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HomeMy WebLinkAboutcocc_council_mtg_packet_20230815CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA August 15, 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 1 6:00 p.m. - 6:25 p.m. Presentation of Proclamations, commending the timely actions of officials from the United States Coast Guard, the Brevard County Sheriff's Office, and the Florida Department of Environmental Protection in response to a beachside material spill on June 29, 2023. Presentation of Proclamation declaring September 2023 as "National Suicide Prevention Month" to Wayne Price, Director of Communications, Space Coast Health Foundation. Presentation of Proclamation declaring August 2023 as "Florida Water Professionals Month" to City Public Works Services Staff, representing the Florida Water & Pollution Control Operators Association. Presentation by Craig Wallace with the Brevard Indian River Lagoon Coalition. PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. CONSENT AGENDA 1 6:40 p.m. — 6:45 p.m. 1. Approve Minutes for the July 18, 2023 Budget Workshop and Regular Meetings. 2. Resolution No. 2023-15; reappointing a Member to the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Susan Denny) 3. Resolution No. 2023-16; adopting a fee schedule for the Cape Canaveral Community Center; providing for the repeal of prior inconsistent resolutions, severability and an effective date. City of Cape Canaveral, Florida City Council Regular Meeting • August 15, 2023 Agenda • Page 2 of 2 4. Approve proposed task order from Tetra Tech in the amount of $50,635 for structural analysis, engineering design, bidding and construction administrative services for investigating and repairing the concrete second floor platform at the Water Reclamation Facility and authorize City Manager to execute same. 5. Authorize City Manager to execute a Standard Grant Agreement with the State of Florida Department of Environmental Protection, "City of Cape Canaveral Enhanced Vulnerability Analysis" Agreement No. 23PLN05, for the total amount of $225,000 over three years. 6. Ratify scoring of Short-term Rental (STR) and Mortgage Foreclosure registration and compliance service providers; and, authorize the City Attorney to draft and City Manager to execute a Services Agreement with Deckard. 7. Approve Interlocal Agreement between Brevard County Board of County Commissioners, the City of Cape Canaveral and the Canaveral Port Authority regarding automatic aid for fire protection and rescue services and authorize City Manager to execute same. ITEM FOR ACTION 1 6:45 p.m. — 7:00 p.m. 8. Consideration of a Modified Lot Split Plan Application and three associated variance requests to Chapter 98 — Subdivision requirements, for property owned by Michael and Collette DiChristopher (Applicant). ITEMS FOR DISCUSSION 1 7:00 p.m. — 7:20 p.m. 9. City of Cape Canaveral collected Transportation Impact Fees (Submitted by Council Member Willis) 10. Opening the Community center on Sundays (Submitted by Council Member Kellum) REPORTS 1 7:20 p.m. — 7:30 p.m. INFORMATIONAL I Item is presented for informational purposes only; no action to be taken. 11. Monthly Financial Report —June 2023 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 • AUGUST 15, 2023 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Presentation of Proclamations, commending the timely actions of officials from the United States Coast Guard, the Brevard County Sheriff's Office, and the Florida Department of Environmental Protection in response to a beachside material spill on June 29, 2023. Department: Legislative Summary: On the morning of June 29, 2023, a beachside material spill was reported to City Staff, the United States Coast Guard (USCG) at Port Canaveral, the Brevard County Sheriff's Office (BCSO), and the Florida Department of Environmental Protection (FDEP). This material spill took the form of small tar balls spread across the beach in a thin line approximately 3,000 feet in length from the Harrison Avenue public beach crossover to Sailfish Drive. The USCG quickly took command of the situation, with the dedicated assistance of the FDEP and BCSO, in order to clean up the spill. Throughout the day, City Staff worked closely with USCG personnel to coordinate up-to-date public messaging across various media platforms. By the end of the day, cleanup operations were complete with minimal interference to residents, beachgoers, and the environment before the busy July 4`" holiday weekend. The City of Cape Canaveral greatly appreciates the efforts of all agencies involved for their quick response and timely communications throughout the incident to keep the public informed. These efforts fall in line with the selfless and committed nature of those who serve in these organizations as they continue to make a difference in the daily lives of residents within the City of Cape Canaveral, Brevard County, the state of Florida, and across the nation. Scheduled to be present at this meeting are personnel from the USCG, BCSO, and the FDEP to receive proclamations honoring each of their organization's efforts (Attached). Submitted by: Mayor Wes Morrison Attachments: Proclamations 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 Proclamations. Approved by City Manager: Todd Morley Official Proclamation City Of Cape Canaveral, Florida WHEREAS, the foundation of our vibrant community lies within its surrounding natural environment, critical ecosystems, and unique beauty; and WHEREAS, the protection of this environmental capital is of great significance to the liability and resilience of the City of Cape Canaveral; and WHEREAS, human -induced stressors can threaten the fragility of the adjacent Banana River Lagoon and Atlantic Ocean and risk the socio-economic prosperity of residents and business owners; and WHEREAS, on the morning of June 29, 2023, a material spill was reported to City Staff, the United States Coast Guard (USCG) at Port Canaveral, the Brevard County Sheriff's Office (BCSO), and the Florida Department of Environmental Protection (FDEP); and WHEREAS, the USCG quickly took command of the situation, with the dedicated assistance of the FDEP and BCSO, in order to clean up the spill; and WHEREAS, throughout the day City Staff worked closely with USCG personnel to coordinate up-to-date public messaging across various media platforms; and WHEREAS, by the end of the day, cleanup operations were complete with minimal interference to residents and beachgoers and the environment before the busy July 4th weekend; and WHEREAS, these efforts fall in line with the selfless and committed nature of those who serve in these organizations as they continue to make a difference in the daily lives of residents within the City of Cape Canaveral, Brevard County, the state of Florida, and across the nation; and NOW, THEREFORE, 1, Wes Morrison, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim and invite the citizens of the City of Cape Canaveral to honor the UNITED STATES COAST GUARD for services provided to the community during their response to the June 29, 2023, beachside oil spill response. Signed and Sealed this Day of , Mayor Official Proclamation City Of Cape Canaveral, Florida WHEREAS, the foundation of our vibrant community lies within its surrounding natural environment, critical ecosystems, and unique beauty; and WHEREAS, the protection of this environmental capital is of great significance to the liability and resilience of the City of Cape Canaveral; and WHEREAS, human -induced stressors can threaten the fragility of the adjacent Banana River Lagoon and Atlantic Ocean and risk the socio-economic prosperity of residents and business owners; and WHEREAS, on the morning of June 29, 2023, a material spill was reported to City Staff, the United States Coast Guard (USCG) at Port Canaveral, the Brevard County Sheriff's Office (BCSO), and the Florida Department of Environmental Protection (FDEP); and WHEREAS, the USCG quickly took command of the situation, with the dedicated assistance of the FDEP and BCSO, in order to clean up the spill; and WHEREAS, throughout the day City Staff worked closely with USCG personnel to coordinate up-to-date public messaging across various media platforms; and WHEREAS, by the end of the day, cleanup operations were complete with minimal interference to residents and beachgoers and the environment before the busy July 4th weekend; and WHEREAS, these efforts fall in line with the selfless and committed nature of those who serve in these organizations as they continue to make a difference in the daily lives of residents within the City of Cape Canaveral, Brevard County, the state of Florida, and across the nation; and NOW, THEREFORE, 1, Wes Morrison, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim and invite the citizens of the City of Cape Canaveral to honor the BREVARD COUNTY SHERIFF'S OFFICE for services provided to the community during their response to the June 29, 2023, beachside oil spill response. Signed and Sealed this Day of , Mayor Official Proclamation City Of Cape Canaveral, Florida WHEREAS, the foundation of our vibrant community lies within its surrounding natural environment, critical ecosystems, and unique beauty; and WHEREAS, the protection of this environmental capital is of great significance to the liability and resilience of the City of Cape Canaveral; and WHEREAS, human -induced stressors can threaten the fragility of the adjacent Banana River Lagoon and Atlantic Ocean and risk the socio-economic prosperity of residents and business owners; and WHEREAS, on the morning of June 29, 2023, a material spill was reported to City Staff, the United States Coast Guard (USCG) at Port Canaveral, the Brevard County Sheriff's Office (BCSO), and the Florida Department of Environmental Protection (FDEP); and WHEREAS, the USCG quickly took command of the situation, with the dedicated assistance of the FDEP and BCSO, in order to clean up the spill; and WHEREAS, throughout the day City Staff worked closely with USCG personnel to coordinate up-to-date public messaging across various media platforms; and WHEREAS, by the end of the day, cleanup operations were complete with minimal interference to residents and beachgoers and the environment before the busy July 4th weekend; and WHEREAS, these efforts fall in line with the selfless and committed nature of those who serve in these organizations as they continue to make a difference in the daily lives of residents within the City of Cape Canaveral, Brevard County, the state of Florida, and across the nation; and NOW, THEREFORE, 1, Wes Morrison, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim and invite the citizens of the City of Cape Canaveral to honor the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION for services provided to the community during their response to the June 29, 2023, beachside oil spill response. Signed and Sealed this Day of , Mayor CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 15, 2023 AGENDA ITEM SUMMARY • INTERVIEWS/PRESENTATIONS Subject: Presentation of Proclamation declaring September 2023 as "National Suicide Prevention Month" to Wayne Price, Director of Communications, Space Coast Health Foundation. Department: Leg islative Summary: The Space Coast Health Foundation (SCHF) was established on October 1, 2010, and is a public charity working on collaborative projects, intended to meet the healthcare needs of the local community. SCHF focusses on needs chosen by using focus groups, one-on-one interviews and quantitative research to determine specific community health needs. Earlier this year, SCHF's Behavioral Health Task Force reached out to the City, requesting acknowledgment of National Suicide Prevention Month. They noted that the Brevard County School Board adopted such an acknowledgment last year, and SCHF is aiming to have as many Brevard County municipalities as possible to follow suit. Accordingly, the attached Proclamation has been prepared for presentation at tonight's Meeting. As recognized by the National Association of Mental Illness, September is designated as National Suicide Month. Many health officials and community leaders locally, state and nationally, understand that mental illness is a significant issue of concern, particularly among the youth of our nation. To overcome the stigma attached to mental health treatment and discussion, addressing these issues requires more open and honest discussion. Wayne Price, SCHF Director of Communications, is scheduled to be present at this Council Meeting to receive the Proclamation. Submitting Council Member: Mayor Morrison Attachment: Proclamation Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Present Proclamation to Mr. Price. Approved by City Manager: Todd Morley Official Proclamation City Of Cape Canaveral, Florida WHEREAS, September is designated as National Suicide Prevention Month, as recognized by the National Association of Mental Illness; and WHEREAS, many health officials and community leaders locally, state and nationally, understand that mental illness is a significant issue of concern, particularly among our youth; and WHEREAS, we realize that to address mental health issues requires more open and honest discussions about mental health; and WHEREAS, one major hurdle is removing the stigma attached to mental health treatment and discussion; and WHEREAS, individuals, businesses, organizations, public officials, and many others recognize the importance of emotional health. NOW, THEREFORE, 1, Wes Morrison, Mayor of the City of Cape Canaveral, Florida, do hereby proclaim the month of September, 2023 as NATIONAL SUICIDE PREVENTION MONTH in the City of Cape Canaveral, affirm that the City of Cape Canaveral supports efforts on the Space Coast to provide education and resources for mental health problems, and that the City of Cape Canaveral will encourage a positive effort towards those with mental health issues to seek the help of a family member, friend, colleague and/or licensed mental health professional to assist them in times of need. Signed and Sealed this Day of , Mayor CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 15, 2023 AGENDA ITEM SUMMARY • INTERVIEWS/PRESENTATIONS Subject: Presentation of Proclamation declaring August 2023 as "Florida Water Professionals Month" to City Public Works Services Staff, representing the Florida Water & Pollution Control Operators Association. Department: Legislative Summary: The Florida Water & Pollution Control Operators Association (FW&PCOA), organized in 1940, is a non-profit trade organization that promotes the sustainability of Florida's water utility industry through workforce development, to protect the health of Florida's citizens and to preserve the state's water resources. The association offers water and wastewater treatment plant operator and water distribution system operator training courses required for the state of Florida's operator licenses, multiple voluntary certification programs and continuing education programs for license renewal. Like other states, Florida is dependent on a network of aging underground pipes. The Florida Section of the American Society of Civil Engineers' most recent report card graded the state's Drinking Water Infrastructure a C+ and Wastewater Infrastructure a C. This assessment highlights the importance of recognizing and supporting Florida's water professionals more than ever; out of sight need not be out of mind. FW&PCOA embarked on a program in 2007 to recognize all water industry employees for their dedication and hard work in providing safe drinking water to Florida's citizens as well as protecting Florida's environment and natural resources. Part of this program has included proclaiming a week during the month of April as "Florida Water Professionals Week." In 2021, FW&PCOA expanded the celebration to include the entire month of August, renaming the event, "Florida Water Professionals Month." The City accordingly adopted Proclamations in both 2021 and 2022 to recognize that new celebration. FW&PCOA has again invited the City of Cape Canaveral to join them in honoring the efforts of water professionals in our community, and the attached Proclamation has been created to recognize this event for the month of August 2023. Plant Manager Paul Prince from the City's Public Works Services (PWS) Department is scheduled to be present at this Council Meeting, on behalf of FW&PCOA, to receive the Proclamation. Submitting Council Member: Mayor Morrison Attachment: Proclamation Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Present Proclamation to PWS Plant Manager Prince, representing FW&PCOA. Approved by City Manager: Todd Morley Official Proclamation City Of Cape Canaveral, Florida WHEREAS, the Florida Water & Pollution Control Operators Association (FW&PCOA), organized in 1941, is a non-profit trade organization that promotes the sustainability of Florida's water utility industry through workforce development, to protect the health of Florida's citizens and preserve the State's water resources; and WHEREAS, FW&PCOA offers water and wastewater treatment plant operator and water distribution system operator training courses required for the State of Florida's operator licenses, multiple voluntary certification programs and continuing education programs for operator license renewal; and WHEREAS, FW&PCOA, in recognizing the importance of the Florida Statutes and Administrative Code that regulate the water industry, acts as liaison between the Florida Department of Environmental Protection and industry personnel; and WHEREAS, FW&PCOA recognizes all those who have played a significant part in operating and maintaining drinking water, wastewater and stormwater systems in Florida by celebrating Florida Water Professionals Month, which applauds their constant efforts to protect our health and environment, three hundred sixty-five days per year, through sunshine or catastrophic storm; and WHEREAS, water professionals are often emergency responders during storms and other catastrophic events, working to ensure safe drinking water and safe disposal of wastewater for our communities. NOW, THEREFORE, I, Wes Morrison, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby acknowledge the month of August 2023 as FLORIDA WATER PROFESSIONALS MONTH in the City of Cape Canaveral and extend greetings and best wishes to all observing this recognition of these professionals. Signed and Sealed this Day of , Mayor CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 15, 2023 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Presentation by Craig Wallace with the Brevard Indian River Lagoon Coalition. Department: Community and Economic Development — Resilience Division Summary: The Brevard Indian River Lagoon Coalition (BIRLC) was formed in 2016 to help coordinate the campaign that ultimately led to the establishment of the critical Save Our Indian River Lagoon Program. This Program led to the funding of dozens of restoration and mitigation projects aimed at helping to improve the long-term health and wellness of the Indian River Lagoon (IRL) and its associated ecosystems. The IRL occupies 40% of Florida's east coast, with a watershed that includes seven counties and 39 municipalities. According to a joint 2016 study between the Treasure Coast Regional Planning Council and the East Central Florida Regional Planning Council, the IRL is estimated to be responsible for one -seventh of the region's economy with the annual economic value of the Lagoon calculated to be $7.4 billion. Today, BIRLC continues to support ongoing education and outreach initiatives, environmental advocacy, and Lagoon Project reporting. Submitting Department Director: David Dickey Attachment: Presentation Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Receive presentation. Approved by City Manager: Todd Morley BREVARD INDIAN RIVER LAGOON COALITION Indian River Lagoon Stakeholder Messaging City of Cape Canaveral August 15, 2023 Avik MR Marine Resources Council MARINE OISCOV ERT CENTER BREVARD INDIAN RIVER LAGOON COALITION 30+ Lagoon Advocacy Partners RIZI.Ei IU) Z(X) keep beOutlfiAl LW i46114 COASTAL LINSLRVATIDM ASSOCIATION FLORIDA Pm Rabe Ruling c we kk Citizens' Climate Lobby FLORIDA Con tion Votell pi SURFRIDER FOUNDATION S I E RRA CLUB - reTHINK ENERGY FLORIDA Changing the Nature of Aquatic Preservation HUBBS SEAWORLD RESEARCH INSTITUTE r.,7 RECYCLE BAEVAAO ? iF1 Wildlifa e Hosp' a1 nBREVARD INDIAN RIVER LAGOON COALITION What Does the Coalition Do? • Formed in 2016 to coordinate campaign to Save our IRL (SOIRL) • 30+ organizations with a common goal of Restoring the IRL • SOIRL 10 year Sales Tax Referendum passed with 67% support • Since 2016 • Lagoon Straight Talk Events (2x year) • Status Updates on Lagoon Restoration Projects • What Can you do to Help the Lagoon Lwow, VOCES Advocacy (Policy & Funding) STRAIGHT 7T-1�3 TN LK [tin-1143 We are Making Progress • Seagrass is Starting to Recover. • Mosquito Lagoon seagrass at pre-2011 levels. • No Lagoon wide algal blooms since 2020 • "I can see the bottom, haven't seen it in years" nBREVARD INDIAN RIVER LAGOON COALITION IiULY 2023 Mosquito Lagoon: Seagrass Progress Update nBREVARD INDIAN RIVER LAGOON - COALITION WE STILL HAVE A LONG WAY TO GO • IRLNEP estimates IRL restoration will cost $6B • Revenue Sources • 2016-2026 SOIRL Sales Tax approx. $600M (Attracts Matching Funding) • State Funding ($100M per year x 4 yrs) • St John's River Water Management District • Local Municipality SOIRL Matching Funds • IRLNEP $2M+/ year • Need to continue SOIRL Tax Program after 2026 • How do we make sure it is Renewed? n What do stakeholders Want & Need to Know? BREVARD INDIAN RIVER LAGOON COALITION • Professional Research study (4th Qtr 2022) • Blind Survey via phone & email. • 1,316 people surveyed across 5 IRL county region (Volusia to Martin Co.) • 95% Confidence Level • Evenly distributed by county population (Brevard 271) • Weighted Demographics by US Census statistics • Age, Race, Gender • Length of Residence • Distance from the lagoon • What did they say? BREVARD INDIAN RIVER LAGOON - COALITION What they Said • Most recognize the environmental and Economic impact of the IRL • 70% said Overall IRL Health Terrible or Not Very Good. • Only 51% Familiar with Sources of Pollution • #1- Fertilizer, #2 - Sewage Spills • 64% believe IRL will be restored within 10 yrs, 46% within 5 Years • 84% support Local, State, Federal funding for cleanup • MOST TRUSTED SOURCES OF INFORMATION • 37% LOCAL CITY GOVERNMENT • 32% Word of Mouth BREVARD INDIAN RIVER LAGOON - COALITION Collaborative Messaging • Too Many Sources of Information. Who do I believe? • Many Questions: • Why is the Lagoon Sick? • What is being done to Heal the Lagoon? • What is the 1/2 cent sales tax being used for? • Who is responsible for Restoring the Lagoon? • What can I do to help? • SO, How do we deliver Uniform easy to understand answers to a broad audience? BREVARD INDIAN RIVER LAGOON - COALITION Introductory Message The Indian River Lagoon is one of earth's priceless natural resources. Its health was neglected for decades, yet today hope is on the horizon. Around this entire water body, there is an extensive, scientific plan to heal the Lagoon, created by the Indian River Lagoon National Estuary Program, and in Brevard, we have a detailed restoration plan funded by a half cent sales tax. Significant actions and investments are reducing key pollutants, cleaning the water and protecting the animals that call it home. Progress takes time, and we are seeing improvement. Residents, local governments and communities are actively upgrading old septic systems and wastewater treatment plants, reducing stormwater runoff and reducing fertilizer and herbicides. They understand the value of the Lagoon to our quality of life and economy. Healing our large and complex Lagoon takes long-term commitment, money, and actions from people, businesses and government. Each of us has an important role to play, and together we CAN heal our Lagoon. Key Message Drivers BREVARD INDIAN RIVER LAGOON - COALITION Indian River Lagoon is Important Pollution Comes From People Are Taking The Timeline Many Sources Action and Cost We Need Your Help • We will be Providing Messaging Content • Restoration Project Status Reports • How and where to volunteer • Social Media Posts: Please share • Presentations at public gatherings • Collaboration with other Cities • Become a Lagoon Voice • Register: www.helpthelagoon.org/voices FLOWCOOE 0 BREVARD INDIAN RIVER LAGOON COALITION :1 1111111, 1 ;l1 ...11 .1,I1 ..111111'.i.I .11. 1.'1'..1. I I.. "1lll.I 11...1:I11' Ill'I'I.'' '. I.. 1 .,. . . 1111111 ... .I 1..'.. •.11111111 . 11 1 l'1 1111111111111 :11 111 . .. ..1.11 ..1 11,1.1I .1:11 1;1 .11 n1 ..I l.l'. .I 11:1:11. 11: Lagoon Voices 0 ITEM # 1 DRAFT CAPE CANAVERAL CITY COUNCIL BUDGET WORKSHOP MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Tuesday July 18, 2023 5:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:00 p.m. Council Member Davis led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Council Member Mayor Mayor Pro Tem Council Member Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis Others Present: City Manager City Attorney City Clerk Administrative/Financial Services Director Deputy Finance Director Capital Projects Director Capital Projects Deputy Director Community + Economic Development (C+ED) Dir. C+ED Senior Planner C+ED Chief Resilience Officer C+ED Resilience Engineering Services Manager HR/Risk Management Director Parks, Recreation + Community Affairs (PRCA) Dir. PRCA Deputy Director Public Works Services Deputy Director Executive Assistant to City Manager/Office Manager Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant PUBLIC PARTICIPATION: None. DISCUSSION: Todd Morley Anthony Garganese (arrived 5:06 p.m.) Mia Goforth John DeLeo Jenny Coldiron Jeff Ratliff Tim Carlisle Dave Dickey Kyle Harris Zachary Eichholz Alexis Miller Melinda Huser Molly Thomas John Mayberry Jessica Erdman Lisa Day Byron Keck Scott Molyneaux Proposed Fiscal Year 2023/2024 Budget and Five (5) Year Capital Improvement Plan: Mayor Morrison thanked those in attendance along with Staff. City Manager Morley discussed the Tentative Proposed Millage Rate of 3.5716 and the highlights of the City's Proposed Budget including how Council has not taken on any new debt since buying the Civic Hub property, the impacts of inflation, Council's approval of the significant increase in employee wages last year and City of Cape Canaveral, Florida DRAFT City Council Budget Workshop Meeting July 18, 2023 Minutes Page 2 of 2 an additional cost of living adjustment this year, twenty-five percent increase in Workers Compensation insurance, fifty-three percent increase of property insurance, the new IT Staff position, Council requested Volunteer Appreciation Dinner, fifty -thousand dollar grants program increase, impacts of contingency, funding everything Council wants including all programs approved by the Council at the Strategic Planning Retreat, and two unbudgeted items that appear on the Regular Meeting Agenda, which came to light after the Proposed Budget was prepared. Administrative/Financial Services Director DeLeo discussed a handout, attached herein, distributed to Council showing the FY 23/24 Budget Impacts should Council approve the roll -back rate of 3.2517 mills, a middle rate of 3.4117 mills, or the Proposed Millage of 3.5716; summarized the American Rescue Plan Act funds being spent, and the small price to pay for a very good quality of life in the City. Deputy Finance Director Coldiron discussed Regular City Council Agenda Items not yet in the Proposed Budget being the electric vehicle charging station upgrade, the Hazard Mitigation Grant Program, and the Veterans Memorial Park (VMP) Project. Discussion ensued and included taxes levied by the City versus Brevard County, the City's Tentative Proposed Millage of 3.5716 being the combined total millage of the General Government and Library Dependent Special District, impacts of changes to the Proposed Budget overall, the history of the VMP Project, impacts of inflation and uncompleted projects to the Budget, the roll -back millage rate, the Truth in Millage (TRIM) process which the City is required to follow in order to meet compliance with the Florida Department of Revenue, and gross taxable value. City Attorney Garganese discussed assessed property values with new development that comes online which gets taxed for the first time increasing revenues anticipated in the next fiscal year, keeping millage rates flat versus revenues going up, and how the additional revenue gets factored into the tax increase. Discussion continued regarding last year's tax rate versus the new fiscal year, tax rate and revenue increases and percentages, how complicated the process is to residents, a discrepancy over how the tax rate is computed, Staff's confidence in what is provided to the Council and has been computed since 1986 to present, and the City remains the third lowest with the Tentative Proposed Millage. ADJOURNMENT: The Workshop Meeting was adjourned at 5:50 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk As Presented at the July 18, 2023 City Council Budget Workshop Meeting FY 23/24 Budget Impacts - General Fund • To sustain the FY23/24 Budget the proposed millage (3.5716) will require a majority approval vote. • To help keep pace with the current inflation the City Manager has proposed a 2% increase for all City Employees which is below the current inflation rate of 4.05%. • Reduction of Contingency. • Decreased R&R. Impact if the Roll -Back Rate is 3.2517 mills • General Fund will have a $570K deficit. (Rollback) • CRA will be reduced by $252K. (Rollback) Middle of the road rate of 3.4117 mills • General Fund will have a $285K deficit. • CRA will be reduced by $126K. ***Important Note — The County's GF Millage is below the City's GF Millage , therefore, the County's share of TIF will be limited to their GF Millage resulting in an amount of $191,662 less. General Fund Key numbers with Proposed Millage of 3.5716 • Contingency - $239,329. • Renewal and Replacement replenishment - $236,000. • New Staff IT position - $76,000. ARPA Summary • CIP SW-2 Center Ditch Improvement- $450,000. • CIP SW-7 Center Street Basin Improvements $467,500. • CIP WW-16 Replace Clarifier Interior $1,400,000. • Total ARPA FY 23/24 - $2,317,500. DRAFT CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoToWebinar Tuesday July 18, 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 Mickie Kellum Kim Davis Wes Morrison Angela Raymond Don Willis Others Present: City Manager City Attorney City Clerk Administrative/Financial Services Director Deputy Finance Director Capital Projects Director Capital Projects Deputy Director Community + Economic Development (C+ED) Dir. C+ED Senior Planner C+ED Chief Resilience Manager C+ED Resilience Engineering Services Manager Parks, Recreation + Community Affairs (PRCA) Dir. Executive Assistant to City Manager/Office Manager Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant Canaveral Fire Rescue Chief Canaveral Fire Rescue Deputy Chief/COO Todd Morley Anthony Garganese Mia Goforth John DeLeo Jenny Coldiron Jeff Ratliff Tim Carlisle Dave Dickey Kyle Harris Zachary Eichholz Alexis Miller Molly Thomas Lisa Day Byron Keck Scott Molyneaux Dave Sargeant Chris Quinn APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: Council reached consensus to approve the Agenda as written. PRESENTATIONS/INTERVIEWS: Presentation by Robert Barto, Florida Manager, East Coast Greenway Alliance: Mr. Barto conducted a slide presentation and discussed the mission, goals and accomplishments of the East Coast Greenway Alliance. Discussion ensued regarding East Central Boulevard eligibility for improvements if requirements of the Alliance are met. Council thanked Mr. Barto. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • July 18, 2023 Minutes • Page 2 of 6 Interview Applicant for appointment to the Board of Adjustment. (Lewis G. Brewer): City Attorney Garganese confirmed Mr. Brewer's eligibility to serve. Mr. Brewer discussed his interest in volunteering and details of his background. Council thanked Mr. Brewer. PUBLIC PARTICIPATION: John Benton, visitor, discussed a code reduction hearing request. BUDGETARY ITEM: 1. Resolution No. 2023-13; adopting a Tentative Proposed Millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2023/2024 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date: Mayor Morrison read the title into the record. Discussion ensued and included support for millage rate reduction, support for the Tentative Proposed Millage Rate, and Council's ability to only reduce the rate at a future meeting. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Davis, to adopt Resolution No. 2023-13, as written. Discussion ensued and included desire to go with a middle-of-the-road rate, affordable housing, the effect of ad valorem tax on renters and desire to lower taxes, questions regarding Resolution Sections 1, 2 and 3, and desire for Staff to double and triple check the rate calculations. Administrative/Financial Services Director DeLeo confirmed using the same calculation as last year. Discussion continued regarding the Florida Department of Revenue's formula. The motion carried 3-2, with Council Member Kellum and Mayor Morrison voting against. Discussion continued regarding the vote against the Resolution. CONSENT AGENDA: Mayor Morrison removed Item 6, and Council Member Kellum removed Items 5 and 7. 2. Approve Minutes for the June 20, 2023 Regular Meeting. 3. Resolution No. 2023-10; appointing a Member to the Board of Adjustment of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Lewis G. Brewer) 4. Resolution No. 2023-14; endorsing the designation of the Cape Canaveral Trail, segments of North Atlantic Avenue, West Central Boulevard, and Ridgewood Avenue, as part of the East Coast Greenway by the East Coast Greenway Alliance; providing a letter of support; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 5. Approve two (2) proposed resilience -based project funding matches, $180,000 General Fund and $170,000 Wastewater Fund in the City's 2023/2024 Fiscal Year budget, for Hazard Mitigation Grant Program Applications for critical energy production and backup systems. Grant revenue to offset both projects will be $131,250 General Fund and $123,750 Wastewater Fund, resulting in net cost to the City not to exceed $95,000. 6. Authorize the City Manager to execute a Services Agreement with a selected Short-term Rental and Mortgage Foreclosure registration and compliance company. 7. Approve Continuing Services Agreement with Kimley-Horn and Associates, Inc. for the performance of day-to-day and Task Order engineering services on an as needed basis and authorize the City Manager to execute same. A motion was made by Council Member Willis, seconded by Council Member Davis, to approve the Consent Agenda Items 2 through 4. The motion carried 5-0. #5 Discussion ensued and included the costs benefits and savings in electricity for both portable generators and the two truck generators. Resilience Engineering Services Manager Miller City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • July 18, 2023 Minutes • Page 3 of 6 explained the funding is connected to Hurricane Nicole, Brevard County is focused on continuity of services, and how the flexibility and response would benefit the City regarding the City's Wastewater Treatment Plant and the Cape Canaveral Community Center (C5) during a disaster as an additional redundancy and a robust system for Brevard County Sheriff's Office Canaveral Precinct in the event of power loss. Discussion ensued regarding support for the initiative, the 100% return on investments with this type of equipment, and the financial impact will be reflected in the Proposed Budget at the August Workshop meeting. A motion was made by Council Member Willis, seconded by Mayor Pro Tem Raymond, to adopt the Item as written. The motion carried 5-0. #6 Discussion ensued and included desire to review the Agreement, conducting a Special City Council Meeting to consider the Item before the Regular Meeting in August. City Manager Morley explained his goal to have a decision matrix for Council to review at the Regular August City Council Meeting, providing Staff research to Council, and there being no immediate action required. Council reached consensus to bring the Item back to the City Council Regular Meeting of August 15, 2023. #7 Discussion ensued and included entering into a contract under the proposed terms, support for an in-house City Engineer, Section 2.3 of the Agreement which provides the City the ability to use other contractors when needed, the blended fee rate with no minimum hours, and the importance of convenience which may eliminate spending more money. City Manager Morley reviewed minor changes made by Kimley-Horn that did not make it into the Packet when it was originally published. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Davis, to approve the Item. The motion carried 5-0. ITEMS FOR ACTION: 8. Advance Capital Improvement Plan item FR-4 to the current fiscal year and approve purchase of a new Pierce Velocity 100ft Ascendant Aerial Tower Truck, in the amount of $432,194: City Manager Morley explained the Item. Discussion ensued regarding thirty months for delivery. A motion was made by Council Member Kellum, seconded by Council Member Willis, to purchase the Truck for $432,194, as written. The motion carried 5-0. 9. Approve proposal from Jobear Contracting, Inc. in an amount not to exceed $750,000 for the renovation and construction of Veterans Memorial Park and authorize the City Manager to execute the same: City Manager Morley explained the Item including the Veterans Memorial Park (VMP) Project timeline, cost increases starting in FY 2020/21 through now, and his recommendation for Council to direct Staff to conduct value engineering to reduce total costs. Discussion ensued and included inquiry over whether the $410,000 was for the entire Park, postponing the Project will increase costs, and how the playground and bridge were removed from the design plan. Capital Projects Deputy Director Carlisle explained the area for a bio-swale stormwater improvement project is separate from the VMP Project, and Staff is working on obtaining a grant for the bio-swale project. Discussion continued over concerns of the cost increase, low usage of the Park, and delays due to the COVID-19 Pandemic. City Manager Morley discussed the increase is not in the Proposed Budget but will appear in the next revised Proposed Budget. Administrative/Financial Services Director DeLeo discussed possible use of funds in the Community Redevelopment Area (CRA) Budget should Council approve the Item. Discussion continued regarding the original Project name of Whimsy Park, usage of the Park will increase after improvements are made, and concerns over increased costs versus benefit. City Manager Morley explained approval of the Item should be stated as contingent upon the subsequent City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • July 18, 2023 Minutes • Page 4 of 6 approval of the CRA Board. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Davis, to approve the Proposal from Jobear Contracting, Inc. for Veterans Memorial Park contingent upon approval of the CRA Board. The motion carried 5-0. Mayor Morrison recessed the meeting at 7:46 p.m. The meeting reconvened at 7:59 p.m. 10. Approve City -owned electric vehicle charging station upgrade project proposal, to utilize NovaCHARGE networked NC8000 series charging stations, requiring user payment, and a FY 23/24 budget allocation for the project in the amount of $120,000: City Manager Morley explained the Item, the Project did not make it in time for publication in the Proposed Budget, it will appear in the next revised Proposed Budget, and that Council could provide a differential rate for residents. Chief Resilience Manager Eichholz explained the current status of the City's electric vehicle charging stations (EV chargers) and the general outlook for the electric vehicles. Discussion ensued and included whether users of the City EV chargers are primarily visitors or residents, usage projections versus residents deciding to use power at home, current City EV chargers do not provide visitor versus residential data, annual costs, support to discontinue providing free electricity, and that the City will have complete control of the System should it approve the Project. Oscar Rodriquez, CEO NovaCHARGE, discussed the company's Program including software, current service areas in Orlando and throughout the country, and the user pay program which features in-app QR (Quick Response) codes for local business advertising and earned discount awards. Discussion with Mr. Rodriquez ensued and included expected State legislative caps on pricing, standard AC chargers and adaptors related to voltage required on all vehicles, recommended 5 year warranty for the NovaCHARGE equipment, user identification system similar to toll roads, phone app includes RFID (Radio -Frequency Identification) security, and first-time users can access the system within 5 minutes. City Manager Morley explained approval of the Item would be contingent upon subsequent CRA Board approval. Discussion ensued regarding a future fee schedule, car charging time variability, forthcoming decisions to be made regarding managing revenues. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Willis, to approve the Contract with NovaCHARGE contingent upon CRA Board approval. Discussion ensued and included timing of implementation of the Project, public outreach, a start date of October 1, 2023, shutting down the current chargers, Hurricane Season and loss of power, support for immediate action, and Staff outreach to announce charger shut-off Wednesday, July 19, 2023 if Council chooses. City Manager Morley advised for a separate motion from the Main Motion. Discussion continued regarding shutting off EV charger power without CRA Board approval, and the previous administration's decision to provide free EV charging. The motion carried 5-0. Discussion continued regarding the existing chargers and plans to keep and repurpose those assets. A motion was made by Mayor Morrison, seconded by Mayor Pro Tem Raymond, to terminate electric vehicle charging tomorrow. Discussion ensued regarding sharing the information about the termination of the EV chargers by close of business tomorrow. The motion carried 4- 1, with Council Member Davis voting against. City Manager Morley discussed the need for the CRA Board to consider the Council -approved Items contingent upon CRA Board approval. Discussion ensued and included when best to call a CRA Board Meeting. City Attorney Garganese advised Council to have funding secured before entering into the contract. Council reached consensus for a Member of the CRA Board to email the City Clerk's Office should they desire to schedule a CRA Board Meeting before September 20, 2023. City Manager Morley stated the contract will not be signed until the matter is settled. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • July 18, 2023 Minutes • Page 5 of 6 11. Appoint one (1) Council Member to the City's internal Local Roads Committee: City Manager Morley explained the Item. A motion was made by Council Member Davis, seconded by Mayor Pro Tem Raymond, to appoint Council Member Willis to serve. City Attorney Garganese recommended the Council Member on the Committee serve as a liaison and not as a voting member, and Committee Members must not communicate with each other, depending on the subject matter, unless they are in an open public meeting. City Manager Morley clarified the Committee's purpose to review items and present information to the City Manager, who in turn will make appropriate recommendations to the City Council. Discussion ensued and included having one aggregate meeting with the City Council, alternating Council Members to participate in each meeting, desire for citizen representation on the Committee, and Council Member Willis confirming willingness to serve. The motion passed 5-0. ITEMS FOR DISCUSSION: 12. Juneteenth Holiday Proposal (Submitted by Mayor Pro Tem Raymond): Mayor Pro Tem Raymond explained the Item. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Davis, to direct Staff to draw up a resolution to make Juneteenth a paid holiday for City employees. Discussion ensued and included the eleven paid Federal Holidays recognized by the City, support for taking all Federal Holidays as paid including Columbus Day, whether the City can afford extra holidays for people not working and paying them, and uncertainty over the decision being within City Manager versus Council purview. City Manager Morley indicated a need to consult with the City Attorney before a decision to bring back a resolution and the need for further research. Council reached consensus to rescind the Motion. 13. No Smoking in City Parks and the beach, especially when children are present. (Submitted by Mayor Pro Tem Raymond): Mayor Pro Tem Raymond explained the Item. Discussion ensued and included success with the measure in the City of Indian Harbor Beach and cigarette litter is what Staff finds most during trash pick-ups on the beach. City Manager Morley suggested Council direct Staff to prepare a memorandum to the Council regarding ideas on implementation and then meet again on the topic for more direction. City Attorney Garganese advised current City Code makes it unlawful to consume any tobacco products in City parks, including the City beach, provided tobacco -free areas are created. Discussion ensued regarding signage, tobacco -free area designations, and State law authorizes cities to adopt these areas with administrative action. Council reached consensus to direct Staff to prepare a memorandum to Council and bring the issue back to a future meeting. 14. Coyote Management Plan in Cape Canaveral (Submitted by Mayor Morrison): Mayor Morrison explained the Item. Discussion ensued and included an upcoming presentation from the Florida Fish and Wildlife Commission, the Management Plan link from the Humane Society, and abatement of the problem through legislative action by the Council. 15. Life Safety Discussion on S.R. A1A and the Beach/Ocean (Submitted by Mayor Morrison): Mayor Morrison discussed another recent fatality on State Road A1A, recent drowning rescues and drowning deaths from here to Cocoa Beach, and what to do about the issues. 16. Sign Code (Submitted by Mayor Morrison): Mayor Morrison discussed desire to revise the City Code regarding temporary, and election signs in the Code. 17. Discussion on Community Development -Building Dept. -Code Enforcement (Submitted by Mayor Morrison): Mayor Morrison explained concerns over complaints received related to City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • July 18, 2023 Minutes • Page 6 of 6 Community and Economic Development's Building Inspection and Code Enforcement regarding project delays in the City, and desire for the rest of the Council to understand these issues. Discussion ensued regarding a call for the Mayor to provide more details and information on discussion items in order for Council understand what it is that needs to be discussed. Mayor Morrison stated he does not have all of the information but has been working on these issues for a long time, and expressed concern over the 2023/24 FY Budget versus the challenges in this area. REPORTS: Council Member Kellum discussed plans by the American Legion, the VFW and hopefully the City to partner in having the first Veterans Day Parade on November 11, 2023, and an organizational meeting to be held at the VFW at 11 a.m. on Thursday, July 20, 2023. Council Member Willis announced Coffee with a Cop will be 9 a.m., Monday, August 7, 2023 at Cherie Down Park. ADJOURNMENT: The Meeting was adjourned at 10:03 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 15, 2023 AGENDA ITEM SUMMARY • ITEM # 2 Subject: Resolution No. 2023-15; reappointing a Member to the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Susan Denny) Department: City Clerk's Office Summary: The term for Planning and Zoning Board Member Susan Denny will expire September 15, 2023. Ms. Denny was originally appointed in November 2020 to fill a vacancy on the Board. As Ms. Denny has only served a single term up to this point, she is eligible for reappointment, and has expressed interest in continuing to serve on the Board. Following the completion of this term, Ms. Denny may be eligible for reappointment, should no qualified candidates apply to serve on the Board, consistent with the limitations set forth in Section 2 171(f), City Code. It is now incumbent upon Council to reappoint a member to the Planning and Zoning Board. Submitting Department Director: Mia Goforth Attachment: Resolution No. 2023-15 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. 2023-15. Approved by City Manager: Todd Morley RESOLUTION NO. 2023-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A MEMBER TO THE PLANNING AND ZONING 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 §58-56 established a Board known as the Planning and Zoning Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint a member to the Planning and Zoning 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 of a Member to the Planning and Zoning Board. Pursuant to City Code §2-171(f), the City Council of the City of Cape Canaveral hereby reappoints the following individual to the Planning and Zoning Board: Susan Denny shall be reappointed, to serve until September 15, 2026. Following completion of this term, this appointee may be eligible for reappointment if no other qualified applicants submit applications seeking appointment, consistent with the limitations set forth in section 2-171(f), City Code. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 15th Day of August, 2023. [Signature Page Follows] City of Cape Canaveral Resolution No. 2023-15 Page 1 of 2 ATTEST: Mia Goforth, CMC, City Clerk Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Wes Morrison, Mayor Name FOR AGAINST Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis City of Cape Canaveral Resolution No. 2023-15 Page 2 of 2 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 15, 2023 AGENDA ITEM SUMMARY • ITEM # 3 Subject: Resolution No. 2023-16; adopting a fee schedule for the Cape Canaveral Community Center; providing for the repeal of prior inconsistent resolutions, severability and an effective date. Department: Parks, Recreation + Community Affairs Summary: At its August 16, 2022 Regular Meeting, City Council established a fee schedule for the City of Cape Canaveral Community Center (C5) via Resolution No. 2022-18 (Attachment 1). As part of the discussion on that item, City Council tasked Staff with presenting revenue data and estimated operating costs after one year of the facility's operations (Attachment 2). To help City Council take informed action on this item, the Culture and Leisure Services Board (CLSB) reviewed the C5 revenue data and estimated operating costs at its July 27, 2023 Regular Meeting (Attachment 3). The Board recommends that City Council consider amending the C5 fee schedule, for the upcoming 2023-24 Fiscal Year, to maintain the current general user fee rates for Residents, increase general user fees for Non -Residents and raise the cost of Facility Rentals by 6%, rounded up to the next dollar, for all user categories. If adopted, Resolution No. 2023-16 (Attachment 4) would have an effective date of October 1, 2023. Submitting Department Director: Molly A. Thomas Attachments: (1) Resolution No. 2022-18 (2) Community Center User Fee Revenues + Estimated Expenses (3) Draft Minutes from the July 27, 2023 Culture and Leisure Services Board Meeting (4) Resolution No. 2023-16 Financial Impact: Depending on continued usage rates, the rates recommended by the CLSB could increase non-resident, general use revenues by approximately 15%, and facility rental revenues by approximately 6%; 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. 2023-16. Approved by City Manager: Todd Morley Attachment 1 RESOLUTION NO. 2022-18 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA ADOPTING A FEE SCHEDULE FOR THE CAPE CANAVERAL COMMUNITY CENTER; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. 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. Adoption of Fee Schedule. (The fee schedule attached hereto as Exhibit "A" is hereby adopted for the Community Center. 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 October 1, 2022. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 16th day of August 2022. Mia Goforth, CM City Clerk Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Wes Morrison, Mayor Name Kim Davis Mickie Kellum Wes Morrison FOR X Senond X Angela Raymond X Don Willis Motion ArStho_ ny A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2022-18 Page 1 of 1 AGAINST Resolution No. 2022-18 Exhibit A Community Center Proposed User Fees (Tax Included) Daily Monthly Annual Est.Visits Annual Based on Daily Rate Resident Adult $5.00 $40.00 $440.00 800 $4,000 Resident Senior $4.00 $32.00 $352.00 1800 $7,200 a Resident Child $0.00 $0.00 $0.00 100 $0 = Non-Resident Adult $6.00 $48.00 $528.00 900 $5,400 0 a Non-Resident Senior $5.00 $40.00 $440.00 1800 $9,000 0 Non-Resident Child $2.00 $16.00 $176.00 20 $40 Veteran/First Responder $4.00 $32.00 $352.00 50 $200 Non-Contract City Employees $0.00 $0.00 $0.00 N/A $0 Est. Total $25,840 Community Center Proposed Rental Fees (Subject to Tax) Resident Hourly Deposit Add. Fee Gym (Event) $95.00 $150.00 $200.00 (floor covering) m Gym (Athletics) $95.00 $150.00 = Conference Room $88.00 $150.00 0 Q. Non-Resident 0 Gym (Event) $114.00 $150.00 $200.00 (floor covering) Gym (Athletics) $114.00 $150.00 Conference Room $92.00 $150.00 Notes: Monthly Rate offers unlimited visits but is equivilant to 8 Daily drop-in payments. Yearly Rate is unlimited visits, but is equvilant to 11 Monthly membership payments. Floor covering requirement for non-athletic events is determined by staff. Fee covers staff costs (2 employees minimum) to put down and take up protective cover. If staff determines floor protection is needed, it is non-negotiable by renter. Attachment 2 Cape Canaveral Community Center User Fee Revenues FY 2022/23 Category Membership/Daily Revenue Insurance Benefit Revenue Facility Rental Revenue Amount $68,575.92 $7,975.10 $9,589.87 User Fee Totals $86,140.89 Memo Reflects 01/01/23 - current Attachment 3 CULTURE AND LEISURE SERVICES BOARD REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Thursday July 27, 2023 5:30 p.m. MINUTES CALL TO ORDER: The meeting was called to order at 5:30 p.m. by Chairperson, Joel Fair. The Board Secretary called the roll. ROLL CALL Joel Fair Chairperson Kathy Parks Vice Chairperson Angela Trulock Larry Holmes Betsy Ronk Members Absent (Excused): Mary Mosquera Others Present: Molly Thomas John Mayberry Samantha Berry Amy Moody Parks, Recreation + Community Affairs Director Deputy Director Projects + Parks Board Secretary Community Engagement Manager PUBLIC PARTICIPATION: None ITEMS FOR ACTION 1. Approve or amend the Agenda. A motion was made by Kathy Parks to approve the Agenda as written, Betsy Ronk seconded. The motion carried unanimously. 2. Approve Minutes for the Culture and Leisure Services Board Regular Meeting of May 25, 2023. A motion was made by Betsy Ronk to approve the meeting minutes from May 25, 2023 as written, seconded by Kathy Parks. The motion carried unanimously 5-0. 3. Review user fee data and estimated operating costs for the City of Cape Canaveral Community Center; and make a recommendation for City Council to maintain or increase rates for the upcoming Fiscal Year. A motion was made by Ms. Ronk, that the Board recommend maintaining the current rates for Residents, Veterans and First City of Cape Canaveral, Florida CLS Board Meeting • July 27, 2023 Meeting Minutes. Page 2 of 3 Responders; and increase the Non-Resident User Rates by an even $1.00. Mr. Holmes seconded the motion, it carried unanimously 5-0. Another motion was made by Ms. Ronk, that the Board recommend increasing the Facility Rental rates by 6% across the board, rounded up to the nearest dollar. Mr. Holmes seconded the motion. Chairman Fair recused himself from voting, noting that his church organization frequently rents City facilities. The motion carried unanimously 4-0. The Board further requested that the amended fees recommended during this minute be reflected in the minutes using a table format. See below. C5 Fee Structure Recommended by CLSB at July 27, 2023 Meeting GENERAL USE Rate Category Daily Monthly Annual RESIDENT RATES Senior $4.00 $32.00 $352.00 Adult $5.00 $40.00 $440.00 Child $0.00 $0.00 $0.00 NON-RESIDENT RATES Senior $6.00 $48.00 $528.00 Adult $7.00 $56.00 $616.00 Child $3.00 $24.00 $264.00 OTHER Veteran/First Responder $4.00 $32.00 $352.00 FACILITY RENTALS Rate Category Hourly Deposit Additional RESIDENT RATES Conference Room $94.00 $150.00 $0.00 Gym - Athletics $101.00 $150.00 $0.00 Gym - Event $101.00 $150.00 $200.00 NON-RESIDENT RATES Conference Room $98.00 $150.00 $0.00 Gym - Athletics $121.00 $150.00 $0.00 Gym - Event $121.00 $150.00 $200.00 City of Cape Canaveral, Florida CLS Board Meeting • July 27, 2023 Meeting Minutes. Page 3 of 3 STAFF REPORTS: • Mr. Mayberry provided status updates on the following projects: o The Splash Pad experienced technical difficulties caused by probable lightning strike in the area. Repairs have been made and Staff is exploring hardening solutions to guard/prevent future issues related to lightning. o A fence has been installed around the Splash Pad perimeter. o New sod has been installed on the infield and the field will remain closed for it to take root. Infield project came in far enough under budget to allow for the purchase of a new scoreboard. • Ms. Thomas provided status updates on the following projects and events: o The donation window for Back2School Jamboree supplies is now closed. Board members are invited to participate in the packing and distribution activities. o Department Staff will begin planning for the Monster Mash Trunk or Treat and Holiday in the City after the Back2School Jamboree is complete. o Staff provided tour of the Community Center for Cape View Elementary's new principal, Mrs. Melissa Long, and briefed her on the City's partnership activities with the school. o The CAPE Center is still awaiting Certificate of Completion. The first Call for Art has closed and Staff has started the interview process for teaching artists and program contractors. is underway. A highly tentative soft opening date is targeted for late September, early October. o Veterans Memorial Park bids came in higher than expected, due in part to inflation. The project will commence once an appropriate funding solution is confirmed. o The first Civic Hub Project Workshop was held on July 26, 2023. Low attendance at the in -person event was noted, but an online survey is available for residents through August 4, 2023. The next community engagement opportunity for this Project is tentatively set for September 19, 2023. Board members were encouraged to do independent outreach among friends/neighbors and reminded to consult the Code of Conduct when engaging in outreach conversations regarding this project. ADJOURNMENT: There being no further business, Kathy Parks made a motion to adjourn the meeting, Angela Trulock seconded. The motion carried unanimously, and the meeting adjourned at 6:53 p.m. Approved on this, the 28th day of September, 2023. Joel Fair, Chairperson Samantha Berry, Board Secretary Attachment 4 RESOLUTION NO. 2023-16 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA ADOPTING A FEE SCHEDULE FOR THE CAPE CANAVERAL COMMUNITY CENTER; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City's Culture and Leisure Services Board (CLSB) has recommended that the City Council adopt user fees for the City of Cape Canaveral Community Center; and WHEREAS, the City Council desires to adopt the CLSB's recommendation and finds that this Resolution is in the best interest of the public health, safety and welfare of the citizens of Cape Canaveral; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Adoption of Fee Schedule. The fee schedule attached hereto as Exhibit "A" is hereby fully incorporated herein by this reference and adopted for the Community Center. 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 October 1, 2023. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 15th day of August, 2023. ATTEST: Wes Morrison, Mayor Name FOR AGAINST Mia Goforth, CMC, Kim Davis City Clerk Mickie Kellum Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Wes Morrison Angela Raymond Anthony A. Garganese, City Attorney Don Willis City of Cape Canaveral Resolution No. 2023-16 Page 1 of 2 RESOLUTION NO. 2023-16 EXHIBIT A Fee Schedule for the City of Cape Canaveral Community Center FY 23-24 GENERAL USE Rate Category Daily Monthly Annual RESIDENT RATES Senior $4.00 $32.00 $352.00 Adult $5.00 $40.00 $440.00 Child $0.00 $0.00 $0.00 NON-RESIDENT RATES Senior $6.00 $48.00 $528.00 Adult $7.00 $56.00 $616.00 Child $3.00 $24.00 $264.00 OTHER Veteran/First Responder $4.00 $32.00 $352.00 FACILITY RENTALS Rate Category Hourly Deposit Additional RESIDENT RATES Conference Room $94.00 $150.00 $0.00 Gym - Athletics $101.00 $150.00 $0.00 Gym - Event $101.00 $150.00 $200.00 NON-RESIDENT RATES Conference Room $98.00 $150.00 $0.00 Gym - Athletics $121.00 $150.00 $0.00 Gym - Event $121.00 $150.00 $200.00 Definitions: Senior - Ages 62 and over Child - Ages 18 and under Resident - Must produce valid Government Issued Photo ID listing a Cape Canaveral address or property tax documents, a utility bill or lease reflecting a Cape Canaveral address with corresponding Government Issued Photo ID. City of Cape Canaveral Resolution No. 2023-16 Page 2 of 2 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 15, 2023 AGENDA ITEM SUMMARY • ITEM # 4 Subject: Approve proposed task order from Tetra Tech in the amount of $50,635 for structural analysis, engineering design, bidding and construction administrative services for investigating and repairing the concrete second floor platform at the Water Reclamation Facility and authorize City Manager to execute same. Department: Public Works Services Summary: Visual observations conducted by Staff in May 2023 of the eastern side of the main building at the Water Reclamation Facility (WRF) noted failures (e.g., cracking and spalling) in the existing concrete slab and beams in the second story platform located beneath the Autosamplers. Due to the potential structural nature of the damages, Staff contacted Tetra Tech's structural subconsultant (Wekiva Engineering) to perform a preliminary evaluation of the extent of the damages. During the site visit, Wekiva Engineering informed Staff that the reinforcement within the slab and beams was corroded, causing cracking and spalling of the concrete. Further investigation of the entire area was recommended. Photographs documenting concrete damages to the second floor platform are included in Attachment 1. Description of Services: Based upon the results of the preliminary analysis, Staff requested a quote from Tetra Tech which includes the following services: • Structural analysis • Project management • Final design • Bidding services • Construction administration Future costs for the Project will be dependent upon the results of the comprehensive structural analysis. If cracking and spalling of the concrete is only surficial and the damaged area is limited, costs will be much less than if severe structural damage is present over a larger area. Tetra Tech's cost estimate to perform the above listed tasks is included as Attachment 2. Selected Firm: After review of engineering firm qualifications for similar -type projects, Staff selected Tetra Tech of Orlando, Florida to provide a task order to perform the recommended engineering tasks. Tetra Tech is one of the engineering firms selected by the City for Continuing Professional Engineering/Surveying, Planning, Consulting and Architectural Services through the Consultants' Competitive Negotiation Act (CCNA). A Master Services Agreement for these services was signed in July 2018 between the City and Tetra Tech; a one-year extension to the Agreement was signed in July 2023. Submitting Department Director: June Clark Attachments: 1. Photographs of Concrete Damage 2. Tetra Tech Scope of Services Financial Impact: $50,635 from Wastewater Fund and Staff time and effort to prepare this item. Reviewed by Administrative/Financial Services Director: Jenny Coldiron for John DeLeo City of Cape Canaveral City Council Meeting • August 15, 2023 Agenda Item # 4_ Page 2 of 2 The City Manager recommends the City Council take the following actions: Approve proposed task order from Tetra Tech in the amount of $50,635 for structural analysis, engineering design, bidding and construction administrative services for investigating and repairing the concrete second floor platform at the Water Reclamation Facility and authorize City Manager to execute same. Approved by City Manager: Todd Morley Attachment No. 1 Photographs of Concrete Damage Photographs of Concrete Damage TETRA TECH CITY OF CAPE CANAVERAL EFFLUENT TRANSFER PUMP STATION STRUCTURAL REHABILITATION SCOPE OF SERVICES I. PROJECT DESCRIPTION Attachment No. 2 The City of Cape Canaveral (City) owns and operates an existing wastewater reclamation facility (WRF) that employs a 5-stage biological nutrient removal (BNR) process to provide effluent suitable for discharge to surface water. During a Tetra Tech visit to the WRF, the City noted failures on the existing concrete slab and beams located above the Effluent Transfer Pump Station. Tetra Tech's structural subconsultant (Wekiva Engineering) completed a follow up site visit to view the current condition of this area and evaluate the extent of the damages. During the site visit, Wekiva Engineering mentioned that the reinforcement within the slab and beams appeared to be corroded causing cracking and spalling of the concrete. Wekiva Engineering will assist Tetra Tech in the preparation of repair drawings and provide bidding and construction administration services for the structural repairs. The services provided herein reflect the requisite design, bidding, and construction services to deliver the facilities in accordance with Tetra Tech/City Agreement for Engineering/Surveying Services dated July 17, 2018. Tasks for this project will be completed on a phased basis and are further described herein. II. SCOPE OF WORK Task 1— Project Management 1. Tetra Tech will prepare for and attend a project kick-off meeting at the project site to go over the project objectives, lines of communication, and data request. Prepare a meeting agenda and summary for distribution to all attendees. 2. Submit monthly invoices for projects incurred by Tetra Tech and subconsultants. 3. Coordinate with subconsultants on tasks related to the project. Task 2 — Final Design 1. Prepare engineering drawings and specifications, which will be submitted for review at 100- percent completion level. Drawings and specifications in PDF format will be provided for review. An in -person review meeting will be held following review by the City. Engineer's opinion of probable costs based on the Class 1 estimate class as defined by the Association for the Advancement of Cost Engineering (AACE) will be submitted at 100-percent completion level. To ensure proper design of the facilities, Tetra Tech will obtain approval from City for any substantial changes prior to incorporation in the final design. Drawings will be prepared using AutoCAD. Full scale drawings will be 22"x34". A preliminary list of drawings is provided below: 1 TETRA TECH General Cover Sheet Location Map, General Notes, and Drawing Index Legend and Abbreviations Structural Existing Conditions Demolition Plan Proposed Improvements Plan Sections and Details 2. Prepare a comprehensive project manual to contain bidding, contract and general requirements (Divisions 0 and 1), and technical specifications (Divisions 2 through 16) for competitive bidding. The project manual and its contents will be formatted in accordance with the Construction Specification Institute (CSI) and prepared using Microsoft WORD®. The technical specifications will follow the most current City Engineering Standards and all State of Florida Department of Environmental Protection (FDEP) Rules and Regulations. Task 3 — Bidding Services 1. Furnish the City with a "master set" of bid documents in electronic format, as well as 22" x 34" full scale drawings and a project manual for advertisement and issuance of documents by the City. Electronic formats for the drawings and specifications will be provided in Acrobat PDF. 2. Prepare and conduct an in -person pre -bid meeting with the City, bidders, and Wekiva Engineering. 3. Respond to questions received by the City for clarifications or technical revisions that become apparent during the bidding process. The City will prepare and issue addenda. 4. Review and evaluate the low bidder's qualifications for performing the work and provide recommendations regarding contract award. 5. Conform the construction documents at the end of the bidding phase to reflect changes to the construction drawings or specifications made in addenda. Task 4 — Construction Administration Services 1. Prepare for, attend, and conduct one (1) in -person preconstruction meeting with City, selected Contractor, and Wekiva Engineering. Tetra Tech will be responsible for recording and distributing meeting minutes to all attendees. 2. Attend monthly progress meetings hosted by the Contractor throughout the progress of work. Progress meetings will be held monthly. It is anticipated that three (3) progress meetings will be held in person and will include a site visit/walkthrough. The site visits will be to observe the progress and general quality of the construction and to document general conformance with the Contract Documents. It is anticipated that the in -person progress meetings will be approximately four (4) hours based on travel time and anticipated meeting duration. Tetra Tech will prepare meeting agendas, take meeting notes, and distribute to attendees. 2 TETRA TECH 3. Review shop drawings and other submittals to determine conformance with the design concepts of the project and compliance with the general requirements provided in the contract documents. Perform a maximum of 2 reviews per submittal. It is anticipated that approximately ten (10) submittals will be submitted by the Contractor and reviewed by Wekiva Engineering and Tetra Tech. Additional submittals requiring more than two reviews will be reviewed upon payment of a review fee by the Contractor based on Tetra Tech Contract labor rates. 4. Review requests for information (RFIs), provide interpretation of construction documents, and issue written clarifications or interpretations. It is anticipated that approximately two (2) RFIs will be submitted by the Contractor and responded to by Wekiva Engineering and Tetra Tech. 5. Review requests for change orders and work change directives and prepare subsequent documentation. 6. Review of Applications for Payment. Based on Engineer's observations, discussions with the City's inspector and review of accompanying supporting documentation, determine the amounts that Engineer recommends Contractor be paid in writing on application form. It is anticipated to be an approximately 3-month construction schedule, and therefore, this Scope anticipates reviewing up to three (3) pay applications. 7. After successful startup/testing and upon written request by the Contractor, Tetra Tech, Wekiva Engineering, and the City will conduct a substantial completion inspection of the Project with preparation and distribution of a punch list of observed deficiencies to be completed by the Contractor prior to the final completion date. The project will be certified substantially complete only if the work is sufficiently complete in accordance with the contract documents, so that the work can be utilized for the purposes for which it is intended. Upon written request by the Contractor, Tetra Tech and Wekiva Engineering will conduct a final inspection to confirm that substantial completion punch list items have been addressed. A total of one (1) substantial completion inspection and one (1) final inspection will be included in this Scope. 8. Review the contractor's as -built drawings for completeness monthly during construction. Prepare record drawings for the City's use from information provided by the Contractor delineating dimensions, location, and elevation of all facilities constructed. Provide the City with one (1) electronic file of record drawings in AutoCAD current release, one (1) electronic file of record drawings in PDF format, and three (3) sets of 22"x34" printed record drawings. 3 TETRATECH III. COMPENSATION The total lump sum fee for the Scope of Services described in Section II is$50,635. Attachment A presents a detailed breakdown of the estimated hours and compensation for the Scope of Services. Task 1—Project Management $ 4,079 Task 2—Final Design $ 7,559 Task 3—Bidding Services $ 9,313 Task 4—Construction Administration Services $ 14,384 Task 5—Subcontractor (Structural) $ 15,300 Tot. $ 50,635 IV. SCHEDULE The anticipated delivery schedule for the project is presented below: Task Duration in Cumulative Weeks After Milestone Weeks Notice to Proceed Kick-off Meeting/Site Visit 2 2 100%Submittal 4 6 City Review w/ Meeting 2 8 Bid Set Submittal 2 10 Bidding &Award 6 16 Construction Final Completion 12 28 4 (mj Price Proposal labor Plan 4 Resource ETPS Structural Rehabilitation Rehabilitate reinforcement within the slab and beams above the effluent transfer pump station Proj Area> Submitted to: City of Cape Canaveral (Attn:Jeff Ratliff) so 0 U C v v h Contract Type: Lump Sum Y > a Total v v Task Pricing 0 Labor Hrs m a w. a a-v Labor Subs ODCs Totals Project Phases/Tasks 201 61 94 14 32 34,654 15,300 681 50,635 Task 1-Project Management 19 12 6 - 1 4,007 - 73 4,079 Kick-Off Meeting/Site Visit 11 4 6 1 2,023 73 2,095 Invoicing&Sub Coordination 8 8 1,984 1,984 Task 2-Final Design 46 10 22 6 8 7,461 - 98 7,559 Construction Drawings(General)(3 Sheets) 10 2 2 6 1,612 1,612 Project Manual 24 4 12 8 3,605 3,605 100%Submittal and Review Meeting 12 4 8 2,244 98 2,342 Task 3-Bidding Services 57 11 32 4 10 9,190 - 123 9,313 Bid Set Documents 10 2 4 2 2 1,573 25 1,598 In-Person Pre-Bid Meeting 9 3 6 1,683 73 1,756 Bidding Assistance 19 3 12 4 2,990 2,990 Bid Evaluations and Rec of Award 8 2 6 1,435 1,435 Conform Documents 11 1 4 2 4 1,509 25 1,534 Task 4-Construction Administration 79 28 34 4 13 13,995 - 389 14,384 In-Person Preconstruction Meeting 8 3 5 1,526 73 1,599 Monthly Progress Meetings(3) 27 12 15 5,323 146 5,469 Review Shop Drawings(10) 18 6 12 2,591 2,591 RFIs/Change Orders(2) 4 3 1 836 836 Review Pay Applications(3) 3 3 744 744 Substantial Completion Inspection 6 6 939 73 1,012 Final Completion Inspection 6 6 939 73 1,012 Record Drawings 7 1 2 4 1,096 25 1,121 Task 5-Subcontractors - - - - - - 15,300 - 15,300 Wekiva Engineering(Structural) - 15,300 15,300 Totals 201 61 94 14 32 34,654 15,300 681 50,635 Tetra Tech Page 1 of 1 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 15, 2023 AGENDA ITEM SUMMARY • ITEM # 5 Subject: Authorize City Manager to execute a Standard Grant Agreement with the State of Florida Department of Environmental Protection, "City of Cape Canaveral Enhanced Vulnerability Analysis" Agreement No. 23PLN05, for the total amount of $225,000 over three years. Department: Community and Economic Development Summary: In June 2022, the Resilient Florida Grant Program, 380.093, F.S., underwent statutory changes that required many Florida municipalities to either conduct an inaugural or update an existing Vulnerability Analysis (VA) to remain eligible for future funding from the Department of Environmental Protection (DEP). The Resilient Florida Grant Program (Resilient Florida) conducted a statewide inventory of VAs, and found the City of Cape Canaveral 2019 VA to be noncompliant with the updated statutory requirements, along with many other municipalities in the state. Resilient Florida alerted the City to this noncompliance, and provided information and resources to apply for a state planning grant to update the VA. Staff completed and submitted the no -match grant application in June of 2022, titled "City of Cape Canaveral Enhanced Vulnerability Analysis," to conduct a VA that meets the state requirements. Resilient Florida released an announcement in February 2023, awarding the City $225,000, along with 127 other VA planning grants around the state, totaling $28 million. The award funds are distributed on a cost -reimbursement basis, meaning a recipient fronts the cost and requests reimbursement through Resilient Florida. There is no match requirement for this agreement, and the City will carry no net cost after the project's completion. Resilient Florida provided the City with the attached Standard Grant Agreement (Agreement No. 23PLN05) in the amount of $225,000, identifying deliverables to be provided by the project's end date of September 30, 2026. The agreement document is approximately 50 pages in total. (To reduce unnecessary printed waste, only the first page of the agreement was provided in print for this agenda item. The entire agreement document is included in this agenda's digital format on the City's website.) Deliverables include two public outreach meetings, background data acquisition, exposure and sensitivity analyses, and a final vulnerability assessment report, maps and tables. The updated VA will allow the City to better understand forecasted impacts of sea level rise, storm surge, coastal flooding, and other wet -weather and climate related hazards. These threats have implications for continued resilience initiatives regarding the built environment, decision making for community development and policies, and prioritization for critical infrastructure improvements, including ecosystem services. The City Attorney reviewed the agreement and provided comments regarding reporting requirements for the City's financial department as well as subcontractor selection, all of which have been addressed. The City will partner with the East Central Florida Regional Planning Council (ECFRPC) as a governmental entity subcontractor to execute the VA and all associated deliverables over a 36- month period. This partnership agreement does not require a bid process for award from the City, as the ECFRPC is exempt via Florida Statute 287.057 (3)(e)12 as it is a government entity providing the contracted services, per F.S. 186.512. The ECFRPC comprises a 32-member Council and skilled staff of subject matter experts with institutional and contextual knowledge of vulnerability and City of Cape Canaveral City Council Meeting • August 15, 2023 Agenda Item # 5_ Page 2 of 2 resilience on the barrier island and Space Coast, is a long-time public partner with the City, and authored the City's existing 2019 VA, which drove the initiatives outlined in the City's 2021 Resiliency Action Plan. Given the project timeline, Staff recommends allocating approximately $75,000 of the grant award for each upcoming fiscal year, terminating on the agreement expiration date. Staff will provide annual updates on project progress to the Council during a public meeting separate from the required community engagement deliverables, as well as a final report presentation. Submitting Department Director: Dave Dickey Attachment: State of Florida Department of Environmental Protection: Standard Grant Agreement, No. 23PLN05, City of Cape Canaveral Enhanced Vulnerability Analysis (first page only) Financial Impact: Overall Financial Impact will be zero dollars. $75,000 of Grant Funds awarded for FY 23-24, FY 24-25, and FY 25-26 to fund all expenses incurred; staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Authorize City Manager to execute a Standard Grant Agreement with the State of Florida Department of Environmental Protection, "City of Cape Canaveral Enhanced Vulnerability Analysis" Agreement No. 23PLN05, for the total amount of $225,000 over three years. Approved by City Manager: Todd Morley STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes: 1. Project Title (Project): Agreement Number: City of Cape Canaveral Enhanced Vulnerability Analysis 23PLN05 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: City of Cape Canaveral Entity Type: Local Government Grantee Address: 100 Polk Avenue Cape Canaveral, FL 32920 FEID: 59-0974636 (Grantee) 3. Agreement Begin Date: Upon Execution Date of Expiration: 9/30/2026 4. Project Number: 23PLN05 (If different from Agreement Number) Project Location(s): City of Cape Canaveral Project Description: The project will conduct a comprehensive Vulnerability Assessment pursuant to Section 380.093, Florida Statutes, for City of Cape Canaveral. 