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HomeMy WebLinkAboutcocc_council_mtg_packet_20230221_6p_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA February 21, 2023 6:00 P.M. Please email public comments before noon to: cityclerk@cityofcapecanaveral.org For remote options, 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 I 6:00 p.m. - 6:20 p.m. Presentation of Proclamation declaring March 2023 as "Irish -American Heritage Month" in the City of Cape Canaveral to Keith Reynolds, representing The Ancient Order of the Hibernians. Presentation by Beep, Inc. representative Brandon Corsentino to review autonomous vehicle technologies, collaborative efforts, and implementation opportunities within Brevard County. Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2022 — Presentation by Michael Messano, James Moore & Co. Interview Jason Steele for consideration as the City of Cape Canaveral's Legislative Representative. 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 I 6:35 p.m. — 6:40 p.m. 1. Approve the Minutes of the City Council January 17, 2023 Regular Meeting. 2. Resolution No. 2023-02; modifying and updating the City's list of State Road A1A Improvement Priorities; requesting the Florida Department of Transportation provide an updated traffic study for the portion of State Road A1A located within the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 3. Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2022. 4. Accept the Kimley-Horn & Associates Inc. (KHA) Traffic Study (Study) regarding the operation of golf carts on specifically designated City roadways, and direct Staff to draft a resolution incorporating the recommendations of the Study. City of Cape Canaveral, Florida City Council Regular Meeting • February 21, 2023 Agenda • Page 2 of 2 5. Approve ranking of civil engineers/firms by the City's Selection Committee for the position of City Engineer. 6. Authorize the City Manager to execute Letter of Agreement with Jason Steele to serve as the City of Cape Canaveral's Legislative Representative. PUBLIC HEARINGS I 6:40 p.m. — 7:00 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, second 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, second reading. ITEMS FOR ACTION I 7:00 p.m. — 7:20 p.m. 9. Approve Proposal from Kimley-Horn and Associates, Inc. (KHA) in the amount of $98,600 to prepare the Civic Hub Master Plan and authorize City Manager to execute same. 10. Review, revise as needed, and adopt the updated Community Vision Statement. ITEM FOR DISCUSSION I 7:20 p.m. — 7:30 p.m. 11. Electric Vehicle Charging Stations (Submitted by Council Member Willis) REPORTS I 7:30 p.m. — 7:40 p.m. INFORMATIONAL I Items are presented for informational purposes only; no action to be taken. 12. Monthly Financial Report — December 2022. 13. 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 • FEBRUARY 21, 2023 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Presentation of Proclamation declaring March 2023 as "Irish -American Heritage Month" in the City of Cape Canaveral to Keith Reynolds, representing The Ancient Order of the Hibernians. Department: Legislative Summary: The Ancient Order of Hibernians is America's oldest Irish Catholic Fraternal Organization founded concurrently in the coal -mining region of Pennsylvania and New York City in May 1836. Per The Order: Irish Americans in Florida have provided leadership and service to their state, counties, and local communities. Irish Floridians can look back with pride on the legacy of their Irish forebears, who have contributed significantly to education, business, sports, literature, science, engineering, medicine, science and the arts. Today, we continue to recognize and honor the service of our current State, County and Town/City Council leaders and the contributions of fellow Irish Floridians. The Order is requesting the City issue a Proclamation declaring March as "Irish American Heritage Month" in recognition of the long history of Irish American contributions to the State of Florida. Keith Reynolds, President, Brevard County Division 2, of The Ancient Order of Hibernians, is scheduled to be present to receive the Proclamation on behalf of the Order. Submitted by: Mayor Wes Morrison Attachment: Proclamation 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: Present Proclamation to Mr. Reynolds. Approved by City Manager: Todd Morley [City Seal] Official Proclamation City Of Cape Canaveral, Florida WHEREAS, by 1776 nearly 300,000 Irish nationals had emigrated to the American colonies and played a crucial role in America's War for Independence; and WHEREAS, five signers of the Declaration of Independence were of Irish descent, three signers were Irish born and at least twenty-two Presidents of have proudly proclaimed their Irish American heritage; and WHEREAS, Irish born Commodore John Barry fought the last sea battle of the American Revolution off the coast of Florida and was recognized by the United States Congress in September of 2002 as the "First Flag Officer of the United States Navy'; and WHEREAS, the Irish first came to Spanish "La Florida" in the 1500s; first as missionaries and mercenary soldiers and then as planters, traders, businessmen, doctors and administrators and three of the Spanish Governors of "La Florida" were Irish military officers; and WHEREAS, Father Richard Arthur, an Irish-born priest from Limerick who was appointed parish priest for St. Augustine in 1597 and ecclesiastical judge of "La Florida, " established the first public school in America and opened it to both boys and girls of all races; and WHEREAS, Irish Floridians can look back with pride on the legacy of their Irish forebears, who have contributed significantly to American education, business, sports, literature, science, engineering, medicine, science and the arts; and WHEREAS, Irish Americans, since America's inception, have provided and continue to provide leadership and service to this nation's political, business and religious establishments; and WHEREAS, it is fitting and proper to celebrate the rich cultural heritage and the many valuable contributions of Irish Americans. NOW, THEREFORE, 1, Wes Morrison, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim the month of March 2023 as IRISH-AMERICAN HERITAGE MONTH Signed and Sealed this Day of Mayor CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • FEBRUARY 21, 2023 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Presentation by Beep, Inc. representative Brandon Corsentino to review autonomous vehicle technologies, collaborative efforts, and implementation opportunities within Brevard County. Department: Community and Economic Development — Resilience Division Summary: Beep, Inc. is a micro -mobility company based in Lake Nona, Florida that is currently involved in several pilot and real -world, at -scale transit programs across the country that incorporate small autonomous all -electric shuttle buses. They are engaging with various counties and municipalities to conduct outreach about not only their services but also the concepts of autonomous last mile shuttle services and autonomous vehicles in general. Automobile autonomy is a quickly developing technological practice that is already found to some degree in most modern new vehicles in the form of things like lane assist and adaptive cruise control. Each of Beep's shuttle buses, while driverless, always have a human attendant present to assist with passenger experience and to help the vehicle's computer system should the need arise. Beep Inc. has active programs in at least eight other locations, most of which are in Florida, with several now in real -world, at -scale integration phases that involve government transit agencies and private organizations; including the Jacksonville Transportation Authority, the Hillsborough Regional Area Transit Authority, the Pinellas Suncoast Transit Authority, and Zoo Miami. On December 5, 2022, City Staff received a tour of Beep Inc. headquarters in Lake Nona, Florida and received a test drive on one of the company's autonomous shuttle buses that are utilized for last mile shuttle passenger services throughout the area. On January 26, 2023, City Staff received an additional tour of Beep headquarters alongside representatives from the Space Coast Transportation Planning Organization and Space Coast Area Transit, who are exploring appropriate and feasible opportunities within Brevard County to utilize Beep Inc.'s systems and technologies as vehicle autonomy quickly matures. Submitting Department Director: David Dickey Attachment: Beep Inc. Presentation 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 Presentation. Approved by City Manager: Todd Morley Beep City of Cape Canaveral Feb. 21, 2023 Societal Impact Drive environmental benefits • Reduce greenhouse emissions through electrification and ride pooling • Lower mechanical noise • Expand green spaces Improve road safety • Mitigate human error • Reduce traffic congestion • Enhance pedestrian safety • Save lives 30 % of all greenhouse emissions are caused by the transportation sector Multi -passenger, electric shuttles reduce on -road vehicle trips by 4:1 ratio 66 % of vehicle emissions can be liminated with car pooling... before electrification 1.5 HUMAN .5 AV Average response time in seconds from identification to brake actuation The United States has eight parking spaces for every car There are 75,000+ pedestrian accidents every year Pedestrian accidents increased 62% in urban areas from 2010 -2019 94% of annual US road fatalities are caused by driver error, distraction or impairment 1 Community Impact Transform our communities Extend mobility to underserved populations • Drive urban revitalization • Reduce traffic congestion • Improve pedestrianization Grow the economy • Local economic development • Improve public transit ridership and economics • Reduce parking infrastructure • Drive U.S. jobs & workforce development • Expand U.S. investment and innovation • 10% of US households do not have personal transportation Transit use drops 90% when a person must walk more than a half mile to Each urban parking space avoided saves $24,000 P 1.6 TRILLION DOLLARS Global shared autonomous driving market, 2030 >25 million disabled people in the US have difficulty traveling outside of home Transformational Mobility • Micromobility represents most underserved segment for U.S. transportation access • Shuttle form factor provides unique advantages for enabling mobility, reducing traffic, extending public transit access • Autonomous vehicle platforms will first be adopted in more controlled ODDs • Achievement of true Level 4 autonomy will require remote safety and performance monitoring • Next -generation platforms will transform mobility 2 Industry Leadership • 103,000 Live Road Hours 100,000 Passengers Carried 350 First Responders Trained Serving These Organizations CITY OF PEORIA PSTA NEMOURS CHILDREN'S HEALTH JACKSONVILLE TRANSPORATION AUTHORITY CITY OF PEACHTREE CORNERS MATTAMY HOMES MAYO CLINIC HART HILLSBOROUGH AREA REGIONAL TRANSIT AUTHORITY UNIVERSITY OF CENTRAL FLORIDA U.S. DEPARTMENT OF VETERANS AFFAIRS TAVISTOCK DEVELOPMENT COMPANY NATIONAL PARK SERVICE Turnkey Mobility Solution Planning Assess the financial, operational and regulatory feasibility of implementing safe autonomous mobility network Management Provide remote monitoring, teleoperations, software updates, safety operations and regulatory reporting Deployment Refine routes, commission AVs, train first responders and help launch services within available operational design domains Activation Orchestrate autonomous fleets to optimize ridership, maximizing the consumption of goods and services 3 Broad Range Of Use Cases PUBLIC SECTOR Community Redevelopment Transform mobility accessibility and activate communities Transit Extensions and first and last mile mobility routes to existing networks City Centers Reduce traffic congestion, resolve parking constraints Airports and Event Centers. Stilt Upgrade to eco-friendly platforms and enhance connectivity © 2022 Beep, Inc. AB Rights Reserved PRIVATE SECTOR • Planned Communities Connect residential, retail and business Colleges & Universities Provide student, visitor and employee transportation Healthcare & Business Service campus buildings and remote parking areas • Senior Living Address on and off property needs of residents Our Project Areas beep. = Community Partners Yellowstone National Park Altamonte Springs, FL Miami -Dade County, FL Peoria, AZ Lake Nona, FL Peachtree Corners, GA Jacksonville Transportation Authority Tradition, FL Pinellas Suncoast Transit Authority 4 HOLON Top Speed 37 mph Range 60+ miles Power 150 kW Capacity 11 seated + 4 standing GVWR >11,000 lb Dimensions 15.7' L x 7.6' W x 9.2' H Step -In Height 10.6" ADS Mobileye Drive ADA Compliant Yes Availability 2025 ZF Top Speed 35 mph Range 100 miles Power 50-100 kW Capacity 15 seated + 7 standing GVWR > 11,000 lb Dimensions 22' L x 7.6' W x 9.5' H Step-In Height 10.6" ADS ZF ProAI ADA Compliant Yes Availability 2025 5 beepTM ridebeep.com ©2022 Beep, Inc. All Rights Reserved 6 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • FEBRUARY 21, 2023 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2022 — Presentation by Michael Messano, James Moore & Co. Department: Financial Services Summary: The Accounting Firm of James Moore & Co. performed the Annual Audit of the City's Financial Statements for the Fiscal Year ended September 30, 2022. James Moore & Co. determined the Financial Statements present fairly, in all material respects, the financial position of the City of Cape Canaveral and are in conformity with Generally Accepted Accounting Principles. The Audit was conducted in accordance with Generally Accepted Auditing Standards and Government Auditing Standards. Audit Manager Michael Messano will present the findings and recommendations. Financial Highlights: • The assets of the City exceeded its liabilities at the close of the most recent year by $61.1 million (net position). Of this amount, $12.95 million (unrestricted net position) may be used to meet the City's ongoing obligations. • The City's total net position increased by $7.75 million. This is the result of construction projects completed during the year and the addition of capital assets, funded primarily through capital contributions and grants. • At the close of the fiscal year, the City's governmental funds reported combined ending fund balances of $12.3 million, an increase of $4 million in comparison with the prior year due to funds received from the American Rescue Plan Act, which will be primarily used for Wastewater and Stormwater Projects. • At the close of the fiscal year, fund balance for the General Fund was $12,109,311. Of this amount, $0 relates to inventory and prepaids as well as long term advances and is therefore nonspendable. The remaining fund balance includes restricted ($591,014), committed ($5,631,465), assigned ($3,120,500) and unassigned ($2,766,332) balances. Within the committed fund balance category, the largest piece is $1,649,486 committed for the construction of a City of Cape Canaveral Community Center and Culture, Arts, Preservation and Enrichment (CAPE) Center. Unassigned funds are available to fund on- going activities of the City's various General Fund services and programs. • The City's total long-term liabilities increased $1,181,118. This was due to receipt of additional State Revolving Fund money ($1,767,109) and issuance of the $1,200,000 Capital Improvement Revenue Note, offset by annual debt service payments on the Capital Improvement Revenue Notes ($1,306,000) and State Revolving Loans ($479,991). Submitting Department Director: John DeLeo Attachment: James Moore & Co. Presentation Financial Impact: Staff time and effort to prepare this agenda item and cost of the Audit. Reviewed by Administrative/Financial Services Director: John DeLeo City of Cape Canaveral City Council Meeting • February 21, 2023 Presentations/Interviews Page 2 of 2 The City Manager recommends the City Council take the following action: Receive the Presentation. Approved by City Manager: Todd Morley CITY OF CAPE CANAVERAL Presentation To: City of Cape Canaveral, Florida Annual Audit for the Year Ended September 30, 2022 Presented by: Zach Chalifour, CPA Mike Messano, CPA February 21, 2023 JAMESMOORE Certificate of Achievement for Excellence in Financial Reporting GFOA Government Finance Officers Assocation Certificate of Achievement for Excellence in Financial Reporting Presented City of Cape Canveral Florida For its Annual Comprehensive Financial Report For the Fiscal Year Ended September 30, 2021 [ Christopher P. Morrill ] Executive Director/CEO CITY OF CAPE CANAVERAL JAMESMOORE 1 Auditors' Reports • Audit Report (pages 20-22) — Unmodified opinion • Single Audit Report on Compliance (pages 109-111) — Federal and State single audit; no findings Internal Control and Compliance Report (pages 112-113) — No findings or comments • Chapter 10.550 Auditor General Report (pages 114-116) — No modifications Independent Accountants' Examination Report (page 117) — In compliance with state statutes CITY OF Cape Canaveral JAMESMOORE EST 1963 General Fund (Page 41) Fund Balance Nonspendable Restricted Committed Assigned Unassigned Total 9/30/2022 $ -0- 591,014 5,631,465 3,120, 500 2,766,332 $ 12,109,311 9/30/2021 849,212 $ 286,208 2,061,783 1,996,700 3,331,874 8,525,777 9/30/3030 1,782 343,022 6,805,686 1,735,350 3,849,504 12,735,344 CITY OF CAPE CANAVERAL JAMESMOORE 2 General Fund (continued) • GFOA Recommendation: — Minimum of 2 Months (16.7%) of recurring expenditures and transfers out in assigned + unassigned fund balance. • Total Assigned/Unassigned Fund Balance $ 5,886,832 • CY Expenditures + Recurring Transfers Out $14,106,153 • Percentage Assigned/Unassigned Fund Balance as a percentage of Expenditures and Transfers out 41.7% • Prior Year % 43.4% C1TY OF CAPE CANAVERAL JAMESMOORE CRA Fund (Pages 41 & 43) • Total Fund Balance $ (416,585) • Revenue Increase Last 3 Years 2022 2021 2020 $1,886,241 $1,566,301 $1,149,413 • Expenditures — $4,833,843 operating and capital outlay — $820,032 transfers out for debt service payments • Separate Audit Issued — no findings • Separate Examination Report on Compliance with specified CRA statutes — in compliance CITY OF CAPE CANAVERAL JAMESMOORE 3 Other Highlights • Proprietary Funds — Unrestricted Net Position 2022 2021 2020 Wastewater $556,020 $808,119 $475,647 Stormwater $1,794,727 $1,644,466 $1,595,518 • Debt — $1.8 million in SRF loan drawdowns (8 loans) — $480K in total debt repayments CITY OF CAPE CANAVERAL JAMESMOORE Questions? CITY OF CAPE CANAVERAL JAMESMOORE 4 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • FEBRUARY 21, 2023 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Interview Jason Steele for consideration as the City of Cape Canaveral's Legislative Representative. Department: Mayor Morrison and the City Manager's Office Summary: The purpose of engaging the services of a Legislative Representative is to provide nonexclusive representation on behalf of the City of Cape Canaveral before the Governor, Cabinet, Legislature, Florida's various Executive agencies, and other governmental agencies. At the City Manager's request, the City Attorney drafted a Letter of Agreement for City Council consideration, which is included in a later agenda item in this agenda packet. The Letter of Agreement includes the following: Scope of Services: The Legislative Representative shall use his professional experience and understanding of the City's needs and concerns to routinely monitor and inform the City of State issues and initiatives that may have a potential impact on the City and its citizens and businesses. Further, Services shall also be requested by the City on an as -needed basis. All Services shall be prosecuted regularly, diligently, completely, and within the time specified by the City or necessary based on a specific initiative. Such services may include, but are not limited to: 1. Identify, review, monitor and analyze proposed and emerging State policies, programs, and legislation in connection with the City's interests. 2. Review the legislative policy statements adopted by the Florida League of Cities and the policy statements of other local government lobbying groups for the purpose of identifying issues, which may either positively or negatively affect the City. 3. Assist the City Council and City Staff in coordinating and developing the City's legislative program. These issues may include: public safety, law enforcement, business attraction and retention, infrastructure improvements, transportation, environmental, affordable housing, economic development, utilities, revenue enhancement, annexation, mandates, and other municipal issues affecting the City. 4. Monitor State legislative committee meetings, state agency hearings and meetings prior to or during the legislative session at which specific issues within the City's adopted legislative program are considered or which may significantly affect the City's interests. 5. Work with the City Council, City Attorney, and City Staff in developing special or general legislation in keeping with, or supportive of, the City's adopted legislative program. 6. Develop and evaluate strategy for the support, opposition, or amendment of pending legislation. 7. Appear and testify at State agency hearings, rulemaking proceedings and other administrative or legislative meetings in order to promote, oppose or seek passage of legislation, policies, or rules affecting the City or its citizens. 8. Coordinate appointments/meetings between the City Council, City Attorney, or other City Staff and appropriate State officials and legislators. City of Cape Canaveral City Council Meeting • February 21, 2023 Presentations/Interviews Page 2 of 2 9. Provide periodic briefings, reports (oral and/or written), and information bulletins pertinent to any State legislation, policies, rules or regulations that affect the City. 10. Prepare periodic written reports that summarize the status of the City's legislative program and priorities. 11. Assist the City in coordinating applications and obtaining State permits and grants, as requested by the City in writing. 12. Represent the City before the Brevard County Legislative Delegation and its members regarding the City's legislative program. 13. Upon request of the City, or as deemed necessary by the Legislative Representative would attend City Council meetings and meetings with the City Attorney and City staff regarding any of the aforesaid. Mr. Jason Steele, non -attorney Director of Government Relations for the law firm of Smith & Associates in Melbourne, FL, has expressed interest in assuming the role as the City of Cape Canaveral's Legislative Representative and is here tonight to be interviewed by City Council. Mr. Steele's resume is attached. The Mayor and City Manager met with Mr. Steele in January 2023. Mr. Steele has indicated that he currently represents other municipalities located in Brevard County including the City of Satellite Beach and the City of Indialantic, and may represent other cities or units of local governments in the future. Submitting Department Director: Todd Morley Attachment: Jason Steele Resume 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: Interview Jason Steele for Consideration as City of Cape Canaveral Legislative Representative. Approved by City Manager: Todd Morley Jason Steele www.smithlawtlh.com 321-258-8993 Cell 321-676-5555 Office jasonsteele@me.com SMITH & ASSOCIATES 1499 S. HARBOR CITY BLVD., STE. 202 MELBOURNE, FL 32901 Former FL State Representative Real Estate Broker Television Executive Producer Court Appointed Receiver Expert Witness Law Office Director of Government Affairs Professional Experience 2015: Appointed by to Senate President Andy Gardiner Enterprise Florida Board of Directors A not -for -profit government and business partnership to guide Florida's economy. 2015: Appointed by Senate President Andy Gardiner to Space Florida Board of Directors A aerospace economic development organization, committed to attracting and expanding the next generation of space industry businesses in Florida. 2012 to Present: Director of Governmental Affairs for Smith & Associates Law Offices A non -lawyer and sole advisor on political matters for the firm's offices in Melbourne and Tallahassee. Head of business development and provider of expert witness testimony in the on Real Estate matters in State and Federal Courts. 1990 to Present: Expert Witness: Retained for legal opinion on real estate cases in the state of Florida. Please see list of some of the cases attached. 2013 to 2014: Court Appointed Receiver for the Hampton Inn of West Melbourne, FL Strong Receivership skills have been recognized by the Circuit Court many times. Responsible for overseeing the staff and daily operations while making much needed improvements to insure occupancy, profitability and the maintaining of the Hilton flag while the property was undergoing lengthy court proceedings. Previously a Receiver in a highly visible Brevard Builders case in which he was able to save many homeowners from major losses, due to corruption of the builders. Prior receiverships also encompass apartments' hotels, and residential subdivisions 2012 to Present: Executive Producer of TV Show "Political Food for Thought" Currently in its 5th season this show is a fast moving, non -partisan, non -adversarial cross between CNN News, and the Cooking Channel. It has been wildly successful in Florida airing on Fox Affiliate, Sun Sports, and is broadcast to 7,000,000 homes statewide in Florida. 