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Home My WebLink Aboutcocc_council_mtg_packet_20230418CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA April 18, 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. - 6:10 p.m. Presentation of Proclamation declaring April 2023 as Parliamentarian Month in the City of Cape Canaveral to National Association of Parliamentarians representative Betti Cogswell. Presentation of Proclamation declaring Friday, April 28, 2023 as Arbor Day in the City of Cape Canaveral to promote urban forestry and awareness. 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 6:25 p.m. — 6:30 p.m. 1. Approve the Minutes of the City Council March 21, 2023 Regular Meeting. 2. Resolution No. 2023-04; reappointing members to the Community Appearance Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Bob Nienstadt and Angela Trulock) 3. Direct Staff to collaborate with, and request from, the Florida Department of Transportation and Space Coast Transportation Planning Organization recommendations for and implementation of interim safety measures, plans, and strategies, with partial support from the City's State Road A1A Replenishment Fund. PUBLIC HEARING I 6:30 p.m. — 6:40 p.m. 4. Ordinance No. 04-2023; updating construction standards related to the National Flood Insurance Program (NFIP) and participation in the NFIP's Community Rating System; amending Chapter 90, Article II Floodplain Management; amending Chapter 82, Buildings and Building Regulations; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading. City of Cape Canaveral, Florida City Council Regular Meeting • April 18, 2023 Agenda • Page 2 of 2 ITEMS FOR ACTION I 6:40 p.m. — 7:20 p.m. 5. Conditional Mediated Settlement Agreement related to the Special Magistrate Proceeding under Section 70.51, Florida Statutes (Florida Land Use and Environmental Dispute Resolution Act) in the matter Michael DiChristopher and Collete DiChristopher, Petitioner, v. City of Cape Canaveral, Florida, Respondent. 6. Approve proposal from L7 Construction, Inc. in the amount of $1,380,070 for the complete rehabilitation of two clarifiers at the Water Reclamation Facility and authorize the City Manager to execute same. 7. Approve four (4) proposed resilience -based project funding matches, of up to a combined $150,000 in the City's 2023/2024 Fiscal Year budget, for Hazard Mitigation Grant Program Applications for critical energy backup needs and flood mitigation. 8. Schedule a date and time in May 2023 for a City Council Workshop to review the Draft Summary Report for Projects presented at the Strategic Planning Retreat of March 29, 2023. ITEM FOR DISCUSSION I 7:20 p.m. — 7:30 p.m. 9. Discuss the installation of DrownZero stations near public beach crossovers in collaboration with the Cocoa Beach Rotary Club. REPORTS I 7:30 p.m. — 7:45 p.m. INFORMATIONAL I Items are presented for informational purposes only; no action to be taken. 10. Monthly Financial Report — February 2023. 11. 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 • APRIL 18, 2023 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Presentation of Proclamation declaring April 2023 as Parliamentarian Law Month in the City of Cape Canaveral to National Association of Parliamentarians representative Betti Cogswell. Department: Legislative Summary: The National Association of Parliamentarians (NAP) exists to further the educational interests of parliamentary procedure, the correct use of which protects the rights of individual members, the majority, the minority, absentees, and all of those together, all the while fostering orderly deliberation. Along with the Florida State Parliamentary Association, NAP is dedicated to educating leaders in effective meeting management through the use of parliamentary procedure. The NAP has, by adoption of a standing rule, designated April as Parliamentary Law Month, which honors Henry Martyn Robert, author of Pocket Manual of Rules of Order for Deliberative Assemblies, familiarly known as Robert's Rules of Order. The choice of April also honors the birth month of Thomas Jefferson, the third President of the United States of America and author of the first American manual of parliamentary practice. Present this evening to receive the Proclamation is Betti Cogswell, on behalf of the Apollo XI unit of the National Association of Parliamentarians of Brevard County. Submitting Council Member: Council Member Willis 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. Approved by City Manager: Mia Goforth for Todd Morley Official Proclamation City Of Cape Canaveral, Florida WHEREAS, the birth month of Thomas Jefferson, the third President of the United States of America and author of the first American manual of parliamentary practice, is an appropriate time to celebrate the use of parliamentary procedure; and WHEREAS, it is fitting to honor Henry Martyn Robert, author of Pocket Manual of Rules of Order for Deliberative Assemblies, familiarly known as Robert's Rules of Order; and WHEREAS, Roberts Rules of Order Newly Revised is the most widely used parliamentary authority in private and public organizations; and WHEREAS, The National Association of Parliamentarians (NAP) exists for to further the educational interests of Parliamentary Procedure, and that the State Associations assist in that purpose; and WHEREAS, the correct use of parliamentary procedure protects the rights of individual members, the majority, the minority, absentees, and all of those together, all the while fostering orderly deliberation; and WHEREAS, the NAP has, by adoption of a standing rule, designated April as Parliamentary Law Month; and WHEREAS, the NAP and the Florida State Parliamentary Association is a society dedicated to educating leaders anywhere in effective meeting management through the use of Parliamentary procedure; and WHEREAS, the vision of NAP is to provide parliamentary leadership to the world. NOW, THEREFORE, I, Wes Morrison, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby declare April 2023 as PARLIAMENTARY LAW MONTH Signed and Sealed this Day of Mayor CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • APRIL 18, 2023 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Presentation of Proclamation declaring Friday, April 28, 2023 as Arbor Day in the City of Cape Canaveral to promote urban forestry and awareness. Department: Legislative Summary: In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees and this holiday was first observed with the planting of more than a million trees in Nebraska. Arbor Day is now celebrated and observed throughout the United States and the world. It has been an annual tradition of the City of Cape Canaveral (City), designated a "Tree City USA" since 1990, to issue a Proclamation in celebration of Arbor Day, supporting efforts to protect our trees and woodlands, and to plant trees to gladden the heart and promote the well-being of current and future generations. A healthy urban tree canopy can produce numerous benefits, including a reduction in local temperatures, a decrease in air pollution, carbon sequestration, stormwater uptake, and aesthetic enhancements. Present this evening is Matt Kennard to receive the Proclamation on behalf of the Florida Forest Service. Also present is Tim Davis, City Arborist, for whom Public Works Services Director June Clark will commemorate his 25+ years of dedication and services to the community. Submitting Council Member: 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. Approved by City Manager: Mia Goforth for Todd Morley Official Proclamation City Of Cape Canaveral, Florida WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen and provide a habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our home and fuel for our fire; and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, beautify our community and are a source of joy and spiritual renewal; and WHEREAS, the City of Cape Canaveral is celebrating its 34th year as a recognized Tree City. NOW, THEREFORE, I, Wes Morrison, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim April 28, 2023 as ARBOR DAY in the City of Cape Canaveral and urge all citizens to celebrate Arbor Day, support efforts to protect our trees and woodlands and plant trees to gladden the heart and promote the wellbeing of this and future generations. Signed and Sealed this Day of Mayor ITEM # 1 DRAFT CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoToWebinar Tuesday March 21, 2023 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Council Member Kellum 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 Capital Projects Director Community and Economic Development (C+ED) Director C+ED Senior Planner C+ED Resilience Engineering Services Manager Executive Assistant to the City Manager/Office Manager Brevard County Sheriff's Office Lieutenant Canaveral Fire Rescue Chief Canaveral Fire Rescue Deputy Chief/Chief of Operations Todd Morley Anthony Garganese (arrived 6:03 p.m.) Mia Goforth Jeff Ratliff Dave Dickey Kyle Harris Lexi Miller Lisa Day Scott Molyneaux Dave Sargeant Chris Quinn APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: A motion was made by Council Member Willis, seconded by Council Member Davis, to approve the Agenda as written. The motion carried 5-0. PRESENTATIONS/INTERVIEWS: Presentation of Proclamation declaring April as "Water Conservation Month" to James Cannon, Intergovernmental Coordinator from the St. Johns River Water Management District: Mayor Morrison read and presented the Proclamation to Mr. Cannon. Mr. Cannon discussed the crucial importance of water conservation and simple ways to save water around the home. Resilience Engineering Services Manager Miller discussed the City's Adopt -A -Rain Barrel Program beginning April 2023. Presentation of a Proclamation in observance of March 29, 2023 as National Vietnam War Veterans Day to Post Commander Gerald "Jerry" Mierle, Veterans of Foreign Wars Post 10131 in Cape Canaveral, to honor Vietnam Veterans and their families on behalf of a grateful nation: Mayor Morrison read a prepared statement honoring all Veterans of the Vietnam War which included the story of United States Army Sergeant First Class, and Medal of Honor recipient Melvin City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • March 21, 2023 Minutes • Page 2 of 4 Morris, who was invited to attend the proceedings. Mayor Morrison requested the Council join him in standing in front of the dais while he read and presented the Proclamation to VFW Post 10131 Commander Mierle and Sgt. Morris. Council Member Kellum, who serves as the VFW Auxiliary President, presented a Vietnam War Veterans Flag from the VFW to Sgt. Morris who then presented it to the City, to be flown the week of National Vietnam Veterans Day, March 27-31, 2023. PUBLIC PARTICIPATION: City residents and property owners expressed grief and frustration over the loss of their longtime friend, neighbor, Vietnam War Veteran and City resident Bill Grover, after having been struck and injured crossing State Road A1A (A1A). Sarah Soloski, Calvin Hair, Edward Ring, Kristin O'Connor, Cheryl Sims, Deanna Randall, and Mary Beth Duggan each discussed the urgent need for immediate improvements on A1A, and requested help from City Council to install more cross -walks and/or traffic lights, especially in front of City Hall, before more injuries or deaths occur. Discussion included Council Members' expressed condolences, efforts over the past six years by the City to make A1A improvements a priority, mutual frustration over accidents and deaths on the roadway, the Florida Department of Transportation Improvement Plan for A1A (Plan), the City's desire to try to get improvements done in the interim before the Plan is implemented, and the need for pedestrians to use existing crosswalks when crossing the road. Michael Dagen, property owner, discussed the advantages of and desire to change the City's short-term rental minimum to three days. CONSENT AGENDA: Mayor Pro Tem Raymond removed Item 2. 1. Approve the Minutes of the City Council February 7, 2023 Workshop, and February 21, 2023 Workshop and Regular Meetings. 2. Resolution No. 2023-03; adopting a Golf Cart Local City Road Network Map within the jurisdictional limits of the City of Cape Canaveral; authorizing the purchase and installation of appropriate signage along said local street network; incorporating the Golf Cart Network Map into Chapter 74, Article IV of the City Code; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 3. Approve purchase and replacement of a new Air/Light Truck, in the amount of $600,000, as included in the FY22-23 Budget of Cape Canaveral Fire/Rescue Equipment. 4. Approve Right of Entry and Installation Agreement between Wave Development, LLC (Owner) at 8801 Astronaut Boulevard and the City of Cape Canaveral in the amount $49,508 and Authorize City Manager to execute same. A motion was made by Council Member Willis, seconded by Council Member Kellum, to approve the Consent Agenda Items 1, 3 and 4. The motion carried 5-0. #2 Discussion ensued and included opposition to and support for golf carts, the pros and cons of adopting the Resolution, the Council -approved Safety Study by Kimley Horn and Associates, electric bike and low -speed vehicle usage, streets deemed unsafe within the Safety Study, and the overall danger of crossing A1A. A motion was made by Council Member Kellum, seconded by Council Member Willis, to adopt Resolution No. 2023-03, as written. The motion carried 3-2, with Council Member Davis and Mayor Pro Tem Raymond voting against. City Attorney Garganese explained the Item. City Manager Morley discussed next steps including a fee resolution and inspection schedule to be presented to Council at the May Regular City Council Meeting. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • March 21, 2023 Minutes • Page 3 of 4 PUBLIC HEARINGS: 5. Ordinance No. 04-2023; updating construction standards related to the National Flood Insurance Program (NFIP) and participation in the NFIP's Community Rating System; amending Chapter 90, Article II Floodplain Management; amending Chapter 82, Buildings and Building Regulations; 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. There being no comment, the Public Hearing was closed. Resilience Engineering Services Manager Miller discussed how the community will be impacted regarding the changes to critical infrastructure the NFIP will make. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Willis, to adopt Ordinance No. 04-2023, at first reading. The motion carried 5-0. ITEMS FOR DISCUSSION: 6. Discuss tasking Jason Steele, City of Cape Canaveral Legislative Advocate, to work toward repeal or clarification of Senate Bill 4-D and relief of insurance premium increases for Florida homeowners. (Submitted by Council Member Willis): Council Member Willis explained the Item. Discussion ensued and included concerns regarding how the increase in insurance will impact the community and the City should the proposed Bill be passed into law, an email Mayor Morrison read into the record (attached), and Council Member attendance at the Florida League of Cities Legislative Action Days in April. Arlyn DeBlauw, resident and a Director of the Space Coast Condominium Association, discussed the urgent need to extend the structural engineer inspection requirement beyond December 2024 and concern regarding State legislators' failure to understand the full impact of the proposed measures. Shannon Roberts, resident, discussed revenues the City receives from condominium property owners, retirees on fixed income and possible negative impacts as a result of the insurance increases. City Manager Morley stated Mr. Steele received a copy of this Agenda Item last week and requested clarification from Council on the action preferred regarding Senate Bill 4-D to either repeal, amend or both. Discussion ensued regarding the action. A motion was made by Council Member Willis, seconded by Mayor Pro Tem Raymond, to task Jason Steele with advocating for the repeal of Senate Bill 4-D. The motion carried 5-0. 7. Discuss Parks, Recreation & Community Affairs department participation in bicycle safety certification provided by the Space Coast Transportation Organization. (Submitted by Council Member Willis): Council Member Willis explained the Item. Discussion ensued and included support for the idea, the City's past bicycle safety efforts, future educational opportunities, and coordination with the Brevard County Sheriff's Office. Council reached consensus for Staff to move forward with the Program. REPORTS: Mayor Pro Tem Raymond discussed participation on the Florida League of Cities (FLC) Advocacy Committee, top priorities and plan to attend the FLC Legislative Action Days the week of April 2, 2023. Council Member Willis discussed his plan to host Coffee with a Cop on April 3, 2023 at Banana River Park. Council Member Davis discussed plans to attend FLC Legislative Action Days the week of April 2, 2023 and looking forward to discussing ideas related to the Americans with Disabilities Act at the upcoming Strategic Planning Retreat. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • March 21, 2023 Minutes • Page 4 of 4 Council Member Kellum discussed appreciation for Staff in coordinating the Vietnam War Veterans Agenda Item, honoring those who served and who were in attendance earlier in the Meeting and looking forward to the Strategic Planning Retreat. Mayor Morrison discussed plans to attend FLC Legislative Action Days the week of April 2, 2023, thanked Staff and shared comments related to how today was a special Meeting regarding the City's chance to honor the Vietnam War Veterans. City Manager Morley discussed the City's Strategic Planning Retreat is scheduled for Wednesday, March 29, 2023, time off for vacation from March 30 through April 13, 2023 with City Clerk Goforth serving as Acting City Manager during that time, Coffee with the City Manager scheduled for Friday, March 24, 2023, and reported he will task Staff with scoping out the pros, cons and costs of a City -owned and operated electric vehicle charging program. ADJOURNMENT: The Meeting was adjourned at 7:46 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk From: Wes Morrison To: Mia Goforth; Daniel LeFever Subject: Fwd: HB 1395 Date: Tuesday, March 21, 2023 1:05:01 PM Hi Mia/Daniel, I plan on reading this short email into the record during our Discussion Item this evening and I will provide printed copies if needed. Wes Morrison Mayor City Hall Office 100 Polk Avenue Cape Canaveral, FL 32920 www.CityOfCapeCanaveral.org Begin forwarded message: From: Michael Hartman <mm1370@aol.com> Date: March 21, 2023 at 12:42:38 PM EDT To: Tyler.Sirois@myfloridahouse.gov, randyfine@hotmail.com, mayfield.debbie.web@flsenate.gov Cc: Don Willis<d.willis@cityofcapecanaveral.org>, Wes Morrison <W.Morrison@cityofcapecanaveral.org>, michaelnerlinger@gmail.com, gsdog129@gmail.com, bcogswe112@cfl.rr.com, jillybean50322@gmail.com Subject: HB 1395 Reply -To: Michael Hartman <mm1370@aol.com> Please amend HB 1395 to repeal SB 4D. The 172 condo owners at Puerto Del Rio Condominiums in Cape Canaveral are already struggling with inflation and rising insurance rates. Our insurance increased this year from $205,000 to $728,000. Our other operating expenses increased by approximately another $80,000. We are responsible condo owners and include preventative maintenance and capital expenditures in our budget to keep our property and buildings in first-class shape. The mandates created under SB 4D are another example of government dictating how people have to live their lives. Republicans are supposed to be the party of personal responsibility and small government. Republicans need to prove that by repealing SB 4D and allowing condominium associations the right to govern themselves free of costly and unnecessary government regulations. Sincerely, Michael Hartman President Puerto Del Rio HOA 8914 Puerto Del Rio Drive #303 Cape Canaveral, FL 32920 321-223-8650 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • APRIL 18, 2023 AGENDA ITEM SUMMARY • ITEM # 2 Subject: Resolution No. 2023-04; reappointing members to the Community Appearance Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Bob Nienstadt and Angela Trulock) Department: City Clerk's Office Summary: The terms for Community Appearance Board (CAB) Member Angela Trulock and CAB Vice -Chairperson Bob Nienstadt will expire May 1, 2023. Ms. Trulock has served on the CAB since being appointed to fill the rest of an unexpired, vacant term in September 2021. She has expressed a desire to continue serving for a new three-year term. Consistent with §2-171(f), City Code, Ms. Trulock is eligible for reappointment as she has only served a partial term up to this point. Following completion of this term, should she be reappointed, Ms. Trulock will be eligible for reappointment to the CAB for an additional term, consistent with §2-171(f), City Code. Mr. Nienstadt has served on the CAB since March 2012, and per Code would normally not be eligible for reappointment. Earlier this year, with the CAB already having one vacancy, Staff began reviewing four applications received that indicated the CAB as an interest, and contacted the submitters. Of these four applicants, two were no longer City residents, one indicated a preference to serve on a different board, and one could not be reached by Staff after multiple attempts. To ensure as few vacancies on the Board as possible, with there not being enough qualified applicants, Staff reached out to Mr. Nienstadt, who expressed interest in continuing to serve on the CAB for another three-year term. Following completion of this term, should he be reappointed, Mr. Nienstadt may be eligible for reappointment to the CAB for an additional term, provided no other qualified applicant(s) submit application(s) seeking appointment, consistent with §2-171(f), City Code. It is now incumbent upon the City Council to reappoint members to the CAB. Submitting Department Director: Mia Goforth Attachment: Resolution No. 2023-04 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. 2023-04. Approved by City Manager: Mia Goforth for Todd Morley RESOLUTION NO. 2023-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; REAPPOINTING MEMBERS TO THE COMMUNITY APPEARANCE BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 22-36 established a Board known as the Community Appearance Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint members to said Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Reappointment to City Advisory Board. Pursuant to Section 2-171(e) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby reappoints the following individuals to the Community Appearance Board: Bob Nienstadt and Angela Trulock shall be reappointed to serve until May 1, 2026. Following completion of these terms, Ms. Trulock will be eligible for reappointment and Mr. Nienstadt may be eligible for reappointment if no other qualified applicants submit applications seeking appointment, consistent with the limitations set forth in section 2-171(f), City Code. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 18th day of April, 2023. [Signature page follows] City of Cape Canaveral Resolution No. 2023-04 Page 1 of 2 ATTEST: Mia Goforth, CMC, City Clerk Wes Morrison, Mayor Name FOR AGAINST Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2023-04 Page 2 of 2 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • APRIL 18, 2023 AGENDA ITEM SUMMARY • ITEM # 3 Subject: Direct Staff to collaborate with, and request from, the Florida Department of Transportation and Space Coast Transportation Planning Organization recommendations for and implementation of interim safety measures, plans, and strategies, with partial support from the City's State Road A1A Replenishment Fund. Department: Community and Economic Development — Resilience Division Summary: Historically, City Council has formally recognized that State Road (SR) A1A serves as a major arterial corridor in the Cape Canaveral community, and therefore needs to effectively allow pedestrians, bicyclists, drivers, residents, visitors, and others to enjoy City amenities and local businesses in a safe manner. During the October 18, 2022 Regular Meeting, City Council unanimously adopted Resolution No. 2022-27, adopting the goal of Vision Zero, advocating that no loss of life is acceptable on our City streets, in partnership with the Space Coast Transportation Planning Organization (SCTPO). At the February 21, 2023 Regular Meeting, City Council unanimously adopted Resolution No. 2023-02 (Attachment 1), which included a list of safety priority items for SR A1A within Cape Canaveral city limits, including, but not limited to, new mid -block crossings at Taylor Avenue and Hayes Avenue. Given the continued increase in visitors and associated pedestrian and vehicular traffic in the City, Staff recommends approaching the Florida Department of Transportation (FDOT) and SCTPO to review, partner with, and prioritize the below: - Feasibility and safety studies, as appropriate and including, but not limited to: o A pedestrian safety study along SR A1A, from Hidden Harbor/Harlow Avenue to International Drive. o A pedestrian lighting study along SR A1A between Buchanan Avenue and International Drive, and elsewhere on SR A1A, where practicable; - An advance on priority for the proposed signalized midblock crossings at Taylor Avenue and Hayes Avenue, and elsewhere on SR A1A as detailed in Resolution No. 2023-02, Exhibit A "Prioritized SR A1A Improvements," where practicable; and - A set of recommendations for interim safety improvements along SR A1A between Buchanan Avenue and International Drive, and elsewhere on SR A1A, where practicable. - Additional studies and strategies for improved safety, access, and feasibility, as advised by FDOT and SCTPO. Additionally, the City Manager recommends committing the A1A Replenishment Fund, in part, to potential interim safety measures along SR A1A in the future, as practicable, to advance interim safety measures. Submitting Department Director: David Dickey Attachment: Resolution No. 2023-02 City of Cape Canaveral City Council Meeting • April 18, 2023 Agenda Item # 3_ Page 2 of 2 Financial Impact: Staff time dedicated to this item. Potential funds sourced from the City's SR A1A Replenishment Fund for future implementation. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Direct Staff to collaborate with, and request from, the Florida Department of Transportation (FDOT) recommendations for and implementation of interim safety measures, plans, and strategies, with partial support from the City's SR A1A Replenishment Fund. Approved by City Manager: Mia Goforth for 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. (Signature) Wes Morrison, Mayor ATTEST: Name FOR AGAINST Kim Davis X Mickie Kellum Second Wes Morrison X Angela Raymond X Don Willis Motion Mia Goforth, CMC, City Clerk: Approved as to legal form and sufficiency For the City of Cape Canaveral only by: (Signature) Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution 2023-02 Page 3 of 3 SEAL City of Cape Canaveral, Floirda 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. 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 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 No •Posted speed limit of 40 mph •No horizontal curvature on the southern end means a 35 mph posted speed is not achievable Somewhat •No separation between bicyclists and pedestrians •9’ wider sidewalk accommodates both bicyclists and pedestrians Somewhat •Midblock crossings with refuge islands and pedestrian hybrid beacons (PHB) •No raised crosswalks Yes •Continuous median provides corridor- wide controlled access •15.5’ raised median width is the absolute minimum width possible to maintain safety at 40 mph Somewhat •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 Yes •Some right-of-way impacts A1A Tomorrow | Space for Everyone Current Condition Alternative 1: 40 mph with Cycle Track, Two-Way Left Turn Lane, & Minor Landscaping 100’ Existing Right of Way Alternative 2: 40 mph with Wide Sidewalk, Median, & Low-level Landscaping 100’ Existing Right of Way 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. 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. PROJECT GOALS BASED ON THE CITY OF CAPE CANAVERAL’S RESOLUTION 35 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. 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 1 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. 100’ Existing Right of Way ROADWAY REDESIGN OPTIONS WITH TRAFFIC SIGNAL AT S.R. A1A/N. ATLANTIC AVE. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • APRIL 18, 2023 AGENDA ITEM SUMMARY • ITEM # 4 Subject: Ordinance No. 04-2023; updating construction standards related to the National Flood Insurance Program (NFIP) and participation in the NFIP's Community Rating System; amending Chapter 90, Article II Floodplain Management; amending Chapter 82, Buildings and Building Regulations; 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: The City of Cape Canaveral participates in the National Flood Insurance Program (NFIP) and also participates in the NFIP's Community Rating System (CRS), a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed minimum program requirements. The City is very fortunate to have achieved a CRS rating of Class 8, making citizens who purchase NFIP flood insurance policies eligible for up to a 10% premium discount. From time to time, the Florida Office of Floodplain Management updates and raises requirements for communities to maintain their respective CRS ratings. Accordingly, those communities participating in the CRS program are given the opportunity to make corresponding amendments to their municipal codes and floodplain management activities if they desire to maintain their ratings. In 2022, City Staff was contacted by the Florida Office of Floodplain Management in regards to updating City Code to be consistent with new Federal Emergency Management Agency policies. The Floodplain Management Specialist who spoke with Staff provided the newly proposed boilerplate amendments and verified that adoption of these amendments are prerequisites for the City to maintain its current CRS Class 8 rating. There is nothing else required at this time beyond the adoption of these amendments. The City Attorney has reviewed the proposed amendments and they have been incorporated into the proposed Ordinance No. 04-2023 (Attachment 1) which modifies Chapters 92 and 80 of City Code. City Code Chapter 90, Article II, Floodplain Management, specifies lowest Finished Floor Elevation (FFE) provisions and requirements for buildings and structures, based on location within a given Special Flood Hazard Area (SFHA). There have historically been specific exceptions for manufactured homes. The proposed amendments to Chapter 90 modify the regulations related to manufactured homes to require that all manufactured homes placed, replaced, or substantially improved in SFHAs must be elevated such that the bottom of the frame is at or above the lowest Finished Floor Elevation (FFE) required, as applicable to the SFHA, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V and Coastal A Zone). In addition, the proposed amendments to Chapter 90 create the following new damage mitigation requirements for non -elevated parking or storage -only accessory structures based on location within a SFHA, including: • Maximum structure size, minimum anchorage requirements and flood openings, • Flood -resistant building materials, and City of Cape Canaveral City Council Meeting • April 18, 2023 Agenda Item # 4 Page 2 of 2 • Mechanical, electrical and plumbing systems must be elevated to or above at least base flood elevation, plus 1 foot. City Code Chapter 82, Buildings and Building Regulations, adopts the Florida Building Code, as amended. This chapter further regulates specific elevation requirements for major structures, except for manufactured homes. The Florida Office of Floodplain Management requires a number of technical conforming amendments to this Chapter, some of which are based on the changes being made Chapter 90, but also included are technical changes related to previous amendments which have been brought into the latest edition of the Florida Building Code and can now be removed from City Code as superfluous. All of the proposed changes have been included in the Ordinance. They do not affect existing mobile/manufactured homes and associated accessory structures within the City, as the amendments only apply to manufactured homes and accessory structures that are newly placed, replaced, or substantially improved in flood hazard areas. At its February 22, 2023, Regular Meeting, the Planning and Zoning Board unanimously recommended approval of Ordinance No. 04-2023 to City Council, detailed in a Staff Memo (Attachment 2). At its March 21, 2023, Regular Meeting, the City Council unanimously approved Ordinance No. 04- 2023 at first reading. The Notice of Hearing was placed for advertisement in Florida Today on April 6, 2023, and the Ordinance is now presented for Second Reading and final adoption. Submitting Department Director: David Dickey Attachments: 1) Ordinance No. 04-2023 2) Memo Re: Planning and Zoning Board Recommendation — Ordinance No. 04-2023 Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Adopt Ordinance No. 04-2023 on second reading. Approved by City Manager: Mia Goforth for Todd Morley Attachment 1 1 ORDINANCE NO. 04-2023 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, FLORIDA, UPDATING CONSTRUCTION STANDARDS 5 RELATED TO THE NATIONAL FLOOD INSURANCE PROGRAM (NFIP) 6 AND PARTICIPATION IN THE NFIP'S COMMUNITY RATING SYSTEM; 7 AMENDING CHAPTER 90, ARTICLE II FLOODPLAIN MANAGEMENT; 8 AMENDING CHAPTER 82, BUILDINGS AND BUILDING REGULATIONS; 9 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT 10 ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE 11 CODE, SEVERABILITY 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 by 15 law; and 16 17 WHEREAS, the City of Cape Canaveral participates in the National Flood Insurance 18 Program and participates in the NFIP's Community Rating System, a voluntary incentive program 19 that recognizes and encourages community floodplain management activities that exceed the 20 minimum program requirements and achieved a CRS rating of Class 8, making citizens who 21 purchase NFIP flood insurance policies eligible for premium discounts; and 22 23 WHEREAS, in 2020 the NFIP Community Rating System established certain minimum 24 prerequisites for communities to qualify for or maintain class ratings of Class 8 or better; and 25 26 WHEREAS, to satisfy the prerequisite and for the City of Cape Canaveral to maintain the 27 current CRS rating, all manufactured homes installed or replaced in special flood hazard areas 28 must be elevated to or above at least the base flood elevation plus 1 foot, which necessitates 29 modification of the existing requirements; and 30 31 WHEREAS, the Federal Emergency Management Agency released FEMA Policy #104-008- 32 03 Floodplain Management Requirements for Agricultural Structures and Accessory Structures; 33 and 34 WHEREAS, the City Council has determined it appropriate to adopt regulations that are 35 consistent with the FEMA Policy to allow issuance of permits for non -elevated wet floodproofed 36 accessory structures that are not larger than the sizes specified in the FEMA Policy; and 37 38 WHEREAS, the City Council determined that it is in the public interest to amend the 39 floodplain management regulations to better protect manufactured homes and to continue 40 participating in the Community Rating System at the current class rating. 