HomeMy WebLinkAboutcocc_council_mtg_packet_20240220_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
February 20, 2024
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. - 6:45 p.m.
Presentation of Proclamation declaring March 2024 as "Irish -American Heritage Month" in the
City of Cape Canaveral to Keith Reynolds, representing The Ancient Order of the Hibernians.
Presentation by Zachary Marchetti, Community Engagement and Outreach Officer for the Brevard
Zoo, to provide an update on the progress of the proposed 14-acre aquarium and conservation
center at Port Canaveral.
Presentation of Sierra Club Florida's distinguished Osprey Award to Zachary Eichholz, the City of
Cape Canaveral's Chief Resilience Manager, by Turtle Coast Sierra Club Group member Bill DeBusk.
Presentation by Zachary Eichholz, City of Cape Canaveral Chief Resilience Manager, reviewing the
City's new 2024 Flood Mitigation and Adaptation Strategy Overview document.
Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended
September 30, 2023 — Presentation by Michael Messano, James Moore & Co.
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 6:55 p.m. — 7:00 p.m.
1. Approve Minutes for the January 16, 2024 Regular and January 24, 2024 Special Meetings.
2. Accept the Annual Audited Financial Statements and Independent Auditor's Report for the
Fiscal Year ended September 30, 2023.
3. Approve proposal from Mead & Hunt, Inc. in the amount of $58,459 for Construction
Phase Engineering Services as part of the Center Street Pump Station and authorize City
Manager to execute same.
4. Approve the purchase of a new backhoe in the amount of $85,699.51 and authorize the
City Manager to execute the same.
City of Cape Canaveral, Florida
City Council Regular Meeting • February 20, 2024
Agenda • Page 2 of 2
ITEM FOR ACTION 1 7:00 p.m. — 7:10 p.m.
5. Approve and provide possible dates for a City Council Joint Educational Workshop
Meeting with the Planning and Zoning Board regarding Green Stormwater Infrastructure
and Low Impact Development Codes and Program Incentives.
ITEMS FOR DISCUSSION 1 7:10 p.m. — 7:30 p.m.
6. Discuss the criteria for Special Meetings/Workshops (Submitted by Council Member Davis)
7. A discussion on local Issues we face In Cape Canaveral followed by the opportunity to
create a Task Force, Committee or Board of residents and businesses to advocate and
make recommendations to the City Council for a pedestrian friendly city. This group would
potentially explore community support, resources, grants and other opportunities to fund
Initiatives/projects that Is not dependent on taxes. (Submitted by Mayor Morrison)
REPORTS 1 7:30 p.m. — 7:45 p.m.
INFORMATIONAL I Item presented for informational purposes only; no action to be taken.
8. Monthly Financial Report — December 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 • FEBRUARY 20, 2024
AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS
Subject: Presentation of Proclamation declaring March 2024 as "Irish -American Heritage Month"
in the City of Cape Canaveral to Keith Reynolds, representing The Ancient Order of the Hibernians.
Department: Legislative
Summary: The Ancient Order of Hibernians is America's oldest Irish Catholic Fraternal Organization
founded concurrently in the coal -mining region of Pennsylvania and New York City in May 1836.
Per The Order:
Irish Americans in Florida have provided leadership and service to their state, counties, and
local communities. Irish Floridians can look back with pride on the legacy of their Irish
forebears, who have contributed significantly to education, business, sports, literature,
science, engineering, medicine, science and the arts. Today, we continue to recognize and
honor the service of our current State, County and Town/City Council leaders and the
contributions of fellow Irish Floridians.
The Order is requesting the City issue a Proclamation declaring March as "Irish American Heritage
Month" in recognition of the long history of Irish American contributions to the State of Florida.
Keith Reynolds, President, Brevard County Division 2, of The Ancient Order of Hibernians, is
scheduled to be present to receive the Proclamation on behalf of the Order.
Submitted by: Mayor Wes Morrison
Attachment:
Proclamation
Financial Impact:
Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action:
Present Proclamation to Mr. Reynolds.
Approved by City Manager: Todd Morley
[City Seal and decorative stripes]
Official
Proclamation
City Of
Cape Canaveral, Florida
WHEREAS, by 1776 nearly 300,000 Irish nationals had emigrated to the American
colonies and played a crucial role in America's War for Independence; and
WHEREAS, five signers of the Declaration of Independence were of Irish descent,
three signers were Irish born and at least twenty-two Presidents of the United States have
proudly proclaimed their Irish American heritage; and
WHEREAS, Irish born Commodore John Barry fought the last sea battle of the
American Revolution off the coast of Florida and was recognized by the United States
Congress in September of 2002 as the "First Flag Officer of the United States Navy"; and
WHEREAS, the Irish first came to Spanish "La Florida" in the 1500s; first as
missionaries and mercenary soldiers and then as planters, traders, businessmen, doctors
and administrators and three of the Spanish Governors of "La Florida" were Irish military
officers; and
WHEREAS, Father Richard Arthur, an Irish-born priest from Limerick who was
appointed parish priest for St. Augustine in 1597 and ecclesiastical judge of "La Florida, "
established the first public school in America and opened it to both boys and girls of all
races; and
WHEREAS, Irish Floridians can look back with pride on the legacy of their Irish
forebears, who have contributed significantly to American education, business, sports,
literature, science, engineering, medicine, science and the arts; and
WHEREAS, Irish Americans, since America's inception, have provided and continue
to provide leadership and service to this nation's political, business and religious
establishments; and
WHEREAS, it is fitting and proper to celebrate the rich cultural heritage and the
many valuable contributions of Irish Americans.
NOW, THEREFORE, 1, Wes Morrison, Mayor of the City of Cape Canaveral, Brevard
County, Florida, do hereby proclaim the month of March 2024 as
IRISH-AMERICAN HERITAGE MONTH
Signed and Sealed this _ Day of _, _
_ Mayor
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • FEBRUARY 20, 2024
AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS
Subject: Presentation by Zachary Marchetti, Community Engagement and Outreach Officer for the
Brevard Zoo, to provide an update on the progress of the proposed 14-acre aquarium and
conservation center at Port Canaveral.
Department: Community and Economic Development
Summary: The proposed aquarium will serve as a regional conservation hub with an emphasis on
restoring the Indian River Lagoon and our coastal estuaries. A manatee care facility as well as a Sea
Turtle Healing Center, which will be open to the public, is also planned to be located at the
aquarium.
Zoo officials have set a September 2024 groundbreaking, with a 2027 opening and anticipated
visitation of over half a million people annually. Florida Today has reported that the project will
create 100 full-time jobs, and have an annual economic impact of $85 million.
Dawn Mays, the Chairperson of the City's Business and Economic Development Board, and member
of the Board of Director's of the East Coast Zoological Foundation DBA Brevard Zoo and
Transformational Aquarium Founder, invited Mr. Marchetti to the meeting to provide an update to
the project as well as share how residents can get involved.
Mr. Marchetti will provide a PowerPoint presentation with Q&A afterwards.
Submitting Department Director: David Dickey
Attachments:
None.
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action:
Receive presentation.
Approved by City Manager: Todd Morley
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • FEBRUARY 20, 2024
AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS
Subject: Presentation of Sierra Club Florida's distinguished Osprey Award to Zachary
Eichholz, the City of Cape Canaveral's Chief Resilience Manager, by Turtle Coast Sierra Club
Group member Bill DeBusk.
Department: Community and Economic Development — Resilience Division
Summary: The Sierra Club is one of the most enduring and influential grassroots environmental
organizations in the United States (US) with a mission to "explore, enjoy, and protect the wild places
of the earth; to practice and promote the responsible use of the earth's ecosystems and resources;
To educate and enlist humanity to protect and restore the quality of the natural and human
environment; and to use all lawful means to carry out these objectives". Founded in 1892, the Sierra
Club has chapters in every state and a national membership that exceeds one million people. The
Sierra Club Florida chapter is made up of volunteer leaders and civic activists representing over
32,000 members.
The Turtle Coast Group is the local Sierra Club organization for all Sierra Club members that reside
in Brevard and Indian River Counties. They support local environmental organizations, advocate for
local environmental projects, and weigh in on local environmental issues. The group holds monthly
meetings where expert speakers provide presentations on various environmental topics. Local
outings are also hosted by the group to help get citizens more involved with the natural
environment; which include kayaking, hiking, and biking activities. For those interested, meetings
are held at the Unitarian Universalist Friendship Fellowship at 3115 Friendship Place, Rockledge,
Florida. Turtle Coast Group meetings (in -person and virtual) and events are announced on Meetup,
Facebook, the group's blog, website, and in periodic emails to members and supporters.
Sierra Club Florida's Osprey Award is "presented for extraordinary effort by a governmental staff
person to promote or effect changes in policy or practice to protect or preserve Florida's
environment". The 2023 Osprey Award is being presented to Zachary Eichholz, the City of Cape
Canaveral's Chief Resilience Manager. He graduated from the Florida Institute of Technology in
Melbourne with a Bachelor's of Science in Sustainability Studies in 2016 and with a Master's of
Science in Interdisciplinary Sciences in 2019. Mr. Eichholz has worked full-time for the City since
June 2019. Today, he is in charge of the Community and Economic Development Department's
Resilience Division, which is responsible for improving the resilience of municipal infrastructure
against climate -related hazards like flooding and extreme heat, developing more environmentally
friendly operations that can also enhance efficiency, and implementing future -ready policies.
Since 1993 (the first year the award was developed), recipients have included:
1. 1993: John Schert, Alachua County Department of Environmental Protection
2. 1994: Rebecca Jetton, Department of Community Affairs
3. 1995: William R. "Billy" Helm, chief (retired), Bureau of Forest Management, Division of
Forestry
4. 1996: Edwin J. Moyer, Northwest Region Director, Florida Game and Fresh Water Fish
Commission
5. 1997: Mitch Needelman, Florida Marine Patrol
6. 1998: Randy Kautz and Jim Cox of the Florida Game and Fresh Water Fish Commission
City of Cape Canaveral
City Council Meeting • February 20, 2024
Presentations/I nterviews
Page 2 of 2
7. 1999: Ed Freeman, Sarasota County; Amy Knight, Florida DEP, Gaye Sharpe, Polk County
8. 2000: Jesse Van Dyke, Division of Aquatic Plants, Florida DEP
9. 2002: Lothian Ager, Florida Game and Fresh Water Fish Commission
10. 2003: Ron Wilson, Ombudsman, Agency for Toxic Substances and Disease Registry
11. 2005: Gary Emerson, St. Johns County, St. Augustine; Barbara Goodman, National Park
Service, Jacksonville
12. 2006: Fritz Musselman, Director, Land Resources Department, Southwest Florida Water
Management District
13. 2007: Danon Moxley, Florida Game and Fresh Water Fish Commission
14. 2012: Brandt Henningsen, Chief Environmental Scientist, SW Florida Water Management
District
15. 2015: Dr. Rick Garrity, Director, Hillsborough County Environmental Protection
Commission
16. 2017: Chris Castro, Sustainability Director, City of Orlando; Phil Stoddard, South Miami
Mayor
17. 2018: Adrian Hayes -Santos, Laura Thomas
18. 2019: Francis X. Rooney, Florida US Representative; Maria Mark, Director of the
Environmental Leadership Program, University of North Florida; Jim Duby, Natural Lands
Program Manager Seminole County
19. 2021: Melissa P Dunn
Bill DeBusk is the chair of the Turtle Coast Sierra Club and is scheduled to present the award to
Mr. Eichholz.
Submitting Department Director: David Dickey
Attachments:
None.
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following actions:
Receive presentation.
Approved by City Manager: Todd Morley
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • FEBRUARY 20, 2024
AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS
Subject: Presentation by Zachary Eichholz, City of Cape Canaveral Chief Resilience Manager,
reviewing the City's new 2024 Flood Mitigation and Adaptation Strategy Overview document.
Department: Community and Economic Development Department— Resilience Division
Summary: As a barrier island community, the City of Cape Canaveral (City) faces numerous climate -
related vulnerabilities, one of the most acute being that of flooding caused by tropical cyclones,
heavy rainfall, aging infrastructure, and ongoing sea level rise. Of all the flood -related issues facing
the City, sea level rise is considered the most prominent long-term challenge to community safety
and livability. Across the United States (US), coastal cities are enacting forward -thinking policies,
hardening infrastructure, and relocating critical assets in order to deal with increasing recorded
instances of prolonged flood events and higher tides. Inaction on this matter can lead to economic
losses, resident safety concerns, property damage, and a loss of tax base. According to the
Department of Homeland Security, 90% of all natural disasters recorded within the US involve flooding
and inflict more economic damage and loss of life and property than any other natural hazard.
Today, City Staff are implementing numerous high -impact short and long-term infrastructure and
policy solutions to mitigate and adapt to flood -related threats. In order to better help elected
officials, residents, and visitors understand the various programs, projects, and initiatives being
undertaken by the City, the Community and Economic Development Department's Resilience
Division has created the 2024 Flood Mitigation and Adaptation Strategy Overview (Overview)
document. This Overview is intended to help highlight many of the City's most high-level strategies
designed to mitigate and adapt to the effects of urban flooding and sea level rise between now and
2050, and is an outgrowth of the City's unanimously approved 2021 Resiliency Action Plan.
The City's Resiliency Action Plan is broken down into eight (8) Action Categories that contain a series
of 56 actionable items called Preparedness Targets planned across a 30-year timeframe that are
broken into implementation periods of current or ongoing; 5 years (2025); 15 years (2035); and 30
years (2050). The Resiliency Action Plan's eight Action Categories are as follows:
1. Green/Resilient Economy
2. Natural Systems
3. Transportation
4. Energy
5. Built Environment
6. Equity and Quality of Life
7. Waste and Consumption
8. Storm Readiness and Sea Level Rise
Due to the broad, complex nature of some the Preparedness Targets, additional supplementary
reporting and planning documents have been developed to better assist with individual project
design and implementation. The Overview document specifically serves to highlight progress being
made to implement Preparedness Targets within Action Category 8: Storm Readiness and Sea Level
Rise. The Overview document is broken down into three (3) specific sections as related to flood
mitigation and adaptation strategies for ease of reference:
1. Sea Level Rise Monitoring
2. Policy Updates
3. Infrastructure Upgrades
City of Cape Canaveral
City Council Meeting • February 20, 2024
Presentations/Interviews
Page 2 of 2
Projects statuses within the document are defined as complete, in active development, design,
construction, or conceptual at this time. This is a living document that will be updated annually by
City Staff as new information, data sets, and projects come about. It is available for public viewing
and download as a PDF on the City's flood protection webpage:
https://www.cityofcapecanaveral.org/government/city departments/resiliency/flood protection.php
It is also meant to serve as a tool to better help the City meet state -mandated flood preparedness
legislation and policies, and as a means to make the City more attractive to appropriate prospective
grant opportunities.