2008 to Present: Broker for The Steele Group Co -Founder of this company owned by his longtime partner, and bother, Val Steele. Specialization in environmentally endangered land sales to Federal and State Agencies resulting in being a major contributor to Hubbs Sea World and the Archie Carr National Wildlife Refuge. Manager of the Commercial Division and involved in key developments of Brevard County. During this time Jason was a real estate instructor, real estate commissioner, and eventually went on to head up the entire Division of Real Estate for Governor Jeb Bush. Professional Experience Cont. March 2007 to 2008: Downs Corporation, 2050 S. Patrick Dr. Indian Harbor Beach Project Manager for Dragon Pointe Mixed Use Development and Broker of Record for Downs Realty, LLC March 2004 to March 2007: Coldwell Banker Ed Schlitt Realty Melbourne Managing Broker of the Melbourne office with multiple sales agents in real estate. Duties included oversight of all sales contracts, weekly sales meetings, performance reports, organization of sponsored community programs. May 27, 2003 to March 2004: irector of the Division of Real Estate State of Florida under the Department of Business and Professional Regulations, Orlando Department. Appointed by Governor Jeb Bush. In charge of a team of investigators. Worked with FREC and FREAB. Mission of protecting the public through regulation of real estate licensee's and appraisal licensees. May 2002 to May 2003: Appointed receiver for Brevard Builder Group by Circuit Court Judge George Maxwell The Honorable Judge George Maxwell needed an expert in real estate to help a group of Brevard County residents doing business with a local builder. Worked with the families on claims of misrepresentation and fund mismanagement. Expertise required knowledge of real estate contract law and qualifications for DBPR programs for claimants' return of funds. 1974 to 2003: Vice President of The Steele Company Indialantic, FL Full service real estate Brokerage Corporation specializing in government acquisitions of vacant land for conservation, permitting, commercial and subdivisions. Florida Real Estate Commissioner: Appointed by Governor Martinez 1988 to serve four years. Re -appointed in1992 by Governor Lawton Chiles for additional 4-year term. Real Estate Instructor since 1980 Community & Government Experience 2015: Enterprise Florida and Space Florida Board of Directors 2012 to Present: East Central Florida Chamber of Commerce Legislative Committee 2010 to Present: Economic Development Council Board of Directors 2010: Chairman of Marco Rubio Campaign for United States Senate 2009 to 2010: Chairman of Brevard County Republican Party 1988 to 2008: Member of Melbourne Palm Bay Chamber of Commerce 2004 to 2012: Prevent Board of Directors 2002 to 2008: Member Hubbs Seaworld Research Institute Florida 1985 to 2008: Founder, and Member of Space Coast Tiger Bay Club 1996 to 1993: Liaison to Florida Real Estate Education Foundation 1994: Agency Task Force committee member 1992: Chairman Florida Real Estate Commission 1991 to 1990: Vice Chairman Florida Real Estate Commission 1981: Tourism, Economic Development and Transportation, Private Property Rights, Chairman Brevard County Legislative 1980 to 1982: Served in the House of Representatives, as State Representative District 44 1972: President of South Brevard Young Republicans Education I.T.I. Trained Real Estate Instructor Florida Association of Realtors Senior Instructor of: GRI, Fair Housing, Sales and Marketing, Environmental Permitting, Agency, and Law. Attended Florida State University. Associates degree from Broward Community College. Attended St. Thomas Aquinas High School, and Stranahan High School, Ft. Lauderdale. Realtor Association 1999: Florida Association of Realtors (FAR) Legal Action Committee. FAR Board of Directors. Vice Chair Legislative Committee. 1998: President Melbourne Association of Realtors. Vice Chairman Regulatory Reform. Task Force Member Risk Management. Statewide Chairman Realtors for Bush. Board of Directors FAR 1997: President Elect Melbourne Association of Realtors. Board of Directors FAR. Legislative Committee member. 1985: Legislative Committee Chairman Licenses 1974 to Present: Active Real Estate Broker License 1998 to 2003: Real Estate Broker's License inactive due to conflict of interest for Position 1997: Real Estate School: Jason Steele Real Estate Institute 1980 to 1999: Real Estate Instructor Publications "The Environmental Survival Kit for Real Estate Professionals" Book Co Authored with Attorney Becky Vose and Environmental Engineer Barry Reiter "Expert Witness: Lending a hand in Real Estate Cases" May 10, 2011 Article in Florida Law Journal 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 January 17, 2023 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. City resident Arlyn DeBlauw 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 Capital Projects Deputy Director Community and Economic Development (C+ED) Director C+ED Deputy Director/Sustainability Manager C+ED Senior Planner Parks, Recreation & Community Affairs (PRCA) Director PRCA Deputy Director/Projects and Parks Public Works Services Director Executive Assistant to the City Manager/Office Manager Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff Tim Carlisle Dave Dickey Zachary Eichholz Kyle Harris Molly Thomas John Mayberry June Clark Lisa Day Byron Keck Scott Molyneaux APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: A motion was made by Council Member Kellum, seconded by Council Member Willis, to move Agenda Items 9 and 10 after Agenda Item 5. The motion carried 5-0. PRESENTATIONS/INTERVIEWS: Presentation to the Financial Services Department of the Certificate of Achievement for Excellence in Financial Reporting Fiscal Year ending September 30, 2021: City Manager Morley explained the Item. Council congratulated Administrative/Financial Services Director DeLeo who commended the Finance Department Staff for their efforts/achievements. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • January 17, 2023 Minutes • Page 2 of 5 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): City Manager Morley explained the Item and read the distributed email (attached) regarding Applicant Robert Baugher's withdrawal. Applicants Stuart Smith, Shawna Taylor, Dawn C. Mays, Jayne Saydah (in -person) and Chelsea Partridge (online) each confirmed their applications to be true and correct for City Attorney Garganese, responded to Council questions and discussed their interests, goals and experience. Community and Economic Development Director Dickey explained Applicant Tom Hermansen being out of the country and pointed Council to the distributed supplemental information (attached) provided by Mr. Hermansen. Council thanked all Applicants for willingness to serve the City and discussed providing Community Redevelopment Agency Board training for the new members. PUBLIC PARTICIPATION: John Benton discussed a request for a code reduction hearing. CONSENT AGENDA: 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. A motion was made by Council Member Willis, seconded by Council Member Kellum, to approve the Consent Agenda. The motion carried 5-0. ITEMS FOR ACTION: 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: City Attorney Garganese read the title into the record. City Manager Morley explained the Item. Discussion ensued and included the Board's requirement for a minimum of two City residents, the purpose for staggering of terms, and individual Council Member preferences for Applicants to fill each term. Council reached consensus to appoint Jayne Saydah and Chelsea Partridge to serve until November 1, 2023, Tom Hermansen and Dawn C. Mays to serve until November 1, 2024, and Stuart Smith and Shawna Taylor to serve until November 1, 2025. A motion was made by Council Member Kellum, seconded by Mayor Pro Tem Raymond, to adopt Resolution No. 2023-01, with the Consensus as recorded by the Mayor. The motion carried 5-0. 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: City Manager Morley explained the Item, discussed future positive impacts to the City including the creation of a stormwater solution for the City, solving problems such as parking in the right-of- way and in the street, and how the One -Way Roadway Study was not in the original design. Discussion ensued and included confirmation the $25,000 is coming out of this year's budget, there will be recommendations along with the results of the Study, the significant community outreach to get the public involved and educated, and favor for the Project. A motion was made by Council Member Davis, seconded by Council Member Willis, to accept the Proposal. The motion carried 5-0. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • January 17, 2023 Minutes • Page 3 of 5 ITEMS FOR DISCUSSION: (As amended under Approval of Agenda) 9. Discuss the dangers of electric bikes on City sidewalks. (Submitted by Mayor Pro Tem Raymond/Postponed on December 20, 2022): Mayor Pro Tem Raymond explained the Item and made suggestions to abate the dangers of electric bikes on City sidewalks. Discussion ensued and included agreement that e-bikes are traveling too fast, suggestion to designate a path and educate the public to use them on the roadway, the need to educate the e-bike rental business owners and need for community outreach, and whether there are enforcement liability issues the City could face if e-bikes were forced onto the road with cars. City Attorney Garganese discussed enabling legislation in Florida Statutes that allows the City to make for that discretionary decision. Discussion continued regarding the original plan to place striping on the sidewalk and the suggestion to require e-bike rental businesses to post rules. City Manager Morley discussed educating the public through use of stencil symbols and contrasting color to designate where e- bikes may travel, preparing a Budget Item for the next fiscal year covering the cost/scope of work for striping/stenciling symbols along Ridgewood Avenue, North Atlantic Avenue and Central Boulevards, and how the e-bike travel lanes could be designated with a stripe down the center of the pedways of Ridgewood and North Atlantic Avenues rather than where the cars travel, due to the narrowness of those roadways. Council reached consensus for Staff to bring back an update Item in a couple of months and prepare a Budget Item for the next fiscal year covering the cost/scope of work as discussed. 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): Council Member Kellum explained the Item. Discussion ensued and included the desire to move forward with the Project, moving playground related Project funds into contingency, concerns over time spent on the Project by the Culture and Leisure Services Board including playground design, opposition versus support for moving the playground to the Civic Hub, underutilization of Veterans Memorial Park, Council Member feedback from Veteran groups in favor of removing the playground, desire to honor Veterans wishes, and concern over what to do with the plans the City already paid for. PRCA Director Thomas discussed how the removal of the playground would affect the Project and plans to include lighting, landscaping, stormwater pond, swales and pollinator plants. A motion was made by Council Member Kellum, seconded by Council Member Willis, to remove the playground from the Veterans Memorial Park design plan with the understanding those funds will stay in contingency. The motion carried 5-0. Mayor recessed the meeting at 7:53 p.m. The meeting was reconvened at 8:06 p.m. 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 Manager Morley explained the Item, recommending Equipment Option 1 and Technical Support Option 2. Discussion ensued and included technical support proposed for the next fiscal year, the need to inform IM Solutions by January 18, 2023 to retain original pricing quote, reasons to move forward with the improvements including production of better live and recorded public meetings, and support for Options 1 and 2 as recommended. Administrative/Financial Services Director DeLeo discussed the new IT position budgeted for next 2023/2024 fiscal year and the current 2022/2023 fiscal year Budget covers the Equipment. Discussion continued regarding the necessity of the production/services upgrade, resale value of the new equipment, desire for IM Solutions to train the new IT Staff member in the next fiscal year, and using the upgrade equipment for events other City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • January 17, 2023 Minutes • Page 4 of 5 than City Council meetings. A motion was made by Council Member Willis, seconded by Council Member Kellum, to adopt Equipment Option 1 and Technical Support Option 2. The motion carried 5-0. PUBLIC HEARINGS: 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: City Attorney Garganese read the title into the record. The Public Hearing was opened. Scott Holmes, resident and property owner, discussed action the City took last year to amend the regulations for roll -off dumpsters, and urged Council consider keeping the measure in place. City Attorney Garganese discussed provisions covered in the City's current franchise contract which has always allowed for the businesses to apply for small dumpsters, how the business is very controlled requiring appropriate licensing, franchise statutory and City Code requirements, monitoring that type of business to ensure companies are authorized to do business in the City, not violating the City's exclusive franchise agreement with Waste Pro and the City's position that Waste Pro does not have exclusivity for cubic yards, twenty and under, for small haulers. Discussion ensued and included Code Enforcement duties to address small haulers, and minimum franchise agreement requirements that need to be maintained whether Council changes the City Code or not, support for giving citizens more choices and quick service, and how contractors are allowed to bring in their own dumpsters. Waste Pro Division Manager Dean Ulrich discussed providing an exact number related to the roll -off dumpster exclusion would require detailed analysis versus the rough estimate of an additional dollar per home and a dollar for each commercial business. Discussion continued regarding a desire to see Waste Pro's detailed analysis, how adopting the Ordinance will extend the contract to 2027, and support for and opposition to amending the contract to include removing the twenty yard and under roll -off dumpsters. A motion was made by Council Member Davis, seconded by Mayor Pro Tem Raymond, approve Ordinance No. 02-2023 as written, at first reading. Discussion ensued regarding potential savings in costs for residential roll -off dumpsters, and curiosity over what Mr. Holmes and other companies charge per yard for commercial dumpsters. The motion carried 4-1, with Mayor Morrison voting against. 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: City Attorney Garganese read the title into the record and explained the Item. Discussion ensued and included excitement over the newly appointed Board Members and the Board's new duties, and the plan for Community Redevelopment Agency (CRA) training offered by City Attorney Garganese. City Manager Morley discussed CRA training for the Business and Economic Development Board can be a Council requirement, separate from the Ordinance. A motion was made by Council Member Kellum, seconded by Council Member Willis, to adopt Ordinance No. 03-2023, at first reading. The motion carried 5-0. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • January 17, 2023 Minutes • Page 5 of 5 REPORTS: Mayor Pro Tem Raymond discussed attending the Space Coast League of Cities meeting and encouraged attendance at the February Meeting. Mayor Morrison expressed pride in Staff for Holiday activities of the City this year, and thanked the Brevard County Sheriff's Office for handling heavy traffic and backups on State Road A1A. City Manager Morley announced plans to be overseas in late March and early April during which time City Clerk Goforth will be Acting City Manager. ADJOURNMENT: The Meeting was adjourned at 9:29 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk Attachment to January 17, 2023 Minutes City Council Regular Meeting From: Bob Baugher <bbaugher@cocoabeachsurf.com> Sent: Thursday, January 12, 2023 2:24 PM To: Patricia Roth <P.Roth@cityofcapecanaveral.org> Cc: David Dickey <D.Dickey@cityofcapecanaveral.org> Subject: RE: Business and Economic Development Board David/Patricia: Since you all have more applications than seats, please withdraw my name from consideration. I have told a port commissioner I would do my civil duty by sitting on a committee for the port. Thank you Bob Bob Baugher President Baugher Hotel Group, Inc. Cocoa Beach Surf Company Radisson Resort at the Port Four Points by Sheraton 2210 South Atlantic Avenue Cocoa Beach, FL 32931 (321) 784-2318 From: Patricia Roth[mailto:P.Roth@cityofcapecanaveral.org] Sent: Friday, January 6, 2023 4:26 PM To: Bob Baugher Cc: David Dickey Subject: Business and Economic Development Board Good afternoon. Thanks again for your interest in membership on the Business and Economic Development Board (Board). As you know, the Council will be considering the seven (7) submitted applications at their January 17th meeting. Your attendance is requested in case the Council has any questions. I want to point out that there are currently six vacancies of the Board. Therefore, not everyone will be appointed. Please let me know if you have any questions prior to the meeting. Dave David Dickey Community & Economic Development Director City of Cape Canaveral (321) 868-1220 x118 100 Polk Avenue — P.O. Box 326 Cape Canaveral, Florida 32920 Attachment to January 17, 2023 Minutes City Council Regular Meeting David Dickey Community & Economic Development Director City of Cape Canaveral Via Email: D.Dickey@cityofcapecanaveral.org RE: Business and Economic Development Board David, With respect to my application for a position on the Business and Economic Development Board, I write to give a brief overview of my business involvement within the Cape Canaveral and in the area. I will unfortunately not be able to attend the Council meeting on January 17th due to previously arranged travel commitments. I am the managing partner or a partner in the following businesses within Cape Canaveral: 1. Cape Hotel Group LLC— dba Springhill Suites Cape Canaveral 2. Reef Hotel Group LLC— dba TownePlace Suites Cape Canaveral 3. CCJV LLC — owner of the multi -tenant building located at 8550 Astronaut Blvd. Property also has a 2 acre outparcel that will be developed in the near term. 4. Port Parking LLC — dba Port Parking Space at Port Canaveral — cruise parking operation located at 8945 Columbia Rd 5. BRB Enterprises LLP — owner of 11 acres of vacant land for near term development in Cape Canaveral 6. Maysen Properties LLC — owner of 7 acres of vacant land for near term development in Cape Canaveral I am also the managing partner of Ocean Partners Hospitality LLLP that owns and operates 4 hotels in Cocoa Beach. I currently serve on the board of directors of Cypress Bank & Trust. I am a sitting member of the Brevard County Tourist Development Council and serve on the Holy Trinity Episcopal Academy board of trustees. My partners and I developed the Residence Inn Cape Canaveral in 2006 but sold this property in 2014. I believe my past, current and future business and development activities will allow me to provide valuable input to this board. Thank you and the members of the Council in advance for considering my application to serve. Respectfully, Tom C Hermansen CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • FEBRUARY 21, 2023 AGENDA ITEM SUMMARY • ITEM # 2 Subject: Resolution No. 2023-02; modifying and updating the City's list of State Road A1A Improvement Priorities; requesting the Florida Department of Transportation provide an updated traffic study for the portion of State Road A1A located within the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. Department: Community and Economic Development Summary: At its December 6, 2022 Regular Meeting, the Council directed the City Attorney and Staff to draft a revised list of priorities in regards to the Florida Department of Transportation's (FDOT) planned improvements to State Road (SR) A1A within the City limits. The updates provided in the list of priorities apply to all planned improvements, and were discussed with the context of the median -centric design concept for the corridor of A1A from George King Boulevard to International Drive. To this end, Resolution No. 2023-02 has been prepared by City Staff for Council's consideration and action. Adoption of this Resolution will update the Prioritized SR A1A Improvements to that portion of SR A1A within the City limits as indicated in Exhibit "A" of the Resolution, as follows: 1. Maintain target design speed as 35 mph. 2. Investigate design accommodations for Cape Gardens and Long Point road users to be able to access SR A1A via signalized intersection. 3. Incorporate striped delineation (or other appropriate markings/signage) for the shared path for bikes and pedestrians. 4. Complete a signal warrant analysis at the A1A intersection of Church Lane and Columbia Drive. 5. Incorporate low -maintenance, cost-effective, native and/or non-invasive landscaping. Submitting Department Director: David Dickey Attachment: Resolution No. 2023-02 with Exhibit "A" — List of Prioritized SR A1A Improvements 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: Adopt Resolution No. 2023-02. Approved by City Manager: Todd Morley RESOLUTION NO. 2023-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; MODIFYING AND UPDATING THE CITY'S LIST OF STATE ROAD A1A IMPROVEMENT PRIORITIES; REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION PROVIDE AN UPDATED TRAFFIC STUDY FOR THE PORTION OF STATE ROAD A1A LOCATED WITHIN THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation ("FDOT"), the Space Coast Transportation Planning Organization ("SCTPO") and the A1A Action Team, which consists of a group of organizations, businesses and residents along the State Road (SR) A1A Corridor, seek to address multimodal transportation along SR A1A from the Pineda Causeway (SR 404) to SR 528 in the City of Cape Canaveral; and WHEREAS, a recent widely published report titled Dangerous by Design (2019) by Smart Growth America ("Report") ranked the Space Coast Area as the third most dangerous metro area for pedestrians in the United States; and WHEREAS, the findings contained in the Report provide that policies and funding mechanisms that have been in place for decades have created designs that make streets more unsafe because such policies and funding mechanisms continue to prioritize moving vehicles quickly and efficiently over public safety for all people especially pedestrians, bicyclists and other users of multimodal transportation options; and WHEREAS, the City Council continues to strongly emphasize, as a matter of local policy, that bicycle, multimodal and pedestrian safety/connectivity throughout the SR A1A corridor be given more consideration and emphasis to address the public safety needs of all people required to use SR A1A for transportation and connectivity within the City of Cape Canaveral; and WHEREAS, based on public concerns and experience expressed to the City over the years, the City Council believes that any future designs for SR A1A improvements must encourage safer, slower driving speeds to improve public safety on SR A1A; and WHEREAS, the City Council desires to transform SR A1A into a safe, more resilient, and efficient multimodal corridor that connects and supports the economic viability of the City of Cape Canaveral and is also aesthetically pleasing while providing a sense of community through innovation, design, safety and connectivity; and WHEREAS, the City Council intends to streamline development of feasible improvement strategies to address locally identified transportation, community planning and urban design issues such as corridor beautification, way -finding signage, undergrounding of utilities, traffic calming devices, pedestrian and bicycle facility enhancements, improved transit service, intersection improvements and other infrastructure improvements; and City of Cape Canaveral Resolution 2023-02 Page 1 of 3 WHEREAS, the City Council desires to promote the safety, efficiency, innovation, design, connectivity and aesthetics of the SR A1A corridor and has prioritized the City's desired improvements related to that portion of the SR A1A corridor located within the City; and WHEREAS, on July 15th, 2014 the City Council approved Resolution No. 2014-22 approving the City's initial list of SR A1A Improvement Priorities, and said list was modified and updated by Resolution No. 2015-06 which was approved by the City Council on May 19, 2015, by Resolution No. 2018-01 which was approved by the City Council on February 20, 2018, and again by Resolution No. 2019-01 on March 19, 201, and again by Resolution 2022-16 on August 16, 2022; and WHEREAS, the City Council recognizes that circumstances continue to change since the City last updated its list of SR A1A Improvement Priorities, and therefore, the City Council desires to modify and update its list of SR A1A Improvement Priorities; and WHEREAS, the City Council also desires to emphasize that based on extensive public input, the City Council does not support a roundabout at the intersection SR A1A and International Drive, and supports the construction of raised medians from George King Boulevard to International Drive for purposes of improving safe vehicular access management along SR A1A; and WHEREAS, particularly, the City Council is aware of an increase in City-wide bicycle ridership and pedestrian activity that requires the City to continue to promote and prioritize safe and attractive bicycle and pedestrian crossings and amenities along SR A1A; and WHEREAS, the City Council is also aware of current and on -going positive growth projections for the Space Industry, Port Canaveral, and tourism within the Cape Canaveral area and this projected positive growth requires that the City Council promote and prioritize safety enhancements to SR A1A consistent with the City's ongoing branding initiative and strategic vision for the Cape Canaveral Community; and WHEREAS, the City Council acknowledges and appreciates that efforts are currently being made by FDOT and SCTPO on the Long Point Road -to -George King Boulevard Curb and Gutter Design Project and the International Drive Realignment Design Project which should provide some local improvement consistent with the concerns and priorities expressed by the City Council in this Resolution; and WHEREAS, in order to manage the positive growth projections anticipated within the City of Cape Canaveral and surrounding area, the City Council desires FDOT to provide an updated traffic study for that portion of the SR A1A corridor located within the City of Cape Canaveral, where such traffic study accounts for the increase in bicycle ridership and pedestrian activity, on- going growth projections for the Space Industry/Port Canaveral/tourism including seasonal variations to be used to plan and guide future development projects within the City. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida: Section 1. Recitals. The foregoing recitals contained in the preamble to this Resolution are incorporated by reference herein. City of Cape Canaveral Resolution 2023-02 Page 2 of 3 Section 2. Approval of SR A1A Priorities. The City Council of the City of Cape Canaveral hereby approves a modified list of the City's priorities for improvements to that portion of SR A1A within the City of Cape Canaveral, as attached hereto and incorporated herein by reference as Exhibit "A". Section 3. Request for Updated Traffic Study. The City Council of the City of Cape Canaveral hereby requests FDOT coordinate with the City to periodically provide updated traffic study information for that segment of SR A1A located within the City of Cape Canaveral in order to provide meaningful data to be used in planning future SR A1A improvements, addressing bicycle ridership and pedestrian activities, safety and uses, on -going growth projections for the Space Industry/Port Canaveral/tourism including seasonal variations to be used to plan and guide future development projects within the City. Section 4. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, this 21 st day of February 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 2023-02 Page 3 of 3 Exhibit "A" City of Cape Canaveral Prioritized SR A1A Improvements Resolution No. 2023-02 Public Safety Priority Items 1. Lower all speed limits to 35 m.p.h. 2. Public Safety Improvements: A. Additional crosswalks at existing signalized intersections: I. North side of the signalized intersection of W. Central Avenue and SR A1A. II. South side of the signalized intersection of Holman Road and SR A1A. (Completed). III. Where appropriate at the intersection of Jackson Avenue and SR A1A, considering. B. All existing crosswalks and intersections to be audible and signalized. C. New mid -block audible/signalized crosswalks with HAWK (High -intensity Activated crosswalk) beacons or PHB (Pedestrian Hybrid Beacons) at the following locations: I. Burger King/SCAT bus stop II. Columbia Drive III. Taylor Avenue IV. Cape Shores/East Hayes Avenue D. Urban roadway profile safety improvements: I. Installation of wider landscaped medians with managed turning movement areas; low landscaping in medians to maintain driver visibility, with higher landscaping along sidewalks/pedways. II. Installation of landscaping along SR A1A including, where appropriate, cluster landscape features. III. Where appropriate and with reasonable consideration, install low - maintenance, cost-effective, native, and/or non-invasive landscaping, including but not limited to Florida Friendly or Lagoon Friendly vegetation. IV. Installation of street furniture and decorative lighting (solar powered lighting where possible) and traffic signage. V. Construction of curb and gutter along both sides of roadway. This will require limited/as-necessary right-of-way acquisition funding for stormwater ponds and clipped corners at intersecting roadways. Consider bio-swales within landscaping plan for SR A1A; bio-swales will need to be located near existing storm drain inlets so stormwater overflow can enter system. VI. Construction of wide, buffered, shared paths with appropriate markings and stencils to delineate pedestrian vs bike usage, along both sides of SR A1A to more safely accommodate pedestrians and bicyclists; improve sidewalks along SR A1A in an ADA-compliant manner. VII. Construction of low -maintenance stormwater improvements near stormwater outfalls that address ponding and water quality, including pre-treatment for nitrogen and phosphorus. Stormwater gardens might be considered in historic ponding areas. VIII. Where appropriate and needed to improve pedestrian and bicycle safety, install native vegetation "islands," crosswalk striping including on side -streets feeding into SR A1A and other arterial roadways, traffic calming devices, and pedestrian/vehicle barriers. 3. Realignment of International Drive: The realignment of International Drive with North Atlantic Avenue on SR A1A will require right-of-way (ROW) acquisition funding and must address not only the roadway alignments, but also stormwater drainage (possible wet detention pond) and pedestrian/bike crossings. Include marked crosswalks on all sides of this intersection. The International Drive Realignment Project Design is currently funded and underway. 4. New mast arms and audible/signalized intersection at SR A1A and Thurm Boulevard: The installation of an audible/signalized intersection at Thurm Boulevard will require an aligned common driveway to be designed and constructed on the private property on the east side of SR A1A. (Signal warrant analysis currently underway/requested by nearby private property developers). 5. The remainder of SR A1A within the City of Cape Canaveral, from Long Point Road to the southern jurisdictional limits of the City of Cape Canaveral, and beyond, as appropriate, be advanced on the prioritized list of projects for curb and gutter improvements in order to provide for bicycle and pedestrian safety and while seamlessly transporting traffic through the City of Cape Canaveral and provide for the general aesthetic of a unified corridor. 6. Regarding FDOT's proposed preliminary designs for A1A improvements previously discussed and presented to the community, the City Council: I. Opposes the proposed roundabout at the intersection of International Drive, SR A1A, and N Atlantic Avenue. II. Supports Concept Design Alternative 2, to include vehicular access management in the form of medians along SR A1A from George King Blvd to International Drive. III. Requests reasonable design considerations for access management, accommodating access to northbound and southbound SR A1A lanes to Long Point Road and Cape Gardens road users. IV. Requests a signal warrant analysis for the intersection of SR A1A, Columbia Drive, and Church Lane. (Completed — signal not warranted). City Vision Priority Items 1. Reduction in overhead lines to include undergrounding of utilities and replacement of existing utility poles with decorative poles. There are over 100+ overhead wires crossing SR A1A in the City. Any reduction in these wires (without impacting existing services) would improve the aesthetics of the entire corridor. 2. Wayfinding signage. Authorize the City to install and maintain an appropriate number of effective and efficient decorative wayfinding signage (with landscaping) directing pedestrians to parks, police, fire and other City and government facilities that pedestrians commonly need to travel. 3. Beautification efforts. Authorize and support City -initiated beautification efforts along SR A1A and other state roadways and land within the City such as the City's Adopt-A- Median/Roadway Landscape Program and Art Utility Box Program. 4. Ensure that all SR A1A public safety and vision priorities are implemented in a manner that is not only functional, but aesthetically pleasing and consistent with the City's on- going branding and strategic planning efforts. A1A Tomorrow I Space for Everyone ROADWAY REDESIGN OPTIONS WITH TRAFFIC SIGNAL AT S.R. A1A/N. ATLANTIC AVE. PROJECT GOALS BASED ON THE CITY OF CAPE CANAVERAL'S RESOLUTION Ye I Sieev Ik Drens& Var es Current Condition 100' Existing Right of Way Drive Lane i Drive Lane a' w' TT Dave Lane Drive Lane 45 35 Slower Speeds Better Pedestrian and Bicycling Facilities • Increased Safe Crossings Opportunities Organized Vehicular Access to Destinations Aesthetic and Placemaking Improvements Minimize Right of Way Impacts '< 100' Existing Right of Way 40 No • Posted speed limit of 40 mph • No horizontal curvature on the southern end means a 35 mph posted speed is not achievable Yes • 5' separated cycle track for bicyclists • 5' sidewalk for pedestrians Somewhat • Midblock crossings with refuge islands and pedestrian hybrid beacons (PHB) • No raised crosswalks No No corridor - wide access management Turning movements are only controlled at midblock crossings and spot traffic islands Somewhat • Groundcover or small shrubs may be used in buffer and on spot traffic islands • Curb & gutter adds to urban character • No additional placemaking elements Yes • Some right-of-way impacts Alternative 1: 40 mph with Cycle Track, Two -Way Left Turn Lane, & Minor Landscaping Highlights: S.R. A1A remains a 5-lane cross section. Spot traffic islands and a separated cycle track for bicyclists are provided. $9.5M estimated construction costs. Alternative 1 can be retrofitted to Alternative 3 design in the future. 100' Existing Right of Way No Somewhat Somewhat Yes Somewhat Yes ** 5.25' 1' 9' Tie Down Sidewalk r S Buffer 2' Drive lane Drive lane 1 Metlian • : Drve Lane -: Drive Lane 1 D Butter Sidewalk E D 'SW 40 Tie Down 1 1 • Posted speed limit of 40 mph • No horizontal 1curvature on the I southern end means a 35 mph posted speed is not achievable • No separation between bicyclists and pedestrians • 9' wider sidewalk accommodates both bicyclists and pedestrians • Midblock crossings with refuge islands and pedestrian hybrid beacons (PHB) No raised crosswalks • Continuous median provides corridor- wide controlled access • 15.5' raised median width is the absolute minimum width possible to maintain safety at 40 mph • Groundcover or small shrubs may be used in buffer • Small trees will be added to median • Curb & gutter adds to urban character • No additional placemaking elements • Some right-of-way impacts Alternative 2: 40 mph with Wide Sidewalk, Median, & Low-level Landscaping Midblock Crossing for Alternative 1 With no horizontal curvature on the southern end, the lowest target speed that Alternative 1 can achieve is 40 mph. Midblock crossings will not be raised and minimal landscaping will be placed in the spot traffic islands. Highlights: Continuous median provides organized vehicular access benefits and more landscaping opportunity, but no dedicated bicycle facility is provided. $13.2M estimated construction costs. Alternative 2 cannot be easily retrofitted to Alternative 3 design in the future. Midblock Crossing for Alternative 2 Both roadway design alternatives utilize the highest level of feasible variations from FDOT design standards to achieve the best balance of providing multimodal features while maintaining safety for all modes - vehicles, pedestrians, and bicyclists. As with Alternative 1, the lowest target speed Alternative 2 can achieve is 40 mph. Midblock crossings will not be raised. Low-level landscaping (small trees) can be placed in the median with Alternative 2. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • FEBRUARY 21, 2023 AGENDA ITEM SUMMARY • ITEM # 3 Subject: Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2022. Department: Administrative/Financial Services Summary: During Presentations at this Regular Meeting, Council will have been provided their Annual Audit of the City's Financial Statements for the Fiscal Year ended September 30, 2022. Staff placed this Agenda Item under the Consent Agenda, recommending a formal vote take place to accept the annual audit as presented. Submitting Department Director: John DeLeo Attachments: None 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: Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2022. Approved by City Manager: Todd Morley CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • FEBRUARY 21, 2023 AGENDA ITEM SUMMARY • ITEM # 4 Subject: Accept the Kimley-Horn & Associates Inc. (KHA) Traffic Study (Study) regarding the operation of golf carts on specifically designated City roadways, and direct Staff to draft a resolution incorporating the recommendations of the Study. Department: Community and Economic Development Summary: At its August 16, 2022, Regular Meeting , Council directed Staff to obtain a traffic study regarding the operation of golf carts on designated City roadways in accordance with Section 74-76 through 74-84 of the City's Code of Ordinances, which was established by Ordinance No. 04-2022. The City engaged KHA to draft a report that creates a Golf Cart Network Map indicating which roads are suitable for golf cart use within the City. The resulting Study (Attached) communicates Florida Statutes and regulations on usage of golf carts on public roads, evaluate which roads are eligible, and recommends a network of golf -cart friendly roads within the City as well as recommended signage. The evaluation and recommendations within the memorandum can be utilized by City Council to establish a Resolution identifying the roadway network designated for golf cart use within the City limits per the requirements within Ordinance No. 04-2022. City Council will have been given an opportunity to review the results of the completed Study at its February 21, 2023 Workshop Meeting and provide feedback to Staff. The purpose of this item is to accept the results of the completed Study and direct staff to draft a Resolution incorporating the recommendations contained therein. Should Council accept the Study's Golf Cart Network Map and associated recommendations, Staff will prepare a Resolution incorporating recommendations contained therein, which will be presented to Council at a later Meeting. Staff will also develop a program implementation timeline that will ultimately contain a dedicated start date for the program for Council review and approval. This timeline will be based on factors such as when necessary signage is expected to be installed and when the processes of registration and enforcement are formally organized and established. This implementation timeline and eventual start date will allow Staff to coordinate with the Brevard County Sheriff's Office and any other associated project partners to establish a process for registering golf carts, enforcing the Ordinance, the installation of signage, and education about the program. Submitting Department Director: David Dickey Attachment: Golf Cart Study 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: Accept the KHA Traffic Study regarding the operation of golf carts on specifically designated City roadways, and direct Staff to draft a resolution incorporating the recommendations of the Study. Approved by City Manager: Todd Morley Cape Canaveral Golf Cart Study Prepared for: The City of Cape Canaveral Prepared by: Kimley-Horn and Associates, Inc. January 2023 © Kimley-Horn and Associates, Inc. 101 E Silver Springs Boulevard Suite 400 Ocala, Florida 34470 352.438.3000 Kimley>>>Horn Expect More Experience Better CAPE CANAVERAL GOLF CART STUDY Cape Canaveral, Florida I January 2023 Table of Contents EXISTING GOLF CART REGULATIONS 3 STUDY AREA 4 FIELD VISIT 8 STATE ROAD A1A CROSSING LOCATIONS 10 COORDINATION WITH FDOT 11 RECOMMENDATIONS 11 NEXT STEPS 13 Exhibits EXHIBIT A: FLORIDA STATUTE 316.212 - OPERATION OF GOLF CARTS ON CERTAIN ROADWAYS 14 EXHIBIT B: CITY OF CAPE CANAVERAL CODE OF ORDINANCES - ARTICLE IV. OPERATION OF GOLF CARTS AND LOW -SPEED VEHICLES ON ROADS 18 EXHIBIT C: CITY OF CAPE CANAVERAL GOLF CART STUDY PROPOSED GOLF CART NETWORK AND CONNECTIONS 25 EXHIBIT D: CITY OF CAPE CANAVERAL GOLF CART STUDY FUNCTIONAL CLASSIFICATIONS MAP 27 EXHIBIT E: CITY OF CAPE CANAVERAL GOLF CART STUDY AADT COUNTS MAP 29 EXHIBIT F: CITY OF CAPE CANAVERAL GOLF CART STUDY SPEED LIMITS MAP 31 EXHIBIT G: CITY OF CAPE CANAVERAL GOLF CART STUDY RECOMMENDATIONS MAP 33 EXHIBIT H: CITY OF CAPE CANAVERAL GOLF CART STUDY GOLF CART NETWORK MAP 35 Kimley »Horn Page 2 CAPE CANAVERAL GOLF CART STUDY Cape Canaveral, Florida I January 2023 Project Overview The City of Cape Canaveral has adopted an ordinance regarding operation of golf carts and low -speed vehicles on roads within the City (Ordinance 04-2022; Code of Ordinances Section 74-76 through Section 74-84). This memorandum is provided to communicate Florida statutes and regulations on usage of golf carts on public roads, to evaluate which roads are eligible, and to recommend a network of golf -cart friendly roads within the City as well as recommended signage. The evaluation and recommendations within this memorandum will be utilized by City Council to establish a Resolution identifying the roadway network designated for golf cart use within the City limits. EXISTING GOLF CART REGULATIONS Chapter 316 of Florida Statutes provides information regarding exceptions to prohibitions on usage of golf carts on public roads. Portions of the statute address usage on state roads, and other portions address county/city roads. The entire statute (316.212) is attached at the end of this memo as Exhibit A. The statute allows municipalities to designate roadways for use by golf carts. The determination must consider the speed, volume, and character of motor vehicle traffic on the roadway. The municipality must also post appropriate signage indicating that golf cart operation is allowed. The City has established an ordinance (Ordinance 04-2022) addressing operation of golf carts and low -speed vehicles on roads within the City. The ordinance outlines required equipment, licensure and registrations, and restrictions for golf cart use within the City. The full ordinance is provided as an attachment in Exhibit B, with key points summarized below: • Golf carts may only be operated by a licensed driver • Golf carts must be registered with the City and receive an inspection • Golf carts must contain specific equipment in good working order, as outlined in the ordinance • Golf carts may be operated between sunrise and sunset, unless the golf cart is equipped with additional equipment Golf carts may only be operated on roadways designated by City Council, by resolution, for use by golf carts. Golf cart use shall not be allowed on any state or county roadway, except to cross at designated intersections approved by the state or county having jurisdiction. The ordinance does not authorize golf cart use on private property. Golf carts are prohibited from operating on sidewalks, bicycle paths, swales, or trails. The evaluation and recommendations within this memorandum will be utilized by City Council to establish a roadway network to be allowed for golf cart use by resolution and per the requirements within Ordinance 04-2022. All exhibits mentioned throughout document are also located in the Exhibits section. Kimley»> Horn Page 3 CAPE CANAVERAL GOLF CART STUDY Cape Canaveral, Florida I January 2023 STUDY AREA Roads in Cape Canaveral fall within three categories as defined by the FHWA functional roadway classification system - local, minor collectors, and principal arterials. Functional roadway classification is the process of grouping streets and highways into classes based on the character of service they provide (FDOT). The study area includes what is known as the "Presidential Streets" from Washington Avenue to Grant Avenue. State Road A1A/Astronaut Boulevard separates the east network from the west network which includes W Central Boulevard, Thurm Boulevard, and Center Street. Speed limits vary between 20 mph and 45 mph. Local roads like the "Presidential Streets" have a posted speed limit of 20 mph while posted speeds on State Road A1A transition from 45 mph to 40 mph once approaching the Presidential Streets from the north. According to FDOT's Annual Average Daily Traffic 2019 and 2020 data, the highest volume of traffic is near the intersection of Washington Avenue and N Atlantic Avenue. As expected, higher volumes are along State Road A1A due to its classification as a principal arterial when compared to the local streets. Cape Canaveral Golf Cart Study Area Map The City originally proposed a golf cart network with three connections or crossings for golf carts across State Road A1A as shown in Exhibit C. Each crossing location was considered individually to determine whether it is appropriate and what traffic control devices are needed prior to allowing the crossings. State Road A1A is owned and maintained by FDOT, and any crossings would need to meet FDOT requirements and regulations, which are discussed later in this memorandum. Legend Golf Cart Roadway Network - Proposed Connection ▪ Parks ▪ City Hall * Beach Access * Point of Interest 0 0.25 0.5 Miles N ATLANTIC AV CENTER ST CAPE VIEW ELEMENTARY SCHOOL CHERIE DOWN PARK CANAVERAL CITY PARK CITY OF CAPE CANAVERAL COMMUNITY CENTER VETERANS PARK/LIBRARY CIVIC HUB CITY HALL AND CAPE CENTER WASHINGTON AV JEFFERSON AV MONROE AV HARRISON AV POLK AV FILLMORE AV BUCHANAN AV GRANT AV Atlantic Ocean Exhibit C Kimley>> Horn Source: Google Maps Page 4 CAPE CANAVERAL GOLF CART STUDY Cape Canaveral, Florida I January 2023 The local roadways within the study area serve local traffic only, have low volumes representative of local traffic, and have low posted and operating speeds. The character of traffic on the local roadways consists of primarily residential local traffic, including pedestrians and bicyclists utilizing the roadway. The local roadways in the City do not have designated bicycle lanes. N Cape Canaveral Golf Cart Functional Classification Map Exhibit D illustrates the functional classification of roadways within the study area. N ATLANTIC AV Banana River Legend Principal Arterial Minor Collector - Local - Proposed Connection CENTER ST 0 0.25 0.5 Miles Source: FDOT OAK LN CAROLINE ST WASHINGTON AV JEFFERSON AV MONROE AV HARRISON AV POLK AV FILLMORE AV GRANT AV Atlantic Ocean Exhibit D Kimley>> Horn Page 5 CAPE CANAVERAL GOLF CART STUDY Cape Canaveral, Florida I January 2023 Cape Canaveral Golf Cart AADT Counts Map 0 Legend - Golf Cart Roadway Network - Proposed Connection • AADT 2018 O AADT 2019 • AADT 2020 O AADT 2022 0 0.25 0.5 Miles N N ATLANTIC AV 4,865 OAK LN 3,815 20,062 CANAVERAL BLVD 6,845 E CENTRAL BLVD 6,845 870 500 1,210 880 810 410 CAROLINE ST WASHINGTON AV JEFFERSON AV MONROE AV HARRISON AV POLK AV 2,033 FILLMORE AV BUCHANAN AV 350 2;870 410 160 2,950 GRANT AV Atlantic Ocean Exhibit E Source: FDOT, National Data & Surveying Services Exhibit E illustrates the existing daily traffic volumes on roadways within the study area. Annual Average Daily Traffic (AADT) counts are the mean traffic volumes across all days for a year for locations along a roadways (FHWA). Kimley>> Horn Page 6 CAPE CANAVERAL GOLF CART STUDY Cape Canaveral, Florida I January 2023 N N ATLANTIC AV Cape Canaveral Golf Cart Speed Limits Map Exhibit F illustrates the posted speed limit of the roadways within the study area Legend Speed Limit 20 25 40 45 0 0.25 0.5 OAK LN W + E CENTRAL BLVD CANAVERAL BLVD CENTER ST CANAVERAL BEACH BLVD CAROLINE ST WASHINGTON AV ]EFFERSON AV MONROE AV HARRISON AV POLK AV FILLMORE LN BUCHANAN AV GRANT AV Legend POLK AV Atlantic Ocean Exhibit F Source: FDOT, City of Cape Canaveral Kimley>> Horn Page 7 CAPE CANAVERAL GOLF CART STUDY Cape Canaveral, Florida I January 2023 FIELD VISIT A field visit was conducted on December 9th, 2022. Each roadw driven and assessed for the appropriateness of golf cart travel. The posted speed limit of each roadway was documented. In addition to the Presidential Streets, there are three roadways located west of State Road A1A that were included in the study: Central Boulevard, Thurm Boulevard, and Center Street. All three of these streets were observed to be low -speed, low -volume, primarily residential streets. As is typical with local residential streets, bicyclists and pedestrians were observed sharing the roadway with automobiles. The Presidential Streets area east of State Road A1A is characterized by predominately local residential traffic. There are civic and recreational destinations located within the street network that are frequented by local residents. Any commercial uses in the Presidential Streets are located adjacent to State Road A1A. The streets within the Presidential Streets area were observed to be low -speed, low -volume, and characterized by local traffic. As is typical with local residential streets, bicyclists and pedestrians were observed sharing the roadway with automobiles. North Atlantic Avenue ROADWAYS INCLUDED IN STUDY 1 Presidential Streets 2 Central Boulevard 3 Thurm Boulevard 4 Center Street Ridgewood Avenue has a functional classification of Minor Collector. The volume of traffic on Ridgewood Avenue was higher than that of the Presidential Streets, but still considered relatively low. The character of traffic is predominately for local trips within the Presidential Streets area. The posted speed limit is 25 mph, which is considered to be low speed and within the allowable range for golf cart use. There are sidewalks and multi -use paths along Ridgewood Avenue and multiple pedestrian crossings for access to the beach. Pedestrians and bicyclists were observed using the sidewalks and multi -use path, as well as crossing Ridgewood Avenue. Ridgewood Avenue and Chandler Street Kimley»> Horn Page 8 CAPE CANAVEAL GOLF CART STUDY Cape Canaveral, Florida I January 2023 Central Boulevard has a functional classification of Minor Collector. It is a two- lane divided roadway, with a landscaped median separating the two directions of traffic. The posted speed limit is 25 mph, which is considered to be low speed and within the allowable range for golf cart use. The volume of traffic is higher than the local Presidential Streets, but still considered to be relatively low. The character of traffic is predominately for travel between the local streets and is still considered to be local in nature. Center Street Park North Atlantic Avenue has a functional classification of Minor Collector. It has a higher volume of traffic that is more characterized by local collector travel between destinations. The posted speed limit is 25 mph, which is considered to be low speed and within the allowable range for golf cart use. There are several traffic signals along North Atlantic Avenue. There is a sidewalk and shared -use path along the roadway that is utilized by bicyclists and pedestrians. One golf cart was observed on North Atlantic Avenue during the field review. Ridgewood Avenue Oak Lane is currently an unpaved dirt roadway that is not appropriate for golf cart use in its current condition. The City has plans to pave Oak Lane and the roadway could be reconsidered for golf cart use at the time of this improvement. Kimley>> Horn Page 9 CAPE CANAVERAL GOLF CART STUDY Cape Canaveral, Florida I January 2023 STATE ROAD MA CROSSING LOCATIONS State Road A1A is owned and maintained by FDOT. The FDOT Traffic Engineering Manual, Section 