41 42 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this City of Cape Canaveral Ordinance No. 04-2023 Page 1 of 10 1 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of 2 Cape Canaveral. 3 4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 5 ORDAINS, AS FOLLOWS: 6 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by 7 this reference as legislative findings and the intent and purpose of the City Council of the City of 8 Cape Canaveral. 9 10 Section 2. Amending Chapter 90 Floods. The City of Cape Canaveral Code of 11 Ordinances, Chapter 90 Floods is hereby amended as set forth below (underlined (adding to the Code). type indicates 12 additions and strikeout (Stricken from Code). type indicates deletions, while *** indicate deletions from this Ordinance 13 of said Chapter 90 — Floods that shall remain unchanged in the City Code): 14 15 CHAPTER 90 FLOODS 16 17 *** 18 ARTICLE II. — FLOODPLAIN MANAGEMENT 19 20 Sec. 90-35. Submission of additional data to establish flood hazard areas. 21 To establish flood hazard areas and base flood elevations, pursuant to part E of this division, 22 the floodplain administrator may require submission of additional data. Where field surveyed 23 topography prepared by a Florida licensed professional surveyor or digital topography accepted 24 by the city indicates that ground elevations: 25 (a) Are below the closest applicable base flood elevation, even in areas not delineated as a 26 special flood hazard area on a FIRM, the area shall be considered as flood hazard area 27 and subject to the requirements of this article (adding to the Code). ordinance (Stricken from Code). and, as applicable, the 28 requirements of the Florida Building Code. 29 (b) Are above the closest applicable base flood elevation, the area shall be regulated as 30 special flood hazard area unless the applicant obtains a Letter of Map Change that 31 removes the area from the special flood hazard area. 32 *** 33 Sec. 90-70. Historic buildings. 34 A variance is authorized to be issued for the repair, improvement, or rehabilitation of a 35 historic building that is determined eligible for the exception to the flood resistant construction 36 requirements of the Florida Building Code, Existing Building, Chapter 11 (Stricken from Code). 12 ( adding to the Code). Historic Buildings, City of Cape Canaveral Ordinance No. 04-2023 Page 2 of 10 1 upon a determination that the proposed repair, improvement, or rehabilitation will not preclude 2 the building's continued designation as a historic building and the variance is the minimum 3 necessary to preserve the historic character and design of the building. If the proposed work 4 precludes the building's continued designation as a historic building, a variance shall not be 5 granted and the building and any repair, improvement, and rehabilitation shall be subject to the 6 requirements of the Florida Building Code. 7 *** 8 Sec. 90-77. Definitions. 9 Unless otherwise expressly stated, the following words and terms shall, for the purposes of 10 this article, have the meanings shown in this section. Where terms are not defined in this article 11 and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them 12 in that code. Where terms are not defined in this article or the Florida Building Code, such terms 13 shall have ordinarily accepted meanings such as the context implies. 14 Accessory structure. A structure on the same parcel of property as a principal structure and (adding to the Code). 15 the use of which is limited to parking and storage incidental to the use of the principal structure. (adding to the Code). 16 *** 17 Existing manufactured home park or subdivision. A manufactured home park or subdivision (Stricken from Code). 18 for which the construction of facilities for servicing thc lots on which thc manufactured homes are (Stricken from Code). 19 to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and (Stricken from Code). 20 either final site grading or the pouring of concrete pads) is completed before September 29, 1972. (Stricken from Code). 21 Expansion to an existing manufactured home park or subdivision. The preparation of (Stricken from Code). 22 additional sites by the construction of facilities for servicing the lots on which the manufactured (Stricken from Code). 23 24 final site grading or the pouring of concrete pads). (Stricken from Code) 25 *** 26 Historic structure. Any structure that is determined eligible for the exception to the flood 27 hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic 28 Buildings. 29 *** 30 Market value. The price at which a property will change hands between a willing buyer and a (Stricken from Code) 31 willing seller, neither party being under compulsion to buy or sell and both having reasonable (Stricken from Code). 32 knowledge of relevant facts. As used in this article, the term refers to the market (Stricken from Code). The (adding to the Code) value of 33 buildings and structures, excluding the land and other improvements on the parcel. Market value City of Cape Canaveral Ordinance No. 04-2023 Page 3 of 10 1 may be established by a qualified independent appraiser,(Stricken from Code). is the (adding to the Colde). actual cash value (in -kind 2 replacement cost depreciated for age, wear and tear, neglect, (adding to the Code). and quality of construction), 3 determined by a qualified independent appraiser, (adding to the Code). or tax assessment value adjusted to 4 approximate market value by a factor provided by the property appraiser. 5 *** 6 New manufactured home park or subdivision. A manufactured home park or subdivision for (Stricken from Code). 7 which the construction of facilities for servicing the lots on which the manufactured homes are to (Stricken from Code). 8 be affixed (including at a minimum, the installation of utilities, the construction of streets, and (Strickeen from Code). 9 either final site grading or the pouring of concrete pads) is completed on or after September 29, (Stricken from Code). 10 1972. (Stricken from Code). 11 Sec. 90-91. Elevation. 12 All manufactured homes that are placed, replaced, or substantially improved in flood hazard (adding to the Code) 13 areas shall be elevated such that the bottom of the frame is at or above the elevation required, as (adding to the Code). 14 applicable to the flood hazard area, in the Florida Building Code, Residential Section R3222.2 (Zone (adding to the Code). 15 A) or Section R322.3 (Zone V and Coastal A Zone). Manufactured homcs that arc placed, replaced, (Stricken from Code). 16 or subsantially improved shall comply with section 90-92 or 90-93, as applicable. (Stricken from Code). 17 Sec. 90 92. General elevation requirement. (Stricken from Code). 18 Unless subject to the requirements of section 90-93, all manufactured homes that are placed, (Stricken from Code). 19 replaced, or substantially improved on sites located: (a) outside of a manufactured home park or (Stricken from Code). 20 subdivision; (b) in a new manufactured homc park or subdivision; (c) in an expansion to an existing (Stricken from Code). 21 manufactured home park or subdivision; or (d) in an cxisting manufactured home park or (Stricken from Code). 22 subdivision upon which a manufactured home has incurred "substantial damage" as the result of (Stricken from Code). 23 a flood, shall be elevated such that the bottom of thc frame is at or above the elevation required, (Stricken from Code). 24 as applicable to the flood hazard area , in the Florida Building Code, Residential Section R322.2 (Strickend from Code). 25 (Zone A) or Section R322.3 (Zone V). (Stricken from Code). 26 Sec. 90-93. Elevation requirement for certain existing manufactured home parks and (Stricken from Code). 27 subdivisions. (Stricken from Code). 28 Manufactured homes that are not subject to section 90 92, including manufactured homes (Strickent from Code). 29 that are placed, replaced, or substantially improved on sites located in an existing manufactured (Stricken from Code). 30 home park or subdivision, unless on a site where substantial damage as result of flooding has (Stricken from Code). 31 occurred, shall be elevated such that either the: (Stricken from Code). 32 (a) Bottom of the frame of the manufactured home is at or above the elevation required, (Strickent from Code). 33 as applicable to the flood hazard area, in the Florida Building Code, Residential Section (Stricken from Code). 34 R322.2 (Zone A) or Section R322.3 (Zone V); or (Stricken from Code). City of Cape Canaveral Ordinance No. 04-2023 Page 4 of 10 1 (b) Bottom of the frame is supported by reinforced piers or other foundation elements of (Stricken from Code). 2 at least equivalent strength that are not less than 36 inches in height above grade. (Stricken from Code). 3 Sec. 90-94. (Stricken from Code). 90-92. (adding to the Code). Enclosures. 4 Enclosed areas below elevated manufactured homes shall comply with the requirements of 5 the Florida Building Code, Residential Section R322 for such enclosed areas, as applicable to the 6 flood hazard area. 7 Sec. 90 95. (Stricken from Code). 90-93. (adding to the Code). Utility equipment. 8 Utility equipment that serves manufactured homes, including electric, heating, ventilation, 9 plumbing, and air conditioning equipment and other service facilities, shall comply with the 10 requirements of the Florida Building Code, Residential Section R322, as applicable to the flood 11 hazard area. 12 Sec. 90-94-90-95. Reserved. 13 *** 14 Sec. 90-110. Non-elevated accessory structures. Accessory structures are permitted below (adding to the Code) 15 elevations required by the Florida Building Code provided the accessory structures are used only (adding to the Code). 16 for parking or storage and: (adding to the Code). 17 (a) If located in special flood hazard areas (Zone A/AE) other than coastal high hazard areas, (adding to the Code). 18 are one-story and not larger than 600 sq. ft. and have flood openings in accordance with (adding to the Code). 19 Section R322.2 of the Florida Building Code, Residential. (adding to the Code). 20 (b) If located in coastal high hazard areas (Zone V/VE), are not located below elevated (adding to the Code). 21 buildings and are not larger than 100 sq. ft. (adding to the Code). 22 (c) Are anchored to resist flotation, collapse or lateral movement resulting from flood loads. (adding to the Code). 23 (d) Have flood damage -resistant materials used below the base flood elevation plus one (1) (adding to the Code). 24 foot. (adding to the Code). 25 (e) Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated (adding to the Code). 26 to or above the base flood elevation plus one (1) foot. (adding to the Code). 27 *** 28 Section 3. Amending Chapter 82 Buildings and Building Regulations. The City of 29 Cape Canaveral Code of Ordinances, Chapter 82 Buildings and Building Regulations is hereby 30 amended as set forth below (underlined (adding to the Code). type indicates additions and strikeout (Stricken from Code). type indicates City of Cape Canaveral Ordinance No. 04-2023 Page 5 of 10 1 deletions, while *** indicate deletions from this Ordinance of said Chapter 82 - Buildings and 2 Building Regulations that shall remain unchanged in the City Code): 3 4 CHAPTER 82 - BUILDINGS AND BUILDING REGULATIONS 5 6 Sec. 82-31. Florida Building Code adopted. *** 7 The Florida Building Code 2010 edition, (Stricken from Code). as may be amended from time to time, as published 8 by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code 9 and is hereby adopted by reference and incorporated herein as if fully set out. 10 *** 11 ARTICLE IV. COASTAL CONSTRUCTION CODE 12 Sec. 82-88. Structural requirements for major structures. 13 (a) Design and construction. Major structures, except for mobile homes, shall be designed and 14 constructed in accordance with chapter 16 and section 3109 (adding to the Code). of the building code adopted in 15 section 82-31 using 150 Vult (adding to the Code). a three second gust at 130 miles per hour. (Stricken from Code). Major structures, 16 except mobile homes, shall also comply with the applicable standards for construction found 17 elsewhere in this code. 18 (b) Mobile homes. Mobile homes shall conform to the federal mobile home construction and 19 safety standards or the Uniform Standards Code ANSI A-119.1, pursuant to F.S. § 320.823, as 20 well as subsection (c) of this section. 21 (c) Elevation, floodproofing and siting. All major structures shall be designed, constructed and 22 located in compliance with chapter 16 and section 3109, as applicable, and chapter 90 of the (adding to the Code). 23 City Code the national flood insurance regulations as found in 44 CFR 59 and 60 or section (Stricken from Code). 24 90-26 ct seq. pertaining to flood damage prevention, whichever is more restrictive. (Stricken from Code). 25 *** 26 ARTICLE VI. LOCAL AMENDMENTS TO FLORIDA BUILDING CODE, BUILDING 27 Sec. 82-146. Administrative-amendments to Florida Building Code, Building (Stricken from Code). Reserved. (adding to the Code). 28 Add a new Sec. 104.10.1 as follows: (Stricken from Code). 29 104.10. 1 Modifications of the strict application of the requirements of the Florida Building Code. (Stricken from Code). 30 The Building Official shall coordinate with the Floodplain Administrator to review requests (Stricken from Code). 31 submitted to the Building Official that seek approval to modify the strict application of the (Stricken from Code). City of Cape Canaveral Ordinance No. 04-2023 Page 6 of 10 1 flood resistant construction requirements of the Florida Building Code to determine whether (Stricken from Code) 2 such requests require the granting of a variance pursuant to Section 117. (Stricken from Code). 3 Add a new Sec. 107.6.1 as follows: (Stricken from Code). 4 107.6.1 Building permits issued on the basis of an affidavit. Pursuant to the requirements of (Stricken from Code). 5 federal regulation for participation in the National Flood Insurance Program (44 C.F.R. (Stricken from Code). 6 Sections 59 and 60), the authority granted to the Building Official to issue permits, to rely on (Stricken from Code). 7 inspections, and to accept plans and construction documents on the basis of affidavits and (Stricken from Code). 8 plans submitted pursuant to Section 105.11 and Section 107.6, shall not extend to the flood (Stricken from Code). 9 load and flood resistance construction requirements of the Florida Building Code. (Stricken from Code). 10 Add a new Sec. 117 as follows: (Stricken from Code). 11 117 VARIANCES IN FLOOD HAZARD AREAS (Stricken from Code). 12 117.1 Flood hazard areas. Pursuant to section 553.73(5), Florida Statutes, the variance (Stricken from Code). 13 procedures adopted in Article II of Chapter 90 of this Codc shall apply to requests submitted (Stricken from Code). 14 to the Building Official for variances to the provisions of Section 1612.4 of the Florida Builing (Stricken from Code). 15 Code, Building or, as applicable, the provisions of R322 of the Florida Building Code, (Stricken from Code). 16 Residential. This section shall not apply to Section 3109 of the Florida Building Code, Building. (Stricken from Code). 17 Sec. 82-147. Technical amendments to Florida Building Code, Residential. 18 Modify a definition in Section 202 as follows: 19 SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction, rehabilitation, 20 addition or improvement of a building or structure taking place during a 10-year period, the 21 cumulative cost of which equals or exceeds 50 percent of the market value of the building or (Stricken from Code). 22 structure before the improvement or repair is started. For each building or structure, the 10- 23 year period begins on the date of the first improvement or repair of building or structure 24 subsequent to April 9, 2002. If the structure has sustained (Stricken from Code) incurred (adding to the Code). "substantial damage", any 25 repairs are considered substantial improvement regardless of the actual repair performed. 26 The term does not, however, include either: 27 1. Any project for improvement of a building required to correct existing health, sanitary 28 or safety code violations identified by the building official and that are the minimum 29 necessary to assure safe living conditions. 30 2. Any alteration of a historic structure provided that the alteration will not preclude the 31 structure's continued designation as a historic structure. 32 Modify Sec. R322.2.1 as follows: (Stricken from Code). 33 R322.2.1 Elevation requirements. (Stricken from Code). City of Cape Canaveral Ordinance No. 04-2023 Page 7 of 10 1 1. Buildings and structures in flood hazard areas not designated as Coastal A Zones shall (Stricken from Code all way down)... 2 have the lowest floors elevated to or above the base flood elevation plus 1 foot or the 3 design flood elevation, whichc is higher. 4 2. Buildings and structures in flood hazard areas designated as Coastal A Zones shall have 5 the lowest floors elevated to or above the base flood elevation plus 1 foot (305 mm), or 6 to the design flood elevation, which is higher. 7 3. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest 8 floor (including basement) elevated at Ieast as high above the highest adjacent grade 9 as the depth number specified in feet on thc FIRM plus 1 foot, or at least 3 feet if a 10 depth number is not specified. 11 4. Basement floors that are below grade on all sides shall be elevated to or above the base 12 flood elevation plus 1 foot or the design flood elevation, whichever is higher. 13 Exception: Enclosed areas below the design flood elevation, including basements whose 14 floors are not below grade on all sides, shall meet the requirements of Section R322.2.2. 15 Modify Sec. R322.3.2 as follows: 16 R322.3.2 Elevation requirements. 17 1. All buildings and structures erected within coastal high hazard areas shall be elevated 18 so that the lowest portion of all structural members supporting the lowest floor, with 19 the exception of mat or raft foundations, piling, pile caps, columns, grade beams and 20 bracing, is: 21 1.1 Located at or above thc base flood elevation plus 1 foot or the design flood 22 elevation, whichever is higher, if the lowest horizontal structural member is 23 oriented parallel to the direction of wave approach, where parallel shall mean less 24 than or equal to 20 degrees (0.35 rad) from the direction of approach, or 25 1.2 Located at thc base flood elevation plus 2 feet, or the design flood elevation, 26 whichever is higher, if the lowest horizontal structural member is oriented 27 perpcndicular to the direction of wave approach, where perpendicular shall mean 28 greater than 20 degrees (0.35 rad) from the direction of approach. 29 2. Basement floors that are below grade on all sides are prohibited. 30 3. The use of fill for structural support is prohibited. 31 4. Minor grading, and the placement of minor quantities of fill, shall be permitted for 32 landscaping and for drainage purposes under and around buildings and for support of 33 parking slabs, pool decks, patios and walkways. 34 Exception: Walis and partitions enclosing areas below the design flood shall meet 35 the requirements of Sections R322.3.4 and R322.3.5. City of Cape Canaveral Ordinance No. 04-2023 Page 8 of 10 1 Sec. 82-148. Technical amendments to Florida Building Code, Building:, and Florida 2 Building Code, Existing Building. (adding to the Code). 3 Modify a definition in Section 1612.2. as follows: 4 SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction, rehabilitation, 5 addition or improvement of a building or structure taking place during a 10-year period, the 6 cumulative cost of which equals or exceeds 50 percent of the market value of the building or (adding to the Code). 7 structure before the improvement or repair is started. For each building or structure, the 10- 8 year period begins on the date of the first improvement or repair of building or structure 9 subsequent to April 9, 2002. If the structure has sustained (Stricken from Code) incurred (adding to the Code) "substantial damage", any 10 repairs are considered substantial improvement regardless of the actual repair performed. 11 The term does not, however, include either: 12 1. Any project for improvement of a building required to correct existing health, sanitary 13 or safety code violations identified by the building official and that are the minimum 14 necessary to assure safe living conditions. 15 2. Any alteration of a historic structure provided that the alteration will not preclude the 16 structure's continued designation as a historic structure. 17 *** 18 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 19 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 20 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 21 22 Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the 23 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may 24 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, 25 and like errors may be corrected and additions, alterations, and omissions, not affecting the 26 construction or meaning of this ordinance and the City Code may be freely made. 27 28 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or 29 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 30 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 31 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 32 the validity of the remaining portions of this Ordinance. 33 34 Section 7. Effective Date. This Ordinance shall become effective immediately upon 35 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City 36 Charter. 37 38 39 City of Cape Canaveral Ordinance No. 04-2023 Page 9 of 10 1 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 18th day 2 of April, 2023. 3 4 5 Wes Morrison, Mayor 6 ATTEST: 7 8 For Against 9 10 Mia Goforth, CMC Kim Davis 11 City Clerk 12 Mickie Kellum 13 14 Wes Morrison 15 16 Angela Raymond 17 18 Don Willis 19 20 First Reading: March 21, 2023 21 Advertisement: April 6, 2023 22 Second Reading: April 18, 2023 23 24 Approved as to legal form and sufficiency 25 for the City of Cape Canaveral only by: 26 27 28 Anthony A. Garganese, City Attorney 29 City of Cape Canaveral Ordinance No. 04-2023 Page 10 of 10 Attachment 2 Memo Community + Economic Development TO: City Council VIA: Todd Morley, City Manager FROM: David Dickey, Community and Economic Development Director DATE: March 2, 2023 RE: Ordinance No. 04-2023, amending Chapter 90, Article II Floodplain Management; amending Chapter 82, Buildings and Building Regulations At its February 22, 2023 Meeting, the Planning and Zoning Board unanimously recommended City Council approval of Ordinance No. 04-2023, an ordinance of the City of Cape Canaveral, FL, updating construction standards related to the National Flood Insurance Program (NFIP) and participation in the NFIP Community Rating System (CRS); amending Chapter 90, Article II Floodplain Management; amending Chapter 82, Buildings and Building Regulations; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the code, severability and an effective date. Xc: Anthony Garganese, City Attorney CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • APRIL 18, 2023 AGENDA ITEM SUMMARY • ITEM # 5 Subject: Approve Conditional Mediated Settlement Agreement related to the Special Magistrate Proceeding under Section 70.51, Florida Statutes (Florida Land Use and Environmental Dispute Resolution Act) in the matter Michael DiChristopher and Collete DiChristopher, Petitioner, v. City of Cape Canaveral, Florida, Respondent. Department: City Manager's Office Summary: On December 20, 2022, the City Council considered Petitioner's application for a lot split of a previously platted single-family lot pursuant to the City's subdivision regulations set forth in Chapter 98 of the City Code. The subject property is located on the northwest corner of Ridgewood Avenue and E. Central Boulevard. The application sought to have two tax parcels (Id. # 24-37-14- 51-9-21.01 and Id. # 24-37-14-51-9-21.02) recognized as two developable lots. The tax parcels were never approved by the City Council and are not recognized by the City as developable lots. Due to a previous illegal subdivision of land that occurred in circa 1984, the tax parcels together only constitute a portion of Lot 21, Block 9, Cape Canaveral Beach Gardens Unit No. 2, according to the map or plat thereof, as recorded in Plat Book 17, Page(s) 81 and 82, of the Public Records of Brevard County, Florida because the westernmost 25.00 feet of Lot 21 is under different ownership. After conducting a hearing, the City Council adopted Resolution No. 2022-32 issuing a detailed development order denying Petitioner's application; however, the City Council recognized that Petitioner's two tax parcels, although only constituting a portion of the originally platted Lot 21, shall be considered as one developable lot for development permit purposes. On January 12, 2023, shortly after the adoption of Resolution No. 2022-32, Petitioner timely filed a Request for Relief pursuant to Section 70.51, Florida Statutes (Florida Land Use and Environmental Dispute Resolution Act)(hereinafter referred to as the "Act") staying the time period to file an appeal of the City Council's decision to the circuit court and invoking the special magistrate proceeding required by the Act. The Act allows an owner of real property to seek relief under the Act before a special magistrate if the owner believes that a development order issued by a governmental entity "unreasonably or unfairly burdens the use of the owner's real property." Generally under the Act, the first responsibility of the special magistrate is to facilitate a resolution of the conflict by mediation between the owner and the governmental entity by modifying the owner's proposed use of the property or adjusting the development order in an effort to find a mutually acceptable solution. If a mediated resolution of the dispute is not reached, the special magistrate is then required to conduct a hearing and hear from all parties and witnesses for purposes of determining whether the subject development order "unreasonably or unfairly burdens" the owner's use of the property. The special magistrate would then issue a final written recommendation to the governing body. In furtherance of complying with the Act, the Petitioner and the City agreed to the appointment of Attorney Paul Gougelman to serve as the special magistrate. Mr. Gougelman has extensive local government experience. As required by the Act, the parties then conducted a mediation with Special Magistrate Gougelman. During the mediation, a Conditional Mediated Settlement Agreement ("hereinafter referred to as the "Settlement Agreement") was reached subject to the City Council's approval at a duly noticed meeting. Special Magistrate Gougelman also issued an Order Approving Mediated Settlement ("hereinafter referred to as the "Order"). The Settlement Agreement and Order are attached to this Agenda Item. City of Cape Canaveral City Council Meeting • April 18, 2023 Agenda Item # 5 Page 2 of 3 The Order approves the Settlement Agreement and recommends the same to the City Council. The Order further sets forth a variety of deadlines and contingencies depending on the outcome of future decisions made by the City Council. If approved by City Council, the Settlement Agreement essentially permits Petitioner to seek a modification of the previously issued development order approved by the City Council on December 20, 2022. Specifically, within 30 days from the date Council approves the Settlement Agreement, Petitioner will be allowed to submit for consideration, by the Planning & Zoning Board and City Council, the modified lot split plan attached to the Settlement Agreement as EXHIBIT "A," along with a corresponding additional application requesting approval of several hardship variances pursuant to Section 98-4 of the City Code. The purpose of the hardship variances shall be for purposes of seeking approval of the modified lot split plan in all respects by the City Council at a public meeting under the requirements of Chapter 98 of the City Code. The modified plan shall be for the sole purpose of seeking approval to construct one detached, single-family home on each of the two proposed lots, and each home shall have a minimum building footprint of 2,000 square feet. The applications shall be timely processed by the City in accordance with the criteria and requirements set forth in the City Code, and the City Council shall render a decision on the applications in its sole discretion applying applicable City Code no later than September 29, 2023. To be clear, the Settlement Agreement does not formally approve the proposed lot split and corresponding variances. Rather, the Settlement Agreement allows the Petitioner to present the proposed modified lot split plan and hardship variances for the Planning and Zoning Board's and City Council's consideration under the normal lot split and variance process under Chapter 98 of the City Code. There are several other key dates specified in the Order depending on subsequent actions by the parties: a. If the Settlement Agreement is not approved by the City Council by May 5, 2023, the Special Magistrate will conduct a formal hearing required by Section 70.51(15), Florida Statutes on July 28, 2023. b. If the Settlement Agreement is approved, and the lot split and variances are not approved consistent with the Settlement Agreement, the Special Magistrate will conduct a formal hearing required by Section 70.51(15), Florida Statutes on December 15, 2023. c. If the Settlement Agreement is approved, and the lot split and variances are approved consistent with the Settlement Agreement, a special magistrate hearing will no longer be necessary and the Special Magistrate will issue an order closing these proceedings. Petitioner's Request for Relief, the City's Response, and Resolution No. 2022-32 are also attached to the Agenda Item as additional background information regarding this matter. Submitting Department Director: Anthony Garganese, City Attorney on behalf of Todd Morley, City Manager Attachments: 1. Special Magistrate Order Approving Mediated Settlement, dated March 31, 2023. 2. Conditional Mediated Settlement Agreement Subject to City Council Approval, dated March 28, 2023. 3. Petitioner's Request for Relief Pursuant to Section 70.51, Fla. Stat. 4. Respondent's Response to Petitioner's Request for Relief 5. Resolution No. 2022-32 (Development Order) City of Cape Canaveral City Council Meeting • April 18, 2023 Agenda Item # 5 Page 3 of 3 Financial Impact: Staff time and effort to prepare this agenda item; special magistrate and legal costs. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Approve Conditional Mediated Settlement Agreement related to the Special Magistrate Proceeding under Section 70.51, Florida Statutes (Florida Land Use and Environmental Dispute Resolution Act) in the matter Michael DiChristopher and Collete DiChristopher, Petitioner, v. City of Cape Canaveral, Florida, Respondent. Approved by City Manager: Mia Goforth for Todd Morley Attachment 1 SPECIAL MAGISTRATE, IN AND FOR THE CITY OF CANAVERAL, FLORIDA, MICHAEL DICHRISTOPHER and COLETTE DICHRISTOPHER, Petitioner v. CITY OF CAPE CANAVERAL, a Florida Municipal Corporation, Respondent ORDER APPROVING MEDIATED SETTLEMENT THIS MATTER came before the Special Magistrate as directed by statute. Having considered the statute, it is hereby DIRECTED as follows: 1. The mediating parties have approved and adopted a Conditional Mediated Settlement Agreement Subject to City Council Approval dated March 28, 2023 (the "Agreement"). A copy of the aforesaid Agreement is attached hereto as Exhibit "A" and by this reference incorporated herein. The Special Magistrate, acting pursuant to Section 70.51(17), Florida Statutes, as the mediator in these proceedings, hereby approves the Agreement and recommends the same to the Cape Canaveral City Council for approval. 2. The mediating parties in this proceeding consisted of Petitioners Michael and Colette DiChristopher and on the part of the Respondent City Attorney Anthony Garganese, City Manager Todd Morley, and Department Director Dickey. The Special Magistrate commends the mediating parties on their professionalism and finds that the negotiations and the mediation were conducted by the parties consistent with Section 70.51, Florida Statutes, and in good faith. Mediation discussions were frank and constructive. Each party successfully advocated and argued their position clearly and strongly, yet acted in a flexible manner aimed at obtaining a successful mediated settlement of the dispute. The Special Magistrate observes that the mediated settlement as reach by the parties is far more desirable to the parties than rulings by the Special Magistrate, or, alternatively, a court of Iaw 3. Consistent with the Agreement, the parties have agreed and the Special Magistrate hereby orders as follows: (a) The formal hearing originally scheduled to be held on April 21st, 2023, at 1 p.m. at the City of Cape Canaveral City Hall, 100 Polk Avenue, Cape Canaveral, Florida, be and the same is hereby cancelled. All requirements of advertising and preparation for the formal hearing as set forth in the Special Magistrate's Order of February 8, 2023, are hereby vacated. (b) The Agreement must be approved by the Cape Canaveral City Council by not later than May 5, 2023. Upon approval of the Agreement or failure to meet this deadline, the Respondent shall notify the Special Magistrate. (c) If the Agreement is not approved by the Cape Canaveral City Council by May 5, 2023, then the parties have agreed that the formal hearing provided for by Section 70.51(15), Florida Statutes, shall be held on July 28, 2023 at 1 p.m. at Cape Canaveral City Hall, 100 Polk Avenue, Cape Canaveral, Florida. (d) If the Agreement is approved by May 5, 2023 and the Petitioner timely files for the lot split and variances provided for in the Agreement, approval of the lot split and variances must be approved by the City by not later than September 29, 2023. Upon approval, the Special Magistrate shall be notified and an Order can be issued closing these proceedings. 