Submitting Department Director: David Dickey
Attachments:
(1) 2024 Flood Mitigation and Adaptation Strategy Overview Presentation
(2) 2024 Flood Mitigation and Adaptation Strategy Project Map
Financial Impact: Funding will be contingent on the number of Action Categories approved and
adopted by Council. 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
Attachment 1
2024 Flood Mitigation and
Adaptation Strategy Overview
Document
City of Cape Canaveral
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
RESILIENCE DIVISION
CAPE CANAVERAL
2063
4400,
go
City Vision Statement
A warm, inclusive beachside community that embraces its small-town feel
and enhances the beauty and integrity of its natural environment;
promoting resilience, safety, sensible mobility with an emphasis on
pedestrian needs, business -friendly development and responsible
community stewardship; through a shared commitment to a balanced,
respectful and neighborly philosophy that inspires future -ready essential
civic services and quality -of -life amenities.
1
City of Cape Canaveral
City Hall Plaza, adjacent to the newly opened CAPE Center.
Emerging as a regional socio-economic hub
Intersecting south, central, and north Florida
Evolving economy towards high-tech, high -
value location, supporting and serving
nationally significant space activities
(Re)developing municipal services and
infrastructure to reduce environmental impacts
and build community resilience
a
2
Fillmore Avenue Flooding — September 2022
Hurricane Nicole Storm Surge - November 2022
3
Hurricane Ian Coastal Erosion at Center Street Park
September 2022
Resilient Cape Canaveral
Action Plan (2021)
City of Cape Canaveral
Cape Cerawnal.12.
August 2019 — City Council unanimously
accepts the City's first -ever Vulnerability
Assessment in regards to flooding
June 2021 — City Council unanimously adopts
the City's first -ever Resiliency Action Plan
(RAP) for implementation
RAP contains 8 Action Categories with 56
Preparedness Targets
4
Future -ready + Forward -thinking
Action Categories:
1. Green and Resilient Economy (4 Preparedness Targets)
2. Natural Systems (10 Preparedness Targets)
3. Transportation (10 Preparedness Targets)
4. Energy (8 Preparedness Targets)
5. Built Environment (7 Preparedness Targets)
6. Equity and Quality of Life (3 Preparedness Targets)
7. Waste and Consumption (7 Preparedness Targets)
8. Storm Readiness and Sea Level Rise (7 Preparedness Targets)
Flood Mitigation and Adaptation
Strategy Overview (2024)
City of Cape Canaveral
a p.. . FLuvm ovine
2024 Flood Mitigation and Adaptation Strategy
Overview document
Specifically highlights projects, programs, and
initiatives for combating flood -related issues
Intended as an annually updated quick reference
guide for elected officials, residents, and visitors
Tool for showcasing compliance with state -
mandated flood policies and grant application
readiness
10
5
C.0
City Hall weather station (1 of 7 in Cape Canaveral)
National Science Foundation (NSF) Civic Innovation Challenge ("CIVIC") Grant
Veterans Memorial Park "Smart" Rain Garden
Construction + monitoring from $1 million NSF CIVIC Funding
Annual Community Sea Oat Planting
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•,rFes,!✓,,rl,/,✓4,,ref.• •f .-. r{',r
Underground Stormwater Chamber Systems
Thank you for your time!
Questions: resiliencedivision@cityofcapecanaveral.orq
16
8
Attachment 2
City of Cape Canaveral Flood Mitigation and Adaptation
Infrastructure Map
• Project implementation timeframe: (2020 — 2050)
1) Thurm Blvd
Improvements
2) Long Point Preserve
3) Shoreline
Improvements
4) Wetland Buffer Zone
5) Center Street Pump
Station/Tidal Valve
6) Center Street
Stormwater Reserve
7) West Central
BIvd Improvements
8) Environmental
Innovation
Corridor
9) Canaveral Ditch
Pump Station/Tidal
Valve
10) Canaveral City
Park Stormwater
Exfiltration System
11) Civic Hub
Stormwater
Exfiltration System
12) Sea Oat
Plantings
13) Presidential Streets
Master Plan
14) Veterans Memorial Park
"Smart" Rain Garden
15) C5 Flood Barriers
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • FEBRUARY 20, 2024
AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS
Subject: Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year
ended September 30, 2023 — Presentation by Michael Messano, James Moore & Co.
Department: Financial Services
Summary: The accounting firm of James Moore & Co. performed the Annual Audit of the City's
Financial Statements for the Fiscal Year ended September 30, 2023. James Moore & Co. determined
the Financial Statements present fairly, in all material respects, the financial position of the City of
Cape Canaveral and are in conformity with Generally Accepted Accounting Principles. The Audit
was conducted in accordance with Generally Accepted Auditing Standards and Government
Auditing Standards. Audit Manager Michael Messano will present the findings and
recommendations.
Financial Highlights:
• The assets of the City exceeded its liabilities at the close of the most recent year by $61.6
million (net position). Of this amount, $12.63 million (unrestricted net position) may be
used to meet the City's ongoing obligations.
• The City's total net position increased by $885,000. This is the result of construction
projects completed during the year and the addition of capital assets, funded primarily
through capital contributions and grants.
• At the close of the fiscal year, the City's governmental funds reported combined ending
fund balances of $10.95 million, an increase of $898,000 in comparison with the prior
year due to funds received from the American Rescue Plan Act (ARPA), which will be
primarily used for Wastewater and Stormwater Projects.
• At the close of the fiscal year, fund balance for the General Fund was $9,972,309. Of this
amount, $0 relates to inventory and prepaids as well as long-term advances and is
therefore nonspendable. The remaining fund balance includes restricted ($241,399),
committed ($4,318,640), assigned ($1,766,915) and unassigned ($3,645,355) balances.
Within the committed fund balance category, the largest piece is $3,879,785 ARPA
transition projects, committed for the various Wastewater and Stormwater Projects.
Unassigned funds are available to fund on -going activities of the City's various General
Fund services and programs.
• The City's total long-term liabilities decreased $850,563. This was due to receipt of
additional State Revolving Fund money ($960,741) offset by annual debt service
payments on the Capital Improvement Revenue Notes ($1,326,000) and State Revolving
Loans ($485,304).
Submitting Department Director: John DeLeo
Attachment: James Moore & Co. Presentation
Financial Impact: Staff time and effort to prepare this agenda item and cost of the Audit.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action: Receive Presentation.
Approved by City Manager: Todd Morley
Annual Audit for the Year Ended
September 30, 2023
888-387-8851
wwwjmco. com
GFOA Certificate of Achievement
GD
Government Finance Officers Association
Certificate of
Achievement
for Excellence
in Financial
Reporting
Presented [o
City of Cape Canaveral
Florida
For its Annual Comprehensive
Financial Report
For the Fiscal Year Ended
September 30, 2022
Executive Director/CEO
Notable Additional Items
Transmittal Letter
Expanded Supplemental Information
Statistical Section
n'. II MOORF
Independent Auditors' Reports
• Audit Report (pages 1-3)
• Unmodified Opinion
• Single Audit Report (pages 88-90)
• Federal Single Audit— 1 Major Program (ARPA)
• No issues of noncompliance
• Internal Control and Compliance Report (pages 91-92)
• No internal control or compliance matters reported
• Chapter 10.550 Auditor General Report (pages 93-95)
• Financial Condition: Favorable
• No modifications
• Independent Accountants' Examination Report (page 96)
• In compliance with specified investment statutes
MOOPF
General Fund (Page 41,
11 20
Nonspendable $ -0- $ -0- $ 849,212 $ 1,782
Restricted 241,399 591,014 286,208 343,022
Committed 4,318,640 5,631,465 2,061,783 6,805,686
Assigned 1,766,915 3,120,500 1,996,700 1,735,350
Unassigned 3,645,355 2,347,880 3,331,874 3,849,504
Total $ 9,972,309 $ 11,690,856 $ 8,525,777 $ 12,735,344
MOORF
General Fund (continued)
Total Assigned/Unassigned Fund Balance $ 5,412,270
2023 Expenditures and Transfers Out $ 16,283,720
Percentage Assigned/Unassigned Fund Balance
as percentage of Expenditures and Transfers out: 33.2%
Prior Year Percentage 38.8%
GFOA Minimum Rec. = 2 Months At least 16.7%
C n.tl MOORF
Enterprise Funds
History of Unrestricted Net Position:
Solid Waste $ 1,175,204 $ 556,020 $ 808,119 $ 475,647
Universal Collection 2,278,944 1,794,727 1,644,466 1,595,518
MOORF
Other Highlights
• CRA
• Separate audit issued — no findings
• Revenue over $2 million for first time
• $203,777 deficit fund balance — to be recovered by future revenues
• ARPA Funds
• $3,879,785 remaining in committed fund balance (included in general fund)
• Debt
• $960,741 in wastewater SRF loan draw -downs
• $1.8 million in total debt principal repayments ($1.3m governmental, $485K wastewater)
• Interest rates range from 0.00% to 2.05%
QUESTIONS?
ITEM # 1
DRAFT
CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Hybrid Meeting via GoTo webinar
Tuesday
January 16, 2024
6:00 p.m.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Mayor Pro Tem Kellum led
the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Council Member
Council Member
Mayor Pro Tem
Mayor
Council Member
Kim Davis
Kay Jackson
Mickie Kellum
Wes Morrison
Don Willis
Others Present:
City Manager
City Attorney
City Clerk
Administrative/Financial Services Director
Capital Projects Deputy Director
Community + Economic Development (C+ED) Dir.
C+ED City Planner
Parks and Recreation + Community Affairs Dir.
Executive Assistant to City Manager/Office Manager
Brevard County Sheriff's Office Commander
Brevard County Sheriff's Office Lieutenant
Todd Morley
Anthony Garganese
Mia Goforth
John DeLeo
Tim Carlisle
Dave Dickey
Kyle Harris
Molly Thomas
Lisa Day
Byron Keck
Scott Molyneaux
Council reached Consensus to receive an update on recent actions taken by the City related
to Ambassador Services, Inc. City Manager Morley discussed a default letter from the City
emailed today to the operators of the aggregate storage facility, Ambassador Services, Inc.,
regarding concerns expressed for the last two months by residents and property owners of the
Portside Villas community and witnessed and documented by City Code Enforcement Officers; the
letter requires a resolution within ten (10) days, and a City Code Enforcement Notice of Violation
was sent to that property owner.
APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: A motion was made by
Council Member Willis, seconded by Council Member Davis, to approve the Agenda as
written. Motion carried 5-0.
ROBERT'S RULES REFRESHER PRESENTATION: City Attorney Garganese presented a Robert's
Rules of Order PowerPoint to the Council.
PUBLIC PARTICIPATION: Residents and property owners Ray Zawacki, David Eadens, Frederick
Weiss, Leann Cox, Susan Chiemi, Jeanne Derba, James Zabroski discussed various concerns
including noise, dirt piles, and possible negative impacts to health and real estate values due to
the activities of Ambassador Services, Inc., located adjacent to the Portside Villas Condominiums.
Discussion ensued and included a request by Mayor Morrison and Staff for the Portside Villas
Homeowners Association to provide a point of contact to enable City Staff to provide information
and records requested by Mr. Zawacki and Ms. Cox. City Manager Morley thanked the members
of the Portside Villas community for their assistance.
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting • January 16, 2024
Minutes • Page 2 of 8
CONSENT AGENDA: Mayor Pro Tem Kellum removed Item 3.
1. Approve Minutes for the December 19, 2023 Regular Meeting.
2. Approve the donation of a 2011 Ford Expedition from Canaveral Fire Rescue to Merritt
Island Volunteer Fire Department.
3. Approve quote from Kimley Horn and Associates in the amount of $7,500 to prepare a
drainage feasibility Study related to the future Civic Hub exfiltration system and authorize
the City Manager to execute the same.
A motion was made by Council Member Willis, seconded by Council Member Davis, to
approve the Consent Agenda Items 1 and 2. The motion carried 5-0.
#3. Discussion ensued and included why the City is not tasking Staff along with Mead and
Hunt to prepare the feasibility Study, concerns regarding funding of the Civic Hub Project
(Project), and going over budget in the long run. Administrative/Financial Services Director DeLeo
discussed funding of the Civic Hub Project. City Manager Morley explained the Item, Phase 1 and
2 of the Project, KHA is designing the Project which is why they would prepare the Study, and the
purpose of the M&H Center Street Basin Stormwater Report. Capital Projects Deputy Director
Carlisle discussed how data obtained from the M&H Report will be used to identify and provide
stormwater volumes underground, and will help determine cost benefits going forward.
Discussion continued regarding next steps, the Presidential Streets Plan, how both firms are
capable of handling the task, both firms would charge the City for their time if requested to appear
at the next City Council Meeting, and desire to move forward with the Item. A motion was made
by Mayor Pro Tem Kellum, seconded by Council Member Willis, to approve Consent Agenda
Item 3. The motion carried 5-0.
Mayor Morrison recessed the meeting at 7:32 p.m. The meeting reconvened at 7:45 p.m.
PUBLIC HEARINGS:
4. Ordinance No. 10-2023; amending the City of Cape Canaveral Comprehensive Plan
Future Land Use Element by establishing a Mixed -use (MXU) Land Use Category and related
Objective and Policies, providing for the repeal of prior inconsistent ordinances and
resolutions, severability, incorporation into the Comprehensive Plan, an effective date and legal
status of the Plan amendments, second reading. (Postponed from the December 19, 2023 City
Council Regular Meeting): City Attorney Garganese read the title into the record, noted the Item's
postponement by the Council to this Meeting, and gave a Live Local Act (LLA) slide presentation
summarizing Florida Statute 166.04151, including pending legislation which may change the LLA.