5.1, outlines criteria and guidelines for authorizing golf carts on or crossing the State Highway System. The following locations were evaluated to determine feasibility for a proposed golf cart crossing based on FDOT criteria. Each of the crossings is at a signalized intersection. W Central Boulevard and State Road A1A North Atlantic Avenue Center Street and State Road A1A and State Road A1A Per the FDOT Traffic Engineering Manual, for golf carts crossing at signalized intersections, they must meet specific criteria: Side street maximum vehicular volume 1,500 ADT and AM/PM Peak Hour not to exceed 200 vehicles per hour single directions. Side street posted speed limit or 85th percentile intersection approach speed is 35 miles per hour or less. Maximum crossing distance equal to five (5) lanes or less not including any right turn lanes, bike lanes, and sidewalks. Side street approaches should have a least one (1) exclusive left turn lane and at least one (1) exclusive through or shared through -right turn lane. Other lane approach configurations will be considered on case -by -case basis. Side street intersection alignment shall be a 90 degrees (not more than 105 degrees) angle to the mainline tangent. Skewed or offset intersections are not recommended for golf cart crossings. Golf carts shall not use pedestrian crosswalks or sidewalk ramps for the purpose of crossing the mainline state road. Golf cart crossings are not permitted at "T" intersections. For existing signalized "T" intersections, a proposed forth leg approach and receiving lane for the exclusive use of golf cart crossing shall not be permitted. Approach traffic control signs and pavement markings shall be in accordance with MUTCD and Department's Standard Plans, Index No. 711-001. Golf Cart signs (W11-11) should be placed on the side street approach. Kimley>»Horn Page 10 CAPE CANAVERAL GOLF CART STUDY Cape Canaveral, Florida I January 2023 The traffic volumes on Central Boulevard exceed those specified within the FDOT criteria, and therefore would not meet the requirements for allowing a golf cart crossing at State Road A1A. The other FDOT criteria are met for a crossing at this location. The intersection of North Atlantic Avenue at State Road A1A is currently a T-intersection, and therefore would not meet the requirements for allowing a golf cart crossing. FDOT has discussed a re -alignment of the roadway on the west side of State Road A1A to create a full 4-way intersection in the future. The traffic volumes on North Atlantic Avenue exceed those specified within the FDOT criteria, so it is not expected that golf cart crossing would be allowed at this location even if the intersection were improved to a 4-way intersection. The other FDOT criteria are met for a crossing at this location. The intersection of Center Street at State Road Al A has an offset that is not recommended for a golf cart crossing. COORDINATION WITH FDOT Although it was determined that none of the proposed golf cart connections across State Road A1A meet the FDOT guidelines, a coordination meeting was held on January 10, 2023 to discuss the feasibility of golf cart crossings in the future and provide input on the golf cart study for future consideration of projects by FDOT along State Road A1A. RECOMMENDATIONS Additionally, it is recommended that the City update its ordinance to document which roads are part of the golf cart network (and conversely which roads are not). The three proposed connections across State Road A1A do not meet FDOT guidelines for a golf cart crossing for the following reasons for each connection displayed in Exhibit G. W Central Boulevard and State Road A1A • Side street maximum vehicular volume exceeds 1,500 ADT North Atlantic Avenue and State Road A1A • Side street maximum vehicular volume exceeds 1,500 ADT • Golf cart crossings are not permitted at "T" intersections • For existing signalized "T" intersections, a proposed forth leg approach and receiving lane for the exclusive use of golf cart crossing shall not be permitted Center Street and State Road A1A • Side street maximum vehicular volume exceeds 1,500 ADT • Golf cart crossings are not recommended at offset intersections Kimley»> Horn Page 11 CAPE CANAVERAL GOLF CART STUDY Cape Canaveral, Florida I January 2023 N ATLANTIC AV Cape Canaveral Golf Cart Recommendations Map It is recommended golf carts be allowed on all proposed golf cart network roadways except on Center Street, which golf carts can be permitted but not recommended due to limited connectivity, not recommended on Oak Lane as it is currently a dirt road, and not recommended on the north end of N Atlantic Avenue due to the change in context. A map of the recommended golf cart network is displayed in Exhibit G. SHARE THE ROAD NO CARTS BEYOND THIS POINT Banana River Legend Recommendations for Golf Cart Network Golf Carts Allowed Golf Cans Allowed but Not Recommended Golf Carts Not Allowed Sign Locations o Golf Carts share the Road 0 No Golf Carts Beyond This Point 0 0.25 0.5 Miles Source: City of Cape Canaveral CENTER ST OAK LN N WASHINGTON AV JEFFERSON AV 0 0 0 0 0 00 MONROE AV HARRISON AV 0 POLK AV 0 FILLMORE AV BUCHANAN AV 0 GRANT AV Atlantic Ocean Exhibit G New "SHARE THE ROAD" warning signs (MUTCD sign W11-11 with W16-1 P) are recommended for installation on selected streets within the allowable roadway network. The signs are intended to notify motorists on these main roadways that golf carts share the travel lane. The total number of new "SHARE THE ROAD" signs recommended to be installed on these roadways is 21 signs. New "NO CARTS BEYOND THIS POINT" signs shall be installed to mark locations where golf carts are no longer allowed within the roadway. The signs shall be posted on approach to all intersections with roadways identified to not be suitable for golf cart traffic, as illustrated in Exhibit G. Golf carts shall not be allowed to cross or enter State Road Al A without FDOT approval. Roadways that are designated for golf cart use that intersect State Road Al A shall have signs designating "NO CARTS BEYOND THIS POINT," and should be placed away from the intersection of State Road Al A at a location that will allow for golf carts to use a driveway or local roadway designated appropriate for golf cart use to turn around, prior to reaching the state roadway. The total number of "NO CARTS BEYOND THIS POINT" signs recommended within the study area is 22 signs. The signs would have to be installed as standalone signs with new posts. Exhibit G illustrates the recommended road network for golf cart use and recommended sign installation. Kimley>>>Horn Page 12 CAPE CANAVERAL GOLF CART STUDY Cape Canaveral, Florida I January 2023 NEXT STEPS N ATLANTIC AV Recommended Cape Canaveral Golf Cart Map The City will need to adopt a resolution with a map of the proposed Golf Cart Network as shown in Exhibit H. The City will need to establish a registration and inspection protocol for golf carts to be able to travel within the City designated streets, per Ordinance 04-2022. The City should install signage as recommended to notify drivers that golf carts share certain roadways and provide signage restricting golf cart use and crossing of roadways not intended for golf cart travel. The City should continue to coordinate with the Brevard County Sherriff's Office on enforcement of the Ordinance and Resolution once adopted. Banana River Legend Golf Carts Allowed 0 0.25 0.5 Miles Source: City of Cape Canaveral N N ATLANTIC AV OAK LN CENTER ST WASHINGTON AV JEFFERSON AV MONROE AV HARRISON AV POLK AV FILLMORE AV BUCHANAN AV Atlantic Ocean GRANT A Exhibit H A communication plan should be established to ensure that residents are aware of the network and to provide proper regulation, expectations, and notification of the requirements for golf cart operation within designated City streets. Specific communication plans for owners of vacation rentals should be developed to ensure that renters are aware of the Ordinance and regulations regarding golf cart use on City designated streets. The City should assess registration procedures, communication methods, and enforcement on a regular basis to identify any changes that need to occur. Kimley>> Horn Page 13 EXHIBIT A Florida Statute 316.212 - Operation of Golf Carts on Certain Roadways 316.212 Operation of golf carts on certain roadways. —The operation of a golf cart upon the public roads or streets of this state is prohibited except as provided herein: (1) A golf cart may be operated only upon a county road that has been designated by a county, a municipal street that has been designated by a municipality, or a two-lane county road located within the jurisdiction of a municipality designated by that municipality, for use by golf carts. Prior to making such a designation, the responsible local governmental entity must first determine that golf carts may safely travel on or cross the public road or street, considering factors including the speed, volume, and character of motor vehicle traffic using the road or street. Upon a determination that golf carts may be safely operated on a designated road or street, the responsible governmental entity shall post appropriate signs to indicate that such operation is allowed. (2) A golf cart may be operated on a part of the State Highway System only under the following conditions: (a) To cross a portion of the State Highway System which intersects a county road or municipal street that has been designated for use by golf carts if the Department of Transportation has reviewed and approved the location and design of the crossing and any traffic control devices needed for safety purposes. (b) To cross, at midblock, a part of the State Highway System where a golf course is constructed on both sides of the highway if the Department of Transportation has reviewed and approved the location and design of the crossing and any traffic control devices needed for safety purposes. (c) A golf cart may be operated on a state road that has been designated for transfer to a local government unit pursuant to s. 335.0415 if the Department of Transportation determines that the operation of a golf cart within the right-of-way of the road will not impede the safe and efficient flow of motor vehicular traffic. The department may authorize the operation of golf carts on such a road if: 1. The road is the only available public road along which golf carts may travel or cross or the road provides the safest travel route among alternative routes available; and 2. The speed, volume, and character of motor vehicular traffic using the road is considered in making such a determination. Upon its determination that golf carts may be operated on a given road, the department shall post appropriate signs on the road to indicate that such operation is allowed. (3) Notwithstanding any other provision of this section, a golf cart may be operated for the purpose of crossing a street or highway where a single mobile home park is located on both sides of the street or highway and is divided by that street or highway, provided that the governmental entity having original jurisdiction over such street or highway shall review and approve the location of the crossing and require implementation of any traffic controls needed for safety purposes. This subsection shall apply only to residents or guests of the mobile home park. If notice is posted at the entrance and exit of any mobile home park where residents of the park operate golf carts or electric vehicles within the confines of the park, it is not necessary for the park to have a gate or other device at the entrance and exit in order for such golf carts or electric vehicles to be lawfully operated in the park. (4) Notwithstanding any other provision of this section, if authorized by the Division of Recreation and Parks of the Department of Environmental Protection, a golf cart may be operated on a road that is part of the State Park Road System if the posted speed limit is 35 miles per hour or less. (5) A golf cart may be operated only during the hours between sunrise and sunset, unless the responsible governmental entity has determined that a golf cart may be operated during the hours between sunset and sunrise and the golf cart is equipped with headlights, brake lights, turn signals, and a windshield. (6) A golf cart must be equipped with efficient brakes, reliable steering apparatus, safe tires, a rearview mirror, and red reflectorized warning devices in both the front and rear. (7) A golf cart may not be operated on public roads or streets by any person under the age of 14. (8) A local governmental entity may enact an ordinance relating to: (a) Golf cart operation and equipment which is more restrictive than those enumerated in this section. Upon enactment of such ordinance, the local governmental entity shall post appropriate signs or otherwise inform the residents that such an ordinance exists and that it will be enforced within the local government's jurisdictional territory. An ordinance referred to in this section must apply only to an unlicensed driver. (b) Golf cart operation on sidewalks adjacent to specific segments of municipal streets, county roads, or state highways within the jurisdictional territory of the local governmental entity if: 1. The local governmental entity determines, after considering the condition and current use of the sidewalks, the character of the surrounding community, and the locations of authorized golf cart crossings, that golf carts, bicycles, and pedestrians may safely share the sidewalk; 2. The local governmental entity consults with the Department of Transportation before adopting the ordinance; 3. The ordinance restricts golf carts to a maximum speed of 15 miles per hour and permits such use on sidewalks adjacent to state highways only if the sidewalks are at least 8 feet wide; 4. The ordinance requires the golf carts to meet the equipment requirements in subsection (6). However, the ordinance may require additional equipment, including horns or other warning devices required by s. 316.271; and 5. The local governmental entity posts appropriate signs or otherwise informs residents that the ordinance exists and applies to such sidewalks. (9) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as a moving violation for infractions of subsections (1)-(5) or a local ordinance corresponding thereto and enacted pursuant to subsection (8), or punishable pursuant to chapter 318 as a nonmoving violation for infractions of subsection (6), subsection (7), or a local ordinance corresponding thereto and enacted pursuant to subsection (8). History.—s. 2, ch. 83-188; s. 1, ch. 84-111; s. 2, ch. 88-253; s. 322, ch. 95-148; s. 4, ch. 96-413; s. 168, ch. 99-248; s. 7, ch. 2000-313; s. 6, ch. 2005-164; s. 3, ch. 2008-98; s. 46, ch. 2010-223; s. 2, ch. 2015-163. EXHIBIT B City of Cape Canaveral Code of Ordinances - Article IV. Operation of Golf Carts and Low -Speed Vehicles on Roads City of Cape Canaveral Code of Ordinances Chapter 74 — TRAFFIC AND VEHICLES ARTICLE IV. OPERATION OF GOLF CARTS AND LOW -SPEED VEHICLES ON ROADS Sec. 74-76. Intent; definitions. (a) The city council recognizes that "golf carts" and "low -speed vehicles" are each distinctly defined and their operation on roads and streets are regulated differently under Florida law. Accordingly, pursuant to F.S. § 316.212, it is the intent of the city council to allow and authorize the operation of golf carts only under certain requirements and conditions provided the city council, by resolution, specifically designates a city road and street for use by golf carts. It is also the intent of this article to recognize that low -speed vehicles are allowed on city streets and roads as permitted by F.S. § 316.2122, unless otherwise prohibited by the city council, by resolution, upon a determination that such prohibition is necessary in the interest of safety. (b) For purposes of this article, the following words and phrases shall have the following ascribed meaning: (i) "Golf cart" shall be as defined in F.S. § 320.01(22), and means a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour. (ii) "Designated roadways" means those roads identified by the city council, by resolution, as being safe for operation of golf carts considering factors including speed, volume, and character of motor vehicle traffic using said road in accordance with all requirements for operation set forth in this article. (iii) "Driver's license" means a valid license issued to operate a motor vehicle issued by the State of Florida or any other state. (iv) "Inspection" shall mean a safety evaluation of each registered golf cart for purposes of confirming that the golf cart meets the minimum requirements of this article performed by the by the city department or sheriff's office as designated by the city manager. (v) "Low -speed vehicle" means any four -wheeled vehicle whose top speed is greater than 20 miles per hour but not greater than 25 miles per hour, including, but not limited to, neighborhood electric vehicles. Low -speed vehicles must comply with the safety standards in 49 C.F.R. s. 571.500 and F.S. § 316.2122. For purposes of this article, "golf carts" as defined in F.S. § 320.01(22) or "speed modified golf carts" shall not be considered "low -speed vehicles" and shall be subject to the specific rules and regulations governing golf carts adopted under this article. ( Ord. No. 04-2022 , § 2, 8-16-22) Sec. 74-77. Use of golf carts on designated roadways. (a) It shall be unlawful for a person to operate a golf cart on any road or street within the City of Cape Canaveral jurisdictional limits except upon designated roadways expressly authorized by the city council. It shall also be unlawful to operate a golf cart in violation of any provision set forth in this article. (b) The city council may, by resolution, designate a city street or road suitable and safe for golf cart use after considering factors including speed, volume, and character of motor vehicle traffic using said street or road in accordance with all requirements for operation set forth in this article. (c) Upon designation by the city council, by resolution, golf carts may be operated on such designated roadway within the city limits of the City of Cape Canaveral where the roadway is posted by the city with appropriate signage to indicate that such operation is allowed. (d) Golf cart use may only be authorized on roadways with a posted speed limit of 30 miles per hour or less. Golf carts shall not be operated on any roadway where the designated speed limit is greater than 30 miles per hour. (e) Golf cart use shall not be allowed on any state or county roadway, except to cross at designated intersections approved by the state or county with jurisdiction over the roadway in accordance with applicable law for the purpose of immediately reaching the next designated roadway. If a crossing is designated on any state or county road or street, it shall be unlawful for a golf cart to cross the state or county road at any other location. (f) This article does not authorize the use of golf carts on private property. Golf carts shall not be operated on private property unless authorized by the property owner. (g) Golf carts shall not be operated on sidewalks, bicycle paths, swales, or trails. ( Ord. No. 04-2022 , § 2, 8-16-22) Sec. 74-78. Licensed use; revocable; claims prohibited and waived. (a) The operation of a golf cart on a roadway designated by the city or a low -speed vehicle on a road not prohibited by the city shall be deemed to be a license to use those roadways and such license shall be revocable by the city council in its legislative capacity based upon its consideration of the public health, safety and welfare of the public arising from such use. (b) The authorization to use golf carts on any designated roadway shall not limit or otherwise prohibit the city council from amending or repealing of this article or any resolution adopted in furtherance thereof; contracting or expanding the number of designated roadways on which golf carts can be operated; or designating the crossing points for state or county roads, as may be approved by the state or county. Further, the lack of a prohibition to use low -speed vehicles on roadways shall not prohibit the same by city council relative to low -speed vehicles. All persons operating golf carts or low -speed vehicles on city streets or roads, whether designated or prohibited roadways or not, do so on the condition that there shall be no claim for monetary loss or other claim for the loss of allowed golf cart or low - speed vehicle operation on such streets or roads or any monetary claim therefore based on a claim for action in reliance on the provisions of this article. The city council retains the unlimited legal authority to revoke, amend or to otherwise legislate as to the operation of golf carts or low -speed vehicles on streets without liability of any kind arising from its legislative decisions. (c) Any person operating a golf cart or low -speed vehicle enjoying a license hereunder for such purpose and all persons who are passengers in such golf cart or low - speed vehicle shall be deemed to have waived any claim against the city for its legislative decision to allow the operation of such golf carts on designated city streets or low -speed vehicles on streets in compliance with this article, and this article is declared by the city council to be a legislative act of the city pursuant to the authority granted by Florida Statutes. (d) Any person operating a golf cart or low -speed vehicle on any road or street within the City of Cape Canaveral does so at their own risk and must operate such a vehicle with due regard for the safety and convenience of other motor vehicles, bicyclist(s) and pedestrians. The city, in extending operating privileges to golf carts or low -speed vehicles, does so on the express condition that the operator undertakes such operation at their own risk and assumes sole responsibility for operating said vehicle, and shall be deemed to defend, release, indemnify and hold harmless the City of Cape Canaveral, its officials, attorneys and employees from any and all claims, demands, damages, or causes of action, known or unknown, of any nature arising from such operation by any person against the City of Cape Canaveral and its officials, attorneys and employees. ( Ord. No. 04-2022 , § 2, 8-16-22) Sec. 74-79. Restrictions. Golf carts operating on designated roadways shall be subject to the following restrictions: (a) Hours of operation. Golf carts may be operated on designated roadways only during the hours between sunrise and sunset. However, the operation of golf carts on designated roadways between sunset and sunrise is allowed as long as the golf carts operating during this time are equipped with headlights, brake lights, turn signals, and a windshield in addition to the other equipment required under section 74-80. Such lights must be on when the golf cart is operating on streets and roads between sunset and sunrise. (b) Licensed driver. Golf carts operating on designated roadways must be operated by a person who is at least 16 years of age, and who possesses a valid driver's license. Persons who possess a valid learner's permit may operate a golf cart on designated roadways when accompanied by a licensed driver of at least 18 years of age. No person may operate a golf cart on city streets and roads who has a suspended driver's license or whose driver's license has been revoked. (c) Maximum speed. Golf carts operating on designated roadways shall not exceed 20 miles per hour. (d) Compliance with traffic laws. Golf carts shall be operated in accordance with all applicable local and state traffic regulations. Golf carts shall not be operated at such a slow speed as to impede, obstruct or block the normal or reasonable movement of traffic, except when reduced speed is necessary for safe operation or compliance with law. Golf carts shall stay to the far right of any designated roadway, and shall yield the right-of-way to overtaking drivers. (e) Parking. Golf carts shall comply with all applicable parking regulations in the same manner as any other motor vehicle. (f) Occupants. The number of occupants in a golf cart operated on designated roadways shall be limited to the number of seats on the golf cart provided by the golf cart manufacturer. No occupants of a golf cart shall stand at any time while the golf cart is in motion. (g) Alcohol. All state regulations governing the use and possession of alcoholic beverages while operating a motor vehicle shall apply to the operation of golf carts on designated roadways. ( Ord. No. 04-2022 , § 2, 8-16-22) Sec. 74-80. Required minimum equipment. All golf carts operated on designated roadways shall maintain the following minimum equipment in good working order: (a) Efficient brakes; (b) Reliable steering apparatus; (c) Safe tires; (d) Rearview mirrors; (e) Red reflectorized warning devices, both in the front and the rear; (f) Headlights if operated between sunset and sunrise; (g) Brake lights if operated between sunset and sunrise; (h) Turn signal if operated between sunset and sunrise; and (i) Horn meeting the standards of F.S. § 316.271. ( Ord. No. 04-2022 , § 2, 8-16-22) Sec. 74-81. Inspection and registration of golf carts required. All golf carts operating on designated roadways in the City of Cape Canaveral shall be registered and inspected in a manner administratively determined by the city manager as follows: (a) Golf carts shall be registered by the owner of the golf cart on a form prescribed by the city. The owner shall pay an annual registration fee established by resolution of the city council, and shall be issued a registration decal which shall be affixed to the back driver's side of the golf cart in a location easily visible to law enforcement. Decals shall be issued annually, and are valid for one year. (b) Prior to issuance of a registration decal, golf cart owners shall be required to provide proof of ownership and liability insurance, a valid driver's license and sign an affidavit of compliance. The insurance and license must remain in full force and effect at all times the golf cart is operated on city streets or roads. (c) At the time of registration, the city shall inspect the golf cart to verify road worthiness and to ensure the required equipment is installed and working properly. (d) Lost or stolen registration decals are the