5. Total Amount of Funding: $ 225,000.00 Funding Source? Award #s or Line Item Appropriations: Amount per Source(s): ❑ State OFederal 197-H 23 $ 225,000.00 ❑ State ❑Federal $ ❑ Grantee Match $ Total Amount of Funding + Grantee Match, if any: 225,000.00 6. Department's Grant Manager Name: Kayci Carter or successor Address: Resilient Florida Program 2600 Blair Stone Road, MS235 Tallahassee, Florida 32399 Phone: 850-245-8368 Email: kayci.p.carter@FloridaDEP.gov Grantee's Grant Manager Name: Alexis Miller or successor Address: City of Cape Canaveral 100 Polk Ave Cape Canaveral, Florida 32920 Phone: 321-616-4049 Email: a.miller@cityofcapecanaveral.org 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incomorated by reference: Attachment 1: Standard Terris and Conditions Applicable to All Grants Agreements 0 Attachment 2: Special Terris and Conditions 0 Attachment 3: Grant Work Plan 0 Attachment 4: Public Records Requirements 0 Attachment 5: Special Audit Requirements 0 Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Tetius (Federal) *Copy available at https://facts.fldfs.com in accordance with §215.985, F.S. Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Foiui 0 Exhibit C: Payment Request Summary Fo u ❑ Exhibit D: Quality Assurance Requirements ❑ Exhibit E: Advance Payment Terris and Interest Earned Memo 0 Exhibit J: Common Carrier or Contracted Carrier Attestation Form PUR1808 ❑ Additional Exhibits (if necessary): Exhibit F: Final Report Form, Exhibit G: Photographer Release Form, Exhibit 13: Contractual Services Certification, Exhibit I: Vulnerability Assessment Compliance Checklist Certification DEP Agreement No. 23PLN05 Rev. 6/23/23 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 15, 2023 AGENDA ITEM SUMMARY • ITEM # 6 Subject: Ratify scoring of Short-term Rental (STR) and Mortgage Foreclosure registration and compliance service providers; and, authorize the City Attorney to draft and City Manager to execute a Services Agreement with Deckard. Department: Community and Economic Development Summary: In correspondence dated June 27, 2023 (Attachment 1), the City Attorney terminated two contracts with Property Rights Registration Champions, LLC (ProChamps), dated August 2, 2021 (Vacation Rental Contract) and May 10, 2017 (Mortgage Foreclosure Contract). In his letter, the City Attorney finds that "Due to the recent ongoing interruption of services required to be provided by the Company to the City..." and "the City has been unable to connect with any representatives of the Company to restore services." Furthermore, "This disruption in services caused by the Company's lack of performance is unacceptable to the City and has caused significant hardship on the City's business operations." This situation caused Staff to immediately identify five (5) potential local government STR and Mortgage Foreclosure registration and compliance service providers for the provision of said services. Staff conducted interviews of the following companies: 1. GovOS — (Attachment 2) 2. Deckard — (Attachment 3) 3. Granicus — (Attachment 4) 4. Orange Data 5. Munireg During the interviews, Code requirements, as contained in Sec. 110-486 (Vacation Rentals) and Article V of Sec. 82 (Registration and Maintenance of Properties in Foreclosure), as well as lessons learned from the previous service provider, were considered. In addition, Councilmembers were solicited to provide questions to be included in the interviews. The following is a list of considerations that were compiled for purposes of ranking the submittals: • Program can provide prosecutable STR data (calendar captures of rental periods, customer reviews, etc.) • Company provides STR complaint portal (online and call center) • Program allows owners to register STR properties online • Daily scraping of STR websites with bots • Company provides Foreclosure Registration Services via online portal for registration and payment of applicable fees • Daily scraping of STR websites with human oversight • Program will not allow STR owner to move forward without submittal of minimum property information (BTR information/acknowledgements, etc.) • Property Dashboard to include comprehensive STR information (rental platform link(s)/owner and/or contact information/mapped location/property photos, etc.) • Florida/local experience with monitoring minimum STR rental periods • Exportable data/reports available in real time (STR and Foreclosure Registration) • Require City STR ordinance submittals Sec. 110-486(c) (interior & exterior site sketch/BPR license/Brevard County Tax Collector account verification/etc.) to complete registration City of Cape Canaveral City Council Meeting • August 15, 2023 Agenda Item # 6_ Page 2 of 3 Staff A maximum points Of Historical revenues Comparative implementation received. Mortgage/Foreclosure Local currently populated Furthermore, It is to services • STR Public Portal • Automated outreach to STR property owners regarding registration and/or violations • Automated STR violation/complaint reports sent to City • Integration with the city's Building Department/Finance software suite, BS&A? (STR and Foreclosure) • Program allows for user customization as needed (STR and Foreclosure) prepared a Scoring Spreadsheet (Attachment 5) based on the considerations outlined above. points achieved is assigned to each criterion to reflect its relative importance. Total possible are 100, with the following scores assigned: • Deckard — 98 pts. • GovOS — 95 pts. • Granicus — 90 pts. • Orange Data — 49 pts. • Munireg — 0 pts. the five companies interviewed, only three provided proposals. revenues can be expected to be repeated. The proposed FY 2023/24 Budget includes of $60,000 and $1,500 for STR and Mortgage Foreclosure registrations respectively. anticipated costs from the STR and Mortgage Foreclosure programs and approximate timeframes are tabulated below. These are extracted from the three proposals Anticipated revenues will continue to cover operational costs for both STR programs. and are is STR Mort. Foreclosure Implementation Timeframe (estimated) Deckard $34,115 $100/property 4 weeks GovOS $34,000 Did not provide 14-16 weeks Granicus $37,793* No additional charge if providing STR services 26-28 weeks Orange Data Did not provide proposal Munireg Did not provide proposal *One-time $4,500 startup fee STR registration and compliance monitoring, as well as Mortgage Foreclosure monitoring, in abeyance until a contract with the selected company is executed and the data on its platform(s). This does not harm existing Registrants of either program. City Codes relating to STR's continue to be enforced, including: • Seven consecutive day minimum rental period • Occupancy limits • Noise • Parking now incumbent on the Council to ratify the scoring spreadsheet and authorize the City Attorney draft and City Manager to execute a Services Agreement for STR and Mortgage Foreclosure with the top ranked company (Deckard), or provide other direction. City of Cape Canaveral City Council Meeting • August 15, 2023 Agenda Item # 6_ Page 3 of 3 The fully executed agreement will be provided to the Council upon execution. Submitting Department Director: David Dickey Attachments: 1. Termination Letter — June 27, 2023 2. GovOS Proposal 3. Deckard Proposal 4. Granicus Proposal 5. Scoring Spreadsheet Financial Impact: Based on the financial information provided by the three ranked companies, as well as revenue amounts in the Proposed FY 2023/24 Budget, program revenue will offset City operational costs by an undetermined amount. Assuming a combined revenue of $61,500, and a cost of approximately $35,000, the estimated revenue will be $26,500; 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: 1. Ratify scoring of Short-term Rental and Mortgage Foreclosure registration and compliance service providers; and, 2. Authorize the City Attorney to draft and City Manager to execute a Services Agreement with Deckard for the provision of Short-term Rental and Mortgage Foreclosure registration and compliance services. Approved by City Manager: Todd Morley Attachment 1 GARGANESE, WEISS D'AGRESTA & SALZMAN, P.A. Attorneys at Law 111 N. Orange Ave., Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 June 27, 2023 Property Registration Champions, LLC. Attn: Manager 6300 North Wickham Road, Suite 130-172 Melbourne, Florida 32940 Post Prochamps Acquisition, LLC Attn: Manager 747 Third Avenue 19th Floor New York, NY 10017 Corporate Service Company Attn: Registered Agent for Property Registration Champions, LLC,. 1201 Hays Street Tallahassee, Florida 32301 Anthony A. Garganese Board Certified City, County & Local Government any arganese@orlandolaw.net Re: City of Cape Canaveral — Contracts with Property Registration Champions, LLC. To Whom It May Concern: The undersigned represents the City of Cape Canaveral as its City Attorney. The City of Cape Canaveral, Florida previously entered into two contracts with Property Registration Champions, LLC (hereinafter "Company"), dated August 2, 2021 (Vacation Rental Contract) and May 10, 2017, as amended by Amendment No. 1, dated May 9, 2021, and Amendment No. 2, dated May 19, 2021 (Mortgage Foreclosure Contract). Due to the recent ongoing interruption of services required to be provided by the Company to the City under the aforementioned Agreements, the City has been attempting to contact the Company to resolve the disruption. However, for the past couple of weeks, the City has been unable to connect with any representative of the Company to restore services. Upon information and belief, the City now believes that the Company may have ceased operations without any notification to the City. This disruption in services caused by the Company's lack of performance is unacceptable to the City and has caused significant hardship on the City's business operations. Ft. Lauderdale (954) 670-1979 • Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 Website: www.orlandolaw.net • Email: firm@orlandolaw.net City of Cape Canaveral/ Property Registration Champions, LLC 6/27/2023 Page 2 Therefore, in accordance with Section 5 of the Mortgage Foreclosure Contract and Section 5 of the Vacation Rental Contract, the City is exercising its right to immediately terminate both contracts. The Company shall also immediately cease all work performed and forward any Registration Fees owed to the City. In addition, Section 5 of both Contracts requires any reports, records, documents, forms, and other data and documents prepared by the Company, whether finished or unfinished, shall be delivered to the City Manager, Todd Morley, within seven (7) business days of termination. Additionally, because all of this information related to the City of Cape Canaveral is a public record, Section 9 of both Contracts imposes a duty on the Company, in furtherance of Section 119.0701, Florida Statutes, to provide upon termination of the contract all Cape Canaveral public records in its possession to City at no cost to the City. Accordingly, in accordance with Florida law and the terms and conditions of the Mortgage Foreclosure Contract and the Vacation Rental Contract, all public records in the Company's possession related to the City of Cape Canaveral including, but not limited to, any reports, records, documents, forms, and other data and documents prepared by the Company regarding the Mortgage Foreclosure Contract and Vacation Rental Contract shall be forwarded by the Company to Mr. Morley. Failure to timely provide the public records to the City may subject the Company to contractual and/or statutory penalties. For your convenience, Mr. Morley's contact information is 100 Polk Avenue, Cape Canaveral, Florida 32920; 321-868-1220 x218, and at tmorley@cityoicapecanaver@LoLg. PLEASE GOVERN YOURSELF ACCORDINGLY. Anthony A. Garganese City Attorney of Cape Canaveral Cc: Todd Morley, City Manager Attachment 2 ft■ Short -Term Rental Solution Cape Canaveral, FL Prepared for: Brian Palmer Cape Canaveral, FL 100 Polk Ave Cape Canaveral, Florida, 32920 Jack Downing Account Executive 703-740-7880 jack.downing@govos.com Gov°Sv 2023-07-06 8310 N. Capital of Texas Hwy. Bldg. 2, Ste. 250, Austin, TX 78731 www.GovOS.com 0061P00000c6g6GQAQ Who is GovOS? Digital Transformation for Government Building a modern government experience requires software that can be customized to meet the expectations of constituents and the needs of your staff. GovOS is a range of application suites, each designed to help you achieve digital transformation in areas that have historically been tricky to manage. GovOS offers software solutions to power local government in every step of their digital transformation journey. Our applications perform for any department within any size government. Specializing in employee, business, and citizen engagement, GovOS can help you transform your agency and your community. Why GovOS? Governments use GovOS solutions to power online services for 20+ million constituents. As a partner to hundreds of government agencies we serve across the U.S., we're transforming the way people experience local government with best -in -class digital solutions and services that modernize operations and improve constituent access and engagement. Advantages of GovOS Peace of Mine All GovOS digital solutions are cloud -based, adhering to the highest levels of security protocol and delivering secure, reliable and scalable access to information. Lt.ie. of List, Many of the solutions in the GovOS suite require no technical experience to use or administer. With just a little guidance and setup, customers can be up -and -running quickly. Configuration Options You have complete control over your functionality and workflows. From customizing and configuring automation options, you can build ideal, easy -to -use online services for everyone. World-cla4 rvice GovOS customers have access to truly superior customer service. From the first day of the project, our team works closely with yours to set you up for success, and help you achieve your goals no matter how lofty. From quick wins to complete digital transformation, the GovOS platform fits your department. We look forward to working with you, Brian Palmer and Cape Canaveral, FL, and discovering how GovOS can help you better serve your constituents. Cape Canaveral, FL v Short -Term Rental Overview The Short -Term Rental (STR) Solution allows municipalities to identify 98% of short-term rental addresses and receive over 90% of their short-term rental compliance rates. Our system is fast, intuitive, and user friendly for both governments and business users. Additionally, our STR Solution provides governments with powerful one -click reporting tools, allowing Cape Canaveral, FL to analyze the financial trends and patterns of your short-term rental market and transient occupancy tax revenue. This interpretable data will help the Cape Canaveral, FL shape future short term industry policies. —G Identify Rentals i Identify ad listings on 30+ major STR platforms De -duplicate and compile listings into database 2 Reverse Human Geocoding Element 3 „0„ Establish general vicinity of Analysts research to STR properties confirm exact address of each STR Determine approximate address Investigate weekly into every new STR ad compliance Notify owners of the steps Notifications to take to come into Branded to align with jurisdiction's other correspondence Key Features & Functionality • Rental Advertisement / Property Identification Database • Non -compliant Property Report • Property Owner Notifications & Targeted Outreach • Registration of properties for owners in convenient portal • Easy remittance of tax payments to you Solution Highlightf Fully automated solution accurately matching 98% of short-term rental ads to properties Data refresh occurs twice a week ensuring actionable and up to date listings Ability to develop fully customizable compliance statuses for Cape Canaveral, FL Fully customizable Notification templates and instructions for owners Cape Canaveral, FL GovOS Short -Term Rental Solution Implementation Overview Every implementation is different, and each workflow has specific needs. GovOS will begin the implementation by defining goals and understanding what success will look like for your team. Our team will review what configuration options are available and tailor your forms and workflows accordingly. Here is an example of the general implementation effort for a complete STR solution. Your specific solution will be adapted to the products and features purchased. (12 Weeks) Planning: (4 weeks) • Project Kick-off & Planning Meeting • Parcel, License, Taxpayer Data sent to GovOS • Confirm Custom Hotline Script • Review of License Workflow Content • Confirm Payment Gateway • Confirm Tax Form Calculation • Review of Historical Transaction Data Phase 1 Phase 2 Configuration (4-6 weeks) Load Parcel, License, & Taxpayer Data Complete Initial Advertisement Census Set Up the Hotline Script & Train Agents Build License Workflow Complete Payment Gateway Integration Create Tax Form Load Historical Transaction Data User Acceptance Testing (UAT) (4 weeks) • Approve License Workflow Validate Historical Transaction Data Approve Hotline Confirm Test Payment Hit Bank Account • Approve License Workflow Approve Tax Form Logic Validate Historical Transaction Data User Acceptance Testing Meetings Phase 3 Phase 4 Training & Go -Live (2 weeks) Training Interim Transaction Data Current Account Balances Open Tax Forms/Liabilities One of the benefits of working with GovOS is that we make every effort to take the heavy lifting away from your staff and onto the GovOS implementation team. The GovOS Services Team will be with you every step of the way to iterate on your processes, train your team, and launch the STR Solution. GovOS'sexperience implementing our system will help ensure a smooth setup and launch. Cape Canaveral, FL All Available Modules r l0l Short -Term Rental Discovery • The GovOS STR system will discover all available Cape Canaveral, FL short-term rental ad listings posted on all 30+ sites. Short Term Rental Identification • GovOS STR will maintain a Cape Canaveral, FL ad listing and property database in our system of all relevant ad and property data that is discovered. • All aspects of the system and the database are accessible online by Cape Canaveral, FL staff with unlimited licenses. Ad Listing Um o rr °cpei ty econciliatiu. • The system and our expert review team will analyze all Cape Canaveral, FL ad listings, which are not in the Cape Canaveral, FL existing database, connect the ad listings to property record data, and determine compliance & registration status. • Weekly PDF evidence capture is conducted on non -compliant listings. Data Reporting • The GovOS Short -Term Rental system has extensive reporting and filtering functionality to provide Cape Canaveral, FL users with readily available short-term rental owner/manager contact data and compliance status. • Cape Canaveral, FL staff can access the compliance data via our online system can generate weekly reports for the code compliance staff. Notifications • Simple integrated notification system with complete data integration via "smart fields" • The notification module enables Cape Canaveral, FL to easily create batch notifications US -Based Complaint Hotline • 24/7 bilingual complaint hotline and online complaint reporting form • Centralized online complaint database with dashboard for Code Enforcement & Compliance Online Registration Systems • Online property owner/manager task portal for new and renewal licensing • Licensing process: online forms and uploads with user prompts • Automated reminder notifications and easily customizable notification templates • Custom application approval and interdepartmental collaboration • Custom tax forms with auto calculation fields and penalty & interest • All reporting and registration data can be exported anytime in CSV format Cape Canaveral, FL Payment Integration • Integration with a GovOS partnered payment gateway Cape Canaveral, FL 6 GovOS Short -Term Rental Solution Comprehensive Support for All Users Everyone who interacts with the GovOS STR Solution has access to our best -in -class support services should they encounter an issue or need further instruction on how to use the system. Support for You & Your Agency As part of your subscription, you will have access to application support resources within GovOS. Resources include: Assigned Account Manager Business Support Team I Available by email and phone 6am - 6pm (MT) Monday - Friday Personalized FAQ section in the License/Tax Portal developed for your constituents What's Included Support is defined as any questions surrounding how to use a feature within the platform, as well as troubleshooting any issues or bugs. Details about training, troubleshooting, solution creation for achieving end -to -end goals, modifying the overall workflow of your solution, and high-level accomplishment needs are addressed in the Maintenance, Updates, and Training Features section on the following page. Business User Support Businesses that access the STR Solution for registration, tax filing, or other end -user functions are referred to as "Business Users." These users are typically either the property owner or the property management company. Business Users are supported by a dedicated U.S.-based team whose goal is to assist Business Users in utilizing the STR platform. Our team will help guide Business Users through the process of registration, paying taxes, and assist them if they encounter any issues along the way. -�� Y 24/7 Complaint Hotline If you choose to include our 24/7 Bilingual STR Complaint Hotline in your proposed solution, our live operators will be waiting to take calls from your community members and route them appropriately. No more low -priority calls to 911 or law enforcement; instead, agents collect information efficiently to inform property owners so they can respond accordingly. Please note that we will handle all support types to the extent possible, but it is your agency's responsibility to explain and enforce ordinance requirements to your Business Users and community. Cape Canaveral, FL v GovOS Short -Term Rental Solution Maintenance, Modifications, and Training Features As part of your agreement with GovOS, you have access to the GovOS Professional Services Team to perform Maintenance, Modifications, and Training. Maintenance & Modifications* include, but are not limited to: • Modifying Business Center Messages, Frequently Asked Questions and NotificationTemplates. • Adding or removing admin users from platform. • Quarterly Parcel Data Updates to maintain accurate owner information. • Feature enhancements released to all clients. • Ongoing Review of Short -Term Rental Compliance Activity and help bringing non- compliant properties into compliance. Training options include, but are not limited to: • Onsite or virtual training sessions to get your staff fully comfortable with administering the Application (Travel Expenses to be billed as incurred). • Solutioning Sessions to help with System Technical Questions. This will help you to overcome questions such as "how do I handle this scenario?". Modifications may come out of these meetings. • Assistance with Procedural Questions. • Creation of training material and collateral to give your team takeaway guides. *Requests for Custom modifications may incur an additional cost. Cape Canaveral, FL 8 GovOS Short -Term Rental Solution Project Pricing The solution is a package of the below service applications. Cape Canaveral, FL - Short -Term Rental Price Quote Products STR Addon - SSO Single Sign -On with Active Directory using a SAML connection STR Compliance Ongoing compliance identification and monitoring for short term rental properties. STR Hotline Jngoing support of the 24/7 bilingual short term rental complaint hotline, hotline script & online complaint form. STR Identification Ongoing monitoring of new short term rental listings and properties, and an unlimited number of notification templates for compliance outreach. STR Max Web based training for jurisdiction staff (up to 6 hours). Unlimited, ongoing web and phone support are provided to all administrative staff and short term rental operators as part of monthly hosting and support. Unlimited user logins for admins and operators. Software hosting and license fees. Service and IT infrastructure, including 24/7/365 maintenance and support. Daily backups managed by our expert IT team. Enhancements released to all equivalent GovOS versions. Cape Canaveral, FL 9 GovOS Short -Term Rental Solution STR Registration Automated renewals. Automated registration task reminders to business owners and/or operators. Access to the admin functionality in the system, including but not limited to reports, reconciliation, notifications, approvals, cashiering, etc. STR Tax Automated tax form reminders to business owners and/or operators. Automated assigned tax forms. Online tax form with automatic tax and late fee calculations. Annual Recurring Subscription Fee: $34000 Cape Canaveral, FL 10 GovOS Short -Term Rental Solution Customer Acceptance Contact Information Organization Name Street Address City, State, Zip Primary Contact Name Primary Contact Email Billing Details Billing Details Billing Contact Name Billing Contact Email Billing Contact Phone Invoice Delivery Method I I Email/Electronic (default) ❑ Mail Preferred Payment Method ❑ Check ❑ Credit Card ❑ ACH • Without a signed Agreement, pricing is good until 2023-09-04. • Subscription Start Date will be the date you sign the Agreement • Subscription fees are pre -paid annually • Invoice Date is the Subscription Start or Renewal Date. All invoices are due Net forty five (45) days of the Invoice Date. • This Agreement will automatically renew for additional one-year terms (each a "Renewal Term") unless either you or we notify the other of an intent not to renew at least thirty (30) days prior to the expiration of the then current term. • Pricing for Renewal Terms will include a ten percent (10%) increase from the prior term. • All standard Terms of Use can be found at https://govos.com/business-licensing-and-tax/terms-of-use/ and are hereby incorporated into this order. Cape Canaveral, FL Customer Acceptance Customer Signature Signature of Authorized Representative GovOS Signature Signature of Authorized GovOS Representative GovOS Short -Term Rental Solution Title Date Title Date Cape Canaveral, FL 12 Attachment 3 4CP Stacey Kurtz SE Director of Sales 407-342-5029 stacey@deckard.com JUNE 28, 2023 PRICE PROPOSAL for the City of Cape Canaveral, FL SHORT-TERM RENTAL ("STR") INVENTORY, COMPLIANCE & ANALYTIC SERVICES presented by � Rentalscape engineered by DECKARD TECHNOLOGIES CONTENTS Executive Summary 3 References 5 Proposed Products 6 Implementation & Training 10 Pricing Proposal 1 1 Optional products 1 3 Rentalscape EXECUTIVE SUMMARY Rentalscape Short Term Rental ID & Monitoring Platform Deckard Technologies utilizes data science expertise to assist local governments with managing their compliance activity and enforcement, such as short-term rental (STR) properties. Our technology ensures that everyone is held accountable to play by the same set of rules, follow all guidelines and ordinances, and pay their fair share of fees and taxes. To accurately track activity within the City of Cape Canaveral, the Rentalscape platform identifies the exact address of the STR listings within the City limits, enabling accurate display of STR activity within the City and within community districts. Rentalscape groups listings and calculates statistics on a per -property basis. By mapping the exact location of properties, Rentalscape avoids double -counting activity. Knowing the exact location of STR properties enables compliance, enforcement, tax collection and complaint management activities. About Rentalscape 23534 sayview Ln, Gelve#an TX 77554 Possible Volatians 40) wetound no violations forenis property SITES """i MONITORED in Lati,g-ID 1,9746 nm1 Connally Burroughs eeeream ao.rnmee slate „ry..o4r441t4, Mane Full llnn Lxauon t4 7oL9-a9-x7 Bay Nhrtor Property... 41707 WAN WA to AVERAGE DAILY RATE 11.416,Adirilres SISK SIM ill. Aggregate ..mhes e OU.ESTCHECKIN.S UK Sign'>l Ate. st a�:;i qs S1x44 5e tom „a..° aK .&eat:La �SLENGTH OF STA`: PAID Boonne" iat OCCUPANCY26% 142 en.a 12 1A0solparoEy . .:,.a Deckard's Dashboard management platform for STR will discover, identify, and efficiently present all STR activity in the City of Cape Canaveral, using unique technical capabilities such as its proprietary future booking detection software, automatic non- compliance recognition, industry -best address identification. Rentalscape is the only platform that shows upcoming rentals and bookings as they occur within 24 hours of the reservation being made. This allows Rentalscape users to reach out to owners and hosts who are unlawfully renting and address any issues relating to these future rentals long before guests arrive, thereby eliminating disturbances, neighbor complaints and other common issues that often arise from illegal rentals. FIGURE 1: Rentalscape Property card Rentalscape Rentalscape maintains a database of every booking and stay made on all major platforms. Our system contains information dating back to late 2019 for every STR in the City of Cape Canaveral. All data can be viewed °. interactively on the Rentalscape portal with unlimited user access and downloaded on demand in Microsoft Excel format. Rentalscape dashboard map view shows the exact location of all STR activity, includes districts as defined by the City and displays individual property information and aggregate statistics on a per district basis. Rentalscape presents detailed STR activities including the precise address, owner information, booking history, availability and more. For each individual booking, the platform provides the actual date the reservation was made as well as the start and end date of each booking, ensuring that the City is able to distinguish back-to-back bookings. These insights are not possible to achieve by simply viewing the listings itself. In Summary La iluinla a I gmy FIGURE 2: Rentalscape Map In every jurisdiction in which we are providing service we have increased compliance and improved tax collection. Our process starts with producing the cleanest data possible — ensuring reporting is accurate and compliance levels are carefully monitored. We have in-house property appraisers and STR property managers. We also regularly consult with City staff to ensure we are always up to date with the latest STR best practices. Our systems come with unlimited user access and unlimited end -user training. Our customers give testimonials regarding the ease of use of our systems and vastly superior level of customer service when compared to other providers in the market. i Rentalscape REFERENCES We believe that continuous innovation is required to face the challenges of today and of tomorrow. We are proud of our achievements and solutions that enable cities and counties to manage short-term rental activities and to ensure local rules and ordinances are enforced for the betterment of local residents. The following References are examples of successful partnerships between Deckard Technologies and its clients. REFERENCES • Village of Islamorada, FL Carlotta de la Sierra, SR. CODE COMPLIANCE OFFICER carlota.delasierra@islamorada.fl.us 305-664-6435 Rentalscape • Town of Mount Pleasant, SC Jane Yager-Baumrind, PLANNING & DEVELOPMENT jyager-baumrind@tompsc.com 843-884-1229 Rentalscape, STR Registration Portal • City of Asheville, NC Shannon Morgan, CODE ENFORCEMENT smorgan@ashevillenc.gov 828-259-5829 Rentalscape Rentalscape PROPOSED PRODUCTS THE RENTALSCAPE PORTAL The Rentalscape portal is a cloud -based system for City staff to track STR properties, monitor STR activity, manage STR permits and record information about properties. The data in the system is constantly being updated as new properties are discovered and address identified, as new permit applications are made and as permits are expired or revoked. The Rentalscape portal displays information on all STR listings found within the City going back at least 12 months. We use US Census data to identify City limits and any parcels or listings within the limits are monitored. Rentalscape also tracks properties outside the City until they are accurately identified. On occasion, the STR listing estimated location for a property falls outside the City, but the actual location of the property once address identified is inside the City. Rentalscape displays: 1. Any permitted STR property 2. Any property with a currently live STR listing 3. Any property with historic STR listings 4. Any property with a future or past STR booking (even if the property currently does not have a live listing) Rentalscape includes the ability to filter the properties displayed (e.g., only permitted properties, or only properties in a specific HOA), and to download all results. All data displayed is available for direct download from Rentalscape. Information shown in Rentalscape for each property includes: Property Characteristics 1. Property address 2. Owner name and mailing address 3. Ownership type (primary residence, secondary/investment property) 4. Property type 5. Number of bedrooms and bathroom at the property, per public records data 6. A map showing the property's location 7. Maximum occupancy per the City of Cape Canaveral ordinance Rentalscape Listing Characteristics 8. Listing URL for each listing associated with each specific property 9. Listing ad ID for each listing associated with each specific property 10. Rental calendar showing current month's activity as well as past twelve months and upcoming three months booking activity (calendars update daily) 11. Rentalscape clearly and easily differentiates between regular bookings and host -blocked dates that are not revenue -generating 12. Host name (when available) 13. Stay limitations (minimum/maximum) 14. Permit/license number if included in the listing 15. Daily Rental rate at time of booking 16. Rental frequency 17. Individual links to all active listing for the property 1 8. PDF copy of each listing, as well as a history of all previous versions of the listing, to identify any possible changes, as well as keep a record in case the listing is taken down by the host. Each image has a date -stamp showing when it was created and is kept indefinitely. 19. Rental type (Whole home, shared home) 20. Bedrooms and bathrooms advertised 21. Maximum occupancy, per listing Estimated Sales Tax Based on Rental Activity 22. Occupancy rate 23. Estimated rental income 24. Estimated tax Rentalscape is configured to match the City's ordinance and is capable of flagging violations following the City's exact rules, including but not limited to permit registration and occupancy advertised versus permitted occupancy. Rentalscape looks for bookings less than 30 days when flagging STRs. When bookings longer than 30 days are created, these are correctly categorized as long-term rentals and do not cause a property to be treated as an STR. Rentalscape actively monitors permit status and STR listings daily, flagging violations as they occur. We have encountered situations where other providers have flagged properties as "no longer listed" or "only performing long-term rentals", that later re -list or take a short-term booking, and are subsequently missed by these other vendors as violating the City ordinance. Rentalscape continuously monitors every listing every day including bookings up to a year in advance. As soon as an unpermitted booking is taken, Rentalscape sets a violation. Rentalscape Rentalscape includes a Dashboard that provides an overview of all STR activity in the City. This Dashboard includes aggregated revenue, bookings, and property data, and highlights top -earning hosts and owners as seen below. Please note that some charts will not be activated until we go live in the City of Cape Canaveral. 9a 409 27% Most Active Owners Condos In Cocoa Beach Rental... 9 518127 9455 8632 Quebee Inc 9 610.548 WeBins, Andrew 0 $8900 Mc Millen, Brendan W 0 $6,174 Ivy lnvesNrents Lir o 31.915 Host Revenue 510,478,950 .p Rental Soy tp 24% Q 19% fl 4 10479.950 Top Online Ptatlorms Airtnti Otters F6pkey ypI m 3'0Q Average ONIv Bate $183 as Slntine PUtlrnms. 396© 2190 170 20r Mot Type Most Active Hosts Ficom Residential Type ■ Vmnury ■ semnoarynnrestment • unemwn P enlatStrustpre ■ wp ■loon Smarm ■ Mwmm ly • weer ■ Onetime STR Propertles 4090 131,ro,crtics Mc,. Transient Occupancy Tao 51.047,894 . Ls tot..tec 8 Stay In Cocoa leach o $1,320330 6 sre a $1Z1.446 411 Melanie 9 5193675 Lauren olane 6 $160,630 U Alexander o 5160.537 Booking Activities 2796 -e Unit Type 0% 100% I I I FIGURE 3: Rentalscape the City of Cape Canaveral Dashboard Example Rentalscape 9 copewnhbsgebway cam gaffe,-more corn morcohreuryvocatonrentol corn mhnsorg smeluh1507com www airbsd corn glIP <apuceupMebe«h.cmm gazewm5onecom ma.use px5cm rvbeachbvnl.cnm svrfenglmtiebe0chireuse.cmm www.aNMndavi-0es.eom <opbi,sssooslkeywe:f_com gevocofiancam rscluh6.0S cam sambrrg mfircwcoh.nreniolscam smRntmAeco nouowcondoscom oapivmatiticdes.cam gkpvacodkn scam makMd0<Mrencaidard.cam wNypead<sb.mm surRMurhebsachhvvw.com w riapamdse.cam <arpers<rib.cam gbhall vacotiomeMalxcom ma#MdukhaveNaeishndcom wrxiuory-renials.rom smiarda.cam waqua-gvlteom wcdwnwm ghhev0cof'enMmes.cam mhmbe,ilpgshpmes<em wrdbarv0ca5an<am weelmcefi0maem ww.hmeicalhacJR.<am cow whecom gbcolv;-0oscam menneidJ ovencam widhyme 30.cam sweetivamti.nhomecam www 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Upon Contract signing, Deckard will assign the City of Cape Canaveral a Dedicated Account Manager, who will work with the City to develop "best practices" based on Deckard's experiences with other clients. The account manager will ensure that the implementation process proceeds smoothly and will be the main point of contact for any questions, suggestions, training, or concerns. The account manager will also participate in periodic calls with City staff as requested. And since Rentalscape is Cloud Based, no hardware or software is installed! Most jurisdictions have been up and running with Rentalscape within a couple weeks with Address Identification complete within 4 weeks of receipt of the permit and listing data. Sample Timeline ()111 r Onboarding & Training Program Kickoff Initial Address At client's convenience 0 At client's convenience and receipt of Permit & Identification Complete within 1-2 weeks of Listing Data (typically Average 2-4 weeks after Contract Signing contract signing 1-2 weeks kickoff) Rentalscape Onboarding 07.01.2023 07.08.2023 0715.2023 0 07.22.2023 b o b FIGURE 4: Sample Timeline for Rentalscape Client Handoff 08.01.2023 i Rentalscape PRICING PROPOSAL Currently, Rentalscape is showing close to 1022 live STR listings in the City of Cape Canaveral. Based on the number of live STR listings, we estimate there are 224+ short-term rental properties in the City, advertised on one or more platforms. While other providers charge a recurring identification fee annually, Deckard Technologies only charges an identification fee once when the property is initially identified. In addition, we only charge fees on a per property, not per listing, basis. Since a single property can have multiple listings, we feel it is unfair to charge fees based on listing count. Finally, we do not charge one fee for compliance monitoring and another for rental activity monitoring as, in our view, these are the same service. VRBO ONE rental property advertized across FLIPKEY TRIP ADVISOR AIRBNB kine TRAVELOCITY TAHOE GETAWAYS NINE BOOK I NG.NE1 listing websites vtArBruir FIND RENTALS EXPEDIA Rentalscape 12 PROPERTY IDENTIFICATION PRICE • Estimated 224 new properties at$10 per property per year $2240 • Identify property address ($10/property/year) • Identify property owner address MONITORING & REPORTING • Estimated 475 properties at$25 per property per year $1 1 875 • 10,000+Websites monitored Daily, worldwide ($25/property/year) • Daily Monitoring of all Calendar Activity • Real-time Reporting of all New Listings • FutureCastlM- Identify future bookings as they are made on the rental platform • Automatic identification of violations OUTREACH CAMPAIGN • Letter campaign to inform STR owners/hosts about tax requirements and procedures $5000 ADD • All letter templates will receive City approval pre-campaign (OPTIONAL) • Campaign includes one Introductory letter and two additional escalation letters STR REGISTRATION PORTAL • Online, intuitive portal for registration and renewal $5000 ADD • Fields customizable to meet City needs (OPTIONAL) • Pursue delinquent payments from hosts • Provide daily reports on new and modified permits COMPLAINT 24/ 7 HOTLINE & ONLINE FORM • 24/7 US based bi-lingual Call Center with live agents—Classic (see Pg 13 for Detail $5000 ADD Information) (OPTIONAL) • Online complaint form (Complaint Form only$2,000) ADD CONSTITUENT PORTAL • Public facing portal (Link placed on Jurisdiction's website) $5000 • Permit Data and Responsible Party contact info for STR Property(Standard) (OPTIONAL) REPORTING & ANALYSIS • On Demand, Dynamic reporting, offering multiple ad hoc reports INCLUDED • Filters allowing users to focus on specific segments of the STR population DEDICATED ACCOUNT MANAGER • Single Point of Contact for City staff for all matters INCLUDED • Ensures the City is following Industry best practices • Shepherds the implementation process from start to finish • Periodic meetings/calls throughout the life of the account UNLIMITED ACCOUNTS & TRAINING SESSIONS • No limit on the number of Rentalscape user accounts INCLUDED • No per-session training costs TOTAL YEAR ONE $ 1 4 1 15 $31,115 NOTE — Pricing valid for 90 days NOTE 2— Co-operative contracts available.Additional Information available upon request. Rentalscape 13 OPTIONAL PRODUCTS STR Registration and Renewal Portal is a configurable system that is customized for each client branding, custom fields such as occupancy rules specific to the City (e.g., occupancy limits, bedroom counts), collection of documents as required for the STR registration process, STR registration approval portal, configurable STR permit pricing and expiration, collection of any STR permit fees, regular reporting, allows for renewals and updates. 