Discussion ensued and included City Attorney Garganese's opinions regarding language in the
LLA Statute which would not impact the City's MXU Ordinance, conforming versus non-
conforming density, vested rights certificates issued to various condominiums in the City, and
concerns around the City Code's silence with regard to small square footage rental units. The
Public Hearing was opened. Tom Hermanson, business owner, expressed support for the
Ordinance. Andrea Shea King, resident and property owner, discussed concerns regarding the LLA,
and requested a copy of the slide presentation. Discussion continued regarding the Planning and
Zoning Board's power to make recommendations to the Community and Economic Development
Director, who takes final action under the LLA, how the Florida Legislature is trying to speed up
approval processes with regard to LLA related projects, possible unconstitutionality of the LLA,
and responsibilities placed on employees. The Public Hearing was closed. Discussion ensued and
included eligible properties for MXU in the City, the Comprehensive Plan approval process, the
proposed MXU process which requires a Planned Unit Development and Binding Development
Agreement at the same time, desire to introduce the MXU process in a workshop meeting to
obtain feedback, and desire to move forward with the Item. City Attorney Garganese noted
developers must come before the Council prior to filing MXU Project applications with the City. A
motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to adopt
Ordinance No. 10-2023, at second reading. The motion carried 5-0.
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting • January 16, 2024
Minutes • Page 3 of 8
Mayor Morrison requested Council allow Agenda Item 9. be moved ahead in the order of the
Agenda to allow a property owner to speak. Council did not reach consensus nor object to the
request.
9. Ordinance No. 09-2024; adopting a Small Scale Future Land Use Map amendment by
changing the Future Land Use Map Designation for several parcels of property legally
described as Lots 1 and 2 of Jefferson Villas Phase II according to the Plat thereof recorded at
Plat Book 49, Page 26 of the Public Records of Brevard County, Florida, and located at 108,
110, 112 and 114 Jefferson Avenue, Lots 5, 6, 7 and 8 of San Tomas Villas Phase II according to
the Plat thereof recorded at Plat Book 36, Page 9 of the Public Records of Brevard County,
Florida and located at 116, 118, 120 and 122 Jefferson Avenue, Lots 12, 13 and 14 of San Tomas
Villas Phase IV according to the Plat thereof recorded at Plat Book 36, Page 80 of the Public
Records of Brevard County, Florida and located at 124, 126, and 128 Jefferson Avenue, Lots 1
and 2 of Adams Villas Phase II according to the Plat thereof recorded at Plat Book 48, Page 6
of the Public Records of Brevard County, Florida, and located at 107, 109, 111, and 113 Adams
Avenue, Lots 1, 2, 3 and 4 of San Tomas Villas according to the Plat thereof recorded at Plat
Book 35, Page 13 of the Public Records of Brevard County, Florida and located at 115, 117, 119
and 121 Adams Avenue, Lots 9,10, and 11 of San Tomas Villas Phase III according to the Plat
thereof recorded at Plat Book 36, Page 55 of the Public Records of Brevard County, Florida
and located at 123, 125 and 127 Adams Avenue from C-1 Commercial to R-2 Residential;
providing the property subject to this Ordinance is more particularly depicted and legally
described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent
ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an
effective date, second reading: City Attorney Garganese read the titles of the Ordinances into
the record. The Public Hearing was opened. Jenna Poore, owner of 107 Adams Avenue, discussed
desire for that property to remain in commercial status and why including the flexibility to rent
the property out, and the fact the property is adjacent to commercial businesses. The Public
Hearing was closed. Discussion ensued and included the property line of the duplex which runs
underneath the shared wall with Ms. Poore's neighbor, short-term rentals versus one-night
rentals, residential versus commercial zoned properties, desire for the City to be consistent with
conforming properties going forward, and inquiry regarding what would happen to the property
should Ms. Poore decide to sell after having opted out of the Ordinance. City Attorney Garganese
discussed the property would be non -conforming and a new owner would not be able to rebuild
the dwelling unit after a fire, exacerbated by the fact that 107 Adams Avenue is a duplex. Ms.
Poore indicated she was not aware of the commercial square footage requirements for rebuilding
and discussed her intentions and use of the property. Discussion continued regarding how no
other shared duplex or townhouse properties have been allowed to opt out of these proposed
re -zonings, concerns for the neighbor sharing the wall at 107 Adams Avenue, and how the
property has been platted as a townhouse project which alludes to restrictions. City Attorney
Garganese explained that if Council were to keep it commercial, both units would be non-
conforming and would have serious issues trying to rebuild as a dwelling unit because they are
no longer allowed, explained the minimum seven-day rental restriction has never applied to
commercial property, his understanding the property owner of 107 Adams Avenue has a seven-
day rental registration and Business Tax Receipt (BTR), and therefore if the property were rezoned
residential, their vacation rental registration and BTR would both be grandfathered in. Attorney
Garganese further explained that as long as they maintain that registration and BTR, and because
this property has always been zoned C-1, the property owner would still be able to continue to
rent for less than seven -days, and if the property is rezoned residential, the dwelling unit
becomes conforming. Discussion continued regarding the potential negative impacts to both
property owners of not allowing 107 Adams Avenue to become a conforming use dwelling unit,
the various potential processes owners would have to go through to rebuild, residential plat
restrictions of the townhouse development with no commercial use authorized, and desire to
put minimum rental restrictions on commercial properties. Mayor Morrison thanked Ms. Poore
and suggested contacting Staff for additional assistance. A motion was made by Council
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting • January 16, 2024
Minutes • Page 4 of 8
Member Willis, seconded by Council Member Davis, to adopt Ordinance No. 09-2024, as
written, on second reading. The motion carried 5-0.
Ordinance No. 10-2024; adopting a Zoning Map Amendment for several parcels of property
legally described as Lots 1 and 2 of Jefferson Villas Phase II according to the Plat thereof
recorded at Plat Book 49, Page 26 of the Public Records of Brevard County, Florida, and located
at 108, 110, 112 and 114 Jefferson Avenue, Lots 5, 6, 7 and 8 of San Tomas Villas Phase II
according to the Plat thereof recorded at Plat Book 36, Page 9 of the Public Records of Brevard
County, Florida and located at 116, 118, 120 and 122 Jefferson Avenue, Lots 12, 13 and 14 of San
Tomas Villas Phase IV according to the Plat thereof recorded at Plat Book 36, Page 80 of the
Public Records of Brevard County, Florida and located at 124, 126, and 128 Jefferson Avenue,
Lots 1 and 2 of Adams Villas Phase II according to the Plat thereof recorded at Plat Book 48,
Page 6 of the Public Records of Brevard County, Florida, and located at 107, 109, 111, and 113
Adams Avenue, Lots 1, 2, 3 and 4 of San Tomas Villas according to the Plat thereof recorded at
Plat Book 35, Page 13 of the Public Records of Brevard County, Florida and located at 115, 117,
119 and 121 Adams Avenue, Lots 9,10, and 11 of San Tomas Villas Phase III according to the Plat
thereof recorded at Plat Book 36, Page 55 of the Public Records of Brevard County, Florida and
located at 123, 125 and 127 Adams Avenue from the current City C-1 Low Density Commercial
Zoning District Designation to the City R-2 Medium Density Residential Zoning District
Designation; providing the property subject to this Ordinance is more particularly depicted
and legally described on Exhibit "A" attached hereto; providing for the repeal of prior
inconsistent ordinances and resolutions, severability an effective date, second reading: A
motion was made by Council Member Davis, seconded by Council Member Willis, to adopt
Ordinance No. 10-2024, on second reading. The motion carried 5-0.
5. Ordinance No. 01-2024; adopting a Small Scale Future Land Use Map Amendment by
changing the Future Land Use Map Designation of several parcels of property legally
described as Lots 1 through 8, Ocean Court, according to the Plat thereof, as recorded in Plat
Book 40, Page 17, of the Public Records of Brevard County, Florida and located at 8657, 8659,
8661, 8663, 8665, 8667, 8669, and 8671 Maple Court from C-1 Commercial to R-2 Residential;
providing the property subject to this Ordinance is more particularly depicted and legally
described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent
ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an
effective date, second reading: City Attorney Garganese read the titles of the Ordinances into
the record. The Public Hearing was opened. There being no comment, the Public Hearing was
closed. A motion was made by Council Member Davis, seconded by Council Member Willis,
to adopt Ordinance No. 01-2024, on second reading. The motion carried 5-0.
Ordinance No. 02-2024; adopting a Zoning Map Amendment for several parcels of property
legally described as Lots 1 through 8, Ocean Court, according to the Plat thereof, as recorded
in Plat Book 40, Page 17, of the Public Records of Brevard County, Florida and located at 8657,
8659, 8661, 8663, 8665, 8667, 8669, and 8671 Maple Court from the current City C-1 Low
Density Commercial Zoning District Designation to the City R-2 Medium Density Residential
Zoning District Designation; providing the property subject to this Ordinance is more
particularly depicted and legally described on Exhibit "A" attached hereto; providing for the
repeal of prior inconsistent ordinances and resolutions, severability an effective date, first
reading: A motion was made by Mayor Pro Tem Kellum, seconded by Council Member
Willis, to adopt Ordinance No. 02-2024, on second reading. The motion carried 5-0.
6. Ordinance No. 03-2024; adopting a Small Scale Future Land Use Map Amendment by
changing the Future Land Use Map Designation of several parcels of property legally
described as Lots 1 through 15, Park Villas, according to the Plat thereof, as recorded in Plat
Book 38, Page 74, of the Public Records of Brevard County, Florida and located at lot, 104,
106, 108, 110, 112, 114, 116, 118, 120, 122, 124, 126, 128, 130, 132, and 134 Washington Avenue
from C-1 Commercial to R-2 Residential; providing the property subject to this Ordinance is
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting • January 16, 2024
Minutes • Page 5 of 8
more particularly depicted and legally described on Exhibit "A" attached hereto; providing for
the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into
the Comprehensive Plan and an effective date, second reading: City Attorney Garganese read
the titles of the Ordinances into the record. The Public Hearing was opened. There being no
comment, the Public Hearing was closed. A motion was made by Council Member Willis,
seconded by Council Member Davis, to adopt Ordinance No. 03-2024, on second reading.
The motion carried 5-0.
Ordinance No. 04-2024; adopting a Zoning Map Amendment for several parcels of property
legally described as Lots 1 through 15, Park Villas, according to the Plat thereof, as recorded
in Plat Book 38, Page 74, of the Public Records of Brevard County, Florida and located at lot,
104106, 108, 110, 112, 114, 116, 118, 120, 122, 124, 126, 128, 130, 132, and 134 Washington Avenue
from the current City C-1 Low Density Commercial Zoning District Designation to the City R-2
Medium Density Residential Zoning District Designation; providing the property subject to
this Ordinance is more particularly depicted and legally described on Exhibit "A" attached
hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability
an effective date, second reading: A motion was made by Council Member Willis, seconded
by Council Member Davis, to adopt Ordinance No. 04-2024, on second reading. The
motion carried 5-0.
7. Ordinance No. 05-2024; adopting a Small Scale Future Land Use Map Amendment by
changing the Future Land Use Map Designation of several parcels of property legally
described as the Oaks Condominium Phases I, II, III and IV and located at 201 International
Drive from C-1 Commercial to R-3 Residential; providing the property subject to this
Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto;
providing for the repeal of prior inconsistent ordinances and resolutions, severability,
incorporation into the Comprehensive Plan and an effective date, second reading: City
Attorney Garganese read the titles of the Ordinances into the record. The Public Hearing was
opened. There being no comment, the Public Hearing was closed. A motion was made by
Council Member Davis, seconded by Council Member Jackson, to adopt Ordinance No. 05-
2024, on second reading. The motion carried 5-0.
Ordinance No. 06-2024; adopting a Zoning Map Amendment for several parcels of property
legally described as the Oaks Condominium Phases I, II, III and IV and located at 201
International Drive from the current City C-1 Low Density Commercial Zoning District
Designation to the City R-3 Medium Density Residential Zoning District Designation;
providing the property subject to this Ordinance is more particularly depicted and legally
described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent
ordinances and resolutions, severability an effective date, second reading: A motion was
made by Council Member Willis, seconded by Council Member Davis, to adopt Ordinance
No. 06-2024, on second reading. The motion carried 5-0.
8. Ordinance No. 07-2024; adopting a Small Scale Future Land Use Map Amendment by
changing the Future Land Use Map Designation of several contiguous parcels of property
generally located between Washington Avenue and Adams Avenue and west of Poinsetta
Avenue which are legally described as Lots 1 through 4 of the Villagio Townhomes according
to the Plat thereto recorded at Plat Book 55, Page 92 of the Public Records of Brevard County,
Florida located at 103, 105, 107 and 109 Washington Avenue, Vacant Tax Parcels 24-37-23-CG-
1-4 and 24-37-23-CG-1-5 located on Washington Avenue, Tax Parcel 24-37-23-CG-1-16 located
at 128 Adams Avenue, and Lots 14A,14B,14C and 14D of the Breezeway Townhouses according
to the Plat thereto recorded at Plat Book 31, Page 59 of the Public Records of Brevard County,
Florida located at 120, 122,124 and 126 Adams Avenue from C-1 Commercial to R-2 Residential;
providing the property subject to this Ordinance is more particularly depicted and legally
described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent
ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting • January 16, 2024
Minutes • Page 6 of 8
effective date, second reading: City Attorney Garganese read the titles of the Ordinances into
the record. The Public Hearing was opened. There being no comment, the Public Hearing was
closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis,
to adopt Ordinance No. 07-2024, on second reading. The motion carried 5-0.
Ordinance No. 08-2024; adopting a Zoning Map Amendment of several contiguous parcels of
property generally located between Washington Avenue and Adams Avenue and west of
Poinsetta Avenue which are legally described as Lots 1 through 4 of the Villagio Townhomes
according to the Plat thereto recorded at Plat Book 55, Page 92 of the Public Records of
Brevard County, Florida located at 103, 105, 107 and 109 Washington Avenue, Vacant Tax
Parcels 24-37-23-CG-1-4 and 24-37-23-CG-1-5 located on Washington Avenue, Tax Parcel 24-
37-23-CG-1-16 located at 128 Adams Avenue, and Lots 14A,14B, 14C and 14D of the Breezeway
Townhouses according to the Plat thereto recorded at Plat Book 31, Page 59 of the Public
Records of Brevard County, Florida located at 120, 120, 122, 124 and 126 Adams Avenue from
the current City C-1 Low Density Commercial Zoning District Designation to the City R-2
Medium Density Residential Zoning District Designation; providing the property subject to
this Ordinance is more particularly depicted and legally described on Exhibit "A" attached
hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability
an effective date, second reading: A motion was made by Council Member Willis, seconded
by Council Member Davis, to adopt Ordinance No. 08-2024, on second reading. The
motion carried 5-0.