2 (e) If the lot split and variances are not approved consistent with Agreement by September 29, 2023, then the parties have agreed that the formal hearing provided for by Section 70.51(15), Florida Statutes, shall be held on December 15, 2023 at 1 p.rn. at Cape Canaveral City Hall, 100 Polk Avenue, Cape Canaveral, Florida. Upon failure to approve the lot split and variances, the Special Magistrate shall be promptly notified by the Respondent. 4. Pursuant to Sections 70.51(17) and 286.011, Florida Statutes, if a formal hearing is to be held, the formal hearing is a public proceeding open to the public, and the hearing will be informal in nature, Notwithstanding the previous statement, fundamental due process will be adhered to. 5. In the event that a formal hearing is required consistent with the foregoing schedule, the Respondent is directed to have its City Clerk to prepare a legal advertisement advertising the formal hearing at the expense of the Respondent. The legal advertisement shall placed in a newspaper of general circulation meeting the requirements of Section 50.011 and 50.031, Florida Statutes, and on the Internet pursuant to Section 50.0211, Florida Statutes, at ten (10) days prior to the date of the formal hearing. The date, time, and location of the hearing, advising that the hearing is open to the public, the purpose of the hearing as being held pursuant to Section 70.51, Florida Statutes, to resolve a petition filed by Petitioner with regard to real property, and further advising the legal description of the property. The legal advertisement shall also include disclaimers consistent with Section 286.0105 and 286.26, Florida Statutes. The Respondent's City Clerk shall maintain copies of the initial petition of the Petitioner, and the response prepared by the Respondent, in the City Clerk's Office available for public inspection during regular City Hall business hours. The legal advertisement shall also advise the public that interested parties may inspect the initial petition of the Petitioner, and the response prepared by the Respondent, during regular 3 business hours in the City Clerk's Office at City Hall, during all weekdays (except during City holidays when City Hall is closed to the public), and may appear and observe the hearing. The legal advertisement should include the name of an individual at City Hall who answer questions regarding the nature of the proceeding and their phone number. 6. Pursuant to Section 286.0105, Florida Statutes, the parties are hereby advised that if they or another person decides to appeal any decision which may be made by the Special Magistrate at the formal hearing that you or said 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 will be based. This notice does not constitute consent by the Special Magistrate 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. 7. In compliance with the Americans With Disabilities Act (ADA) and Section 286.26, Florida Statutes, anyone who needs a special accommodation to participate in the formal hearing should contact the City's City Clerk at (321) 868-1230, ext. 207 at least 48 hours in advance of the meeting. 8. Pursuant to Section 70.51(12), Florida Statutes, Mr. Patrick Campbell sought to participate in the formal hearing schedule for April 21st, 2023. Notice is hereby given to Mr. Campbell of the cancellation of that formal hearing. 9. Notwithstanding the cancellation of the April 21s1, 2023 hearing, the Special Magistrate has been advised that Patrick Campbell has requested to participate in any formal hearing to be held. Pursuant to Section 70.51(12), Florida Statutes, Mr. Campbell is hereby authorized to participate in the hearing. However, Mr. Campbell shall not be granted party or intervenor status. Mr. Campbell's participation is limited to addressing issues raised regarding alternatives, variances, and other types of adjustment to the development order or 4 enforcement action which may impact his substantial interests, including denial of a development order or application of an enforcement action. Notice of the foregoing schedule of events and potential public hearings shall constitute notice to Mr. Campbell of formal hearings that may be required. 10. In the event that a formal hearing is required consistent with the foregoing schedule, pursuant to Section 70.51(13), Florida Statutes, each of the parties must make efforts to assure that those persons qualified by training or experience necessary to address issues raised by the request and further qualified to address alternatives, variances, and other types of modifications to the development order or enforcement action are present at the hearing. The parties are advised that the Special Magistrate may, upon request of either of the parties, issue a subpoena to compel attendance by any nonparty witnesses that the party believes will aid in the disposition of the matter. §70.51 (14), Fla.Stat. 11. By not later than thirty (30) days prior to a formal hearing that may be required, the parties shall advise each other and the Special Magistrate of any witnesses that the party intends to call at the formal hearing, together with contact information for that individual. Requests for issuance of subpoenas will be entertained at that time. All witnesses, including parties, testifying will be placed under oath. Attorneys not testifying as a witness or as an expert but merely presenting a party's case shall, to that limited extent, not be placed under oath. 12. In the event that a formal hearing is required consistent with the forgoing schedule, the Special Magistrate notes that Section 70.51(17), Florida Statutes, provides that the "object of the hearing is to focus attention on the impact of the governmental action giving rise to the request for relief and to explore alternatives to the development order or enforcement action and other regulatory efforts by the governmental entities in order to 5 recommend relief, when appropriate, to the owner." Section 70.51(17), Florida Statutes, provides that "the special magistrate shall consider the facts and circumstances set forth in the request for relief and any responses and any other information produced at the hearing in order to determine whether the action by the [City of Cape Canaveral].. . is unreasonable or unfairly burdens the real property." Section 70.51(18), Florida Statutes, further provides: (18) The circumstances to be examined in determining whether the development order or enforcement action, or the development order or enforcement action in conjunction with regulatory efforts of other governmental parties, is unreasonable or unfairly burdens use of the property may include, but are not limited to: (a) The history of the real property, including when it was purchased, how much was purchased, where it is located, the nature of the title, the composition of the property, and how it was initially used. (b) The history or development and use of the real property, including what was developed on the property and by whom, if it was subdivided and how and to whom it was sold, whether plats were filed or recorded, and whether infrastructure and other public services or improvements may have been dedicated to the public. (c) The history of environmental protection and land use controls and other regulations, including how and when the land was classified, how use was proscribed, and what changes in classifications occurred. (d) The present nature and extent of the real property, including its natural and altered characteristics. (e) The reasonable expectations of the owner at the time of acquisition, or immediately prior to the implementation of the regulation at issue, whichever is later, under the regulations then in effect and under common law. (f) The public purpose sought to be achieved by the development order or enforcement action, including the nature and magnitude of the problem addressed by the underlying regulations on which the development order or enforcement action is based; whether the development order or enforcement action is necessary to the achievement of the public purpose; and whether there are alternative development orders or enforcement action conditions that would achieve the public purpose and allow for reduced restrictions on the use of the property. (g) Uses authorized for and restrictions placed on similar property. (h) Any other information determined relevant by the special magistrate. 13. Section 70.51(23), Florida Statutes, provides that proceedings pursuant to the statute must be completed within 165 days after the filing of the petition for relief, filed in 6 January, 2023. The mediating parties have verbally agreed to the extension of the proceedings deadline consistent with the above schedule. Said extension of time be and the same is hereby approved. DONE and ORDERED at Indialantic, Brevard County, Florida, this 31st day of March, 2023. (Signature) Paul R. Gougelman Special Magistrate This Order Approving Mediated Settlement was served by first class certified U.S. Mail, return receipt requested, and by e-mail (as shown) on Anthony Garganese, Attorney for the City of Cape Canaveral at Garganese Weiss D'Agresta & Salzman, P.O. Box 2873, Orlando, FL 32802-2873 (email: agarqanese@orlandolaw.net), and on Michael and Colette DiChristopher, at 1765 Rochelle Parkway, Merritt Island, FL 32952 (email - mdichr@aol.com), and to Patrick Campbell, 307 Surf Drive, Cape Canaveral, FL 32920, on the 3rd day of April, 2023. (Signature) Paul R. Gougleman Special Magistrate 7 Attachment 2 Exhibit "A" SPECIAL MAGISTRATE, IN AND FOR CITY OF CAPE CANAVERAL, FLORIDA MICHAEL DICHRISTOPHER and COLETTE DICHRISTOPHER Petitioners, VS. CITY F CAPE CANAVERAL FLORIDA, a municipal corporation, Respondent. CONDITIONAL MEDIATED SETTLEMENT AGREEMENT SUBJECT TO ClTY COUNCIL APPROVAL THIS CONDITIONAL MEDIATED SETTLEMENT AGREEMENT (hereinafter as the "Agreement") is entered into by and between CITY OF CAPE CANAVERAL, a Florida Municipal Corporation (hereinafter "City"), and MICHAEL DICHRISTOPHER and COLETTE DICHRISTOPHER (hereinafter "Petitioner"), subject to and conditioned upon the approval of the City Council of Cape Canaveral, Florida at a duly noticed public meeting. The Parties hereby agree and stipulate as follows: 1. Petitioner acknowledges that the undersigned representatives of the City only have the authority to recommend a solution to the City Council of Cape Canaveral. This Agreement shall not become binding upon the City unless and until it is approved by a majority vote of the City Council of Cape Canaveral at a duly noticed public meeting. 2. The Parties acknowledge that this Agreement is given pursuant to the provisions Resolution No. 2022-32 Page 2 of 9 of the Florida Land Use and Environmental Dispute Act; specifically, Section 70.51(17)(a), Florida Statutes, to facilitate a resolution of the conflict between the City and Petitioner related to the Development Order approved by the City Council on December 20, 2022, as Resolution No. 2022- 32 (hereinafter "Development Order"). This Agreement sets forth a proposed modification of the Petitioner's use of the subject Property and adjustment to the Development Order subject to the terms and conditions stated herein. The Parties further acknowledge that this Agreement is a compromise of disputed claims and any agreement made hereunder shall not be construed as an admission of liability by any party. Without admitting any wrongdoing or liability, the Parties to this Agreement desire to amicably resolve all disputes between them, including, without limitation, all claims and counterclaims for damages, interest, attorneysfees and costs filed or could be filed in the above -styled matter. 3 Within thirty (30) days from the date that this Agreement is approved by the City Council and executed by the Mayor, Petitioner shall seek to modify the Development Order by filing a modified lot split plan, which shall be certified by Petitioner's licensed surveyor, to Petitioner's Lot Split Application that was previously filed under Section 98-66 of the City Code, along with a corresponding additional application requesting several hardship variances pursuant to Section 98-4 of the City Code. The hardship variances shall be for purposes of seeking approval of the modified lot split plan in all respects by the City Council at a public meeting under the requirements of Chapter 98 of the City Code. The modified plan shall be for the sole purpose of seeking approval to construct one detached, single-family home on each of the two lots. More specifically, Petitioner shall simultaneously file and seek approval from the City Council of the Resolution No. 2OZ2-32 Page 3 of 9 following: A. The modified lot split plan prepared by Kugelmann Land Surveying, Inc., dated March 16, 2023, which is attached hereto and fully incorporated herein as EXHIBIT °A°. (adding to the Code). The modified lot split plan provides legal descriptions for two proposed developable lots and their respective lot area, lot depth, lot width, setbacks and building envelope. The two lots shall be oriented east to west resulting in the front yard of the northern lot facing Ridgewood Avenue, and the front yard Of the southern lot facing Ridgewood Avenue, as a well as a front yard facing E. Central Boulevard. The side yard of the southern lot will be adjacent to the north property line, and the rear yard will be adjacent to the western property line. The structural orientation of the single family home constructed on the northern lot shall be oriented towards Ridgewood Avenue. However, the structural orientation of the single family home constructed on the southern lot shall be oriented towards E. Central Boulevard. The modified: lot split plan may be subject to minor adjustments mutually agreed to bythe Parties during the public meeting process, with the exception of the lot and structural orientation required by this Agreement which shall not be modified. B. Based on the modified lot split plan filed in accordance with 3(A) above, Petitioner shall file a, hardship variance application under Section 98-4 of the City Code seeking approval of several variances from the following Chapter 98 regulations: (i). The application of Section 98-107(a) —as the proposed northern lot does not conform bo chapter 110 of the City Code in that it is 62 + feet in width conmpaned to Resolution No, 20,22-52 Page 4 of 9 the 75 foot minimum width requirement set forth in Section 110-276. (ii). The application of Section 98-1107(b)[3) —corner lots for residential use shall have a width at least 15 percent larger than the width of interior lots along both adjacent streets in order to permit appropriate building setback from and orientation to both Streets. (iii). The application of 98-107(d)-double and reverse frontage lots should be avoided unless essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. (iv). The applications shall be timely processed by the City in accordance with the criteria and requirements of the City Code, and the City Council shall render a decision on the applications in its sole discretion applying the applicable City Code. Nothing herein shall limit restrict the Parties from considering other variance requests under Section 98-4 of the City Code, which later may be deemed necessary by the Parties, to effectuate the City Council's consideration and approval of the modified lot split plan filed in accordance with 3(A) above. 4. If the modified lot split plan is approved each single family home shall have a mininurm building footprint 2,OOO square feet. 5. During the time period in which the City's representatives are seeking the approval of this Agreement by the City Council and upon such approval, the Parties completing the processing of the applications required by Section 3 above, the special magistrate hearing required by Section 70.51, Florida Statutes shall be stayed and held in abeyance by the Special Resolution No. 2022-32 Page 5 of 9 Magistrate until such time as the City Council renders a final development order on said applications at a public meeting. The City shall file the final development order with the Special Magistrate within three (3) business days of it being issued by the City Council. Upon review of the issued development order, if the Special Magistrate determines that the City Council has approved the modified lot split plan requested by Petitioner in accordance with this Agreement, the Special Magistrate shall cancel the hearing and dismiss Petitioner's Petition for Relief. However, if the Special Magistrate determines that the City Council has not approved the modified lot split plan, the Special Magistrate will schedule and conduct the hearing required by Section 70.51, Florida Statutes as soon as reasonably practicable, unless the Parties mutually agree otherwise in writing and advise the Special Magistrate that the hearing is not necessary. 6. Except for the parties' obligations and performances due under this Agreement, and conditioned upon the approval of the modified lot split plan by the City Council and dismissal of the Petitioner's Petition for Relief by the Special Magistrate pursuant to Section 5 herein, the Parties hereby mutually remise, release, acquit, satisfy, and forever discharge each other, of and from all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, damages, judgments, executions, claims and demands whatsoever, in law or in equity which each party ever had against each other party relating to the underlying facts of the above -styled action, from the beginning of the world to the day of these presents. 7. The Special Magistrate is authorized to enter an order staying and abating the Resolution No. 2022-32 Page 6 of 9 above -styled action while the City's representatives are seeking approval of this Agreement by the City Council, and upon such approval, Petitioner's applications required hereunder are being timely processed by the City and neither party is in default under this Agreement. Such order shall also approve of this Agreement. 8. Should either party materially default under the terms of this Agreement, the non - defaulting party shall provide written notice of default to the defaulting party and an opportunity to cure said default within fourteen (14) days from the date said notice is delivered to the defaulting party. A copy of said notice shall be provided to the Special Magistrate. In the event that the defaulting party is the City, and the City fails to fully and timely cure said default, the Special Magistrate shall schedule and conduct the hearing required by Section 70.51, Florida Statutes, upon the filing of an affidavit by Petitioner attesting to the City's default and failure to timely cure under this Agreement. In the event the defaulting party is the Petitioner, and the Petitioner fails to fully and timely cure said default, the Special Magistrate may dismiss Petitioner's Petition for Relief, upon the filing of an affidavit by City's City Manager attesting to the Petitioner's default and failure to timely cure under this Agreement, unless Petitioner files an affidavit within five (5) business days from the filing of the affidavit by the City Manager demonstrating, by clear and convincing evidence, good cause for said default and providing adequate assurances to cure the default within a reasonable and timely manner approved by the Special Magistrate. 9. The Parties acknowledge that they have had the opportunity to obtain counsel to represent them prior to their execution of this Agreement and they have not relied upon any representations or advice of any other party or opposing counsel before executing this Resolution No. 2022-32 Page 7 of 9 Agreement. The Parties further acknowledge that they have voluntarily agreed to the terms of this Agreement and have not been coerced under any circumstances by any opposing party, counsel or the mediator. 10. The parties and their counsel further acknowledge that: (a) the Special Magistrate is and has remained a neutral, impartial facilitator/mediator for the Parties throughout the mediation required by Section 70.51, Florida Statutes; (b) although the Special Magistrate is a licensed attorney in Florida and may have used his experience to make observations or play "devil's advocate" during the course of the mediation, nothing the mediator did or stated during the mediation was relied upon by the Parties or their counsel as legal services, legal advice or a legal opinion of the Special Magistrate; (c) the Special Magistrate did not make any decisions for the Parties regarding whether to settle their dispute and/or on what terms to settle; (d) the Special Magistrate did not render any legal services or legal advice in connection with the drafting of this Agreement, except as a scrivener; and (e) the Parties have solely relied upon their own advice and/or advice of their counsel for the drafting and execution of this Agreement. 11. This Agreement is the entire agreement between the Parties and any modification or change hereof shall be in writing and signed by all Parties and their attorneys. Except as otherwise provided herein, each party to this Agreement shall bear their own attorneys fees and costs. 12. Should any dispute or legal action arise out of or relate to this Agreement or any of its provisions, each party shall bear their own attorneys fees and costs, through all legal proceedings and appeals. Resolution No. 2022-32 Page 8 of 9 13. The persons signing this Agreement hereby represent and warrant that they have full and complete capacity and authority to execute this Agreement. 14. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original agreement and both of which shall constitute one and the same agreement. The counterparts of this Agreement may be executed and delivered by facsimile or other electronic signature (including portable document format such as DocuSign) by any or all of the Parties and the receiving party may rely on the receipt of such document so executed and delivered electronically or by facsimile as if the original had been received. 15. The Parties acknowledge that the underlying mediation conducted by the Special Magistrate and Parties which resulted in this signed Agreement was required by Section 70.51(17), Florida Statutes, and therefore was conducted in accordance with the requirements of Section 44.401-44.406 (aka the "Mediation Confidentiality and Privilege Act.") The Parties further acknowledge that all mediation communications shall be deemed confidential and may only be disclosed if allowed by law pursuant to Section 44.405, Florida Statutes. Notwithstanding, the Parties agree that no confidentiality or privilege attaches to this Agreement upon execution by the Petitioner, the representatives of the City participating in the mediation, and the Special Magistrate, and upon such execution, this Agreement may be publicly disclosed by the City as a public record. 16. In accordance with the City's regular schedule to prepare and publish City Council agenda meeting packages, this Agreement shall be presented by the City Manager and City Attorney to the City Council for consideration and approval at the City Council's next regularly Resolution No. 2022-32 Page 9 of 9 scheduled and held meeting following the approval of this Agreement by the Parties. Subject to City Council consideration and approval, this Conditional Mediated Settlement Agreement was approved at Mediation by Petitioner, the City's duly authorized representatives, and the Special Magistrate on this 28th day of March, 2023. CITY OF CAPE CANAVERAL (Signature) By: Todd Morley, City Manager Date:3/28/23 (Signature) By: Anthony A. Garganese, City Attorney Date: 3/28/23 Approved by the City Council of Cape Canaveral on this _ day of April, 2023. By: ______________ Wes Morrison, Mayor PETITIONERS (Signature) By: Michael DiChristopher Date: 3/28/23 (Signature) By: Colette DiChristopher Date: 3/28/23 SPECIAL MAGISTRATE (Signature) By: Paul R. Gougelman Special Magistrate Date: 3/28/23 ABBREVIATIONS. END FOUND NWD NAIL 8 DISK ID 1DENTIFICATI©;N D/L CENTERLINE SE-1 #4 REBAR 4 CAP PLAN ID: LS 5117) ,l•, MEASURE 9.U.8. D.E. PUBLIC UTILITIES 1. DRAINAGE EASEMENT P.U.E. PUBLIC UTILITIES EASEMENT OCEAN WOODS PARCEL ED: 24-37-14-84-A LOT 20.01, BLOCK 9 I X z' SET 991 REBAR 8. CAP ('D: LS 51==.7) LOT 20 BLOCK 9 SET 1\&D ID: PLS 5117) BEARING REFERENCE LINE N50'00'00"E 275.00 JP, 589'54'13"E 274.91 15 FND 214 REBAR IND ID) 6' CL> 0 10 GRAPHIC SCALE N90,00'00'0 73.90 0 46 1 IN FEET 1 1 INCH = 20 FEET N94'00'OD"E 125.00 8;11 LD I NG ENVELOPE 121. 40 VACANT LAN PARCEL 1 0.17 ACRE, 7529.50 SQUARE FEET ;BUILDING ENVELOPE 3E278.32 SQUARE FEETj7 0-075 ACRES 5 25.0 _,L S90'00 00'W SO.57 ` _r m Q 0 BLOWING ENVELOPE I490°O:7 00"E 117.81 74 FIND u5 REBAR / (NO ID) / `ND 3" x 3" CONCRETE MONUMENT (ID: PRM LB162) 3DI !DING EN9ELOPE `ND /2" NRDICD'GC"W sG.Go ( GROUND R00 Cf nJ VACANT LAND PARCEL 2 D--4 0.22 ACRE 9545.77 SQUARE FEET BUILDING ENVELOPE 3.347,69 SQUARE FEET s 0.077 ACRES ( ? PALIO TREE - CURVE DATA: ( TYI' ) 1 590°u0'U0"W z5.4 BUILDING 888.5EL OPE SET N7D (JD: PLS 5117) SSO`DO'00"W 53.93 2' MIAMI CURB (TYPI RANDS. 35.00 ` DELTA: R3 88'10" 413 ARC: 50..94' f CURVE DATA: RADIUS: 60.0E DELTA: 83' 26' 1 0" ARC: 87.32' SANITARY SEWER-, MANHOLE CENTRAL BOULEVARD (80' RIGHT OF WAY) C: END 3' x 3" CONCRETE MONUMENT 1N0 ID) 'STOP' SIGN METAL LIGHT POLE i61111II'ttt4 KuGt.. LASE FVllt 5117 STATE OF FLORIDA E 18llllll KUGELMANIN LANSI SURVEYING, INC. 30 NGRTN TROPICAL TRAIL. SUITE B MERRIT1 ISLAND. FLORIDA 32953 L.B. N0. 6575 PHONE :321I 459-0930 MAP OF BOUNDARY SURVEY PREPARED FOR AND CERTIFIED[ T©: MIKE DICIER) STONER _... LEGAL DESCRIPTION, PARCEL I. THE NORTH 52.02 ;FEET LESS THE WEST 25.00 FEET CF LOT 21. BLOCK 9. CAPE CANAVERAL BEACH GARDENS UNIT 140.2 ACCORDING `0 THE MAP UR PLAT THEREOF. AS RECORDED IN PLAT BOOK 17 AG -IS) 6.1 AND 82. OF THE PUBLIC RECORDS OF BREVARD COUNTY. FLORIDA. PARCEL 2 LOT 2=. LESS THE NDRT:1 62.02 FEET AND LESS THE WEST 25.00 FEET THEREOF. BLOCK 9. CAPE CANA'VERAL BEACH GARDENS UNIT NO 2. ACCORDING l0 .HE 4'OP 09 PLAT THEREOF. AS RECORDED IN PLAT 800K 17. PAGES: 81 AND 82. OF THE PUBLIC RECORDS OF BREVARD COUNTY. FLORIDA. SURVEYOR'S NOTES... 1. FLOOD ZONE "9' PER EL OLD ;NSuRAN0E RATE MAP 12009C0303C. _. 01/2912021. 2. FENCE OWNERSHIP UNKNOWN. 3. ND APPARENT ENCROACHMENTS NOTED. 4. SJ0JECT TO ANY EASEMENTS ANDWOR RIGHTS -OF -WAY OF RECORD, S. INES SURVEY WAS PERFORMED W: '1`.:T THE O_NE-IT OF A TITLE SEARCH. G. SURVEY DOES NOT 0ARRAN ITITLE 7. UN003000UNO FOUNOA.3 DN5 AND/OR UTILITIES ;NUT LOCATED AT TIT& DE SURVEY. 9. THIS SURVEY WAS PREPARED FOR THE Ex1Lus[VE LIRE GF THE CLIENT IS1 SFIGW'N HEREON; COPIES ARE OATH 04LY WHEN SIGNED. DATED AND SEALED WIT] THE 500557DR5 SEAL. REVISED TO ADO CITY COMMENTS 08/16/23+. UPDATED :SURVEY 10/25/21 DESCRIPTION DATE REVIS1'JNS =. SIGNATURES DATE ;. FIELD C0MPLETILI.N _.. 10/26/18 DRAWN: KK iY 11/01/15 CHECKED: hSJF/JIRM 11 /C71/18 SURVEYOR. DJK 11/0'218 FIELD BOOK NO.81 0 75 160. Id D. 20 6113_BNEY DC4' SCALE: 1" = 2i1' 1 OF 1 PR0.1. NO. 2016113 SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE SURVEY DEPICTED ICED HEREON IS TRUE AND MEETS THE MINIMUM TECHNIGAL STANDARDSs SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J 7 05i, FLORIDA ADMINISTRATIVE ODDSPURSUANT TO SECTION 472.027. FLORIDA STA?UT=S- Daved J Digitally signed by GaviAJ pp 'Kugelmann t Kug elrn rn Date: 21123,03.1612:54:47-04'00` DAVID J. KUCELMANN P=L.S. NO. 5'17 STATE DE FLORIDA Attachment 3 MICHAEL DICHRISTOPHER'S & COLETTE DICHRISTOPHER'S REQUEST FOR RELIEF PURSUANT TO CHAPTER 70 SECTION 51, FLA STAT (2022) Michael and Colette DiChristopher (the "DiChristophers"), as Owners of two adjacent Tax Parcels, Parcel ID 24-37-14-51-9-21.01 and Parcel ID 24-37-14-51-9- 21.02 (the "Properties"), located at the corner of Ridgewood Ave. and E. Central Blvd. Cape Canaveral, Florida, hereby file this Request for Relief, pursuant to 70.51, Fla. Stat. (2022), from the Development Order rendered December 20, 2022. The Development Order, entitled City of Cape Canaveral DiChristopher Lot Split Application Development Order, effectively denied the Owners' Lot Split Application and the right to develop two single family homes. The Development Order and Resolution No. 2022-32 is attached hereto. Pursuant to 70.51(4), Fla Stat., the DiChristophers hereby request that Cape Canaveral City Council (the "City") forward this Request for Relief to a mutually agreeable Special Magistrate within the ten (10) day requirement for doing so. A. Brief Statement of Proposed Use of the Properties: The DiChristophers proposed use of the Properties were to build two single family homes, one on each Tax Parcel, that were separated out by deed in 1984 from one platted lot ("Lot 21") within Cape Canaveral Beach Gardens Unit 2 ("subdivision"). The DiChristophers Lot Split Application was to seek approval by the City to recognize the two legally described tax parcels as two developable lots. Prior to 2010, and dating back to 1962 (City Ordinance 12-62), the City required "re - platting" in order to subdivide one parcel into "two" or more parcels. The Lot Split Application process, adopted in 2010, now required the DiChristophers to split Lot 21, retroactive, because no official record existed authorizing it's subdivision into two developable lots. Complicating the issue was that the City had no official record of any of the more than 30 lots that were separated out by deed, but were in fact recognized by the City as developable. Eight of those lots are corner lots, and four of the eight are almost identical in legal and physical nature as the DiChristopher properties. B. Summary of the Development Order The Development Order, which is a final order with no appeal, prohibits the DiChristophers from developing the Property for their proposed use. Chapter-98 (Subdivisions), Sec 98-66 provides a waiver from the platting process when subdividing a platted lot into one additional parcel. Section 98-66 falls under Article II. - PLATS AND LOT SPLITS, Division 5. - LOT SPLITS. At it's August 3, 2022 meeting, the Planning and Zoning Board unanimously approved the Lot Split Application that was supported by City staff and the City's consulting engineer on the project (engineer's letter attached). The application met all the requirements and review criteria of Division 5. LOT SPLITS Sec. 98-66. Some time between August 3, 2022 and October 18, 2022, staff received comments from a neighbor that pointed out a provision in the subdivision code (Sec. 98-107(b)(3) that required corner lots to be designed 15% larger than the width of interior lots along both adjacent streets. City staff and the City consulting engineer reversed their recommendation to City Council by taking into consideration Sec. 98- 107(b)(3) under Chapter -98 Article III -CONSTRUCTION of a subdivision and Article IV. - IMPROVEMENTS, Division 2. - DESIGN STANDARDS . At it's October 18, 2022 Meeting, City Council applied Sec 98-107(b)(3) to the review criteria and directed the City Attorney to bring back a proposed final order to deny DiChristophers Lot Split Application and to recognize the properties as one singular developable home site lot. DiChristophers properties, specifically the corner lot, did not meet the 15% additional width when it was subdivided out by deed in 1984. Sec. 98-66(4)(a) states 'the proposed lot split shall in every aspect meet the criteria established elsewhere in this chapter and the city code for the category of zoning and other relevant codes and applicable law under which the property is zoned' (bold type and emphasis added). Sec. 98-66(4)(a) references that the criteria needing to be met in every aspect is for the category of zoning and its relevant codes, and not the code for subdivision CONSTRUCTION, IMPROVEMENTS and DESIGN STANDARDS as set forth in Sec. 98-107(b)(3) where corner lots in new developments be designed 15% larger in width of interior lots along adjacent streets. Referring to just corner lots, the City is applying a construction and design code standard to a 1962 platted subdivision that contained fourteen corner lots of which at least seven of them did not meet Sec. 98-107(b)(3). Subsequently, the City allowed eight of those fourteen platted corner lots to be further subdivided by deed, similar to DiChristophers properties, and recognized them as developable corner lots, regardless that they did not conform to Sec. 98-107(b)(3), nor were they re -platted according to City Ordinance 12-62. C. Brief Statement of the Impact of the Development Order Because of the Development Order, the DiChristophers cannot construct two single family residences and cannot achieve their proposed use of the property. The denial of the Lot Split Application was unwarranted especially in light of the City's Planning and Zoning Board's unanimous recommendation for approval. For the City Council to apply the CONSTRUCTION, IMPROVEMENTS and DESIGN STANDARDS of Chapter 98 to an existing subdivision platted in 1962, was arbitrary and unjust, especially where Section 98-66 (4)(a) references that the criteria to be met is one related to zoning, and not DESIGN STANDARDS to permit a subdivision. It is evident that the DESIGN STANDARDS of 98-107(b)(3) were not met in at least 50% of the 1962 plat nor the subsequent eight subdivided corner lots. An Administrative rezoning of Cape Canaveral Beach Gardens Unit 2 in 1979 from multifamily residential (R2) to single family residential (R1), prompted many property owners to subdivide their platted lots by deed and not by re -platting as required by City Code 12-62. The City recognized these more than 30 plus deeded lots as developable lots and the DiChristophers are requesting the same equitable recognition and treatment that their lots are also developable, especially when the City approved four very similar corner lots for development that didn't meet the 15% larger in width design. In summary, the Development Order that denied the request to recognize two developable lots, is unreasonable and unfairly burdens the use of the properties. Until the process specified in Chapter 70 Section 51, Fla. Stat., is completed, the DiChristophers seek: (1) a Special Magistrate proceeding of this matter and (2) a tolling of the time for seeking judicial review of the Development Order. I HEREBY CERTIFY that this Request for Relief has been filed by hand delivery to Mayor Wes Morrison, 100 Polk Ave. P.O. Box 326 Cape Canaveral, FL. 32920 and also by eservice at w.morrison@cityofcapecanaveral.org , with copy to City Attorney Anthony Garganese at agarganese@orlandolaw.net on January 12, 2023. Michael DiChristopher (Signature) Lot Split Applicant Attachment 4 SPECIAL MAGISTRATE, IN AND FOR THE CITY OF CAPE CANAVERAL, FLORIDA, MICHAEL DICHRISTOPHER and COLETTE DICHRISTOPHER, Petitioners, v. CITY OF CAPE CANAVERAL, a Florida Municipal Corporation, Respondent. RESPONDENT'S RESPONSE TO PETITIONER'S REQUEST FOR RELIEF Respondent, the CITY OF CAPE CANAVERAL, FLORIDA, by and through its undersigned counsel, hereby files this Response to Petitioner's "Request for Relief Pursuant to Chapter 70 Section 51, Fla Stat (2022)," received on January 12, 2023, and says: 1. The Development Order issued by the City on December 20, 2022, as Resolution No. 2022-32, is not unreasonable and does not impose an unfair burden on the subject property. The Brevard County Property Appraiser and 1 Tax Collector identify the subject property as two tax parcels because of deeds recorded with the Clerk of Court in 1984 by a previous property owner. However, the subject property actually consists of all of Lot 21, Block 9, Cape Canaveral Beach Gardens Unit No. 2, according in the map or plat thereof, as recorded in Plat Book 17, Page(s) 81 and 82, of the Public Records of Brevard County, Florida ("Plat"), with the exception of the westernmost 25.00 feet thereof. The Plat was approved by the City Council in 1962. The subject property (identified as a part of Lot 21 on the Plat) is intended to be used as one residential single-family lot oriented towards E. Central Boulevard, not as two single-family Tots oriented towards Ridgewood Avenue as requested by Petitioner. The tax parcels were created without the City's approval, as is required under its local subdivision regulations. Accordingly, the tax parcels are contrary to the provisions and intended purpose of the Plat approved by the City Council. Even though the tax parcels are a creature of an unlawful subdivision of land, and the western 25.00 feet of Lot 21 is not owned by Petitioner, the City Council acted reasonably and fairly in denying Petitioner's lot spit application by proceeding to recognize either the Remainder of Lot 2 21 (which consists of Petitioner's two tax parcels), or Lot 21 as originally platted, as one developable lot for development permit purposes. This would allow the Petitioner to construct one single-family home on the subject property as intended by the City Council in its 1962 approval of the Plat and in accordance with the current R-1 zoning district and other applicable code provisions. The reasonableness and fairness of the City Council's decision is buttressed by the fact that the subject property, as well as the other related properties unlawfully subdivided by the previous owner in 1984 (Lots 19 and 20 of the Plat), are vacant and have never been developed. 