24/7 Complaint Line & Online Form is available for fielding complaints raised by the public related to short-term rentals. The Complaint Line is a 24/7 Live US based Call Taker environment. The Call Taker collects the appropriate information (ie address, property owner, type of incident, date of incident, etc) and contacts the designated City contact. Hotline services are offered at 3 different levels: Basic - Standard call flow. Information is taken and forwarded to the City. Calls are referred to the appropriate staff without follow up required. Classic - Call Center will contact the local contact when information is available (permitted properties), notify them of the complaint then forward the information to the local City contact. Premier - Premium call flow. Dispatcher will attempt to get a complaint resolution. The local contact can be contacted up to 3 times before referring caller out to appropriate staff. Rentalscape Online Complaint Form is also available. Neighbors can report and provide evidence for non -emergency concerns. The Complaint Form is customized with your logo. All complaints are logged and reported to the appropriate staff/department. Tax Payment Portal can be utilized to collect taxes from STR operators on a monthly, quarterly, or yearly basis. The Rentalscape Tax Payment system collects information regarding the number of nights available for booking, and the number of nights booked. The system is customized for each jurisdiction and includes automatic calculation of tax due based on the City's tax rate, automatic calculation of late fees and penalties, and the ability to apply leniency on a per - property basis for late fees should it be required. The Rentalscape Tax Payment system utilizes Stripe payment processing that allows for payment by credit card or by ACH payments. Payments are directly remitted to the City. The system generates nightly reports that are delivered to the City, allowing for easy reconciliation of transactions. This system reduces the manual work required when processing paper forms. Letter Campaign for STR Hosts - Rentalscape will create and send letters to all Identified STR hosts/owners explaining the City's STR ordinances, requirements and process. The letter templates will be approved by the City staff prior to beginning the mailings. Rentalscape's targeted letter campaign, timed to generate best results, have shown great efficacy in cutting the number of unregistered hosts by over 50% within the first six months of a new client engagement. STR Constituent Portal — The Constituent Portal is an interactive public online map for publication of all registered short- term rentals within the City. The exact information on the map can be configured to meet the City's needs and includes information such as the property owner and emergency contact information. The portal is branded with the City's information and can include links to systems such as the short-term rental registration system. GRAN ICUS Attachment 4 408 St. Peter St, Suite 600 THIS IS NOT AN INVOICE St. Paul, MN 55102 Granicus Proposal for Cape Canaveral, FL ORDER DETAILS Prepared By: Bruce McCaskill Phone: 843-580-3609 Email: bruce.mccaskill@granicus.com Order #: Q-290926 Prepared On: 13 Jul 2023 Expires On: 26 Aug 2023 ORDER TERMS Currency: Payment Terms: Order Form Prepared for Cape Canaveral, FL USD Net 30 (Payments for subscriptions are due at the beginning of the period of performance.) Period of Performance: The term of the Agreement will commence on the date this document is signed and will continue for 12 months. Order #: Q-290926 Prepared: 13 Jul 2023 Page 1 of 8 G GRAN ICUS Order Form Cape Canaveral, FL PRICING SUMMARY The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal. One-Time Fees T Solution Billing Quantity/Unit One-Time Fee Frequency Build Credits Up Front 1 Each $4,500.00 Address Identification -Setup and Configuration Up Front 1 Each $0.00 Address Identification - Online Training Up Front 1 Each $0.00 24/7 Hotline-Setup and Configuration Up Front 1 Each $0.00 24/7 Hotline- Online Training Up Front 1 Each $0.00 Compliance Monitoring -Setup and Configuration Up Front 1 Each $0.00 Compliance Monitoring - Online Training Up Front 1 Each $0.00 Mobile Permitting & Registration -Setup and Configuration Up Front 1 Each $0.00 Mobile Permitting & Registration - Online Training Up Front 1 Each $0.00 SUBTOTAL: $4,500.00 New Subscription Fees Solution Billing Quantity/Unit Annual Fee Frequency Address Identification Annual 1 Each $16,264.84 24/7 Hotline Annual 1 Each $6,619.41 Compliance Monitoring Annual 1 Each $8,584.22 Enhanced Short-Term Rental Registration Portal Annual 1 Each $6,325.21 Mobile Permitting & Registration Annual 1 Each $0.00 SUBTOTAL: $37,793.68 Order #: Q-290926 Prepared: 13 Jul 2023 Page 2 of 8 G GRANICUS Order Form Cape Canaveral, FL Order #: Q-290926 Prepared: 13 Jul 2023 Page 3 of 8 G GRAN ICUS Order Form Cape Canaveral, FL PRODUCT DESCRIPTIONS Solution Description Address Identification Ongoing monitoring of 60+Short Term Rental websites including major platforms Airbnb, VRBO, HomeAway, Booking.com, FlipKey, & Expedia. Our machine learning will deduplicate all known Listings into unique Rental Units, where our identification team will provide owner contact information for further enforcement. This product includes:- Ongoing monitoring of all listings in your jurisdiction - Updating listing activity and details every 3-5 days -Screenshot activity of every listing - Deduplication of listings into unique Rental Units -Activity dashboard and map to monitor trends and breakdown of compliance 24/7 Hotline 24/7 web and phone hotline for your community to report short term rental complaints such as parking, trash, noise disturbances, and illegal short term rentals. This product include:- Mobile-enabled online web form for citizens to submit tips or complaints (text, videos, and photos) -24/7 call center for citizens to contact and report complaints verbally - Recordings for all call center complaints - Email notifications to your team when complaints are logged -Automatic outbound IVR calls and SMS messages to permit emergency contacts notifying them of the complaint -SMS support for emergency contacts to mark a complaint as acknowledged or resolved with the ability to send resolution notes - Hotline Dashboard for tracking complaint volumes, trends, and categories -Ability to upload Notes/Comments to each complaint Compliance Monitoring Compliance monitoring provides up-to-date information for each identified Rental Unit and its compliance status. We configure your compliance definition specific to your jurisdiction rules and ordinances in order to provide up-to-date compliance status of each identified Rental Unit. Additionally, this product will:-Allow your team to send letters to non- compliant properties 24/7 -Configure letter templates with your branding and letterhead -Add as many letter sequences as you need for escalation -Monitor properties that become compliant after letter enforcement Order #: Q-290926 Prepared: 13 Jul 2023 Page 4 of 8 G GRAN ICUS Order Form Cape Canaveral, FL Solution Description Enhanced Short-Term Rental Mobile-enabled online portal and back-end systems for Registration Portal streamlining the registration/licensing/permitting of individual short-term rental hosts. These registration forms and workflows include: • Host Login and Dashboard • Parcel Number lookup and validation • ACH, Debit, and Credit Payments exclusively powered by Stripe.com • Registration Number & Certificate creation • Document Upload • Renewals • Email confirmation • Admin workflow management for approval & denial Build Credits Build Credits provide for the requirements mapping, design, development, configuration and quality assurance of the custom digitization of services.Each requested service will require scoping.Granicus will determine the number of Build Credits required to complete a requested service.Build Credits utilized will be deducted from the total credits purchased once the statement of work is approved and executed by the Client.Note: Build Credits are available to be redeemed from the date of document signature and must be utilized within twelve (12) months. Unredeemed Build Credits will not rollover into additional subscription terms. Address Identification -Setup Setup and configuration of the platform to facilitate the systematic and Configuration identification of the addresses and owner's contact information for short- term rentals located in a specific local government's jurisdiction. Note: The implementation timeline for Client is dependent on Granicus' receipt of all data from Client required to complete the services, including assessor data and registration files, in the format agreed upon by the parties prior to project kick-off. Any fees associated with the collection or receipt of required data will be borne by Client. Address Identification - Online Virtual training session with a Granicus professional services trainer. Training 24/7 Hotline-Setup and Setup and configuration of the online platform to enable neighbors to Configuration report, prove and get instant resolution to non-emergency short-term rental related problems. Order #: Q-290926 Prepared: 13 Jul 2023 Page 5 of 8 G GRAN ICUS Order Form Cape Canaveral, FL Solution Description 24/7 Hotline- Online Training Virtual training session with a Granicus professional services trainer. Compliance Monitoring -Setup Setup and configuration of the system to enable ongoing monitoring of a and Configuration specific jurisdiction's short-term rentals for compliance with the relevant registration/licensing/permitting requirements. Compliance Monitoring - Virtual training session with a Granicus professional services trainer. Online Training Mobile Permitting & Registration Mobile-enabled online forms and back-end systems for streamlining the registration/licensing/permitting of individual short-term rental hosts. These registration forms and workflows include:- Parcel Number lookup and validation - E-Signatures -ACH, Debit, and Credit Payments exclusively powered by Stripe.com - Registration Number & Certificate creation - Document Upload - Renewals - Email confirmation -Admin approval & denial Mobile Permitting & Registration Setup and configuration of mobile-enabled online forms and back-end -Setup and Configuration systems for streamlining the registration/licensing/permitting of individual short-term rental hosts and capturing and processing the associated signatures, payments and required documentation Mobile Permitting & Registration Virtual training session with a Granicus professional services trainer. - Online Training Order #: Q-290926 Prepared: 13 Jul 2023 Page 6 of 8 G GRANICUS Order Form Cape Canaveral, FL TERMS & CONDITIONS • This quote, and all products and services delivered hereunder are governed by the terms located at https://granicus.com/legal/licensing, including any product -specific terms included therein (the "License Agreement"). If your organization and Granicus has entered into a separate agreement or is utilizing a contract vehicle for this transaction, the terms of the License Agreement are incorporated into such separate agreement or contract vehicle by reference, with any directly conflicting terms and conditions being resolved in favor of the separate agreement or contract vehicle to the extent applicable. • If submitting a Purchase Order, please include the following language: The pricing, terms and conditions of quote Q-290926 dated 13 Jul 2023 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. • This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Cape Canaveral, FL to provide applicable exemption certificate(s). • Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription. Order #: Q-290926 Prepared: 13 Jul 2023 Page 7 of 8 G GRAN ICUS Order Form Cape Canaveral, FL BILLING INFORMATION Billing Contact: I Purchase Order [ ] - No Required? [ ] -Yes Billing Address: PO Number: If PO required Billing Email: Billing Phone: If submitting a Purchase Order, please include the following language: The pricing, terms, and conditions of quote Q-290926 dated 13 Jul 2023 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. AGREEMENT AND ACCEPTANCE By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms. Cape Canaveral, FL Signature: Name: Title: Date: Order #: Q-290926 Prepared: 13 Jul 2023 Page 8 of 8 Attachment 5 Scoring Spreadsheet Max points Granicus Deckard GovOS Orange Data* Munireg** Program can provide prosecutable data (calendar captures of rental periods, 15 10 15 10 5 0 customer reviews,etc.) Company provides complaint portal (online and call center) 10 10 10 10 10 0 Program allows owners to register properties online 10 10 10 10 10 0 Daily scraping of rental websites with bots 10 10 10 10 10 0 Company provides Foreclosure Registration Services via online portal for registration 10 10 10 10 10 0 and payment of applicable fees Daily scraping of rental websites with human oversight 7 3 5 3 2 0 Daily 7 pts./2x week 5 pts./1x week 3 pts. Program will not allow owner to move forward without submittal of minimum 7 7 7 7 0 0 property information (BTR info./acknowledgements,etc.) Property Dashboard to include comprehensive information (rental platform 7 7 7 7 0 0 link(s)/owner and/or contact information/mapped location/property photos,etc.) Florida experience with monitoring minimum rental periods 5 5 5 5 0 0 Exportable data/reports available in real time 5 5 5 5 0 0 Require City ordinance submittals Sec. 110-486(c) (interior&exterior site sketch/BPR 0 0 license/BCTC account verification/etc.) to complete registration 5 5 5 5 STR Public Portal 5 0 5 0 0 0 Automated outreach to property owners regarding registration and/or violations 1 0 1 0 0 0 Automated violation/complaint reports sent to City 1 1 1 1 1 0 Integration with BS&A? 1 0 0 0 1 0 Program allows for user customization as needed 1 1 1 1 0 0 Total 100 84 97 84 49 0 *Company is expanding into STR business and is currently writing its program to meet customer needs. **This is a lien search company expanding into STR business -currently no Florida experience and no STR customers CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 15, 2023 AGENDA ITEM SUMMARY • ITEM # 7 Subject: Approve Interlocal Agreement between Brevard County Board of County Commissioners, the City of Cape Canaveral and the Canaveral Port Authority regarding automatic aid for fire protection and rescue services and authorize City Manager to execute same. Department: Canaveral Fire Rescue Summary: The City of Cape Canaveral Volunteer Fire Department, Inc. (CCVFD), dba Canaveral Fire Rescue, provides automatic aid service to Brevard County and also receives automatic aid service from Brevard County through an Automatic Aid Interlocal Agreement (ILA) with Brevard County and the Canaveral Port Authority. The current ILA was approved in 2018 and will expire on September 30, 2023. The proposed renewal ILA was drafted by the Brevard County Board of County Commissioners (BOCC) and minor revisions were proposed by the Port Attorney and City Attorney. All revisions have been accepted by the County Attorney's Office and incorporated into the final version (Attached). Service areas are described in Section 3, which also include two service area appendices: 1. The unincorporated area immediately south of the city, and 2. A portion of State Road 528 located between Port Canaveral and Merritt Island. The ILA is scheduled to appear on the Port's agenda on August 23, 2023 and the BOCC Agenda on September 12, 2023. It is now incumbent upon City Council to approve the ILA and authorize the City Manager to execute the same. Submitting Department Director: Chief David Sargeant Attachment: Proposed Automatic Aid Interlocal Agreement Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Approve Interlocal Agreement between Brevard County Board of County Commissioners, the City of Cape Canaveral and the Canaveral Port Authority regarding automatic aid for fire protection and rescue services and authorize City Manager to execute same. Approved by City Manager: Todd Morley INTERLOCAL AGREEMENT BETWEEN BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS AND THE CITY OF CAPE CANAVERAL AND THE CANAVERAL PORT AUTHORITY REGARDING AUTOMATIC AID FOR FIRE PROTECTION AND RESCUE SERVICES THE INTERLOCAL AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this day of , 2023, by and between Brevard County Board of County Commissioners, a political subdivision of the State of Florida, (hereinafter referred to as the "County,") and the City of Cape Canaveral, a municipality incorporated under the laws of Florida (hereinafter referred to as the "City."), and the Canaveral Port Authority, a political subdivision of the State of Florida (hereinafter referred to as the "Port Authority"). RECITALS: WHEREAS, the parties desire to enter into this Agreement for the purposes of allowing the County, the City, and the Port Authority to share emergency resources and utilize closest unit response, so as to better protect the lives and property of their citizens; WHEREAS, the County, the City, and the Port Authority find that it is in their respective best interests, and that it is in the best interest of the public health, safety and welfare of their citizens, for the County, the City, and the Port Authority to share emergency resources; and WHEREAS, this Agreement is authorized pursuant to Sections 125.01 (1) (p) and 163.01, Florida Statutes, as an Interlocal Agreement. NOW, THEREFORE, in consideration of the premises and mutual promises contained herein, the parties hereto agree as follows: SECTION 1. TERM: This Agreement will commence and be effective upon its approval and execution by the elected governing bodies of both the County, the City, and the Port Authority and filing with the Clerk of the Circuit Court in and for Brevard County, Florida, and shall be effective for a period of three (3) years. After the initial three (3) year term, the Agreement shall automatically be extended for two (2) one (1) year periods, unless terminated or amended as described in Section 2. SECTION 2. TERMINATION/REVISION OF AGREEMENT: 2.1 This Agreement may be terminated by any of the parties, with or without cause, upon written notice of termination to the other party sixty (60) days prior to the date of such termination. 2.2 Any of the parties may request that this Agreement be amended. Such request must be placed in writing and address the reason for the amendment as well as provide proposed amended language. In order to be deemed effective, the amendment must be approved trilaterally by the County Manager or designee, the City, the Port Authority and filed with the Clerk of the Circuit Court in and for Brevard County, Florida. Page 1 of 9 SECTION 3. SERVICES PROVIDED: Except to the extent agreed herein, the County, the City, and the Port Authority agree that their respective fire rescue departments will provide primary emergency services within their own jurisdictions. 3.1 Statement of Reciprocity- The County, the City, and the Port Authority agree to share both unique and common emergency response resources for the purposes of expeditious and effective emergency services delivery to County, the City, and the Port Authority citizens alike. In that the services are provided in a mutually beneficial manner, there shall be no monetary payments to either the County, the City, and the Port Authority for services identified in this Agreement. 3.2 E911 Dispatch Services — The County hereby agrees to provide twenty-four (24) hour, seven days a week, E9 11 fire and first responder dispatch service to the City/Port Authority. Services include receiving emergency calls through the Countywide E911 system, processing the call (EMD or EFD), alerting, radio communication, monitoring units during both emergency and non -emergency operations, providing access to the Brevard County Fire Rescue (BCFR) computer aided dispatch (CAD) system and providing appropriate annual statistics and reports as requested by the City or Port Authority. The City and Port Authority will provide to the BCFR Dispatch Center predetermined unit response assignments for the 1 St, 2nd and 3rd alarm responses as well as all auto -aid agreements between other emergency service providers and the City/Port Authority. The City and Port Authority are responsible for any and all equipment and costs necessary to receive voice and data communications from the BCFR Dispatch Center. 3.3 Unincorporated Area Coverage — The City and Port Authority agree to provide fire protection and first responder emergency medical services to the unincorporated area identified in Appendix A. Emergency response to the unincorporated area (Appendix A) by the City and Port Authority shall be performed automatically. The County's dispatch center shall dispatch the City and Port Authority based on pre -defined response assignments. 3.4 Automatic Aid- To provide the highest level of protection possible within the Response Area defined herein, the County, the City, and the Port Authority hereby agree to provide Automatic Aid in a closest unit response mode for all emergency request for service including, but not limited to, first responder medical calls, fire calls, technical rescue calls, and hazardous materials calls. "Automatic Aid" means and refers to the automatic dispatch of, and response by, an emergency medical services unit and/or fire suppression unit to an emergency within an identified service area without the initiation of a mutual aid request. Automatic Aid shall be based on a mutually agreed upon (County, the City, and the Port Authority) predefined process that results in the immediate response of emergency personnel by the Responding Party to the scene of an emergency in the Receiving Party' s jurisdiction on behalf of, or along with, the Receiving Party, without regard to municipal City or unincorporated County boundaries. The process shall be Page 2 of 9 initiated through the BCFR Dispatch Center. "Receiving Party" shall mean and refer to the authority having jurisdiction of the subject emergency location within the Response Area that is receiving automatic aid pursuant to this Agreement. "Responding Party" shall mean and refer to the authority responding to the request for automatic aid pursuant to this Agreement. a) Automatic Aid Response Area- The geographical area, in which the County, the City, and the Port Authority agree to provide closest unit response automatic aid, is identified in Appendix B, incorporated herein by reference, which area shall be referred to as the Automatic Aid Response Area (or the "Response Area") and shall consist of the identified City municipal areas and County unincorporated areas. b) Predefined Unit Response Assignments — The County, the City, and the Port Authority shall mutually agree on predefined unit response assignments for responding to emergency events within the Response Area. Closest unit response will be the single most important consideration in the development of predefined unit response assignments. The term "closest unit" shall mean all closest units, including but not limited to, fire engine, pumper, rescue unit, ladder truck, tower, squad, battalion/supervisor unit, or other support vehicles, to the emergency at hand regardless of jurisdiction. Response by fire, rescue, and other support units will be the closest units of appropriate type to provide the response to the emergency incident, and will be dispatched in accordance with established fire and EMS protocols as mutually agreed upon by the fire chiefs of the County, the City, and the Port Authority, and as may be otherwise required by law. Communications procedures and protocols between the County, the City, and the Port Authority will be continually monitored and reviewed by the fire chiefs and dispatch center directors. Policy and/or operational procedures will be regularly updated in order to promote operational efficiencies. c) Officer in Charge — It is further agreed that the first arriving unit will establish incident command and manage the incident in accordance with established procedures until the earlier of mitigation of the incident, or upon scene control being transferred to an officer having authority within the jurisdiction where the incident occurred. The first arriving command officer, County, the City, and the Port Authority, will function as the incident commander. In the case where the first arriving command officer is not of the authority having jurisdiction for the area, incident command shall be transferred to the command officer of the authority having jurisdiction upon the arrival of such command officer. While providing automatic aid in the Response Area, the Responding Party's personnel shall be subject to the orders and directions of the officer in charge of the operations. d) Service Standard — The Responding Party and Receiving Party shall utilize National Fire Protection Standard 1500, as defined in Florida Statute Section 633.508, to ensure that the Incident Command System, the Personnel Accountability System and the 2 in/2 out standards are adhered to. Failure to comply with this service standard may be deemed to be a breach of this Agreement Page 3 of 9 and cause for immediate termination, notwithstanding the notice provision set forth in Section 2. The parties shall participate together in fireground company training on a quarterly basis. e) Communication and Notification of Non -response — Should either the County, the City, and the Port Authority be unable to respond and provide automatic aid in response to an emergency call within the Response Area, the declining party shall immediately notify the dispatch center of the authority having jurisdiction. f) Release of Responding Party — The Responding Party will be released from an automatic aid request by the Receiving Party as soon as is appropriate either based upon operational consideration or when the Receiving Party has adequate resources on scene to mitigate the emergency, as determined by the officer in charge of the scene. The authority having jurisdiction will be responsible for conducting any fire investigation. 3.3 Equipment Loaner Agreement — When either entity, County, the City, and the Port Authority, require the use of a loaner reserve suppression unit in order to maintain operations for their jurisdiction, and a reserve unit is available from the corresponding agency, all entities agree to allow such loaner vehicle to be used. The agency requesting the loaner vehicle will be held responsible for damages caused to the loaner unit while in their custody. Each agency retains the ability to deny the loaning of equipment if they choose not to do so. SECTION 4. NOTIFICATION: Any required notice to be provided by a party to this Agreement, other than an emergency call and dispatch, shall be delivered to the other parties' representatives at the following locations: David Sargeant, Fire Chief Canaveral Fire Rescue 190 Jackson Avenue Cape Canaveral, FL 32920 Chief Executive Officer Canaveral Port Authority 445 Challenger Road Suite 301 Cape Canaveral, FL 32920 Cape Canaveral City Manager City of Cape Canaveral 100 Polk Avenue Cape Canaveral, FL 32920 Patrick Voltaire, Fire Chief Brevard County Fire Rescue 1040 S. Florida Avenue Rockledge, FL 32955 Frank Abbate, County Manager Brevard County Manager's Office 2725 Judge Fran Jamieson Way Viera, FL 32940 Page 4 of 9 Any notice to be sent to the County, the City, and the Port Authority under the provisions of this Agreement shall be deemed to have been properly sent when personally delivered or mailed, postage prepaid, first class U.S. Mail, or by nationally recognized overnight courier to the last known address of the said County, the City, and the Port Authority, as the case may be, with appropriate copies as set forth above. A mailing is deemed received at the time of hand delivery or five (5) days after mailing. A party hereto may unilaterally change the person to whom a mailing is to be sent or the address of said person by giving notice to the other parties as provided for herein. SECTION 5. AUDITING, RECORDS AND INSPECTION: 5.1 In the performance of this Agreement, the County, the City, and the Port Authority shall keep books, records, and accounts of all activities, related to the Agreement, in compliance with generally accepted accounting procedures, as adopted by the Department of Financial Services, as set forth in Rule 691-61.0012, Florida Administrative Code, as amended or suspended from time to time, or the Auditor General. Books, records, and accounts related to the performance of this Agreement shall be open to inspection during regular business hours by an authorized representative of the office and shall be retained by the County, the City, and the Port Authority for a period of three (3) years after termination of this Agreement for accounting related records and for other public records, five (5) years after termination of this Agreement, unless otherwise required by law to be held for a longer period of time. All books, records, and accounts related to the performance of this Agreement shall be subject to the applicable provisions of Chapter 119, Florida Statutes and Section 401.30, Florida Statutes. 5.2 No reports, data, programs or other materials produced, in whole or in part for the benefit and use of the County, the City, and the Port Authority pursuant to this Agreement shall be subject to copyright protection in the United States or any other country. 5.3 The County, the City, and the Port Authority agree to comply promptly with any request for public records or documents made in accordance with Section 119.07, Florida Statues. 5.4 Upon a request for public records related to this Agreement, the County, the City, and the Port Authority, as the case may be, will inform promptly the other parties of the request and, upon request of either of the other party(s), provide electronic copies of the responsive public records provided, at no additional cost to the County, the City, and the Port Authority, as the case may be. As to County: CONTACT THE COUNTY'S CUSTODIAN OF PUBLIC RECORDS c/o MS. JANINE ERNST, JANINE.ERNST(a,BREVARDFL.GOV, 1040 SOUTH FLORIDA AVENUE, ROCKLEDGE, FLORIDA 32955. Page 5 of 9 As to City: CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS c/o CITY CLERK, CITYCLERK(a,CITYOFCAPECANVERAL.ORG, (321) 868- 1220 x207, 100 POLK AVENUE, CAPE CANAVERAL, FLORIDA 32920. As to Port Authority: CONTACT THE PORT AUTHORITY'S CUSTODIAN OF PUBLIC RECORDS c/o GEORGE KISTNER III, FCRM, CPE (321)783-7831, PUBLICRECORDS c[,PORTCANAVERAL.COM, 445 CHALLENGER ROAD SUITE 301, CAPE CANAVERAL, FLORIDA 32920. SECTION 6. JURISDICTION, VENUE AND CHOICE OF LAW: All questions pertaining to the validity and interpretations of this Agreement shall be determined in accordance with the laws of the State of Florida. Any legal action by either party against the other concerning this Agreement shall be filed in Brevard County, Florida, which shall be deemed proper jurisdiction and venue for the action, and any trial shall be nonjury. SECTION 7. ATTORNEY'S FEES AND COSTS: In the event of any litigation between the parties arising out of this Agreement, each party will bear its own attorney's fees and costs. SECTION 8. SEVERABILITY: If any section, paragraph, sentence, clause, phrase or word of this Agreement, is for any reason held by a court to be unconstitutional, inoperative, or void, such holding will not affect the remainder of this Agreement. The remainder of this Agreement shall be effective and shall remain in full force and effect, unless amended or modified by mutual consent of the parties. SECTION 9. INDEMNIFICATION/HOLD HARMLESS: The parties agree to hold harmless and indemnify each other subject to the provisions of this section and within the limitations of Section 768.28, Florida Statutes, as amended from time to time. To the extent allowed by Section 768.28, Florida Statutes, all employees and agents of any of the parities acting within the scope of this Agreement shall be entitled to sovereign immunity All parties agree to be liable to the activities of its respective trustees, officers, employees, and agents (collectively referred to as "personnel") to the extent permitted in Section 768.28(19), Florida Statutes, and up to but not exceeding the limits set forth in Section 768.28, Florida Statutes. CITY and Port Authority agree to hold harmless and indemnify COUNTY and its personnel from all claims, suits, judgments, reasonable attorney' s fees or damages, arising out of the their respective acts or omissions or their respective employees or agents in the performance of the services contemplated hereunder, subject to the sovereign immunity protections afforded to it under Florida law. COUNTY agrees to hold harmless and indemnify CITY and Port Authority and its personnel from all claims, suits, judgments, reasonable attorney' s fees or damages, arising out of the acts or omissions of COUNTY, or COUNTY's employees or agents, subject to the sovereign Page 6 of 9 immunity protections afforded to it under Florida law. Nothing in this section shall be construed to require any of the Parties to indemnify or insure the other Parties for any of the other parties' negligence or to assume any liability for any of the other parties or the negligence of its personnel. This section applies to any act or omission done in accordance with the terms of this Agreement regardless of which party' s jurisdiction said act or omission occurs. 