A motion was made by Council Member Willis, seconded by Council Member Davis, to
extend the Meeting until 10:15 p.m. The motion carried 5-0.
10. Ordinance No. 11-2024; adopting a Small Scale Future Land Use Map amendment by
changing the Future Land Use Map Designation for property legally described as the
Canaveral Breakers Annex Apartments, a condominium inclusive of all units and common
area, as described in and according to the Declaration of Condominium recorded in Official
Records Book 1128, Page 181 to 202 inclusive, as amended, all of the Public Records of Brevard
County, Florida and which is located at 8522 N. Atlantic Avenue from C-1 Commercial to R-2
Residential; providing the property subject to this Ordinance is more particularly depicted and
legally described on Exhibit "A" attached hereto; providing for the repeal of prior inconsistent
ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an
effective date, second reading: City Attorney Garganese read the titles of the Ordinances into
the record. The Public Hearing was opened. There being no comment, the Public Hearing was
closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Davis,
to adopt Ordinance No. 11-2024, on second reading. The motion carried 5-0.
Ordinance No. 12-2024; adopting a Zoning Map Amendment for several parcels of property
legally described as the Canaveral Breakers Annex Apartments, a condominium inclusive of all
units and common area, as described in and according to the Declaration of Condominium
recorded in Official Records Book 1128, Page 181 to 202 inclusive, as amended, all of the Public
Records of Brevard County, Florida and which is located at 8522 N. Atlantic Avenue from the
current City C-1 Low Density Commercial Zoning District Designation to the City R-2 Medium
Density Residential Zoning District Designation; providing the property subject to this
Ordinance is more particularly depicted and legally described on Exhibit "A" attached hereto;
providing for the repeal of prior inconsistent ordinances and resolutions, severability an
effective date, second reading: A motion was made by Council Member Willis, seconded by
Mayor Pro Tem Kellum, to adopt Ordinance No. 12-2024, on second reading. The motion
carried 5-0.
11. Ordinance No. 13-2024; adopting a Small Scale Future Land Use Map amendment by
changing the Future Land Use Map Designation for a portion of Lot 3, Block 9, Cape Canaveral
Beach Gardens, Unit No. 2, as recorded in Plat Book 17, Pages 81 and 82, of the Public Records
of Brevard County, Florida, which is located at 102 E. Central Boulevard from C-1 Commercial
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting • January 16, 2024
Minutes • Page 7 of 8
to R-2 Residential; providing the property subject to this Ordinance is more particularly
depicted and legally described on Exhibit "A" attached hereto; providing for the repeal of
prior inconsistent ordinances and resolutions, severability, incorporation into the
Comprehensive Plan and an effective date, second reading: City Attorney Garganese read the
titles of the Ordinances into the record. The Public Hearing was opened. There being no
comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem Kellum,
seconded by Council Member Willis, to adopt Ordinance No. 13-2024, on second reading.
The motion carried 5-0.
Ordinance No. 14-2024; adopting a Zoning Map Amendment for a portion of Lot 3, Block 9,
Cape Canaveral Beach Gardens, Unit No. 2, as recorded in Plat Book 17, Pages 81 and 82, of
the Public Records of Brevard County, Florida, which is located at 102 E. Central Boulevard
from the current City C-1 Low Density Commercial Zoning District Designation to the City R-2
Medium Density Residential Zoning District Designation; providing the property subject to
this Ordinance is more particularly depicted and legally described on Exhibit "A" attached
hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability
an effective date, second reading: A motion was made by Council Member Davis, seconded
by Council Member Willis, to adopt Ordinance No. 14-2024, on second reading. The
motion carried 5-0.
12. Ordinance No. 15-2024; adopting a Small Scale Future Land Use Map amendment by
changing the Future Land Use Map Designation for Lots 11, 12 and 13, Block 13, Avon by the
Sea, according to the Map or Plat thereof, as recorded in Plat Book 3, Page 7, of the Public
Records of Brevard County, Florida and located at 108, 112, 114 and 116 Madison Avenue from
C-1 Commercial to R-2 Residential; providing the property subject to this Ordinance is more
particularly depicted and legally described on Exhibit "A" attached hereto; providing for the
repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the
Comprehensive Plan and an effective date, second reading: City Attorney Garganese read the
titles of the Ordinances into the record. The Public Hearing was opened. There being no
comment, the Public Hearing was closed. A motion was made by Council Member Davis,
seconded by Council Member Willis, to adopt Ordinance No. 15-2024, on second reading.
The motion carried 5-0.
Ordinance No. 16-2024; adopting a Zoning Map Amendment for Lots 11, 12 and 13, Block 13,
Avon by the Sea, according to the Map or Plat thereof, as recorded in Plat Book 3, Page 7, of
the Public Records of Brevard County, Florida and located at 108, 112, 114 and 116 Madison
Avenue from the current City C-1 Low Density Commercial Zoning District Designation to the
City R-2 Medium Density Residential Zoning District Designation; providing the property
subject to this Ordinance is more particularly depicted and legally described on Exhibit "A"
attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions,
severability an effective date, second reading: A motion was made by Council Member Davis,
seconded by Mayor Pro Tem Kellum, to adopt Ordinance No. 16-2024, on second reading.
The motion carried 5-0.
ITEMS FOR DISCUSSION:
13. EV Charging Station Additional Options, New Trends, and State of the Industry
Discussion (Submitted by Council Member Jackson): Council Member Jackson explained the
Item. A motion was made by Council Member Jackson, seconded by Mayor Pro Tem Kellum,
to extend the Meeting until 10:30 p.m. The motion carried 5-0. Discussion ensued and
included a desire to give the subject more time, desire for data and reports from Staff going
forward, keeping track of EV trends, and how local hotels offer EV charging to guests only. A
motion was made by Council Member Jackson, seconded by Council Member Willis, to
extend the Meeting until 10:40 p.m. The motion carried 5-0. Discussion continued regarding
the desire to find out if lithium batteries are being shipped out of Brevard County for recycling,
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting • January 16, 2024
Minutes • Page 8 of 8
and a desire to make sure the City is not losing money with the EV Charging Station Program. City
Manager Morley confirmed Staff will provide any data or information requested, and it will be up
to Council Member Jackson to retool the Item for Discussion which will be placed earlier on the
Agenda next month, with assistance from the City Clerk's Office.
14. Discussion on the City Monthly Financial Reports, Budget and CIP (Submitted by Mayor
Morrison): Mayor Morrison explained the Item. Capital Projects Deputy Director Carlisle discussed
the GIS Map of City Capital Projects that he is building. Administrative/Financial Services Director
DeLeo discussed how the Reports will be provided and presented beginning in February.
REPORTS:
Council Member Davis discussed attending the Space Coast League of Cities (SCLOC) Meeting
January 8, 2024, the SCLOC plans to host a future Full and Public Disclosure Form 6 seminar for
elected and other municipal officials in Cocoa, suggested bringing any State Legislative issues that
the Council might need addressed to her as their representative on the SCLOC Board of Directors,
and noted that she distributed Legislative Updates provided by the Florida League of Cities.
Council Member Willis discussed the next scheduled Coffee with a Cop will be Monday, February
5, 2024 at Cherie Down Park.
Council Member Jackson discussed a request to partner with Bluewater Research Institute to start
a Right Whale Watching Program for our area in an effort to protect baby whales from being hit
and killed by boats at Port Canaveral.
Mayor Pro Tem Kellum discussed positive feedback and excitement over the Veterans Memorial
Park Project and thanked Staff.
Mayor Morrison discussed a vest and a Second Annual Cape Canaveral Volunteer Firefighters Ball
Program from 1984 donated by a former Fire Department volunteer Sandi Klotz, announced the
Florida League of Mayors "If I Were Mayor" Essay Contest for sixth, seventh and eighth graders,
upcoming Annual Sea Oats Planting, and desire to call a City Council Workshop to work through
issues regarding the Community and Economic Development Department and properties located
on Fillmore and Jackson Avenues and indicated he would coordinate with the City Manager and
the City Attorney.
City Manager Morley announced Coffee with the City Manager resumes Friday, January 19, 2024
at 10:00 a.m.
City Attorney Garganese noted the Florida Legislature is proposing to preempt local governments
from regulating EV Charging Stations with Senate Bill 1084.
ADJOURNMENT: The Meeting was adjourned at 10:53 p.m.
Wes Morrison, Mayor
Mia Goforth, City Clerk
DRAFT
CAPE CANAVERAL CITY COUNCIL SPECIAL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
Wednesday
January 24, 2024
2:30 p.m.
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 2:30 p.m.; Council Member Jackson
led the Pledge of Allegiance.
ROLL CALL:
Council Members Present:
Council Member
Council Member
Mayor Pro Tem
Mayor
Council Member
Kim Davis
Kay Jackson
Mickie Kellum
Wes Morrison
Don Willis
Others Present:
City Manager
City Attorney
Deputy City Clerk
Administrative/Financial Services Director
Building Official
Deputy Building Official
Community + Economic Development (C+ED) Dir.
C+ED Deputy Director/Code Enforcement Manager
C+ED Code Enforcement Officer
C+ED Sustainability Manager
C+ED Senior Planner
C+ED Resiliency Services Engineering Manager
C+ED Executive Assistant/Department Admin.
Human Resources/Risk Management Director
Public Works Services Director
Public Works Services Deputy Director
Executive Assistant to City Manager/Office Manager
Brevard County Sheriff's Office Lieutenant
Todd Morley
Anthony Garganese (arrived 2:33 p.m.)
Daniel LeFever
John DeLeo
Michael German
Shaun Milligan
Dave Dickey
Brian Palmer
Chris Robinson
Zachary Eichholz
Kyle Harris
Alexis Miller
Renee Yother
Melinda Huser
June Clark
Jessica Erdman
Lisa Day
Scott Molyneaux
APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: A motion was made by
Mayor Pro Tem Kellum, seconded by Council Member Willis, to approve the Agenda as written.
The motion carried 5-0.
PUBLIC PARTICIPATION: Peg Schaller, owner of Ellie Mae's Tiki Bar, discussed code violations of
the adjacent tenant at 120 Jackson Avenue, a debris fire that occurred in March 2024, alleged
inaction from the City regarding her Code Enforcement complaints, and accused City Code
Enforcement officers of retaliation for issuing her multiple notices of violation. Upon hitting the
three -minute timer limit, Mayor Morrison permitted Ms. Schaller to speak for an additional seven
minutes, after stating there was no objection from Council. Ms. Schaller continued discussing a
personal injury claim against the adjacent tenant at 120 Jackson Avenue due to a faulty railing
that has resulted in her being sued.
ITEM FOR CONSIDERATION:
Review of Community Development Department roles, responsibilities and discuss actions
proposed to resolve current issues for properties located on Fillmore Avenue and Jackson
Avenue. (Submitted by Mayor Morrison): Mayor Morrison explained his submitted item. Council
and Staff discussion ensued and included better communication and friendliness with business
City of Cape Canaveral, Florida DRAFT
January 24, 2024 City Council Special Meeting
Minutes
Page 2 of 3
owners, resolving long-standing property owner issues, prioritization of Code Enforcement cases,
investigative and enforcement steps regarding complaints, Staff preference for achieving
voluntary compliance from and working with identified violators, use of formal notices of
violations, magistrate hearings, liens, and potential foreclosures for violators that do not come
into compliance, City options for further enforcement are limited once a lien is in place, State
property rights restrictions on Code Enforcement officers' ability to physically/visibly investigate
some complaints, training a new City Code Enforcement officer, there being no known private
contracting service for Code Enforcement officers, further utilization of existing software to track
existing Code Enforcement cases, and potential revisions to older/archaic parts of the City Code.
Discussion shifted to stormwater and utility issues at Fillmore Avenue that resulted from revisions
to the site plan, prior verbal communications between the former City Engineer and former Public
Works Services Director, who has the authority to request such revisions on the part of the
contractor, whether the individual that requested the revision was authorized to do so, recent
internal administrative policy revisions to eliminate verbal approvals and authorizations, providing
better documentation, and attempts to coordinate with Florida Power and Light (FPL) regarding
building development/construction site utilities. City Manager Morley read a letter into the record
from Gary Wittekind of Cape III, LLC regarding the status of working with FPL on the project.
Mayor Morrison read a text message into the record from Jim Hurst, property owner at 306
Fillmore Avenue, regarding the most recent FPL actions at the site. Discussion continued regarding
the City's utility franchise agreement with FPL, how much leverage, if any, the City has in regards
to FPL's actions, next steps on the Fillmore Avenue project, reversion of stormwater inlet and swale
revisions, Allen Engineering to perform a recertification review of the property's stormwater
system at the conclusion of the project, an upcoming Staff meeting with representatives from the
Fillmore Avenue project, preference to have a member of City Council present at said meeting,
costs of contracting an independent engineering firm to review the project, past Council Meeting
debates on costs and necessity of engineering reviews and analyses, and preferences to move
forward expeditiously. Council reached Consensus to request the following, regarding the
Fillmore Avenue project, as amended from Mayor Morrison's submitted item summary:
1. Obtain and distribute to City Council a building permit inspections report showing date,
type of inspection and disposition, and in the case of failed inspections, cited codes and
any inspector notes. This report applies to all codes applicable to all permitted construction
performed at 304, 306, 314 and 316 Fillmore Avenue. Include Building Official's statement
that all necessary inspections were ultimately approved.
2. Obtain an Engineering Report of:
a. Existing site conditions, and
b. a review of all site -related permit documents submitted by Allen Engineering and
former City Engineer John Pekar for all site -related permitted construction performed
at 304, 306, 314 and 316 Fillmore Avenue (approved plans, letters, and calculations).
The purpose and scope of the report is intended to ensure that the original design, as
revised, meets or exceeds all applicable City Codes related to site development, including
but not limited to the onsite stormwater drainage system and its connection to the
municipal stormwater drainage system. The report shall note any improvements which
deviate from original plans and indicate whether such deviation complies with City Code
or, if not, recommendations for modifications necessary to comply with City Code. Note:
particular attention shall be given to a revision related to the municipal stormwater inlet in
the driveway of 306 Fillmore Avenue, to which the onsite stormwater drainage system is
connected. In the original plan, a new storm inlet was to be located to the east of the old
(original) inlet, but the revision called for the old inlet to remain in its original location. A
connecting pipe size was changed to accommodate.
3. Request plans and confirmation on a date for FPL to remove overhead lines and reinstall all
lines underground, consistent with City Code.