2. The City Council adopted Resolution No. 2022-32 on December 20, 2022, approving a detailed written Development Order denying Petitioner's application for a lot split of a previously platted single-family lot, and setting forth the basis of denial and the position of the City regarding the matters alleged by Petitioner. Respondent hereby fully incorporates the Development Order into this Response by reference. 3. Petitioner's lot split application involved a request to approve a division of land under the City's subdivision regulations set forth in Chapter 98 of the 3 Cape Canaveral Code. Chapter 98 is a comprehensive local regulation providing a procedure for property owners to submit applications requesting the dividing of land into two or more parcels within the City of Cape Canaveral. The division of land requires City Council approval by plat, or in limited situations and upon request of a property owner, a lot split resolution provided the proposed division of land does not result in the creation of more than two Tots. Section 98-31, Cape Canaveral Code. Chapter 98 was enacted in furtherance of the minimum platting requirements and authority granted to municipalities under Florida Statutes Chapter 177, Part I, Platting. In addition, Chapter 98 was adopted in accordance with Section 163.3202 (2)(a), Florida Statutes, which requires each municipality to enact local land development regulations including detailed and specific provisions regulating the subdivision of land. Therefore, the public purpose behind Chapter 98 includes satisfying the requirements of Florida law. Subdivision regulations, like Chapter 98, generally promote the public interest by ensuring the safe and orderly layout, identity, development, and use of land within a community. 4 4. The public purpose and more particular public interests supporting the Development Order are also reflected in the detailed review criteria set forth in Section 98-66(b)(4) of the City Code as follows: (4) Review criteria. Before any lot split is recommended for approval by the planning and zoning board or approved by the city council, the applicant must demonstrate, and the planning and zoning board or city council must find, that the proposed lot split meets the following criteria: a. The proposed lot split shall in every respect meet the criteria established elsewhere in this chapter and the city code for the category of zoning and other relevant codes and applicable law under which the property is zoned. b. The application is consistent with the city's comprehensive plan. c. The application does not create any lots, tracts of land or developments that do not conform to the City Code. d. The application provides for proper ingress and egress to all affected properties through a public or approved private street or perpetual cross access easements. e. The application is compatible and in harmony with the surrounding neighborhood including with respect to the size of existing surrounding lots and development trends in the neighborhood which have been previously approved by the city council. f. The application does not create burdensome congestion on the streets and highways. g. The application promotes the orderly layout and use of land. h. The application provides for adequate light and air. i. The application does not create overcrowding of land. j. The application does not pose any significant harm to the adequate and economical provision of water, sewer, and other public services. 5 5. The crux of the matter is that Petitioner acquired two vacant tax parcels in 2018 which are only a portion of Lot 21, Block 9 of Beach Gardens Unit 2 Plat. The Plat was approved by the City Council in 1962. Petitioner is correct that the City has no record indicating that the City approved of their two tax parcels, and as such, the City has never recognized the two tax parcels for development permit purposes. In order for the two tax parcels to be recognized by the City for development purposes, the Petitioner must comply with the City's subdivision regulations because the subject land was previously approved by the City Council to be developed for a single-family residence as Lot 21, Block 9 of Beach Gardens Unit 2 Plat. As stated in the Development Order, the two tax parcels were the result of the prior property owner recording deeds with the Brevard County Clerk of the Court in 1984. See Development Order, Paragraphs 12-14. The Clerk of Court does not have the authority to authorize the division of land under the City Code for development permit purposes. The Clerk of Court simply records deeds because the clerk is required to do so by law. Section 28.222(3), Florida Statutes, provides that "[t]he clerk of the circuit court shall record . . 6 instruments presented to him or her for recording, upon payment of the service charges prescribed by law." The word "shall" makes this action mandatory in nature. See, SR. . State, 346 So. 2d 1018, 1019 (Fla. 1977). Thus, in the performance of their duties as the court's record keeper, the clerk is a ministerial officer who has a ministerial duty to record instruments at the time payment is made. Phillips v. Pritchett Trucking, Inc., 328 So. 2d 380 (Fla. 1st DCA 2021); see also, Collins v. Taylor, 579 So. 2d 332 (Fla. 1st DCA 1991) (finding that the clerk of the court has a ministerial duty to accept and file petitions); Kendall v. U.S. ex rel. Stokes, 37 U.S. 524 (1838) (finding that the clerk of a court has a ministerial duty to record judgments); Pan Am. World Airways, Inc. v. Gregory, 96 So. 2d 669, 671 (Fla. 3d DCA 1957) (finding that the clerk of the court is an officer of the court whose duties are ministerial and as such the clerk does not exercise any discretion). Thus, the Clerk of the Court has a ministerial duty to record deeds presented to them regardless of the City's subdivision regulations. The clerk may not exercise discretion in choosing to record or not record a deed; if a deed is presented for recordation, it must be recorded. Further, the clerk most certainly does not review deeds for compliance with local subdivision requirements. In the instant case, the clerk of the court exercised their ministerial duty to record deeds, which resulted in the splitting of the original platted Lot 21 approved by the City Council into two separate tax parcels now owned by Petitioner, and the West 25.00 feet of Lot 21 becoming aggregated with a portion of Lot 20. The City does not control the actions of the Clerk of the Court and thus had no control over, knowledge of, or responsibility for the splitting of the subject property into two tax parcels. The actions of the Clerk in recording deeds and creating tax parcels are entirely separate from the City responsibilities regulating the subdivision of land, and such actions taken by a property owner to record deeds with the Clerk do not circumvent or negate compliance with the City's lawful subdivision regulations. As such, the City cannot be held responsible for the actions of the clerk (or the property owner recording the deeds) resulting in the creation of two tax parcels from a platted lot approved by the City, and the City is within its rights to require Petitioner to comply with the City's subdivision regulations. 8 6. Petitioner asserts that the issues raised in this case are complicated by "more than 30 lots that were separated by deed, but were in fact recognized by the City as developable." However, Petitioner does not offer any detail and analysis in the Request for Relief to support this assertion. Besides, even if substantiated, the assertions are not relevant to the specific property and issues presented in Petitioner's lot split application. Here, the issues raised in this case are unfortunately a result of an unlawful subdivision of land that occurred in 1984 when the originally platted Lot 21, Block 9, along with the adjoining originally platted Lot 20 and Lot 19, Block 9, of Beach Gardens Unit 2 Plat, were reconfigured and divided without obtaining the requisite City approval, as required by the City's subdivision regulations. This unlawful subdivision occurred when Charles W. Pindziak recorded deeds creating seven (7) different tax parcels with the Brevard County Clerk of the Court. See Development Order, Paragraphs 13-14. As of today, the seven tax parcels, including the two tax parcels currently owed by Petitioner, are vacant and undeveloped and have never been recognized by the City for development purposes. Thus, this is the first time that the City is considering the 9 consequences of the 1984 unlawful subdivision of land. The Council expressed concern that approving Petitioner's lot split application would also "exacerbate the problem caused by Pindziak." See Development Order, Paragraph 31. As such, the City Council has the duty to follow the law as it currently exists, even if, as Petitioner suggests, the City may have incorrectly applied the law in the past to some other property within the City. Town of Lauderdale -by -the -Sea v. Meretsky, 773 So. 2d 1245, 1249 (Fla. 4th DCA 2000) (the issuance of a permit will not estop the government authority from enforcing its ordinances and revoking a permit which has been obtained in violation of its ordinance); Branca v. City of Mira ar, 634 So.2d 604, 606 (FIa.1994) (estoppel cannot be asserted against a government entity based on mistaken statements of the law); Ammons v. Okeechobee Cnty., 710 So. 2d 641, 644-45 (Fla. 4th DCA 1998) (it does not serve public policy well to permit a local government official's past mistakes to persist when they affect public welfare, as planning and zoning decisions do); Pillitieri v. City of Flagler Beach, 2017 WL 3840433 (M.D. Fla. Sept. 1, 2017) (when there is no authority to grant a permit, the government entity that issued it cannot be estopped 10 from subsequently revoking it); State Department of Revenue v. Anderson, 403 So.2d 397 (FIa.1981) (a governmental entity may not be estopped through mistaken statements of the law); Villas of Lake Jackson, Ltd. v. Leon County, 884 F.Supp. 1544 (N.D. Fla. 1995) (reaffirming Branca and finding that estoppel does not apply to mistaken statements of the law); Senior Se vices of Palm Beach LLC v. ABCSP, Inc.,, 2012 WL 2054971 at*3 (S.D. Fla. June 7, 2012) (the law must be followed as it currently stands). 7. Petitioner recognizes that the City Council found the lot split application did not comply with Section 98-107(b)(3) which requires corner lots to be 15% wider than adjacent Tots along both adjacent streets in order to permit appropriate building setbacks from and orientation to both streets. However, Petitioner's Request for Relief does not address the fact that the City Council also concluded that due to the orientation of the proposed two lots towards Ridgewood Avenue, rather than E. Central Boulevard like other existing single family homes along both sides of E. Central Boulevard, the proposed lot split created double and reverse frontage lots that should not only be avoided pursuant to the City Code, but did not promote the orderly 11 layout and use of land as required by the review criteria set forth in section 98-107(d) and Section 98-66(b)(2)(4)g. Therefore, for all of the reasons expressed in the Development Order, the City Council found that the proposed lot split application was not in compliance with the City's subdivision regulations and as a result, the proposed lot split was also inconsistent with the City's Comprehensive Plan Policy LU-1.3.1, which provides that the City shall enforce its various ordinances which regulate land use categories including the City's Subdivision Regulations. This additional finding and denial of the application by the City Council is supported by Florida law because all development orders are required to be consistent with the Comprehensive Plan as a matter of law. See Section 163.3194, Florida Statutes; See e.g., Imhof v. Walton County, 328 So. 3d 32 (Fla. 15t DCA 2021) (a local government's comprehensive plan under the Community Planning Act is essentially a constitution for all future development within the government boundary and complete consistency between a development order and the comprehensive plan is the "floor, not the ceiling"). 12 8. Petitioner claims denial of the lot split application was unwarranted "in Tight of the City's Planning and Zoning Board's unanimous recommendation for approval." First, the Planning & Zoning Board did not have the benefit of reviewing the lot split application for compliance with Section 98-107(b)(3) which requires corner lots to be 15% wider than adjacent lots along both adjacent streets in order to permit appropriate building setbacks from and orientation to both streets. That issue was raised and examined for the first time before the City Council. Second, pursuant to Section 98-66(b)(3), Cape Canaveral Code, the Planning & Zoning Board is an advisory board which only makes "recommendations" to the City Council. The City Council "shall, at a duly noticed public hearing, either approve, approve with conditions, or deny the proposed lot split. Any approval of a lot split shall be by resolution of the city council." Therefore, the City Council has final authority regarding lot split applications, and Council is not required to accept the recommendations of the Planning and Zoning Board, especially in this instance where they approved a detailed written development order which set forth a legal basis to deny Petitioner's application for a lot split. See Taylor 13 v. City of Riviera Beach, 801 So. 2d 259 (Fla. 4th DCA 2001) (approving of the City's decision not to adopt a comprehensive plan amendment despite the local land planning agency's recommendation of approval); PI Telecom Infrastructure, LLC v. City of Jacksonville, FL, 104 F.Supp. 3d 1321 (M.D. Fla. 2015) (where the City presents sufficient evidence to support its decision, it is allowable for the City to deny an application which Staff recommended approving); Broward County v. G.B.V. Intern, Ltd., 787 So. 2d 838 (Fla. 2001). Therefore, though the Planning & Zoning Board's and Staff's recommendation to approve a permit, rezoning, or other land use matter may support the City Council's decision to approve or deny the same, the Council is not required to follow the recommendations of Staff or the Planning and Zoning Board. The ultimate decision regarding whether to approve or disapprove Petitioner's lot split application rests solely with the City Council. 9. Petitioner argues that the design standards of 98-107(b)(3) do not apply to lot split applications and intimates that such standards only apply to permit new subdivisions. However, this argument is without merit because 14 it is based on a misreading of the City Code. The review criteria for lot split applications set forth in Section 98-66(b)(2)(4)a. requires "the proposed lot split shall in every respect meet the criteria established elsewhere in this chapter and the city code for the category of zoning and other relevant codes and applicable law under which the property is zoned." (bold and underlined emphasis added). With the use of the conjunctive word "and," the plain reading of this code language sets forth two elements that must be satisfied for compliance. Specifically, it means that lot split applications shall be required to satisfy both (1) the criteria established elsewhere in Chapter 98 and (2) the applicable code for the category of zoning and other relevant codes and applicable law under which the property is zoned. Regarding the phrase "in this chapter," it refers to the requirements of Chapter 98 — Subdivisions, which currently consists of four separate articles and numerous divisions and sections including Section 98-107. Section 98-107 provides the general requirements for all lots approved by the City under Chapter 98 as follows: 15 Sec. 98-107. - Lots. (a) The size, width, depth, shape and orientation of subdivision lots and the minimum building setback lines shall be in conformity with chapter 110 of this Code pertaining to zoning. (b) Lot dimensions shall conform to chapter 110 of this Code pertaining to zoning. (1) Residential lots, when not immediately serviceable by public sewer, shall meet the minimum requirements of chapter 110 of this Code pertaining to zoning. (2) Depth and width of properties reserved or laid out for multiple, commercial and industrial purposes shall be adequate to provide for offstreet service and parking facilities required by the type of use and development contemplated. (3) Corner lots for residential use shall have a width at least 15 percent larger than the width of interior lots along both adjacent streets in order to permit appropriate building setback from and orientation to both streets. (c) The subdividing of the land shall be such as to provide, by means of a public street, each lot with access to an existing public street. (d) Double frontage and reverse frontage Tots should be avoided, unless essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten feet and across which there shall be no right of access shall be provided along the line of Tots abutting such a traffic artery or other disadvantageous use. 16 (e) Side lot lines shall intersect streets and each other at right angles, and in no case shall a lot have an interior angle of less than 30 degrees from a street or lot line. Nothing in the Chapter 98, or elsewhere in the City Code for that matter, even suggests that the general lot provisions set forth in Section 98-107 do not apply to lot split applications. Petitioner's interpretation is not supported by the plain reading of the City Code. Thus, because Lot 21, Block 9 is a corner lot, section 98-107(b)(3) of the City Code is applicable to the proposed lot split. That section provides that corner lots for residential use shall have a width at least 15 percent larger than the width of interior lots along both adjacent streets in order to permit appropriate building setback from and orientation to both streets. 10. On January 17, 2023, Respondent sent the written notices required by Section 70.51(5), Florida Statutes to contiguous property owners and to substantially affected parties who submitted oral or written testimony of a substantive nature which stated with particularity objections to, or support for, the development order at issue. Recipients of the written notices have 21 days from receipt to advise the City whether they desire to participate in 17 the hearing. As of the date of this Response, Mr. Patrick Campbell of 307 Surf Drive, Cape Canaveral, Florida 32920 is the only person that has timely responded to the notice. Respondent hereby advises Petitioner and the Special Magistrate that he has requested to participate in the proceeding. Respondent supports the ability of Mr. Campbell and such other noticed parties to participate in the hearing as a non-party or non -intervenor subject to the provisions of Section 70.51(12) and as deemed appropriate by the Special Magistrate. 11. Based on the foregoing, the City Council had a legal basis under Chapter 98 of the City Code, and other applicable law, to deny Petitioner's lot split application. Further, when the City Council adopted the Development Order, the Council acted reasonably and fairly under the circumstances involving an unlawful subdivision of land by recognizing the Remainder of Lot 21 (which consists of Petitioner's two tax parcels), or Lot 21 as originally platted, as one developable lot for development permit purposes so the Petitioner can construct one single family home on the subject property as intended by the City Council in 1962 when the Plat was 18 approved, and in accordance with the current R-1 zoning district and other applicable codes. CERTIFICATE OF SERVICE HEREBY CERTIFY that a true and correct copy of the foregoing has been delivered to: Michael and Colette DiChristopher, 1765 Rochelle Parkway, Merritt Island, Florida 32952, via email to rndichr@ aol.corn; and to PAUL R. GOUGELMAN, Special Magistrate, via email to pgugelman@wsh: law.com , this 31st day of January, 2023. (Signature) ANTHONY A. GARGANESE, ESQUIRE Florida Bar No. 988294 GARGANESE, WEISS, D'AGRESTA & SALZMAN, P.A. 111 N. Orange Avenue, Suite 2000 Post Office Box 2873 Orlando, Florida 32802-2873 Phone: 407-425-9566 Email: garganese@orlandolaw.net Attorneys for Respondent. 19 Attachment 5 RESOLUTION NO. 2022-32 A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING A DEVELOPMENT ORDER DENYING AN APPLICATION FILED BY MICHAEL AND COLLETTE DICHRISTOPHER, HUSBAND AND WIFE, FOR A PROPOSED LOT SPLIT OF A PORTION OF LOT 21, BLOCK 9, CAPE CANAVERAL BEACH GARDENS UNIT NO. 2, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 17, PAGE(S) 81 AND 82, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, Michael and Collette DiChristopher, husband and wife ("Applicant"), submitted a lot split application pursuant to Section 98-66, City Code seeking a waiver from the platting requirements of Chapter 98 — Subdivisions to recognize two tax parcels as separate and independent developable lots for purposes of later seeking a development permit from the City to develop the parcels under the City Code; and WHEREAS, the subject Property is located on the NW corner of E. Central Boulevard and Ridgewood Avenue within the City of Cape Canaveral, and is identified by the Brevard County Tax Collector as Tax Parcel ID Number 24-37-14-51-9-21.01 and ID Number 24-37-14-51-9- 21.02, and Applicant's General Warranty Deed, which is recorded at Brevard County Official Record Book 8203, Page 1999, describes the Property as: Parcel 1: The North 76.00 feet Tess the West 25.00 feet of Lot 21, Block 9, Cape Canaveral Beach Gardens Unit No. 2, according in the map or plat thereof, as recorded in Plat Book 17, Page(s) 81 and 82, of the Public Records of Brevard County, Florida. Parcel 2: Lot 21, less the North 76.00 feet less the West 25.00 feet thereof, Block 9, Cape Canaveral Beach Gardens Unit No. 2, according in the map or plat thereof, as recorded in Plat Book 17, Page(s) 81 and 82, of the Public Records of Brevard County, Florida. Parcels ID Number 24-37-14-51-9-21.01 and Parcel ID Number 24-37-14-51-9-21.02 ("Property"). WHEREAS, having heard the arguments, evidence and testimony presented, and having reviewed the record and being otherwise fully advised, the City Council hereby issues a development order denying the application and setting forth Findings of Fact, Conclusions of Law, and Order as set forth attached Development Order. City of Cape Canaveral Resolution 2022-32 Page 1 of 2 NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are incorporated herein by this reference as part of this Resolution. Section 2. Development Order. The City Council hereby adopts the Development Order attached hereto and fully incorporated herein by this reference, and the Mayor, City Clerk and City Attorney are hereby authorized to execute the same on behalf of the City Council. Section 3. Effective Date. This Resolution and attached Development Order shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 20th day of December, 2022. (Signature) Wes Morrison, Mayor For Against Kim Davis Second Mickie Kellum Motion Wes Morrison X Angela Raymond X Don Willis X ATTEST (City Seal): Mia Goforth, CMC City Clerk Approved as to legal form and sufficiency for the City of Cape Canaveral only: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution 2022-32 Page 2 of 2 SEAL Cape of Canaveral, Florida Resolution No. 2022-32 Attachment CITY OF CAPE CANAVERAL DEVELOPMENT ORDER IN AND BEFORE THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA In re: Michael and Collette DiChristopher Date: December 20, 2022 Application: Proposed Lot Split Application (Sec. 98-66, City Code) / On October 18, 2022 and December 20, 2022, a lot split application was duly noticed and heard before the City Council of the City of Cape Canaveral ("City Council") pursuant to Section 98-66, City of Cape Canaveral Code. Having heard the arguments, evidence and testimony presented, and having reviewed the record and being otherwise fully advised, the City Council hereby issues the following Findings of Fact, Conclusions of Law, and Order as set forth herein. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Based upon the evidence and testimony presented at the hearings, the City Council finds: 1. Michael and Collette DiChristopher, husband and wife ("Applicant"), submitted a lot split application pursuant to Section 98-66, City Code seeking a waiver from the platting requirements of Chapter 98 — Subdivisions to recognize two tax parcels as separate and independent developable lots for purposes of later seeking a development permit from the City to develop the parcels under the City Code. 2. The Subject Property was purchased by Applicant on July 2, 2018, and is located on the NW corner of E. Central Boulevard and Ridgewood Avenue within the City of Cape Canaveral. As more fully elaborated upon in this Development Order, the Brevard County Tax Collector identifies the Property as Tax Parcel ID Number 24-37-14-51-9-21.01 and ID Number 24-37-14-51-9-21.02, and Owner's General Warranty Deed, which is recorded at Brevard County Official Record Book 8203, Page 1999, describes the Property as: Parcel 1: The North 76.00 feet less the West 25.00 feet of Lot 21, Block 9, Cape Canaveral Beach Gardens Unit No. 2, according in the map or plat thereof, as recorded in Plat Book 17, Page(s) 81 and 82, of the Public Records of Brevard County, Florida. City of Cape Canaveral DiChristopher Lot Split Application Development Order Page 1 of 9 Resolution No. 2022-32 Attachment Parcel 2: Lot 21, less the North 76.00 feet less the West 25.00 feet thereof, Block 9, Cape Canaveral Beach Gardens Unit No. 2, according in the map or plat thereof, as recorded in Plat Book 17, Page(s) 81 and 82, of the Public Records of Brevard County, Florida. Parcels ID Number 24-37-14-51-9-21.01 and Parcel ID Number 24-37-14-51-9-21.02 ("Property"). 3. The Property is vacant, undeveloped land and consists of 0.39 total acres of which 0.21 acres is Parcel 1 and 0.18 acres is Parcel 2 as described above. 4. The Property is zoned R-1 Low Density Residential District and is intended for single-family unattached residential development. s. 110-271, Cape Canaveral City Code ("City Code"). A maximum of one single family home is allowed per lot or parcel in this zoning classification. s. 110-272, City Code. 5. The Property essentially consists of all of Lot 21, Block 9, Cape Canaveral Beach Gardens Unit No. 2, according in the map or plat thereof, as recorded in Plat Book 17, Page(s) 81 and 82, of the Public Records of Brevard County, Florida ("Beach Gardens Unit 2 Plat"), with the exception of the westernmost 25.00 feet thereof 6. Chapter 177, Part 1 Platting, Florida Statutes establishes consistent minimum platting requirements and affords local governing bodies additional powers to regulate and control the platting of lands by local ordinance, laws, or regulations. s. 177.011, Fla. Stat. Upon recording a plat in the official records of the applicable county, the plat shall serve to establish the identity of all lands shown on and being a part of such plat, and lands may thenceforth be conveyed by reference to such plat. s. 177.021, Fla. Stat. 7. The minimum platting requirements under Chapter 177, Part 1 generally defines the term "subdivision" to mean the division of land into three or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land. See Sec. 177.031(18), Fla. Stat. 8. Since its founding in 1962, the City of Cape Canaveral has regulated the subdivision of land in accordance with the additional powers granted under Chapter 177, Florida Statutes, and has required platting for the development and subdivision of land within the jurisdictional limits of the City of Cape Canaveral, and for purposes thereof, the City Code has defined "subdivision" to mean the division of a parcel of land into two or more lots or parcels. See Ordinance No. 12- 62 (establishing the City's first Subdivision Regulations); See also, Ordinance No. 7-84 (adopting comprehensive amendments to the City's Subdivision regulations); Chapter 98 — Subdivisions of City of Cape Canaveral DiChristopher Lot Split Application Development Order Page 2 of 9 Resolution No. 2022-32 Attachment the City Code (2022). 9. However, in the year 2010, the City Council adopted Ordinance No. 03-2010 updating and modifying the City's Subdivision regulations set forth in Chapter 98 of the City Code to include the creation of a lot split procedure that would allow the City Council to approve, by resolution, a property owner's request to divide one tract of land or lot into an additional tract of land or lot under certain limited conditions and applicable criteria. See s. 98-66, City Code. 10. When applicable, a lot split resolution approved by City Council constitutes a waiver from the platting requirements of Chapter 98 for divisions of land. s. 98-66, City Code. Therefore, absent a waiver, a division of land requires platting. 11. Relevant in this case, the Beach Gardens Unit 2 Plat was originally platted by Shuford Mills, Inc. and approved by the City Council on October 3, 1962. The Beach Gardens Unit "2 Plat was executed by the City's first Mayor, Raymond Jamieson. 12. Since the time in 1962 when the Beach Gardens Unit 2 Plat was approved by the City Council, the City has no record on file evidencing that the City approved the replatting, splitting, or other lawful division of Lot 21, Block 9 under the City of Cape Canaveral Subdivision Regulations. Further, no evidence was presented at the hearing by Applicant or any other person indicating that such approval was ever given by the City. 13. Nevertheless, based on City staff's review of documents viewable in the online databases maintained by the Brevard County Property Appraiser and Brevard County Clerk of the Court, the originally platted Lot 21, Block 9 along with the adjoining originally platted Lot 20 and Lot 19, Block 9 of Beach Gardens Unit 2 Plat, were reconfigured and divided in 1984 without obtaining the requisite City approval as required by the City's Subdivision Regulations, when Charles W. Pindziak recorded deeds creating seven (7) different tax parcels with the Brevard County Clerk of the Court. Therefore, this action constituted an unlawful subdivision of land because at the time the City Code required a division of a parcel of land or lot into two or more lots or parcels to be platted or replatted. See Paragraph 8, supra. 