responsibility of the golf cart owner. A police report shall be filed in the event of a lost or stolen decal. The police chief or the police chief's designee shall have the discretion to determine whether a replacement decal may be issued. If no existing registration information is available, the police chief may direct the golf cart owner to reapply and to repay any required fees prior to a replacement decal being issued. (e) No registration is required for golf carts which are not operated on city streets or roads. ( Ord. No. 04-2022 , § 2, 8-16-22) Sec. 74-82. Insurance required. All golf cart owners are required to purchase and maintain liability insurance insuring against personal injury and property damage. Minimum required insurance shall be the same as for motor vehicles registered in the State of Florida for personal use and as designated by Florida Statutes. Proof of insurance must be presented at time of golf cart registration, and must be possessed at all times by the golf cart operator while operating the golf cart on designated roadways. ( Ord. No. 04-2022 , § 2, 8-16-22) Sec. 74-83. Low -speed vehicles. (a) Authorization to operate low -speed vehicles. Low -speed vehicles may be operated within the city limits where the posted speed limit is 35 miles per hour or less. Pursuant to F.S. § 316.2122(1), this does not prohibit a low -speed vehicle from crossing a road or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour. However, the city council may in its legislative discretion, by resolution, prohibit the operation of low -speed vehicles on any city street or road under its jurisdiction if the city council determines that such prohibition is necessary in the interest of safety. (b) Equipment and minimum standards. According to the requirements set forth in F.S. § 316.2122, a low -speed vehicle must be equipped with headlamps, stop lamps, turn signal lamps, tail lamps, reflex reflectors, parking brakes, rearview mirrors, windshields, seat belts and vehicle identification numbers. A low -speed vehicle must be registered and insured in accordance with F.S. § 320.02. Any person operating a low -speed vehicle must have in his or her possession a valid driver's license. (c) Hours of operation. Low -speed vehicles may be operated at any time. (d) Compliance with traffic laws. Low -speed vehicles shall comply with all local and state traffic laws, and may be ticketed for traffic violations in the same manner as motor vehicles. ( Ord. No. 04-2022 , § 2, 8-16-22) Sec. 74-84. Enforcement. A violation of this article shall constitute a non -criminal infraction enforceable pursuant to the provisions of F.S. § 316.212(9), and city ordinances by a law enforcement officer or city code enforcement officer as such officer's legal authority and jurisdiction allows. In addition, other avenues for the enforcement of violations of this article may be enforced by city code enforcement officers as a code violation pursuant to chapter 2, Article VI, Code Enforcement of the City Code. The Uniform Traffic Citations shall only be used for violations that are also violations of the Florida Uniform Traffic Control Law. ( Ord. No. 04-2022 , § 2, 8-16-22) EXHIBIT C City of Cape Canaveral Golf Cart Study Proposed Golf Cart Network and Connections Cape Canaveral Golf Cart Study Area Map BANANA RIVER PARK MANATEE SANCTUARY PARK Banana River Legend Golf Cart Roadway Network - Proposed Connection ▪ Parks ▪ City Hall * Beach Access * Point of Interest 0 0.25 0.5 Miles N ATLANTIC AV OAK LN CENTER ST CENTRAL BLVD CANAVERAL BLVD CANAVERAL CITY PARK CITY OF CAPE CANAVERAL COMMUNITY CENTER VETERANS PARK / LIBRARY CIVIC HUB CITY HALL AND CAPE CENTER CAPEVIEW ELEMENTARY SCHOOL CHERIE DOWN PARK WASHINGTON AV JEFFERSON AV MONROE AV HARRISON AV POLK AV FILLMORE AV BUCHANAN AV GRANT AV Atlantic Ocean Source: Google Maps EXHIBIT D City of Cape Canaveral Golf Cart Study Functional Classifications Map N ATLANTIC AV Cape Canaveral Golf Cart Functional Classification Map Banana River Legend Principal Arterial Minor Collector - Local - Proposed Connection 0 0.25 0.5 Miles OAK LN E CENTRAL BLVD CANAVERAL BLVD CENTER ST CAROLINE ST WASHINGTON AV JEFFERSON AV MONROE AV HARRISON AV POLK AV FILLMORE AV BUCHANAN AV GRANT AV Atlantic Ocean 0 Source: FDOT EXHIBIT E City of Cape Canaveral Golf Cart Study AADT Counts Map Cape Canaveral Golf Cart AADT Counts Map Banana River Legend Golf Cart Roadway Network Proposed Connection O AADT 2018 O AADT 2019 O AADT 2020 O AADT 2022 0 0.25 0.5 Miles N N ATLANTIC AV 4,865 OAK LN 3,815 20,062 7,415 25,165 CENTER ST 7,415 25,165 656 CENTER ST E CENTRAL BLVD 6.845 CANAVERAL BLVD 870 CAROLINE ST WASHINGTON AV 500 1,210 800 810 410 JEFFERSON AV MONROE AV HARRISON AV 320 POLK AV 350 2,033 FILLMORE AV BUCHANAN AV 2,870 410 160 2,950 GRANT AV Atlantic Ocean Source: FDOT, National Data & Surveying Services EXHIBIT F City of Cape Canaveral Golf Cart Study Speed Limits Map Cape Canaveral Golf Cart Speed Limits Map Banana River Legend Speed Limit 20 25 40 45 0 0.25 0.5 Miles N N ATLANTIC AV OAK LN CANAVERAL BLVD CENTER ST CAROLINE ST WASHINGTON AV JEFFERSON AV MONROE AV HARRISON AV POLK AV FILLMORE AV BUCHANAN AV GRANT AV Atlantic Ocean Source: FDOT, City of Cape Canaveral EXHIBIT G City of Cape Canaveral Golf Cart Study Recommendations Map N N ATLANTIC AV Cape Canaveral Golf Cart Recommendations Map Banana River Legend Recommendations for Golf Cart Network Golf Carts Allowed Golf Carts Allowed but Not Recommended Golf Carts Not Allowed Sign Locations O Golf Carts Share the Road O No Golf Carts Beyond This Point 0 0.25 0.5 Miles OAK LN 0 O O W CENTRAL BLVD CANAVERAL BLVD 0 CENTER ST 0 CAROLINE ST WASHINGTON AV JEFFERSON AV 0 0 MONROE AV HARRISON AV 0 0 0 0 POLK AV 0 0 0 FILLMORE AV BUCHANAN AV 0 GRANT AV Atlantic Ocean 0 Source: City of Cape Canaveral EXHIBIT H City of Cape Canaveral Golf Cart Study Golf Cart Network Map N N ATLANTIC AV Recommended Cape Canaveral Golf Cart Map Banana River Legend Golf Carts Allowed 0 0.25 0.5 Miles OAK LN CENTER ST W CENTRAL BLVD CANAVERAL BLVD CAROLINE ST WASHINGTON AV JEFFERSON AV MONROE AV HARRISON AV POLK AV FILLMORE AV BUCHANAN AV GRANT AV Atlantic Ocean Source: City of Cape Canaveral CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • FEBRUARY 21, 2023 AGENDA ITEM SUMMARY • ITEM # 5 Subject: Approve ranking of civil engineers/firms by the City's Selection Committee for the position of City Engineer. Department: Capital Projects Summary: In accordance with the requirements of the Consultants Competitive Negotiations Act (CCNA), the City advertised for qualified civil engineers/firms to submit Statement of Qualifications (SOQs) for the position of City Engineer. The Request for Qualifications (RFQs) was advertised on September 22, 2022 on the City's webpage and in the Florida Today newspaper. Services requested in the RFQ were (1) civil engineering, environmental and surveying, (2) planning and (3) architectural. Four firms submitted SOQs for the position which were opened on October 28, 2022. The four firms included: • Allen Engineering, Inc.; • Atkins North America, Inc.; • Kimley-Horn & Associates; and • Morgan & Associates Consulting Engineers, Inc. To properly evaluate the SOQs, five City Staff were selected to independently review and rank the four submittals. The Selection Committee included Staff from three Departments (Community and Economic Development, Capital Projects and Public Works Services). Qualifications were evaluated in compliance with CCNA requirements, the City Purchasing Policy and specific criteria as follows: • Compliance with RFQ instructions (5 points); • Technical expertise (20 points); • Quality control (10 points); • Credentials (15 points); • Related experience (25 points); • Location and local knowledge/experience (10 points); • Project references (15 points); and • Work previously awarded by the City (0 to 2 points). All four firms submitted excellent SOQs which made the evaluations very difficult. Evaluation results (and point totals) from the Selection Committee are as follows: • Kimley-Horn & Associates — 97.2 points; • Atkins North America, Inc. — 92.6 points; • Morgan & Associates Consulting Engineers, Inc. — 92.6 points; and • Allen Engineering, Inc. — 92.5 points. Results of the five Staff reviews were summarized and presented at a Public Meeting held in the City Hall Council Chambers on January 26, 2023. An SOQ Review Sheet summarizing the evaluation results is attached. Negotiating Tasks: If the rankings are approved by City Council, price and contract negotiations with Kimley-Horn & Associates will be negotiated by the City Manager and City Attorney. As stated in the RFQ, the Selection Committee will not be involved in negotiating or recommending a contract. If negotiations concerning fees (fee schedule, travel costs, etc.) with Kimley-Horn & Associates are unsuccessful, negotiations will be initiated with the second ranked firm. This process City of Cape Canaveral City Council Meeting • February 21, 2023 Agenda Item # 5 Page 2 of 2 will continue, if needed, until a successful negotiation is reached with one of the four firms. If negotiations are unsuccessful with all four firms, the City will re -advertise the RFQ. Submitting Department Director: Jeff Ratliff Attachment: SOQ Review Sheet Financial Impact: Financial Impact will be determined once price and contract negotiations are completed. 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 actions: Approve rankings of civil engineers/firms by the City's Selection Committee for the position of City Engineer. Approved by City Manager: Todd Morley City of Cape Canaveral SOQ Review Sheet-City Engineer Position - RFQ 2022-01 Review Criteria Location/Local Complainace Technical Expertise Quality Control Staff Credentials Related Experience Knowledge Project References CC Work Awarded Total Points w/Instructions Maximum 5.0 20.0 10.0 15.0 25.0 10.0 15.0 2.0 102.0 Points Available Kimley-Horn & 5.0 19.7 9.6 14.6 24.5 9.2 14.6 0.0 97.2 Associates Morgan & 4.6 17.6 9.3 13.2 23.1 9.0 13.8 2.0 92.6 Associates Atkins Global 4.8 18.8 9.5 13.9 23.4 8.9 11.3 2.0 92.6 Allen Engineering 4.9 18.3 9.5 13.5 23.5 7.9 13.9 1.0 92.5 Page 1 of 1 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • FEBRUARY 21, 2023 AGENDA ITEM SUMMARY • ITEM # 6 Subject: Authorize the City Manager to execute Letter of Agreement with Jason Steele to serve as the City of Cape Canaveral's Legislative Representative. Department: Mayor Morrison and the City Manager's Office Summary: After several years serving as the City's Legislative Representative in Tallahassee, Jerry Samson notified the City Manager that he would be retiring last year. Accordingly, the City's Agreement for Legislative Services with Mr. Sansom terminated on September 30, 2022. The annual rate was $12,000. The purpose of engaging the services of a State Legislative Representative is to provide nonexclusive representation on behalf of the City of Cape Canaveral before the Governor, Cabinet, Legislature, Florida's various Executive agencies, and other governmental agencies. In December of 2022, Mayor Morrison requested that I meet with him and Mr. Jason Steele, non - attorney Director of Government Relations for the law firm of Smith & Associates in Melbourne, FL, in order to discuss credentials and potential engagement in this capacity. We met on January 5, 2023. Both the Mayor and I are satisfied with Mr. Steele's credentials and his ability to serve as the City's State Legislative Representative. The new rate would be $18,000 annually. At the City Manager's request, the City Attorney drafted a Letter of Agreement for City Council consideration (Attached). Scope of Services: The Legislative Representative shall use his professional experience and understanding of the City's needs and concerns to routinely monitor and inform the City of State issues and initiatives that may have a potential impact on the City and its citizens and businesses. Further, Services shall also be requested by the City on an as -needed basis. All Services shall be prosecuted regularly, diligently, completely, and within the time specified by the City or necessary based on a specific initiative. Such services may include, but are not limited to: 1. Identify, review, monitor and analyze proposed and emerging State policies, programs, and legislation in connection with the City's interests. 2. Review the legislative policy statements adopted by the Florida League of Cities and the policy statements of other local government lobbying groups for identifying issues, which either may positively or negatively affect the City. 3. Assist the City Council and City Staff in coordinating and developing the City's legislative program. These issues may include public safety, law enforcement, business attraction and retention, infrastructure improvements, transportation, environmental, affordable housing, economic development, utilities, revenue enhancement, annexation, mandates, and other municipal issues affecting the City. 4. Monitor State legislative committee meetings, state agency hearings and meetings prior to or during the legislative session at which specific issues within the City's adopted legislative program are considered or which may significantly affect the City's interests. City of Cape Canaveral City Council Meeting • February 21, 2023 Agenda Item # 6 Page 2 of 2 5. Work with the City Council, City Attorney, and City Staff in developing special or general legislation in keeping with, or supportive of, the City's adopted legislative program. 6. Develop and evaluate strategy for the support, opposition, or amendment of pending legislation. 7. Appear and testify at State agency hearings, rulemaking proceedings and other administrative or legislative meetings in order to promote oppose or seek passage of legislation, policies, or rules affecting the City or its citizens. 8. Coordinate appointments/meetings between the City Council, City Attorney, or other City Staff and appropriate State officials and legislators. 9. Provide periodic briefings, reports (oral and/or written), and information bulletins pertinent to any State legislation, policies, rules or regulations that affect the City. 10. Prepare periodic written reports that summarize the status of the City's legislative program and priorities. 11. Assist the City in coordinating applications and obtaining State permits and grants, as requested by the City in writing. 12. Represent the City before the Brevard County Legislative Delegation and its members regarding the City's legislative program. 13. Upon request of the City, or as deemed necessary by the Legislative Representative would attend City Council meetings and meetings with the City Attorney and City Staff regarding any of the aforesaid. Submitting Department Director: Todd Morley Attachment: Letter of Agreement Financial Impact: $18,000 annually for Legislative and Executive Representation funded by the General and Enterprise Funds. 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: Authorize the City Manager to execute the Letter of Agreement for Legislative and Executive Representation. Approved by City Manager: Todd Morley CITY OF PO. Box 326 • 100 Polk Avenue • Cape Canaveral, FL 32920-0326 (321) 868-1220 if www.otyofcapecanaveral.org CITY OF CAPE CANAVERAL February , 2023 Mr. Jason Steele SMITH & ASSOCIATES Post Office Box 6153 Tallahassee, FL 32314 Letter of Agreement for Legislative and Executive Representation Dear Mr. Steele: This letter is to serve as a letter of agreement to retain consulting and government relations services of Jason Steele, a non -attorney Director of Government Relations for the firm of Smith & Associates (referred to as "Smith") to provide nonexclusive Legislative and Executive representation for the City of Cape Canaveral (referred to as the "City"). More specifically, this is to engage the services of Mr. Steele to provide legislative consulting services to include representation on behalf of the City of Cape Canaveral before the Governor, Cabinet, Legislature, Florida's various Executive agencies, and other governmental agencies. This is not a legal services agreement. Said services shall be provided under the following terms and conditions: A. Scope of Services: Jason Steele of Smith shall use his professional experience and understanding of the City's needs and concerns to routinely monitor and inform the City of State issues and initiatives that may have a potential impact on the City and its citizens and businesses. Further, Services shall also be requested by the City on an as -needed basis. If Jason Steele is no longer employed by Smith, or not available to provide the Services identified hereunder, Smith or Jason Steele shall promptly notify the City in writing. All Services performed by Smith shall be prosecuted regularly, diligently, completely, and within the time specified by the City or necessary based on a specific initiative. Such services may include, but are not limited to: 1. Identify, review, monitor and analyze proposed and emerging State policies, programs, and legislation in connection with the City's interests. 1 CITY OF CAPE CANAVERAL/JASON STEELE — LETTER OF AGREEMENT 2. Review the legislative policy statements adopted by the Florida League of Cities and the policy statements of other local government lobbying groups for the purpose of identifying issues which may either positively or negatively affect the City. 3. Assist the City Council and City staff in coordinating and developing the City's legislative program. These issues may include: public safety, law enforcement, business attraction and retention, infrastructure improvements, transportation, environmental, affordable housing, economic development, utilities, revenue enhancement, annexation, mandates, and other municipal issues affecting the City. 4. Monitor State legislative committee meetings, state agency hearings and meetings prior to or during the legislative session at which specific issues within the City's adopted legislative program are considered or which may significantly affect the City's interest. 5. Work with the City Council, City Attorney, and City staff in developing special or general legislation in keeping with, or supportive of, the City's adopted legislative program. 6. Develop and evaluate strategy for the support, opposition, or amendment of pending legislation. 7. Appear and testify at State agency hearings, rule making proceedings and other administrative or legislative meetings in order to promote, oppose or seek passage of legislation, policies, or rules affecting the City or its citizens. 8. Coordinate appointments/meetings between the City Council, City Attorney, or other City staff and appropriate State officials and legislators. 9. Prepare briefings, reports (oral and written), and information bulletins pertinent to any State legislation, policies, rules or regulations that affect the City. 10. Prepare periodic written reports that summarize the status of the City's legislative program and priorities. 11. grants. Assist the City in coordinating applications and obtaining State permits and 12. Represent the City before the Brevard County Legislative Delegation and its members regarding the City's legislative program. 13. Upon request of the City, or as deemed necessary by Smith, Jason Steele will attend City Council meetings and meetings with the City Attorney and City staff regarding any of the aforesaid. B. Authorization: 2 CITY OF CAPE CANAVERAL/JASON STEELE — LETTER OF AGREEMENT The City Manager and/or City Council may also authorize Smith to work on projects on an as -needed basis. Prior to the City Manager or City Council authorizing any project, a consultation will need to be conducted to determine the scope of the project. No work shall be performed by Smith unless approved by the City Manager or City Council as required hereunder. C. Fees: This is not an hourly rate contract. The compensation to Smith will be a flat monthly fee for Steele's services as government relations consultant and shall be $1,500 per month to be billed monthly in advance at the beginning of each month through termination of this Agreement. The time will be spent to carry out the duties herein and on items as directed by the City Manager and/or City Council and will be summarized in monthly written invoices. The invoices will be sent monthly to the City Manager's office and the City agrees to pay as required by the Florida Prompt Payment Act. D. Costs: The payment described in Paragraph C above shall be inclusive of all routine expenses including lobby registration fees, travel, long distance telephone, fax, delivery charges, and reproduction costs, copying, automobile gas and mileage except as provided below. Costs such as airfare, overnight accommodations, and other significant costs will only be reimbursed if reasonable and directly related to services performed for the City and only after receiving prior approval from the City Manager or his/her designee. If automobile travel outside of Brevard County is authorized in advance by the City Manager or his/her designee for Steele's services to be rendered exclusively on behalf of the City, the City will reimburse automobile gas and mileage for such travel. E. Collection of Fees: The City of Cape Canaveral agrees to pay for the costs and fees incurred on its behalf. The costs/fees must be justified in writing on an itemized invoice and incurred pursuant to the terms and conditions contained in this Agreement. F. Length of Agreement: Upon full execution by the parties, this Agreement shall remain in effect for a period of two years effective March 1, 2023 through March 1, 2025. This Agreement may be renewed for an additional term thereafter by mutual written agreement of the Parties. Any change in fee, terms or conditions shall be in writing signed by the City and Smith. G. Termination: Either party has the right to terminate this Agreement at any time, at its sole discretion, without cause or penalty, by providing at least ten (10) days written notice. The City may 3 CITY OF CAPE CANAVERAL/JASON STEELE — LETTER OF AGREEMENT terminate this Agreement immediately upon written notice upon the City being notified under Paragraph A that Jason Steele is no longer employed by Smith or available to provided Services hereunder. Upon receipt of said notice, Smith's representation on behalf of the City will cease immediately unless the City directs otherwise in writing in order for Smith to complete a specific pending assignment. Promptly after termination of this Agreement, Smith shall deliver to the City all reports, memoranda and other documents accumulated or prepared by Smith under this Agreement that constitute a public record under Chapter 119, Florida Statutes. The City shall not be responsible for any fees or expenses incurred after the date of termination unless agreed to in writing prior to the fees and expenses being incurred. H. Indemnification. The following indemnity shall apply: To the fullest extent permitted by law, Smith shall defend, indemnify, and hold harmless the City, its officials, employees, and city attorneys from and against any and all claims, suits, judgments, demands, liabilities, damages, cost and expenses (including attorney's fees) of any kind or nature whatsoever arising directly or indirectly out of or caused in whole or in part by any act or omission of Smith or any person employed by Smith including, but not limited to Jason Steele, or anyone for whose acts Smith may be liable, excepting those acts or omissions arising out of the sole negligence of the City. I. Conflict of Interest. Smith, and its employees including, but not limited to, Jason Steele, will not attempt to represent both the City and another client in any substantially related matter unless approved by the City in writing, or in any situation wherein Smith has acquired confidential information from the City material to the matter, or in other situations where the relationship between a matter Smith is asked to handle for another client presents a conflict of interest with work performed for the City, or is suggestive of an actual conflict of interest, or that can have an actual and material adverse financial or legislative effect on the City. It is acknowledged, however, that Smith currently represents other municipalities located in Brevard County including the City of Satellite Beach and the City of Indialantic, and may represent other cities or units of local governments in the future on similar matters including opposition to legislation pertaining to state authorization of short term vacation rentals that does not meet local government requirements. Steel and Smith will use their best efforts to oppose any state pre-emption of land development regulations, zoning, or other local government requirements pertaining to short term vacation rentals. Notwithstanding, Smith and Steele shall not disclose confidential information obtained by the City to any other party unless prior authorization is received from the City Manager. Further, should Smith or Steele determine that such representation of other cities or units of local government on similar matters presents a potential conflict of interest with the City's interests or legislative policy position on any matter, Smith or Steele shall promptly notify the City of such potential conflict of interest so the Parties can address the conflict to the City's satisfaction. 4 CITY OF CAPE CANAVERAL/JASON STEELE — LETTER OF AGREEMENT J. Miscellaneous Provisions. 1. Smith shall promptly observe and comply with applicable provisions of all federal, state, and local laws, rules and regulations which govern or apply to the services rendered hereunder including, but not limited to, licensing and lobbying requirements. 2. Smith shall not use the City's name or seal in promotional materials without the prior written consent of the City. 3. Except as expressly provide under this Agreement and authorized by the City for a specific assignment, Smith is not authorized to act as the City's agent and shall have no authority, express or implied, to act for or bind the City whatsoever. 4. Smith shall not by virtue of this Agreement be considered an employee of the City. At all times during the term of this Agreement, Smith shall be considered an independent contractor. 5. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the Smith and its independent Smiths and associates related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the City or the Smith. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the Smith is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's City Manager. Upon request by the City, the Smith shall promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the Smith be open and freely exhibited to the City for the purpose of examination and/or audit. Failure by Smith to grant such access and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the City upon delivery of a written notice of cancellation. If Smith fails to comply with this Section, and the City must enforce this Paragraph, or the City suffers a third party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to Smith's failure to comply with this Section, the City shall collect from Smith prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Section against Smith. And, if applicable, the City shall also be entitled to reimbursement of all attorneys' fees and damages which the City had to pay a third party because of the Smith's failure to comply with this Section. The terms and conditions set forth in this Section shall survive the termination of this Agreement. Smith acknowledges that the City is a Florida municipal corporation and subject to the Florida Public Records Law. Smith agrees that to the extent any document produced by Smith under this Agreement constitutes a Public Record; Smith shall comply with the Florida Public Records Law. 5 CITY OF CAPE CANAVERAL/JASON STEELE — LETTER OF AGREEMENT IF SMITH HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SMITH'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE CITY CLERK, AT (321) 868-1220, cityclerk@cityofcapecanaveral.org, City Clerk's Office, 100 Polk Avenue, Cape Canaveral, Florida 32920. 6. Smith acknowledges and understands that the City and its activities are subject to the Government -in -the -Sunshine Law, Section 286.011, Florida Statutes, which requires, with limited exceptions, the City to conduct business in open meetings. Smith will cooperate with the City to observe and comply with the requirements of said law in performing the services required hereunder. 7. Smith shall maintain professional and general liability insurance coverage during the term of this Agreement in amounts of at least $1,000,000 in the aggregate and per claim. Written proof of insurance shall be provided to the City upon the effective date of this Agreement and upon request by the City. 8. This Agreement is governed by Florida law. Venue for any state action filed pertaining to this Agreement shall be in Brevard County, Florida. Venue for any federal action filed pertaining to this Agreement shall be Orlando, Florida. 9. Nothing in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes. K. Acceptance: By signature below, the City and Smith agree to and accept all the terms and conditions contained herein. Sincerely, Todd Morley City Manager, City of Cape Canaveral Geoffrey D. Smith SMITH & ASSOCIATES 6 CITY OF CAPE CANAVERAL/JASON STEELE — LETTER OF AGREEMENT CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • FEBRUARY 21, 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, second 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 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 and 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 adopted 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 • February 21, 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. At its January 17, 2023 Regular Meeting, Council approved the subject Ordinance at first reading. The Notice of Hearing was placed for advertisement in Florida Today on February 9, 2023 and the Ordinance is now presented for second reading and final adoption. On February 14, 2023, Waste Pro Division Manager Dean Ulrich met with the City Manager and provided additional information. As to the question of the effect of removing the twenty (20) Cubic Yard Construction and Demolition Debris Dumpster roll -off exclusion, the corresponding impact would be approximately an additional $1.50/residential customer per month and $0.75/Cubic Yard for commercial service. In addition, Mr. Ulrich indicated that Waste Pro, like other haulers, is expecting an increase in recycling processing fees in the current fiscal year. He expects that the company will return to City Council later this year to request a corresponding increase in the residential recycling fee category. More information will be provided as it becomes available. No other rates are anticipated to be adjusted in the current Fiscal Year. Submitting Department Director: Todd Morley Attachments: 1. Waste Pro PowerPoint presentation, December 2022. 2. Minutes excerpt from the 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 and 2027), as evidenced by the Waste Pro presentation. 3. Cost of advertisement and codification. 4. 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: Adopt Ordinance No. 02-2023 at second reading. Approved by City Manager: Todd Morley Attachment 1 WASTE PRO Caring For Our Communities Waste Pro Solid Waste Contract Early Renewal Options for the City of Cape Canaveral 1 WASTE PRO Caring For Our Communities 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. 3 WASTE PRO Caring For Our Communities 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 Caring For Our Communities 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 Recent bid pricing is heading into the low/mid $30s per residential unit. - OR - 2. Renew contract early, with rates that have already "absorbed: commodity pricing, to receive a competitive market rate through 2027. Residential Rate Hauler $23.82/unit Waste Pro $24.86/unit GFL $27.68/unit Waste Pro $32.31/unit FCC $43.88/unit Waste Pro 5 WASTE PRO Caring For Our Communitites Option 1: No change to existing contract. New contract October 2024. Residential Rate New Contract CPI Current Pending Expected 10/1/2024, rate 1/1/22 1/1/23 1/1/24 Effective 1/1/25 (estimated) 5% $11.10 $12.02 $12.62 $25.00 Commercial Rate (per cubic yard) 5% $3.84 $4.16 $4.37 (estimated) $9.50 Expected Expected 1/1/26 1/1/27 $26.25 $27.56 $9.98 $10.48 By exercising Option 1, the 1/1/2025 rates can be reasonably expected to double the current rates. 6 WASTE PRO Caring For Our Communities Option 2: Early Contract Renewal Residential Rate Commerical Rate (per cubic yard) Est. CPI Current Pending Proposed Expected Expected Expected Expected 1/1/22 1/1/23 1/1/23 1/1/24 1/1/25 1/1/26 1/1/27 5% $11.10 $12.02 $15.92 $16.72 $17.56 $18.44 $19.36 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. 7 WASTE PRO Caring For Our Communities Capabillities/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) Incentivized employees: Medical Benefits 401k Matching Program Annual Gift Helper Performance Bonus Driver Performance Bonus Driver Recruiting / Retention Bonus Managers Incentive Bonus Annual Merit Increases John Jennings: Collection vehicles best suited for Cape Canaveral! A local solid waste legend, inducted SW Hall of Fame. 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. 8 Attachment 2 City of Cape Canaveral, Florida 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 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 SEAL of Cape Canaveral, Florida 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 21st 11 day of February, 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: February 9, 2023 34 Second Reading: February 21, 2023 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 • FEBRUARY 21, 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, second 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 • February 21, 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. At its January 17, 2023 Regular Meeting, Council approved the subject Ordinance at first reading. The Notice of Hearing was placed for advertisement in Florida Today on February 9, 2023 and the Ordinance is now presented for second reading and final adoption. Submitting Department Director: David Dickey Attachment: Ordinance No. 03-2023 Financial Impact: Cost of advertisement and codification; 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: Adopt Ordinance No. 03-2023 on second reading. Approved by City Manager: Todd Morley 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 21st day 26 of February, 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: February 9, 2023 4 Second Reading: February 21, 2023 5 6 Approved as to legal form and sufficiency 7 for the City of Cape Canaveral only by: 8 9 10 11 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 03-2023 Page 5 of 5 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • FEBRUARY 21, 2023 AGENDA ITEM SUMMARY • ITEM # 9 Subject: Approve Proposal from Kimley-Horn and Associates, Inc. (KHA) in the amount of $98,600 to prepare the Civic Hub Master Plan and authorize City Manager to execute same. Department: Parks, Recreation and Community Affairs Summary: At the 2021 Strategic Planning Retreat, City Council received a proposal on The Promenade, the purchase of the property located at 7404 N. Atlantic Avenue. It was ranked as an Intermediate priority at the Retreat and the purchase was completed in 2022. At the 2022 Strategic Planning Retreat, City Council received a proposal from Staff to reframe the acquisition of the property into a longer -term, but larger Civic Hub Project A unification of municipal properties to complete a connected City Campus between the City's Polk/Taylor /Poinsetta Avenues Properties, reevaluating the existing uses and amenities, and providing an opportunity to reimagine and re -program the space to the benefit of the City's residents (Attachment 1). City Council ranked the Civic Hub as a Long-term priority (Attachment 2). Moving into the FY 22/23 budget season, City Council recognized the potential value of adding underground stormwater chambers to the Project to help alleviate stormwater capacity issues in the Center Street Stormwater Basin (Attachment 3) and approved the 2022/23 Budget, which included funding for the design of a Civic Hub Master Plan, as well as future funding for improvements in FY 23/24 and FY 24/25. The Civic Hub Master Plan would essentially create a plan of desired amenities on the surface of the properties, which would then inform the size and scope of the desired stormwater storage system underneath the properties. Since the properties are located in the Community Redevelopment Agency (CRA) Area, the Project is eligible for CRA Funding. Selected Firm: After a review of planning/engineering firm qualifications for similar -type projects, Staff selected KHA of Orlando, Florida to draft the Plan. KHA is one of the engineering firms selected by the City for Continuing Professional Engineering/Surveying, Planning, Consulting and Architectural Services through the Consultants' Competitive Negotiation Act (CCNA). A Master Services Agreement for Planning and Consulting services was executed in 2018, between the City and KHA. The attached Proposal includes the Scope of Work (Attachment 4), which has a targeted completion date of September 1, 2023. The Proposal provides a blueprint for community outreach, which will be used to develop conceptual designs for stormwater management and above ground improvements. Specific tasks in the scope include, but are not limited to: TASK 1 — Project Management Meetings and Coordination As part of this task, KHA will: • Provide scheduling, status reports, budgeting, invoicing, and quality assurance. • Facilitate one (1) Kick-off Meeting with Client and design team. • Facilitate monthly progress meetings via conference call / online meeting. City of Cape Canaveral City Council Meeting • February 21, 2023 Agenda Item # 9 Page 2 of 3 • Facilitate up to eight (8) additional conference calls / online meetings as required. • Prepare for and attend City Council Meetings throughout the design process as described in the Tasks below. TASK 2 — Data Collection and Site Analysis As part of this task, KHA will: • Prepare project base maps utilizing aerial imagery and Lidar information (as available). • Review history of previous plans and studies including the Presidential Streets Master Plan and other studies as provided by the City of Cape Canaveral. • Facilitate on -site review of existing conditions with project team and City of Cape Canaveral Staff. • Provide photo documentation of existing conditions. • Prepare an onsite tree observation review. • Prepare preliminary stormwater basin map. TASK 3 — Stakeholder and Community Engagement As part of this task, KHA will: • Develop content for stakeholder and community engagement workshops. • Facilitate up to three (3) interviews / workshops (total) with key stakeholders and focus groups. • Prepare for and facilitate a Public Workshop. TASK 4 — Civic Hub Plan Development As part of this task, KHA will: • Develop and Present Draft Civic Hub Plan Alternatives (up to two). • Prepare one (1) Draft Civic Hub Plan incorporating comments received from the COCC on the Plan Alternatives. • Prepare an illustrative digital 3D model of the Draft Civic Hub Plan. • Prepare an Opinion of Probably Construction Cost for the Draft Civic Hub Plan. • Develop and Present Final Civic Hub Plan based on community/Council feedback and input on the previous Draft Civic Hub Plan. • Update the illustrative digital 3D model of the Final Civic Hub Plan. • Update the Opinion of Probably Construction Cost for the Final Civic Hub Plan. • Prepare an Implementation Strategy / Phasing Plan. • Prepare a summary of Grant and Funding opportunities. • Prepare a permitting process and strategy outline based on the final approved Civic Hub Plan. Submitting Department Director: Molly Thomas Attachments: 1. Civic Hub Aerial Board 2. Excerpt from the 2022 Strategic Report 3. City Council Regular Meeting Minutes, March 15, 2022 4. KHA Civic Hub Proposal City of Cape Canaveral City Council Meeting • February 21, 2023 Agenda Item # 9 Page 3 of 3 Financial Impact: $98,600 to KHA to prepare the Civic Hub Master Plan funded by the 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 actions: Approve Proposal from KHA in the amount of $98,600 to prepare the Civic Hub Master Plan and authorize City Manager to execute same. Approved by City Manager: Todd Morley Attachment 1 CITY OF CAPE CANAVERAL CIVIC HUB LOCATION FEBRUARY 2023 Kimley»>Horn Attachment 2 WHAT DO YOU WANT THIS CITY COUNCIL'S LEGACY TO BE? As the conclusion of the Strategic Planning Retreat, SGR reviewed the results of comments received from the Advance City Council Interviews to help ensure that the projects and processes the Council was pursuing alligned with their respective desired legacies following their service on the governing body. • We found solutions to community problems & issues. • We successfully addressed A1A safety issues. • We listened and reacted to our citizens. • We addressed ADA challenges for our residents. • We resolved community flooding concerns. • We developed the Civic Hub & Amphitheater as public gathering places in our community. • We championed Environmental Responsibility standards. POST -RETREAT CITY COUNCIL PRIORITIZATION PROCESS The City Council asked staff to hold a Post -Retreat Budget Workshop on April 21st where they had the opportunity to review the various proposed projects and initiatives, as well as other significant capital projects prior to undertaking a ranking process of their Strategic Priorities. As part of their deliberations, the City Council determined that some of the items that were presented at the Strategic Planning Retreat do not necessarily rise to the level of being a Strategic Priority (i.e., some projects and/or initiatives discussed are important to be included as part of the Strategic Planning process, but don't necessarily require prioritization.) Such items have been characterized as projects and/or initiatives that that the City is required to do (e.g., Florida Department of Environmental Protection mandates), or alternatively, projects and/or initiatives that achieve City Council consensus that can easily be incorporated into operating and capital budgets (e.g. "no brainers") that similarly do not need to be prioritized. Given that approach, the City Council was asked to participate in an exercise to capture their overall proposed Strategic Priorities Post -Retreat through a process whereby each Council Member indicated with a "✓" their top five (5) priorities, regardless of which particular Pillar they may be under (i.e., each Council Member had a total of five votes.) The priorities receiving the top votes were ranked as short- term, and the remaining priorities were identified as either intermediate or long-term based upon a natural break in the balance of the votes cast. Recognizing that many Current/Ongoing Priorities are multiyear in nature, any Current/Ongoing High -Ranking Priority Priorities that received two or more votes in the 2021 City Council rankings and/or were advanced in the current Fiscal Year were carried forward to ensure an understanding that they will be continued going forward into FY 2023. Proposed New Priorities that were presented in the Fiscal Year 2023 Strategic Planning Retreat but were removed by City Council consensus in the April 21st Council Budget Workshop have been identified as Gtrikcthrough for tracking purposes in this report. As was the case in last year's rankings, some projects that were ultimately identified by the City Council as intermediate and/or long-term may still be undertaken in the upcoming and subsequent fiscal years for regulatory compliance or due to inherent multi -year financing and implementation strategies. The following section reflects the results of the City Council's ranking of Priorities, with the Short -Term Priorities highlighted in Green font (4-5 votes), Intermediate Priorities highlighted in Orange font (3 votes), and Long -Term Priorities highlighted in Purple font 2-0 votes), along with their respective votes: 16 Multi -Modal Pillar Current/Ongoing High -Ranking Priority: ✓ Presidential Streets Neighborhood Master Plan - $150,000 Initial Year, subsequent years $TBD. (A multi -year project involving an in-depth study of the current infrastructure status of the subject area to include proposed improvements to streets, sidewalks, flooding, stop sign placement, traffic flow, related resiliency initiatives, sewer, GIS mapping, paid parking & enhanced handicapped beach access.) New Priorities: 4 FDOT-A1A Improvement Funding re: Implementation Strategies - $TBD 3 Improved Beach Accessibility & User Experience - $TBD Thurm Boulevard Improvements $2M + Sidewalks (Non Presidential Streets) $81,516 Sense of Place Pillar Current/Ongoing High -Ranking Priorities: ✓ Cherie Down Park Acquisition and Redevelopment - $1.5M ✓ Canaveral City Park Redevelopment—$250K ✓ Veterans Park - $210K ✓ Phase 1 Civic Hub (formerly The Promenade) Property Acquisition & Demolition - $1.2M New Priorities: 1 Canaveral City Park Concession, Press Box & Storage Building - $230K 2 Phase 2 Civic Hub (formerly The Promenade) - $500K 1st Year, $800K 2nd Year Galactic Park $70K Sustainability & Resiliency Pillar Current/Ongoing High -Ranking Priorities: ✓ Sanitary Sewer Infrastructure GIS Mapping and Inspection - $100K p/y over next 5-Years ✓ Sodium Bisulfite - $65K ✓ Long Point Road Estuary Park - $750K (50% Grant Funded) 17 New Priorities: 3 Resiliency Action Plan (RAP): o Alternative Fuel Vehicle (CED) - $40,000 o Alternative Fuel Vehicle (LS) - $40,000 o Alternative Fuel Vehicle (PWS) - $45,000 o Solar Streetlight Conversion Continuation - $58,000 p/y o BCSO Building Solar Array - $100,000 o PWS Administration Building Rooftop Solar Array - $24,000 o Educational Video Series - $12,000 0 Sea Oat Planting Initiative $11,200 p/y 0 Environmental Innovation Corridor Project - $TBD 5 Center Steet Drainage Basin Improvements (Phase 1 Pump Station) - $850K West Central Boulevard Wet Pond $2,262,150 Collection System Upgrade $65,000 Central Ditch Improvements $192,000 WRF SCADA Systcm $150,000 Dccp Injection Well $1.I1M i Community Engagement Pillar Current/Ongoing High -Ranking Priority: ✓ Re -Visioning Project - $10K New Priorities: (None Proposed for FY 2023) Economic Vitality & Development Pillar Current/Ongoing High -Ranking Priority: ✓ Oak Lane Paving & Storm Water Project - $845K New Priorities: 2 Lot Aggregation Program - $TBD 18 1 Development of Metrics & Key Performance Indicators (KPI) for municipal operations (Florida Benchmark Consortium membership) - $TBD 2 Hire Full -Time Economic Development Staff Position - $TBD 2 Explore reduction in City's LDR Parking Minimums with added benefit to reduce storm runoff utilizing porous surfaces - $TBD Neighborhood Commercial Zoning $TBD CLOSING COMMENTS The City of Cape Canaveral is to be congratulated for building upon last year's effort to revamp their strategic planning process to better articulate and track the community's strategic direction for the upcoming years. The City's Strategic Plan is like a GPS navigation system, where the destination is identified at the front end (Vision), the mode in which you desire to travel such as expressways, toll roads, etc. (Mission & Values) provide direction, and your waypoints, stops, and sights along the way (Pillars) ensure that you are attaining the important reasons behind the journey. That said, just as the GPS navigation system will offer options and detours based upon traffic, construction, and/or accidents to allow the successful navigation around unforeseen issues at the start of the journey, the City's Strategic Plan is developed at a moment in time based upon the best information that is available during its creation and adoption. The City of Cape Canaveral will without doubt encounter economic challenges, state, and federal legislation, changing public service expectations, and other factors which will impact the final approved Strategic Plan, which will require adjustments from time to time as the community embarks on its journey to achieve its desired vision. SGR recommends that the Strategic Plan be revisited following the proposed renewed Community Re - Visioning Project to ensure the Vision, Mission, Values, Pillars, and Priorities reflect alignment with the expectations of the community, City Council, and the Administration. In future years, SGR recommends that Actionable Items and/or Key Success Indicators (KSI's) be developed for each Priority so that the organization has a clear understanding of the desired results as expressed by the City Council, along with assigning responsible Departments and action steps to track the future progress of efforts for each Priority in the maturation of the City's Strategic Planning process. Strategic Government Resources is pleased and honored to continue its relationship with the City of Cape Canaveral as it refines its Strategic Plan. We look forward to following your progression as you embark on this exciting journey! 19 Attachment 3 City of Cape Canaveral, Florida City Council Regular Meeting • March 15, 2022 Minutes • Page 2 of 5 homeowners associations and other groups interested in the opportunity. Council thanked the FDOT District 5 group. Bill Hodge, property owner, discussed opposition to the Project. Peggy Eamer, resident, called for more law enforcement. Interview Applicants for appointment to the Board of Adjustment. (Stephen Slaton and George Weber): City Attorney Garganese confirmed information contained in Mr. Slaton's application to be true and. correct. Mr. Slaton discussed interest in serving on the Board. Council thanked Mr. Slaton. City Attorney Garganese confirmed information contained in Mr. Weber's application to be true and correct. Mr. Weber discussed interest in serving on the Board. Council thanked Mr. Weber. Mayor Morrison discussed and requested to add an Item to the Agenda at the beginning of discussion: Consider becoming the first City in the State of Florida to be a member of the "Friends of the Indian River Lagoon" which is a partnership with the Marine Resources Council. A motion was made by Council Member Willis, seconded by Mayor Pro Tem Kellum, to add the Item to the Agenda. The motion carried 5-0. CONSENT AGENDA: Mayor Morrison inquired if any Items needed removal. Council Member Willis removed Item 6. Mayor Pro Tem Kellum removed Item 7. 1. Approve Minutes for February 15, 2022 Regular City Council Meeting. 