City of Cape Canaveral, Florida DRAFT
January 24, 2024 City Council Special Meeting
Minutes
Page 3 of 3
4. Utilizing the Engineering Report (above), exercise available remedies to gain compliance
on identified City Code -related deficiencies; and report status updates to the City Council.
5. City Manager and City Attorney present any findings and or opportunities in a report to be
distributed to the City Council on ways the City can improve our Community Development
Department.
Mayor Morrison recessed the Meeting at 4:55 p.m.; the Meeting reconvened at 5:07 p.m.
Discussion ensued regarding the properties at 116, 118 and 120 Jackson Avenue and included
Code Enforcement Staff efforts to populate the BS&A database with complete documentation,
focusing on the most recent year and working backwards, upcoming finalization of a Code
Enforcement Officer Handbook that will include a flowchart and standardized procedures, public
access to BS&A and related training videos, training and certification requirements for Code
Enforcement officers, building reports with BS&A and what may or may not be able to be included
in such reports. Council reached Consensus to request the following, regarding the properties at
116, 118 and 120 Jackson Avenue, as amended from Mayor Morrison's submitted item summary:
1. Provide a Report showing all actions and correspondence related to Code Enforcement at
114, 116, 118 and 120 Jackson Avenue for the period from January 1, 2016 through January
24, 2024. The Report shall include all records available, whether generated by the City's
BS&A software system or any other record storage method employed by the City's Code
Enforcement Department.
2. Create and distribute Administrative Procedures reviewed and approved by our City
Attorney complying with FL State Law and City Code to be followed by our City Code
Enforcement Officers.
3. For our City Code Enforcement employees, provide a listing of:
a. Required certifications, training and ongoing continuing education, and
b. Achieved certifications, training and ongoing continuing education.
4. Distribute a monthly BS&A report of all open Code Enforcement Cases and an annual report
of closed Code Enforcement Cases. Include other important data provided by BS&A such
as date created, status, and or any other information necessary to monitor.
5. Present any findings and or opportunities to be distributed to the City Council on ways the
City can improve our Community Development Department as it relates to Code
Enforcement.
Mayor Morrison permitted Peg Schaller additional time to speak. Ms. Schaller asked Council to
expand its scope of its request for Code Enforcement records back to 2016, detailed an open
violation for sewage, alleged months and years of inaction on Code Enforcement complaints,
claimed increases in insurance premiums and difficulties with acquiring and maintaining insurance
policies for her business as a result of the City's actions and inactions, and questioned whether
the City's Code Enforcement officers engaged in practices of retaliation and sexism.
ADJOURNMENT: The Special Meeting was adjourned at 5:32 p.m.
Wes Morrison, Mayor
Daniel LeFever, Deputy City Clerk
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • FEBRUARY 20, 2024
AGENDA ITEM SUMMARY • ITEM # 2
Subject: Accept the Annual Audited Financial Statements and Independent Auditor's Report for the
Fiscal Year ended September 30, 2023.
Department: Administrative/Financial Services
Summary: During Presentations at this Regular Meeting, Council will have been provided their
Annual Audit of the City's Financial Statements for the Fiscal Year ended September 30, 2023. Each
year, this item is placed in the agenda under the Consent Agenda, recommending a formal vote
take place to accept the annual audit as presented.
Submitting Department Director: John DeLeo
Attachments:
None
Financial Impact: Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following action:
Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year
ended September 30, 2023.
Approved by City Manager: Todd Morley
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • FEBRUARY 20, 2024
AGENDA ITEM SUMMARY • ITEM # 3
Subject: Approve proposal from Mead & Hunt, Inc. in the amount of $58,459 for Construction
Phase Engineering Services as part of the Center Street Pump Station and authorize City Manager
to execute same.
Department: Capital Projects
Summary: This item will authorize Construction Phase Engineering Services for the Center Street
Pump Station Project.
History: The Center Street Stormwater basin was designed and constructed in the 1960s and
consists of various sizes of concrete reinforced pipe and over 75 inlets. Very few additions or
improvements to the stormwater infrastructure have been made over the past 50+ years and
impervious improvements continued to be constructed in the form of private residences with
concrete/asphalt driveways, patios, etc., exposing previously unknown limitations of the system's
design. Stormwater from the drainage basin discharges to the Banana River Lagoon (BRL) through
a nutrient separating baffle box located at the western end of Center Street.
In recent years, the city experienced several significant weather events, some of which included
peak rainfall rates of up to 19.2 inches per hour. These weather events resulted in significant
flooding of streets and several private properties, especially in the Presidential Streets area, located
in the central and southern portions of the City.
City Council responded by taking the following actions:
August 17, 2021. City Council authorized the City's consultant engineering firm, Mead & Hunt
(M&H), to conduct a study of the basin and propose recommend improvements.
April 20, 2022. City Council received the M&H study, which proposed several improvements to
assist in alleviating the flooding problems, including upsizing of pipes, purchase of land for a wet
detention pond and the construction of a pump station along Center Street and a tidal valve at the
BRL outfall. The study advised that more than one improvement may be required.
May 17, 2022. City Council authorized M&H to prepare an engineering design for the Center Street
Pump and Tidal Valve improvement option in the amount of: $88,021. At this phase of the project,
it was unknown what future construction costs would be. Accordingly, the fee for Construction
Phase Engineering Services (this item) was not included at the time
September 28, 2023. The design was put out to bid.
October 17, 2023. City Council authorized the Owner Direct Purchase (ODP) of the pump in the
amount of $177,685.
November 21, 2023. City Council authorized the ODP of the Tidal Valve in the amount of $76,431
and awarded the bid for Center Street Drainage Improvements in the amount of $588,818.05 to
Centroid Diversified, Inc.
Project Status and Funding: With an approved design and construction costs known, M&H is able
to produce this proposal for Construction Phase Engineering Services in the amount of $58,459. A
copy of M&H's proposal and scope of services is attached. This Project is funded through the
City of Cape Canaveral
City Council Meeting • February 20, 2024
Agenda Item # 3_
Page 2 of 2
American Rescue Plan Act (ARPA) and a Resilient Florida Grant through the Florida Department of
Environmental Protection (FDEP).
Tabulation of all costs for Center Street Basin Stormwater Pump Project:
Item
Cost
Engineered Design (M&H)
$88,021.00
Pump (ODP)
$177,685.00
Tidal Valve (ODP)
$76,431.00
Bid Award (Centroid Diversified, Inc.
$588,818.05
Construction Phase Engineering Services (this item)
$58,459.00
Total:
$989,414.05
Submitting Department Director: Tim Carlisle
Attachment:
Mead & Hunt Center Street Basin Stormwater Pump Station - Construction Phase Services
Proposal
Financial Impact: $58,459 for Construction Phase Engineering Services as part of the Center Street
Pump Station funded by ARPA and FDEP Grant; Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following actions: Approve proposal
from M&H in the amount of $58,459 for Construction Phase Engineering Services as part of the
Center Street Pump Station and authorize City Manager to execute same.
Approved by City Manager: Todd Morley
Mead
Hunt
January 17, 2024
Jeff Ratliff
City of Cape Canaveral
100 Polk Avenue
PO Box 236
Cape Canaveral, FL 32920
Email: J.Ratliff@cityofcapecanaveral.orq
Subject: Center Street Basin Stormwater Pump Station — Construction Phase Services
Dear Mr. Ratliff,
Enclosed please find our revised proposal for services during construction for the above referenced project.
The enclosed proposal includes the scope of services and estimated fees that we understand the City
desires so to have us provide complete contract administration, inspection and engineer of record services.
We appreciate this opportunity to continue serving the City. If you have any questions or require additional
information, please contact me.
Sincerely,
MEAD & HUNT, Inc.
David King, P.E.
Vice President
DK/NA; bf
Enclosures: Scope of Services
Labor Breakdown
Noah Adamoski
Construction Services Supervisor
Mead & Hunt 14401 Eastport Parkway, Port Orange, FL, 32127 1386-761-6810 I meadhunt.com
Jeff Ratliff
January 17, 2024
Page 2
SCOPE OF SERVICES
FOR
CENTER STREET BASIN STORMWATER PUMP STATION
CONSTRUCTION PHASE SERVICES
This Task Order is in conformance with the Agreement for Engineering, Surveying and Architectural
Services, dated May 25, 2023, between the City of Cape Canaveral (CITY) and Mead & Hunt, Inc. (MEAD
& HUNT) and is referred to herein as the Contract.
GENERAL
MEAD & HUNT previously completed the design, permitting and bidding assistance for the project. The
CITY desires MEAD & HUNT to assist with the construction phase.
SCOPE OF SERVICES
After receipt of authorization to proceed, MEAD & HUNT will provide the following services:
PHASE 1 — PROJECT MANAGEMENT
MEAD & HUNT'S Project Manager (PM) will monitor and manage the project budget, schedule, and scope
throughout the estimated six (6) month project duration. The PM will manage the development of project
work and any subconsultant efforts.
Deliverables: Monthly Invoices.
PHASE 2 — CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES
MEAD & HUNT will prepare conformed drawings and technical specifications "Issued for Construction" by
incorporating bidder questions and addendums and provide those to the CITY (in electronic format) for
inclusion in the Contract documents.
MEAD & HUNT will coordinate and preside over one (1) in -person pre -construction meeting with the CITY
and contractor. MEAD & HUNT will prepare agenda and distribute to all invitees prior to meeting. MEAD &
HUNT will prepare meeting summary and distribute meeting summary to all attendees. MEAD & HUNT will
coordinate and preside over up to six (6) in -person or virtual construction progress meetings. MEAD &
HUNT will prepare agendas, meeting summaries, and distribute to all attendees.
MEAD & HUNT will receive, review, and respond to up to ten (10) contractor construction submittals and
resubmittals for conformance with construction and contract requirements. MEAD & HUNT will receive,
review, and respond to contractor assembled submittals for operations and maintenance manuals,
guarantees, and certificates of inspection (for general contents as required by the Contract documents).
These are included in the construction submittals count noted above.
Mead & Hunt 14401 Eastport Parkway, Port Orange, FL, 32127 1386-761-6810 I meadhunt.com
Jeff Ratliff
January 17, 2024
Page 3
MEAD & HUNT will maintain a log of submittals with submittal number, submittal name, date received,
reviewer, action taken, and date returned. Contractor requests for substitute materials and/or equipment
shall be reviewed during submittal process and MEAD & HUNT will provide a recommendation on
the submittal response to the CITY.
MEAD & HUNT will receive and respond to up to five (5) contractor RFIs. MEAD & HUNT will prepare and
maintain a RFI log, noting the date received, subject, resolution and date response was returned to the
contractor.
MEAD & HUNT will prepare, issue, and coordinate up to five (5) field order's, requests for proposals
(RFP's), and change orders in coordination with the CITY. MEAD & HUNT will maintain a log of field
changes and pending changes. MEAD & HUNT will provide assistance during negotiations of contractor
cost proposals and will review claims and provide recommendations to the CITY.
MEAD & HUNT will review up to six (6) monthly payment applications from the contractor and provide a
written recommendation for payment to the CITY based on construction progress. MEAD & HUNT will
review pay application supporting documentation, including updated construction schedules, record
drawings, stored materials, release of liens, and as approved change/field orders.
Deliverables: Issued for Construction Drawings, Issued for Construction Specifications, meeting agenda
and summary, monthly progress meeting agendas and summaries, construction submittal review
packages, submittal log, RFI response packages, RFI response log, field and change order packages and
supporting documentation, field and change order log, and pay application recommendations.
PHASE 3 — CONSTRUCTION OBSERVATION
MEAD & HUNT will supply a resident project representative (RPR) for construction observation and
documentation for an expected 180 hours across the estimated six (6) weeks of actual construction activity.
The duration and amount of work effort may vary based on the contractor's efforts and the CITY's needs.
The RPR will observe the construction activities, review conformance with contract documents, observe
quality assurance testing, maintain a detailed log including red -line construction drawings, field verify work
quantities, and collect/forward and verify resolution of resident/property owner complaints. These efforts
will be documented in electronic reports of construction and will include construction photographs. A
complaint log including information regarding complaints and their resolution will be maintained.
Deliverables: Reports of construction, construction photographs, complaint log, red -line construction
drawings.
Mead & Hunt 14401 Eastport Parkway, Port Orange, FL, 32127 1386-761-6810 I meadhunt.com
Jeff Ratliff
January 17, 2024
Page 4
PHASE 4 — PROJECT CLOSEOUT
MEAD & HUNT will determine substantial completion and attend substantial and final walkthroughs. RPR
will document punch list items at both substantial and final walkthroughs and verify completion of punch list
items before final closeout.
MEAD & HUNT will review contractor final as-builts for compliance with the contract documents. MEAD &
HUNT will prepare final record drawings utilizing contractor as-builts and inspector sketches, photographs,
and other documentation. Record drawings to be provided electronically to the CITY.
Deliverables: Substantial completion punch list items (electronic PDF format), final completion punch list
items (electronic PDF format), acceptable contractor as-builts (Electronic PDF and AutoCAD Format), and
record drawings (Electronic PDF and AutoCAD Format).
EXCLUSIONS
This scope of services excludes all items not specifically described herein, including but not limited to:
• Construction Material Testing (to be provided by contractor).
• Funding Assistance (City to provide).
SCHEDULE
Mead & Hunt services are anticipated to be completed within six (6) months from Notice to Proceed (NTP),
with the expected NTP to be issued in January 2024.
COMPENSATION
The not -to -exceed cost for this Scope of Services is $58,459 based on the following breakdown and the
attached estimated labor breakdown:
Phase/Task
Fee/Cost
Basis
Phase 1 — Project Management
$6,990
Lump Sum
Phase 2 — Construction Engineering and Inspection
(CEI) Services
$21,818
Lump Sum
Phase 3 — Construction Observation
$24,773
Lump Sum
Phase 4 — Project Closeout
$4,678
Lump Sum
Subtotal
$58,259
Phase 5 — Reimbursables (printing, postage)
$200
Actual cost
TOTAL
$58,459
Mead & Hunt 14401 Eastport Parkway, Port Orange, FL, 32127 1386-761-6810 I meadhunt.com
Jeff Ratliff
January 17, 2024
Page 5
AUTHORIZATION:
The scope of services and compensation stated in this proposal are valid for a period of thirty (30) days
from date of submission. If authorization to proceed is not received during this period, this proposal may
be withdrawn or modified by MEAD & HUNT.
Accepted by: CITY OF CAPE CANAVERAL Appro'sed by: MEAD & HUNT, INC.