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. The indemnifying Party shall have no obligation to indemnify the other Party under this Agreement for any amounts paid in settlement of any action, suit or proceeding without the indemnifying Party's prior written consent and nor shall the obligation to indemnify be assignable to any third party. Nothing herein shall constitute a waiver of each Party' s sovereign immunity. The Parties acknowledge specific consideration has been exchanged for this provision. This indemnification section shall survive the termination of this Agreement. SECTION 10. INDEPENDENT CONTRACTORS: The County, the City, and the Port Authority are each independent contractors of one another. It is specifically understood and agreed to by and between the parties hereto that a material provision in this Agreement is that the relationship between the County, the City, and the Port Authority is one in which each party and its employees are independent contractors of the other party, and not as agents, employees, joint ventures, or other partners and neither are entitled to any benefits of the other party. Nothing contained herein shall be construed to be inconsistent with this relationship or status. SECTION 11. LIABILITY FOR EMPLOYEES/AGENTS: Each jurisdiction shall bear responsibility for any injury or loss caused by its agents, representatives, officials, employees or volunteers (hereinafter "agents"). In no event shall either party' s liability for damages exceed the monetary limits, or the type of damages recoverable, under Section 768.28, Florida Statues, as that section may be amended from time to time. SECTION 12. ASSIGNMENTS: Neither the County, the City, and the Port Authority, its assigns or representatives, shall enter into any agreement with third parties to delegate any or all of the rights and responsibilities herein set forth without the prior written approval of the other parties' governing body. SECTION 13. ENTIRE AGREEMENT: This Agreement, including exhibits, appendices, riders, and/or addenda, if any, attached hereto, sets forth the entire Agreement between the parties. This Agreement shall not be modified except in writing and executed by all parties, except that the fire chiefs of the County, the City, and the Port Authority are authorized to mutually agree in writing to predefined unit response assignments as set forth in Section 3.4(b). Page 7 of 9 SECTION 14. INTERPRETATION: The County, the City, and the Port Authority have had the opportunity to consult with legal counsel and to participate in the drafting of this Agreement. Consequently, this Agreement shall not be more strictly or more harshly construed against any one party as the drafter hereof. SECTION 15. COUNTERPARTS AND AUTHORITY: This Agreement may be executed in counterparts all of which, taken together, shall constitute one and the same Agreement. Each party represents that the person signing on its behalf has been fully authorized by all required action to sign on behalf of and to bind that party to the obligations stated herein. [SIGNATURE PAGE FOLLOWS] Page 8 of 9 IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement on the respective dates of their duty authorized signatures affixed hereto. ATTEST: Rachel M. Sadoff, Clerk BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA By: Rita Pritchett, Chair As approved by the Board on: Reviewed for BCFR Content: Reviewed for Legal Form and Content: Scott M. Jurgensen, Deputy Fire Chief Becky Behl-Hill, Assistant County Attorney ATTEST: CITY OF CAPE CANAVERAL, FLORIDA Mia Goforth, City Clerk Todd Morley, City Manager ATTEST: CANAVERAL PORT AUTHORITY John Murray, Chief Executive Office Canaveral Port Authority Reviewed for Cape Canaveral Fire Dept Content: Reviewed for Legal Form and Content: Dave Sargeant, Fire Chief Page 9 of 9 GO GO A-PALMS-AV- LlJ NARrAV CANAVERAL ARTHUR-AV MC KINLEY AV ROOS EVE L-T-AV H • TAFT AV a J a-WIL-SON AV F AHARDIN I ij1 BARLOWijAV SOUTH-SHEPARD-DR COCOA BEACH CALIFORNIA-AV GRANT AV- II HAYES-AV- Major Roadways Local Street Access Roads 8%7.: City Boundary Automatic Aid Boundary Appendix A FDEP, Esri, HERE, Garmin, FAO, NOAA, USGS, EPA, Esri, USGS, Brevard County Fire Rescue, Nicholas.Cirivello.BCBOCC 2023 Coordinate System: NAD 1983 StatePlane Florida East FIPS 0901 Feet A 0 0.05 0.1 - Mi Feet 0 450 900 0 Fire Station _ Interstate or Limited Roadway Major Roadways Local Street Access Ramp City Boundary Q Automatic Aid Boundaries • • • COCOA BEACH E■MERRITT+ISL■AND•GW s_ _W'COCOA-BEACH_*AN • • 520j GEORGE J-KING-B es— Appendix B FDEP, Esri, HERE, Garmin, FAO, NOAA, USGS, EPA, Esri, USGS, Brevard County Fire Rescue, Nicholas.Cirivello.BCBOCC 2023 Coordinate System: NAD 1983 StatePlane Florida East FIPS 0901 Feet A 0 0.33 0.65 O=IMI 0 Feet 2,000 4,000 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 15, 2023 AGENDA ITEM SUMMARY • ITEM # 8 Subject: Consideration of a Modified Lot Split Plan Application and three associated variance requests to Chapter 98 — Subdivision requirements, for property owned by Michael and Collette DiChristopher (Applicant). Department: Community and Economic Development Short Summary of Applicants Request: The Applicant owns two tax parcels (Id. # 24-37-14-51- 9-21.01 and Id. # 24-37-14-51-9-21.02). The tax parcels are only a portion of the originally platted Lot 21, Block 9, Cape Canaveral Beach Gardens Unit No. 2. The two tax parcels have not been approved by the City as separate lots for development purposes. The Applicant initially requested a lot split seeking to have the two tax parcels in their current configuration recognized as separate developable lots. The initial request was denied by the City Council in accordance with Resolution No. 2022-32 (Attachment 1). However, so as not to deprive the Applicant of all property rights to develop the two tax parcels (aka the "Remainder of lot 21"), Resolution No. 2022-32 recognizes the Remainder of Lot 21, or Lot 21 as originally platted, as one developable lot for development permit purposes. This recognition is consistent with the City Council's original intention when it approved the Cape Canaveral Beach Gardens, Unit 2, Block 9 Plat in 1962, and in accordance with the current R-1 zoning district and other applicable codes. Following the adoption of Resolution No. 2022-32, the Applicant filed a Request for Relief (Attachment 2) under the Florida Land Use and Environmental Dispute Resolution Act claiming that Res. No. 2022-32 "unreasonably or unfairly burdens the use of the owner's real property." Under the Act, the Applicant and City were required to mediate the Applicant's claim before an appointed Special Magistrate in an attempt to seek a solution to the dispute. A Conditional Mediated Settlement Agreement ("hereinafter referred to as the "Settlement Agreement") was approved by the Applicant and City Council (Attachment 3). Under the Settlement Agreement the parties agreed that the Applicant could modify its lot split application to request consideration and approval of the Modified Lot Split Plan attached to the Settlement Agreement and three associated variances under Chapter 98 of the City Code. The proposed Modified Lot Split Plan request, if approved, would authorize the creation of two developable lots from the Remainder of Lot 21 for purposes of constructing a detached, single- family home (minimum 2,000 square feet) on each of the two proposed lots. Both lots will meet the minimum 7,500 square foot requirement for R-1 zoned property. The proposed single-family home on the proposed northern lot would be oriented towards Ridgewood Avenue, and the proposed single-family home on the proposed corner lot would be oriented towards E. Central Boulevard. If the proposed request is denied, City Council Resolution No. 2022-32 still provides that the two tax parcels will be recognized by the City as one developable lot in accordance with the R-1 zoning district and other applicable codes. However, the Special Magistrate will conduct a hearing to determine whether or not the City's actions "unreasonably or unfairly burdens the use of the owner's real property." If the Special Magistrate finds that such a burden exists, the Special Magistrate may also recommend to the City Council one or more alternatives that protect the public interest served by the City's development order or enforcement action and regulations at issue but allow for reduced restraints on the use of the Applicant's real property. The Applicant also has the right to file a civil action against the City if the request is denied. City of Cape Canaveral City Council Meeting • August 15, 2023 Agenda Item # 8_ Page 2 of 8 Background: On December 20, 2022, the City Council approved Resolution No. 2022-32 issuing a detailed Order Approving Mediated Settlement ("hereinafter referred to as the "Order") (Attachment 4) denying Applicant's application for a lot -split of a previously platted single-family lot; however, Council recognized that Applicant's two tax parcels, although only constituting a portion of the originally platted lot (Lot 21), be considered as one developable lot for development permit purposes. The subject property is located on the northwest corner of Ridgewood Avenue and E. Central Boulevard. The Applicant's original 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 were not recognized by the City as separate developable lots. Due to a previous unauthorized subdivision of land that occurred in circa 1984, the tax parcels together only constituted 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. On January 12, 2023, shortly after the adoption of Resolution No. 2022-32, the Applicant 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 (SM) proceeding required by the Act. The SM process can be invoked by a property owner who 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 SM is to facilitate a resolution of the conflict by mediation between the property 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 SM 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 SM would then issue a final written recommendation to the governing body. In furtherance of complying with the Act, the Applicant and the City agreed to the appointment of Attorney Paul Gougelman to serve as the SM. SM Gougelman has extensive local government experience. As required by the Act, the parties then conducted a mediation with SM Gougelman. During the mediation, a Settlement Agreement was reached subject to Council's approval at a duly noticed meeting. SM Gougelman also issued an Order approving the Settlement Agreement and recommended consideration of the same to Council. The Order further set forth a variety of deadlines and contingencies depending on the outcome of future decisions made by Council. The fully executed Settlement Agreement (Attachment 3) and Order (without the Settlement Agreement) (Attachment 4) are attached. At its April 18, 2023 Regular Meeting, the Council approved the Settlement Agreement related to the SM Proceeding in this matter (see Council Minutes - Attachment 5). The Settlement Agreement did not formally approve the proposed lot split and associated variances. Rather, the Settlement Agreement allows the Applicant 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. Essentially, the City of Cape Canaveral City Council Meeting • August 15, 2023 Agenda Item # 8_ Page 3 of 8 parties agreed that before a final decision is made on the Applicant's application, the Applicant will be allowed to modify the lot split application for the City's consideration. The Settlement Agreement stipulates that within 30 days from the date Council approved the Settlement Agreement (April 18, 2023), the Applicant shall submit a Modified Lot Split Plan, along with associated variance requests under Section 98 of Code, which contains the City's Subdivision regulations. The Agreement further stipulates that City approval of the modified lot split and variances must occur prior to September 29, 2023. If this does not happen, the City and Applicant will conduct a formal hearing on the matter before SM Gougelman on December 15, 2023. In compliance with the Settlement Agreement, the Applicant submitted a Modified Lot Split Plan application and three associated variances on May 16, 2023 (Attachment 6), for the sole purpose of seeking approval to construct one detached, single-family home on each of the two proposed lots. The proposed Modified Lot Split revises the previously submitted Lot Split Plan which was denied by the City Council by Resolution No. 2022-32, and requires the consideration of three variance requests under Sec. 98 - Subdivisions: 1. Sec. 98-107(b)(3) requires that corner lots have a width at least 15 percent larger than the width of interior lots along both adjacent streets. The proposed modified lot split plan proposes two lots oriented towards Ridgewood Avenue. The proposed northern lot has a width of 62.02', and the proposed southern lot has a width of 90.00 feet'. Under the proposed modified lot split plan, the proposed southern lot will be considered a corner lot, and the proposed northern lot will be considered an adjacent interior lot. The proposed corner lot has a width that is 31 percent greater than the proposed northern adjacent lot. Regarding the adjacent tax parcel to the west, the tax parcel to the west is oriented towards E. Central Boulevard, and according to the Brevard County Property Appraiser's website, the width of that tax parcel is 100'. However, the adjacent tax parcel has also not been approved by the City for development purposes (see Res. No. 2022-32). Nevertheless, to meet the 15 percent requirement, the proposed the proposed corner lot would need to have a width of 115' when compared to the adjacent tax parcel. Therefore, a variance of 25' is required as the width of the proposed corner lot is 90'. 2. Sec. 98-107(a) — states that lots will be in conformity with zoning standards in Chapter 110 of Code. As this property is zoned R-1, minimum lot dimensions are 75 feet in width, and 100 feet in depth. As proposed in the modified lot split plan, the northern lot is 62 feet in width. This represents a 13-foot reduction to the 75-foot minimum width requirement, and correspondingly, is the variance request; and 3. Sec. 98-107(d) — which states that double and reverse frontage lots should be avoided. As indicated on the modified site plan, the proposed corner lot would be considered a double frontage lot as it has frontage on both Ridgewood Avenue, and E. Central Avenue. Staff Comments: Lot Split City of Cape Canaveral City Council Meeting • August 15, 2023 Agenda Item # 8 Page 4 of 8 Sec. 98-66 of Code provides review criteria for the evaluation of a proposed Modified Lot Split Plan. 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 and City Council must find, that the proposed Modified Lot Split Plan meets the following criteria (Staff comments in red): 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. As proposed, the Modified Lot Split Plan does not meet certain Subdivision regulation minimum requirements. Specifically: 1. Sec. 98-107(b)(3) requires that corner lots have a width at least 15 percent larger than the width of interior lots along both adjacent streets. 2. Sec. 98-107(a) that requires that lots have a minimum width of 75' 3. Sec. 98-107(d) which states that double and reverse lots should be avoided. However, the applicant has concurrently applied for three variance requests that, if approved by the City, will address the identified deficiencies. b. The application is consistent with the city's comprehensive plan. Should the applicant's variance requests be approved, the proposed Modified Lot Split Plan will be 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. See response to criteria a. above. 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. As proposed in the proposed Modified Lot Split Plan, each of the proposed lots would have proper access from either Ridgewood Avenue or E. Central Avenue. 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. The surrounding area is characterized by single and multi -family residential development, with a variety of different existing lot sizes. The size of the proposed lots are generally consistent with the existing variety of lots in the immediate area, irrespective of the exception noted in criteria 1, above. Zoning surrounding the subject parcel is: R-1 to the north, south and west; and R-3 to the east. f. The application does not create burdensome congestion on the streets and highways. The proposed modified lot split plan to allow an additional single-family home on the subject property will not create an adverse impact on the local road network. The proposed home on the northern lot will directly access Ridgewood Avenue, and the proposed corner lot will directly access E. Central Boulevard. g. The application promotes the orderly layout and use of land. The proposed Modified Lot Split Plan will allow two detached single-family homes to be constructed, consistent with existing uses in the surrounding area. Also, the approved Settlement Agreement requires that the proposed lots be oriented towards Ridgewood Avenue, and that the structure on the corner lot be oriented towards E. Central Boulevard, consistent with other homes along E. Central Boulevard. h. The application provides for adequate light and air. As the use of the proposed lots is single-family residential, the proposed Modified Lot Split Pan will not have an adverse impact on the provision of adequate light and air to neighboring properties. City of Cape Canaveral City Council Meeting • August 15, 2023 Agenda Item # 8_ Page 5 of 8 i. The application does not create overcrowding of land. The proposed Modified Lot Split Plan creates two developable lots, each of which satisfies the minimum 7,500 square foot requirement for R-1 zoned properties. This is consistent with applicable density standards as contained in the City's Comprehensive Plan, Zoning Code, and surrounding residential uses. j. The application does not pose any significant harm to the adequate and economical provision of water, sewer, and other public services. There are no known water, sewer, or public service capacity issues within the subject area. Development associated with the proposed Modified Lot Split Plan will be required to apply for and receive approval through the City concurrency process to ensure the availability of public services. Variances As the requested variances relate to design requirements established in the City's subdivision regulations (Ch. 98), the variance process outlined in Ch. 98 of Code applies. Chapter 98 provides that a variance to the City's subdivision regulations can only be approved when it is determined that: • strict compliance with said regulations will create a hardship, and • by approval of the variance "substantial justice may be done and the public interest secured" More specifically, Ch. 98-4 (d) of Code states that a variance may be granted when it will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of these regulations will result in hardship; provided however, that economic or personal medical reasons shall not be considered as grounds for establishing hardship sufficient to qualify for a variance. In order to authorize any variance, it shall be found that all of the following factors exist: 1. Special conditions and circumstances exist which are not applicable to other lands, structures or buildings in the applicable zoning classification; and 2. The special conditions and circumstances do not result from the actions of the applicant; and 3. Granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands or structures in the identical zoning classification; and 4. Literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant; and 5. The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; and 6. The granting of the variance will be in harmony with the general intent and purpose of this chapter and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. A Variance Worksheet has been prepared (Attachment 7), which includes Staff comments regarding the variance requests. City of Cape Canaveral City Council Meeting • August 15, 2023 Agenda Item # 8_ Page 6 of 8 In accordance with procedures outlined in City Code, at its July 26, 2023 Regular Meeting, the Planning and Zoning Board (Board) considered the requested Modified Lot Split Plan and the three associated variances (Attachment 8). The Board received testimony, and also a handout provided by the Applicant's attorney (Attachment 9). The attorney claimed other lots in the neighborhood (denoted by a red "x" on Attachment 9) were illegally subdivided. The Board recommended to the City Council: 1. To approve a variance to the provision that the creation of double or reverse frontage lots should be avoided (as it relates to the corner lot). 2. To deny a variance of 25' to the required width of 115' of the proposed corner lot. 3. To deny a variance of 13' to the required width of 75' for the proposed northern lot, and 4. To deny the proposed Modified Lot Split Plan. City Council is now required to consider the Modified Lot Split Plan and variances as stipulated in the approved Order and/or Settlement Agreement. Should the City not approve the Modified Lot Split Plan by September 29, 2023, the SM will schedule and conduct a hearing consistent with Sec. 70.51(17), Florida Statutes. Said meeting shall be held on December 15, 2023 at 1:00 P.M., at City Hall. The purpose 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 recommend relief, where appropriate, to the owner." The purpose is not to review compliance with City lot split and variance criteria. More specifically, Section 70.51(18), Florida Statutes provides criteria that will be used by the SM during the hearing to determine if the City's action "unreasonably or unfairly burdens the property." These include: (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 of 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 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 regulations on the use of the property. City of Cape Canaveral City Council Meeting • August 15, 2023 Agenda Item # 8_ Page 7 of 8 (g) Uses authorized for and restrictions placed on similar property. (h) Any other information determined relevant by the special magistrate. If the SM finds that the City's action(s) do not unreasonably or unfairly burden the use of the owner's property, the SM must recommend that the City's action(s) remain undisturbed and the proceeding shall end, subject to the owner's retention of all other available remedies. If the SM finds that the City's action(s) is unreasonable or unfairly burdens use of the owner's property, the SM, with the Applicant's consent to proceed, may recommend one or more alternatives that protect the public interest but allow for reduced restraints on the use of the owner's real property, including, but not limited to: 1. An adjustment of land development or permit standards or other provisions controlling the development or use of land. 2. Increases or modifications in the density, intensity, or use of areas of development. 3. The transfer of development rights. 4. Land swaps or exchanges. 5. Mitigation, including payments in lieu of onsite mitigation. 6. Location on the least sensitive portion of the property. 7. Conditioning the amount of development or use permitted. 8. A requirement that issues be addressed on a more comprehensive basis than a single proposed use or development. 9. Issuance of the development order, a variance, special exception, or other extraordinary relief, including withdrawal of the enforcement action. 10. Purchase of the real property, or an interest therein, by an appropriate governmental entity. Within 45 days of receiving the SM's recommendation, which is non -binding, the City will need to: 1. Accept the SM's recommendation and proceed to implement it by Development Agreement (DA). 2. Modify the SM's recommendation and proceed to implement it by DA. 3. Reject the recommendation. The Notice of Hearing was placed for advertisement in Florida Today on July 12, 2023, and the item is now presented for consideration and action. Submitting Department Director: David Dickey Attachments: 1. Resolution No. 2022-32 2. Request for Relief 3. Settlement Agreement approved by the City Council on April 18, 2023 4. Special Magistrate Order— March 31, 2023 5. April 18, 2023 Regular City Council Meeting Minutes 6. Modified Lot Split Plan Application 7. Variance Worksheet 8. P&Z Board July 26, 2023 Meeting Summary Memo 9. Handout at July 26, 2023 Planning and Zoning Board Meeting City of Cape Canaveral City Council Meeting • August 15, 2023 Agenda Item # 8_ Page 8 of 8 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: That Council consider a Modified Lot Split Plan Application and three associated variance requests to Chapter 98 — Subdivision requirements, for property owned by Michael and Collette DiChristopher. Approved by City Manager: Todd Morley Attachment 1 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. Wes Morrison, Mayor For Against Kim Davis Second Mickie Kellum Mofion Wes Morrison Angela Raymond X Don Willis X Mia Goforth, CMC City Clerk Approved as to legal form and sufficiency for the City 4 Cape Canaveral only: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution 2022-32 Page 2 of 2 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 5of9 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 Page8of9 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 21 as 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. Wes Morrison, Mayor 'ATTEST:_ Mia .Gofort.ha_CityClerk City of Cape Canaveral DiChristopher Lot Split Application Development Order Page 9 of 9 Attachment 2 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 Lot Split Applicant SPECIAL 1ST CITY t F C PE C IC AEL C LETTE • Petitioners, VS. CITY F CAPE CA AVE L FLORIDA, a municipal corporation, Respondent. Attachment 3 DITIO AL EDIATE SETTLE T AGREE ENT E SUBJECT TO Cl 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 3of9 following: A. The modified lot split plan prepared by KUQelnn8mn Land Surveying, Inc., dated March 16, 2023' which is attached hereto and fully incorporated herein as EXHIBIT °AL° 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 onthe modified lot split plan filed inaccordance with 3/A0above, 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 riot conform bo chapter 110 of the City Code in that it isGZ + feet in width conmpaned to Resolution No, 20,22-52 Page of the 75foot minimum width requirement set forth imSection 1]O-276, (i0. The application of Section 98-1107(h)[3) —cormer lots for residential ulS2 shall have a width at ]east 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 of9B-1O7b8—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 orrestrict 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 [Vunciyo consideration and approval of the modified lot split plan filed in accordance with 3(A) above. �. If the modified' lot split plan is approved' each single family home shall have a nniminnurm building footprint nfZ,OOO square feet. 5. During the time period imwhich, the [itV's representatives are seeking the aipprova| 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 p ceedings 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 Petiti ner, the City's duly authorized representatives, and the Special Magistrate on this 28th day of March, 2023. CITY OF CAPE CANAVE By: By: 43. orley, City Ma Anthony A. Garganese, City Attorney Date: Da Approved by the City Council of Cape Canaveral on this / day of April, 2023. By: PETITIONERS By: By: Michael DiCMstor5her oiette DiChristopher Date: Date: - Date: 7,3 LU I 20 BLOCK 9 OCEAN WOODS PARCIEL ID: 2A 37-14°°-84-A AIB11711V1AT10N5: END FOUND N'HD NAIL & DISK ill IDENTIF'ICAI'1ON I C/I. CENTERLINESI'=1 04 REBAR & F PLAN (ID: L.S 511 7 ) M MEASURE b •U•4 0.T:- PUBLIC UTILIT .6 DRAINAGE EASEMEN P.3.6, PUBLIC UTILITIES EASEMEN k' LL OT 20.01, I ,D BLOCK 9 SET #1.4 REBAR 8. CAP'-- (3 7) : L S 51171 V u0 C ,12 ¢0 V1 SET NIMEI IID: PLS 5117) BEARrNG REFERENCE LINE N90"00'"00"E 275.00 1E') S.89'54'13"L 271.91 (MY END 1/4 REBAR (NO ID) Cy C) 6' GLF X 0 0 0.11 'BUILDING CAI , x CIRRI' ALL 20 40 1 7N FEET' 1 1 INCH LC PEE 9 x N90°00'00"E 125.00 BUILDING ENVELDPE, 90. .... .. 121.40 VACANT LAND _ ..,m. C u PARCEL 1 15 ACRE, 7529.50 50WARE FEET , ENVELOPE 3.218,32 SQUARE FEET3J 0 0°1'5 ACRES .oro aG w __Id ENVELOPr , N90°00'00"E 117.81 BNIO.1IN'G ENVELOPE VACANT LAN[) PARCH _ 2 i..---x.25LS_ 2 ACRE 9545.77 SOUARF FEEI 8LJ)LDING ENVELOPE ie 3.347. 69 SQUARE FEET / 0/ 0.077 ACRES AWE' /w` CURVE, DATA:. RADIUS: 35.00 DELTA: 53'22'IO"' ARC: 50.94' LSHO° OHO'9O"W 2t1.93 EHT_BUILDING ENVEL06"E. SET NS.0-" (ID: PLS 5117Y 901'DO' 00'"W ;a3 .93 AM I CLAD ITYP I' CURVE DATA:--, RADIUS: 00.00 DELTA: 83°23'10" ARC': 87..32" SANITARY SEWER -- MANHOLE CENTRAL. BOULEVARD (80' di) GHT OE WIRY ) + r ._.END #5 RE,HAR (NO IDY END 3" x 3" CONCRETE, MONUMENT (I D : " R M L.8762 ) ND' 1/2" GROWN° ROf) --END 3" x 3 CONCRETE. MONUMENT (NO ID) -.PALM 'TREE TOP ) "STOP° SIGN --ME T AL C..'CRT POLE STATE OE FLORIDA A1. LPC 0 KIJGELMANN LAND SURVEYING, INC. 30 NORTH 150PICAL TGIA(L, SUITE 0 MLRRITT ISLAND. FLORIDA 32953 L,III NO. 657B -- PHONE (3211 459-0930 MAP QF BOUNDARY TOUNDARY SURVEY PREPARED YOR AND CERTIFIED 70: MIKE DICHESTDPHER LEGAL IDGSC2IP&'ION: 0AI'1CLL 1: 1HE NORTH 2.02 TEEV LESS THE WFS1' 25.00 FEET. r LOT 21, BLOCK 9. (:APF.': CANAVERAL BEACH GARDENS UNIT N.0 ACCO 07TNC TO THE HAP OR MATi THEREOF, AS RECORDED IN PLAT BOOK 17, PAGE:ST 911 AND 6. OFU IHE OULILIC RECORDS OE 01)1571U COUNTY. 2 PARCEL 2: LOT 2. LESS THE NORTH 17.02 FRET AND I U SS THE WEST 25.00 ITET THLELUI-, ULC1CK 9, CAPE CAN, VE tA1 0EAGH GARDENS I1N11" NO. 2, ACCORDING ID HE MAP CR Pt 51 THEREOF, AS RECORDED INI PBAT 3001( 17, PAGE:SI 91 AND 92. Or THE PUBLIC RECORDS OF h3REVAR..0 COUNTY, FLORIDA. SURVEYOR'S NOTES: 1 1. FLO00 20X "X" PER ELDDO INSURANCE RATE MAP IBGORCOS630. 01/2'B/202). 2. FENCE 1331 3155IP UNKNOWN. 7. NO AP121315T ENCROACHMENT% NOTED. 3. SUBJECT To ANY EASER30NTS AND/0:'1 :i1GHT5-CIF-IWAY OF RECORD. E. Dos SURVEY WAS PERFORMED WITHOui THE BENEFIT' OF A TITLE: SEARCH. O. SUH0EY ODES NOT WARRANT T](I..E. 4. LINDERIFlOLII) I' I]UNVATIONS ANO/OR UTILITIES NIT 1_l7CAOR AT TIME Of Sil'12VEY. 0. IBIS SHRVEY WAS F11)1291ED FOR THE FECJosIVE 115I OF THE. CLIENT I51 5H06N HEREON) COPIES ADE VA410 0133 WHEN SIGNED, OAI3D AND SEALED 3IT&1 THE SURVEYOR'S SEAL. REVISED TO ADD CITY COMMENTS 03/16/2.3 UPDATED SURVEY' 111/2,1/21. DESLRIPPI ON DACE`, REVISIONS CSIGNATURES DAIF FIELD CE)MI'LE 111ON 1,0/2'(1/19 DRAWN: KKW 01/01/1R CHECKED: MJF/JIlS. 11701/19 SURVEYOR: CTOK 11r'01/16 RIELU BOOK NO.331 2 75 DWi. NO, 2018113._DN04.D6N SCALE: 1" - 20'j1 OF 1 PRLIJ. NO. 20103113 SURVEYOR'S. CERTIFICATE 1 HEREBY CERTIFY THAT TA £ 5UG1v6Y 1HPIC1E1 IS TRUE AND METES i111'.T. MINIMUM TEC81910AL ISE1' I..0RTV`I BY THE FLORIDA HOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5d-1(.051,. PI_0RIDA ADMINISTRATIVE CODE. PURSUANT TO 472.027, FLORIDA STA'PUTE5. David J Digitally signed by David p Kugelmann Kugel nann Date: 2023.03,1612:54:47-04'00" DAVID J. KUGE:LMANN 9".L. S. N0. 5117 STATE. OF FLORIDA HEREON STANDARDS, SECTION J Attachment 4 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 law. 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.m. 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 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 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 . 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 lndialantic, Brevard County, Florida, this 31st day of March, 2023. 1 /,,\ Raul g.,1 uoug man pecihl Magi trate 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: agarganeseporlandolaw.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. P*I RIWoufrhan, Special agist/ate 7 City of Cape Canaveral, Florida City Council Regular Meeting • April 18, 2023 Minutes • Page 3 of 6 Attachment 5 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. A motion was made by Council Member Willis, seconded by Mayor Pro Tem Raymond, to approve the Consent Agenda Items 1 and 2. The motion carried 4-0, with Council Member Kellum absent. #3 Discussion ensued and included the costs of the Item and how best to use the A1A Replenishment Fund. Resilience Engineering Services Manager Miller discussed the plan to negotiate with Florida Department of Transportation (FDOT) to reasonably carry the brunt of costs to advance interim safety measures along with some planning study costs. Discussion continued regarding Council desire for crosswalks, the meeting scheduled with FDOT the next day where Council Member Willis and Ms. Miller will discuss these issues, how this would allow the City to resolve safety issues now rather than later, and appreciation for efforts that went into the initiative. A motion was made by Council Member Willis, seconded by Mayor Pro Tem Raymond, to approve Consent Agenda Item 3. The motion carried 4-0, with Council Member Kellum absent. 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, second reading: City Attorney Garganese read the title into the record and explained the Item. 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 Council Member Davis, seconded by Mayor Pro Tem Raymond, to adopt Ordinance No. 04-2023, at second reading. The motion carried 4-0, with Council Member Kellum absent. ITEMS FOR ACTION: 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: City Attorney Garganese explained the Item including the statutory process prompted by the Petitioner. Discussion ensued regarding how the lot split issue would come back to the Council should this Agreement be approved. Attorney Paul Gougelman addressed the Council as Special Magistrate in this matter, explained the mediation process and possible outcomes, discussed the best practice for finding a solution instead of going to court, and urged Council's consideration of the Settlement Agreement. Attorney Kimberly City of Cape Canaveral, Florida City Council Regular Meeting • April 18, 2023 Minutes • Page 4 of 6 Rezanka spoke on behalf of the Petitioner, discussed the history of the lot split issue, and requested Council approve the Settlement Agreement. Patrick Campbell, resident, discussed opposition the Settlement Agreement. Marko Hakamaa, resident, discussed opposition to the request for hardship. City Attorney Garganese raised a point of order that Council must only consider the Settlement Agreement rather than variances or hardships so as not prejudice themselves. Discussion ensued and included how the City is currently in the Florida Land Use and Environmental Dispute Resolution Act process and the options before the Council. Mayor Morrison recessed the meeting at 7:43 a.m. The meeting reconvened at 8:01 p.m. Discussion continued regarding the technical aspects of the Florida Land Use and Environmental Dispute Resolution Act. A motion was made by Council Member Davis, seconded by Mayor Pro Tem Raymond, to approve the Conditional Mediated Settlement Agreement. Discussion ensued and included next steps depending on approval or denial, support for and against approval of the Settlement Agreement, and the Petitioners' choice to move through the statutory process rather than submittal of a modified lot split plan outside of same. The motion carried 3-1, with Council Member Kellum absent and Mayor Morrison voting against. 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: City Manager Morley explained the Item. Discussion ensued and included the original estimated cost of $1.2M for the project prior to going out for bid, the difference in warranty between the two companies, why the higher bid was not considered, the criteria Staff must follow to consider the lowest bid first, how in some cases the lowest bid may not always be taken based on certain criteria, and how some company bids may reflect a higher dollar amount based on how busy the company is at the time. A motion was made by Council Member Davis, seconded by Mayor Pro Tem Raymond, to approve the proposal from L7 Construction, Inc. Discussion ensued regarding how the anticipated cost estimate was more than double to the L7 bid and why Ovivo did not submit a bid for the project. Capital Projects Director Ratliff discussed Tetra Tech's engineer estimate was $2M and that company was pleased to see the City receive such a low bid for the project. The motion carried 3-1, with Council Member Kellum absent and Mayor Morrison voting against. 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: City Manager Morley explained the Item. Chief Resilience Manager Eichholz discussed the benefits of having additional pumps for flood mitigation. A motion was made by Council Member Willis, seconded by Council Member Davis, to approve Item 7. The motion carried 4-0, with Council Member Kellum absent. 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: City Manager Morley explained the purpose for having the Workshop meeting, presentation of the Items from the Strategic Planning Retreat for Council review and direction to Staff, and the proposed date of May 16, 2023 just prior to the City's 60th Anniversary Celebration planned the same day in the City Hall lobby. Discussion ensued and included the typographical error on the Agenda Summary should reflect Tuesday, May 16, 2023, support for May 16, 2023, and how the draft Summary Report from Doug Thomas will be submitted in time. Council reached consensus CITY OF CAPE CANAVERAL CHAPTER 98 VARIANCE APPLICATION PACKET CITY OF CAPE CANAVERAL Attachment 6 RE GI��dC�D MAY 16 2023 By: Instruction Sheet 2 Information Sheet 3-4 Application and Worksheet 5-6 Radius Package Instructions 7 Application Fee Sheet 8 City of Cape Canaveral Variance Application — 04/2023 Pg. 1 CITY OF CAPE CANAVERAL VARIANCE APPLICATION PACKET Instruction Sheet A pre -application meeting with the Community and Economic Development Department is required prior to completion and submittal of a Variance application. The Variance shall be prepared in compliance with the requirements of Chapter 98, Section 4 of the Code. To access the Code, visit www.cityofcapecanaveral.org, =I> click on City Government tab (scroll down left side of page) b click on City Code of Ordinances. This application packet must be completed, legible and submitted with all required documents referred to herein, to the City of Cape Canaveral, Community + Economic Development Department, 100 Polk Avenue, PO Box 326, Cape Canaveral, FL 32920. You and/or your representative are required to attend the Planning and Zoning Board and City Council meetings in which your request will be considered. You will be notified of the dates and times of meetings. Meetings are held at the City Hall, Council Chambers, 100 Polk Avenue, Cape Canaveral, FL 32920, unless otherwise stated. The following items must be included. If all items are not included at time of submittal, the application will not be accepted. Variance Submittal Checklist: 1. Completed application -Name of Property Owner -Legal description and certified survey of subject property - Current zoning of property - Basis for the request 2. Power of Attorney, if applicant is not the owner. 3. Payment application fee and escrow deposit. 4. Radius package from Brevard County, including: a radius map of properties located within 200 ft. of the subject property; one (1) set of mailing labels (instructions on page 7). 5. A list of variances from the provisions of Chapter 98 requested, plus the basis for each request (see below for criteria). 6. Copy of recorded deed or Opinion Title for subject property. City of Cape Canaveral Variance Application — 04/2023 Pg. 2 CITY OF CAPE CANAVERAL CHAPTER 98 VARIANCE APPLICATION PACKET Information Sheet Description of Request: (Please describe the full nature of your request. Use specific sections of the City Code that apply to your request. You may attach a separate sheet if necessary.) See attached Description of Request Address of Request. Address not assigned to vacant parcels Legal Description: Cape Canaveral Beach Lot(s): 21.01 & 21.02 Block. 9 Subdivision Gardens Unit 2 Section: 14 Township. 