14. Relevant to the originally platted Lots 20 and 21, Block 91 the aforementioned databases reflect the following conveyances, by deed, in 1984 by Charles Pindziak which resulted in the West 25.00 feet of Lot 21, Block 9 being severed from Lot 21, Block 9 and being added to a portion of the adjoining originally platted Lot 20, Block 9: a. January 25, 1984, Charles Pindziak, a single man, conveys to himself the North 1 Lots 19 and 20 were likewise reconfigured and divided by Pindziak in January of 1984 by deeds ORB 2486, Page 1189 (Tax Parcel No. 24-37-14-51-19); ORB 2486, Page 1191 (Tax Parcel No. 24-37-14-51- 19.02); and ORB 2483, Page 2516 (Tax Parcel No. 24-37-14-51-19.01). City of Cape Canaveral DiChristopher Lot Split Application Development Order Page 3 of 9 Resolution No. 2022-32 Attachment 76.00 feet less the West 25.00 feet of Lot 21, Block 9, as shown on the plat of Cape Canaveral Beach Gardens Unit No. 2 as recorded in Plat Book 17, at Page 81 of the Public Records of Brevard County, Florida. See ORB 2483, Page 2517 (This conveyance became Tax Parcel ID Number 24-37- 14-51-9-21.01 which is now owned by the Applicant.) b. January 25, 1984, Charles Pindziak, a single man, conveys to himself, Lot 21 less the North 76.00 feet less the West 25.00 feet of Lot 21, Block 9, as shown on the plat of Cape Canaveral Beach Gardens Unit No. 2 as recorded in Plat Book 17, at Page 81 of the Public Records of Brevard County, Florida. See ORB 2483, Page 2518 (This conveyance became Tax Parcel ID Number 24-37-14-51-9-21.02 which is now owned by the Applicant.) c. January 30, 1984, Charles Pindziak, a single man, makes two conveyances to himself, by deed: the East 75.00 feet less the North 76.00 feet of Lot 20 and the West 25.00 less the North 76.00 feet of Lot 21, See ORB 2486, Page 1190 (This conveyance became Tax Parcel ID. Number 24-37-14-51-9-20); and the North 76.00 feet of the East 75.00 feet of Lot 20 and the North 76.00 feet of the West 25.00 feet of Lot 21. See ORB 2486, Page 1192 (This conveyance became Tax Parcel ID. Number 24-37-14-51-9-20.01). 15. In essence, the conveyances described in Paragraph 14 divided the originally platted Lots 20 and 21 into multiple tax parcels, and two of those tax parcels (Tax Parcel ID Number 24-37-14-51-9-21.01 and Tax Parcel ID Number 24-37-14-51-9-21.02) are currently owned by the Applicant. Charles Pindziak still has an ownership interest in the other affected tax parcels. Therefore, the two tax parcels owned by Applicant reflect only a portion of the originally platted Lot 21, Block 9 (hereinafter referred to as the "Remainder of Lot 21"). 16. The Applicant was not involved in the conveyances described in Paragraph 14 and did not create the Remainder of Lot 21, Block 9 (Tax Parcel ID Number 24-37-14-51-9-21.01 and Tax Parcel ID Number 24-37-14-51-9-21.02). Nevertheless, the aforementioned databases also reflect a chain of title for the Remainder of Lot 21 eventually leading to the Applicant's ownership of the Remainder of Lot 21, Block 9 as follows: a. Tax Parcel ID Number 24-37-14-51-9-21.01 (Northern portion) 1. April 1, 1997 Charles Pindziak conveyed his interest to Charles and Helen Pindziak, husband and wife. See ORB 3662, Page 2464. 2. April 28, 2003 the Pindziaks conveyed their interest to Minuteman Realty Trust. See ORB 4902, Page 261. 3. September 22, 2014 Minuteman Realty Trust conveyed its interest to Robert and Joan Meckel, husband and wife. See ORB 7227, Page 2696. City of Cape Canaveral DiChristopher Lot Split Application Development Order Page 4 of 9 Resolution No. 2022-32 Attachment 4. July 2, 2018 the Meckels conveyed their interest to Applicant. See ORB 8203, Page 1999. b. Tax Parcel ID Number 24-37-14-51-9-21.02 (Southern portion) 1. April 1, 1997 Charles Pindziak conveyed his interest to Charles and Helen Pindziak, husband and wife. See ORB 3662, Page 2464. 2. April 28, 2003 the Pindziaks conveyed their interest to JDM Enterprises and Holdings, LLC. See ORB 4902, Page 223. 3. September 12, 2006 JDM Enterprises and Holdings, LLC conveyed their interest to Robert and Joan Meckel. See ORB 5751, Page 4113. 4. July 2, 2018 the Meckels conveyed their interest to Applicant. See ORB 8203, Page 1999. 17. The originally platted Lots 19, 20 and 21, Block 9 of Beach Gardens Unit 2 are all currently vacant and undeveloped. The City has no record of ever issuing a building permit for any of these Tots. 18. Applicant has approached the City regarding the development of one detached single family home on each of the two parcels identified as Tax Parcel ID Number 24-37-14-51-9- 21.01 and Tax Parcel ID Number 24-37-14-51-9-21.02. Since the time that Applicant approached the City, City Staff determined that the parcels had not been subdivided in accordance with the City's Subdivision regulations, and therefore, a development permit could not be issued. 19. Applicant subsequently submitted the Lot Split application at issue in this hearing, therein seeking a waiver from the platting requirements of Chapter 98 — Subdivisions to recognize the two tax parcels as separate and independent developable lots for purposes of later seeking a development permit from the City to develop one detached single family home on each of the tax parcels. In other words, the Applicant seeks the adoption of a City Council resolution authorizing the Remainder of Lot 21 to be split into two lots for development purposes. 20. Section 98-66 of the City Code of the City's Subdivision regulations governs lot split requests. The term "lot split" shall mean a division of a tract of land or lot that will result in the creation of exactly one additional lot or tract of land provided the lot or tract of land to be split is a previously platted lot or legal description of record. s. 98-66(a), City Code. The review criteria applicable to lot split applications is set forth in section 98-66(b)(4) and provides: (4) Review criteria. Before any lot split is recommended for approval by the planning and zoning board or approved by the city council, the applicant must demonstrate, and City of Cape Canaveral DiChristopher Lot Split Application Development Order Page 5 of 9 Resolution No. 2022-32 Attachment the planning and zoning board or city council must find, that the proposed lot split meets the following criteria: a. The proposed lot split shall in every respect meet the criteria established elsewhere in this chapter and the city code for the category of zoning and other relevant codes and applicable law under which the property is zoned. b. The application is consistent with the city's comprehensive plan. c. The application does not create any lots, tracts of land or developments that do not conform to the City Code. d. The application provides for proper ingress and egress to all affected properties through a public or approved private street or perpetual cross access easements. e. The application is compatible and in harmony with the surrounding neighborhood including with respect to the size of existing surrounding lots and development trends in the neighborhood which have been previously approved by the city council. f. The application does not create burdensome congestion on the streets and highways. g. The application promotes the orderly layout and use of land. h. The application provides for adequate light and air. i. The application does not create overcrowding of land. j. The application does not pose any significant harm to the adequate and economical provision of water, sewer, and other public services. 21. In addition, the review criteria set forth in Section 98-66(b)(2)(4)a. requires "the proposed lot split shall in every respect meet the criteria established elsewhere in this chapter and the city code...." (bold emphasis added). The phrase "in this chapter" refers to the requirements of Chapter 98 — Subdivisions. Thus, because Lot 21, Block 9 is a corner lot, section 98-107(b)(3) of the City Code is applicable to the proposed lot split. That section provides that corner lots for residential use shall have a width at least 15 percent larger than the width of interior Tots along both adjacent streets in order to permit appropriate building setback from and orientation to both streets. 22. Based on review of an area aerial from the Brevard County Property Appraiser's data base and Blocks 8 and 9 of the Beach Gardens Unit 2 Plat, the existing single family homes along both sides of E. Central Boulevard (Blocks 8 and 9 of Beach Gardens Unit 2 Plat) are oriented towards E. Central Boulevard. Notwithstanding, in an attempt to satisfy the general minimum lot requirements for R-1 zoned property, the City Council Agenda Item prepared by City staff states that the Applicant is proposing to orient the two proposed lots (and single family homes) towards Ridgewood Avenue. Although this orientation may arguably assist the Applicant with making the proposed two Tots compliant with the R-1 zoning requirements of minimum lot width of 75 feet and minimum lot depth of 100 feet depending on how the measurements are made to account for the corner radius, this orientation creates several other code compliance problems for the Applicant which cannot be overcome. 23. The City Council received testimony by City staff and consulting engineer (Mike City of Cape Canaveral DiChristopher Lot Split Application Development Order Page 6 of 9 Resolution No. 2022-32 Attachment Allen of Allen Engineering) that the originally platted Lot 21, Block 9 complies with Section 98- 107(b)(3). On the other hand, however, City staff and Mr. Allen testified that the proposed lot split (more specifically the southern proposed lot) does not comply with section 98-107(b)(3) because the proposed lot width of 76.01 feet is not at least 15 percent larger than the existing 100 foot width of the interior lot located along E. Central Boulevard. Therefore, the proposed lot split violates the review criteria set forth in Section 98-66(b)(2)(4)a. because it violates section 98- 107(b)(3). 24. Moreover, the City Council notes that said interior lot being used for comparison is a tax parcel (ID. Number 24-37-14-51-9-20) that was created by Pindziak when he unlawfully subdivided Lots 19, 20, and 21, Block 9 in 1984. See Paragraph 14, supra. It is not the single unit subdivision Lot 20 which was identified and described in the Beach Gardens Unit 2 Plat. The width of Lot 20 when it was originally platted and approved by the City Council in 1962 is actually wider at 125 feet. See Beach Gardens Unit 2 Plat. As such on this basis alone, the City Council finds that the Applicant, by proposing the lot split of the Remainder of Lot 21 and orienting the two proposed lots towards Ridgewood Avenue rather than towards E. Central Boulevard, is now seeking to compound the wrongs committed by Pindziak in 1984. 25. The existing single family homes along both sides of E. Central Boulevard (Blocks 8 and 9 of Beach Gardens Unit 2 Plat) are oriented towards E. Central Boulevard. Notwithstanding, in an attempt to satisfy the general minimum lot requirements for R-1 zoned property, the Council Agenda Item states that the Applicant is proposing to orient the two proposed lots differently towards Ridgewood Avenue. 26. On the issue of lot orientation, the City Council also received testimony and written objections, dated 10/18/2022, by Cape Canaveral resident Patrick Campbell who resides in the general area ("Campbell"). Campbell opposes the lot split application and argues in the written objections that the proposed lot split does not comply with Section 98-107(d) related to the avoidance of double frontage and reverse frontage Tots and the lot split review criteria set forth in Section 98-66(b)(2)(4)g. requiring lot split applications to "promote the orderly layout and use of land." 27. Section 98-107(d) of the City Code provides that double frontage and reverse frontage lots should be avoided, unless essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten feet and across which there shall be no right of access shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use. 28. Based on a review of the lot width and depth of the originally platted Lot 21, Lot 21 is oriented towards E. Central Boulevard like the other Tots in Block 9 of Beach Gardens Unit 2 Plat even though it is a corner lot. If the Remainder of Lot 21 is oriented towards Ridgewood Avenue as requested by the Applicant, the two lots proposed on the Remainder of Lot 21 would City of Cape Canaveral DiChristopher Lot Split Application Development Order Page 7 of 9 Resolution No. 2022-32 Attachment then be oriented differently than the other Tots of in Block 9 of Beach Gardens Unit 2 Plat. Further, said lots would be oriented differently than the lots and existing single family homes located on the other side of E. Central Boulevard in Block 8 of Beach Gardens Unit 2 Plat which are also oriented towards E. Central Boulevard. Additionally, section 110-1 defines the term "Lot, reversed frontage" to mean a "lot on which the frontage is at right angles or approximately right angles (interior angle less than 135 degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot, an interior lot or a through lot." As suggested by Campbell, orienting the proposed two lots on the Remainder of Lot 21 with frontage towards Ridgewood Avenue will result in the proposed two lots being a reverse or double frontage lot which, while not prohibited, "should be avoided" under Section 98-107(d) of the City Code. No evidence has been presented evidencing such orientation is "essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation." As such, the proposed lot split is contrary to the general land use pattern in the area and promotes the establishment of a reverse frontage lot which should be avoided. Therefore, the proposed lot split does not promote the orderly layout and use of land as required by the review criteria set forth in Section 98-66(b)(2)(4)g. 29. The City of Cape Canaveral Comprehensive Plan, Policy LU-1.3.1, provides that the City shall enforce its various ordinances which regulate land use categories including the City's Subdivision Regulations. Section 98-66(b)(4)b. of the lot split review criteria requires a lot split to be consistent with the City's comprehensive plan. See also, s. 163.3194, Florida Statutes (development orders issued by governmental agencies must be consistent with the comprehensive plan). For the foregoing reasons, the proposed lot split does not comply with the City's Subdivision Regulations set forth in Chapter 98 of the City Code. Therefore, the proposed lot split is inconsistent with the City's Comprehensive Plan and does not comply with the lot split review criteria. 30. As for compliance with the minimum lot dimensional requirements set forth in the R-1 zoning district, Council recognizes that there is conflicting evidence as to the proper method of measuring the width or depth of a lot that has a corner radius, and whether or not the proposed two lots precisely satisfy the R-1 requirements. Regardless, lot split applications must also comply with "all" of the applicable requirements of Chapter 98 of the City Code including satisfying the lot split review criteria set forth in in Section 98-66(b)(4). For all of the reasons expressed in this Order, the Applicant's proposed lot split does not comply with the City Code. 31. Additionally, the Applicant essentially requests that the City condone the unlawful subdivision of land effected by Pindziak by approving the two tax parcels created by Pindziak as two developable lots in accordance with the lot split procedures under Chapter 98 of the City Code. Under the circumstances, the City Council will not approve the application and exacerbate the problem caused by Pindziak. With that said, the record reflects that the Applicant did not participate in the unlawful subdivision of land and that no person, including Campbell or City Staff presented testimony or evidence objecting to the Applicant constructing one detached single City of Cape Canaveral DiChristopher Lot Split Application Development Order Page 8 of 9 Resolution No. 2022-32 Attachment family home on the Remainder of Lot 21 as intended by the Beach Gardens Unit 2 Plat. BASED UPON THE FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, IT IS HEREBY ORDERED AS FOLLOWS: 1. Applicant's application for a lot split is hereby denied. 2. However, so as not to deprive Owner of all property rights to develop the Remainder of Lot 21, the City recognizes the Remainder of Lot 21, or Lot 21as originally platted, as one developable lot for development permit purposes as intended by the City Council in 1962 when the Beach Gardens Unit 2, Block 9 Plat was approved, and in accordance with the current R- 1 zoning district and other applicable codes. DONE AND ORDERED at Cape Canaveral, Florida, this 20th day of December, 2022. (Signature) Wes Morrison, Mayor ATTEST: (Signature) Mia Goforth, City Clerk City of Cape Canaveral DiChristopher Lot Split Application Development Order Page 9 of 9 SEAL of Cape Canaveral, Florida CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • APRIL 18, 2023 AGENDA ITEM SUMMARY • ITEM # 6 Subject: Approve proposal from L7 Construction, Inc. in the amount of $1,380,070 for the complete rehabilitation of two clarifiers at the Water Reclamation Facility and authorize the City Manager to execute same. Department: Public Works Services Summary. This proposed maintenance project includes the complete rehabilitation of the two, 60' diameter, Type C3 Clarifiers at the City's Water Reclamation Facility (WRF). The clarifiers were built in 1994 and were partially rehabbed in 2012 by rebuilding of the C3 drive units. Therefore, many of the clarifier components (1) are the original equipment installed in 1994, (2) have exceeded their operational life and (3) require extensive maintenance. Clarifiers are key components of the wastewater treatment process and consist of settling tanks built with mechanical means for the continuous removal of solids being deposited by sedimentation. Clarifiers are generally used to remove solid particulates or suspended solids from liquid for clarification and/or thickening. Inside the clarifier, solid contaminants will settle out to the bottom of the tank where they are collected by a scraper mechanism. Concentrated impurities, discharged from the bottom of the tank are known as sludge, while the particles that float to the surface of the liquid are called scum. Proposed Tasks. The major tasks for project completion per clarifier include replacement of the following: • C30HT Drive Unit • Skimming System • Access Walkway/Drive Platform • Support Column • Rake Arms • Spray System • Weir • Baffles • Control Panel A proposed work schedule is as follows: • May 9, 2023 — Kick-off meeting with selected contractor. • June 6, 2023 — Contractor submits clarifier documents (shop drawings) for review. • July 5, 2023 — Approve shop drawings and initiate manufacture of replacement parts. • April 9, 2024 — Clarifier parts delivered to the WRF. • May 9, 2024 — Clarifier 1 installed. • June 9, 2024 — Clarifier 2 installed. Firm Selection Process and Funding: Staff advertised the request for bids on February 21, 2023 by posting (1) a legal ad in the Florida Today newspaper, (2) a notice on the City web page and (3) bid information on Demandstar (Internet bid service). A "Bid Submittal" notation was included, which stated a contract would be awarded pursuant to the requirements of applicable State and Federal laws and regulations. A non -mandatory pre -bid meeting was conducted for the project on March 1, 2023. City of Cape Canaveral City Council Meeting • April 18, 2023 Agenda Item # 6 Page 2 of 2 Three contractors submitted sealed bids for the project, which were opened in City Hall Conference Room A on March 24, 2023 (Attachment 1). Upon review of the submitted bids, Staff and the City's consulting engineer (Tetra Tech) recommend award of the bid to L7 Construction, Inc. (L7) with a bid amount of $1,380,070. A copy of a proposed Construction Agreement with L7 is included as Attachment 2. A letter from Tetra Tech approving the L7 bid is included as Attachment 3. Note: All work will be completed with funding from the American Rescue Plan Act (ARPA). Completion of this project is part of the City's continuing efforts to replace all key treatment process equipment at the WRF so that (1) effluent (reclaimed water) is low in concentrations of phosphorous and nitrogen, (2) all treatment processes have back-up systems (redundancy) and (3) only routine maintenance of the WRF will be required of City Staff for the foreseeable future. Submitting Department Director: June Clark Attachments: 1) Minutes from Bid Opening 2) Construction Agreement 3) Bid Approval Letter Financial Impact: $1,380,070 to L7 Construction, Inc. to complete rehabilitation of two clarifiers at the Water Reclamation Facility funded by ARPA; Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following actions: Approve proposal from L7 Construction, Inc. in the amount of $1,380,070 for the complete rehabilitation of two clarifiers at the Water Reclamation Facility and authorize the City Manager to execute same. Approved by City Manager: Mia Goforth for Todd Morley Attachment 1 CITY OF CAPE CANAVERAL Request for Bids — Bid Opening Water Reclamation Facility (WRF) Clarifier Rehabilitation BID #2023-01 City of Cape Canaveral City Hall First Floor Conference Room 100 Polk Avenue Cape Canaveral, Florida 32920 MINUTES Friday March 24, 2023 2:05 p.m. CALL TO ORDER: Capital Projects Director Jeff Ratliff called the Meeting to order at 2:05 p.m. Others present: Jeff Ratliff, Capital Projects Director Tim Carlisle, Capital Projects Deputy Director Daniel LeFever, Deputy City Clerk Paul Safirulla, Florida Design Contractors, LLC John Henderson, L7 Construction, Inc. Trivon McDade, Razorback LLC Don Willis, Council Member Mr. Ratliff proceeded to open the bids received and announced the results: BID #2023-01 —WRF CLARIFIER REHABILITATION Firm Location Bid Amount L7 Construction, Inc. Longwood, FL $1,380,070.00 Razorback LLC Tarpon Springs, FL $2,948,000.00 Florida Design Contractors, LLC West Palm Beach, FL $1,574,000.00 Mr. Ratliff stated that the Bids would be reviewed, thanked those in attendance and adjourned the meeting at 2:09 p.m. (Signature) Daniel LeFever, Deputy City Clerk Attachment 2 CONSTRUCTION AGREEMENT WRF CLARIFIER REHABILITATION THIS AGREEMENT is made this day of , 2023 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation (herein referred to as OWNER) and L7 Construction, Inc. authorized and duly licensed to do business in the State of Florida (herein referred to as CONTRACTOR), as follows: 1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the Contract Documents for the rehabilitation of two clarifiers at the Water Reclamation Facility (WRF) as set forth in the Scope of Services and the Contract Documents described in Section 2 herein ("the Project"). 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits and Addendum(s) to the Agreement; the Construction Drawings for City of Cape Canaveral prepared by Tetra Tech dated January 2023; Bid #2023-01, dated January 2023; Final Bid Set Specifications dated January 2023; ITB Documents issued by the City, dated January 2023; Contractor's Bid Submittal, dated March 24, 2023; General Conditions, if any; Supplemental Terms and Conditions by the City, if any; and all Change Orders approved by the City after execution of this Agreement. These Contract Documents are hereby incorporated into this Contract by this reference. The CONTRACTOR represents and agrees that it has carefully examined and understands this Agreement and the other Contract Documents, has investigated the nature, locality and site of the Work and the conditions and difficulties under which it is to be performed and that it enters into this Agreement on the basis of its own examination, investigation and evaluation of all such matters and not in reliance upon any opinions or representations of the OWNER, or of any of their respective officers, agents, servants, or employees. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intent of the Contract Documents is to include all labor, materials, equipment, transportation, taxes, fees and incidentals necessary for the proper and complete execution of the Work for each Project. Materials or Work described in words which so applied have a well-known technical or trade meaning shall be held to refer to such recognized standards. Any discrepancies or omissions found in the Contract Documents shall be reported to the City's Project Manager immediately. The City's Project Manager will clarify discrepancies or omissions, in writing, within a reasonable time. 3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the Agreement between the OWNER and the CONTRACTOR, the inconsistency shall be resolved by giving precedence in the following order: a. Change Orders b. Agreement, Exhibits and Addenda c. Supplemental Terms and Conditions Form v.12.2022 1 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT WRF CLARIFIER REHABILITATION d. General Terms and Conditions e. Engineering Plans and Drawings f. ITB issued by the City of Cape Canaveral dated January 2023, including any subsequently issued Addenda g. Contractor's Bid Submittal Any inconsistency in the work description shall be clarified by the OWNER and performed by the CONTRACTOR. 4. AGREEMENT INTERPRETATION - At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in the Contract Documents, the OWNER at its sole discretion will interpret the intent of the Contract Documents and the CONTRACTOR hereby agrees to abide by the OWNER's interpretation and agrees to carry out the work in accordance with the decision of the OWNER. 5. BRAND NAME MATERIALS - Whenever Materials or Equipment are specified or described in the Drawings or Specifications by using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to establish the type, function and quality required. The CONTRACTOR will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the OWNER. Unless the name is followed by words indicating that no substitution is permitted, a substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand name specified and CONTRACTOR certifies in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified. . The OWNER has full discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the OWNER in writing prior to use of the substitute for a specified brand name and allow the OWNER to make a determination before CONTRACTOR uses the substitute. 6. CONTRACT TIME - a. All provisions regarding Contract Time are essential to the performance of this Contract. b. The Work shall be substantially completed within ( ) calendar days after the date when the Contract Time begins to run. The Work shall be finally completed, ready for Final Payment within ( ) calendar days after the actual date of Substantial Completion. Form v.12.2022 2 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT WRF CLARIFIER REHABILITATION The date of Substantial Completion of the Work is the date certified in writing by the OWNER when (1) construction is sufficiently complete, in accordance with the contract documents, so the OWNER can occupy or utilize the work for its intended purpose, as expressed by the contract documents, and (2) any additional project -specific requirements or milestones for "Substantial Completion" identified in the general, special, or technical conditions or construction plans have been satisfied. c. The parties acknowledge that the Contract Time provided in this Section includes consideration of adverse weather conditions common to Central Florida including the possibility of hurricanes and tropical storms. d. In the event that the Work requires phased construction, then multiple points of Substantial Completion may be established in the Supplementary Conditions. 7. LIQUIDATED DAMAGES - OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 6 above, plus any extensions thereof allowed in accordance with the General Conditions. OWNER and CONTRACTOR also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $500 for each calendar day that expires after the time specified in Paragraph 6 for substantial completion until the work is substantially complete and $500 for each calendar day that expires after the time specified in Paragraph 6 for final completion until the work is finally complete. The liquidated damages provided in this Section are intended to apply even if CONTRACTOR is terminated, in default, or if the CONTRACTOR has abandoned the Work. This provision binds Contractor's performance bond surety. 8. CONTRACT PRICE. UNIT PRICE CONTRACT - The OWNER will pay the CONTRACTOR in current funds for the performance of the work in accordance with the Contract Documents, subject to additions and deductions approved by Change Order, the Total Contract Price of one million three hundred eighty thousand seventy dollars and no cents ($1,380,070). CONTRACTOR agrees to accept the Contract Price as full compensation for performing all Work, furnishing all Materials, and performing all Work embraced in the Contract Documents. The CONTRACTOR acknowledges that CONTRACTOR studied, considered, and included in CONTRACTOR'S Total Bid all costs of any nature relating to: (1) performance of the Work under Florida weather conditions; (2) applicable law, licensing, and permitting requirements; (3) the Project site conditions, including but not limited to, subsurface site conditions; (4) the terms and conditions of the Contract Documents, including, but not limited to, the indemnification and no damage for delay provisions of the Contract Documents. Form v.12.2022 3 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT WRF CLARIFIER REHABILITATION The CONTRACTOR acknowledges that performance of the Work may involve significant Work adjacent to, above, and in close proximity to Underground Facilities including utilities which will require the support of active utilities, as well as, the scheduling and sequencing of utility installations, and relocations (temporary and permanent) by CONTRACTOR. (1) In addition to the acknowledgments previously made, the CONTRACTOR acknowledges that the CONTRACTOR'S Total Bid (original Contract Price) specifically considered and relied upon CONTRACTOR'S own study of Underground Facilities, utilities in their present, relocated (temporary and permanent) and proposed locations, and conflicts relating to utilities and Underground Facilities. (2) The CONTRACTOR acknowledges that CONTRACTOR's Total Bid (original Contract Price) considered and included all of CONTRACTOR's costs relating to CONTRACTOR's responsibilities to coordinate and sequence the Work of the CONTRACTOR with the work of the OWNER, if any, with its own forces, the work of other contractors, if any, and the work of others at the Project site. Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of the Bid, which shall be as fully a part of the Contract as if attached or repeated herein. Where the Contract Documents provide for Unit Price Work, the Contract Price stated in the Agreement will include for all Unit Price Work an amount equal to the sum of the Unit Prices for each item of Unit Price Work times the estimated quantity of each item as indicated in the Contract Documents. Each Unit Price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover all costs, including supplemental and administrative costs, and profit. 9. TERMINATION; DEFAULT BY CONTRACTOR AND OWNER'S REMEDIES - The OWNER reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, for convenience. Further, the OWNER reserves the right to revoke and terminate this Agreement in the following circumstances, each of which shall represent a default and breach of this Agreement: a. CONTRACTOR defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within seven (7) calendar days after written notice from the OWNER specifying the default complained of, unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within seven (7) calendar days, in which case the CONTRACTOR shall have such time as is reasonably necessary to remedy the default, provided the CONTRACTOR promptly takes and diligently and continuously pursues such actions as are necessary therefore; or Form v.12.2022 4 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT WRF CLARIFIER REHABILITATION b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts; or c. CONTRACTOR has acted negligently, as defined by general and applicable law, in performing the Work hereunder; or d. CONTRACTOR has committed any act of fraud upon the OWNER; or e. CONTRACTOR has made a material misrepresentation of fact to the OWNER while performing its obligations under this Agreement; or f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right, or remedy OWNER may have under this Agreement. In the event of an uncured default by CONTRACTOR, the OWNER shall have the right to exercise any other remedy the OWNER may have by operation of law, without limitation, and without any further demand or notice. In the event of such termination, OWNER shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination, which may be a set-off to Owner's damages. 10. FORCE MAJEURE - Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving CONTRACTOR'S labor force); extraordinary breakdown of or damage to OWNER 's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or regulation; or order by any regulatory agency; ; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. 11. SEVERABILITY - In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable 12. PROGRESS PAYMENTS; DUE DATE FOR PROGRESS PAYMENTS; SUBMITTAL OF PAYMENT REQUESTS — No payments shall be made where a Payment and Performance Bond is required herein until OWNER receives a certified copy of the recorded Bond. OWNER shall make progress payments on account of the contract price to CONTRACTOR, on the basis of application for payments submitted to the OWNER or OWNER's Project Manager, by CONTRACTOR as the work progresses, and in accordance with the Contract Documents. Progress payments may be withheld if: Form v.12.2022 5 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT WRF CLARIFIER REHABILITATION a. Work is found defective and not remedied; b. CONTRACTOR does not provide consent of surety with each payment application; c. Another contractor is damaged by an act for which CONTRACTOR is responsible; or d. In the opinion of the OWNER that CONTRACTOR's work is not progressing satisfactorily. OWNER herein designates ( X ) or ( ) does not designate an agent, i.e., an architect or engineer that must approve any payment request or invoice before the payment request or invoice is submitted to OWNER for payment. If an agent must approve the payment request or invoice before the payment request or invoice is submitted to OWNER, payment is due 25 business days after the date on which the payment request or invoice is stamped as received as provided in s. 218.74(1), Florida Statutes, except to the extent that the payment request or invoice does not meet contract requirements. The CONTRACTOR may send OWNER an overdue notice. If the payment request or invoice is not rejected within 4 business days after delivery of the overdue notice, the payment request or invoice shall be deemed accepted, except for any portion of the payment request or invoice that is inaccurate or misleading. If an agent need not approve the payment request or invoice submitted by CONTRACTOR, payment is due 20 business days after the date on which the payment request or invoice is stamped as received as provided in s. 218.74(1), Florida Statutes, except to the extent that the payment request or invoice does not meet contract requirements. If OWNER disputes a portion of a payment request or an invoice, the undisputed portion shall be timely paid. OWNER shall reject payment requests or invoices in accordance with the procedure established in s. 218.735, Florida Statutes. OWNER hereby identifies the Public Works Services Department as the agent or office to which the CONTRACTOR must submit payment requests or invoices to OWNER. The OWNER further hereby identifies Tetra Tech; Attn: Tyler Achotegui, as the agent that must approve payment requests prior to their submission to OWNER. 