2. Resolution No. 2022-03; adopting amendments to the Annual General Fund and Capital Construction Funds, to reconcile the fund balance in the 302 Capital Construction Fund which was previously used to manage/collect costs during the construction of the new Cape Canaveral Fire Station and the new City Hall for the budgets for the fiscal year beginning October 1, 2021, and ending September 30, 2022; providing for the repeal of prior inconsistent resolutions and an effective date. 3. Resolution No. 2022-04; appointing Members to the Board of Adjustment of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Stephen Slaton and George Weber) 4. Resolution No. 2022-05; reappointing an honorary Poet Laureate for the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Timothy Bass) 5. Approve the Interlocal Agreement with respect to voting representation on the Space Coast Transportation Planning Organization (SCTPO) between the City of Cocoa Beach and the City of Cape Canaveral and authorize the Mayor to execute same. 6. Approve Proposal from Tetra Tech in the amount of $65,689 to complete a Canaveral Drainage Basin Stormwater System Study and authorize City Manager to execute same. 7. Approve the City of Cape Canaveral Community Center (COCCCC) Fees. A motion was made by Council Member Willis, seconded by Council Member Raymond, to approve Consent Agenda Items 1 through 5. The motion carried 5-0. #6 Council Member Willis explained the reason for removing the Item. City Manager Morley provided an update regarding recent stormwater backups due to fallen Oak leaves in the City storm drains as a result of heavy rainstorms, explained the emergency, short-term, mid-term and long-term solutions to address stormwater flooding to include the emergency trailer -mounted pump at Center Street, the short-term solution to move forward with a bid project for a permanent, automatic pump with a back -flow prevention tidal valve for Center Street, mid-term solution to purchase properties to be used for stormwater collection and run-off, and the long- City of Cape Canaveral, Florida City Council Regular Meeting • March 15, 2022 Minutes • Page 3 of 5 term solution to include a stormwater outfall reduction target in the Presidential Streets Master Plan. Council Member Willis proposed creating an exfiltration project with vaulted chambers beneath property the City currently owns at 7404 North Atlantic Avenue to include the racquetball and shuffle board courts area. Discussion ensued and included favor for the ideas, presenting the Presidential Streets stormwater outfall reduction plan at the Strategic Planning Retreat and desire to see engineering studies prior to moving forward with a bid. Capital Project Director Ratliff indicated he would share the final Engineer Report from Mead and Hunt as soon as he receives it. City Manager Morley discussed upcoming community workshops planned by Staff to educate about fertilizers, yard waste and stormwater runoff issues. Administrative/Financial Services Director DeLeo explained all of the projects discussed are American Rescue Plan Act eligible for Council to identify and approve in the amount of 5.2 million dollars. Discussion continued regarding the importance of the stormwater issues and projects, the Civic Hub Project, and the Strategic Planning Retreat on March 30, 2022. A motion was made by Council Member Willis, seconded by Council Member Davis, to approve Agenda Item 6. The motion carried 5-0. #7 Discussion ensued and included the proposed COCCCC Fee Schedule, facility rental fees, non -rental fees, City fees related to recreation not been raised in the past nine years, Mayor Pro Tem Kellum's proposal to provide a discount for residents, slight differences in other municipalities fees, recreation fee schedule does not currently appear in the City Code, COCCCC opening delayed due to construction supply chain issues, COCCCC is going to be state-of-the-art compared to other facilities in Brevard County, establishing fees by resolution, Cherie Down Park, hours of operation at the new facility and operation and maintenance costs. Betsy Ronk, resident and property owner, discussed concerns regarding the proposed fees including whether they will cover operating costs, proposed a resident be defined as anyone who lives within the City, how to verify that information, and doubling non-resident rates. Mayor Morrison stated he would forward an email received from Ms. Ronk to City Clerk Goforth. Parks, Recreation and Community Affairs Department Staff discussed researching, setting fees and how Staff manages and monitors activities at the Nancy Hanson Recreation Center. Council reached consensus to move forward with a draft resolution adopting a COCCCC Fee Schedule. Mayor Morrison recessed the Meeting at 8:13 p.m., the Meeting was reconvened at 8:25 p.m. PUBLIC HEARING: 8. Ordinance No. 02-2022; establishing an Election procedure under Chapter 26 of the City Code to be utilized to conduct Special Elections of the electors of the City to fill City Council vacancies that may occur in the future as a result of one or more Council Members filing a Notice of Resignation with a prospective effective date to run for a different office in accordance with Florida's Resign -to -Run Law in instances when there is an intervening general City election; providing that any such Special Election shall occur at the same time as the regularly scheduled intervening General Election in accordance with the City Charter and City Code; providing for conflicts, severability, incorporation into the Code, and an effective date, first reading: City Manager Morley read the title into the record and explained the Item. Discussion ensued and included the statutory time requirement incumbents would have to resign, incumbents must resign to run for another office no later than ten days prior to the qualifying period for an election, adoption of the Ordinance will allow the City Clerk's Office time to qualify candidates to fill the vacancies for a special election to run concurrently with a general election, and the measure would codify the procedures Council used in two previous mayoral elections. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A Attachment 4 Kimley ))Horn February 05, 2023 Molly A. Thomas Parks, Recreation + Community Affairs Director City of Cape Canaveral 110 Polk Avenue Cape Canaveral, FL 32920 Re: City of Cape Canaveral (COCC) Civic Hub Cape Canaveral, Florida Dear Ms. Thomas: Kimley-Horn and Associates, Inc. , ("Kimley-Horn" or "the Consultant") is pleased to submit this Scope and Fee Proposal for professional design services to the City of Cape Canaveral ("City" or "the Client") for the City of Cape Canaveral (COCC) Civic Hub Master Plan ("Plan", or "the Project") of the city owned parcels located on Taylor Avenue and Fillmore Avenue between Poinsettia Avenue and A1A (see exhibit below). Our project understanding, scope of services, and fees are described below. PROJECT UNDERSTANDING It is our understanding that COCC desires to develop a Civic Hub Master Plan based on input received during community engagement meetings, stakeholder meetings, and input received from City Staff and the City Council. The scope included in this proposal is provided in Phased Tasks, with Phase 1 Tasks providing services to develop a Civic Hub Plan to be approved by COCC. As the scope of work for construction documents and permitting of the approved Plan has yet to be determined, future Phase 2 Tasks for construction and permitting documents will be further defined and developed based on the approved Plan. Based on discussions to date with the city, Kimley-Horn understands that we are to proceed with planning the Civic Hub based on illustrated Graphic "A" (conceptual footprint of the Civic Hub area). The property included in this area is subject to the following: • Construction Phase 1: Underground vaulted stormwater storage, as determined by community input. To the maximum extent practical, install a stormwater system throughout the Civic Hub area capable of diverting as much stormwater from the Center Street Basin as possible; to include underground storage facilities, storm inlets and emergency overflow structures, with sufficient overburden capable of supporting aboveground amenities and in full coordination with the aboveground improvements of Construction Phase 2, below. • Construction Phase 2 o Consistent theming, as determined by community input. Appropriate theming includes, but is not limited to, thematically coordinated signage, paver bricks, paint schemes, walls and fencing, exterior lighting, benches, public artwork and landscaping. kimley-horn.com 189 South Orange Avenue, Suite 1000, Orlando, FL 32801 407 898 1511 Kimley»>Horn Page 2 o Selective structural demolition and new structures/improvements as determined by community input. Selective demolition may include, but is not limited to, the potential removal of the racquetball courts, shuffleboard courts and earth - filled retaining walls around the rec center. New structures/improvements may include, but are not limited to: additional pickleball courts, additional tennis courts, a performance stage, electrical pedestals, informational kiosks, public gathering spaces, shade structures, playground opportunities, fitness / wellness opportunities, water fountains and a restroom facility. It is understood that the Tennis/Pickleball courts will remain in place. The retail building shown in the aerial has already been demolished. Cape Canaveral Civic Hub Conceptual Footprint Area Programming Diagram Area eligible For: * underground storm vaults * above -ground amenity programming space * unified theming Area eligible for: * unified theming kimley-hom.com 189 South Orange Avenue, Suite 1000, Orlando, FL 32801 407 898 1511 Kimley ))Horn Page 3 It is anticipated that the planning process outlined below will take approximately six (6) months to complete. Services required beyond the six-month duration will be provided as an additional service as negotiated with COCC. SCOPE OF SERVICES PHASE 1 TASKS TASK 1 - PROJECT MANAGEMENT, MEETINGS AND COORDINATION In this task, Kimley-Horn will provide a project manager and staff to administer the professional services described in this scope and coordinate with the City's Project Manager. As part of this task, Kimley-Horn will: A. Provide scheduling, status reports, budgeting, invoicing, and quality assurance. B. Facilitate one (1) Kick-off meeting with Client and design team C. Facilitate monthly progress meetings via conference call / online meeting D. Facilitate up to eight (8) additional conference calls / online meetings as required E. Prepare for and attend City Council meetings throughout the design process as described in the Tasks below. Task 1 Deliverables: PDF documentation of the following: • Status reports, meeting minutes, schedule/schedule updates TASK 2 — DATA COLLECTION / SITE ANALYSIS In this task, Kimley-Horn will collect and analyze data associated with the site and surrounding areas to assist in the evaluation of opportunities and constraints related to the development of the proposed Civic Hub Plan. As part of this task, Kimley-Horn will: A. Prepare project base maps utilizing aerial imagery and Lidar information (as available) B. Review history of previous plans and studies including the Presidential Streets Master Plan and other studies as provided by the COCC. C. Facilitate Onsite review of existing conditions with project team and COCC staff D. Provide photo documentation of existing conditions E. Prepare an onsite tree observation review F. Prepare preliminary stormwater basin map Task 2 Deliverables: PDF package containing: kimley-horn.com 189 South Orange Avenue, Suite 1000, Orlando, FL 32801 407 898 1511 Kimley ))Horn Page 4 • Summary of materials produced for items above TASK 3 — STAKEHOLDER AND COMMUNITY ENGAGEMENT This task consists of the preparation for and facilitation of a series of meetings with COCC, stakeholders and public to solicit their opinions on site opportunities and constraints for improvements to the project area. As part of this task, Kimley-Horn will: A. Develop content for stakeholder and community engagement workshops including: 1. Project aerial 2. Existing conditions photos 3. Design imagery of relevant features. Features may include: i. Programmatic activities 1. Secondary pavilions/structures 2. Outdoor performance areas and public gather spaces 3. Active /Passive recreation opportunities a. Tennis/Pickleball — dedicated or combined b. Playground opportunities c. Fitness / wellness opportunities d. Other/TBD 4. Amenities a. Water fountains b. Informational kiosks c. Electrical pedestals, d. Other/TBD 5. Food truck plaza 6. Temporary vs permanent vendor tents/areas 7. Public Art / sculpture display areas 8. Parking — dedicated/shared/on-street ii. Stormwater strategy — site specific /regional BMP iii. Enhanced hardscape features iv. Enhanced landscape features v. Site furnishings vi. Lighting vii. Audio viii. Streetscape enhancements kimley-horn.com 189 South Orange Avenue, Suite 1000, Orlando, FL 32801 407 898 1511 Kimley ))Horn Page 5 B. Facilitate up to three (3) interviews / workshops (total) with key stakeholders and focus groups. Stakeholder workshops are anticipated to be conducted over a period of one (1) day. Key stakeholders and focus groups may include: 1. City Council 2. Parks, Recreation + Community Affairs 3. Public Works 4. Capital Projects 5. Community and Economic Development 6. General public 7. Brevard County Sherriffs Office (adjacent land use/parking) 8. Facility Users — i.e. Tennis/Pickleball/Other The COCC will provide a final list of stakeholders to be included in workshop meetings. The COCC will be responsible for scheduling the appropriate stakeholders including any required notifications, securing a location, and each meeting is anticipated to be 1 hour maximum. Additional interviews / workshops on separate day trips can be provided for an additional fee. C. Prepare for and facilitate a Public Workshop. This task will consist of one (1) Public Workshop anticipated to be 2 hours, plus setup and breakdown. The Public Workshop will be held on the same evening as the stakeholder workshops at a location to be determined and coordinated with the Client. Kimley-Horn will coordinate with the Client's Project Manager to develop the meeting format, content and exercises. Summaries of the meeting will be prepared and provided to the COCC. Additional community engagement meetings can be provided for an additional fee. The Public Workshop will be to gather community input regarding desired features, amenities and priorities for programming and park updates. Task 3 Deliverables: PDF package containing: • Summary of materials presented at stakeholder and community workshops • Summary of stakeholder input • Summary of community input TASK 4 — CIVIC HUB PLAN DEVELOPMENT Kimley-Horn will provide design services for the preparation of a Civic Hub Plan and Phasing/Implementation Plan. The Civic Hub Plan will be based upon comments and input received in Task 3. As part of this task, Kimley-Horn will: Task 4.A — Civic Hub Plan Alternatives A. Develop Draft Civic Hub Plan Alternatives (up to two), identifying proposed park features, program elements, building replacement (as appropriate), spatial relationships between different uses, and areas for improvement. The Plan Alternatives will identify proposed kimley-horn.com 189 South Orange Avenue, Suite 1000, Orlando, FL 32801 407 898 1511 Kimley )) Horn Page 6 access, pedestrian circulation and connectivity, parking, landscape enhancements, vehicular circulation, proposed buildings and architectural massing or renovation options, shade structures, and park features. Each alternative shall also identify proposed underground stormwater vault system layout. B. Update design imagery boards prepared in Task 4 to illustrate design elements similar to those being proposed in the Civic Hub Plan Alternatives. C. Meet with the COCC staff via online meeting to review the Civic Hub Plan Alternatives and obtain feedback and comments. Kimley-Horn will update the Plan Alternatives based on COCC input prior to the presentation below. D. Present the Civic Hub Plan Alternatives at a joint COCC Council Workshop to obtain feedback and input. It is anticipated that the Workshop will be approximately 2 hours in duration. The workshop will be open to the public to allow the public an opportunity to comment on the plan alternatives. E. Prepare a summary of comments received during the review meeting, public workshops. Task 4.A Deliverables: PDF package containing: • Up to two (2) Civic Hub Plan Alternatives in PDF format. • Design imagery boards in PDF format • Summary of comments from review meeting. Task 4.B — Draft Civic Hub Plan Kimley-Horn will prepare a Draft Civic Hub Plan based on comments received in Task 4.A. As part of this task, Kimley-Horn will: A. Prepare one (1) Draft Civic Hub Plan incorporating comments received from the COCC on the Plan Alternatives presented during Task 4.A. The Draft Civic Hub Plan may be a combination of preferred elements from Plan Alternatives prepared in Task 4.A. B. Prepare an illustrative digital 3D model of the Draft Civic Hub Plan. The 3D model will include proposed park elements, buildings / shade structures, circulation, access, and other proposed features. C. Prepare an Opinion of Probable Construction Cost (OPCC) for the Draft Civic Hub Plan. The OPCC will include costs for elements proposed in the Draft Civic Hub Plan and is anticipated to include: • Proposed park features • Architectural improvements • Landscape and irrigation improvements • Utility improvements • Site improvements and infrastructure (parking, stormwater, electrical, etc.) kimley-horn.com 189 South Orange Avenue, Suite 1000, Orlando, FL 32801 407 898 1511 Kimley )) Horn Page 7 • Permitting and design fees D. Submit the Draft Civic Hub Plan to the CRA for review and comment. E. Meet with the COCC staff via online meeting to review the Draft Civic Hub Plan and discuss feedback and comments. Kimley-Horn will update the Draft Civic Hub Plan based on COCC input prior to COCC presentation below. F. Present the Draft Civic Hub Plan at a joint COCC Workshop to obtain feedback and input. It is anticipated that the COCC Workshop will be approximately 2 hours in duration. The workshop will be open to the public to allow the public an opportunity to comment on the plan alternatives. G. Prepare a summary of Task 4.B Draft Civic Hub Plan, 3D model views, and OPCC comments received. Task 4.B Deliverables: PDF package containing: • Draft Civic Hub Plan in PDF format. • Up to six (6) 3D model views of the Draft Civic Hub Plan(s) • OPCC in PDF format • Summary of comments from review meeting. Task 4.0 — Final Civic Hub Plan Kimley-Horn will prepare a Final Civic Hub Plan based on comments received in Task 4.B. As part of this task, Kimley-Horn will: A. Prepare one (1) updated, Final Civic Hub Plan incorporating comments received from the COCC and COCC Council during Task 4.B. B. Update the digital 3D model illustrating proposed park features and building elements as previously prepared to reflect the Final Civic Hub Plan. C. Update the Opinion of Probable Construction Cost (OPCC) based on the Final Civic Hub Plan. D. Submit the Final Civic Hub Plan to the COCC for review and incorporate one round of comments. The Final Civic Hub Plan will be used for the Final Presentation to the CRA Board and City Council as identified in Task 4.F below. E. Present the Final Civic Hub Plan to the City Council to obtain feedback and input. F. Update the Final Civic Hub Plan based on comments received from the City Council. G. Submit the Final Civic Hub Plan to COCC for approval. H. Prepare an Implementation Strategy / Phasing Plan I. Prepare a summary of Grant and Funding opportunities J. Prepare a permitting process and strategy outline based on the final approved Civic Hub Plan. kimley-horn.com 189 South Orange Avenue, Suite 1000, Orlando, FL 32801 407 898 1511 Kimley ))Horn Page 8 K. Prepare a summary document of the Civic Hub Plan development process including summaries of public and stakeholder input, Civic Hub Plan options and final recommendations. Task 4.0 Deliverables: PDF package containing: • Final Civic Hub Plan in PDF format. • OPCC in PDF format • Summary of Task 4 Final Civic Hub Plan, 3D model views, and OPCC • Civic Hub Plan Summary Document Phase 2 Tasks Phase 2 scope of services to be finalized after approval of Final Civic Hub Plan and prepared as an amendment to the contract. Construction Document and Permitting scope and fee for site civil, landscape architecture and architecture is to be determined based upon the final approved Civic Hub Plan in coordination with available funding and direction from the Client. As the scope for implementation will not be clear until the completion of the above Tasks 1-4.C, the final scope and fee for Phase 2 construction documents / permitting shall be negotiated with the Client at a later date. SERVICES NOT INCLUDED Any other services, including but not limited to the following, are not included in this Agreement. 1. Biological / environmental consulting services 2. Geotechnical services but will be required by others for the above scope to be performed 3. Mechanical, Electrical and Plumbing (MEP) design and engineering. ADDITIONAL SERVICES Any services not specifically provided for in the above scope will be considered additional services and can be performed for an additional fee upon written authorization from Client. Additional services we can provide include the following: 1. Topographical survey 2. Pre -application meeting with the St. Johns River Water Management District (SJRWMD) 3. Architectural, engineering, or landscape architectural, services beyond those specifically outlined in the tasks above. 4. Survey location of underground utilities (SUE) 5. Preparation of grant applications. 6. Preparation of permit applications and/or permit expediting. 7. Traffic studies or analysis. kimley-horn.com 189 South Orange Avenue, Suite 1000, Orlando, FL 32801 407 898 1511 Kimey)>) Horn Page 9 8. Services required by additional governmental regulations, which might be put into effect after the date of this agreement. 9. Construction document preparation 10. Construction contract administration 11. Natural Resource Assessment 12. Additional meetings beyond those indicated in above scope. 13. Preliminary environmental review 14. Preliminary water quality assessment 15. Existing tennis court assessment Information Provided by Client 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: 1. Copies of all available information, studies, and reports pertinent to services for the project. 2. Existing basefiles and as-builts for project area, as available. FEE SCHEDULE Kimley-Horn will perform the services described in Task 1-4.0 in the Scope of Services for the lump sum fees listed below. Fees for optional tasks identified in the above scope of services are listed separately. Individual task amounts are for informational purposes only. PHASE 1 TASK FEES TASK DESCRIPTION FEE 1 PROJECT MANAGEMENT, MEETING AND COORDINATION $9,800 2 DATA COLLECTION /SITE ANALYSIS $11,800\ 3 STAKEHOLDER & COMMUNITY ENGAGEMENT $16,600 4.A CIVIC HUB PLAN ALTERNATIVES $24,900 4.B DRAFT CIVIC HUB PLAN $18,700 4.0 FINAL CIVIC HUB PLAN $16,800 SUBTOTAL $98,600 PHASE 2 TASK FEES—CONSTRUCTION DOCUMENTS/ PERMITTING TASK DESCRIPTION FEE 5 CONSTRUCTION DOCUMENTS / PERMITTING $TBD SUBTOTAL $TBD kimley-horn.com 189 South Orange Avenue, Suite 1000, Orlando, FL 32801 407 898 1511 Kimley >>> Horn Page 10 Scope and fee for Task 5 will be finalized upon completion of Tasks 1-4.0 once a better understanding of scope for these tasks has been established. An amount has been included in the lump sum to cover certain reimbursable expenses such as in- house duplicating, plotting and printing, local mileage, telephone calls, facsimiles, postage, and word processing computer time. All 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. Reimbursable expenses will be invoiced based upon expenses incurred. Payment will be due within 25 days of your receipt of the invoice. SCHEDULE We will provide our services as expeditiously as practicable based on a mutually agreed upon schedule. 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" or "COCC" shall refer to the 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. include the invoice number and Kimley-Horn project number with all payments. Please provide the following information: Please email all invoices to Please copy If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other 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. kimley-horn.com 189 South Orange Avenue, Suite 1000, Orlando, FL 32801 407 898 1511 Kimley )) Horn Page 11 We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. Scott Mingon Principal (K:'ORL_LA\_MARKETING\_Contracts\2023\MSM - CapeCanaveral Civic Hub.docx) Attachments —Standard Provisions Agreed to this of , 2023 CITY OF CAPE CANAVERAL By: Please Print/Type Name and Title Email Address Attest: Please Print/Type Name and Title Client's Federal Tax ID: Client's Business License No.: Client's Street Address: kimley-horn.com 189 South Orange Avenue, Suite 1000, Orlando, FL 32801 407 898 1511 Kimley»> Horn Page 12 KIMLEY-HORN AND ASSOCIATES, INC. STANDARD PROVISIONS (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 Client's 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 Consultant's 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 within 25 days of receipt. (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 Consultants 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. kimley-hom.com 189 South Orange Avenue, Suite 1000, Orlando, FL 32801 407 898 1511 Kimley»> Horn Page 13 (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 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 Client's 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) 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. (7) 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. (8) 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. (9) 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 Consultant's 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 9 is intended solely to limit the remedies available to the Client or those claiming by or through the Client, and nothing in this Section 9 shall require the Client to indemnify the Consultant. (10) 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. (11) 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 specifications. The Client acknowledges that all preliminary plans are subject to substantial revision until plans are fully approved and all permits obtained. (12) Certifications. The Consultant shall not be required to execute certifications 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. kimley-hom.com 189 South Orange Avenue, Suite 1000, Orlando, FL 32801 407 898 1511 Kimley»> Horn Page 14 (13) Dispute Resolution. All claims by the Client 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. (14) Hazardous Substances and Conditions. Consultant shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Consultants 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. (15) 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. (16) 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. (17) 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. (18) 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. 