24 Range: 37 Future Land Use and Zoning Designation: FLU policy LU-1.3.3, R-1 Low Density Residential 5.8 lots/acre Statement of Fact: I, Michael A. DiChristopher , being duly sworn, depose and say that: 1 am the property owner. ❑ l am the owner(s) designated agent. (Attach notarized letter of authorization). Owner(s) Name: Michael and ColP.tte DiChristnphPr Mailing Address: 1765 Rochelle Pkwy. Merritt Island, FL. 32952 Phone Number(s): 321-288-4111 mobile, 321-454-4900 home Email: mdichr@aol.com Designated Agent Information (if applicable): Designated Agent Name: Mailing Address: Phone Number(s): Email: City of Cape Canaveral Variance Application — 04/2023 Pg. 3 Description of Request The applicants (DiChristophers) are seeking to modify the Development Order approved by the City on December 20, 2022, as Resolution No. 2022-32 by filing a modified lot split plan (Exhibit "A") that was previously filed under Section 98-66 of the City Code, along with a corresponding additional application requesting three variances pursuant to section 98-4 of the City Code. Variances: 1) A variance from the application of Sec. 98-107(b)(3) standard - 15% rule for the southern corner lot (21.02) 2) A variance from the application of section 98-107(a) - as the proposed northern lot (21.01) is 62+- feet in width compared to the minimum 75 foot minimum width requirement set forth Sec. 110-275 3) A variance from the application of sec. 98-107(d) - double and reverse frontage lots should be avoided The three variances shall be for purposes of seeking approval of the modified lot split plan under the requirements of Chapter 98 of the City Code. The modified plan provides for the construction of one detached, single family home on each of the two lots as shown in Exhibit "A" attached to this application. The applicants seek a variance for Sec 98-107(b)(3)-corner lots for residential use shall have a width at least 15% larger than the width of interior lots along both adjacent streets in order to permit appropriate building setback from and orientation to both streets. The modified lot split plan helps to alleviate the application of Sec. 98-107(b)(3) by meeting the minimum requirements of R-1 zoning and providing the appropriate building setback from and orientation to both streets. The modified lot split plan prepared by Kugalman Land Surveying, Inc. dated March 16, 2023 provides legal descriptions for two proposed developable Tots 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 (21.01) facing Ridgewood Avenue, and the front yard of the southern corner lot (21.02) facing Ridgewood Avenue, as well as a front yard facing E. Central Blvd. The side yard of the southern corner lot (21.02) will be adjacent to the north property line, and the rear yard will be adjacent to the western property line. This orientation will result in the southern corner lot having a depth of 117.81 feet and a width of 90 feet: which meets minimum R-1 zoning requirements. Sec 98-107(a) states the size, width, depth, shape and orientation....shall be in conformity with Chapter 110. Sec. 110-1 defines lot frontage as: "Lot Frontage means the narrowest portion of the lot facing on a dedicated, accepted or maintained street right-of-way." The applicants also seek a variance for Sec 98-107(a)- as the proposed northern lot (21.01) does not conform to Chapter 110 of the City Code in that it is 62+- feet in width compared to the 75 foot minimum width requirement set forth in Section 110- 276. Section 110-1 defines Lot Dimension as: "Lot Dimension means as follows: (2) Width of a lot shall be considered to be the distance between straight lines connecting front and rear of the required front setback; provided, however, that width between side lot lines at their foremost points, where they intersect with the street lines, shall not be less than 80 percent of the required lot width, except for lots on the turning circle of culs-de-sac, where the 80-percent requirement shall not apply; provided, however, that all lots shall have a minimum of 25 feet facing a street." A variance of 13 feet would provide 82% of the required lot width substantiating conformity with this section of the code. The applicant lastly seeks a variance from 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. Double frontage and reverse frontage lots have a pair of opposite lot lines along two substantially parallel streets. On such Tots both street lines shall be deemed front lot lines. The original plat Cape Canaveral Beach Gardens Unit 2 shows that only Block 8, Lots 1 through 8 were designed as double frontage and reverse frontage lots (Exhibit "B"). City Ordinance 12-62 required that the orientation of the homes should all face the same way on one of two streets, namely Surf Drive or E. Central Blvd., to be in harmony with the rest of the community. The subsequent creation of Sec 98-107(d) followed City Ordinance 12-62 in later years. However, Block 8 was subdivided and developed at a later date yielding no further double frontage and reverse frontage lots. In relation to the southern corner lot (21.02) of the modified lot split plan, reverse frontage lot also means (www.Iawinsider.com) a double frontage lot located along a collector or arterial (Ridgewood Ave) that derives access from an interior local street (E. Central Blvd.) (see Exhibit "A"). The southern corner lot (21.02) would have a structural orientation with the front of the home facing south as with all of the other homes on E. Central Blvd. to maintain the harmony and character of the community (see Exhibit "C" proposed home elevation facing E. Central Blvd.). In relation to the northern lot (21.01), a reverse frontage lot means (www.Iawinsider.com/dictionary) the first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot. The modified lot split plan (Exhibit "A") depicts the northern lot orientation east to west and the home orientation to be the same east to west with it's front facing the arterial collector Ridgewood Ave. Mr. Campbell interprets Sec. 98-107(d) such that the orientation of the home on the northern lot should face E. Central Blvd. and therefore it would not be in harmony and character with the neighborhood and "should be avoided." The appropriate avoidance for Mr. Campbell's concern would be to allow the orientation of the home to face Ridgewood Ave. So as to keep in harmony and character with the rest of the community that have homes on Ridgewood Ave. The applicant therefore requests a variance from the application of Sec 98-107(d) reverse frontage so as to maintain the proper orientation, harmony and character of the subdivision and community, by facing the home on the southern corner lot (21.02) towards E. Central Blvd. and facing the front of the home on the northern lot (21.01) towards Ridgewood Avenue. CITY OF CAPE CANAVERAL VARIANCE APPLICATION PACKET Application & Worksheet Whenever the Planning and Zoning Board finds that hardship may result from strict compliance with Chapter 98, based on applicable criteria and requirements, it may recommend to the City Council that the regulations be varied so that substantial justice may be done and the public interest secured; provided that such variance will not have the effect of nullifying the intent and purpose of the comprehensive plan or these regulations. Variances are to be authorized where they are not contrary to the public interest and where, due to special conditions, a literal enforcement of the terms of the Ordinance would result in unnecessary hardship. The Ordinance sets forth specific conditions which must all be demonstrated by the applicant. If the applicant cannot satisfactorily address all of the following, this should serve as a preliminary indication that the application may be rejected. The conditions are as follows and items (1) through (6) must be answered in full (City Code Section 98-4 (d)) for each Chapter 98 variance requested in this application. (1) That special conditions and circumstances exist, which are not applicable to other lands, structures or buildings in the applicable zoning classification; and See Attached (2) That special conditions and circumstances do not result from the actions of the applicant; and See Attached (3) Granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands or structures in the identical zoning classification; and See Attached City of Cape Canaveral Variance Application — 04/2023 Pg. 5 CITY OF CAPE CANAVERAL VARIANCE APPLICATION PACKET (4) Literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant; and See Attached (5) The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; and See attached (6) The granting of the variance will be in harmony with the general intent and purpose of this chapter and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. See Attached In granting any variance, the city council may prescribe appropriate conditions and safeguards in conformity with this chapter and any ordinance enacted by the city. The city council may also, as a condition of approval, recommend compliance with any site plan or other specification submitted by the applicant when it has relied upon such site plan or specifications in granting the variance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter. Variances granted from a specific requirement of this chapter shall be in full force only as long as that specific requirement is in effect. Furthermore, the city council may prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed, or both. City of Cape Canaveral Variance Application — 04/2023 Pg. 6 (1) That special conditions and circumstances exist, which are not applicable to other lands, structures or buildings in the applicable zoning classification; and Seeking a variance from the application of Sec 98-107(b)(3) on southern corner lot 21.02 -- corner lots shall have a width 15% larger than interior lots along both adjacent streets in order to permit appropriate building setback from and orientation to both streets. The modified lot split plan shows all appropriate building setbacks have been met, and house orientation shall face E. Central Blvd., all other review criteria in Sec 98-66(4)(a-j) have been met, including meeting the R-1 zoning requirements. The special conditions and circumstances that exist in Sec 98-107(b)(3) which are not applicable to other lands, structures or buildings in the applicable zoning classification are specifically located at: 301 Surf Dr. tax acct# 2430036, 8592 Rosalind Ave. tax acct# 2430033, 151 E. Central Blvd. tax acct# 2430021, and 204 Circle Dr. tax acct# 2430032. Seeking a variance from the application of Sec 98-107(a) for northern lot 21.01 which requires a 75 foot minimum lot width dimension requirement set forth in Sec. 110-276. Chapter 110 Sec 110-1 defines lot width dimension as ... that width between side lot lines at their foremost points, where they intersect with the street lines, shall not be less than 80 percent of the required lot width,. A variance of 13 feet would yield a lot width of 62 feet and represents 82.67% of 75 feet. Special conditions that exist from Sec 98-107(a) where it is not applicable to other lands, structures or buildings in the applicable zoning classification are specifically located at: 216 Circle Dr. Tax acct# 2430326 is 60 feet wide measured at it's midpoint, 220 Circle Dr. Tax acct# 2430029 is 55 feet wide at its midpoint, 226 Circle Dr. Tax acct# 2430026 is approx. 66 feet wide at it's midpoint, and 301 Surf Dr. Tax acct# 2430036 which is a corner lot has a width of less than 75 ft on Surf Dr. Seeking a variance from 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. The modified lot split plan depicts the southern corner lot (21.02) with a building orientation facing E. Central Blvd. in harmony and character with the rest of the neighborhood. The southern corner lot cannot be avoided since it was platted this way. When applying Sec. 98-107(d) to the northern lot (21.01) where it's orientation is east to west, Sec 98-107(d) could be interpreted that the "building orientation" would be north to south and would result the front of the home and garage to face E. Central Blvd., or it's southern boundary which also serves as the side lot line. This scenario "should be avoided" to keep in harmony and character with the rest of the community along Ridgewood Ave. where homes have an east to west orientation towards Ridgewood Ave. (2) That special conditions and circumstances do not result from the actions of the applicant; and The special conditions and circumstances are not a result of actions of the applicant. The subdivision Cape Canaveral Beach Gardens Unit 2 was approved by the City Council prior to City Ordinance 12-62. Subsequent to it's approval, many new ordinances have been adopted that affected the ability of the applicants to develop their property, thereby creating a hardship where similar properties were allowed to be developed, specifically those mentioned in paragraph (1) above including more than 100 illegally subdivided lots without being required to be platted. In addition, the subdivision Cape Canaveral Beach Gardens Unit 2 was administratively rezoned from R3 (according zoning Map history from the City's website) to R1 in 1979 which created additional hardships for many property owners. (3) Granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands or structures in the identical zoning classification; and The granting of the variances requested will not confer on the applicants any special privileges that are denied by the provisions of this chapter to other lands or structures in the identical zoning classification. There are 4 other corner lots similar to lot 21.02 mentioned in paragraph 1 above and 4 other narrow lots similar to lot 21.01 less than 75 feet wide mentioned also in paragraph (1) above, have also not been given any special privilege to be able to build on their property. (4) Literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant; and The literal interpretation of Sec 98-107(b)(3) on lot 21.02 would deprive the applicants of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter. More specifically; 301 Surf Dr. tax acct# 2430036, 8592 Rosalind Ave. tax acct# 2430033, 151 E. Central Blvd. tax acct# 2430021, and 204 Circle Dr. tax acct# 2430032, all currently enjoy their property rights without having to meet the criteria set forth in Sec 98-107(b)(3). The application of Sec. 98-107(b)(3) would constitute unnecessary and undue hardship upon the applicants property rights. The literal interpretation of Sec 110-276 minimum lot width of 75 feet is enjoyed by several property owners including 216 Circle Dr. Tax acct# 2430326 is 60 feet wide, 220 Circle Dr. Tax acct# 2430029 is 55 feet wide, 226 Circle Dr. Tax acct# 2430026 is 70 feet wide, and 301 Surf Dr. Tax acct# 2430036 is less than 75 feet wide along Surf Dr. Sec 110-1 allows a reduction in lot width dimension of not less than 80% of the required lot width and the applicants are requesting a 13 foot variance that would yield 82.67% of minimum lot width. The literal interpretation of Sec. 98-107(d) for double and reverse frontage lots should be applied to lots that have frontage on both streets at opposite property lines (Exhibit "B"). Orientation of the homes should be in harmony and character with the rest of the neighborhood all facing in one direction. To apply Sec. 98-107(d) to a "corner lot" that was platted in 1962, this scenario cannot be avoided. However, the applicants agree to orient the southern corner lot (21.02) home towards E. Central Blvd. with the lot orientation towards Ridgewood Ave. (Exhibit "C") The literal interpretation of Sec. 98-107(d) to the northern lot (21.01) could be interpreted to mean that the orientation of the home should also face E. Central Blvd. which would result in the front of the home and garage to face south instead of east towards Ridgewood Ave. Mr. Campbell interprets Sec. 98-107(d) this way and claims this "should be avoided" according to this section of the code. Such a southerly orientation of the home on the northern lot would not be in harmony and character with the neighborhood and "should be avoided." The appropriate avoidance for Mr. Campbell's concern would be to allow the orientation of the home to face Ridgewood Ave. so as to keep in harmony and character with the rest of the community that have homes on Ridgewood Ave. Therefore the applicants request a variance from the application of Sec. 98-107(d) to the modified lot split plan. (5) The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; and The variances, if granted, are the minimum variances that were contemplated by the mediated settlement agreement and they will make possible the reasonable use of the land and the building of two single family homes. (6) The granting of the variance will be in harmony with the general intent and purpose of this chapter and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The granting of the variances will be in harmony and character with the general intent and purpose of this chapter and such variances will not be injurious to the area involved or otherwise detrimental to the public welfare. The seven aforesaid examples of homes built, namely; 301 Surf Dr. tax acct# 2430036, 8592 Rosalind Ave. tax acct# 2430033, 151 E. Central Blvd. tax acct# 2430021, and 204 Circle Dr. tax acct# 2430032, 216 Circle Dr. Tax acct# 2430326 is 60 feet wide, 220 Circle Dr. Tax acct# 2430029 is 55 feet wide, 226 Circle Dr. Tax acct# 2430026 is 70 feet wide, have for decades not been injurious to the area involved or otherwise detrimental to the public welfare. The applicant's property strongly resembles these properties in size and orientation, and the applicants are requesting the variances to be afforded the same rights as other property owners commonly enjoy in Cape Canaveral Beach Gardens Unit 2. CITY OF CAPE CANAVERAL VARIANCE APPLICATION PACKET Information Sheet (continued) I hereby attest that all information, sketches and data contained and made part of this request are honest and true to the best of my knowledge and belief. Signature of Applicari STATE OF FLORIDA, COUNTY OF BREVARD Sworn to and subscribed before me by means of 0 physical presence or remote audio-visual means, this day of iVV.-, , 20by i'Y 1e , &el A f) co,h e-r , who signed with a mark in the presence of these witnesses: '><7 Signature/Stamp of Notary Public: of Personally Known or 0 Produced Identification (Type of Identification Produced) City of Cape Canaveral Variance Application — 04/2023 Pg. 4 CITY OF CAPE CANAVERAL VARIANCE APPLICATION PACKET Radius Package Instructions Order the "Radius Package" from the Brevard County Planning & Development Department, Graphics Division, located at the Central Brevard County Property Appraiser's Office, Brevard County Government Center, 2725 Judge Fran Jamieson Way, Bldg. A, Room 114, Viera, Florida, 32940. Office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except on holidays. Instructions: To order a radius package contact the Graphics Division at: (321) 633-2060 or by email at: joanne.adams@brevardcounty.us. You will need the subject property(s) tax ID number, address or parcel ID. The radius package will include two lists of properties located within the 200 ft. boundaries of the subject property and one (1) set of mailing labels. You will be contacted when your radius package is ready for pick-up or mailed. The cost is $40.00. Brevard County will accept payment in the form of cash or check made payable to the Brevard County Board of County Commissioners and credit or debit cards (except VISA). Submit the complete radius package to the Community and Economic Development Department for further processing of your request. City of Cape Canaveral Variance Application — 04/2023 Pg. 7 CITY OF CAPE CANAVERAL VARIANCE APPLICATION PACKET Application Fee Sheet Date: 05/15/2023 DiChristopher modified Lot Split as contemplated in Conditional Mediated Settlement Agreement Project Name: Application Submittal Fee Variance $825.00 Please note: there will be an additional fee to be determined upon application submittal for notice mail out to surrounding property owners listed on the Radius Package. Total Application Fee: $ City of Cape Canaveral Variance Application — 04/2023 Pg. 8 xYii/r "A /1 OCEAN WOODS PARCEL ID: 24-37-14-84-A ABBREVIATIONS: FND FOUND x x N8D NAIL 8 DISK ID IDENTIFICATION T I C/L CENTERLINE SET #4 REBAR 8 CAP P PLAN (ID: LS 5117) MEASURE P.U.B D.E. PUBLIC UTILITIES 8 DRAINAGE EASEMENT P.U.E. PUBLIC UTILITIES EASEMENT LOT 20.01. BLOCK 9 O N ;11 o O O SET #4 REBAR 8 CAP (ID: LS 5117) w 1 0 0 LOT 20 BLOCK 9 WEST 25.00 FEET (0 0 o w o O c0 L.0 • N F- m N 6' CLF x GRAPHIC SCALE 0 20 40 ( IN FEET I INCH 20 FEET N90°00'00"E 125.00 BUILDING ENVELOPE IN N90°00'00"E 73.90 0 e ▪ 90° i wI nI ne 121.40 ze VACANT LAND e`; PARCEL 1 Ii 0.17 ACRE. 7529.50 SOUARE FEET w U BUILDING ENVELOPE 3.278.32 SOUARE FEETIJ 0.075 ACRES 25.0 590°00'00"W 68.57 4;.BUILDING ENVELOPE N90°00'00"E 117.81 25.0 8 `+ o a e SET N8D (ID: PLS 5117) BEARING REFERENCE LINE N90°00'00"E 275.00 (P) S89°54'13"E 274.91 (M) (3_ ---/A--- I- -- 1 FND #4 REBAR (NO ID) BUILDING ENVELOPE N90'00'00"W 66.60 VACANT LAND PARCEL 2 0.22 ACRE. 9545.77 SOUARE FEET BUILDING ENVELOPE /a 3.347.69 SOUARE FEET 0.077 ACRES /4 U CURVE DATA: /- RADIUS: 35.00 eP DELTA:I U33'10" ARC: 50.94' S90.00'00'8 28.93 BUILDING ENVELOPE SET N8D (ID: PLS 5117) S90°00'00"W 53.93 2' MIAMI CURB (TYP) CURVE DATA: RADIUS: 60.00 DELTA: 83°23'10" ARC: 87.32' SANITARY SEWER MANHOLE CENTRAL BOULEVARD (80' RIGHT OF WAY) co ve ) e ,o e 25.0 O 25.0 FND #5 REBAR (NO ID) FND 3" x 3" CONCRETE MONUMENT (ID: PRM LB762) FND 1/2" GROUND ROD FND 3" x 3" CONCRETE MONUMENT (NO ID) PALM TREE (TYP) 'STOP' SIGN METAL LIGHT POLE ,,`onunuq, N• "a 5117 STATE OF ,'_4/ , . FLORIDA "a`` nnnnuu. KUGELMANN LAND SURVEYING, INC. 30 NORTH TROPICAL TRAIL. SUITE B MERRITT ISLAND. FLORIDA 32953 L.B. NO. 6575 - PHONE (3211 459-0930 MAP OF BOUNDARY SURVEY PREPARED FOR AND CERTIFIED TO: MIKE DICHRISTOPHER LEGAL DESCRIPTION PARCEL 1: THE NORTH 62.02 FEET LESS THE WEST 25.00 FEET OF LOT 21. BLOCK 9. CAPE CANAVERAL BEACH GARDENS UNIT N0.2 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. PARCEL 2: LOT 21. LESS THE NORTH 62.02 FEET AND LESS THE WEST 25.00 FEET THEREOF. BLOCK 9. CAPE CANAVERAL BEACH GARDENS UNIT N0. 2. ACCORDING TO THE MAP OR PLAT THEREOF. A5 RECORDED IN PLAT BOOK 17. PAGE(S) 81 AND 82. OF THE PUBLIC RECORDS OF BREVARD COUNTY. FLORIDA. SURVEYOR'S NOTES: 1. FL000 ZONE "x" PER FL000 INSURANCE RATE MAP 12009C0363G. 01/29/2021. 2. FENCE OWNERSHIP UNKNOWN. 3. NO APPARENT ENCROACHMENTS NOTED. 4. SUBJECT TO ANY EASEMENTS AND/OR RIGHTS -OF -WAY OF RECDRD. 5. THIS SURVEY WA5 PERFORMED WITHOUT THE BENEFIT OF A TITLE SEARCH. 6. SURVEY ODES NOT WARRANT TITLE. 7. UNDERGROUND FOUNDATIONS AND/OR UTILITIES NOT LOCATED AT TIME OF SURVEY. 8. THIS SURVEY WA5 PREPARED FOR THE ExCLUS)VE US OF THE CLIENT (S) SHOWN HEREON; COPIES ARE VALID ONL WHEN SIGNED. DATED AND SEALED WITH THE SURVEYOR'S SEAL. REVISED TO ADD CITY COMMENTS 03/16/23 UPDATED SURVEY 10/25/21 DESCRIPTION DATE REV/5/ONS SIGNATURES DATE FIELD COMPLETION 10/26/18 DRAWN: KKW 11/01/18 CHECKED: MJF/JRM 11/01/18 SURVEYOR: DJK 11/01/18 FIELD BOOK NO.81 @ 75 DWG. NO. 2018113_BNDY.DGN SCALE: 1" = 20'1 1 OF 1 PROJ. NO. 2018113 SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE SURVEY DEPICTED HEREON IS TRUE AND MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17.051. FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027. FLORIDA STATUTES. David J Digitally signed by David I Kugelmann Kugelmann Date: 2023.03.16 12:54:47-04'00' DAVID J. KUGELMANN P.L.S. NO. 5117 STATE OF FLORIDA EXHIBIT "B" CAPE A ✓(/BD/I//5/OiV DESCRIPTION: CANAVEPAL BEACH CARDE N S UNIT No.2 /N SEO'T/O/V /4 TOM'NSH/P 21 SOUTH, RANGE 37EAGr BREYARD COUNTY FLORIDA COA*ENC1M6 AT TM SOU1Mt0S1 CORNER Of INS SW'/4 Of SECTION 14, TOWNIRIP EA SON1A, RAN111 11 EAST, , FLORIDA: 40 19004E 0.I.01'S•'N ALONG 10 NEST LINE of 1e1 SAID SW,/ OF SECTION N, l DISTANCE OF 149.60' won POINT ALSO MO. TOE NOR14EA11 CORNER OF CAPE CANAYERAL OtACN NMIT •1 SAID ODIN7 NEALAFIER AMINO IRA peon OF DEGINN1MCt. WAKE NAlfll6Ap, THENCE SOUTN01SIC4LY ALONG A CURVE OF RADIUS OF 15.6,0H011 CENTRAL PYO.A N 9N_OT50', WHOSE CORD IS BRIO' OCARINA 044'I6.OV W, AN ARC DISTANCE, Al AEASURED DIYER4104 To EYE RIGHT, OF 69.54'L 'amen DM • 0 OF STOWS TAW.. MORN. IEILY ALONG A CURES OF 1ADIY1 R7.M', woos! CENTRAL AN4L1 IS 61.13I'10', WNO01 TA0G1N1 10 1R0', 1100EI CMORO IS 1I9.E4' DEALING S.YIYSS' W, 4N ARC D.SIANG0, AS naap41M4 10141 LEFT OF ISS.00'E IYENCI St8'08°1O' 41 • 0r11AN0E OF 99.1I.1 SOU1NWl11ERLT ALONG A CN4Y0 of RADIYS 81.41', WHOLE C0N1R•L MAGI IS 61.01'10', 41UOSl TANGENT IS 48D', WND50 CM010 IS 6L71' DEARIN4 E01'E1'10^1., AN ARC DISTANCE, ♦E 00ASNRIO DIYERGIM4 TO ENE RI4,1,OF 6415'E ENEMA WEFT A DISTANCE OF At1.00'; 1.110C/ 5IS•0S'S4'N A D4SIAMCI 0I ISLN'1 IMANCE Sou 1NNLL1ERL1 ALAN4 a CUR. Of OM. 119.11', 41801E CENTRAL ANALE IS 60•16'SI', WNOSI 1AN6I111 1S 61.0', MNO1t CHORD IS 141.S,' MIRING 044'0Y01'W, AN ARC DISTANCE, AS 0191R41N4 TO INS R4GNI, OF 140.111.1 1M1NCE S,M14'2rw A DISTANCE OF 441.7E'; TNINCE NOAINWLSTEOIT ALONG A CURVF OF RADIUS OF t/.0', M.O. CENTRAL MARLA IS 101'4l'SN', WHOSE TANOtn IS SA1A', 41N011 coo. IS 40.40' SEARING 1.1140141.47• W, AN ARC 0111/MCC, Al 41l1NR E0 DIV1161N6 TO INA 1114111, OF 41,00', 1410 POINT OEINS 15.0' WI OF T. ( OF OLD MATE ROAD •4014 THINGS • T'IV00•E-151.64'4 TNAND. RA1T - 440.it'1 TMENCE N 1'6'00'W A DISTANCE. 0! 711.01'4 "MINCE 1109'06'40'• A. DISTA041 OF WWII', SAllf POINT ACING ISO' CAST OF THE ( OF SAID OLD STATE ROAD •401: TNENCI 111'I2.00.1 A DISTANCE 0f 111.AY11NENCt SSM40'S0'1 • 0111ANC1 OF 14001'A 14000E R1'08.0CW A DISTANCE 01 IL64'L 14E11CA /8MN'w'E 4 DISTANCE OF 101A.01'S 141004E NORTH '0.00';TNE110E LAST-1108.1/'. 'FRANCA 06'SG'00'41 A DISTANCE OP A10.R1.; TNENCI SOUI*ER4Y AL0N4 A CURVE OF RADIYS 510.0', W00St [ANTRAL ANGLE IS 45'4V14', W0011 lAN4ENT is 6E17', NRCS. CRDRD 11 404,04' SEARING SS'OI'41'/, AY ARC 04ST4MCl, AS of... so O1Y1R44N4 TO ENE LIT7, Of 104.04' THENCE S 4t'4t'tte I. • CHAT ARCS OF IOW i 'ALYCE SOUIME6LI 4LON4 & Cu.VI Of RADIUS 0900', 41405E CENTRAL AN3L0 IS I.E*I0, woos* TANGENT ',NO.'S', 41401E CNn0D IS 441.•d OCARINA • I.S0'I1•W , AN ARc DISTANCE, Al A OI4E101NG To TWA RI1M1,0/ IR0.411'E 1NENCI WEST A 01E1AMCE OF 10/1.74', SAID P01M1 401M4 INS Ma11NW1S1 CORNER OF C0ANOLIR PARR RS1NA AS RECOR000 IN PLAT 4GOk S, PEGS 10, PUBLIC RECORDS OF &RIVARD cODNIT, FLORIDA; 1Y1NCE 51• 01'S4' l 4 MST... OF STOW 10 INS pow/ QE OIGINNINQ, DOUBLE FRONTAGE LOTS 40. 5 NA moo- ,.. + 4 ,ao- S ,e C .ere rob $ ,w 6 ,ere• tie 1I.... 4M It, ,ta .�C y1 44044 ALL YEN 0Y TRESS PRESENTS, /Re, Frame r1Tbrw4, pow e•/Aebe at want,. molgepe anew.. boob, Me property ONF/Y.I Meow'PM Perot, ow* s.� JJAYM Its rer.•ra0/1 .r ANf 4M1, Y dl5044 NPraW /.p• Pow. wl AO Poor 4M mat Th/0(>� ofi4A/641 106.E Sip•F ere/ ooe40 M Oho /py4•e• of raw/4 ;Wl14.P'•L Mose 3. /E• /r.�'e1�y41.� Mw4... 'l STATE OF FLORIDA COUNTY OF [testa 11115 IS TO CERTIFY, not se I.4,y NT /AM Mbn,N4 Mello r My wba0N4/ M s ,Mo Mfnw*MSs,N4b M I0o 4hb red 0.•e0 erne oo PARRA/ Npse1M Frons/e A Proms. b •s M Its Alf)rboo/ dun/4N is, ore/ .M 404e.b. Mt a ero Mervin., on. oo.MN/e/.s Ms se Woe Ow., Is PI*NA./s Moo eel *4AIN WITNESS WHEREOF, /Mro Pore..atIo owl stall Poolo w. N. MY DRAMA. t.pM.. 4A4. ' /r‘7 ,ro, ,or SFr Os' ay ,go' t 16 17 18 19 Eo IS 6 g O 0 0 0 F Ry = i - 16 12a IIp M. IIp Op IS.' C E/VTRALa�T BL VD. (4P • ) ^, -- • 1t5• ML' 4 e ..1' b lea 6 nor 7 AI. IA RV( 4 AL` 8 i 8 ne I.v ..A Mr QV nil. a DR/YE a.•.^I.T.4 au b ' Q 0 SST FN► EIREVARO ENGINEERING COMPANY COCOA •CAGH, FLORIDA, SHEET N•.1 PLAT BOOK /7 AND PAGE g/ DEDICATION KNOW ALL MEN BY THESE PRESENTS. Tl.l fM Corp:wan. owned baba, bang NN a.sr in the Ywpl. a NN lade d.wribcd 4. Ho ferpeng eep6w to tide pleb throb, east ere. said I.nde end pie for Nr 4w and purposes therein ego...d and duke. the Sdm4, allays, thoroughfares, pas. web end drainage *method, the. hor4a, to the prpded w of the paths, cod IN WITNESS WHEREOF. Res coned time Peewee 1e bN wgod And .Hold t. H NN d beam ed H. <opor1.91 N ..d b 6. .R.sd loom*, w e, '7 e. rn tz r 2'I I. 19 6 7- . HUFORli M//.L5 JNC: Dodd. AtN46 , .L. :Sao:•err STATE OF/k,,NW Co'6i... COUNTY oFC 6Io r1,60 THIS IS TO CERTIFY. MAI onus,p Ecr.. bc. ' i-1 /141 beor* no, or elk*, duly a0hand to late AcknorledwAwth n IF. thee cod CcuMy .fnr.wld. 4.000ly app.w.4A. A A, x .-r and L'. L✓ 4h'yr /. /.. .. President and•:. .♦ / V, y of Ho .ba@ owed sorpw.l'ron 4Nwpared Cabe W. b.s of the Stee of/tt i / /, LaYr . /i r.F , b w• FOR to be NN WM:l.d end *Moore stetofbed in end rho ensue. the forgoing 0.4*0.li4. ad .ere411y .e4nord.dgd the eredio thereof le be then hoe ere owl stood a such ethers 10eronllo duly .dhefaed; NW No allied cot of said corpora/km i. duly .Tined NNr.1a; .d Mat I4...id Both eel. 4 N. ad .d deed of Lod corporation. IN WITNESS WHEREOF, I Mn b..th eel coy hand cod awl on M. abe.0 d.dw nor me,-1 PUILa/. NOTARY K: My Cowwi.Yw Emirw ,M_Tr' i, CERTIFICATE OF SURVEYOR KNOW ALL MEN EY THESE PRESENTS. its the udwAgnd, baits a Keened wed registered bed A..Yw, don Iwo* codify the w r r 'S6z h. FargYj.� qr rRwy of the Nod... ewe le the foregoing peer. NW rime 489.4..'mnet rpr.NM4fen .f ON N+d. NNren doerlbed .d *nod; *sot Forms. not r.TNr.IN4 wenwrOn. Iw• beo pHs. o the. NrrNo O. no - wired by Chwl.r 117, Rnid. SNhla4. ad AN said 1w+i. thee* Or Ensued Co**,, Rued.. Deed O1.T E, i•6L ,. .._......... • ±b•...L /' ' ' 4.1 Rudd e144 Na CERTIFICATE OF APPROVAL BY MUNICIPALITY THIS D TO CERTIFY, That w 3 bC.YOO*4• /96.- Its .CrTY .41 CO*NCr6 of CAN C4d..e9(,4R6_ AS-2-04,P1 /4Y /i'I O.C.O.' ream eppmmd 10NT4N0i,plel. SEAL e MAYOR. CRY CLERK. CERTIFICATE OF APPROVAL BY BOARD OF COUNTY COMMISSIONERS THIS IS TO CERTIFY, Thew the foregoing pie oat approved by lbw lard M Cab, CWrN.YNN.L el Eo•wd County, Fled.. AHrI: Cline... of the lord. Clog .E the Board. Alp.wd Condo Egn.r CERTIFICATE OF APPROVAL BY ZONING COMMISSION THIS IS TO CERTIFY, Thew 3*1 l it!. A,- . M. Zaulps C.wN.Y.w .1 the Ab.. I kwklpa1ly .pprwd AN for•weeg ...G.....f �1N. .14 . ZAAq C rsM. CERTIFICATE OF CLERIC I HEREBY CERTIFY, TAW I Awe erer*N4 the fo.gdp plat are Rd HAI N Rornpan. In feu .IN..1 the rNgWrMeRp of Cheerer 171, F4dd. Staten. and we find Tv tee.' no Meth. . ' , Chi of 11N Cbh48 Curl n od fee Inward Coady. Rs. LxThg1r "6" CAPE 1 has 14 11 weres'eo-yr sea AA LAST CANAVE RAI, 13 FAC GARDENS UNIT No 2 DY sioa'E fslea 16 eAelr eAco, CA/VAVERA reje�y ekEs/.4HUheL NC,lNEepITKIC, CO. COCOA, BR/wr, F1_77/rrDA CENTRAL la 1i iao: Ise tbs. C/44NOL FR !'p'•ie) STRFFT er.-.ewer 000. r.e. \ II KNOW ALL MENBY THESE/PRESENTS, Ton Fresh MFT inn, cwM-ram Mtlrd°certain mo-/µp00000- eo she 0004 QQscrilvd here,, dame sent me so. inn the ceco•✓ing of MO 044 . nMe,s eroreoy Ace Mrsmro Mare oa red Ws iJLdo r a.�_ j96i SNree out Wed w rM 0000 STATE7,01710A COUNT r OF �ede 1/ISIS70 CERTIFY`/n00this l0 D �^/t..G 34Mre me on a//ices ,Leg oWMruse 0 o mr0000 nla eso e 07. y of y oAo.wae rbnKi, AFT,eraon ro • M0.01 Micr..0 m 01,00 eeeeel 0 tM W.sre ...rums, ore ....Wee Ine eee0el0 Ile e- oMv• eA//eefreeecl>ce°eee. IN WITNESS WHEREOF, /sees oernMm a airy Mare nM00 IM ./whroh^9fd0Ab4 n6 [Hind,.. Expen—foie' p 1 46 7 PLAT BOOK ; it AND PAGE ?Z 1 I S DEDICATION KNOW ALL MEN BY THESE PRESENTS, That the C..po.ellon named We, being the owner n fee simple ofthe lends described to Ma foregoing caption tolhis plat, hereby dedicates Hid lands end plat for the sans and purposes therm exprnea and dadicetn the Streets, alleys thoroughfares, parks, canals and en:nage aas.m.Ws shown hereon Ora the p..patual sae of the public, and IN WITNESS WHEREOF, has caused these presenh to be sired end .nested to by the eficess named below end its corporate seal to be ✓ ,•n. ,i ) A/ °1L Preside/le Attest: Signed and Haled in the presence of: m.0 STATE OF.4v:.. .-, rrt.:, COUNTY OF: J�'/.1-:, al THIS IS TO CERTIFY, The,en•U•s l :- .:1..'/I betme me, an officer duly author",red to I. eckw.kdgments in the Seal. and County aforesaid, personally appease/IA, r}; t. vely .red �/ �/•ce = K nsp.ctiabo Prmld.M and'. State the above timed r rpm.,iw i, to me n /o the kind of the Sage M r sc me knhen to b. M. 1ndl.id.Ja end epic..n described in and who executed the ftoeieg It Isse w and .. Haas .ckn..kdged her HWio thereof to be Melt fires ecl Mind dead as soh $(Fond duly duly h. eWhw.d the that the $thoul reel d said c.*4 and id duly d ..., thereto; and tht Ihs seid DedF <nhan is she act and deed of dad corporation, IN WITNESS WHEREOF, have hereto sat my hand end sad en the above date. T watt 'eii $ tNOTARY PUBLIC' • art T 1O My Comminion Expires . •. r --. 1, , 4 P isou•susaat cps Ras s, 14e0. NM R. 5 F1 LET N. 2 SEA3�1/• CERTIFICATE OF SURVEYOR KNOW ALL MEN BY THESE PRESENTS, The the ender:giw, being . licensed and regatered Ind surreyor, dram hereby tify Shea` he oomph Gd Mi sumey of the Inds as shown in the foregoing peel, lhet raid RUE tea enaeaal rprenntefion of 1h landh therein described end l/4.that pr rant refswase monurn,ls hew been placed es shgr.. a,m emel a1 Hen suited by Chapter ITT, F6side Stetufes and that Hid INHis loteled Jar Bre.end County, Florida. Dated OOT 2 s I661 /....4 .!. Registration No, 94ey.• CERTIFICATE OF APPROVAL BY MUNICIPALITY THIS IS TO CERTIFY, The, or 3 nc4o4 cx. / 46 r the air «MPS CLRefe c..C/O•I 041' /2e 5 o'-1 T ro✓approved the foregoing pie, • I! A JwureC--, SEAL MAYOR, ATTEST-- /r �r /;f., U CITY CLERK. CERTIFICATE OF APPROVAL BY BOARD OF COUNTY COMMISSIONERS THIS IS TO CERTIFY, Th1 fwegoinq plat .H approved by the Board d County Camminion.r. of &..,.d County, Faid.. Attest: Chairmen of the Bard. Clerk of the Board. Appeared County Engineer CERTIFICATE OF APPROVAL BY ZONING COMMISSION THIS IS TO CERTIFY, That on ..e +? - the Zoning Commimiw of the above Municipality approved the foregoing pii. d �u ..A r• r rear-� Zoning D'reclw, CERTIFICATE OF CLERK 1 HEREBY CERTIFY, The I hove examined the foregoing plat and find that if complies r a form with all He receiwmaM. d CIVT, ITT, Hari* Sfe1W.., d .as Fled ter record on IN • ! 4 M 10.4.2tryrF;k tee' /V0RFw.eS...4 04.4 el tare Circait Court le and for B d County, Re. 1 fy,4l/1Jr "6 , r Plan Number 715051 Order Code 00WEB 1Front Elevation FamilyHomePlans.cam U.S. customers can 1-B00-482-04641 Canadian customers can 1-800-361-7526 Click Here to Mirror Reverse RADIUS MAP DICHRISTOPHER, MICHAELA Mike_DiChristopher 2430121_2430122 — T i 3 '41:P �fl 1- whin MIL PR 1 CORALDR Min B Eg-u i _04 RR !R taus a WE ANDT - OR 4t IHhIIIiI1!jff - cma 33 32 36 31 35 tknl. la.W 54 55 29 38 34, I37' i -SURF 66 186180181 86 741 152124132136 98 60 164 ► 170102179 2320 18 112 17 111 13 99 73 96 5 94 24 162 U8148149/86 42-128 1031`74161159171189129 517314311385110158177133 45154951425271915114165127 771 72 53 75 57 68 81 82 48 92 47 661 4 7398 64 9 59 69 611 111302 62 3 52 67 511 76 78 40 79 44 65 411 7 155841016282112911531 9 23172157119881171181681 9 13418416916016318312 130104150138126 89 116 8716793170 90 115 1:4,800 or 1 inch = 400 feet Buffer Distance: 200 feet This map was compiled from recorded documents and does not reflect an actual survey. The Brevard County Board of County Commissioners does not assume responsibility for errors or omissions hereon. Buffer Subject Property Notify Property Parcels Produced by BoCC - GIS Date: 4/25/2023 Mi ke_DiChristo phe r_2430121 _2430122 Pagel 8600 RIDGEWOOD AVE UNIT 1311 LLC 8718 COBBLESTONE DR TAMPA FL 33615-4914 AHLERSMEYER, DAN A AHLERSMEYER, CYNTHIA M 8700 RIDGEWOOD AVE, # PH-A9 CAPE CANAVERAL FL 32920-2005 ANDERS, KENT ANDERS, RITA 9225 BROCK RD PLAIN CITY OH 43064- AOUN, JEAN ABI 3642 ROTHBURY DR BELLE ISLE FL 32812-2212 BATERNIK, JAMES 200 S SYKES CREEK PKWY, APT A601 MERRITT ISLAND FL 32952-3373 BEHRENS, JOSEFA F TRUSTEE 8700 RIDGEWOOD AVE #306A CAPE CANAVERAL FL 32920- BILLINGS, ROBERT DEL BILLINGS, MICHELLE BROCCARDO 236 FOX RUN DR VENETIA PA 15367- BONGARD, JAMES H BONGARD, JOAN L TRUSTEES 44212 WINDMILL DRIVE CANTON MI 48187- BUONANNI, WILLIAM STEPHEN BUONANNI, NANCYANNE PO BOX 372 CAPE CANAVERAL FL 32920-0372 9791183 CANADA INC 652 RIVERMADE AVE KINGSTON K7M 7Z6 ON - ALLEN, ROGER ALLEN, ANN 6649 VASSAR RD UNIONVILLE MI 48767-9423 ANOTHER SOUVENIR LLC 1805 WILDERNESS CIR GIBSONIA PA 15044-7437 ARDOLINO, RICHARD J ARDOLINO, BRIGITTE 2575 RIDGE ST YORKTOWN HEIGHTS NY 10598- BATERNIK, JAMES P 200 S SYKES CREEK PKWY, APT A601 MERRITT ISLAND FL 32952-3373 BEHRLE, WILLIAM H,III 8600 RIDGEWOOD AVE, #3209 CAPE CANAVERAL FL 32920-2025 BITTON, EMILY FAIWISZEWSKI, STEVE 27 CRESTWOOD DR WEST ORANGE NJ 07052-2003 BOUDEWYNS, THOMAS A BOUDEWYNS, SANDRA R 2302 LEMAY SHORES DR SAINT PAUL MN 55120-2500 BYRAM, MATTHEW 720 MULLET RD, # 411 CAPE CANAVERAL FL 32920-4547 716 SUN & SAND LLC 188 PAVEMENT RD LANCASTER NY 14086-9519 AAGAARD, CHARLES AAGAARD, DIONNE 6115 W BURRWOOD DR JANESVILLE WI 53548-8682 AMIRKHANI, MORTEZA 3245 SPARLING ST CUMMING GA 30041- ANTON, MICHAEL PAUL ANTON, SOO LEE 469 ELKWOOD TER ENGLEWOOD NJ 07631-1937 BARAN, KATHLEEN M BARAN, ERNEST M 8700 RIDGEWOOD AVE, APTA403 CAPE CANAVERAL FL 32920-2007 BEHRENS, JOSEFA F TRUSTEE 8700 RIDGEWOOD AVE UNITA306 CAPE CANAVERAL FL 32920- BEVILACQUA, JOHN A CASTELLANO, CHRISTINE 4 BEECHWOOD CIR WAPPINGERS FALLS NY 12590-4953 BLES-WEBBER, ELIZABETH 1026 LACONIAN ST SE LEESBURG VA20175-5844 BRACKETT, NORMAN K BRACKETT, MARY J 8712 JASMINE COURT CAPE CANAVERAL FL 32920- CARDINALE, MICHAELA CARDINALE, NELLY 319 E CENTRAL BLVD CAPE CANAVERAL FL 32920- Mike_DiChristopher 2430121_2430122 Page2 CHIARADIO, FRANKA CHIARADIO, LAURAA 422 LAKEPARK TRAIL OVIEDO FL 32755- COLE, TIMOTHY COLE, TINA 118 VT ROUTE 117 JERICHO VT 05465-3140 CONCETTA M BERNE TRUST 8704 JASMINE CT CAPE CANAVERAL FL 32920-2526 COPLEY, DAVID COPLEY, GRETCHEN 205NE1ST ST SATELLITE BEACH FL 32937-3762 DE CANTIS, RICHARD E DE CANTIS, ANNE M 1780 SENECA BLVD WINTER SPRINGS FL 32708- DICHRISTOPHER, MICHAELA DICHRISTOPHER, COLETTE T 1765 ROCHELLE PKWY MERRITT ISLAND FL 32952-5661 DUSCH, FRANCIS W III DUSCH, ROBIN J 104AUTUMN WAY VENETIA PA 15367- ELLIS, GARY B ELLIS, JAN H PO BOX 560985 ORLANDO FL 32856-0985 FILIMON, JOHN EARL P.O. 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L 8700 RIDGEWOOD AVE, UNIT PH1A CAPE CANAVERAL FL 32920-2005 PROPFOLIO 2 LLC 5127 S ORANGE AVE, # 201 ORLANDO FL 32809-3073 RED KEY 38 INC 805 E BLOOMINGDALE AVE, # 518 BRANDON FL 33511-8113 ROGERS, SARAH ROGERS, ROBERT 68 COUNTRY CLUB RD COCOA BEACH FL 32931-2002 ROYALL, STEPHEN ROYALL, DONNA 563 STANDREW ST W FERGUS N1M 1 P4 ON - SAMMONS, KENNETH J 8700 RIDGEWOOD AVE UNIT 204A CAPE CANAVERAL FL 32920- SILVERNAGEL, KIM M SILVERNAGEL, SCOTT 3152 BUTTERNUT CIR NW PRIOR LAKE MN 55372-2385 SMITH, KIMBERLEANN 1305 GIRARD BLVD MERRITT ISLAND FL 32952-5504 PELLAND, RICHARD RICHARD, JOHANNE 4380 DU CATAMARAN APT 102 LAVAL, QUBEC H7R 6K5 POLLACK, GLENN J POLLACK, PENNY S PO BOX 919 CAPE CANAVERAL FL 32920-0919 PRESCOTT, DORIS TRUSTEE 8700 RIDGEWOOD AVE #A303 CAPE CANAVERAL FL 32920- PROPFOLIO 2 LLC 5127 S ORANGE AVE, #201 ORLANDO FL 32809-3073 RIGGS, CORTNEY ROLAND 8700 RIDGEWOOD AVE, # A-310 CAPE CANAVERAL FL 32920-2007 ROKITWOSKI, DIANE M ROKITWOSKI, ROBERT E 242 GRACE AVE NEWARK NY 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ISLAND FL 32952- SUN SURFING LLC 6712 STONEBRIDGE BLVD CHARLESTOWN IN 47111-8830 TAYLOR, SHARON TRUSTEE 9912 W 86TH AVE ARVADA CO 80005- THOMAS, ELAINE A 75 FULTON ST, APT 21 BOSTON MA 02109-1419 TRBOVICH, DAMON,LIFE ESTATE 5409 SANDY HILL DR ORLANDO FL 32821-7916 UNDERWOOD, JAMES T UNDERWOOD, ARLENE 8700 RIDGEWOOD AVE #A211 CAPE CANAVERAL FL 32920- VOLPE, LAURIE BETH KORPICS, JENNIFER LYNN 138 BRANDON RD PENNINGTON NJ 08534-1931 WASDIN, THOMAS E TRUSTEE 29 RIVERSIDE DR PH 602 COCOA FL 32922-8211 WU, CHENG CHAI WU, SHERRY T 10225 COVE LAKE DR ORLANDO FL 32836-3757 YOUNG, GARY 5024 PLEASURE ISLAND DRIVE ORLANDO FL 32809- STINGRAY SOLUTIONS SOLO 401 K 341 CHARLES ST ROCKVILLE MD 20850-1573 TADAIR WHEATON REVOCABLE TRUST HARRIETT S WHEATON REVOCABLE TRUST 2619 CAYENNE AVE C/O CHARLES C POWELL HOLLYWOOD FL 33026-4521 TESTA, GERTHA, LIFE ESTATE MERLE 8700 RIDGEWOOD AVE, APTA209 CAPE CANAVERAL FL 32920-2006 TOWEY, JANELLE 8700 RIDGEWOOD AVE, APTA409 CAPE CANAVERAL FL 32920-2037 TREVIZAN, DANILO M TREVIZAN, NOELLE U 8397 LAKE WAVERLY LN ORLANDO FL 32829-7655 VIROK, ANNETTE M 8600 RIDGEWOOD AVE, 1304 CAPE CANAVERAL FL 32920-2025 WJOSEPH PROPERTIES INC PO BOX 755 GOTHA FL 34734-0755 WILKERSON, BRANDON LEE WILKERSON, ANGELA JEANETTE 4988 DUSON WAY ROCKLEDGE FL 32955-7003 WYROBEK, KRIS 4728 WEST LAKE HARRIET PKWY MINNEAPOLIS MN 55410- ZOLNIKOV, TARA RAVA 500 TREASURE LAGOON LN MERRITT ISLAND FL 32953-7630 Mike_DiChristopher 2430121_2430122 Page7 Prepares by and return to: • Michele Brenner Tide Agency, Inc. 400 East Merritt Avenue, Suite D Merritt island, Florida 32953 File Number. 18-14351 General Warranty Deed Made this July 2, 2018 A.D. By Robert Merkel a/k/a Robert I Meckel and Joan Meckel a/k/a Joan D. Meckel, husband and wife whose address is: 8700 Ridgewood Avenue 65A, Cape Canaveral, Florida 32920, hereinafter called the grantor, to Michael A. Dichristopber and ColetteT. Dicbristopber, husband and wife whose post office address is: 1777 Wavecrest Street, Merritt Island, Florida 32952, hereinafter called the grantee: (Whenever used bade the tam "granted end 'granted Include all the parties to this instrument ant and the hens legal representatives and assign of individuals, and the sued sots and assigns ofaarporatkm) Witoesseth, that the grantor, for and in consideration of the sums of Ten Dollars, (S 10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants,bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate In Brevard County, Florida, viz: Parcel 1: The North 76.00 feet less the West 25.00 fat 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 Recoils of Brevard County, Florida. Parcel2: Lot 21, less the North 76.00 feet and less the West 25.00 feet thereof, 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. Parcel ID Number. 2437-14-51-9-21.01 and 24-37-14-51-0-21.02 Together with all the tenements, hereditalnents and maces thereto belonging or In anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2017. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed sealed and delivered in our presence: (Seal) wheatsroe redr AR!e 0U. se O—'d-e Witness r N 49(5icolit'a! /State 14 `ori oftheitni)34 Ai Rv AuLe County ofB n, %46 eitleak The foregoing instrument was acknowledged before me this C>2. day of J , 2018, by Robert Merkel a/k/a Robert L. Merkel and Joan M i Joan D. . 1, , who Ware pars natty known me or who has produced iVir 3L:.t..t, rv,' as idemt on j/ , �, �lir I�fi�t' Vrzg11 -� '+z rZ "i/�9� 49-41 621 .` My Commission Expires: �tt��11. �ly,',9 ��2 ?:fit Robert Mecket allele itob'crt L. Meckel Address: 8700 Ridgewood Avenue 65A, Cape Canaveral, Flodda 32920 (Seal) Joan Ma Joan D. es Address: 87'-ratdgewood Avenue snit#5A, Cape Canaveral, Florida 32920 Attachment 7 Variance Worksheet In addition to the application submitted by the Applicant, and any other testimony received by the PZ Board at the hearing, the following information is provided to assist the Board in its evaluation of whether the Applicant's request meets applicable criteria. Hardship. Whenever the planning and zoning board finds that hardship may result from strict compliance with this chapter, based on applicable criteria and requirements set forth in this chapter, it may recommend to the city council that the regulations be varied so that substantial justice may be done and the public interest secured; provided that such variance will not have the effect of nullifying the intent and purpose of the comprehensive plan or these regulations. Requested Variances: 1. Sec. 98-107(b)(3) requires that corner lots have a width at least 15 percent larger than the width of interior lots along both adjacent streets. The proposed Modified Lot Split Plan proposes two lots oriented towards Ridgewood Avenue. The proposed northern lot has a width of 62.02', and the proposed southern lot has a width of 90.00 feet'. Under the proposed Modified Lot Split Plan, the proposed southern lot will be considered a corner lot, and the proposed northern lot will be considered an adjacent interior lot. The proposed corner lot has a width that is 31 percent greater than the proposed northern adjacent lot. Regarding the adjacent tax parcel to the west, the tax parcel to the west is oriented towards E. Central Boulevard, and according to the Brevard County Property Appraiser's website, the width of that tax parcel is 100'. However, the adjacent tax parcel has also not been approved by the City for development purposes (see Res. No. 2022-32). Nevertheless, to meet the 15 percent requirement, the proposed the proposed corner lot would need to have a width of 115' when compared to the adjacent tax parcel. Therefore, a variance of 25' is required as the width of the proposed corner lot is 90'. 