13. FINAL PAYMENT; CHANGE ORDERS - OWNER shall withhold up to 5% of the Contract Price throughout the project in accordance with the Local Government Prompt Payment Act ("Act"). The retainage amount withheld may be released with the Final Payment after the issuance of the Final Completion Certificate. Consent of surety is required for final payment. OWNER shall make final payment to CONTRACTOR within thirty (30) days after the work is fully and properly completed, if the contract has been fully and timely performed, but subject to the condition that final payment shall not be due until CONTRACTOR has delivered to OWNER all close-out documentation. Form v.12.2022 6 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT WRF CLARIFIER REHABILITATION By making payments OWNER does not waive claims including but not limited to those relating to: a. Faulty work appearing after substantial completion has been granted; b. Work that does not comply with the Contract Documents; or c. Failure of Contractor to comply with any special guarantees required by the Contract Documents. Progress payments may be withheld if Work is found defective and not remedied; CONTRACTOR does not provide consent of surety with each progress application a subcontractor is damaged by an act for which CONTRACTOR is responsible; ; or in the opinion of the OWNER, CONTRACTOR'S work is not progressing satisfactorily. Further, OWNER may withhold additional payment in anticipation of liquidated damages equal to the product of the number of Days after the scheduled Contract Time (Substantial Completion or Final Completion) and the amount of liquidated damages set forth in this Contract if CONTRACTOR is behind schedule and it is anticipated by OWNER that the Work will not be completed within the Contract Time. The additional payment, under this subsection, may at the OWNER'S discretion be withheld from subsequent Progress Payments. The City, by written change order and without invalidating the Agreement, may order extra Work or make changes by altering, adding to, or deducting from the Work, the contract sum being adjusted accordingly. Additional time required for any change in Work must be included with the requested Change Order. In giving instructions, the City's Project Manager will have authority to make minor changes in the Work, not involving extra cost or time, and not inconsistent with the purpose of the Work, but otherwise, except in an emergency endangering life or property, no extra work or change will be made unless it goes through the City's written Change Order process and is approved by the City, and no claim for an addition to the contract sum or time will be valid unless so ordered in writing. The value of any such extra Work or change will be determined in one or more of the following ways: 1. By mutual acceptance of a lump sum. 2. By unit prices named in the contract or subsequently agreed upon. 3. By cost and percentage or by cost and a fixed fee. If none of the above methods is agreed upon, the CONTRACTOR, provided it receives an order as above, shall proceed with the work. In such case and also under case (3) above, the CONTRACTOR shall keep and present in such form as the City's Project Manager may direct, a correct account of the actual cost of labor and materials, substantiated by back - Form v.12.2022 7 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT WRF CLARIFIER REHABILITATION up documentation. In any case, the City's Project Manager will certify to the amount, including reasonable allowances for overhead and profit, due to the CONTRACTOR. Pending final determination of value, payments on account of changes will be made on the City's Project Manager's estimate. Furthermore, if the CONTRACTOR claims that any instructions by drawings or otherwise involve extra cost under the Contract Documents, it shall give the City written notice thereof within ten (10) days after the receipt of such instructions, and in any event before proceeding to execute the work, except in emergency endangering life or property, and the procedure shall then be as provided above under this section. Claims will not be processed unless filed in writing before any work has commenced. In addition, if the City's Project Manager deems it appropriate the City may accept defective or incomplete work and an equitable deduction from the Contract Price will be made therefor by Change Order. 14. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT: DUTIES AND AUTHORITY - The duties and authority of the OWNER are as follows: a. General Administration of Contract. The primary function of the OWNER is to provide the general administration of the contract. In performance of these duties, June Clark, Public Works Services Director or her authorized representative is the OWNER's Project Manager during the entire period of construction. The OWNER (CITY) may change the Project Manager during the term of this contract. b. Inspections, Opinions, and Progress Reports. The OWNER and its representatives shall be kept familiar with the progress and quality of the work by CONTRACTOR and may make periodic visits to the work site. The OWNER will not be responsible for the means of construction, or for the sequences, methods, and procedures used therein, or for the CONTRACTOR'S failure to perform the work in accordance with the Contract Documents. c. Access to Worksite for Inspections. The OWNER and its representatives shall be given free access to the worksite at all times during work preparation and progress. The Project Manager is not obligated to make exhaustive or continuous on -site inspections to perform his duties of checking and reporting on work progress, and any such inspections shall not waive Owner's claim regarding defective work by Contractor. No inspector is authorized to change any provision of the specifications without written authorization of the City's Project Manager, nor shall the presence or absence of an inspector relieve the CONTRACTOR from any requirements of the Contract Documents. If the specifications, the City's instructions, laws, ordinances, or any public authority, require any work to be specially tested or approved, the CONTRACTOR shall give the City timely notice of its readiness for inspection, and of the date fixed for such inspection. Inspections by the City's Project Manager will be promptly made. Form v.12.2022 8 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT WRF CLARIFIER REHABILITATION If upon inspection such work is found not in accordance with the Contract Documents, the CONTRACTOR shall pay such cost, including compensation for professional services, and an appropriate deductive Change Order shall be issued. d. Interpretation of Contract Documents: Decisions on Disputes. The OWNER will be the initial interpreter of the contract document requirements, and make decisions on claims and disputes between Contractor and Owner. e. Rejection and Stoppage of Work. The OWNER shall have authority to reject work which in its opinion does not conform to the Contract Documents, and in this connection may stop the work or a portion thereof, when necessary. f. Payment Certificates. The OWNER will determine the amounts owing to CONTRACTOR as the work progresses, based on CONTRACTOR's applications and OWNER's inspections and observations, and will issue certificates for progress payments and final payments in accordance with the terms of the Contract Documents. g. City Reviews and Status. The City's review, inspection, or approval of any Work, applications for payment, or other submittals shall be solely for the purpose of determining whether the same are generally consistent with the City's scope and requirements for the project. No review, inspection, or approval by the City of such Work or documents shall relieve the CONTRACTOR of its responsibility for the performance of its obligations under the Contract Documents or the accuracy, adequacy, fitness, suitability, or coordination of the Work. Approval by any governmental or other regulatory agency or other governing body of any Work, design document, or construction document shall not relieve CONTRACTOR of responsibility for the performance of its obligations under the Contract Documents. Payment by the City pursuant to the Contract Documents shall not constitute a waiver of any of the City's rights under the Contract Documents or at law, and CONTRACTOR expressly accepts the risk that defects in its performance, if any, may not be discovered until after payment, including final payment, is made by the City. Notwithstanding the foregoing, prompt written notice shall be given by the City or City Project Manager to the CONTRACTOR if the City becomes aware of any fault or defect in the Projects or non-conformance with the Contract Documents. Furthermore, the City shall not have control or charge of construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, nor shall the CONTRACTOR, for any of the foregoing purposes, be deemed the agent of the City. 15. PROGRESS MEETINGS —OWNER'S Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the OWNER, during the term of work entered into under this Agreement. CONTRACTOR'S Project Manager and all other appropriate personnel shall attend such meetings as designated by the OWNER'S Project Manager. Form v.12.2022 9 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT WRF CLARIFIER REHABILITATION 16. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the project herein are as follows: a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely responsible for all construction under this contract, including the techniques, sequences, procedures and means, for the coordination of all work. CONTRACTOR shall supervise and direct the work, and give it all attention necessary for such proper supervision and direction. b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline among his employees, and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job for which he was employed. c. Furnishing of Labor, Materials, etc. CONTRACTOR shall provide and pay for all labor, materials and equipment, including tools, construction equipment and machinery, utilities, including water, transportation, and all other facilities and work necessary for the proper completion of work on the project in accordance with the Contract Documents. d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure all licenses and permits necessary for proper completion of the work, paying the fees thereof. CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract Documents) hold or will secure all trade or professional licenses required by law for CONTRACTOR to undertake the contract work. e. Guarantee. The CONTRACTOR hereby guarantees the Work to the full extent provided in the Plans, Specifications, General Conditions, Special Conditions and other Contract Documents. The CONTRACTOR shall remove, replace and/or repair at its own expense and at the convenience of the OWNER any faulty, defective or improper Work, materials or equipment discovered within one (1) year from the date of the acceptance of the project as a whole by the Owner or for such longer period as may be provided in the Plans, Specifications, General Conditions, Special Conditions or other Contract Documents. Without limiting the generality of the foregoing, the CONTRACTOR warrants to the OWNER, that all materials and equipment furnished under this Agreement will be of first class quality and new, unless otherwise required or permitted by the other Contract Documents, that the Work performed pursuant to this Agreement will be free from defects and that the Work will strictly conform with the requirements of the Contract Documents. Work not conforming to such requirements, including substitutions not properly approved and authorized, shall be considered defective. All warranties contained in this Agreement and in the Contract Documents shall be in addition to and not in limitation of all other warranties or remedies required and/or arising pursuant to applicable law. Furthermore, CONTRACTOR will provide written guarantee for work and materials for one (1) calendar year after acceptance by OWNER. The one (1) period is not a limitation upon manufacturer warranties or CONTRACTOR's payment and performance Bond(s). Form v.12.2022 10 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT WRF CLARIFIER REHABILITATION f. Project Site. The CONTRACTOR shall, among other things, (i) visit and thoroughly inspect the project site and any structure(s) or other man-made features to be modified and become familiar with local conditions under which the project will be constructed and operated; (ii) if applicable, familiarize itself with the survey, including the location of all existing buildings, utilities, conditions, streets, equipment, components, and other attributes having or likely to have an impact on the project; (iii) familiarize itself with the City's layout and design requirements, conceptual design objectives, and budget for the project; (iv) familiarize itself with pertinent Project dates, including the Project Schedule; (v) review and analyze all project geotechnical, hazardous substances, structural, chemical, electrical, mechanical, and construction materials tests, investigations, and recommendations; and (vi) gather any other information necessary for a thorough understanding of the project. If the project involve modifications to any existing structure(s) or other man-made feature(s) on the project site, the CONTRACTOR shall also review all as -built and record drawings, plans, and specifications of adjacent work which the CONTRACTOR requests from the City, and shall thoroughly inspect the existing structure(s) and man-made feature(s) to identify existing deficiencies and ascertain the specific locations of pertinent structural components. Claims by the CONTRACTOR resulting from its failure to familiarize itself with the project site or pertinent documents shall be deemed waived. 17. ASSIGNMENT - CONTRACTOR shall not assign this Agreement, or any rights or any monies due or to become due hereunder without the prior, written consent of the OWNER. a. CONTRACTOR shall be fully responsible to OWNER for all acts and/or omissions performed by its subcontractors. b. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide OWNER and its affiliates with insurance coverage as set forth by the OWNER. 18. THIRD PARTY RIGHTS - Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than OWNER and CONTRACTOR. 19. PROHIBITION AGAINST CONTINGENT FEES - CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 20. NO JOINT VENTURE - Nothing herein shall be deemed to create ajoint venture or principal - agent relationship between the parties and neither party is authorized to, nor shall either party Form v.12.2022 11 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT WRF CLARIFIER REHABILITATION act toward third persons or the public in any manner which would indicate any such relationship with the other party. 21. INDEMNIFICATION — CONTRACTOR shall indemnify and hold harmless the OWNER, its officers, employees, agents, engineer, and city attorneys (individually and in their official capacity, from liability, losses, damages, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Agreement. CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR'S own employees against the OWNER and, solely for the purpose of this indemnification and defense, CONTRACTOR specifically waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. This waiver has been specifically and mutually negotiated by the parties. The indemnification provided above shall obligate the CONTRACTOR to defend at its own expense or to provide for such defense, at the option of the OWNER, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the OWNER or its officers, employees, and city attorneys which may covered by this indemnification. In all events the OWNER and its officers, employees, engineer, and city attorneys shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. In consideration of the CONTRACTOR'S indemnity obligations, the parties allocate ONE PERCENT (1%) OF THE CONTRACT SUM as specific consideration for CONTRACTOR's indemnification of OWNER and that the specific consideration is included in the original Contract Price allocated by CONTRACTOR among all pay items - receipt of which is acknowledged. The indemnity provisions set forth in this Paragraph shall survive termination of this Agreement. 22. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, contractors, and agents while performing work provided hereunder. More specifically, the CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. The CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. All employees on the project site and other persons who may be affected thereby. 2. All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the project site. 3. Other property at the project site or adjacent thereto. Form v.12.2022 12 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT WRF CLARIFIER REHABILITATION CONTRACTOR shall comply with all applicable Federal Occupational Safety and Health Administration (OSHA) and Florida Department of Transportation safety standards and shall assure and monitor the compliance of its Subcontractors with those same standards. Further, CONTRACTOR shall work in compliance with the OSHA Hazardous Communication Standard and Florida Department of Environmental Protection guidelines, and shall supply all information about hazardous chemical being brought onto City property as required by any applicable City Safety and Loss Control Program. 23. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and warrants to the OWNER the following: a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by CONTRACTOR has been duly authorized by the board of directors and/or president of CONTRACTOR. In support of said representation, CONTRACTOR agrees to provide a copy to the OWNER of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to provide a copy of all said licenses to the OWNER prior to the execution of this Agreement. 24. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in accordance with Florida law and in substantially in conformance with the forms attached to the Agreement as Exhibit "A" and approved by the City Attorney. The materials, performance, and payment amounts shall be in an amount equal to 100% of the Contract Price for the work prescribed herein. The issuance of bonds required under this Agreement shall not relieve Contractor of any liability under the Agreement. Contractor shall remain jointly and severally liable with any surety issuing a bond under the Contract. The premium for such bonds is included in the Contract Price. 25. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for providing the types of insurance and limits of liability as set forth under this Paragraph. Additionally, all independent contractors or agents employed by CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions contained in these Contract Documents. Form v.12.2022 13 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT WRF CLARIFIER REHABILITATION a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum amount of $2,000,000 as the combined single limit for each occurrence to protect the CONTRACTOR from claims of property damages which may arise from any Work performed under this Agreement whether such Work are performed by the CONTRACTOR or by anyone directly employed by or contracting with the CONTRACTOR. b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000 property damage as the combined single limit for each occurrence to protect the CONTRACTOR from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non -owned automobiles, including rented automobiles whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR. c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance in at least such amounts as are required by law and Employer's Liability Insurance in the minimum amount of $2,000,000 for all of its employees performing Work for the OWNER pursuant to this Agreement. d. The CONTRACTOR shall maintain comprehensive builder risk insurance, which shall cover CONTRACTOR'S labor, and any materials and equipment to be used for completion of the Work performed under this Agreement, against all risks of direct physical loss, excluding earthquake and flood, for a minimum amount of the Total Contract Price. CONTRACTOR shall maintain the builder risk insurance required by this subsection until final completion. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of Insurance shall be provided to the OWNER by CONTRACTOR upon the Effective Date of this Agreement which satisfied the insurance requirements of this Paragraph 25. Renewal certificates shall be sent to the OWNER 30 days prior to any expiration date. There shall also be a 30-day advance written notification to the OWNER in the event of cancellation or modification of any stipulated insurance coverage. The OWNER and its engineer shall be an additional named insured on all stipulated insurance policies as its interest may appear, from time to time, excluding worker's compensation and professional liability policies. Insurance covering the specified additional insureds shall be primary insurance, and all other insurance carried by the additional insured shall be excess insurance; and with respect to workers' compensation and employer's liability, comprehensive automobile liability, commercial general liability, and umbrella liability insurance, CONTRACTOR shall require CONTRACTOR's insurance carriers to waive all rights of subrogation against OWNER and Form v.12.2022 14 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT WRF CLARIFIER REHABILITATION its engineer, the engineer's consultants, and their respective officers, directors, partners, employees and agents. Each policy shall contain a cross liability or severability of interest clause or endorsement. 26. MEDIATION/VENUE - The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in mediation. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for BREVARD County, Florida. The Contractor's surety is bound by this provision. 27. GOVERNING LAW & VENUE - This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be BREVARD County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. The Contractor's surety is bound by this provision. 28. ATTORNEY'S FEES - Should either party bring an action to enforce any of the terms of this Agreement, each party shall bear its own costs and expenses of such action including, but not limited to, reasonable attorney's fees, whether at settlement, trial or on appeal. This provision does not apply to Contractor's surety. 29. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid, to the applicable party at the address shown on the first page of this Contract. 30. WORK IS A PRIVATE UNDERTAKING - With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the OWNER and CONTRACTOR is such that the CONTRACTOR is an independent contractor and not an agent of the OWNER. The CONTRACTOR, its contractors, partners, agents, and their employees are independent contractors and not employees of the OWNER. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the OWNER, on one hand, and the CONTRACTOR, its contractors, partners, employees, or agents, during or after the performance of the Work under this Agreement. 31. DOCUMENTS - Public Records: It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the CONTRACTOR and its independent contractors 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 OWNER or the CONTRACTOR. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the CONTRACTOR is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the OWNER's City Manager. Upon request by the OWNER, the Form v.12.2022 15 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT WRF CLARIFIER REHABILITATION CONTRACTOR shall promptly supply copies of said public records to the OWNER. 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 CONTRACTOR be open and freely exhibited to the OWNER for the purpose of examination and/or audit. Failure by CONTRACTOR 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 OWNER upon delivery of a written notice of cancellation. If CONTRACTOR fails to comply with this Section, and the OWNER must enforce this Section, or the OWNER suffers a third party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to CONTRACTOR's failure to comply with this Section, the OWNER shall collect from CONTRACTOR prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Section against CONTRACTOR. And, if applicable, the OWNER shall also be entitled to reimbursement of all attorneys' fees and damages which the OWNER had to pay a third party because of the CONTRACTOR's failure to comply with this Section. The terms and conditions set forth in this Section shall survive the termination of this Agreement. The CONTRACTOR acknowledges that the OWNER is a Florida municipal corporation and subject to the Florida Public Records Law. CONTRACTOR agrees that to the extent any document produced by CONTRACTOR under this Agreement constitutes a Public Record; CONTRACTOR shall comply with the Florida Public Records Law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'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. 32. SOVEREIGN IMMUNITY - The OWNER intends to avail itself of the benefits of Section 768.28, Florida Statutes and any other statutes and common law governing sovereign immunity to the fullest extent possible. Neither this provision nor any other provision of this Agreement shall be construed as a waiver of the OWNER's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the OWNER's potential liability under state or federal law. CONTRACTOR agrees that OWNER shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, OWNER shall not be liable for any claim or judgment, or portion thereof, to any one person for over two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds three hundred thousand dollars ($300,000.00). Nothing in this Agreement is intended to inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. This paragraph shall survive termination of this Agreement. Form v.12.2022 16 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT WRF CLARIFIER REHABILITATION 33. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 34. INTEGRATION; MODIFICATION - The drafting, execution, and delivery of this Agreement by the Parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be made in writing signed by both parties. 35. WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any terms, or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 36. DRAFTING - OWNER and CONTRACTOR each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 37. NOTICE - Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, certified mail, return receipt requested, postage prepaid to: For CONTRACTOR: Company Name: Attn: Address: Phone: Fax: For OWNER: City of Cape Canaveral Attn: City Manager 100 Polk Avenue Cape Canaveral, Florida 321-868-1220 Form v.12.2022 17 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT WRF CLARIFIER REHABILITATION Either party may change the notice address by providing the other party written notice of the change. Any Notice given as provided herein shall be deemed received as follows: if delivered by personal service, on the date so delivered; if delivered to an overnight courier service, on the business day immediately following delivery to such service; and if mailed, on the third business day after mailing. 38. CONFLICT OF INTEREST. a. The CONTRACTOR agrees that it will not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Contract with the OWNER or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government and the OWNER's Personnel Policies. b. The CONTRACTOR hereby certifies that no officer, agent or employee of the OWNER has any material interest (as defined in Section 112.312 (15), Florida Statutes, as over five percent (5%) either directly or indirectly, in the business of the CONTRACTOR to be conducted here, and that no such person shall have any such interest at any time during the term of this CONTRACT. c. Pursuant to Section 216.347, Florida Statutes, the CONTRACTOR hereby agrees that monies received from the OWNER pursuant to this Agreement will not be used for the purpose of lobbying the Legislature or any other State or Federal Agency. 39. ADDITIONAL ASSURANCES. a. No principal (which includes officers, directors, or executive) or individual holding a professional license and performing Work under this Agreement is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any Work required by this Agreement by any Federal, State, or local governmental commission, department, corporation, subdivision, or agency; b. No principal (which includes officers, directors, or executive), individual holding a professional license and performing Work under this Agreement, employee, or agent has employed or otherwise provided compensation to, any employee or officer of the OWNER; and c. No principal (which includes officers, directors, or executive), individual holding a professional license and performing Work under this Agreement, employee or agent has willfully offered an employee or officer of the OWNER any pecuniary or other benefit with the intent to influence the employee or officer's official action or judgment. 40. E-VERIFY - Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, any City contractors shall register with and use the U.S. Department of Homeland Security's E- Form v.12.2022 18 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT WRF CLARIFIER REHABILITATION Verify system, https://e-verify.uscis.gov/emp, to verify the work authorization status of all employees hired on and after January 1, 2021. City Contractors must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Contractor stating all employees hired on and after January 1, 2021 have had their work authorization status verified through the E-Verify system and a copy of their proof of registration in the E-Verify system. Failure to comply with this provision will be a material breach of the contract, and shall result in the immediate termination of the contract without penalty to the City. The City Contractor shall be liable for all costs incurred by the City securing a replacement contract, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable. If the City Contractor utilizes Subcontractors the following shall apply: a. Contractor shall also require all subcontractors performing work under the Agreement to use the E-Verify system for any employees they may hire during the term of the Agreement. b. Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. c. Contractor shall provide a copy of all subcontractor affidavits to the City upon receipt and shall maintain a copy for the duration of the Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. ATTEST: Mia Goforth, City Clerk Form v.12.2022 CITY OF CAPE CANAVERAL By: Todd Morley, City Manager Date: 19 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT WRF CLARIFIER REHABILITATION CONTRACTOR By: Print name/title: Date: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of () physical presence or () online notarization, this day of , 2023, by , the of , who is personally known to me or who produced as identification and who did take an oath. Form v.12.2022 (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: 20 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT WRF CLARIFIER REHABILITATION EXHIBIT A Performance and Payment Bond In compliance with the Florida Statutes Chapter 255.05 (1) (a) BOND NO.: Contractor Name: Contractor Address: Contractor Phone No.: Surety Company: Surety Agent: Owner Name: City of Cape Canaveral Owner Address: 100 Polk Avenue Cape Canaveral, Florida 32920 Owner Phone No. (321) 868-1220 Owner Fax No. (321) 868-1248 Owner Email: t.morley@cityofcapecanaveral.org Contract Date: Contract Amount: $ Bond Amount: $ Contract No. (if applicable): 21 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Formv.12.2022 WRF CLARIFIER REHABILITATION Description of Work: Project Address: Legal Description: Bid Number: BY THIS BOND, we as Principal and a Corporation as Surety, are bound to City of Cape Canaveral , herein called Owner, in the sum of $ _, for payment of which we bind ourselves, our heirs, Personal representatives, successors, and assigns,jointly and severally. THE CONDITION OF THIS BOND is that if Principal: a. Performs the contract dated , 20 , between Principal and Owner for construction of as specified for the location, the contract being made a part of this bond by reference, at the times and in the manner prescribed in this contract; and b. Promptly makes payments to all claimants, as defined in section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution if the work provided for the contract; and c. Pays Owner all losses, damages, including delay damages, expenses, and costs that Owner sustains because of a default by Principal under the contract; and d. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract and by law, then this bond is to be void; otherwise it remains in full force and effect. e. In any action against this performance bond, the Owner is entitled to attorney's fees under sections 627.428 and 627.756, Florida Statutes, and Danis Industries Corp. v. Ground Improvement Techniques, 645 So.2d 420 (Fla. 1994) and McCarthy Bros. Co. v. Tilbury Construction, Inc., 849 So.2d 7 (Fla. 1' DCA 2003), including appellate attorney's fees. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 22 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Formv.12.2022 WRF CLARIFIER REHABILITATION Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. IN WITNESS WHEREOF, the said Principal and Surety have assigned and sealed this instrument this day of 20 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature Title SURETY Company: (Corporate Seal) Signature Title Form v.12.2022 23 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT WRF CLARIFIER REHABILITATION Attachment 3 Tt TETRA TECH April 4, 2023 Jeffery A. Ratliff Capital Projects Director City of Cape Canveral 100 Polk Avenue—P.O. Box 326 Cape Canveral, FL 32920 Subject: City of Cape Canaveral WRF Clarifier Rehabilitation (BID#2023-01) Tt # 200-52528-22004 Dear Mr. Ratliff: This letter provides our recommendation for award of the Contract for Construction of the City of Cape Canveral WRF Clarifier Rehabilitation. On March 24, 2023, three (3) Contractors submitted bids for this project. Tetra Tech has completed an evaluation of these bids. The project total bid prices submitted for the three (3) bidders and the engineer's estimate are as shown below.The engineering estimate is higher than the price range of the two(2) lowest bids. L7 Construction, Inc. and Florida Design Contractors, LLC were the two lowest bidders. Razorback, LLC submitted a significantly higher bid compared to the other bidders; therefore, the bid submitted by Razorback, LLC. was not included in the bid evaluation. L7 Construction, Inc.—Total Bid: $1,380,070.00 Florida Design Contractors, LLC.—Total Bid: $1,574,000.00 Razorback, LLC—Total Bid: $2,948,000.00 Engineer's Estimate: $2,120,000.00 L7 Construction, Inc. (CGC1514056) and Florida Design Contractors, LLC (CGC1428648) both provided active Certified General Contractor licenses.The licenses for both bidders have been verified as active and acceptable to perform the work in accordance with Chapter 489 of the Florida Statues. Tetra Tech 201 E.Pine Street,Suite 1000,Orlando,FL 32801 Tel 407.839.3955 Fax 407.839.3790 www.tetratech.com Tt TETRA TECH Mr. Ratliff April 4, 2023 Page 2 Tetra Tech contacted references for the most relevant three (3) project references of the twenty (20) provided by each of the two (2) lowest bidders. Attached to this letter are the reference evaluations received for those projects.Tetra Tech received responses from all of the reference projects listed. Below is a summary related to each project reference contacted by Tetra Tech for L7 Construction, Inc. and Florida Design Contractors, LLC.: L7 Construction, Inc. Project 1: Owner: City of Daytona Beach Project Name: Bethune Point WRF Phase 1 Description of work: Process upgrades at the Bethune Point WRF including conversion of clarifier mechanisms to Ovivo Spiral Blade, replacement of sock diffusers with disc diffusers in two aeration tanks, gasket replacement on process air piping, replacement of the platform in one of the clarifiers, replacement of all handrail inserts at the clarifier platforms, and replacement of all electrical wires to the three clarifiers. Contract amount: $750,900.00 Project 2: Owner: City of Altamonte Springs Project Name: Altamonte Springs WRF Phase 1 & 2 Description of work: The scope of this project included installing and maintaining dewatering for forming and pouring of four 90' diameter clarifiers and installation of new equipment, demolishing three existing rectangular clarifiers, installing temporary chemical feed for process to continue operation, installing two new precast manholes,formation of new splitter box with four new weir slide gates, and the installation and maintenance bypass of existing flocculation tanks. Contract amount: $11,687,684.90 (with ODP) Project 3: Owner: City of Palm Bay Project Name: NRWWTP Clarifier#2 Design Description of work: Project consists of removing and hauling off sludge and trench drain from existing sludge drying bed. A dewatering system was installed to complete the excavation for the new 110' diameter clarifier. Contract amount: $205,374.00 Tt TETRATECH Mr. Ratliff April 4, 2023 Page 3 Florida Design Contractors, LLC Project 1: Owner: Town of Jupiter Project Name: Jupiter Mobile Bed Absorber Improvements Description of work: This project consists of demolishing the existing and construct new mechanical, structural, and instrumentation improvements to an existing hydrogen sulfide odor control system with two Mobile Bed Absorber (MBA) towers. Contract amount: $515,100.00 Project 2: Owner: City of Zephyrhills Project Name: Wastewater Treatment Facility (WWTF) Advanced Water Treatment (AWT) Upgrade Description of work: This project consisted of modifications to the existing WWTF including tertiary filtration improvements, deep foundation improvements to support and accommodate the proposed structures and reduce settlement, and modifications to Oxidation Ditch 1, 2, and 3. Contract amount: $5,553,248.73 Project 3: Owner: Seminole Tribe of Florida Project Name: Seminole Hollywood Reservation Ground Storage Tank & Pump Station Description of work: This project consisted of the construction of facilities for the Seminole Tribe of Florida ground storage tank.The work includes but is not limited to a 1.6 million gallon ground level water storage tank; high service pump station; sitework, yard piping, process piping, and site utilities;earthwork; instrumentation and electrical work; as well as tie-ins, valves, and surface restoration. Contract amount: $4,957,302.39 Following review and discussions with the references for the above projects, L7 construction, Inc. completed all the projects successfully and to the satisfaction of the owners. Based on the amount of relevant experience submitted upon evaluating their recent performance, L7 Construction, Inc. appears to have the appropriate experience and is therefore considered qualified for the referenced project. In summary, Tetra Tech has reviewed the three (3) bids and has determined that the apparent lowest bidder has provided sufficient documentation in accordance with the City of Cape Canaveral's requirements. L7 construction, Inc. was determined to meet all of the qualifications for this project and provided references who recommended them accordingly. Based on this evaluation,our recommendation is that the WRF Clarifier Rehabilitation Contract be awarded to L7 construction, Inc. in the amount of $1,380,070.00.This recommendation is free of conflicts of interests. Tt TETRA TECH Mr. Ratliff April 4, 2023 Page 4 Tetra Tech appreciates this opportunity to serve the City of Cape Canaveral for this important project. Should you require further information or have any questions, please do not hesitate to contact us. Sincerely, Tetra Tech (Signature) Tyler Achotegui, P.E. Project Manager CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • APRIL 18, 2023 AGENDA ITEM SUMMARY • ITEM # 7 Subject: Approve four (4) proposed resilience -based project funding matches, of up to a combined $150,000 in the City's 2023/2024 Fiscal Year budget, for Hazard Mitigation Grant Program Applications for critical energy backup needs and flood mitigation. Department: Community and Economic Development — Resilience Division Summary: The Federal Emergency Management Agency (FEMA) provides funding to state, local, tribal, and territorial governments so they can develop hazard mitigation plans and invest in infrastructure to reduce future disaster losses via the Hazard Mitigation Grant Program (HMGP). HMGP funding is an activated partnership following a major disaster declaration, like a hurricane, with a 75%/25% federal/non-federal match requirement for project costs. For a municipality to receive HMGP funding, it must first receive prioritization and support from the associated county - level Local Mitigation Strategy (LMS). Cities participate in LMS taskforces to provide a unified program for the county and its incorporated municipalities when it comes to identifying potential hazards, vulnerabilities to people and infrastructure, and critical pieces of infrastructure necessary for maintaining health, safety, and welfare of residents before, during, and after a catastrophic event. Additionally, an LMS taskforce develops a prioritized list of pre- and post- hazard mitigation initiatives (projects) eligible for funding via the HMGP. The LMS taskforce in Brevard County, called "Brevard Prepares," comprises local governments, agencies, community organizations, and institutions, and operates with the support of Brevard County Emergency Management (EM) since its establishment in 1998. The City of Cape Canaveral is currently an active member of Brevard Prepares. At this time, the Hurricane Ian (DR-4673) HMGP application period is open for counties and municipalities to request funding for long-term hazard mitigation projects. The application period closes on May 31, 2023, for this particular funding source. Brevard County is estimated to receive $4,682,156.48 through the HMGP cycle. EM notified the Brevard Prepares members of the funding availability, and City Staff prepared four (4) separate project proposals for review by the taskforce at their March 21, 2023, meeting (Attachments 1-4). The projects are listed below for quick reference: 1. Portable Generator Project 2. C5 Battery Storage Project 3. Portable Sewer Pump Project 4. Portable 10-in. Stormwater Pump Project Brevard Prepares unanimously voted to support all four (4) proposed projects for prioritization regarding the City's Hurricane Ian (DR-4673) HMGP application (Attachment 5). Each of these four projects are intended to help improve the City's continuity of operations in regards to critical infrastructure — and subsequent resident safety and security — by allowing for emergency energy backup and generation, as well as increase Staff's ability to quickly and effectively respond to flood situations across multiple lift stations and stormwater basins if necessary. City of Cape Canaveral City Council Meeting • April 18, 2023 Agenda Item # 7 Page 2 of 2 City Staff next steps include seeking Council approval for the City's budget to provide the 25% required match for the proposed projects. Staff is also investigating and pursuing eligible grants for the required match. Administratively, the projects are considered separate applications to increase chances of receiving funding for at least one of them, as funding can be awarded on a mutually exclusive basis. Once approved, Staff will continue compiling the required materials for the application and submit by the May 31, 2023, deadline. Submitting Department Director: David Dickey Attachments: 1) City of Cape Canaveral Portable Generator Project Application 2) City of Cape Canaveral Community Center (C5) Battery Storage Project Application 3) City of Cape Canaveral Portable Sewer Pump Project Application 4) City of Cape Canaveral Portable 10-in. Stormwater Pump Project Application 5) Brevard Prepares Local Mitigation Strategy (LMS) March 21, 2023 Meeting Minutes Financial Impact: Up to $150,000 for all four (4) proposed projects of City funds, including general fund, wastewater fund, and stormwater fund. The City may receive funding on a mutually exclusive basis for the projects, i.e. awarded for each project on a case -by -case basis. The $150,000 estimate is higher than the potential 25% match ($110,000) for the sake of contingency. Staff is investigating additional eligible grants for each of these projects to reduce costs to the City. Matches must be non-federal in nature. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Approve four (4) proposed resilience -based project funding matches, of up to a combined $150,000 in the City's 2023/2024 Fiscal Year budget, for Hazard Mitigation Grant Program Applications for critical energy backup needs and flood mitigation. Approved by City Manager: Mia Goforth for Todd Morley Attachment 1 BREVARD PREPARES Building a Disaster Resistant Community (321) 637-6670 www.cmbrevard.com Brevard County Local Mitigation Strategy SCORE Click here to enter text. Mitigation Initiative Proposal Form Date Submitted: 3/20/2023 Jurisdiction Name: City of Cape Canaveral Agency Submitting Brevard County LMS Steering Committee Initiative (Sponsor): Contact Person: Alexis "Lexi" Miller Email Address: a.miller@cityofcapecanaveral.org Phone Number: 321-616-4049 Is this initiative new or a revision of an earlier initiative? 4 © New 0 Revision Is the mitigation initiative consistent with the Guiding Principles, Goals, and Objectives of the Brevard County © Yes Local Mitigation Strategy? X Yes O No Map(s) and/or other attachments? • Yes X No Mitigation Initiative Project Title: City of Cape Canaveral Portable Generator Description: The City of Cape Canaveral operates a wastewater treatment facility for its entire community, comprising approximately of 10,000 residents; and, additionally, operates a County fire department, a sheriff's office, a public library, a 24,300 square foot community center, and various other critical municipal operations. Not every facility currently has a backup generator to maintain necessary operations during power loss, yet the facilities themselves are susceptible to losing electricity due extreme weather events. A portable 125 kW diesel generator would allow the City to maintain a flexible and adaptive response between loss of power and restoration, maintaining continuity of operations at certain lift stations for sewer infrastructure and/or for power assurance at the community center, which is intended to function as a resilience hub for post -disaster event staging and operations. Additionally, a portable generator could provide additional capacity to facilities already equipped with generators. Mitigation Initiative Proposal Form 1 Cost to Implemen the Mitigation Initiative: Estimated $100,000 Hazard Identification Identify the hazards intended to be addressed by this initative by checking all applica boxes below. X Natural Hazards X High Winds O Storm Surge/ Tsunami O Coastal Erosion X Flood X Tornados X Thunderstorms/ Lighting O Sea Level Rise O Drought O Severe Winter Storms O Extreme Heat O Wildfire O Ag. Infestation/ Disease O Other Natural Hazard Click here to enter text. X Technological Hazards O Bulk Fuel Tank O Radiological Release O Rail Transportation Incident O Oil/Hazmat Spill X Loss of Comm. Systems X Proglonged Utility Failure O Terroism O Other Tech. Hazard Click here to enter text. X Soicietal Hazards O Pandemic/Epidemic O Mass Casualty O Transportation Accidents O Civil Disorder/Crime O Other Societal Hazard Click here to enter text. Funding Source Select the most approriate category of funding for the proposal from the list below O General Fund O Pre-Disaster Mitigation Grant O State Homeland Security Program O Flood Mitigation Assistance Grant X Hazard Mitigation Grant Program O Community Development Block Grant O Residential Construction Mitigation Program O 406 PA Mitigation O Other type of funding Click here to enter text. This section to be completed by Steering Committee Chairperson or designee Has this mitigation intitative been approved by the Steering Committee: O Yes O No If yes, date accepted Steering Community Priority Ranking Score Mitigation Initiative Proposal Form 2 Notes: Mitigation Initiative Proposal Form 3 Attachment 2 BREVARD PREPARES Building a Disaster Resistant Community (321) 637-6670 www.cmbrevard.com Brevard County Local Mitigation Strategy SCORE Click here to enter text. Mitigation Initiative Proposal Form Date Submitted: 3/20/2023 Jurisdiction Name: City of Cape Canaveral Agency Submitting Brevard County LMS Steering Committee Initiative (Sponsor): Contact Person: Alexis "Lexi" Miller Email Address: a.miller@cityofcapecanaveral.org Phone Number: 321-616-4049 ■ Revision ■ No Is this initiative new or a revision of an earlier initiative? 4 © New Is the mitigation initiative consistent with the Guiding Principles, Goals, and Objectives of the Brevard County © Yes Local Mitigation Strategy? ■ No Map(s) and/or other attachments? © Yes Mitigation Initiative Project Title: City of Cape Canaveral Community Center (C5) Battery Storage Description: The City of Cape Canaveral Community Center (C5) was officially opened in September 2022, and serves as a recreational activity and program hub for the City's 10,000 residents and its visitors. The City is currently looking to phase the C5 into an official community resilience hub, a facility for pre- and post -disaster logistics and staging operations to serve the community and partners in the face of disaster. Outfitted with a 48 kW rooftop solar array comprised of 72 panels, the C5 is currently "battery ready" for an attached energy storage system (ESS) scoped out by ESA Solar, the contractor the City worked with for the existing solar system. The ESS would have a 68.4 kWh capacity to provide lighting and critical loads backed up for 4 hours with a direct link to the solar system. Critical loads would include refrigeration, pumps for potable water, and communications. Additionally, by phasing in an ESS, the C5 would be able to operate on produced power from the panels, which currently offsets 54% of the facility's total annual demands and could provide the necessary energy for post -disaster operations for the community, including air- conditioned zones and mobile device charging. Mitigation Initiative Proposal Form 1 Cost to Implement the Mitigation Initiative: • Estimated up to $100,000 Hazard Identification Identify the hazards intended to be addressed by this initiative by checking all applicable boxes below. X Natural Hazards X High Winds X Storm Surge/ Tsunami O Coastal Erosion X Flood X Tornados X Thunderstorms/ Lighting O Sea Level Rise O Drought O Severe Winter Storms X Extreme Heat O Wildfire O Ag. Infestation/ Disease O Other Natural Hazard Click here to enter text. X Technological Hazards O Bulk Fuel Tank O Radiological Release O Rail Transportation Incident O Oil/Hazmat Spill X Loss of Comm. Systems X Prolonged Utility Failure O Terrorism ❑ Other Natural Hazard Click here to enter text. text. X Societal Hazards X Pandemic/Epidemic X Mass Casualty O Transportation Accidents O Civil Disorder/Crime O Other Societal Hazard Click here to enter text. Funding Source Select the most appropriate category of funding for the proposal from the list below. ❑ General Fund ❑ Flood Mitigation Assistance Grant ❑ Residential Construction Mitigation Program Pre -Disaster Mitigation Grant ❑x Hazard Mitigation Grant Program 406 PA Mitigation State Homeland Security Program Community Development Block Grant Other type of funding Click here to enter text. This section to be completed by Steering Committee Chairperson or designee Has this mitigation initiative been approved by the Steering Committee? If yes, date accepted: ❑ Yes ❑ No Steering Committee Priority Ranking Score Mitigation Initiative Proposal Form 2 Notes: Mitigation Initiative Proposal Form 3 Attachment 3 BREVARD PREPARES Building a Disaster Resistant Community (321) 637-6670 Brevard County Local Mitigation Strategy SCORE Click here to enter text. Mitigation Initiative Proposal Form Date Submitted: 3/20/2023 Jurisdiction Name: City of Cape Canaveral Agency Submitting Brevard County LMS Steering Committee Initiative (Sponsor): Contact Person: Alexis "Lexi" Miller Email Address: a.miller@cityofcapecanaveral.org Phone Number: 321-616-4049 ■ Revision ■ No Is this initiative new or a revision of an earlier initiative? 4 © New Is the mitigation initiative consistent with the Guiding Principles, Goals, and Objectives of the Brevard County © Yes Local Mitigation Strategy? ■ No Map(s) and/or other attachments? © Yes Mitigation Initiative Project Title: City of Cape Canaveral Portable Sewer Pump Description: The City of Cape Canaveral operates a wastewater treatment facility that serves a residential population of 10,000 as well as integral municipal and commercial operations. The City's municipal sewer system comprises 13 total lift stations, four of which are not equipped with a permanent generator due to location/feasibility issues. Acquiring a portable, 6-8 inch bypass pump/assembly would allow the City to both proactively and reactively maintain service at a lift station in the event of power loss due to a hurricane or major storm event, a shut down for electrical issues, necessary repairs or inspections, and/or if a section of the gravity sewer main needed inspection. As an island bounded by the Banana River Lagoon on the West and with sensitive ecosystems along the shoreline, maintaining level of service, power assurance, and continuity of operations throughout the entire municipal sewer system in the City is an integral step for infrastructure resilience and local ecological protection. The City has received multiple quotes for this assembly. Mitigation Initiative Proposal Form 1 Cost to Implemen the Mitigation Initiative: • Estimated up to $90,000 Hazard Identification Identify the hazards intended to be intended to be addressed by this initiative by checking all applicable boxes below. X Natural Hazards X High Winds X Storm Surge/ Tsunami O Coastal Erosion X Flood X Tornados X Thunderstorms/ Lighting O Sea Level Rise O Drought O Severe Winter Storms O Extreme Heat O Wildfire O Ag. Infestation/ Disease O Other Natural Hazard Click here to enter text. X Technological Hazards Bulk Fuel Tank • Radiological Release • •Rail Transportation Incident X Oil/Hazmat Spill X Loss of Comm. Systems X Prolonged Utility Failure O Terrorism O Other Tech. Hazard Click here to enter text. X Societal Hazards O Pandemic/Epidemic O Mass Casualty O Transportation Accidents O Civil Disorder/Crime O Other Societal Hazard Click here to enter text. Funding Source Select the most appropriate category of funding for the proposal from the list below. ❑ General Fund ❑ Flood Mitigation Assistance Grant ❑ Residential Construction Mitigation Program Pre -Disaster Mitigation Grant ❑x Hazard Mitigation Grant Program 406 PA Mitigation State Homeland Security Program Community Development Block Grant Other type of funding Click here to enter text. This section to be completed by Steering Committee Chairperson or designee Has this mitigation initiative been approved by the Steering Committee? If yes, date accepted: ❑ Yes ❑ No Steering Committee Priority Ranking Score Mitigation Initiative Proposal Form 2 Notes: Mitigation Initiative Proposal Form 3 Attachment 4 BREVARD PREPARES Building a Disaster Resistant Community (321) 637-6670 www.cmbrevard.com Brevard County Local Mitigation Strategy SCORE Click here to enter text. Mitigation Initiative Proposal Form Date Submitted: 3/20/2023 Jurisdiction Name: City of Cape Canaveral Agency Submitting Brevard County LMS Steering Committee Initiative (Sponsor): Contact Person: Alexis "Lexi" Miller Email Address: a.miller@cityofcapecanaveral.org Phone Number: 321-616-4049 • Revision • No Is this initiative new or a revision of an earlier initiative? 4 © New Is the mitigation initiative consistent with the Guiding Principles, Goals, and Objectives of the Brevard County © Yes Local Mitigation Strategy? • No Map(s) and/or other attachments? © Yes Mitigation Initiative Project Title: City of Cape Canaveral Portable 10-in. Stormwater Pump Description: The City of Cape Canaveral faces a unique set of stormwater management challenges as a built -out barrier island community. Flooding in highly impervious, residential neighborhoods is an unfortunately common occurrence, even from unnamed rain events as the frequency and severity of these events increase and the Banana River Lagoon experiences more severe seasonal rises, reducing pipe and outfall capacity to discharge runoff. Currently, the City operates a temporary 6-inch diesel pump, as needed, at the Center Street Basin outfall, the ultimate discharge point for the Presidential Streets neighborhood, the site of many hazardous flood events that threaten homes. This leaves no other pump to mitigate flooding elsewhere in the City as needed. With an additional 10-inch pump assembly, the City will have capacity to alleviate flooding while it works on long-term, permanent flood mitigation in the Presidential Streets and other flood -prone neighborhoods. City staff have recorded up to five severe rain events since 2021 that have caused significant flooding in residential areas utilizing City -owned weather stations, three of which happened in 2022. The City has received multiple quotes for this assembly. Mitigation Initiative Proposal Form 1 Cost to Implemen the Mitigation Initiative: • Estimated up to $150,000 Hazard Identification Identify the hazards intended to be addressed by this initiative by checking all applicable boxes below. X Natural Hazards ❑ High winds ❑ Storm Surge/ Tsunami ❑ X Coastal Erosion ❑ X Flood ❑ Tornados • ❑ X Thunderstorms/ Lighting ❑ X X Sea Level Rise ❑ Drought ❑ Severe Winter Storms ❑ Extreme Heat ❑ Wildfire ■ Ag. lnfestation/ Disease ❑ Other Natural Hazard Click here to enter text. X Technological Hazards O Bulk Fuel Tank O Radiological Releases O Rail Transportation Incident O Oil/Hazmat Spill O Loss of Comm. Systems X Prolonged Utility Failure O Terrorism O Other Tech. Hazard Click here to enter text. X Societal Hazards O Pandemic/Epidemic O Mass Casualty X Transportation Accidents O Civil Disorder/Crime X Other Societal Hazard Loss of property (homes) Funding Source Select the most appropriate category of funding for the proposal from the list below. ❑ General Fund ❑ Flood Mitigation Assistance Grant ❑ Residential Construction Mitigation Program Pre -Disaster Mitigation Grant X Hazard Mitigation Grant Program 406 PA Mitigation State Homeland Security Program Community Development Block Grant Other type of funding Click here to enter text. This section to be completed by Steering Committee Chairperson or designee Has this mitigation initiative been approved by the Steering Committee? If yes, date accepted: ❑ Yes ❑ No Steering Committee Priority Ranking Score Mitigation Initiative Proposal Form 2 Notes: Mitigation Initiative Proposal Form 3 Attachment 5 Brevard County LMS Steering Committee Ian HMGP Meeting Minutes Date: Tuesday, March 21st, 2023 at 2:00 PM Brevard County Emergency Operations Center 1746 Cedar St, Rockledge, Florida 32955 CaII to Order Brendon Collins, Brevard County Emergency Management, called the meeting to order at 2:15 PM II. In attendance Name Agency, Department, Jurisdiction Ryan Duckworth, Chair City of Cocoa Beach Cory Dibble, Vice -Chair Canaveral Port Authority Kyle Mack City of Titusville Heather Kinney City of Titusville Jessica Erdman City of Cape Canaveral Alexis Miller City of Cape Canaveral Melinda Huser City of Cape Canaveral Jim Wilson City of Rockledge Clark Simmons City of Melbourne Jonathan Lamm City of Cocoa Virginia Barker Brevard County BOCC, NRMD Bach McClure Brevard County BOCC, NRMD John Miller Brevard County BOCC, DPW Brendon Collins Brevard County BOCC, OEM III. Minutes A. Welcome a. Cory Dibble, Vice Chair, and Brendon Collins, Brevard County Emergency Management, welcomed everyone back and introduced the attendees to the initiative submittal process B. Presentations a. Mr. Collins presented guidance on the funding for the Hurricane Ian HMGP and the guidelines for eligible projects to the Steering Committee C. Initiative Proposals a. The Steering Committee first considered initiatives already incorporated into the LMS, then evaluated new initiative submissions. The Steering Committee then considered the new, approved initiatives for HMGP funding b. Mr. Dibble, Vice Chair and Voting Member from the Canaveral Port Authority presented initiative BRV-0865, a generator project, for approval to apply for Ian HMGP funding c. Clark Simmons, City of Melbourne, presented initiative BRV-0877, a generator project for fire stations, for approval to apply for Ian HMGP funding Brevard County LMS Steering Committee Ian HMGP Meeting Minutes Date: Tuesday, March 21st, 2023 at 2:00 PM Brevard County Emergency Operations Center 1746 Cedar St, Rockledge, Florida 32955 d. Bach McClure, Brevard County BOCC Natural Resources Management Department, presented initiative BRV-0621, a drainage improvement project, for approval to apply for Ian HMGP funding e. Virginia Barker, Brevard County BOCC Natural Resources Management Department, presented initiative BRV-0832, a vacant land acquisition project in the south beaches, for approval to apply for Ian HMGP funding f. Alexis Miller, City of Cape Canaveral, presented four initiative proposals for incorporation into the LMS. Each project was assigned a number for easier tracking I. BRV-0893 — City of Cape Canaveral Battery Storage II. BRV-0894 — City of Cape Canaveral Portable 6in Sewer Pump III. BRV-0895 — City of Cape Canaveral Portable 10in Sewer Pump IV. BRV-0896 — City of Cape Canaveral Portable Generator D. Steering Committee Initiative Vote a. Once a quorum was reached, the Steering Committee voted on the initiative proposals for HMGP funding I. All initiatives were unanimously approved for HMGP funding b. The Steering Committee then voted to incorporate new initiatives in the LMS I. All initiatives were unanimously approved for LMS incorporation c. The Steering Committee then voted to approve the initiatives from the City of Cape Canaveral for HMGP funding I. All initiatives were unanimously approved for HMGP funding d. The total amount approved for the HMGP funding application was $6.209 million; Brevard County received just over $4.6 million in the initial HMGP allocation E. Open Forum a. Ryan Duckworth, Chair, summarized the previous actions and discussed different grant opportunities available b. Jonathan Lamm, City of Cocoa, discussed funding opportunities available through the US Department of Defense and provided a point of contact as well as funding difficulties due to inflation c. Mr. Dibble proposed the creation of a new secretary position within the Steering Committee I. The Steering Committee voted unanimously for the creation of the secretary position II. A job description will be presented to the Steering Committee at the next meeting to be added to the by-laws III. The Steering Committee elected Alexis Miller to the new secretary position d. The group then reviewed HMGP application procedures and best practices e. The group also reviewed this year's Back to Mitigation Basics theme Brevard County LMS Steering Committee Ian HMGP Meeting Minutes Date: Tuesday, March 21st, 2023 at 2:00 PM Brevard County Emergency Operations Center 1746 Cedar St, Rockledge, Florida 32955 f. Personnel changes I. The City of Cape Canaveral appointed Alexis Miller as their representative on the Steering Committee II. The City of Titusville appointed Heather Kinney as their representative on the Steering Committee III. The Steering Committee voted unanimously to approve these changes IV. Adjourn The Steering Committee Meeting concluded adjourned at 4:00 P.M. The next meeting is scheduled for Tuesday, May 23rd, 2023 at 2:00 P.M. A new meeting could be scheduled in the interim, as needed CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • APRIL 18, 2023 AGENDA ITEM SUMMARY • ITEM # 8 Subject: Schedule a date and time in May 2023 for a City Council Workshop to review the Draft Summary Report for Projects presented at the Strategic Planning Retreat of March 29, 2023. Department: City Clerk's Office Summary: At its March 29, 2023 Strategic Planning Retreat, City Council reached consensus to hold a Workshop in the month of May 2023, prior to the July 18, 2023 Budget Workshop. The purpose will be to review Strategic Planning Consultant Doug Thomas' Draft Summary Report, containing items and projects that were presented for consideration at the Retreat. In line with prior scheduling of City Council Workshops, the most consistent choice would be to hold such a Workshop on Tuesday, May 15, 2023, prior to the 6:00 p.m. Regular Council Meeting. Such scheduled Workshops have started as early as 4:00 p.m. and as late as 5:30 p.m. Alternatively, the 2023 Meeting Schedule, adopted by Council on December 6, 2022, also includes Tuesday, May 2, 2023 as a reserved date for Council to meet, if necessary. With no Meeting immediately following, that allows for greater flexibility with a start time. Should Council choose this date, it may require an accelerated timeframe for Mr. Thomas to prepare and finalize the Draft Summary Report. It is now incumbent upon Council to discuss and select a date and time to hold this Workshop. Submitting Department Director: Mia Goforth 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: Schedule a date and time in May 2023 for a City Council Workshop to review the Draft Summary Report for Projects presented at the Strategic Planning Retreat of March 29, 2023. Approved by City Manager: Mia Goforth for Todd Morley CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • APRIL 18, 2023 AGENDA ITEM SUMMARY • ITEM # 9 Subject: Discuss the installation of DrownZero stations near public beach crossovers in collaboration with the Cocoa Beach Rotary Club. Department: Community and Economic Development Summary: Recently, the City of Cape Canaveral (City) was approached by representatives from the Cocoa Beach Rotary Club with the prospect of installing "DrownZero stations" at multiple locations near public beach crossovers in the City. DrownZero stations consist of mono -posts equipped with orange flotation rings that can be used by beachgoers to provide assistance to distressed swimmers and help prevent potential drownings (Attachment 1). The Rotary Club offered to install up to 26 DrownZero stations free -of -charge in Cape Canaveral, funded by grant money the Rotary Club receives from the Surfing's Evolution and Preservation Foundation. Staff conducted due diligence on DrownZero by performing background research regarding the installation/maintenance/durability of DrownZero Stations, making site visits, and speaking with representatives from the Rotary Club and the coordinator of the program in the City of Cocoa Beach. Staff also spoke with the City of Cocoa Beach's Environmental Specialist, Kelsey Mack, on Wednesday, March 15, 2023 — currently there are 42 stations in Cocoa Beach. Important information was gathered from these conversations, including: • DrownZero stations have had a presence in Cocoa Beach for 5 years. Stations were initially located approximately at the dune line, but Cocoa Beach now situates them approximately 10-20 feet from the dune line toward the water. Staff is present with representatives during installation to ensure ideal placement. • A representative from the Florida Department of Environmental Protection (FDEP) confirmed that as mono -post structures, the stations are exempt from the permit requirement per 62B-33.004(2)(c). The representative did recommend having the areas "cleared" for approval by the area's marine turtle permit holder prior to installation. Marine turtle permit holders are volunteers that have been certified by Florida Fish and Wildlife Conversation Commission to monitor activities such as this to ensure they are being done in a way that will not impact sea turtle nesting. Staff has reached out to the permit holder designated for the area, Mark Mercadante, to coordinate installation. • Local businesses or organizations can "adopt" individual stations for a yearly fee, which is used for maintenance of the stations. A small sign (-8-10") advertising the business or organization can be placed on top of the station. • In order to deter vandalism and/or theft, the stations can include a sticker citing Florida State Statute 812.014 ($1,000 fine or jail term for vandalism/theft of stations). • While it is recommended that the City be primarily responsible for checking the stations, the Rotary Club periodically inspects the stations for wear and tear. The Club will replace any stolen or damaged flotation rings. • The City previously had stations installed that were significantly damaged during a hurricane, leading to their removal. In the event of a major storm, stations can be removed from the beach and taken to higher ground as they will not be placed in any sort of concrete base. While this will primarily be the responsibility of the City, the Club is available to assist. City of Cape Canaveral City Council Meeting • April 18, 2023 Agenda Item # 9 Page 2 of 2 Each year there are reports of deaths due to accidental drownings. An article written for ClickOrlando on December 8, 2022, reports that there were 3 drownings and almost 150 rescues on Brevard beaches between Thanksgiving (November 24, 2022) and the date of the article. An article written for Spectrum News13 on March 13, 2023, states that there have been 4 drownings in Brevard "in the last several weeks." There are several news articles referencing occasions where the flotation rings were used to prevent potential drownings (Attachment 2): • A video feature was done by WFTV News 9 on April 24, 2019, about 2 stations being used in one day in Cocoa Beach. Link to video: http://www.wftv.com/2019/04/25/video- good-samaritan-made-use-of-brevard-countys-drown-zero-flotation-device • An article from the Florida Today on May 28, 2020, was written about a man, Willy Le, who used the life ring at 10th Street South in Cocoa Beach in order to save a man caught in a riptide. According to the article, "Le said he would have attempted to rescue the man even had the life ring not been by the boardwalk, but he knows the outcome might have been much different had it not been there." • An article from Hometown News Brevard on March 9, 2023, references a man vacationing from New York, Rick Jander, who with the help of his granddaughter used the life ring from a recently -installed station to save a young boy from drowning. His wife is quoted in the article as saying, "Those life rings saved a life and they also got another body into a family that wanted it.... My husband would never go out without a life ring. You just don't do that." Given DrownZero's successful implementation in the neighboring localities of Cocoa Beach and Melbourne Beach, its low cost to the City (in both money and time), and proven track -record of being effective in the saving of lives, Staff feels that the City should move forward with coordinating the installation of DrownZero stations at public beaches. As the City has 17 public crossovers and there are up to 26 stations available, the exact location of the stations will need to be determined. Community and Economic Development is prepared to coordinate with the Cocoa Beach Rotary Club, the Public Works Service Department, and the local marine turtle permit holder to arrange for the installation of stations should Council elect to proceed. Submitting Department Director: David Dickey Attachments: 1. Photos of existing DrownZero Station in Cocoa Beach 2. Copies of news articles with mentions of DrownZero Financial Impact: Staff time and effort to prepare this agenda item. The stations are free -of -charge, but will require Staff time to maintain once installed. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Authorize the installation of DrownZero stations near public beach crossovers in collaboration with the Cocoa Beach Rotary Club. Approved by City Manager: Mia Goforth for Todd Morley Attachment 1 [Photo of DrownZero float installation on beach] USE AT YOUR OWN RISK "THROW...DON'T GO" [Photo of DrownZero float installation on beach] USE AT YOUR OWN RISK "THROW...DON'T GO" 4/4/23, 1:49 PM 'Hero' uses life ring to save struggling stranger in Cocoa Beach Attachment 2 NEWS florida today 'Hero' uses life ring to save struggling stranger in Cocoa Beach Tim Walters Florida Today Published 12:40 p.m. ET May 28, 2020 I Updated 12:54 p.m. ET May 28, 2020 COCOA BEACH — Willy Le was just wrapping up a day at the beach on S. 10th St. with his children on May 21 when he noticed something amiss. Le heard calls for help, but he thought two men were joking around because one of them swam back to the beach. He soon realized something was wrong. "We watched him for a bit and after a few minutes, I knew that it was no joke," Le said. "He was caught in a bad rip current and was trying to fight it by swimming straight in toward the beach. I ran up to his buddy, who was worn out from fighting the rip as well, and told him to run and get me the life ring as I explained to my kids that I had to leave them and help the guy in the water." Life rings adjacent to the boardwalk are provided in case of emergency by Cocoa Beach Rotary Club. Le, 40, left his 7-year-old daughter in charge of his 4-year-old son and ran into the water in an attempt to save the struggling stranger. Le explained: "Once I got the life ring I ran to the water and jumped in. I started swimming to him as the riptide pulled me along. He had those crazy eyes like it was going to be his last breath at any second while he was getting pounded by the rough surf and getting pulled out to sea. I got to him pretty quickly, had him hang on to the float and calmed him down telling him to just ride the riptide with me until we are out of it, then we can swim north, then in. When we finally made it out of the rip, I tried to body surf every wave that came to us while pulling him along with me until we could reach the bottom and stand up. Once his feet were able to touch bottom, I saw a sigh of relief in his face, then we just walked up to the beach https://www.floridatoday.com/story/news/2020/05/28/hero-uses-life-ring-save-struggling-stranger-cocoa-beach/5265337002/ 1/2 4/4/23, 1:49 PM 'Hero' uses life ring to save struggling stranger in Cocoa Beach and went our separate ways after checking if he was OK and a quick, `Thank you for saving my life.' He was clearly still in shock and whooped." Le said the man's name was Sam and he'd said he was from California. "I have 30 years experience surfing the waters of Cocoa Beach and chasing big hurricane swells so I feel pretty comfortable in rough surf and rip currents, but I'll tell you one thing, that was the worst rip that I've been in without a surfboard," he said. Le, who owns and operates Native Fly Charters, next rushed back to his children. A woman who was watching the events unfold took it upon herself to watch over Le's children while he did his heroic deed. "Once Willy went into the water I stayed close to his children, keeping them calm," said Kathryn Kope of Cocoa Beach. "I stayed with them until he came back. I explained to them what was going on all the time so they wouldn't be scared. I told them their Daddy was a hero." Le added: "I did not know Kathryn before. She was set up about loo feet to the north of us by herself. She saw me run to help, I just told my kids to stay put as I helped the man, and when it was all over, Kathryn was standing with my kids and watching over them." Le said he would have attempted to rescue the man even had the life ring not been by the boardwalk, but he knows the outcome might have been much different had it not been there. "I didn't really think nothing of it at the time, I just acted before thinking and knew something had to be done soon," he said. "If it wasn't for the life ring, it wouldn't have been a happy ending for the both of us, because he would have taken me under with him for sure. He was easily twice my size so there was no way I could swim him in without any help." Walters can be reached at twalters@gannett.com https://www.floridatoday.com/story/news/2020/05/28/hero-uses-life-ring-save-struggling-stranger-cocoa-beach/5265337002/ 2/2 4/4/23, 1:49 PM Man saves boy from drowning 1 News 1 hometownnewsbrevard.com https://www,hometownnewsbrevard.com/news/man-saves-boy-from-drowning/article_e33876ea-bdeg- lled-bco3-27e25bbef2c7_.html Man saves boy from drowning By Chris Bonanno Mar g, 2023 Rick Jander MELBOURNE BEACH — A Michigan man recently saved a man from dying in the waters off Melbourne Beach, according to the Melbourne Beach Rotary Club, with the help of one of the lifesaving devices the club had recently installed along the town's beaches as part of the "Drown Zero" initiative. Rick Jander and his wife Laurel, both 64-years-old, say they were vacationing in Melbourne Beach in February from Michigan. They were on the beach in between Ocean Ave. and First Ave. on the afternoon of Feb. 19 when he says was made aware of a father and son duo that were in distress in the water. https://www.hometownnewsbrevard.com/news/man-saves-boy-from-drowning/article_e33876ea-bde9-11 ed-bc03-27e25bbef2c1.html 1/3 4/4/23, 1:49 PM Man saves boy from drowning 1 News 1 hometownnewsbrevard.com From there, Mr. Jander, with help from his granddaughter, who retrieved a life ring that the Club had recently installed on a stand in the area, went into the water. He says he was able to bring the son in initially and then went back in and helped the father with the help of a bystander. Unfortunately, despite medical attention given to the father on the beach, the father succumbed to his injuries but the son was able to live thanks to Mr. Jander's help. "It was a lot of praying, a lot of CPR, a lot of emotions," Mr. Jander said. Ms. Jander was quick to give praise to the device that aided her husband in saving the life that he did. "Those life rings saved a life and they also got another body into a family that wanted it," said Ms. Jander, who added that her husband had to go beyond the breakers in his rescue efforts. "....My husband would never go out without a life ring. You just don't do that" Still, despite his heroic efforts, Mr. Jander indicated he didn't feel like a hero. "It's what we do," Mr. Jander said. "We're human beings. We don't think of the moment" In December, Melbourne Beach Rotary Club Drown Zero program manager Sidney Pearl told Hometown News that 13 of the devices had been installed along Melbourne Beach ranging from Sunset Blvd. to Loggerhead Beach Dr. Now, Club member Brenda Brooks indicated she was grateful that the devices have been crediting with helping to save a life. "It's heartwarming and it feels like we're making a small difference in this world," Ms. Brooks said. Club president-elect Julie Kirkpatrick also indicated her excitement for the device's successful use. "We're thrilled," Ms. Kirkpatrick said. "We've (the Club) been working on this project since last summer." Both Janders were quick to give credit to first responders as well. https://www.hometownnewsbrevard.com/news/man-saves-boy-from-drowning/article_e33876ea-bde9-11 ed-bc03-27e25bbef2c1.html 2/3 4/4/23, 1:49 PM Man saves boy from drowning 1 News 1 hometownnewsbrevard.com "Super fast response," Mr. Jander added. https://www.hometownnewsbrevard.com/news/man-saves-boy-from-drowning/article_e33876ea-bde9-11 ed-bc03-27e25bbef2c1.html 3/3 4/4/23, 1:47 PM 3 drownings, almost 150 rescues on Brevard beaches since Thanksgiving, officials say NEWS WEATHER NEWS 6+ GETTING RESULTS. TRAFFIC FEATURES NEWS WEATHER NEWS 6+ GETTING RESULTS TRAFFIC FEATURES SPORTS BREAKING NEWS LIVE UPDATES: Donald Trump arrives at courthouse for historic arraignment Former President Donald Trump pumped his fist and waved before leaving Trump Tower, bound for the Manhattan courthouse nearly 4 miles (6 kilometers) away. HIDE LOCAL N EWS 3 drownings, almost 150 rescues on Brevard beaches since Thanksgiving, officials say Rescuers pulled 17-year-old girl, 56-year-old woman, man in his 50s from water Samantha Dunne, Digital Journalist Thomas Mates, Digital Storyteller Published: December 8, 2022 at 12:58 PM Updated: December 8, 2022 at 5:17 PM Tags: Brevard County, Beach, Beach Safety, Ocean, Weather, Hurricanes https://www.clickorlando.com/news/local/2022/12/08/brevard-ocean-rescue-to-hold-briefing-after-2-drownings/ 1/7 4/4/23, 1:47 PM 3 drownings, almost 150 rescues on Brevard beaches since Thanksgiving, officials say 6 NEWS WEATHER NEWS 6+ GETTING RESULTS TRAFFIC FEATURES WARNING RIP CURRENTS STATE replaces Tiger News 6 Morning 3 teens killed Brevard school boar... 2 Brevard Count BREVARD COUNTY, Fla. - Brevard County has seen almost 150 rescues, including three drownings in the past week, on its beaches since Thanksgiving, ocean rescue said in a Thursday briefing. Brevard County Ocean Rescue Chief Eisen Witcher said his team typically sees 400-450 rescues a year, adding these extra rescues and drownings are due to a combination of factors, including recent hurricanes and a developing tropical system, overpopulation, warm weather and a swimmer's own abilities. [TRENDING: Historic Orlando ice cream shop Goff's Drive In closing, owner hopes to find new location I Universal Orlando announces new Minions Land, complete with attraction and cafe Become a News 6 Insider] The increase in rescues since Thanksgiving is in part because of an increasing number of inshore holes and a compromised ocean floor, rendered unrecognizable after hurricanes Ian and Nicole. https://www.clickorlando.com/news/local/2022/12/08/brevard-ocean-rescue-to-hold-briefing-after-2-drownings/ 2/7 4/4/23, 1:47 PM 3 drownings, almost 150 rescues on Brevard beaches since Thanksgiving, officials say 6 NEWS WEATHER NEWS 6+ GETTING RESULTS TRAFFIC FEATURES FEATURES so deep that people aren't able to stand up on their own. And that's where they get into trouble." He added officials are cautioning beachgoers ahead of a tropical system expected to bring 6- to 10-foot surf Saturday and Sunday. "In light of the recent events, with the extra rescues, and drownings, we felt like it was appropriate to go over rip current awareness and beach safety," he said. He outlined the following beach safety guidelines: • Do not go to the beach by yourself. • If you get stuck in a rip current, make sure you are able to float and tread water to call for help. • If you get stuck in a rip current, let the rip take you out and then swim back parallel to shore. • Swim at county beaches with a lifeguard present. (Cocoa Beach Pier, Shepard Park, Minutemen Causeway, Lori Wilson Park and Paradise Beach) • Do not panic in the event of a rip current or beach -related emergency. In the event of a rip current, Witcher said swimmers can sometimes see "a sudden outflow of water" built by a break in the waves, but other times, they see nothing at all. "That's why I say that is one part of a lifeguard areas we can actually spot these things from our vantage point. And also check in with our flag system as well," he said. "We also have red flag, a double red flag, and we're planning on flying those types of flags as we go into the weekend and most likely for the remainder of the year." Witcher said there would be extra staff on the beaches to help keep people safe. The news briefing comes after a 17-year-old girl died after getting caught in rough surf off Cocoa Beach Sunday, a 56-year-old woman was found dead in the water by a surfer on Tuesday, a man in his 50s drowned in the ocean Wednesday. Get today's headlines in minutes with Your Florida Daily: https://www.clickorlando.com/news/local/2022/12/08/brevard-ocean-rescue-to-hold-briefing-after-2-drownings/ 3/7 4/4/23, 1:47 PM 3 drownings, almost 150 rescues on Brevard beaches since Thanksgiving, officials say 6 NEWS WEATHER NEWS 6+ GETTING RESULTS TRAFFIC FEATURES Your FLORIDA Daily SHARE SUBSCRIBE DESCRIPTION IN THIS PLAYLIST 10 OF 201 EPISODES Tuesday, April 4th 2023 3 min Monday, April 3rd 2023 4 min Friday, March 31st 2023 3 min Thursday, March 30th 2023 3 min Wednesday, March 29th 2023 3 min Copyright 2022 by WKMG ClickOrlando - All rights reserved. RELATED STORIES Mystery debris on Florida beach solved? Here's what archaeologists think it is Archaeologists believe mysterious debris revealed in the wake of Hurricane Nicole in Daytona Beach Shores could be from the 19th century. 'Last thing I expected:' Surfer recounts finding woman's body floating off Brevard beach Nick Monroe said he was surfing Tuesday at Paradise Beach near Indialantic when he discovered a woman's body floating in the water. Man drowns in ocean off Brevard County beach, deputies say A man died in Brevard County Wednesday after disappearing underwater during a swim, according to the sheriffs office. 17-year-old drowns in ocean off Cocoa Beach, police say A 17-year-old girl from New York is dead after she went missing in the rough surf off Cocoa Beach Saturday, according to the Cocoa Beach Police Department. 'Attacked, scratched, headbutted:' Brevard School Board discusses discipline issues in district Brevard County school board members are set to discuss discipline crackdown policies during a meeting. https://www.clickorlando.com/news/local/2022/12/08/brevard-ocean-rescue-to-hold-briefing-after-2-drownings/ 4/7 4/4/23, 1:48 PM Body of drowned teen recovered, identified in south Brevard 88 ORLANDO > I APRIL 4, 2023 LOG IN Footprints cover the sand on a Brevard beach where an 18-year-old drowned Friday, March 10. (Spectrum News/Greg Pallone) BODY RECOVERY Body of drowned teen recovered, identified in south Brevard BY GREG PALLONE I BREVARD COUNTY UPDATED 4:57 PM ET MAR. 13, 2023 BREVARD COUNTY, Fla — The body of 18- year-old who drowned in strong rip currents Friday was recovered early Monday morning. https://www.mynewsl 3.com/fl/orlando/news/2023/03/13/body-of-drowned-teen-recovered-in-south-brevard 1/9 4/4/23, 1:48 PM ORLANDO > I APRIL 4, 2023 Brevard County. What You Need To Know Body of drowned teen recovered, identified in south Brevard • The body of 18-year-old, identified as Benjamin Gilles, who drowned in strong rip currents was recovered early Monday morning • It's the fourth drowing in the last several weeks on Brevard County beaches • The incident comes as many schools are on spring break, and lifeguards are strongly urging beach patrons to swim in protected areas LOG IN https://www.mynewsl 3.com/fl/orlando/news/2023/03/13/body-of-drowned-teen-recovered-in-south-brevard 2/9 4/4/23, 1:48 PM Body of drowned teen recovered, identified in south Brevard ORLANDO > I APRIL 4, 2023 GILLES. @MyNews 13 # NEWS I 3 Brevard 4:36 PM • Mar 13, 2023 5 • Reply Share Read more on Twitter LOG IN Each morning you'll find Betty Gardner Gonzalez walking the along the sand near her south Melbourne Beach home. She enjoys the sunrise and exercise. "I run or walk depending on the tides. This morning I decided to go north instead of south," Gonzalez tells us. https://www.mynewsl 3.com/fl/orlando/news/2023/03/13/body-of-drowned-teen-recovered-in-south-brevard 3/9 4/4/23, 1:48 PM Body of drowned teen recovered, identified in south Brevard ORLANDO > I APRIL 4, 2023 boardwalk Friday atternoon. LOG IN The friend was able to get out of the water, but he was caught in a rip current and went under. A massive water and air search got underway. It continued Saturday and Sunday. Late Sunday, the Coast Guard suspended the search. The man's body was found washed up early Monday, several miles south of where he disappeared. Greg Pallone @gpallone13 • Follow BODY FOUND: per BCSO, body of 18 year old man who went under in Indialantic Friday has been found several miles south on Floridana Beach. Massive search was suspended Sunday. @MyNews13 #News13Brevard Pics from Friday = GP @USCGSoutheast @MyFWC @BCFRpio 9:45 AM • Mar 13, 2023 Read the full conversation on Twitter 9 Reply Share Read 3 replies https://www.mynewsl 3.com/fl/orlando/news/2023/03/13/body-of-drowned-teen-recovered-in-south-brevard 4/9 4/4/23, 1:48 PM Body of drowned teen recovered, identified in south Brevard ORLANDO > I APRIL 4, 2023 LOG IN If you can't escape, float or tread water and call or wave if you need help. Gonzalez says this latest drowning is just as tragic as the others and rip currents are to be taken seriously. "It's easy to get caught in one. I've been caught in one, born and raised around this area my whole life. It happens," she said. "But people need to be aware. They need to be calm if they do get in one and not to panic." Lifeguards strongly urge beach patrons to swim in lifeguard protected areas. Right now, five of their year round towers are operational along with 11 seasonal ones, which opened a week early this year due to the incidents. YOU MAY ALSO BE INTERESTED IN 2:02 WEATHER String of sunny and unseasonably hot days upon us ORLANDO I 1 HOUR AGO https://www.mynewsl 3.com/fl/orlando/news/2023/03/13/body-of-drowned-teen-recovered-in-south-brevard 5/9 ITEM # 10 City of Cape Canaveral John DeLeo, Administrative/Financial Director P.O. Box 326 Cape Canaveral, FL 32920 (321) 868-1230 (321) 868-1248 fax j.deleo@cityofcapecanaveral.org Memo TO: The Honorable Mayor and Members of the City Council VIA: Todd Morley, City Manager ( ) FROM: John DeLeo, Administrative/Financial Services Director ( ) DATE: March 20, 2023 RE: Monthly Financial Report— February 2023 Staff is pleased to present the Monthly Financial Report for the period ending February 28, 2023. At this point in the Fiscal Year, the Year to Date Actuals should be 41.7% of the total annual budget. Total General Fund Departmental costs are 3.8% below target. Administrative Services is running below target by 2%. Community Development/Code Enforcement/Economic Development is under target at 40.1%. Building Department is below target at 39%. Protective Services are over target by 6.4%. Fire Rescue is running below target by 3.7%. Parks Recreation/Community Affairs is 10.9% below target. Non-Departmental expenditures are below budgetary projections by 15.4%. The Community Redevelopment Agency (CRA) has incurred $923,571 of expenses for the current Fiscal Year. Wastewater Fund overall costs are under target at 22.1%. The Stormwater Fund is under target cost at 7.2%. The City's General Fund investments total $9,497,768.36; Special Revenue investments total $401,297.63; and Enterprise Fund investments total $782,057.77. The Grand total of all investments is $10,681,123.76. The Annual Rate of Return for each Investment is attached. If you have questions or wish anything additional, please contact me. City of Cape Canaveral Fund Narrative Period Ended February 28, 2023 Revenue Ad Valorem Tax To date, the City has received 90.4% 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 - December and an accrual for January and February. This revenue source is below target at 38.1%. Franchise Fees, Utility Service Taxes and Communications Service Tax This amount represents some actuals for October - February and some accruals for January and February. These are slightly below target at 40.6%. Permits and Licenses Permits and Licenses are below target at 31.5%. 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 40.1%. This amount represents some actuals for October - February, as well as some accruals for January and February. This revenue source includes State Sales Tax, Municipal Gas Tax, Mobile Home Licenses, Alcoholic Beverage Licenses, and Local 1/2 Cent Sales Tax. Garbage and Recycling Revenues This amount represents actual collections for October - January and an accrual for February. These are slightly above target at 43.4%. Recreation Fees (Leisure Services) Recreation Fees are below target at 33.4%. Investment Income Investment Income is above target at 426.2%. This is a direct result of a fluctuating market in the rate of return. Future events may affect current rate of return. Utility Operating Income (Wastewater Fund) This amount represents actual collections for October - January and an accrual for February. It is slightly below target at 40.7%. Stormwater Utility Fees (Stormwater Fund) This amount represents actual collections for October - January and an accrual for February. It is on target at 41.9%. City of Cape Canaveral Statement of Revenues & Expenditures Period Ended February 28,2023 GENERAL FUND FY 2022-2023 FEB 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 2,222,000 0.0% 925,833 Cash Forward- R&R 898,500 0.0% 374,375 Ad Valorem Taxes 5,512,589 4,983,338 90.4% 2,296,912 Local Option Gas Tax 361,000 137,678 38.1% 150,417 Franchise Fees 949,066 377,827 39.8% 395,444 Utility Taxes 1,302,226 565,077 43.4% 542,594 Communications Service Tax 422,000 163,122 38.7% 175,833 Permits & Licenses 693,450 218,104 31.5% 288,938 State Grants 75,000 0.0% 31,250 ARPA Revenue 3,937,000 0.0% 1,640,417 State Shared Revenue 1,098,700 440,245 40.1% 457,792 Local Shared Revenue 127,601 0.0% 53,167 Charges for Services 30,818 12,671 41.1% 12,841 Garbage & Recycling Revenue 1,270,215 550,834 43.4% 529,256 Recreation Fees 300,300 100,222 33.4% 125,125 Fines & Forfeitures 12,600 6,392 50.7% 5,250 Interest Income 32,700 139,355 426.2% 13,625 Fire Hydrant Rental Fee 85,637 28,225 33.0% 35,682 Miscellaneous Revenue 40,750 43,597 107.0% 16,979 PAL Program Revenue 12,000 57,870 482.2% 5,000 Transfer from School Guard Crossing Fund 2,050 0.0% 854 Transfer from CRA Fund 814,947 780,131 95.7% 339,561 Contribution from Wastewater Fund 720,656 300,273 41.7% 300,273 Contribution from Stormwater Fund 19,566 8,153 41.7% 8,153 Loan Proceeds 250,000 0.0% 104,167 TOTAL REVENUES $ 21,191,371 $ 8,913,114 42.1% $ 8,829,738 EXPENDITURE Legislative 98,573 31,468 31.9% 41,072 Administrative Services 540,548 214,696 39.7% 225,228 Comm Dev/Code Enf/Econ Development 868,177 348,375 40.1% 361,740 Protective Services 3,501,187 1,682,846 48.1% 1,458,828 Fire/Rescue Services 3,008,064 1,143,263 38.0% 1,253,360 Building 449,605 175,418 39.0% 187,335 Infrastructure Maintenance 1,682,911 428,514 25.5% 701,213 Parks Recreation +Community Affairs 1,657,649 510,606 30.8% 690,687 Legal Services 309,293 76,970 24.9% 128,872 Solid Waste 1,271,215 445,902 35.1% 529,673 Debt Service 1,420,737 1,379,952 97.1% 591,974 Non-Departmental 6,080,875 1,600,425 26.3% 2,533,698 Contingency 302,537 0.0% 126,057 TOTAL EXPENDITURES $ 21,191,371 $ 8,038,433 37.9% $ 8,829,738 Excess of Revenues Over / (Under) Expenditures $ 874,681 Page 1 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended February 28,2023 POLICE EDUCATION FUND FY 2022-2023 FEB 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Police Education Income 1,020 562 55.1% 425 Interest Income 75 84 112.4% 31 TOTAL REVENUES $ 1,095 $ 647 59.1% $ 456 EXPENDITURE Education &Training - - Contingency 1,095 0.0% 456 TOTAL EXPENDITURES $ 1,095 $ - 0.0% $ 456 Excess of Revenues Over / (Under) Expenditures $ 647 FIRE PROTECTION FUND FY 2022-2023 FEB 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward R&R - - Interest Income 264 217 82.0% 110 TOTAL REVENUES $ 264 $ 217 82.0% $ 110 EXPENDITURE Contingency 264 0.0% 110 TOTAL EXPENDITURES $ 264 $ - 0.0% $ 110 Excess of Revenues Over / (Under) Expenditures $217 Page 2 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended February 28,2023 SCHOOL CROSSING GUARD FUND FY 2022-2023 FEB 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 1,200 0.0% 500 Parking Fine Surcharge 900 180 20.0% 375 TOTAL REVENUES $ 2,100 $ 180 8.6% $ 875 EXPENDITURE Transfer to General Fund 2,100 0.0% 875 Contingency - 0.0% - TOTAL EXPENDITURES $ 2,100 $ - 0.0% $ 875 Excess of Revenues Over / (Under) Expenditures $ 180 LIBRARY FUND FY 2022-2023 FEB 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Ad Valorem Taxes 70,193 63,507 90.5% 29,247 Ad Valorem Tax Delinquent 50 0.0% 21 Tax Penalty Income 60 17 28.5% 25 Interest Income 7,380 2,363 32.0% 3,075 Interest-Tax Collections 42 93 220.8% 18 TOTAL REVENUES 77,725 $ 65,980 84.9% $ 32,385 EXPENDITURE Operating Expenses 34,275 24,490 71.5% 14,281 Capital Purchases 30,000 12,101 40.3% 12,500 Contingency 13,450 0.0% 5,604 TOTAL EXPENDITURES 77,725 36,591 47.1% $ 32,385 Excess of Revenues Over / (Under) Expenditures $ 29,388 Page 3 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended February 28,2023 CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY FY 2022-2023 FEB 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward Shared Revenue from Cape Canaveral 1,099,809 1,058,562 96.2% 458,254 Shared Revenue from Brevard County 1,099,809 1,058,562 96.2% 458,254 Interest Income 288 789 274.1% 120 Transfer from General Fund 250,000 121,000 48.4% 104,167 TOTAL REVENUES 2,449,906 2,238,913 91.4% $ 1,020,794 EXPENDITURE Operating Expenses 5,999 1,749 29.1% 2,500 Capital Purchases 1,232,312 89,367 7.3% 513,463 Debt Service 867,270 832,455 96.0% 361,363 Contingency 344,325 0.0% 143,469 TOTAL EXPENDITURES 2,449,906 923,571 37.7% $ 1,020,794 Excess of Revenues Over / (Under) Expenditures $ 1,315,343 Page 4 of 6 City of Cape Canavera Statement of Revenues & Expenditures Period Ended February 28,2023 IMPACT FEES FUND FY 2022-2023 FEB 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Impact Fees- Police 19,250 128 0.7% 8,021 Impact Fees- Fire/Rescue 3,376 74 2.2% 1,407 Impact Fees-Transportation 0.0% - Impact Fees- Parks/Recreation 22,700 152 0.7% 9,458 Impact Fees-General Government 15,850 106 0.7% 6,604 Impact Fees-Aerial Fire Truck 9,520 0.0% 3,967 Impact Fees- Library 12,000 80 0.7% 5,000 TOTAL REVENUES 82,696 540 0.7% $ 34,457 EXPENDITURE Contingency 82,696 0.0% 34,457 TOTAL EXPENDITURES 82,696 - 0.0% $ 34,457 Excess of Revenues Over / (Under) Expenditures $ 540 LAW ENFORCEMENT TRUST FUND FY 2022-2023 FEB 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 5,229 0.0% 2,179 Contraband Income 1,650 0.0% 688 Interest-State 45 12 26.8% 19 TOTAL REVENUES 6,924 12 0.2% $ 2,885 EXPENDITURE School Resource Officer 6,924 0.0% 2,885 TOTAL EXPENDITURES 6,924 - 0.0% $ 2,885 Excess of Revenues Over / (Under) Expenditures $ 12 Page 5 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended February 28,2023 WASTEWATER ENTERPRISE FUND FY 2022-2023 FEB 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 644,500 0.0% 268,542 Utility Operating Income 4,667,300 1,899,682 40.7% 1,944,708 Utility Penalty Income 70,000 21,582 30.8% 29,167 Sewer Assessment Fees 84,000 1,349 1.6% 35,000 Reuse Hook-Up Fees 2,925 0.0% 1,219 Reclaimed Water Revenue 91,650 38,386 41.9% 38,188 Investment Income 2,520 3,256 129.2% 1,050 Sale of Fixed Assets 2,000 0.0% 833 Transfer from General Fund 2,500,000 35,004 1.4% 1,041,667 Transfer from CRA Fund 52,324 52,324 100.0% 21,802 SRF Loan Proceeds 1,320,000 482,850 36.6% 550,000 Miscellaneous Income 2,000 4,000 200.0% 833 TOTAL REVENUES 9,439,219 2,538,434 26.9% $ 3,933,008 EXPENDITURE Personal Services 1,913,966 756,380 39.5% 797,486 Operating Expenses 1,597,455 471,567 29.5% 665,606 Debt Service 666,911 305,135 45.8% 277,880 Capital Purchases 4,464,500 252,899 5.7% 1,860,208 Contribution to General Fund 720,656 300,273 41.7% 300,273 Contingency 75,731 0.0% 31,555 TOTAL EXPENSES 9,439,219 2,086,255 22.1% $ 3,933,008 Excess of Revenues Over / (Under) Expenses $ 452,179 STORMWATER ENTERPRISE FUND FY 2022-2023 FEB 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 626,500 0.0% 261,042 Stormwater Utility Fees 1,087,800 456,049 41.9% 453,250 Investment Income 1,380 2,064 149.6% 575 Transfer from General Fund 1,175,000 3,203 0.3% 489,583 TOTAL REVENUES $ 2,890,680 $ 461,316 16.0% $ 1,204,450 EXPENDITURE Personal Services 366,873 149,988 40.9% 152,864 Operating Expenses 271,230 31,476 11.6% 113,013 Capital Purchases 1,501,500 17,105 1.1% 625,625 Contribution to General Fund 19,566 8,153 41.7% 8,153 Contingency 731,511 0.0% 304,796 TOTAL EXPENSES 2,890,680 206,722 7.2% $ 1,204,450 Excess of Revenues Over / (Under) Expenses $ 254,594 Page 6 of 6 Florida State Treasury- Special Purpose Investment Account (SPIA) & FL SAFE As of February 28,2023 Funds were invested with the State of Florida Division of Treasury,with a rate of return 1.76% Interest earned for the month: $ 29,962.21 General Fund Restricted (by outside party) Total Restricted $ - Committed(Constrained by Council) Expansion Recreation 44,719.90 Expansion Police 33,857.47 A1A Replenishment 24,000.00 Capital Equipment Renewal&Replacement 779,424.22 Total Committed $ 882,001.58 Assigned-General Fund Emergency Reserve $ 1,495,349.01 Unassigned $ 371,336.11 2,748,686.69 Total General Fund SPIA Investments: $ 2,748,686.69 Florida Safe General Fund Emergency Reserve-0.06% (average monthly) 1,282,377.75 Florida Safe Note 2021 -0.06% (average monthly) 201,764.63 Florida Safe ARPA Reserve-0.06% (average monthly) 5,264,939.29 $ 6,749,081.67 Total General Fund Florida Safe Investments: $ 6,749,081.67 Total General Fund Investments: $ 9,497,768.36 Special Revenue Funds Restricted (by outside party) Police Education Fund 12,638.91 Aerial Fund 32,465.44 School Crossing Guard Fund - Library Fund 169,135.29 Library Fund Restricted 185,249.35 Law Enforcement Trust Fund 1,808.64 Capital Expansion Funds: Fire Rescue Capital Expansion - General Government Capital Expansion Total Restricted $ 401,297.63 Total Special Revenue Fund SPIA Investments: $ 401,297.63 Enterprise Funds Wastewater Fund: Wastewater General-Unrestricted - Wastewater Fund Renewal&Replacement 430,819.22 $ 430,819.22 Stormwater Fund: Stormwater Fund-Unrestricted - Stormwater Fund Renewal & Replacement 351,238.55 $ 351,238.55 Mr Total Enterprise Fund SPIA Investments: $ 782,057.77 TOTAL SPIA & FLSAFE INVESTMENTS $ 10,681,123.76 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • APRIL 18, 2023 AGENDA ITEM SUMMARY • ITEM # 11 - 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 — Oct Nov Dec Jan Feb Mar Sept 2022 2022 2022 2023 2023 2023 2023 TOTAL No. of Registered - 185 189 201 221 229 247 247 Properties (Current) Remittance to City $50,750 $20,300 $1,250 $10,050 $12,800 $5,100 - $100,250 Total Vacation - 191 211 214 251 303 298 298 Rental BTRs (Current) Courtesy Notices 306 15 0 0 0 0 15 336 Sent NOV Issued 2 0 20 79 11 0 0 112 Number of Complaints 48 3 0 2 0 3 15 71 Hearings - 1 - 1 1 0 0 3 Scheduled Submitting Department Director: David Dickey Attachment: n/a Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Receive Report and no action to be taken. Approved by City Manager: Mia Goforth for Todd Morley