By: By:
Name: Name: David King, PE
Title: Title: Vice President
The above person is authorized to sign for CITY
and bind the CITY to the terms hereof.
Date: Date January 15, 2024
PURSUANT TO FLORIDA STATUTE SECTION 558.0035, AN
INDIVIDUAL EMPLOYEE OR AGENT OF MEAD & HUNT INC. MAY NOT
BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE.
IF THE CONTRACTOR (MEAD & HUNT, INC.) HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S (MEAD & HUNT, INC.'s) DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT (PROPOSAL), CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT CITY HALL, CITY OF CAPE CANAVERAL, P.O. BOX 326,
CAPE CANAVERAL, FL 32920, Mia Goforth, City Clerk, (321) 868-1220, Ext. 207,
cityclerk(a�cityofcapecanaveral.orq.
Mead & Hunt 14401 Eastport Parkway, Port Orange, FL, 32127 1386-761-6810 I meadhunt.com
Mead & Hunt CITY OF CAPE CANAVERAL
CENTER STREET BASIN STORMWATER PUMP STATION
ESTIMATED MANHOUR SCHEDULE
January 15, 2024
David King Noah Jason Wayne Karen Tabitha Nick
Senior Senior
Project Administrativ Administrativ
Phase Description Associate, Manager Technician III Technician III e Assistance e Assistance Project Travel Total Task($)
Principal Engineer
Hourly Rate $ 220.00 $ 156.00 $ 123.00 $ 156.00 $ 101.00 $ 101.00 $ 201.00 $ 0.66 See Below
1 Project Management
Project Coordination 24 6 $ 4,350.00
Overall QAQC 12 $ - $ 2,640.00
Subtotals 12.0 24.0 0.0 0.0 0.0 6.0 0.0 $ - $ 6,990
7 Construction, Engineering, and Inspection (CEI) Services
Prestart coordination with City 2 2 $ 752.00
Issued for Construction Documents 2 4 $ 936.00
IFC QAQC 1 $ 220.00
Pre-Construction Meeting 4 4 2 4 $ 175.54 $ 2,329.54
Progress Meetings (assume 6 meetings) 6 12 12 $ 526.65 $ 4,930.65
Construction Submittals (up to 10) 5 9 9 15 $ 5,126.00
Requests for Information (RFI's) (up to 5) 5 5 8 $ 2,688.00
Field/Change Orders (Up to 5) 5 5 8 $ 2,688.00
Pay Application (up to 6) 6 12 $ 2,148.00
Subtotals 28.0 45.0 11.0 4.0 59.0 0.0 0.0 $ 702.19 $ 21,818
8 Construction Observation
Resident Project Representative 180 $ 2,633.10 $ 24,773.10
Subtotals 0.0 0.0 180.0 0.0 0.0 0.0 0.0 $ 2,633.10 $ 24,773
9 Project Closeout
Substantial Completion walkthrough 2 2 2 $ 175.54 $ 1,173.54
Final Completion Walkthrough 2 2 $ 175.54 $ 733.54
Final As-Built Review 1 2 4 $ 1,024.00
Record Drawings 8 $ 1,248.00
Record Drawing QAQC 1 1 1 $ 499.00
Subtotals 4.0 7.0 9.0 8.0 0.0 0.0 0.0 $ 351.08 $ 4,678
TOTAL ALL TASKS 44.0 76.0 200.0 12.0 59.0 6.0 0.0 $ 3,686.37 $ 58,259
Lump Sum Total $ 58,259
11 Subconsultant/Reimbursables Breakdown: Subs/Reimbursables $ 200
Description Amount Contingency
Printing/Reproduction/Postage $ 200.00 GRAND TOTAL $ 58,459
Total $ 200.00
Page 1 of 1
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • FEBRUARY 20, 2024
AGENDA ITEM SUMMARY • ITEM # 4
Subject: Approve the purchase of a new backhoe in the amount of $85,699.51 and authorize the
City Manager to execute the same.
Department: Public Works
Summary: In 2006, the City purchased a brand new Caterpillar Tractor/Loader/Backhoe (Backhoe)
to be able to complete numerous critical projects throughout the community. Such projects include:
• Unloading trucks and organizing pallets with forks
• Moving and loading dirt, sand, rock, etc.
• Clearing fallen trees and debris from roadways after severe weather events such as
thunderstorms and hurricanes
• Digging out areas for the installation of numerous in -ground utilities and amenities
• Emergency services when contractors are unable to provide services in a timely manner
• Digging out swales and retention areas for stormwater retention and treatment
Due to the advancing age of the backhoe, it is now frequently taken in for repair and/or
maintenance, which can cause periods of significant downtime for the machine and subsequently,
important Staff operations. The City's backhoe is one of its most utilized fleet vehicles due to
worksite versatility and cross -departmental applications. Between July 2023 and September 2023,
the backhoe was out of commission for nearly six (6) weeks, leaving four (4) different departments
without a key piece of machinery. It was last out of service from January 5, 2024 to present with
repair cost of $13,602.82.
Staff considered using a rental of the same equivalent at a cost of $549/day, $1,300/week, or
$3,100/month, but see this as a time-consuming duty in setting up the rental arrangements, making
sure that the appropriate machinery is available (which is not always the case, especially in an
emergency situation), and awaiting delivery. This in turn would also be an ongoing expense that
could subsequently be allocated to pay for a new backhoe altogether. From a resilience perspective,
having immediate access to a modern in-house backhoe would increase continuity of operations,
improve response times, and allow the City to be more prepared for disaster preparation/recovery
situations.
The City's 2006 backhoe will be kept in service even after acquisition of a second, modern backhoe
for as long as possible in order to increase municipal redundancy and further improve response
and recovery efforts during both normal and abnormal conditions. An example of how having two
backhoes would be advantageous is as follows: today with only one machine, Staff must cease work
at a jobsite in the community if a delivery must be offloaded at the Water Reclamation Facility
(WRF), requiring the machine to be driven back to the WRF. Staff members lose valuable time on
the jobsite while waiting for the machine to complete its delivery offload. Having a second backhoe
would allow for each task to be done simultaneously.
Under the Sourcewell cooperative purchasing program, the City is able to purchase a new backhoe
in the amount of $85,699.51 (Attachment 1). Cooperative purchasing is "Procurement conducted
by, or on behalf of, one or more Public Procurement Units" as defined by the American Bar
Association Model Procurement Code for State and Local Governments. Sourcewell's analysts
streamline the procurement process by developing Request for Proposals and Invitation for Bids
City of Cape Canaveral
City Council Meeting • February 20, 2024
Agenda Item # 4
Page 2 of 2
for national, competitive solicitations that meet or exceed local requirements. This allows the City
to use Government contracted pricing for purchases.
Submitting Department Director: June Clark
Attachment:
Case Quote
Financial Impact: $85,699.51 for the purchase of a Case 575N Backhoe funded by Renewal and
Replacement Funds from both the Wastewater Fund ($45,699.51) and the General Fund ($40,000);
Staff time and effort to prepare this agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following actions:
Approve the purchase of a new backhoe in the amount of $85,699.51 and authorize the City
Manager to execute the same.
Approved by City Manager: Todd Morley
ORGANIZATION: City of Cape Canaveral POWER &
ADDRESS: 100 Polk Ave. CASE EQUIPMENT
Cape Canveral,FL 32920
FLORIDA
ATTN: Zeth Petersen Date: August 8,2023
WE ARE P LEASED TO PRESENT YOU WITH THE FOLLOWING CASE CONSTRUCTION EQUIPMENT PROPOSAL,THANK YOU FOR THE OPPORTUNITY
TO QUOTE A NEW CASE 575N EP UTILITY BACKHOE LOADER FOR FOR YOUR CONSIDERATION;THROUGHTSOURCEWELL PRICE LIST DISCOUNTS—
Contract 032119 Valid until 05/13/2024 PRICING REVISED:7/31/2023.
USA
Sourcewell Sourcewell NET Unit Total Amount
CASE MSRP Discount Price Qty per Model
MODELS:
CASE575NEPCP4WD $115,341.00 37% $72,664.83 1 $ 72,664.83
Standard Backhoe(STD) $0.00 1 $ -
24"HD Backhoe Bucket $1,420.00 37% $894.60 1 $ 894.60
3SPL VLV&CTRL-RTD $857.00 37% $539.91 1 $ 539.91
STD BUCKET 1 M3 W/O $2,710.00 37% $1,707.30 1 $ 1,707.30
CANOPY ROPS/FOPS $0.00 1 $ -
Front Fenders $449.00 37% $282.87 1 $ 282.87
OPER.MANUAL CASE E $0.00 1 $ -
12.5 X 18,12PR $0.00 1 $
STD-16.9 X 28,12PR $0.00 1 $ -
Reversible Pads $0.00 1 $ -
•
NON-CONTRACT
Fold Over Forks 6,500 lb Capacity(42in Forks) $4,290.00 1 $ 4,290.00
WARRANTY:
1 yr/Unlimited-Hours Full-Coverage Base Limited Warranty
2yr/2,00-Hours Extended Engine Warranty
PLEASE SEE THE ATTACHED SPECIFICATION SHEET FOR MORE INFORMATION
ON THE PRODUCT.
UNITS FREIGHT&DELIVERY: $3,495.00
Price & Discounts are subjet to change due to the
Manufacturer; Quote valid until October 10, 2023. This PRE-DELIVERY/PREP.. $1,825.00
price is only for the available unit: CASE 575NEP S/N:
TNKH31408 in stock.
TOTAL CONTRACT SALE PRICE: $ 85,699.51
THANK YOU FOR THE OPPORTUNITYTO EARN YOUR BUSINESS.
BRIAN PANNELL MICHAEL CABRERA
TERRITORY SALES MANAGER GOVERNMENTAL SPECIALIST
9481 BOGGY CREEK RD. 12601 W.OKEECHOBEE RD.
ORLANDO, FL 32824 HIALEAH GARDENS,FL 33018 :a7u' We
407)205-4090 CELL (786)774-3284 CELL
BRIAN.PANNELL@CASEPOWERED.COM MICHAEL.CABRERA@CASEPOWERED.COM
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • FEBRUARY 20, 2024
AGENDA ITEM SUMMARY • ITEM # 5
Subject: Approve and provide possible dates for a City Council Joint Educational Workshop
Meeting with the Planning and Zoning Board regarding Green Stormwater Infrastructure and Low
Impact Development Codes and Program Incentives.
Department: Community and Economic Development — Resilience Division
Summary: The City of Cape Canaveral has been an example of best practices in municipal resilience
for several years. This leadership has garnered local and national praise for the efforts of the
community to promote environmental stewardship in a practical, cost-effective, and nimble way.
Much of our successes have been the result of the City's successful working relationships with both
academic and professional project partners.
An example is the current construction of the Veterans Memorial Park, featuring a "smart" rain
garden funded with a National Science Foundation award. The project's scope explicitly includes
monitoring the effectiveness of resilient, nature -based stormwater management solutions for flood
mitigation and water quality protection, known as green stormwater infrastructure (GSI) and low
impact development (LID). To date, the implementation of GSI and LID has been voluntary and
incentivized for both public and private improvements in the City.
In furtherance of the goals of our Resiliency Action Plan (Preparedness Targets 14, 33, 35, 36), as
well as alignment with coming State -mandated Comprehensive Plan Peril of Flood amendments,
integrating GSI and LID into city codes is critical to maintaining the City's leadership in resilience and
mitigating flood risks. To obtain this goal, Staff proposes to engage project partners (including but
not limited to Stetson University and the East Central Florida Regional Planning Council) to facilitate
a City Council Joint Educational Workshop Meeting with the Planning and Zoning Board (PZB). One
meeting, with both bodies hearing the same message, will create efficiency for all.
In this Workshop Meeting, the project partners, along with Staff, would provide a comprehensive
review of GSI and LID designs with project photos, examine practices and regulations adopted by
other communities, and explore opportunities and challenges associated with these stormwater
management concepts. The proposed Workshop is educational, with capacity for discussion. At the
completion of the workshop, the City Council and the PZB will provide project partners with
community -specific sentiment and relevant perspectives in GSI and LID. Additional workshops may
be required.
Ultimately, Staff and project partners will develop a conceptual draft of recommended regulations
and incentives, as supported by our Resiliency Action Plan and Comprehensive Plan for
consideration by City Council for adoption into the city code, after PZB review.
Staff is requesting that Council approve the Joint Educational Workshop Meeting, and provide three
dates for availability in the evening between March 11 and March 29. In turn, Staff will share these
dates with the PZB members individually to select the date with the most available Council
Members and Board Members. Upon setting a time/date, Staff will advertise the event on the City's
website, within the Weekly Update, and across its various social media platforms.
Submitting Department Director: David Dickey
City of Cape Canaveral
City Council Meeting • February 20, 2024
Agenda Item # 5_
Page 2 of 2
Attachments:
None
Financial Impact:
Staff time and effort to prepare this agenda item, as well as coordinate Workshop Meeting logistics.
Reviewed by Administrative/Financial
Services Director: John DeLeo
The City Manager recommends the City Council take the following actions:
Approve and provide possible dates for a City Council Joint Workshop Meeting with the Planning
and Zoning Board regarding Green Stormwater Infrastructure and Low Impact Development Codes
and Program Incentives.
Approved by City Manager: Todd Morley
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • FEBRUARY 20, 2024
AGENDA ITEM SUMMARY • ITEM # 6
Subject: Discuss the criteria for Special Meetings / Workshops.
Department: City Council
Summary: With all of the Special Meetings / Workshops being called, I would like to discuss the
criteria to call a meeting, when does it qualify as an emergency and/or an urgent situation, and
discuss the time in which the meetings will be held.
Submitting Council Member: Kim Davis
Attachments:
City Code Sections 2-57 and 2-58.
Sec. 2-57. Special and emergency meetings.
(a) A special meeting of the city council may be initiated by any of the following means:
(1) Council decision at meeting. The city council can initiate or approve a request for a special meeting by
an affirmative vote of a majority or unanimous consensus of the city council at a council meeting
pursuant to the Charter, article II, section 2.11.