2. Sec. 98-107(a) — states that lots will be in conformity with zoning standards in Chapter 110 of Code. As this property is zoned R-1, minimum lot dimensions are 75 feet in width, and 100 feet in depth. As proposed in the Modified Lot Split Plan, the northern lot is 62 feet in width. This represents a 13-foot reduction to the 75-foot minimum width requirement, and correspondingly, is the variance request; and 3. Sec. 98-107(d) — which states that double and reverse frontage lots should be avoided. As indicated on the proposed Modified Lot Split Plan, the proposed corner lot would be considered a double frontage lot as it has frontage on both Ridgewood Avenue, and E. Central Boulevard. Below are Staff comments regarding the requested variances against Code established criteria (Staff comments shown in red). As there are three variance requests (as indicated above), the comments will apply to the requests as indicated by: 1 (Sec. 98-107(b)(3); 2 (Sec. 98-107(a); 3 (Sec. 98-107(d). If more than one number appears, the comments apply to each variance referenced. Generally, in order to address the lot split and variance criteria, and to propose a solution to the dispute, the Applicant proposes a Modified Lot Split Plan that orients the proposed two lots towards Ridgewood Avenue; orients the proposed single-family home on the corner lot towards E. Central Boulevard; maximizes the corner lot size in order to maintain harmony with other lots along E. Central Boulevard; and, maintains the minimum 7,500 square foot lot size requirement for both proposed lots. The proposed Modified Lot Split Plan requires consideration of the afore- mentioned variance requests. 1. Special conditions and circumstances exist which are not applicable to other lands, structures or buildings in the applicable zoning classification; The City of Cape Canaveral subdivision code has always technically required the division of land into two or more parcels to be platted. However, in 2010, the City adopted an exception to the City's platting ordinance consistent with Florida Statutes to permit "lot splits," which are generally a division of land into no more than two parcels. Lot splits are adopted by the City Council by resolution rather than a plat. Notwithstanding, some property owners in Cape Canaveral, prior to 2010, apparently subdivided their land by recording deeds with the Clerk of the Court without notifying the City, and following the City's subdivision requirements. Staff has not been able to find any records indicating the Applicant's two tax parcels were authorized by the City. This unauthorized division by a previous owner, which occurred in circa 1984, resulted in the creation of seven tax parcels that are vacant, including the two tax parcels (Id. # 24- 37-14-51-9-21.01 and Id. # 24-37-14-51-9-21.02) owned by the Applicant. These two tax parcels were sold several times before the Applicant acquired them in 2018. The two tax parcels together only constitute a portion of the platted original lot (Lot 21), and no longer comply with City subdivision standards. The westernmost 25.00 feet of the original Lot 21 is under different ownership (Charles Pindziak), and the Applicant is not in a position to reassemble Lot 21. Additionally, the subject property is a corner lot with two frontages along E. Central Boulevard and Ridgewood Avenue, which requires the corner lot to meet a larger 25-foot setback along two property lines, rather than one for a typical lot with only one frontage. The subject property also has a curved radius along the southeast corner further constraining the size, location, and dimensions of a future building envelope. The general area contains lots that are zoned R-1, and have been developed with existing single-family homes over the course of several decades, even though the City has no records of these lots being approved by the City. In addition, while there are five other vacant tax parcels that were created from the unauthorized splits in circa 1984 by Charles Pindziak, the City is not aware that any of these tax parcels being sold to other parties (1/2/3). 2. The special conditions and circumstances do not result from the actions of the Applicant; The special conditions and circumstances do not result from the actions of the Applicant. See Staff response to Criteria 1 above (1/2/3). 3. Granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands or structures in the identical zoning classification; Should the Modified Lot Split Plan and subject variances be approved, the Petitioner will be authorized to construct one detached, single-family home on each of the two proposed lots. Each of the proposed lots meet the minimum 7,500 square foot requirement for R-1 zoned properties. The detached single-family home use is a use that other R-1 property owners in the area enjoy. In addition, the proposed Modified Lot Split Plan requires the proposed single-family home on the proposed corner lot be oriented towards E. Central Boulevard, in a manner similar to other lots on E. Central Boulevard. With respect to the northern lot, the proposed Modified Lot Split Plan requires the proposed single-family home to be oriented towards Ridgewood Avenue, in a manner consistent with other lots fronting Ridgewood Avenue (1/2/3). 4. Literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant; In Sec. 98-1 of Code, Hardship is defined as "an unnecessary inability to use the applicant's land in accordance with the zoning ordinances and laws or land use ordinances which exists due to conditions or circumstances peculiar to the applicant's land and does not result from the actions of the applicant." The two tax parcels owned by the Applicant were created under conditions or circumstances peculiar to the Applicant's land, and not resulting from the Applicants actions. The history of the subject land is described in detail in the City Council's Development Order (Attachment 1). The general area contains lots that are zoned R-1, and have been developed for residential purposes, even though the City has no record of many of these lots being approved by the City. Should the Modified Lot Split Plan and subject variances be approved, the Petitioner will be authorized to construct one detached, single- family home on each of the proposed two lots, which satisfy the minimum square footage requirement. This is a use that other R-1 property owners in the area enjoy (1/2/3). 5. The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; If the Board is inclined to approve the Modified Lot Split Plan, the proposed variances are the minimum needed to maximize the corner lot while maintaining the minimum 7,500 square foot lot size requirement for both proposed lots (1/2). 6. The granting of the variance will be in harmony with the general intent and purpose of this chapter and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The surrounding area is characterized by a variety of single and multi -family residential development. Zoning surrounding the subject parcel is: R-1 to the north, south and west; and R-3 to the east. The proposed Modified Lot Split Plan and variances will not result in development having an adverse impact on the local road network, water, sewer, and other public services, and will promote the orderly layout and use of land by maintaining the minimum 7,500 square foot lot size requirement, and orienting the proposed single-family home on the proposed northern lot to Ridgewood Avenue, and the proposed home on the corner lot towards E. Central Boulevard. The proposed Modified Lot Split Plan will facilitate a use consistent with the single-family residential uses in the immediate area, and as stipulated in the Settlement Agreement, each single-family home shall have a minimum building footprint of 2,000 square feet, similar to existing homes in the area. Furthermore, the Settlement Agreement stipulates that in order to maintain the orientation of homes in the immediate area towards E. Central Boulevard, the proposed home on the corner lot shall be oriented towards E. Central Boulevard. The size of the corner lot was maximized to maintain harmony with other lots along E. Central Boulevard, while maintaining the minimum 7,500 square foot lot size requirement for both proposed lots. The proposed lots are generally consistent with many of the lots in the surrounding area (1/2/3). Attachment 8 Memo Community + Economic Development TO: City Council VIA: Todd Morley, City Manager FROM: David Dickey, Community and Economic Development Director DATE: July 28, 2023 RE: P&Z Board —July 26, 2023 Meeting Summary At its July 28, 2023 Regular Meeting, the Planning and Zoning Board (Board) considered a Modified Lot Split Application, and three (3) associated variances for property owner by Mike and Collette DiChristopher (Parcel IDs 24-37-14-51-9-21.01 and 24-37-14-51-9-21.02). The Board voted to recommend to the City Council: 1. To approve a variance to the provision that the creation of double or reverse frontage lots should be avoided (as it relates to the corner lot). 2. To deny a variance of 25' to the required width of 115' of the proposed corner lot. This will result in an approved width for the corner lot of 90', 3. To deny a variance of 13' to the required width of 75' for the proposed northern lot. This will result in an approved width for the northern lot of 62', and 4. To deny the proposed Modified Lot Split Plan. Please let me know if you have any questions. Xc: Anthony Garganese, City Attorney BCPAO - MapView Attachment 9 7/26/23, 4:47 PM No Photo Account: 2430121 Parcel ID: 24-37-14-51-9-21.01 Sale: 7/2/2018 $420,000 BCPAO Market Value: $180,860 Owners: DICHRISTOPHER, MICHAEL A; DICHRISTOPHER, COLETTE T — Address: NONE Zoom I Clear Details I EagleView I Hide Info BCPAODana Blickley, CFA, Brevard County Property Appraiser I Instructions I Disclaimer httne.11w w hrnan ns/man/7r=2430121 1/1 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 15, 2023 AGENDA ITEM SUMMARY • ITEM # 9 Subject: City of Cape Canaveral collected Transportation Impact Fees Department: City Council Summary: In the past the City of Cape Canaveral has entered into inter local agreements with Brevard County regarding the Transportation Impact Fees collected from development projects within the City of Cape Canaveral. These fees have been utilized for specified City development projects such as Central Blvd improvements and future Thurm Blvd improvements that were and are certainly needed. I would like to have the City of Cape Canaveral staff research and execute agreements with Brevard County such as a Transportation Impact Fee Trust Fund Disbursement Agreement to earmark some, any required amounts, or all future transportation impact fees to be allocated for priority projects along A1A and other local road improvements in conjunction with FDOT. These funds should also be considered for use in pedestrian safety improvements throughout the city and other discretionary projects. Submitting Council Member: Council Member Willis Attachments: 1. West Central Complete Streets 5-3-2018 2. 0653_001 3. 2018 TIF Interlocal Attachment 1 TRANSPORTATION IMPACT FEE TRUST FUND DISBURSEMENT AGREEMENT Between BREVARD COUNTY and CAPE CANAVERAL, FLORIDA for construction of a CENTRAL AVENUE COMPLETE STREETS PROJECT in the amount of $1,435,000.00 PROVIDING FOR FUNDING AND ADMINISTRATION OF IMPACT FEE PROJECTS This is an Agreement between: BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as "COUNTY," through its Board of County Commissioners, and CAPE CANAVERAL, FLORIDA, a Florida municipal corporation, its successors and assigns, hereinafter referred to as "CITY". WITNESSETH that, for and in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY agree as follows: ARTICLE I DEFINITIONS AND IDENTIFICATIONS For the purposes of this Agreement and the various covenants, conditions, terms and provisions which follow, the DEFINITIONS and IDENTIFICATIONS set forth below are assumed to be true and correct and are agreed upon by the parties. 1.1 ASSURANCES: means those assurances made by CITY to COUNTY specifically set forth in this Agreement. 1.2 CITY: means and refers to the City of Cape Canaveral, Florida, a Florida municipal corporation. 1.3 COUNTY: means and refers to Brevard County, Florida, a political subdivision of the State of Florida. 1.4 DEPARTMENT: means the Finance Department of Brevard County, Florida. 1.5 DIVISION: means the Planning and Development Department of Brevard County, Florida. 1.6 IMPACT FEE PROGRAM OR PROGRAM: means Chapter 62, Article V, Division 4, Sections 62-801 through 62-819 of the Code of Ordinances of Brevard County, Florida. 1.7 INTERLOCAL AGREEMENT: means and refers to that agreement between Brevard County, Florida, and the City of Cape Canaveral, Florida, dated March 6, 1990, providing for participation in the Brevard County Transportation Impact Fee Program. 1.8 PROGRAM INTEREST: means interest generated from TIFT funds after receipt by CITY. 1.9 PROJECT(S): means the project or projects set forth in Article III hereof, and Exhibit "A" entitled "Project Description". 1.10 TIFT FUNDS: means the Transportation Impact Fee Trust; the monies given to CITY pursuant to the terms of this Agreement. ARTICLE II PREAMBLE In order to establish the background, context and frame of reference for this Agreement and to generally express the objectives and intentions of the respective parties herein, the following statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 2.1 Chapter 62, Article V, Division 4, Sections 62-801 through 62-819 of the Code of Ordinances of Brevard County, Florida, incorporated herein by reference, provides for the imposition of the Transportation Impact Fee and sets forth the manner and amount for collection and use of funds. 2.2 Pursuant to interlocal agreement dated March 6, 1990, incorporated herein by reference, the COUNTY and CITY have coordinated the collection of Transportation Impact Fees and participated in the process for project recommendations to the Board of County Commissioners of Brevard County, Florida. 2.3 Under Chapter 62, Article V, Division 4, Sections 62-801 through 62-819 of the Code of Ordinances of Brevard County, Florida and interlocal agreement, COUNTY is administrator for the Program and COUNTY is mandated to comply with various statutes, rules and regulations as to the allocation of expenditure of funds. 2.4 COUNTY is desirous of disbursing TIFT Funds to CITY. However, as administrator for the Program, COUNTY desires to obtain the assurances from CITY and CITY so assures 1 COUNTY, that CITY will comply with all state and local statutes, rules and regulations and applicable codes and regulations as made known to the CITY relating to the Project(s) and the Program, as a condition precedent to the release of such funds to CITY. ARTICLE III PROJECT(S) CITY hereby agrees to provide and implement the following eligible Project(s): This project includes the design, engineering and construction of street, pedway and sidewalk improvements on West Central Boulevard and Thurm Boulevard in Cape Canaveral, Florida. From Merritt Island/North Beaches TIFT Fund. Such Project(s) is(are) more specifically described and set forth in Exhibit "A", attached hereto and by this reference made a part hereof. ARTICLE IV FUNDING AND METHOD OF PAYMENT 4.1 The amount payable by COUNTY under this Agreement shall be $1,435,000.00. 4.2 Following execution of this Agreement and within sixty days following receipt of transportation impact fees from the Hampton/Home2 hotel project located at 9004 Astronaut Boulevard and the Springhill Suites hotel project located at 8701 Astronaut Boulevard, the Planning and Development Departalent Director or designee shall provide written notice to Department for the disbursement of TIFT Funds in the amount of $1,435,000.00. ARTICLE V RECORDS 5.1 The COUNTY and the CITY shall have the reciprocal right to review the records of the other as to receipt, allocation and expenditure of Impact Fees, including records as to bid awards and purchase orders. All such inspections shall be made upon reasonable notice and at a reasonable time and place. Upon a request to review or obtain copies of records by one party to the other hereunder, the party responding to a request for review shall furnish assistance as well as copies of appropriate records for the project to the requesting party. 2 5.2 If CITY has awarded a contract to an independent contractor to perform Project(s) services, CITY shall submit to COUNTY, if requested, a certified copy of the contractor's invoices stating the services rendered and the date the services were rendered specifically identifying TIFT Funds used. 5.3 CITY agrees to furnish to the Planning and Development Department Director, status reports on November 1 of each year identifying the interest accrued, the expenditures to date and the project progress. ARTICLE VI ASSURANCES 6.1 CITY hereby agrees to comply with all applicable state and local laws, ordinances, and codes and regulations. Any conflict or inconsistency between state or local guidelines and regulations and this Agreement shall be resolved in favor of the more restrictive regulations. 6.2 CITY hereby gives COUNTY, through its authorized representative, access to and the right to examine all records, books, papers, or documents relating to the Project(s). 6.3 CITY hereby agrees to maintain books, records and documents in accordance with standard accounting procedures and practices of the CITY which sufficiently and properly reflect all expenditures of funds provided by COUNTY under this Agreement. 6.4 CITY agrees to expend TIFT funds allocated to the Project(s) by the expiration date in Article VIII. All TIFT funds not expended within the term of this Agreement shall be returned to the custody and control of the COUNTY. An administrative extension, if requested prior to expiration, may be granted by the Planning and Development Department Director for a period not to exceed one hundred eighty (180) days if just cause is shown. 6.5 CITY agrees to complete each project identified in this agreement. In the event TIFT Funds are not sufficient, the CITY may submit to the COUNTY a request for additional revenue from the TIFT Funds. However, if additional revenue is not provided pursuant to that request, the CITY agrees to utilize its independent resources to complete the project. 6.6 CITY hereby agrees that if it has directly and knowingly caused any funds to be expended in violation of the Agreement, it shall be responsible to refund such monies in full to COUNTY. 6.7 CITY agrees to return to the Department the unexpended TIFT Funds no later that sixty (60) days following the expiration date in Article VIII or within sixty (60) days following an administrative extension under Section 6.4, if applicable, along with a completed Form B, attached hereto and by this reference made a part hereof. An administrative extension for the return of funds, if requested prior to the sixty (60) day expiration period, may be granted by the Planning and Development Department Director for a period not to exceed sixty (60) days if just cause is shown. 6.8 Program interest generated as a result of receipt of TIFT Funds may be retained by CITY provided that this interest shall be added to TIFT Funds committed to the Project(s) by 3 the CITY and used in conjunction with the original allocation to further the eligible project objective. Expenditure of program interest is subject to the terms of this Agreement with Brevard County. Any remaining TIFT funds, including the amount of interest generated in a contract period if not expended for the approved Project(s) shall be returned to COUNTY and shall be placed back in TIFT account for benefit of the Merritt Island/North Beaches Benefit District within the time periods provided in Section 6.7. 6.9 CITY hereby agrees and understands that all funding authorization through a TIFT Fund shall be used only for eligible activities specifically outlined in this Agreement. Revenues shall not be utilized for correcting deficiencies. They shall be utilized to fund the future capacity components for transportation facilities identified in Exhibit "A". 6.10 CITY hereby agrees to submit to the Planning and Development Department within sixty (60) days of the completion of each Project(s), as set out in Article III, a complete financial accounting of all its Project(s) activities, as provided on Exhibit "B", attached hereto and by reference made a part hereof. ARTICLE VII INDEMNIFICATION CLAUSE CITY, to the extent allowed by law, will at all times hereafter indemnify and hold harmless, COUNTY, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation or property, by virtue of the CITY's willful failure to perform any obligation or undertaking of the CITY as set forth in this Agreement. ARTICLE VIII TERM OF AGREEMENT This agreement shall commence on the day the Division Director provides written Notice to Department for the disbursement of TIFT Funds and shall terminate on September 30, 2025. ARTICLE IX TERMINATION 9.1 If, through any cause, CITY fails to commence work on the project, or fails to fulfill in timely and proper manner its obligations under this Agreement, or if CITY shall violate any of the covenants, agreements, or stipulations of this Agreement, COUNTY shall thereupon have the right to terminate this Agreement and may require the return of funds expended or committed for expenditure in violation of this agreement by giving written notice to CITY of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of termination. If just cause is shown prior to termination, the Planning and Development Department Director may specify in writing the actions that must be taken by CITY and a reasonable date for compliance; as a 4 condition to avoid termination. In no event can the Agreement date be extended beyond the periods provided in this Agreement without amendment to the Agreement executed with the same formality and of equal dignity herewith. 9.2 In the event of termination, upon request by the COUNTY, copies of all finished or unfinished documents, data studies, surveys, drawings, maps, models, reports prepared, and any other like documents secured by CITY with TIFT Funds under this Agreement shall be provided to COUNTY. 9.3 In the best interests of the program and in order to better serve the people in the impact fee districts and fulfill the purposes of the Act, either party may terminate this Agreement upon giving thirty (30) days notice in writing of its intent to terminate, stating its reasons for doing so. In the event CITY or COUNTY terminates the Agreement, CITY shall refund COUNTY, all unexpended and unencumbered TIFT Funds received and interest accrued therefrom. 9.4 The parties hereby agree that the following events are sufficient cause for termination of the Agreement. Such events include, but are not limited to: a. Improper use of TIFT Funds; b. Failure to comply with the terms of this Agreement. ARTICLE X INDEPENDENT CONTRACTOR CITY is an independent contractor under this Agreement. Services provided by CITY are subject to supervision by CITY and employees or service providers shall not be deemed officers, employees, or agents of Brevard County. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of CITY, which shall not conflict with COUNTY, or state rules or regulations relating to the use of TIFT Funds. ARTICLE XI ALL PRIOR DISBURSEMENT AGREEMENTS SUPERSEDED This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the disbursement matters contained herein, and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written regarding disbursements unless specifically incorporated into this agreement by writing. This agreement does not supersede Interlocal Agreement signed on March 6, 1990. 5 ARTICLE XII NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. The parties designate the following as the respective places for giving of notice to - wit: FOR COUNTY: Director Planning and Development Department 2725 Judge Fran Jamieson Way Viera, Florida 32940 FOR CITY: City Manager City of Cape Canaveral Post Office Box 326 Cape Canaveral, Florida 32920 ARTICLE XIII AMENDMENTS COUNTY may amend this Agreement, if required by legislation, to conform with mandates in state guidelines, directives, and objectives relating to the use of TIFT Funds. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the Board of County Commissioners. Such amendment will not affect specific activities commenced under this agreement prior to amendment which were in compliance at the time of commencement. CITY shall be notified pursuant to ARTICLE XII and such notification shall constitute an official amendment. No other modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. ARTICLE XIV CONFLICT OF INTEREST CITY covenants that no person who presently exercises any functions or responsibilities in connection with the Project(s) has any personal financial interest, direct or indirect, in the Project(s) during this tenure which would conflict in any manner or degree with the performance of this Agreement, and that no person having any conflicting interest shall be employed or subcontracted. Any possible conflicting interest on the part of CITY or its employees shall be disclosed in writing to the Division. 6 ARTICLE XV SEVERABILITY If this Agreement contains any unlawful provisions not an essential part of this Agreement and which shall not appear to have a controlling or material inducement to the making thereof, such provisions shall be deemed of no effect and shall, upon notice by either party, be deemed stricken from this Agreement without affecting the binding force of the remainder of the Agreement. IN WITNESS WHEREOF, this Agreement has been fully executed on behalf of the COUNTY and CITY by their duly authorized representatives on the respective dates below. BREVARD COUNTY BOARD OF ATTEST: COUNTY COMMISSIONERS Scott Ellis, Clerk Rita Pritchett, Chair ATTEST: As approved by the Board of County Commissioners on May 22, 2018. CITY OF CAPE CANAVERAL, FLORIDA Mia Goforth, CMC, City Clerk David L. Greene, City Manager Date: , 2018 7 STATE OF FLORIDA § COUNTY OF BREVARD § The foregoing instrument was acknowledged before me this day of , 2018 by Rita Pritchett, Chair of the Board of County Commissioners of Brevard County, Florida, who is personally known to me or produced as identification and who did take an oath. NOTARY PUBLIC - State of Florida STATE OF FLORIDA § COUNTY OF BREVARD § The foregoing instrument was acknowledged before me this day of , 2018 by David L. Greene, City Manager of the City of Cape Canaveral, Florida, who is personally known to me or produced as identification and who did take an oath. NOTARY PUBLIC - State of Florida 8 EXHIBIT "A" PROJECT(S) DESCRIPTION This project includes the design, engineering and construction of the Central Avenue Complete Streets Project in the City of Cape Canaveral, Florida. The proposed scope of work includes but is not limited to the right-of-way acquisition, purchase of professional engineering and design services, related permitting and administrative expenses, and construction services and materials for the completion of the following tasks along West Central Boulevard and Thurm Boulevard, a distance of approximately 4,940 linear feet. Tasks include but are not limited to the following: • Construct an 8-foot wide pedway where appropriate; • Construct a 6-foot wide sidewalk where appropriate; • Replace concrete curbing where necessary; • Mill and resurface West Central Boulevard from Thurm Boulevard to Astronaut Boulevard; • Install solar -powered LED street lighting along both sides of roadway; • Plant native vegetation "islands" along the roadway; • Install pedestrian benches and trash receptacles along the sidewalks; • Relocate sanitary sewer lines in the West Central Boulevard right-of-way; and • Miscellaneous Striping, Signage and Upgraded Paving as needed. The scope of this project is consistent with the City of Cape Canaveral's Comprehensive Plan and Vision Statement, as well as, Resolution 2011-09, which the City Council adopted to establish a "Complete Streets" policy. The project is contained in the City's Capital Improvements Plan. From Merritt Island/North Beaches TIFT Fund. 9 EXHIBIT "B" FINAL ACCOUNTING FOR PROJECT Project Name: West Central Boulevard Complete Streets Improvements From Merritt Island/North Beaches TIFT Fund Date Impact Fee Project Program Unexpended Activity Check # Deposit Expense Interest* Funds Totals * Based on SBA Interest Rate applicable to each month. BOARD OF COUNTY COMMISSIONERS Attachment 2 FLORIDA'S SPACE COAST Kimberly Powell, Clerk to the Board, 400 South Street • P.O. Box 999, Titusville, Florida 32781-0999 August 31, 2022 MEMORANDUM TO: Tad Calkins, Planning and Development Director Telephone: (321) 637-2001 Fax: (321) 264-6972 Kimberly.Powell@brevardclerk.us RE: Item F.4., Approval of Transportation Impact Fee Trust Fund Disbursement Agreement with City of Cape Canaveral and Technical Advisory Committee Recommendations for the Merritt Island/North Beaches Benefit District The Board of County Commissioners, in regular session on August 30, 2022, approved and authorized the Chair to execute a Transportation Impact Fee Trust Fund Disbursement Agreement; appropriated up to $1,200,000 to the City of Cape Canaveral; and authorized the Budget Office to execute any budget changes required to implement project appropriations. Enclosed is a fully -executed Agreement. Upon recordation, please return the recorded Agreement to this office for inclusion in the official minutes. Your continued cooperation is always appreciated. Sincerely, BOARD OF C,UNTY COMMISSIONERS RACHEL MSADOFF CLR1 Kimberly Powell, Clerk io the Board /sm Encls. (1) cc: Budget Finance PRINTED ON RECYCLED PAPER TRANSPORTATION IMPACT FEE TRUST FUND DISBURSEMENT AGREEMENT Between BREVARD COUNTY and CAPE CANAVERAL, FLORIDA for construction of a THURM BOULEVARD COMPLETE STREETS in the amount of $1,200,000.00 PROVIDING FOR FUNDING AND ADMINISTRATION OF IMPACT FEE PROJECTS This is an Agreement between: BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as "COUNTY," through its Board of County Commissioners, and CAPE CANAVERAL, FLORIDA, a Florida municipal corporation, its successors and assigns, hereinafter referred to as "CITY". WITNESSETH that, for and in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS For the purposes of this Agreement and the various covenants, conditions, tams and provisions which follow, the DEFINITIONS and IDENTIFICATIONS set forth below are assumed to be time and correct and are agreed upon by the parties. 1.1 ASSURANCES: means those assurances made by CITY to COUNTY specifically set forth in this Agreement. 1.2 CITY: means and refers to the City of Cape Canaveral, Florida, a Florida municipal corporation. 1.3 COUNTY: means and refers to Brevard County, Florida, a political subdivision of the State of Florida. 1.4 DEPARTMENT: means the Finance Department of Brevard County, Florida. 1.5 DIVISION: means the Planning and Development Department of Brevard County, Florida. 1.6 IMPACT FEE PROGRAM OR PROGRAM: means Chapter 62, Article V, Division 4, Sections 62-801 through 62-819 of the Code of Ordinances of Brevard County, Florida. 1.7 INTERLOCAL AGREEMENT: means and refers to that agreement between Brevard County, Florida, and the City of Cape Canaveral, Florida, dated March 6, 1990, providing for participation in the Brevard County Transportation Impact Fee Program. 1.8 PROGRAM INTEREST: means interest generated from TIFT funds after receipt by CITY. 1.9 PROJECT(S): means the project or projects set forth in Article Ill hereof, and Exhibit "A" entitled "Project Description". 1.10 TIFT FUNDS: means the Transportation Impact Fee Trust; the monies given to CITY pursuant to the terms of this Agreement. ARTICLE 11 PREAMBLE In order to establish the background, context and frame of reference for this Agreement and to generally express the objectives and intentions of the respective parties herein, the following statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 2.] Chapter 62, Article V, Division 4, Sections 62-801 through 62-819 of the Code of Ordinances of Brevard County, Florida, incorporated herein by reference, provides for the imposition of the Transportation Impact Fee and sets forth the manner and amount for collection and use of funds. 2.2 Pursuant to interlocal agreement dated March 6, 1990, incorporated herein by reference, the COUNTY and CITY have coordinated the collection of Transportation Impact Fees and participated in the process for project recommendations to the Board of County Commissioners of Brevard County, Florida. 2.3 Under Chapter 62, Article V, Division 4, Sections 62-801 through 62-819 of the Code of Ordinances of Brevard County, Florida and interlocal agreement, COUNTY is 1 administrator for the Program and COUNTY is mandated to comply with various statutes, rules and regulations as to the allocation of expenditure of funds. 2.4 COUNTY is desirous of disbursing TIFT Funds to CITY. However, as administrator for the Program, COUNTY desires to obtain the assurances from CITY and CITY so assures COUNTY, that CITY will comply with all state and local statutes, rules and regulations and applicable codes and regulations as made known to the CITY relating to the Project(s) and the Program, as a condition precedent to the release of such funds to CITY. ARTICLE 111 PROJECT(S) CITY hereby agrees to provide and implement the following eligible Project(s): Thurm Boulevard Complete Streets - The proposed scope of work includes but is not limited to the purchase of professional engineering and design services, related permitting and administrative expenses, and construction services and materials for the completion of the following tasks along Thurm Boulevard, between W. Central Boulevard and Astronaut Boulevard, a distance of approximately 3,400 linear feet. Tasks include but are not limited to the following: • Demolition of existing improvements including pavement, curbing, catch basins, sidewalk, etc. • Construct an 8-foot wide pedway where appropriate; • Construct a 5-foot wide sidewalk where appropriate; • Replace concrete curbing where necessary; • Replace water and storm sewer (HDPE) lines where necessary; • Mill and resurface Thurm Boulevard from W. Central to Astronaut Boulevard; • Install solar -powered LED street lighting along the roadway; • Plant native vegetation "islands" along the roadway; • Install pedestrian benches and trash receptacles along the sidewalks; • Relocate sanitary sewer lines in the Thurm Boulevard right-of-way; and • Miscellaneous Striping, Signage and Upgraded Paving as needed. — From Merritt Island/North Beaches TIFT Fund. Such Project(s) is(are) more specifically described and set forth in Exhibit "A", attached hereto and by this reference made a part hereof ARTICLE IV FUNDING AND METHOD OF PAYMENT 2 4.1 The amount payable by COUNTY under this Agreement shall be $1,200,000.00. 4.2 Following execution of this Agreement and within sixty days following receipt of transportation impact fees from the Hyatt Place at 9009 Astronaut Boulevard, the Holiday Inn Express at 995 Shorewood Drive, and the TownePlace Suites at 605 W. Central Boulevard, the Planning and Development Department Director or designee shall provide written notice to Department for the disbursement of TIFT Funds in the amount of $1,200,000.00. ARTICLE V RECORDS 5.1 The COUNTY and the CITY shall have the reciprocal right to review the records of the other as to receipt, allocation and expenditure of Impact Fees, including records as to bid awards and purchase orders. All such inspections shall be made upon reasonable notice and at a reasonable time and place. Upon a request to review or obtain copies of records by one party to the other hereunder, the party responding to a request for review shall furnish assistance as well as copies of appropriate records for the project to the requesting party. 5.2 If CITY has awarded a contract to an independent contractor to perform Project(s) services, CITY shall submit to COUNTY, if requested, a certified copy of the contractor's invoices stating the services rendered and the date the services were rendered specifically identifying TIFT Funds used. 5.3 CITY agrees to furnish to the Planning and Development Department Director, status reports on November 1 of each year identifying the interest accrued, the expenditures to date and the project progress. ARTICLE VI ASSURANCES 6.1 CITY hereby agrees to comply with all applicable state and local laws, ordinances, and codes and regulations. Any conflict or inconsistency between state or local guidelines and regulations and this Agreement shall be resolved in favor of the more restrictive regulations. 6.2 CITY hereby gives COUNTY, through its authorized representative, access to and the right to examine all records, books, papers, or documents relating to the Project(s). 6.3 CITY hereby agrees to maintain books, records and documents in accordance with standard accounting procedures and practices of the CITY which sufficiently and properly reflect all expenditures of funds provided by COUNTY under this Agreement. 3 6.4 CITY agrees to expend TIFT funds allocated to the Project(s) by the expiration date in Article VIII. All TIFT funds not expended within the term of this Agreement shall be returned to the custody and control of the COUNTY. An administrative extension, if requested prior to expiration, may be granted by the Planning and Development Department Director for a period not to exceed one hundred eighty (180) days if just cause is shown. 6.5 CITY agrees to complete each project identified in this agreement. In the event TIFT Funds are not sufficient, the CITY may submit to the COUNTY a request for additional revenue from the TIFT Funds. However, if additional revenue is not provided pursuant to that request, the CITY agrees to utilize its independent resources to complete the project. 6.6 CITY hereby agrees that if it has directly and knowingly caused any funds to be expended in violation of the Agreement, it shall be responsible to refund such monies in full to COUNTY. 6.7 CITY agrees to return to the Department the unexpended TIFT Funds no later that sixty (60) days following the expiration date in Article VIII or within sixty (60) days following an administrative extension under Section 6.4, if applicable, along with a completed Form B, attached hereto and by this reference made a part hereof. An administrative extension for the return of funds, if requested prior to the sixty (60) day expiration period, may be granted by the Planning and Development Department Director for a period not to exceed sixty (60) days if just cause is shown. 6.8 Program interest generated as a result of receipt of TIFT Funds may be retained by CITY provided that this interest shall be added to TIFT Funds committed to the Project(s) by the CITY and used in conjunction with the original allocation to further the eligible project objective. Expenditure of program interest is subject to the terms of this Agreement with Brevard County. Any remaining TIFT funds, including the amount of interest generated in a contract period if not expended for the approved Project(s) shall be returned to COUNTY and shall be placed back in TIFT account for benefit of the Merritt Island/North Beaches Benefit District within the time periods provided in Section 6.7. 6.9 CITY hereby agrees and understands that all funding authorization through a TIFT Fund shall be used only for eligible activities specifically outlined in this Agreement. Revenues shall not be utilized for correcting deficiencies. They shall be utilized to fund the future capacity components for transportation facilities identified in Exhibit "A". 6.10 CITY hereby agrees to submit to the Planning and Development Department within sixty (60) days of the completion of each Project(s), as set out in Article Ill, a complete financial accounting of all its Project(s) activities, as provided on Exhibit "B", attached hereto and by reference made a part hereof. 