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. (19) PURSUANT TO FS 558.0035, EMPLOYEES OF CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE UNDER THIS AGREEMENT. kimley-hom.com 189 South Orange Avenue, Suite 1000, Orlando, FL 32801 407 898 1511 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • FEBRUARY 21, 2023 AGENDA ITEM SUMMARY • ITEM # 10 Subject: Review, revise as needed, and adopt the updated Community Vision Statement. Department: Parks, Recreation and Community Affairs Summary: In January of 2022, in conjunction with the City's annual Strategic Planning efforts, City Staff initiated the "Re -Vision Cape Canaveral" project, with the objective to revisit and update the Community Vision Statement, drafted by the East Central Florida Planning Council, as part of the 2009 "Envision Cape Canaveral" project. The community engagement portion of the "Re -Vision Cape Canaveral" project included: Community Visioning Kick -Off Survey (Attachment 1) Three (3) public Community Visioning Meetings Post -Community Visioning Session Survey (Attachment 2) Community Vision Statement Feedback Survey (Attachment 3) More than 1,000 residents and community stakeholders participated in the project overall. The draft of the Re -Vision Cape Canaveral Report (Attachment 4) incorporates their feedback, organizing it within the framework of the City's identified Pillars for Strategic Planning. This report was presented to Council at the June 21, 2022 Regular Meeting, wherein Council voted unanimously to accept the draft report and reached consensus to bring the Vision Statement back later in 2022 for formal adoption. (Attachment 5) At the December 20, 2022 Regular City Council Meeting, Staff presented the suggested Vision Statement where Council discussed the pros and cons of certain terms and phrases, along with how the Statement will apply going forward. Council reached consensus to bring the Draft Community Vision Statement back with revisions at a future meeting. (Attachment 6) Working with the input of City Council and community stakeholders, gathered throughout the Re - visioning Project, Staff revised the draft Statement with the verbiage below: Draft Community Vision Statement: Cape Canaveral — A warm, inclusive beachside community that embraces its small-town feel and enhances the beauty and integrity of its natural environment; promoting resilience, safety, sensible mobility with an emphasis on pedestrian needs, business -friendly development and responsible community stewardship; through a shared commitment to a balanced, respectful and neighborly philosophy that inspires future -ready essential civic services and quality -of - life amenities. Council now has the option to: A. Adopt the updated Community Vision Statement as written. B. Amend and adopt the updated Community Vision Statement. Submitting Department Director: Molly A. Thomas Attachments: 1. Community Visioning Kick -Off Survey 2. Post -Community Visioning Session Survey City of Cape Canaveral City Council Meeting • February 21, 2023 Agenda Item # 10 Page 2 of 2 3. Community Vision Statement Feedback Survey 4. Re -Vision Cape Canaveral Report 5. Excerpt from the Minutes of the June 21, 2022 Regular City Council Meeting 6. Excerpt from the Minutes of the December 20, 2022 Regular City Council Meeting Financial Impact: $13,750.52 to include promotional activities, mailer, facility rentals, lodging for contracted facilitator and miscellaneous supplies; 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 actions: Review, revise as needed, and adopt the updated Community Vision Statement. Approved by City Manager: Todd Morley Community Re -Visioning Survey #1 Attachment 1 Q1 Zip Code for your Cape Canaveral home or business Answered: 663 Skipped: 0 32920 32935 32931 32932 Other (please specify) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES 32920 32935 32931 32932 Other (please specify) TOTAL RESPONSES 96.08% 0.15% 2.56% 0.45% 0.75% 637 1 17 3 5 663 OTHER (PLEASE SPECIFY) DATE 1 32920 1/17/2022 4:06 PM 2 32796 1/9/2022 11:56 AM 3 32952 1/6/2022 11:22 PM 4 32952 1/5/2022 6:29 PM 5 32953 1/5/2022 12:01 PM 1/265 Post -Community Visioning Survey Attachment 2 Q1 What are the things you hope will stay the same about Cape Canaveral? (select your top 3 priorities) Beach Accessibilit... Preservation of Natural... Sense of Community... Residential Zoning on... Safety (Police/Fire... Multi -Modal Focus... Affordability Community Environmenta... Community Projects (e.... Availability of Small... Quality Municipal... Friday Fest Public Art Answered: 206 Skipped: 0 0% 1 0 % 20% 30% 40% 50% 60% 70% 80%0 90% 100% 1/10 Community Vision Statement Feedback Attachment 3 #1 COMPLETE Collector: City of Cape C...ment Feedback (Web Link) Started: Thursday, October 06, 2022 12:53:28 PM Last Modified: Thursday, October 06, 2022 12:56:54 PM Time Spent: 00:03:26 IP Address: 12.188.54.154 Q1 80 Does the Vision Statement below reflect the forward thinking goals for the City of Cape Canaveral?"Cape Canaveral —An engaged and inclusive community that embraces and preserves its special and natural accessible ocean and riverfront shorelines and open spaces, promotes safe multi -modal interconnectivity, balanced, sustainable, and architecturally attractive developments through a business -friendly philosophy and the provision of public infrastructure systems to meet current and future community needs." Q2 What words would you add to make it better reflect the forward thinking goals for the City of Cape Canaveral? Q3 What words would you remove to make it better reflect the forward thinking goals for the City of Cape Canaveral? Q4 What is Zip code of your primary residence? Respondent skipped this question Respondent skipped this question 32920 1/47 Attachment 4 City of Cape Canaveral, Florida SGR STRATEGIC GOVERNMENT RESOURCES Re -Vision Cape Canaveral June 2022 1 Attachment 5 City of Cape Canaveral, Florida City Council Regular Meeting • June 21, 2022 Minutes • Page 4 of 6 and desire to adopt by resolution. Council reached consensus to take action by Ordinance. City Attorney Garganese read the title of Draft Ordinance No. XX-2022 (attached) into the record, indicating an ordinance number would be assigned for second reading. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to approve Draft Ordinance No. XX-2022, as written, at first reading. The Public Hearing was opened. Brad Pervell, resident, discussed the need to increase prices, and suggested charging short-term rental properties to offset rates for citizens. Shannon Roberts, resident, discussed concerns regarding cost of living and manageability of the Sewer Rate increases, and suggested the City consider alternative ways to obtain funding to offset the costs for residents. The Public Hearing was closed. Raftelis Financial Consultants, Inc. Manager Joe Williams discussed the Study, this type of increase will happen due to the City being built out, potential cost savings in the latter years, and how a number of utilities have adjustments connected to the Consumer Price Index. Discussion ensued and included comparisons with local/coastal cities, impracticality of annual studies, study cost of $18,000, chemical costs increasing, comparing data next year, how the non-proprietary study model can be adjusted, concern over passing things five years out, and desire to cut costs due to potential economic crises. Administrative/Financial Services Director DeLeo discussed the positive financial outlook for the City including low interest rate loans, less future debt and the Presidential Streets Project funding through the Community Redevelopment Agency budget along with matching funds from Brevard County. Discussion ensued and included the use of American Rescue Plan Act funds, the City's sewer usage structure connected to the City of Cocoa water usage and sewer, and support for using the Study to make adjustments annually. City Attorney Garganese discussed the procedural requirements for sewer rate change notices to be placed in the water bill. Administrative/Financial Services Director DeLeo discussed how, if Council chooses to do it annually, the analysis would be done each May prior to the Proposed Budget in June, and the City must notify the City of Cocoa of any changes sixty days prior. City Manager Morley suggested Council could make an amendment to the motion to add a provision to Ordinance XX-2022, at second reading, which allows for the annual review in the month of May each year for the next four years. Mayor Pro Tem Kellum agreed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to amend the main motion, to do a yearly review in May. The motion carried 5-0. Discussion ensued regarding the main motion on the floor. The main motion carried 3-2, with Mayor Morrison and Council Member Willis voting against. Mayor Morrison recessed the meeting at 8:30 p.m. The meeting reconvened at 8:41 p.m. ITEM FOR ACTION: 9. Review and approve March 30, 2022 Strategic Planning Retreat Minutes, Workshop Minutes and Draft Summary Report; authorizing/finalizing revisions to Mission, Vision and Values Statements and possible revisions/updates; adopt Report setting short, intermediate and long-term strategic goals beginning Fiscal Year 2022/23: City Manager Morley thanked Strategic Government Resources Consultant Doug Thomas for providing the Report. Mr. Thomas made a presentation to Council. City Manager Morley clarified how the Mission Statement has already been adopted as part of the City's Strategic Planning, but the final Report and the Vision Statement are what Council is considering. Discussion ensued and included accepting the Report, waiting to approve the Vision Statement, circulation of the Vision Statement for feedback from the community, the City's 60th Anniversary in 2022, and making modifications to the Vision Statement. Council reached consensus to bring the Vision Statement back to Council for consideration at the October 2022 Regular City Council Meeting. A motion was made by Council Member Willis, seconded by Council Member Raymond, to accept the draft Report. Shannon Roberts, resident, discussed concerns regarding the issue of safety missing in the City of Cape Canaveral, Florida City Council Regular Meeting • June 21, 2022 Minutes• Page 5 of 6 Visioning, connecting the Budget to implementation planning for actionable items that came out of the Strategic Planning, and the balance of private property rights with the Vision of the residents. Discussion ensued and included the Budget and Capital Improvement Planning process. City Manager Morley stated that' the Development Review, Planning and Zoning and other Advisory Boards will access the Re -Visioning Project Report to ensure the connection to implementation and planning is made. Mr. Thomas discussed the connection between the Strategic Plan Pillars, Statements, and implementation, indicating that the Plan can take three to four years to come together. The motion carried 5-0. 10. Ratify the Composite City Manager Performance Evaluation and discuss/determine how to proceed with the provisions of Section 2, Salary and Evaluation, of the Employment Agreement between the City of Cape Canaveral and City Manager Todd Morley: Human Resources/Risk Management Director Huser discussed the evaluation process, the pay analysis based on data retrieved from other cities not including allowances or benefits, and the recommended increase in order to remain competitive with other municipalities. Discussion ensued and included years of experience as a variable, City Manager Morley having been with the City since 2002, similar size cities, population variables, City Manager Morley's current salary, monthly automobile allowance and other incentives, splitting the raise in half and revisit in six months, and how much of an increase in pay City Manager Morley should receive. Administrative/Financial Services Director DeLeo suggested Council vote on either a percentage or an hourly rate plus the automobile allowance. Discussion continued regarding percentage pay options for the City Manager, City Manager versus City Staff pay and retention, excellent performance of the City Manager and Staff, concerns regarding the Budget overall, the proposed 2022/2023 FY Budget which includes a three -percent merit increase, an internal cost of living increase and an annual wage adjustment to offset the impacts of the Florida minimum wage laws which will keep the City competitive with other municipalities, and City Manager Morley's direction to Staff to ensure all City employees receive equitable pay. A motion was made by Council Member Raymond, seconded by Council Member Davis, for an 11 % raise increase for City Manager Todd Morley. Discussion ensued regarding amending the City Manager Contract to reflect the increase, how Council should vote on the measure, with an effective date being today. The motion carried 4-1, with Mayor Morrison voting against. City Manager Morley thanked Council. 11. Designate one (1) City Official to be the Voting Delegate at the Florida League of Cities 2022 Annual Conference scheduled for August 11-13, 2022 in Hollywood, Florida and decide if it wishes to propose resolution(s) for the League's consideration: A motion was made by Council Member Davis, seconded by Mayor Pro Tem Kellum, designating Angela Raymond to serve. Mayor Morrison inquired if Council Member Raymond would serve, to which Council Member Raymond responded in the affirmative. The motion carried 5-0. 12. Approve Proposals from OVIVO USA, LLC/TSC-Jacobs North in the amount of $1,430,153 for the in -kind replacement of two clarifiers at the Water Reclamation Facility, and a 15% contingency of $214,522.95 for any necessary inspection/repair services required by CROM for the clarifier tanks, and authorize the City Manager to execute the Equipment Purchase Agreement with OVIVO and Equipment Installation Agreement with TSC-Jacobs North: Mayor Morrison requested City Attorney Garganese' opinion on whether the City satisfied the requirements for sole -source for the Agenda Item. City Attorney Garganese discussed the City Attorney's Guidance provided in the Agenda Item for Council to consider including the technical basis for determining the reasons for use of sole -source which Staff recommends for in -kind replacement of two clarifiers versus going out for Bid, the City's plan to use American Rescue Plan Act (ARPA) funds to pay for the Project prompting his advice to follow the federal sole -source Attachment 6 City of Cape Canaveral, Florida 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 CITY COUNCIL MEETING • FEBRUARY 21, 2023 AGENDA ITEM SUMMARY • ITEM # 11 Subject: Electric Vehicle Charging Stations Department: City Council Summary: Receive an update from Zach Eichholtz on the Rivian charging station replacement contract. Discuss any alternatives and moving forward with this initiative as soon as prudently possible. Submitting Council Member: Don Willis Attachments: None. ITEM # 12 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: January 20, 2023 RE: Monthly Financial Report— December 2022 Staff is pleased to present the Monthly Financial Report for the period ending December 31, 2022. At this point in the Fiscal Year, the Year to Date Actuals should be 25% of the total annual budget. Total General Fund Departmental costs are 10.8% below target. Administrative Services is running below target at .6%. Community Development/Code Enforcement/Economic Development is under target at 23.1 %. Building Department is above target at 25.5%. Protective Services are under target by .9%. Fire Rescue is running below target by 5.4%. Parks Recreation/Community Affairs is 13.7% below target. Non -Departmental expenditures are below budgetary projections by 19.8%. The Community Redevelopment Agency (CRA) has incurred $150,651 of expenses for the current Fiscal Year. Wastewater Fund overall costs are under target at 13.6%. The Stormwater Fund is under target cost at 4.3%. The City's General Fund investments total $9,125,006.92; Special Revenue investments total $400,115.76; and Enterprise Fund investments total $722,619.55. The Grand total of all investments is $10,247,742.23. 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 December 31, 2022 Revenue Ad Valorem Tax To date, the City has received 79.6% of Ad Valorem revenue. The City saw the first Ad Valorem payment of FY22-23 in November, and should have seen the highest income in December. Local Option Gas Tax This amount represents actual for October and an accrual for November and December. This revenue source is below target at 21.7%. Franchise Fees, Utility Service Taxes and Communications Service Tax This amount represents some actuals for October - December and some accruals for November and December. These are right on target at 25.4%. Permits and Licenses Permits and Licenses are below target at 16.4%. 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 23.7%. This amount represents actuals for October -November and some actuals for December, as well as some accruals for November and December. 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 -November and an accrual for December. These are right on target at 25.2%. Recreation Fees (Leisure Services) Recreation Fees are below target at 18.8%. Investment Income Investment Income is above target at 216.1%. 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 -November and an accrual for December. It is slightly below target at 24.4%. Stormwater Utility Fees (Stormwater Fund) This amount represents actual collections for October -November and an accrual for December. It is right on target at 25.2%. City of Cape Canaveral Statement of Revenues & Expenditures Period Ended December 31,2022 GENERAL FUND FY 2022-2023 DEC 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 2,222,000 0.0% 555,500 Cash Forward- R&R 898,500 0.0% 224,625 Ad Valorem Taxes 5,512,589 4,388,101 79.6% 1,378,147 Local Option Gas Tax 361,000 78,235 21.7% 90,250 Franchise Fees 949,066 232,881 24.5% 237,267 Utility Taxes 1,302,226 335,670 25.8% 325,557 Communications Service Tax 422,000 108,784 25.8% 105,500 Permits & Licenses 693,450 113,766 16.4% 173,363 State Grants 75,000 0.0% 18,750 ARPA Revenue 3,937,000 2,614 0.1% 984,250 State Shared Revenue 1,098,700 259,952 23.7% 274,675 Local Shared Revenue 127,601 0.0% 31,900 Charges for Services 30,818 1,922 6.2% 7,705 Garbage & Recycling Revenue 1,270,215 319,758 25.2% 317,554 Recreation Fees 300,300 56,428 18.8% 75,075 Fines & Forfeitures 12,600 3,573 28.4% 3,150 Interest Income 32,700 70,680 216.1% 8,175 Fire Hydrant Rental Fee 85,637 14,134 16.5% 21,409 Miscellaneous Revenue 40,750 31,690 77.8% 10,188 PAL Program Revenue 12,000 55,160 459.7% 3,000 Transfer from School Guard Crossing Fund 2,050 0.0% 513 Transfer from CRA Fund 814,947 0.0% 203,737 Contribution from Wastewater Fund 720,656 180,164 25.0% 180,164 Contribution from Stormwater Fund 19,566 4,892 25.0% 4,892 Loan Proceeds 250,000 0.0% 62,500 TOTAL REVENUES $ 21,191,371 $ 6,258,403 29.5% $5,297,843 EXPENDITURE Legislative 98,573 6,983 7.1% 24,643 Administrative Services 540,548 131,960 24.4% 135,137 Comm Dev/Code Enf/Econ Development 868,177 200,417 23.1% 217,044 Protective Services 3,501,187 842,304 24.1% 875,297 Fire/Rescue Services 3,008,064 591,065 19.6% 752,016 Building 449,605 114,719 25.5% 112,401 Infrastructure Maintenance 1,682,911 265,055 15.7% 420,728 Parks Recreation + Community Affairs 1,657,649 285,656 17.2% 414,412 Legal Services 309,293 34,881 11.3% 77,323 Solid Waste 1,271,215 227,039 17.9% 317,804 Debt Service 1,420,737 - 0.0% 355,184 Non-Departmental 6,080,875 317,959 5.2% 1,520,219 Contingency 302,537 0.0% 75,634 TOTAL EXPENDITURES $ 21,191,371 $ 3,018,038 14.2% $5,297,843 Excess of Revenues Over / (Under) Expenditures $ 3,240,364 Page 1 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended December 31,2022 POLICE EDUCATION FUND FY 2022-2023 DEC 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Police Education Income 1,020 347 34.0% 255 Interest Income 75 47 62.8% 19 TOTAL REVENUES $ 1,095 $ 394 35.9% $ 274 EXPENDITURE Education &Training - - Contingency 1,095 0.0% 274 TOTAL EXPENDITURES $ 1,095 $ - 0.0% $ 274 Excess of Revenues Over / (Under) Expenditures $ 394 FIRE PROTECTION FUND FY 2022-2023 DEC 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward R&R - - Interest Income 264 121 45.8% 66 TOTAL REVENUES $ 264 $ 121 45.8% $ 66 EXPENDITURE Contingency 264 0.0% 66 TOTAL EXPENDITURES $ 264 $ - 0.0% $ 66 Excess of Revenues Over / (Under) Expenditures $ 121 Page 2 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended December 31,2022 SCHOOL CROSSING GUARD FUND FY 2022-2023 DEC 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 1,200 0.0% 300 Parking Fine Surcharge 900 100 11.1% 225 TOTAL REVENUES $ 2,100 $ 100 4.8% $ 525 EXPENDITURE Transfer to General Fund 2,100 0.0% 525 Contingency - 0.0% - TOTAL EXPENDITURES $ 2,100 $ - 0.0% $ 525 Excess of Revenues Over / (Under) Expenditures $ 100 LIBRARY FUND FY 2022-2023 DEC 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Ad Valorem Taxes 70,193 55,932 79.7% 17,548 Ad Valorem Tax Delinquent 50 0.0% 13 Tax Penalty Income 60 4 7.4% 15 Interest Income 7,380 1,320 17.9% 1,845 Interest-Tax Collections 42 5 11.0% 11 TOTAL REVENUES 77,725 $ 57,260 73.7% $ 19,431 EXPENDITURE Operating Expenses 34,275 18,302 53.4% 8,569 Capital Purchases 30,000 0.0% 7,500 Contingency 13,450 0.0% 3,363 TOTAL EXPENDITURES 77,725 18,302 23.5% $ 19,431 Excess of Revenues Over / (Under) Expenditures $ 38,958 Page 3 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended December 31,2022 CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY FY 2022-2023 DEC 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward Shared Revenue from Cape Canaveral 1,099,809 0.0% 274,952 Shared Revenue from Brevard County 1,099,809 1,058,562 96.2% 274,952 Interest Income 288 12 4.0% 72 Transfer from General Fund 250,000 121,000 48.4% 62,500 TOTAL REVENUES 2,449,906 1,179,574 48.1% $ 612,477 EXPENDITURE Operating Expenses 5,999 1,306 21.8% 1,500 Capital Purchases 1,232,312 149,344 12.1% 308,078 Debt Service 867,270 0.0% 216,818 Contingency 344,325 0.0% 86,081 TOTAL EXPENDITURES 2,449,906 150,651 6.1% $ 612,477 Excess of Revenues Over / (Under) Expenditures $ 1,028,923 Page 4 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended December 31,2022 IMPACT FEES FUND FY 2022-2023 DEC 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Impact Fees- Police 19,250 0.0% 4,813 Impact Fees- Fire/Rescue 3,376 0.0% 844 Impact Fees-Transportation 0.0% - Impact Fees- Parks/Recreation 22,700 0.0% 5,675 Impact Fees-General Government 15,850 0.0% 3,963 Impact Fees-Aerial Fire Truck 9,520 0.0% 2,380 Impact Fees- Library 12,000 0.0% 3,000 TOTAL REVENUES 82,696 - 0.0% $ 20,674 EXPENDITURE Contingency 82,696 0.0% 20,674 TOTAL EXPENDITURES 82,696 - 0.0% $ 20,674 Excess of Revenues Over / (Under) Expenditures $ - LAW ENFORCEMENT TRUST FUND FY 2022-2023 DEC 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 5,229 0.0% 1,307 Contraband Income 1,650 0.0% 413 Interest-State 45 7 15.0% 11 TOTAL REVENUES 6,924 7 0.1% $ 1,731 EXPENDITURE School Resource Officer 6,924 0.0% 1,731 TOTAL EXPENDITURES 6,924 - 0.0% $ 1,731 Excess of Revenues Over / (Under) Expenditures $ 7 Page 5 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended December 31,2022 WASTEWATER ENTERPRISE FUND FY 2022-2023 DEC 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 644,500 0.0% 161,125 Utility Operating Income 4,667,300 1,137,807 24.4% 1,166,825 Utility Penalty Income 70,000 13,198 18.9% 17,500 Sewer Assessment Fees 84,000 0.0% 21,000 Reuse Hook-Up Fees 2,925 0.0% 731 Reclaimed Water Revenue 91,650 22,708 24.8% 22,913 Investment Income 2,520 1,543 61.2% 630 Sale of Fixed Assets 2,000 0.0% 500 Transfer from General Fund 2,500,000 0.0% 625,000 Transfer from CRA Fund 52,324 0.0% 13,081 SRF Loan Proceeds 1,320,000 187,752 14.2% 330,000 Miscellaneous Income 2,000 1,871 93.6% 500 TOTAL REVENUES 9,439,219 1,364,880 14.5% $ 2,359,805 EXPENDITURE Personal Services 1,913,966 485,528 25.4% 478,492 Operating Expenses 1,597,455 245,437 15.4% 399,364 Debt Service 666,911 182,496 27.4% 166,728 Capital Purchases 4,464,500 193,039 4.3% 1,116,125 Contribution to General Fund 720,656 180,164 25.0% 180,164 Contingency 75,731 0.0% 18,933 TOTAL EXPENSES 9,439,219 1,286,664 13.6% $ 2,359,805 Excess of Revenues Over / (Under) Expenses $ 78,215 STORMWATER ENTERPRISE FUND FY 2022-2023 DEC 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 626,500 0.0% 156,625 Stormwater Utility Fees 1,087,800 274,054 25.2% 271,950 Investment Income 1,380 1,045 75.7% 345 Transfer from General Fund 1,175,000 2,614 0.2% 293,750 TOTAL REVENUES $ 2,890,680 $ 277,714 9.6% $ 722,670 EXPENDITURE Personal Services 366,873 91,499 24.9% 91,718 Operating Expenses 271,230 17,415 6.4% 67,808 Capital Purchases 1,501,500 10,631 0.7% 375,375 Contribution to General Fund 19,566 4,892 25.0% 4,892 Contingency 731,511 0.0% 182,878 TOTAL EXPENSES 2,890,680 124,436 4.3% $ 722,670 Excess of Revenues Over / (Under) Expenses $ 153,277 Page 6 of 6 Florida State Treasury- Special Purpose Investment Account (SPIA) & FL SAFE As of December 31, 2022 the following funds were invested with the State of Florida Division of Treasury,with a rate of return 1.50% Interest earned for the month: $ 27,614.64 General Fund Restricted (by outside party) Total Restricted $ - Committed (Constrained by Council) Expansion Recreation 44,588.19 Expansion Police 33,757.75 Capital Equipment Renewal&Replacement 809,005.22 Total Committed $ 887,351.16 Assigned -General Fund Emergency Reserve $ 1,495,349.00 Unassigned $ 3,821.08 Total General Fund SPIA Investments: $ 2,386,521.24 Florida Safe General Fund Emergency Reserve-0.06% (average monthly) 1,273,052.73 Florida Safe Note 2021 -0.06% (average monthly) 200,297.44 Florida Safe ARPA Reserve-0.06%(average monthly) 5,265,135.51 $ 6,738,485.68 Total General Fund Florida Safe Investments: $ 6,738,485.68 Total General Fund Investments: $ 9,125,006.92 Special Revenue Funds Restricted (by outside party) Police Education Fund 12,601.68 Aerial Fund 32,369.82 School Crossing Guard Fund - Library Fund 168,091.58 Library Fund Restricted 185,249.35 Law Enforcement Trust Fund 1,803.33 Capital Expansion Funds: Fire Rescue Capital Expansion - General Government Capital Expansion Total Restricted $ 400,115.76 Total Special Revenue Fund SPIA Investments: $ 400,115.76 Enterprise Funds Wastewater Fund: Wastewater General-Unrestricted - Wastewater Fund Renewal&Replacement 389,660.32 $ 389,660.32 Stormwater Fund: Stormwater Fund-Unrestricted - Stormwater Fund Renewal & Replacement 332,959.23 $ 332,959.23 Total Enterprise Fund SPIA Investments: $ 722,619.55 TOTAL SPIA & FLSAFE INVESTMENTS $ 10,247,742.23 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • FEBRUARY 21, 2023 AGENDA ITEM SUMMARY • ITEM # 13 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 Aug Sept Oct Nov Dec Jan TOTAL —Jul 2022 2022 2022 2022 2022 2022 2023 No. of Registered - 186 185 185 189 201 221 221 Properties (Current) Remittance to City $44,450 $2,400 $3,900 $20,300 $1,250 $10,050 - $82,350 Total Vacation - 186 185 191 211 214 251 251 Rental BTRs (Current) Courtesy Notices 293 3 10 15 0 0 0 321 Sent NOV Issued 2 0 0 0 20 79 11 112 Number of Complaints 30 3 15 3 0 2 0 53 Hearings _ - _ 1 - 1 1 3 Scheduled Submitting Department Director: David Dickey Attachment: None. 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