(2) Initiated by councilmember. A councilmember may request a special meeting by filing a written notice
(including by email) with the city clerk. The written notice shall specify the purpose and reason for
requesting the meeting, the action item(s) requested to be considered by council, and a proposed
date(s) and time(s) for the meeting. Upon receipt of the notice, the clerk shall immediately provide a
copy of the notice by email or hand delivery to each member of the council and determine whether at
least a majority of the council agrees in writing to schedule a special meeting to consider the action
item(s). However, a meeting will not be scheduled by the clerk's office unless a majority of the city
council has agreed in writing to attend the meeting and consider the action item(s) no later than 48
hours from the date that the notice was delivered by the clerk. If a majority of the council does not
agree within said time period, the clerk shall notify the councilmember initiating the request that the
request is deemed expired and no further action will be taken by the clerk to attempt to schedule the
requested special meeting.
Initiated by city manager. As the administrative head of the city, the city manager shall request of the
city council from time to time such decisions or actions of the city council which the city manager may
determine are reasonably necessary for the successful accomplishment of the duties of the city
manager. In furtherance of these duties, the city manager may request a special meeting if deemed
necessary for the effective administration of the city. Such request may be made by notifying each
member of council, verbally or in writing (including by email), about the purpose and reason for
requesting the meeting, description of the action item(s) to be considered by council, and proposed
date(s) and times(s) for the meeting. However, a meeting will not be scheduled by the clerk's office
unless a majority of the city council has agreed verbally or in writing to attend the meeting and
consider the action item(s).
(4) Emergencies. Whenever an emergency exists which requires immediate, urgent or extraordinary action
by the council due to exigent circumstances affecting life safety, property damage, the business affairs
of the city, the environment, or an emergency measure required to be addressed under chapter 18 of
the City Code, the city council, mayor or city manager may call an emergency meeting. Emergency
meetings will be scheduled as soon as possible to address the exigent circumstances. The clerk shall
immediately attempt to give verbal or written notice (including by email) to each member of the
council stating the hour of the emergency meeting and the purpose for which such meeting is called,
and no other business shall be enacted at that meeting.
(b) Special and emergency meetings shall be limited to the purpose and scope of the item(s) publicly noticed
and placed on the meeting agenda. No other item(s) may be discussed or decided by the city council at these
meetings.
(c) Special meetings shall only be requested when there is an action item(s) to present to the city council for
discussion and action. Adequate time should be afforded city staff to research and prepare an appropriate
city council agenda item(s) (including if necessary, any related documentation, ordinance, resolution or legal
instrument) before a special meeting is scheduled so the city council is well-informed and prepared before
taking final action. Special meetings should not be requested for an agenda item(s) that can be placed on a
regular council agenda for timely consideration except if such agenda item(s) and special meeting is
approved by the city council at a council meeting.
(3)
Page 1 of 2
(d) Special meetings shall require a minimum of 24 hours public notice and shall be subject to other applicable
notice requirements provided by law. There shall be no minimum public notice requirements for emergency
meetings unless otherwise provided by law. However, public notice of emergency meetings shall be given in
advance of the meeting to maximum extent practicable given the emergency circumstances. Additionally, if,
after reasonable diligence, it is impossible to give notice of a meeting to each councilmember as required by
this section, such failure shall not affect the legality of the meeting.
(e) All special and emergency meetings shall be held in the City Hall unless otherwise determined by the city
council or City Hall is not available. All meetings shall be open to the public and the press unless otherwise
provided by law. If the city council has not determined otherwise, the city manager may schedule the special
or emergency meeting at another appropriate location if City Hall is not available. The city council may also
conduct meetings by using communication media technology if authorized by law.
Notice of meetings called under this section shall be posted at City Hall and on the city website, and may to
the extent deemed practical and available by the clerk, be posted on suitable city social media platform(s)
The clerk shall be responsible for maintaining the city council's master meeting schedule and coordinating
schedules of the councilmembers, city manager and other city officials for purposes of scheduling council
meetings called under this section. When scheduling council meetings, the clerk may freely propose
alternative dates and times deemed appropriate to schedule special and emergency council meetings based
on the availability of the councilmembers, city manager and other city officials.
(f)
(g)
(Code 1981, § 271.03; Ord. No. 04-2002, §§ 1, 2, 3-19-02; Ord. No. 01-2011, § 2, 4-19-11; Ord. No. 01-2011, § 2, 4-
19-11; Ord. No. 03-2020 , § 2, 10-20-20)
Sec. 2-58. Workshop meetings.
Workshop meetings may be called in the same manner as a special meeting to informally discuss matters
relating to city business. Workshop meetings shall be held in the place so designated by council to be the locations
of workshop meetings and shall be open to the public and press. Notice of workshop meetings shall be posted at
least 24 hours in advance at the City Hall and on the city website, and may to the extent practical and available, be
posted on suitable city social media platform(s).
(Code 1981, § 271.04; Ord. No. 23-93, § 1(271.04), 8-17-93; Ord. No. 26-95, § 1, 11-9-95; Ord. No. 04-2002, § 3, 3-
19-02; Ord. No. 01-2011, § 2, 4-19-11; Ord. No. 03-2020 , § 2, 10-20-20)
Page 2 of 2
t_TYOF
‘4, APE CANAVERAL
ITV COUNCIL MEETIN • FEBRUARY 200 2024
AGENDA ITEM SUMMARY ITEM # 7
Subject:
A discussion on local Issues we face in Cape Canaveral followed by the opportunity
to create a Task Force, Committee or Board of residents and businesses to
advocate and make recommendations to the City Council fora pedestrian friendly
city, This group would potentially explore community support, resources, grants
and other opportunities to fund initiatives}projects that is not dependent on taxes.
Department: City Council
City of Cape Canaveral
City Council Meeting May 16, 2023
Agenda Item # 7
Page 2 of 3
Summary: City Staff and City Council discussion about how the "Live Local Act"
applies to the City of Cape Canaveral.
The bill (Chapter 2023-17, L.O, F, ), cited as the "Live Local Act," makes various
changes and additions to affordable housing related programs and policies at both
the state and Focal level.
Much € f the bill involves the Florida Housing Finance Corporation (FHFC), a public -
private entity that administers the two largest statewide affordable housing
programs: the State Apartment Incentive Loan (SAIL) program and the State
Housing Initiatives Partnership (SHIP) program. With regards to funding for the
FHFC, the bill:
Provides appropriations for the SHIP and SAIL programs, including:
▪ $252 million in non -recurring funds from the Local Government Housing
Trust Fund for the SHIP program for the 2023-2024 fiscal year;
▪ $109 million in non -recurring funds from the State Housing Trust Fund for
the SAIL program for the 2023-2024 fiscal year; and
▪ $100 million in non --recurring funds from the General Revenue Fund to
implement a competitive loan program to alleviate inflation -related cost
increases for FHFC-approved multifamily projects that have not yet
commenced construction; funds unallocated as of December 1, 2023, will
be dedicated as additional SAIL funding (effective upon becoming a law).
▪ Temporarily exempts documentary stamp tax revenues from the General
Revenue service charge to provide up to $150 million in recurring funding
to the SAIL piuyldiri fui specified piioiities, such as ill Ilan inFi l projects al id
projects near military installations.
▪ Establishes the Florida Hometown Hero down payment assistance program
for first-time hornebuyers with incomes at or below 150 percent of the area
median income (AMI) and employed by a Florida -based employer. The bill
appropriates $100 million in non -recurring funds from the General Revenue
Fund to implement this program.
Regarding the FHFC, the bill also:
' Provides up to a $5,000 refund for sales tax paid on building materials used
to construct an affordable housing unit funded through the FHFC.
▪ Creates a new tax donation program to allow corporate taxpayers to direct
certain tax payments to the FHFC, up to $100 million annually, to fund the
SAIL program. Of these funds, up to $25 million annually can be dedicated
to loans for the construction of large-scale projects of significant regional
impact.
▪ Adds two members to the FHFC Board of Directors, one appointed by the
leader of each chamber of the Legislature.
▪ Broadens the ability for the FHFC to invest in affordable housing
developments for those in or aging out of foster care.
City of Cape Canaveral
City Council Meeting • May 16, 2023
Agenda [term # _ 7
Page 3 of 3
Attachment(s): E3ili Attached
Full text of bill available at https://www.flsenate.gov/Session/Bill/2023/102/BillText/er/HTML
ENROLLED
2023 Legislature
CS for SB 102, 1st Engrossed
2023102er
1
2 An act relating to housing; providing a short title;
3 amending s. 125.0103, F.S.; deleting the authority of
4 local governments to adopt or maintain laws,
5 ordinances, rules, or other measures that would have
6 the effect of imposing controls on rents; amending s.
7 125.01055, F.S.; revising applicability for areas of
8 critical state concern; specifying requirements for,
9 and restrictions on, counties in approving certain
10 housing developments; providing for future expiration;
11 amending s. 125.379, F.S.; revising the date by which
12 counties must prepare inventory lists of real
13 property; requiring counties to make the inventory
14 lists publicly available on their websites;
15 authorizing counties to use certain properties for
16 affordable housing through a long-term land lease;
17 revising requirements for counties relating to
18 inventory lists of certain property for affordable
19 housing; providing that counties are encouraged to
20 adopt best practices for surplus land programs;
21 amending s. 166.04151, F.S.; revising applicability
22 for areas of critical state concern; specifying
23 requirements for, and restrictions on, municipalities
24 in approving applications for certain housing
25 developments; providing for future expiration;
26 amending s. 166.043, F.S.; deleting the authority of
27 local governments to adopt or maintain laws,
28 ordinances, rules, or other measures that would have
29 the effect of imposing controls on rents; amending s.
30 166.0451, F.S.; revising the date by which
31 municipalities must prepare inventory lists of real
32 property; requiring municipalities to make the
33 inventory lists publicly available on their websites;
34 authorizing municipalities to use certain properties
35 for affordable housing through a long-term land lease;
36 revising requirements for municipalities relating to
37 inventory lists of certain property for affordable
38 housing; providing that municipalities are encouraged
39 to adopt best practices for surplus land programs;
40 amending s. 196.1978, F.S.; providing an exemption
41 from ad valorem taxation for land that meets certain
42 criteria; providing applicability; providing for
43 future repeal; defining terms; providing an ad valorem
44 tax exemption for portions of property in a
45 multifamily project if certain conditions are met;
ITEM # 8
City of Cape Canaveral
John DeLeo, Administrative/Financial Director
P.O. Box 326
Cape Canaveral, FL 32920
(321) 868-1230
(321) 868-1248 fax
j.deleo@cityofcapecanaveral.org
Memo
TO: The Honorable Mayor and Members of the City Council
VIA: Todd Morley, City Manager
FROM: John DeLeo, Administrative/Financial Services Director
DATE: January 18, 2024
RE: Monthly Financial Report— December 2023
Staff is pleased to present the Monthly Financial Report for the period ending December 31, 2023.
At this point in the Fiscal Year, the Year -to -Date Actuals should be 25% of the total annual budget.
Total General Fund Departmental costs are 9.2% below target. Administrative Services is running
below target at 21.5%. Community Development/Code Enforcement/Economic Development is
under target at 21.9%. Building Department is under target at 19.8%. Protective Services are under
target by .9%. Fire Rescue is running above target by .6%. Parks Recreation/Community Affairs is
6.1% below target. Non -Departmental expenditures are below budgetary projections by 18.5%.
The Community Redevelopment Agency (CRA) has incurred $146,056 of expenses for the current
Fiscal Year.
Wastewater Fund overall costs are under target at 14.2%.
The Stormwater Fund is under target cost at 5.4%.
The City's General Fund investments total $7,853,199.79; Special Revenue investments total
$884,668.06; and Enterprise Fund investments total $1,044,599.30. The Grand total of all
investments is $9,782,467.15. The Annual Rate of Return for each Investment is attached.
If you have questions or wish anything additional, please contact me.
City of Cape Canaveral
Fund Narrative
Period Ended December 31, 2023
Revenue (3rd month of fiscal year = 25%)
Ad Valorem Tax
To date, the City has received 78.3% of Ad Valorem revenue. The City saw the first Ad Valorem payment in
November, and should have seen the highest income in December.
Local Option Gas Tax
This amount represents actual for October and accruals for November and December. This is below target at
22.6%.
Franchise Fees, Utility Service Taxes and Communications Service Tax
This amount represents accruals for November and December, and some actuals for October and November.
These are slightly above target at 26.1%.
Permits and Licenses
Permits and Licenses are above target at 38.1%. This will see greatest revenue in August/September when the
BTR renewals are mailed out.
State Shared Revenues
These revenues are right on target at 24.8%. This amount represents some actuals for October -December, as well
as some accruals. This revenue source includes State Sales Tax, Municipal Gas Tax, Mobile Home Licenses,
Alcoholic Beverage Licenses, and Local 1/2 Cent Sales Tax.
Garbage and Recycling Revenues
This amount represents actual collections for October and November and an accrual for December. These are
above target at 29.2.%.
Recreation Fees (Leisure Services)
Recreation Fees are below target at 17.1 %.
Investment Income
Investment Income is above target at 37.7%. This is a direct result of a fluctuating market in the rate of return.
Future events may affect current rate of return.
Utility Operating Income (Wastewater Fund)
This amount represents actual collections for October and November and an accrual for December. It is below
target at 22.3%.
Stormwater Utility Fees (Stormwater Fund)
This amount represents actual collections for October and November and an accrual for December. It is right on
target at 25.2%.