4 ARTICLE VII INDEMNIFICATION CLAUSE CITY, to the extent allowed by law, will at all times hereafter indemnify and hold harmless, COUNTY, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation or property, by virtue of the CITY's willful failure to perform any obligation or undertaking of the CITY as set forth in this Agreement. ARTICLE VIII TERM OF AGREEMENT This agreement shall commence on the day the Division Director provides written Notice to Department for the disbursement of TIFT Funds and shall terminate on September 30, 2027. ARTICLE IX TERMINATION 9.1 If, through any cause, CITY fails to commence work on the project, or fails to fulfill in timely and proper manner its obligations under this Agreement, or if CITY shall violate any of the covenants, agreements, or stipulations of this Agreement, COUNTY shall thereupon have the right to terminate this Agreement and may require the return of funds expended or committed for expenditure in violation of this agreement by giving written notice to CITY of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of termination. If just cause is shown prior to termination, the Planning and Development Department Director may specify in writing the actions that must be taken by CITY and a reasonable date for compliance; as a condition to avoid termination. In no event can the Agreement date be extended beyond the periods provided in this Agreement without amendment to the Agreement executed with the same formality and of equal dignity herewith. 9.2 In the event of termination, upon request by the COUNTY, copies of all finished or unfinished documents, data studies, surveys, drawings, maps, models, reports prepared, and any other like documents secured by CITY with TIFT Funds under this Agreement shall be provided to COUNTY. 9.3 In the best interests of the program and in order to better serve the people in the impact fee districts and fulfill the purposes of the Act, either party may terminate this Agreement upon giving thirty (30) days notice in writing of its intent to terminate, stating its reasons 5 for doing so. In the event CITY or COUNTY terminates the Agreement, CITY shall refund COUNTY, all unexpended and unencumbered TIFT Funds received and interest accrued therefrom. 9.4 The parties hereby agree that the following events are sufficient cause for termination of the Agreement. Such events include, but are not limited to: a. Improper use of TIFT Funds; b. Failure to comply with the terms of this Agreement. ARTICLE X INDEPENDENT CONTRACTOR CITY is an independent contractor under this Agreement. Services provided by CITY are subject to supervision by CITY and employees or service providers shall not be deemed officers, employees, or agents of Brevard County. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of CITY, which shall not conflict with COUNTY, or state rules or regulations relating to the use of TIFT Funds. ARTICLE X1 ALL PRIOR DISBURSEMENT AGREEMENTS SUPERSEDED This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the disbursement matters contained herein, and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written regarding disbursements unless specifically incorporated into this agreement by writing. This agreement does not supersede Interlocal Agreement signed on March 6, 1990. ARTICLE XII NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place specified, and the place for giving of notice shall remain such 6 until it shall have been changed by written notice in compliance with the provisions of this paragraph. The parties designate the following as the respective places for giving of notice to - wit: FOR COUNTY: Director Planning and Development Department 2725 Judge Fran Jamieson Way Viera, Florida 32940 FOR CITY: City Manager City of Cape Canaveral Post Office Box 326 Cape Canaveral, Florida 32920 ARTICLE XIII AMENDMENTS COUNTY may amend this Agreement, if required by legislation, to conform with mandates in state guidelines, directives, and objectives relating to the use of TIFT Funds. Such amendments shall be incorporated by written amendment as a pan of this Agreement and shall be subject to approval of the Board of County Commissioners. Such amendment will not affect specific activities commenced under this agreement prior to amendment which were in compliance at the time of commencement. CITY shall be notified pursuant to ARTICLE XII and such notification shall constitute an official amendment. No other modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. ARTICLE XIV CONFLICT OF INTEREST CITY covenants that no person who presently exercises any functions or responsibilities in connection with the Project(s) has any personal financial interest, direct or indirect, in the Project(s) during this tenure which would conflict in any manner or degree with the performance of this Agreement, and that no person having any conflicting interest shall be employed or subcontracted. Any possible conflicting interest on the part of CITY or its employees shall be disclosed in writing to the Division. 7 ARTICLE XV SEVERABILITY If this Agreement contains any unlawful provisions not an essential part of this Agreement and which shall not appear to have a controlling or material inducement to the making thereof, such provisions shall be deemed of no effect and shall, upon notice by either party, be deemed stricken from this Agreement without affecting the binding force of the remainder of the Agreement. IN WITNESS WHEREOF, this Agreement has been fully executed on behalf of the COUNTY and CITY by their duly authorized representatives on the respective dates below. ATTEST: BREVARD COUNTY BOARD OF 'OUNTY COhr1 N 1 I'SSIONERS Kt e Cold s, t CITY OF CAPE CANAVERAL, FLORIDA Orley, City Mana Date 8 STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this) day of . cly (,,,- 2022 by Kristine /onka, Chair of the Board of County Commissioners of BFevard County, Florida, who rsol produced as identification ication. and who did take an oath. DEBORAH W. THOMAS Notary Public - State of Florida Commission # HH 017658 My Comm. Expires Jul 5, 2024 Bonded through National Notary Assn. STATE OF FLORIDA COUNTY OF BREVARD NOTARY PUBLIC - State of Florida The foregoing instrument was acknowledged before me this to day of 2022 by Todd Morley, City Manager of Cape Canaveral, Florida, who i 1)c •sala y Ml i lto me or produced as ...... identification and who did to can oats. 9 NOTARY PUBLIC - State of Florida PATRICIA ANN ROTH MY COMMISSION # HH 001077 EXPIRES: May 18, 2024 Bonded Thru Notary Public Underwriters EXHIBIT "A" PROJECT DESCRIPTION This project includes the design, engineering and construction of the Thurm Boulevard Complete Streets Project in the City of Cape Canaveral, Florida. The proposed scope of work includes but is not limited to the purchase of professional engineering and design services, related permitting and administrative expenses, and construction services and materials for the completion of the following tasks along Thurm Boulevard, between W. Central Boulevard and Astronaut Boulevard, a distance of approximately 3,400 linear feet. Tasks include but are not limited to the following: • Demolition of existing improvements including pavement, curbing, catch basins, sidewalk, etc. • Construct an 8-foot wide pedway where appropriate; • Construct a 5-foot wide sidewalk where appropriate; • Replace concrete curbing where necessary; • Replace water and storm sewer (HDPE) lines where necessary; • Mill and resurface Thurm Boulevard from W. Central to Astronaut Boulevard; • Install solar -powered LED street lighting along the roadway; • Plant native vegetation "islands" along the roadway; • Install pedestrian benches and trash receptacles along the sidewalks; • Relocate sanitary sewer lines in the Thurm Boulevard right-of-way; and • Miscellaneous Striping, Signage and Upgraded Paving as needed. The scope of this project is consistent with the City of Cape Canaveral's Comprehensive Plan and Vision Statement, as well as, Resolution 2011-09, which the City Council adopted to establish a "Complete Streets" policy. The project is contained in the City's FY 22/23 Capital Improvements Plan. 10 EXHIBIT "B" FINAL ACCOUNTING FOR PROJECT Project Name: Thurm Boulevard Complete Streets Improvements From Merritt Island/North Beaches TIFT Fund Date Activity Check # Impact Fee Deposit Project Expense Program Interest* Unexpended Funds TOTALS *Based on SBA Interest Rate Applicable To Each Month CFN 2018182209, OR BK 8237 Page 988, Recorded 08/14/2018 at 09:33 AM, Scott Ellis, Clerk of Courts, Brevard County Attachment 3 TRANSPORTATION IMPACT FEE TRUST FUND DISBURSEMENT AGREEMENT Between BREVARD COUNTY and CAPE CANAVERAL, FLORIDA for construction of a CENTRAL AVENUE COMPLETE STREETS PROJECT in the amount of $1,435,000.00 PROVIDING FOR FUNDING AND ADMINISTRATION OF IMPACT FEE PROJECTS This is an Agreement between: BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as "COUNTY," through its Board of County Commissioners, and CAPE CANAVERAL, FLORIDA, a Florida municipal corporation, its successors and assigns, hereinafter referred to as "CITY". WITNESSETH that, for and in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY agree as follows: ARTICLE I DEFINITIONS AND IDENTIFICATIONS For the purposes of this Agreement and the various covenants, conditions, terms and provisions which follow, the DEFINITIONS and IDENTIFICATIONS set forth below are assumed to be true and correct and are agreed upon by the parties. 1.1 ASSURANCES: means those assurances made by CITY to COUNTY specifically set forth in this Agreement. 1.2 CITY: means and refers to the City of Cape Canaveral, Florida, a Florida municipal corporation. 1.3 COUNTY: means and refers to Brevard County, Florida, a political subdivision of the State of Florida. 1.4 DEPARTMENT: means the Finance Department of Brevard County, Florida. OR BK 8237 PG 989 1.5 DIVISION: means the Planning and Development Department of Brevard County, Florida. 1.6 IMPACT FEE PROGRAM OR PROGRAM: means Chapter 62, Article V, Division 4, Sections 62-801 through 62-819 of the Code of Ordinances of Brevard County, Florida. 1.7 INTERLOCAL AGREEMENT: means and refers to that agreement between Brevard County, Florida, and the City of Cape Canaveral, Florida, dated March 6, 1990, providing for participation in the Brevard County Transportation Impact Fee Program. 1.8 PROGRAM INTEREST: means interest generated from TIFT funds after receipt by CITY. 1.9 PROJECT(S): means the project or projects set forth in Article III hereof, and Exhibit "A" entitled "Project Description". 1.10 TIFT FUNDS: means the Transportation Impact Fee Trust; the monies given to CITY pursuant to the terms of this Agreement. ARTICLE II PREAMBLE In order to establish the background, context and frame of reference for this Agreement and to generally express the objectives and intentions of the respective parties herein, the following statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 2.1 Chapter 62, Article V, Division 4, Sections 62-801 through 62-819 of the Code of Ordinances of Brevard County, Florida, incorporated herein by reference, provides for the imposition of the Transportation Impact Fee and sets forth the manner and amount for collection and use of funds. 2.2 Pursuant to interlocal agreement dated March 6, 1990, incorporated herein by reference, the COUNTY and CITY have coordinated the collection of Transportation Impact Fees and participated in the process for project recommendations to the Board of County Commissioners of Brevard County, Florida. 2.3 Under Chapter 62, Article V, Division 4, Sections 62-801 through 62-819 of the Code of Ordinances of Brevard County, Florida and interlocal agreement, COUNTY is administrator, for the Program and COUNTY is mandated to comply with various statutes, rules and regulations as to the allocation of expenditure of funds. 2.4 COUNTY is desirous of disbursing TIFT Funds to CITY However, as administrator for the Program, COUNTY desires to obtain the assurances from CITY and CITY so assures OR BK 8237 PG 990 COUNTY, that CITY will comply with all state and local statutes, rules and regulations and applicable codes and regulations as made known to the CITY relating to the Project(s) and the Program, as a condition precedent to the release of such funds to CITY. ARTICLE III PROJECT(S) CITY hereby agrees to provide and implement the following eligible Project(s): This project includes the design, engineering and construction of street, pedway and sidewalk improvements on West Central Boulevard and Thurm Boulevard in Cape Canaveral, Florida. From Merritt Island/North Beaches TIFT Fund. Such Project(s) is(are) more specifically described and set forth in Exhibit "A", attached hereto and by this reference made a part hereof. ARTICLE IV FUNDING AND METHOD OF PAYMENT 4.1 The amount payable by COUNTY under this Agreement shall be $1,435,000.00. 4.2 Following execution of this Agreement and within sixty days following receipt of transportation impact fees from the Hampton/Home2 hotel project located at 9004 Astronaut Boulevard and the Springhill Suites hotel project located at 8701 Astronaut Boulevard, the Planning and Development Department Director or designee shall provide written notice to Depailuient for the disbursement of TIFT Funds in the amount of $1,435,000.00. ARTICLE V RECORDS 5.1 The COUNTY and the CITY shall have the reciprocal right to review the records of the other as to receipt, allocation and expenditure of Impact Fees, including records as to bid awards and purchase orders. All such inspections shall be made upon reasonable notice and at a reasonable time and place. Upon a request to review or obtain copies of records by one party to the other hereunder, the party responding to a request for review shall furnish assistance as well as copies of appropriate records for the project to the requesting party. OR BK 8237 PG 991 5.2 If CITY has awarded a contract to an independent contractor to perform Project(s) services, CITY shall submit to COUNTY, if requested, a certified copy of the contractor's invoices stating the services rendered and the date the services were rendered specifically identifying TIFT Funds used. 5.3 CITY agrees to furnish to the Planning and Development Department Director, status reports on November 1 of each year identifying the interest accrued, the expenditures to — date and the project progress. ARTICLE VI ASSURANCES 6.1 CITY hereby agrees to comply with all applicable state and local laws, ordinances, and codes and regulations. Any conflict or inconsistency between state or local guidelines and regulations and this Agreement shall be resolved in favor of the more restrictive regulations. 6.2 CITY hereby gives COUNTY, through its authorized representative, access to and the right to examine all records, books, papers, or documents relating to the Project(s). 6.3 CITY hereby agrees to maintain books, records and documents in accordance with standard accounting procedures and practices of the CITY which sufficiently and properly reflect all expenditures of funds provided by COUNTY under this Agreement. 6.4 CITY agrees to expend TIFT funds allocated to the Project(s) by the expiration date in Article VIII. All TIFT funds not expended within the term of this Agreement shall be returned to the custody and control of the COUNTY. An administrative extension, if requested prior to expiration, may be granted by the Planning and Development Department Director for a period not to exceed one hundred eighty (180) days if just cause is shown. 6.5 CITY agrees to complete each project identified m this agreement. In the event TIFT Funds are not sufficient, the CITY may submit to the COUNTY a request for additional revenue from the TIFT Funds. However, if additional revenue is not provided pursuant to that request, the CITY agrees to utilize its independent resources to complete the project 6.6 CITY hereby agrees that if it has directly and knowingly caused any funds to be expended in violation of the Agreement, it shall be responsible to refund such monies in - full to COUNTY. 6.7 CITY agrees to return to the Department the unexpended TIFT Funds no later that sixty (60) days following the expiration date in Article VIII or within sixty (60) days following an administrative extension under Section 6.4, if applicable, along with a completed Form B, attached hereto and by this reference made a part hereof. An administrative extension for the return of funds, if requested prior to the sixty (60) day expiration period, may be granted by the Planning and Development Department Director for a period not to exceed sixty (60) days if just cause is shown 6.8 Program interest generated as a result of receipt of TIFT Funds may be retained by CITY provided that this interest shall be added to TIFT Funds committed to the Project(s) by 3 OR BK 8237 PG 992 the CITY and used in conjunction with the original allocation to further the eligible project objective. Expenditure of program interest is subject to the terms of this Agreement with Brevard County. Any remaining Tag funds, including the amount of interest generated in a contract period if not expended for the approved Project(s) shall be returned to COUNTY and shall be placed back in TIE1 account for benefit of the Merritt Island/North Beaches Benefit District within the time periods provided in Section 6.7. 6.9 CITY hereby agrees and understands that all funding authorization through a TIFT Fund shall be used only for eligible activities specifically outlined in this Agreement. Revenues shall not be utilized for correcting deficiencies. They shall be utilized to fund the future capacity components for transportation facilities identified in Exhibit "A". 6.10 CITY hereby agrees to submit to the Planning and Development Depai linent within sixty (60) days of the completion of each Project(s), as set out in Article III, a complete financial accounting of all its Project(s) activities, as provided on Exhibit "B", attached hereto and by reference made a part hereof. ARTICLE VII INDEMNIFICATION CLAUSE CITY, to the extent allowed by law, will at all times hereafter indemnify and hold harmless, COUNTY, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation or property, by virtue of the CITY's willful failure to perform any obligation or undertaking of the CITY as set forth in this Agreement ARTICLE VIII TERM OF AGREEMENT This agreement shall commence on the day the Division Director provides written Notice to Department for the disbursement of TIFT Funds and shall terminate on September 30, 2025 ARTICLE IX TERMINATION 9.1 If, through any cause, CITY fails to commence work on the project, or fails to fulfill in timely and proper manner its obligations under this Agreement, or if CITY shall violate any of the covenants, agreements, or stipulations of this Agreement, COUNTY shall thereupon have the right to terminate this Agreement and may require the return of funds expended or committed for expenditure in violation of this agreement by giving written notice to CITY of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of termination. If just cause is shown prior to termination, the Planning and Development Department Director may specify in writing, the actions that must be taken by CITY and a reasonable date for compliance; as a OR BK 8237 PG 993 condition to avoid termination. In no event can the Agreement date be extended beyond the periods provided in this Agreement without amendment to the Agreement executed with the same formality and of equal dignity herewith. 9.2 In the event of termination, upon request by the COUNTY, copies of all fmished or unfinished documents, data studies, surveys, drawings, maps, models, reports prepared, and any other like documents secured by CITY with TIFT Funds under this Agreement shall be provided to COUNTY. 9.3 In the best interests of the program and in order to better serve the people in the impact fee districts and fulfill the purposes of the Act, either party may terminate this Agreement upon giving thirty (30) days notice in writing of its intent to terminate, stating its reasons for doing so. In the event CITY or COUNTY terminates the Agreement, CITY shall refund COUNTY, all unexpended and unencumbered TIFT Funds received and interest accrued therefrom. 9.4 The parties hereby agree that the following events are sufficient cause for termination of the Agreement. Such events include, but are not limited to: a. Improper use of TIFT Funds; b. Failure to comply with the terms of this Agreement. ARTICLE X INDEPENDENT CONTRACTOR CITY is an independent contractor under this Agreement. Services provided by CITY are subject to supervision by CITY and employees or service providers shall not be deemed officers, employees, or agents of Brevard County. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of CITY, which shall not conflict with COUNTY, or state rules or regulations relating to the use of TIFT Funds ARTICLE XI ALL PRIOR DISBURSEMENT AGREEMENTS SUPERSEDED This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the disbursement matters contained herein, and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written regarding disbursements unless specifically incorporated into this agreement by writing. This agreement does not supersede Interlocal Agreement signed on March 6, 1990. OR BK 8237 PG 994 ARTICLE XII NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. The parties designate the following as the respective places for giving of notice to - wit: FOR COUNTY: Director Planning and Development Department 2725 Judge Fran Jamieson Way Viera, Florida 32940 FOR CITY: City Manager City of Cape Canaveral Post Office Box 326 Cape Canaveral, Florida 32920 ARTICLE XIII AMENDMENTS COUNTY may amend this Agreement, if required by legislation, to conform with mandates in state guidelines, directives, and objectives relating to the use of TIFT Funds. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the Board of County Commissioners. Such amendment will not affect specific activities commenced under this agreement prior to amendment which were in compliance at the time of commencement. CITY shall be notified pursuant to ARTICLE XII and such notification shall constitute an official amendment. No other modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. ARTICLE XIV CONFLICT OF INTEREST CITY covenants that no person who presently exercises any functions or responsibilities in connection with the Project(s) has any personal fmancial interest, direct or indirect, in the Project(s) during this tenure which would conflict in any manner or degree with the performance of this Agreement, and that no person having any conflicting interest shall be employed or subcontracted. Any possible conflicting interest on the part of CITY or its employees shall be disclosed in writing to the Division. OR BK 8237 PG 995 ARTICLE XV SEVERABILITY If this Agreement contains any unlawful provisions not an essential part of this Agreement and which shall not appear to have a controlling or material inducement to the making thereof, such provisions shall be deemed of no effect and shall, upon notice by either party, be deemed stricken from this Agreement without affecting the binding force of the remainder of the Agreement. IN WITNESS WHEREOF, this Agreement has been fully executed on behalf of the COUNTY and ,CITY -by their duly authorized representatives on the respective dates below. ATTE fT , .,4,�. Scott E11ieCl'e'rk',` ATTEST: BREVARD COUNTY BOARD OF COUNTY COMMISrtSIONERS Rita Pritchett, Chair As approved by the Board of County Commissioners on May 22, 2018 CITY OF CAPE CANAVERAL, FLORIDA M a C� i J-� "Zisf4e� Gofo CMC`'C , ity Clerk David L. Greene, City Manager Date: 413 ,2018 7 OR BK 8237 PG 996 STATE OF FLORIDA § COUNTY OF BREVARD § The foregoing instrument was acknowledged before me this 10 day of July 2018 by Rita Pritchett, Chair of the Board of County Commissioners of Brevard County, Florida, who is personally known to me or produced as identification and who did take an oath. —bAYX0Y\ NOTARY PUBLIC - State of Florida °rkaiL - .A A- ..-- - -..-- •1 �-.- .— - ca".- ,m°YFn DEBORAH W THOMAS, .tom �B. i° , `0- Notary Public - State of Florida 'e• Commission # FF 997773 1.-%� .d My Comm Expires Jun 10, 2020 �'""gi ,�V Bonded through National Notary Assn. STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this day of 20 L. Greene, City Manager of the City of Cape Canaveral, Florida, errsonally know to me or produced as identification and who did take an oath. fsfs' ry, Y COMMISSION i FF 178662 . 7„y 7.: Eli(PIRES; November 23, 2018 ,,/yr,1 Bonded Thin Notary Public Underrrtters r. NOTARY PUBLIC - State of Florid 8 OR BK 8237 PG 997 EXHIBIT "A" PROJECT(S) DESCRIPTION This project includes the design, engineering and construction of the Central Avenue Complete Streets Project in the City of Cape Canaveral, Florida. The proposed scope of work includes but is not limited to the right-of-way acquisition, purchase of professional engineering and design services, related permitting and administrative expenses, and construction services and materials for the completion of the following tasks along West Central Boulevard and Thurm Boulevard, a distance of approximately 4,940 linear feet. Tasks include but are not limited to the following: • Construct an 8-foot wide pedway where appropriate; • Construct a 6-foot wide sidewalk where appropriate; • Replace concrete curbing where necessary; • Mill and resurface West Central Boulevard from Thurm Boulevard to Astronaut Boulevard; • Install solar -powered LED street lighting along both sides of roadway; • Plant native vegetation "islands" along the roadway; • Install pedestrian benches and trash receptacles along the sidewalks; • Relocate sanitary sewer lines in the West Central Boulevard right-of-way; and • Miscellaneous Striping, Signage and Upgraded Paving as needed. The scope of this project is consistent with the City of Cape Canaveral's Comprehensive Plan and Vision Statement, as well as, Resolution 2011-09, which the City Council adopted to establish a "Complete Streets" policy. The project is contained in the City's Capital Improvements Plan. From Merritt Island/North Beaches TIFT Fund. EXHIBIT "B" FINAL ACCOUNTING FOR PROJECT Project Name: West Central Boulevard Complete Streets Improvements From Merritt Island/North Beaches TIFT Fund Date Impact Fee Project Program Unexpended Activity Check # Deposit Expense Interest* Funds Totals * Based on SBA Interest Rate applicable to each month. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 15, 2023 AGENDA ITEM SUMMARY • ITEM # 10 Subject: Discussion on Opening the Community center on Sundays Department: City Council Summary: Discuss the feasibility of opening the C5 on Sundays. This action would also address the splash pad being open on Sundays and remove the bathroom availability problems, as discussed at the June 20th meeting. In my discussion with Staff, it is estimated this can be accomplished by moving one Part -Time (PT) employee to Full -Time (FT). Additionally, Staff pointed out that they have received a large number of requests for the Nancy Hanson Recreational Center (NHRC) to be open on weekends (Saturdays and Sundays). Primarily, supporting weekend Pickleball with the availability of a bathroom facility and water fountain. In my discussion with Staff, it is estimated this can be accomplished by adding one FT employee. For both the C5 and the NHRC, it would require the addition of 1.5 Full -Time -Equivalent (FTE) employees. All of the following dollar amounts are preliminary estimates: • Expenses (Projections): o One FTE costs approximately $50,000 (with benefits). o To add C5 Sunday hours, would require moving one PT to FT and would cost approximately $25,000. o To add NHRC Saturday and Sunday hours, would require adding one FT employee and would cost approximately $50,000. o To add both the NHRC Sat/Sun and add C5 Sunday hours, would require adding 1.5 FTE and would cost approximately $75,000. • Revenue (Projections): o Current members would pay nothing additional to attend additional days at either facility. o Assuming 30 people attend the C5 on Sundays at the "Drop -In' rate, additional C5 revenue would be approximately $10,000/year. o Assuming 30 people attend the NHRC at the "Drop -In" rate on Saturdays and Sundays, additional NHRF revenue would be approximately $18,000/year. o Assuming we add both the C5 (Sundays) and the NHRC (Saturdays and Sundays), additional revenue would be approximately $28,000/year. Submitting Council Member: Council Member Kellum Attachments: None ITEM # 11 City of Cape Canaveral John DeLeo, Administrative/Financial Director P.O. Box 326 Cape Canaveral, FL 32920 (321) 868-1230 (321) 868-1248 fax j.deleo@cityofcapecanaveral.org Memo TO: The Honorable Mayor and Members of the City Council VIA: Todd Morley, City Manager FROM: John DeLeo, Administrative/Financial Services Director DATE: July 20, 2023 RE: Monthly Financial Report —June 2023 Staff is pleased to present the Monthly Financial Report for the period ending June 30, 2023. At this point in the Fiscal Year, the Year -to -Date Actuals should be 75% of the total annual budget. Total General Fund Departmental costs are 13.6% below target. Administrative Services is running above target by 4.1%. Community Development/Code Enforcement/Economic Development is under target at 73.5%. Building Department is below target at 67%. Protective Services are over target by 8.9%. Fire Rescue is over target by 9.8%. Parks Recreation/Community Affairs is 16.7% below target. Non -Departmental expenditures are below budgetary projections by 44.5%. The Community Redevelopment Agency (CRA) has incurred $1,549,044 of expenses for the current Fiscal Year. Wastewater Fund overall costs are under target at 39.3%. The Stormwater Fund is under target cost at 15.2%. The City's General Fund investments total $8,982,939.78; Special Revenue investments total $404,303.22; and Enterprise Fund investments total $860,709.96. The Grand total of all investments is $10,247,952.96. 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 June 30, 2023 Revenue (9th month of fiscal year = 75%) Ad Valorem Tax To date, the City has received 101.3% 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 -April and an accrual for May and June. This revenue source is slightly above target at 78.3%. Franchise Fees, Utility Service Taxes and Communications Service Tax This amount represents some actuals for October -June and some accruals for May and June. These are slightly above target at 76.4%. Permits and Licenses Permits and Licenses are right on target at 75.9%. 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 73.8%. This amount represents some actuals for October -June, as well as some accruals for May and June. 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 -May and an accrual for June. These are above target at 91.1%. Recreation Fees (Leisure Services) Recreation Fees are below target at 60.7%. Investment Income Investment Income is above target at 874.5%. This is a direct result of a fluctuating market in the rate of return. Future events may affect current rate of return. Utility Operating Income (Wastewater Fund) This amount represents actual collections for October -May and an accrual for June. It is slightly below target at 74.4%. Stormwater Utility Fees (Stormwater Fund) This amount represents actual collections for October -May and an accrual for June. It is on target at 75.4%. City of Cape Canaveral Statement of Revenues&Expenditures Period Ended June 30,2023 GENERAL FUND FY 2022-2023 JUNE 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 2,222,000 250,000 11.3% 1,666,500 Cash Forward- R&R 898,500 0.0% 673,875 Ad Valorem Taxes 5,512,589 5,581,988 101.3% 4,134,442 Local Option Gas Tax 361,000 282,787 78.3% 270,750 Franchise Fees 949,066 726,338 76.5% 711,800 Utility Taxes 1,302,226 1,073,832 82.5% 976,670 Communications Service Tax 422,000 295,966 70.1% 316,500 Permits&Licenses 693,450 526,160 75.9% 520,088 State Grants 75,000 0.0% 56,250 ARPA Revenue 3,937,000 0.0% 2,952,750 State Shared Revenue 1,098,700 810,509 73.8% 824,025 Local Shared Revenue 127,601 127,601 100.0% 95,701 Charges for Services 30,818 27,110 88.0% 23,114 Garbage&Recycling Revenue 1,270,215 1,157,511 91.1% 952,661 Recreation Fees 300,300 182,283 60.7% 225,225 Fines&Forfeitures 12,600 11,144 88.4% 9,450 Interest Income 32,700 285,972 874.5% 24,525 Fire Hydrant Rental Fee 85,637 56,598 66.1% 64,228 Miscellaneous Revenue 40,750 57,637 141.4% 30,563 PAL Program Revenue 12,000 57,882 482.3% 9,000 Transfer from School Guard Crossing Fund 2,050 0.0% 1,538 Transfer from CRA Fund 814,947 1,088,811 133.6% 611,210 Contribution from Wastewater Fund 720,656 540,492 75.0% 540,492 Contribution from Stormwater Fund 19,566 14,675 75.0% 14,675 Loan Proceeds 250,000 0.0% 187,500 TOTAL REVENUES $ 21,191,371 $ 13,155,296 62.1% $ 15,893,528 EXPENDITURE Legislative 98,573 59,831 60.7% 73,930 Administrative Services 540,548 427,795 79.1% 405,411 Comm Dev/Code Enf/Econ Development 868,177 637,757 73.5% 651,133 Protective Services 3,501,187 2,938,005 83.9% 2,625,890 Fire/Rescue Services 3,008,064 2,550,790 84.8% 2,256,048 Building 449,605 301,021 67.0% 337,204 Infrastructure Maintenance 1,682,911 749,365 44.5% 1,262,183 Parks Recreation + Community Affairs 1,693,649 987,939 58.3% 1,270,237 Legal Services 344,293 144,372 41.9% 258,220 Solid Waste 1,271,215 989,186 77.8% 953,411 Debt Service 1,420,737 1,379,952 97.1% 1,065,553 Non-Departmental 6,080,875 1,851,970 30.5% 4,560,656 Contingency 231,537 0.0% 173,653 TOTAL EXPENDITURES $ 21,191,371 $ 13,017,981 61.4% $ 15,893,528 Excess of Revenues Over/(Under) Expenditures $ 137,314 Page 1 of 6 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended June 30,2023 POLICE EDUCATION FUND FY 2022-2023 JUNE 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Police Education Income 1,020 949 93.1% 765 Interest Income 75 179 238.6% 56 TOTAL REVENUES $ 1,095 $ 1,128 103.0% $ 821 EXPENDITURE Education&Training - - Contingency 1,095 0.0% 821 TOTAL EXPENDITURES $ 1,095 $ - 0.0% $ 821 Excess of Revenues Over/(Under) Expenditures $ 1,128 iiiiir FIRE PROTECTION FUND FY 2022-2023 JUNE 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward R&R - - Interest Income 264 460 174.1% 198 TOTAL REVENUES $ 264 $ 460 174.1% $ 198 EXPENDITURE Contingency 264 0.0% 198 TOTAL EXPENDITURES $ 264 $ - 0.0% $ 198 Excess of Revenues Over/(Under) Expenditures $ 460 Page 2 of 6 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended June 30,2023 SCHOOL CROSSING GUARD FUND FY 2022-2023 JUNE 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 1,200 0.0% 900 Parking Fine Surcharge 900 780 86.7% 675 TOTAL REVENUES $ 2,100 $ 780 37.1% $ 1,575 EXPENDITURE Transfer to General Fund 2,100 0.0% 1,575 Contingency - 0.0% - TOTAL EXPENDITURES $ 2,100 $ - 0.0% $ 1,575 Excess of Revenues Over/(Under) Expenditures $ 780 iiiim LIBRARY FUND FY 2022-2023 JUNE 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Ad Valorem Taxes 70,193 71,133 101.3% 52,645 Ad Valorem Tax Delinquent 50 0.0% 38 Tax Penalty Income 60 23 38.1% 45 Interest Income 7,380 5,018 68.0% 5,535 Interest-Tax Collections 42 184 438.7% 32 TOTAL REVENUES 77,725 $ 76,357 98.2% $ 58,294 EXPENDITURE Operating Expenses 34,275 25,115 73.3% 25,706 Capital Purchases 30,000 22,834 76.1% 22,500 Contingency 13,450 0.0% 10,088 TOTAL EXPENDITURES 77,725 47,949 61.7% $ 58,294 Excess of Revenues Over/(Under) Expenditures $ 28,409 Page 3 of 6 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended June 30,2023 CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY FY 2022-2023 JUNE 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward Shared Revenue from Cape Canaveral 1,099,809 1,058,562 96.2% 824,857 Shared Revenue from Brevard County 1,099,809 1,058,562 96.2% 824,857 Interest Income 288 2,719 944.2% 216 Transfer from General Fund 250,000 121,000 48.4% 187,500 TOTAL REVENUES 2,449,906 2,240,843 91.5% $ 1,837,430 EXPENDITURE Operating Expenses 5,999 1,749 29.1% 4,499 Capital Purchases 1,232,312 406,161 33.0% 924,234 Debt Service 867,270 832,455 96.0% 650,453 Due to General Fund - 308,680 0.0% - Contingency 344,325 0.0% 258,244 TOTAL EXPENDITURES 2,449,906 1,549,044 63.2% $ 1,837,430 Excess of Revenues Over/(Under) Expenditures $ 691,799 Page 4 of 6 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended June 30,2023 IMPACT FEES FUND FY 2022-2023 JUNE 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Impact Fees-Police 19,250 19,471 101.1% 14,438 Impact Fees- Fire/Rescue 3,376 13,078 387.4% 2,532 Impact Fees-Transportation 0.0% - Impact Fees-Parks/Recreation 22,700 22,884 100.8% 17,025 Impact Fees-General Government 15,850 16,088 101.5% 11,888 Impact Fees-Aerial Fire Truck 9,520 0.0% 7,140 Impact Fees-Library 12,000 12,085 100.7% 9,000 TOTAL REVENUES 82,696 83,605 101.1% $ 62,022 EXPENDITURE Contingency 82,696 0.0% 62,022 TOTAL EXPENDITURES 82,696 - 0.0% $ 62,022 Excess of Revenues Over/(Under) Expenditures $ 83,605 LAW ENFORCEMENT TRUST FUND FY 2022-2023 JUNE 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 5,229 - 0.0% 3,922 Contraband Income 1,650 0.0% 1,238 Interest-State 45 26 56.7% 34 Transfer from General Fund - 27,768 0.0% - TOTAL REVENUES 6,924 27,794 401.4% $ 5,193 EXPENDITURE School Resource Officer 6,924 6,924 100.0% 5,193 TOTAL EXPENDITURES 6,924 6,924 100.0% $ 5,193 Excess of Revenues Over/(Under) Expenditures $ 20,870 Page 5 of 6 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended June 30,2023 WASTEWATER ENTERPRISE FUND FY 2022-2023 JUNE 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 644,500 0.0% 483,375 Utility Operating Income 4,667,300 3,472,681 74.4% 3,500,475 Utility Penalty Income 70,000 43,432 62.0% 52,500 Sewer Assessment Fees 84,000 92,393 110.0% 63,000 Reuse Hook-Up Fees 2,925 0.0% 2,194 Reclaimed Water Revenue 91,650 69,359 75.7% 68,738 Interest Income 2,520 7,564 300.2% 1,890 Sale of Fixed Assets 2,000 0.0% 1,500 Transfer from General Fund 2,500,000 27,795 1.1% 1,875,000 Transfer from CRA Fund 52,324 52,324 100.0% 39,243 SRF Loan Proceeds 1,320,000 703,767 53.3% 990,000 Miscellaneous Income 2,000 7,230 361.5% 1,500 TOTAL REVENUES 9,439,219 4,476,545 47.4% $ 7,079,414 EXPENDITURE Personal Services 1,913,966 1,345,061 70.3% 1,435,475 Operating Expenses 1,597,455 779,512 48.8% 1,198,091 Debt Service 666,911 494,995 74.2% 500,183 Capital Purchases 4,499,930 553,987 12.3% 3,374,948 Contribution to General Fund 720,656 540,492 75.0% 540,492 Contingency 40,301 0.0% 30,226 TOTAL EXPENSES 9,439,219 3,714,047 39.3% $ 7,079,414 Excess of Revenues Over/(Under) Expenses $ 762,498 STORMWATER ENTERPRISE FUND FY 2022-2023 JUNE 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 626,500 0.0% 469,875 Stormwater Utility Fees 1,087,800 820,193 75.4% 815,850 Interest Income 1,380 4,623 335.0% 1,035 Transfer from General Fund 1,175,000 89,957 7.7% 881,250 TOTAL REVENUES $ 2,890,680 $ 914,773 31.6% $ 2,168,010 EXPENDITURE Personal Services 366,873 274,967 74.9% 275,155 Operating Expenses 271,230 113,872 42.0% 203,423 Capital Purchases 1,501,500 35,054 2.3% 1,126,125 Contribution to General Fund 19,566 14,675 75.0% 14,675 Contingency 731,511 0.0% 548,633 TOTAL EXPENSES 2,890,680 438,568 15.2% $ 2,168,010 Excess of Revenues Over/(Under) Expenses $ 476,205 Page 6 of 6 Florida State Treasury- Special Purpose Investment Account (SPIA) & FL SAFE As of June 30,2023 Funds were invested with the State of Florida Division of Treasury,with a rate of return 2.36% Interest earned for the month: $ 35,563.75 General Fund Restricted(by outside party) Total Restricted $ - Committed(Constrained by Council) Expansion Recreation 45,054.85 Expansion Police 34,111.06 A1A Replenishment 24,000.00 Capital Equipment Renewal &Replacement 180,056.56 Total Committed $ 283,222.47 Assigned-General Fund Emergency Reserve $ 1,495,349.01 Unassigned $ 462,925.82 Total General Fund SPIA Investments: $ 2,241,497.30 Florida Safe General Fund Emergency Reserve-0.06%(average monthly) 1,304,040.31 Florida Safe Note 2021 -0.06%(average monthly) 205,172.89 Florida Safe ARPA Reserve-0.06%(average monthly) 5,232,229.28 $ 6,741,442.48 Total General Fund Florida Safe Investments: $ 6,741,442.48 Total General Fund Investments: $ 8,982,939.78 Special Revenue Funds Restricted(by outside party) Police Education Fund 12,733.57 Aerial Fund 32,708.61 School Crossing Guard Fund - Library Fund 171,789.63 Library Fund Restricted 185,249.35 Law Enforcement Trust Fund 1,822.06 Capital Expansion Funds: Fire Rescue Capital Expansion - General Government Capital Expansion Total Restricted $ 404,303.22 Total Special Revenue Fund SPIA Investments: $ 404,303.22 Enterprise Funds Wastewater Fund: Wastewater General-Unrestricted - Wastewater Fund Renewal&Replacement 473,663.56 $ 473,663.56 Stormwater Fund: Stormwater Fund-Unrestricted - Stormwater Fund Renewal&Replacement 387,046.40 $ 387,046.40 Total Enterprise Fund SPIA Investments: $ 860,709.96 TOTAL SPIA&FLSAFE INVESTMENTS $ 10,247,952.96