City of Cape Canaveral
Statement of Revenues&Expenditures
Period Ended December 31,2023
GENERAL FUND
FY 2023-2024 DEC 23 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward 5,446,700 0.0% 1,361,675
Cash Forward- R&R 200,000 0.0% 50,000
Ad Valorem Taxes 6,260,562 4,905,058 78.3% 1,565,141
Local Option Gas Tax 358,000 80,832 22.6% 89,500
Franchise Fees 985,500 243,731 24.7% 246,375
Utility Taxes 1,376,750 400,504 29.1% 344,188
Communications Service Tax 424,000 103,479 24.4% 106,000
Permits&Licenses 678,475 258,184 38.1% 169,619
Federal Grants 956,500 0.0% 239,125
State Grants 75,000 0.0% 18,750
State Shared Revenue 1,112,700 275,940 24.8% 278,175
Local Shared Revenue 134,875 0.0% 33,719
Charges for Services 106,868 10,289 9.6% 26,717
Garbage&Recycling Revenue 1,514,195 441,660 29.2% 378,549
Recreation Fees 307,700 52,748 17.1% 76,925
Fines&Forfeitures 18,350 917 5.0% 4,588
Interest Income 249,450 94,104 37.7% 62,363
Fire Hydrant Rental Fee 89,950 14,515 16.1% 22,488
Miscellaneous Revenue 50,500 1,470 2.9% 12,625
PAL Program Revenue 25,000 30,392 121.6% 6,250
Transfer from School Guard Crossing Fund 2,100 0.0% 525
Transfer from CRA Fund 1,114,173 0.0% 278,543
Contribution from Wastewater Fund 847,564 211,891 25.0% 211,891
Contribution from Stormwater Fund 19,566 4,892 25.0% 4,892
TOTAL REVENUES 22,354,478 7,130,606 31.9% 5,588,620
EXPENDITURE
Legislative 93,077 9,882 10.6% 23,269
Administrative Services 642,011 137,825 21.5% 160,503
Comm Dev/Code Enf/Econ Development 769,216 168,698 21.9% 192,304
Protective Services 3,796,947 915,930 24.1% 949,237
Fire/Rescue Services 2,611,690 667,911 25.6% 652,923
Building 493,744 97,953 19.8% 123,436
Infrastructure Maintenance 1,908,396 244,378 12.8% 477,099
Resiliency Division 1,017,444 162,167 15.9% 254,361
Parks Recreation +Community Affairs 2,329,353 439,592 18.9% 582,338
Legal Services 319,476 35,312 11.1% 79,869
Solid Waste 1,518,000 302,793 19.9% 379,500
Debt Service 1,420,143 0.0% 355,036
Non-Departmental 5,205,912 339,361 6.5% 1,301,478
Contingency 229,069 0.0% 57,267
TOTAL EXPENDITURES 22,354,478 3,521,802 15.8% 5,588,620
Excess of Revenues Over/(Under) Expenditures 3,608,804
Page 1 of 6
City of Cape Canaveral
Statement of Revenues&Expenditures
Period Ended December 31,2023
POLICE EDUCATION FUND
FY2022-2023 DEC 23 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Police Education Income 1,140 213 18.7% 285
Interest Income 204 81 39.7% 51
TOTAL REVENUES 1,344 294 21.9% 336
EXPENDITURE
Education&Training - -
Contingency 1,344 0.0% 336
TOTAL EXPENDITURES 1,344 - 0.0% 336
Excess of Revenues Over/(Under) Expenditures 294
AIIIIII
FIRE PROTECTION FUND
FY2022-2023 DEC 23 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward R&R - -
Interest Income 540 0.0% 135
TOTAL REVENUES 540 - 0.0% 135
EXPENDITURE
Contingency 540 0.0% 135
TOTAL EXPENDITURES 540 - 0.0% 135
Excess of Revenues Over/(Under) Expenditures -
Page 2 of 6
City of Cape Canaveral
Statement of Revenues&Expenditures
Period Ended December 31,2023
SCHOOL CROSSING GUARD FUND
FY2022-2023 DEC 23 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward 1,400 0.0% 350
Parking Fine Surcharge 700 70 10.0% 175
TOTAL REVENUES 2,100 70 3.3% 525
EXPENDITURE
Transfer to General Fund 2,100 0.0% 525
Contingency - 0.0% -
TOTAL EXPENDITURES 2,100 - 0.0% 525
Excess of Revenues Over/(Under) Expenditures 70
LIBRARY FUND
FY2022-2023 DEC 23 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Ad Valorem Taxes 78,019 61,202 78.4% 19,505
Interest Income 5,400 2,284 42.3% 1,350
TOTAL REVENUES 83,419 63,486 76.1% 20,855
EXPENDITURE
Operating Expenses 34,475 28,512 82.7% 8,619
Capital Purchases 30,000 0.0% 7,500
Contingency 18,944 5,000 26.4% 4,736
TOTAL EXPENDITURES 83,419 33,512 40.2% 20,855
Excess of Revenues Over/(Under) Expenditures 29,974
Page 3 of 6
City of Cape Canaveral
Statement of Revenues&Expenditures
Period Ended December 31,2023
CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY
FY2022-2023 DEC 23 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward
Shared Revenue from Cape Canaveral 1,383,417 0.0% 345,854
Shared Revenue from Brevard County 1,217,800 1,217,800 100.0% 304,450
Interest Income 2,500 0.0% 625
Transfer from General Fund 150,000 0.0% 37,500
TOTAL REVENUES 2,753,717 1,217,800 44.2% 688,429
EXPENDITURE
Operating Expenses 157,215 20,085 12.8% 39,304
Capital Purchases 728,000 125,971 17.3% 182,000
Debt Service 866,496 0.0% 216,624
Transfer to General Fund 300,000 0.0% 75,000
Contingency 702,006 0.0% 175,502
TOTAL EXPENDITURES 2,753,717 146,056 5.3% 688,429
Excess of Revenues Over/(Under) Expenditures 1,071,744
Page 4 of 6
City of Cape Canaveral
Statement of Revenues&Expenditures
Period Ended December 31,2023
IMPACT FEES FUND
FY2022-2023 DEC 23 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Interest from Investment - 3,187 0.0% -
Impact Fees- Police 19,250 20,013 104.0% 4,813
Impact Fees- Fire/Rescue 3,376 3,512 104.0% 844
Impact Fees-Transportation 0.0% -
Impact Fees- Parks/Recreation 22,700 23,642 104.1% 5,675
Impact Fees-General Government 15,850 16,490 104.0% 3,963
Impact Fees-Aerial Fire Truck 9,520 9,901 104.0% 2,380
Impact Fees- Library 12,000 12,485 104.0% 3,000
TOTAL REVENUES 82,696 89,230 107.9% 20,674
EXPENDITURE
Contingency 82,696 0.0% 20,674
TOTAL EXPENDITURES 82,696 - 0.0% 20,674
Excess of Revenues Over/(Under) Expenditures 89,230
AIIIIF
LAW ENFORCEMENT TRUST FUND
FY2022-2023 DEC 23 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Interest-State 40 12 30.0% 10
Transfer from General Fund 11,073 0.0% 2,768
TOTAL REVENUES 11,113 12 0.1% 2,778
EXPENDITURE
School Resource Officer 11,113 0.0% 2,778
TOTAL EXPENDITURES 11,113 - 0.0% 2,778
Excess of Revenues Over/(Under) Expenditures 12
Page 5 of 6
City of Cape Canaveral
Statement of Revenues&Expenditures
Period Ended December 31,2023
WASTEWATER ENTERPRISE FUND
FY 2022-2023 DEC 23 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward 300,000 0.0% 75,000
Federal Grant 127,500 0.0% 31,875
Utility Operating Income 5,519,082 1,228,252 22.3% 1,379,771
Utility Penalty Income 70,000 16,229 23.2% 17,500
Sewer Assessment Fees 84,000 87,672 104.4% 21,000
Reuse Hook-Up Fees 2,925 0.0% 731
Reclaimed Water Revenue 91,650 23,544 25.7% 22,913
Investment Income 7,200 3,997 55.5% 1,800
Sale of Fixed Assets 500 0.0% 125
Transfer from General Fund 1,400,000 0.0% 350,000
Transfer from CRA Fund 52,323 0.0% 13,081
SRF Loan Proceeds 1,320,000 139,604 10.6% 330,000
Miscellaneous Income 2,000 1,659 83.0% 500
Insurance Claims 15,520 0.0% -
TOTAL REVENUES 8,977,180 1,516,477 16.9% 2,244,295
EXPENDITURE
Personal Services 1,970,298 507,090 25.7% 492,575
Operating Expenses 1,658,749 299,295 18.0% 414,687
Debt Service 710,040 182,496 25.7% 177,510
Capital Purchases 3,747,500 66,964 1.8% 936,875
Insurance Claims 6,202 0.0% -
Contribution to General Fund 847,564 211,891 25.0% 211,891
Contingency 43,029 0.0% 10,757
TOTAL EXPENSES 8,977,180 1,273,938 14.2% 2,244,295
Excess of Revenues Over/(Under) Expenses 242,539
STORMWATER ENTERPRISE FUND
FY 2022-2023 DEC 23 YTD %OF TARGET
BUDGET ACTUAL BUDGET ACTUAL
REVENUE
Cash Forward 301,500 0.0% 75,375
Grants 580,000 0.0% 145,000
Stormwater Utility Fees 1,087,800 274,050 25.2% 271,950
Investment Income 4,500 2,640 58.7% 1,125
Transfer from General Fund 917,500 0.0% 229,375
TOTAL REVENUES 2,891,300 276,690 9.6% 722,825
EXPENDITURE
Personal Services 383,327 97,035 25.3% 95,832
Operating Expenses 318,360 23,862 7.5% 79,590
Capital Purchases 1,986,500 29,226 1.5% 496,625
Contribution to General Fund 19,566 4,892 25.0% 4,892
Contingency 183,547 0.0% 45,887
TOTAL EXPENSES 2,891,300 155,015 5.4% 722,825
Excess of Revenues Over/(Under) Expenses 121,675
Page 6 of 6
Florida State Treasury- Special Purpose Investment Account (SPIA) & FL SAFE
As of December 31,2023 Funds were invested with the State of Florida Division of Treasury,with a rate of return 2.64%
Interest earned for the month: $ 34,376.78
General Fund
Committed (Constrained by Council)
Expansion Recreation 45,614.42
Expansion Police 34,534.71
A1A Replenishment 48,000.00
Capital Equipment Renewal&Replacement 253,712.76
Total Committed $ 381,861.89
Assigned -General Fund Emergency Reserve $ 1,495,349.01
Unassigned $ 512,635.72
Total General Fund SPIA Investments: $ 2,389,846.62
Florida Safe General Fund Emergency Reserve- 5.402%(average monthly) 1,340,117.00
Florida Safe Note 2021 -5.402%(average monthly) 189,493.17
Florida Safe ARPA Reserve-5.402%(average monthly) 3,933,743.00
Total General Fund Florida Safe Investments: $ 5,463,353.17
Total General Fund Investments: $ 7,853,199.79
Special Revenue Funds
Restricted (by outside party)
Police Education Fund 12,891.71
Aerial Fund -
Library Fund 361,473.33
Impact Fees 508,458.36
Law Enforcement Trust Fund 1,844.67
Total Restricted $ 884,668.06
Total Special Revenue Fund SPIA Investments: $ 884,668.06
Enterprise Funds
Wastewater Fund:
Wastewater General -Unrestricted -
Wastewater Fund Renewal&Replacement 600,077.89
$ 600,077.89
Stormwater Fund:
Stormwater Fund - Unrestricted -
Stormwater Fund Renewal&Replacement 444,521.41
$ 444,521.41
Total Enterprise Fund SPIA Investments: $ 1,044,599.30
TOTAL SPIA&FLSAFE INVESTMENTS $ 9,782,467.15
FY 23-24 GENERAL FUND CIP GREATER THAN$100,000
SUMMARY DECEMBER 31,2023
FY FY
CIP# GENERAL FUND 2023-24 2023-24 DIRECTOR NOTES
BUDGET ACTUAL
INFRASTRUCTURE MAINTENANCE
Project start pending acquisition of Hazard Mitigation Grant Program(HMGP)-Hurricane Nicole funding.HMGP funding will cover
IM-6 BCSO Solar Array 180,000 -
75%of the projects costs.
IM-7 Oak Lane Improvements 250,000 -
IM-9 Bike Lane Striping 50,000 -
Project start pending acquisition of Hazard Mitigation Grant Program(HMGP)-Hurricane Ian funding.HMGP funding will cover
IM-10 C5 Energy Storage Project 110,000 -
75%of the projects costs.
Project start pending acquisition of Hazard Mitigation Grant Program(HMGP)-Hurricane Ian funding.HMGP funding will cover 75%
IM-12 Portable Generator 110,000 of the.ro'ect's costs.
RESIIENCY DIVISION
lationa cience oun.ation ivic nnovation a enge Y grant aware. •cto.er , I ;project construction not starte..
RD-2 Veterans Park Low Impact Development Enhancement 525,000 Physical construction of the projects proposed rain garden is set to begin in January 2024.Project completion set for September 30,
541 2024.
RD-3 EV Charging Station Upgrade 120,000 110,643 Project 100% completed and all EV charging stations activated on December 6,2023.
PARKS RECREATION+COMMUNITY AFFAIRS
PRCA-11 Veterans Park Redevelopment 750,000 102,946 Ongoing.
TOTAL GENERAL FUND $ 2,095,000 $ 214,130
FY 23-24 CRA CIP GREATER THAN$100,000
SUMMARY DECEMBER 31,2023
FY FY
CIP# C 2023-24 2023-24 DIRECTOR NOTES
BUDGET ACTUAL
CR-2 Civic Hub 150,000 56,727 Design ongoing.
CR-4 Presidential Streets 300,000 Project not started;awaiting the final reccomendations from the Presidential Streets Master Plan Phase II One-way Study via
Kimle Horn&Associates.
TOTAL CRA $ 450,000 $ 56,727
FY 23-24 WASTEWATER CIP GREATER THAN$100,000
SUMMARY DECEMBER 31,2023
FY FY
CIP# WASTEWATER ENTERPRISE FUND 2023-24 2023-24
BUDGET ACTUAL DIRECTOR NOTES
WW-14 Sanitary Sewer GIS Mapping 100,000 5,509 90% Complete.
WW-16 Clarifier Replacement 1,400,000 - Project started Jan 8,2024. Completion date set for June 2024.
WW-17 PW Operations Building Roof 100,000 - Received quotes.3-6 month start date.
WW-19 Portable Sewer Pump 100,000 - Received quotes(State Contract).
WW-20 Blower Pipe for Effluent Transfer 100,000 - Tetra Tech currently formulating Proposal. ETA unknown.
WW-21 Lift Station Replacements(#5) 570,000 204,975 95%Complete.
WW-22 Pump Enclosure Structures 750,000 - Whole project is 20%complete.
WW-23 Resilience Operations Utility Energy Backup System 170,000 - Not started. Start date unknown.
TOTAL WASTEWATER ENTERPRISE FUND $ 3,290,000
FY 23-24 STORMWATER CIP GREATER THAN$100,000
SUMMARY DECEMBER 31,2023
FY FY
CIP# STORMWATER ENTERPRISE FUND 2023-24 2023-24
BUDGET ACTUAL DIRECTOR NOTES
SW-2 Central Ditch Improvements 450,000 -
SW-6 Oak Lane Improvements 300,000 19,568 Tree trimming for FPL line location and finalizing plans.
SW-7 Center Street Basin Improvements 935,000 9,658 Finalizing Plans.
SW-10 Portable SW Pump 160,000 -
TOTAL STORMWATER ENTERPRISE FUND $ 1,845,000