Loading...
HomeMy WebLinkAboutcocc_council_mtg_packet_20240521_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA May 21, 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. - 6:10 p.m. Interview applicant for appointment to the Board of Adjustment. (Arvo Eilau) 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 6:25 p.m. — 6:30 p.m. 1. Approve Minutes for the April 4, 2024 Workshop Meeting. 2. Approve Minutes for the April 16, 2024 Regular Meeting. 3. Approve Minutes for the April 22, 2024 Special Meeting. 4. Resolution No. 2024-03; appointing a Member to the Board of Adjustment of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Arvo Eilau) ITEMS FOR ACTION 1 6:30 p.m. — 6:50 p.m. 5. Discuss the findings of the Wastewater Sufficiency Analysis requested by Council at the June 21, 2022 City Council Meeting and support Staff's recommendation to proceed with the 5.0% Wastewater Rate increase for FY 24/25 as set forth in the 2022 Analysis. 6. Resolution No. 2024-02; amending the Defined Contribution Retirement Plan for the general employees of the City of Cape Canaveral, Florida; providing for the repeal of prior inconsistent resolutions, severability and an effective date. ITEMS FOR DISCUSSION 1 6:50 p.m. — 7:20 p.m. 7. Discussion regarding Resolution 2022-28 (Submitted by Council Member Davis) City of Cape Canaveral, Florida City Council Regular Meeting • May 21, 2024 Agenda • Page 2 of 2 8. Discuss possible changes to permitting due to hardship on condos during insuring process. Roof Recoating Investigation, Scarification (Submitted by Council Member Jackson) 9. Attendance to the State of Florida's Training for Emergency Management Symposium Leading from the Trenches. (Submitted by Council Member Jackson) REPORTS 1 7:20 p.m. — 7:30 p.m. INFORMATIONAL I Items presented for informational purposes only; no action to be taken. 10. Monthly Financial Report — March 2024. 11. Update to the January 24, 2024 Special Council Meeting. 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 • MAY 21, 2024 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Interview applicant for appointment to the Board of Adjustment. (Arvo Eilau) Department: Community and Economic Development Summary: The Board of Adjustment (BOA) is an advisory board to the City Council and consists of seven members. Currently, there are three vacancies. In response to an ongoing effort to recruit new applicants, Mr. Eilau applied to fill a vacancy on the BOA, where he has served previously. Mr. Eilau is a resident of Cape Canaveral and meets the minimum qualification requirements for BOA membership. It is proposed that Mr. Eilau be appointed to fill one of the three vacancies. Should the Council approve the appointment, two vacancies will remain. Per City Code of Ordinances Sec. 2-171(c)(5), any person nominated, elected or appointed to serve on a board or committee of the City shall complete interviews with the Board or Committee on which the person is seeking appointment and with the City Council. At its April 18, 2024 Meeting, the BOA interviewed Mr. Eilau and unanimously voted to recommend his appointment. Based on the Applicant's interest and willingness to volunteer, it is recommended that Council interview and appoint Mr. Eilau to the BOA. Submitting Department Director: David Dickey Attachments: 1. Board Application (Arvo Eilau) 2. BOA Recommendation Memo Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Interview Applicant. (Arvo Eilau) Approved by City Manager: Todd Morley Attachment 1 City of Cape Canaveral 100 Polk Avenue Cape Canaveral FL 32920-0326 Phone (321) 868-1220— Fax (321) 868-1248 APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: GENERAL Applicant Name: Arvo Eialu Home Address: 550 Jackson Ave / 204 Phone Number: 312-622-1529 Occupation: Business Phone: Business Address: Email: arvoeilau@aol.com ELEGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? X- Yes ❑ No 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? X- Yes 0 No 3. Are you a Business owner? 0 Yes X-No a. If yes, please list the name: 4. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. ❑ Yes X- No a. If yes, have your civil rights been restored? 0 Yes 0 No 5. Do you presently serve on any other City of Cape Canaveral advisory board or committee? ❑ Yes X-No a. If yes, please list each: 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? X-Yes 0 No Initials: AE 7. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? ❑ Yes X-No a. If yes, please provide name(s) of person(s) and relationship to you: City of Cape Canaveral Advisory Board Application Pg. 1 INTEREST/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: 2. In numerical sequence (1=most interested), please rank the advisory boards on which you wish to serve: a. 1 Board of Adjustment* b. Business and Economic Development Board c. 3 Community Appearance Board d. Culture and Leisure Services Board e. 2 Planning and Zoning Board* * Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: Previous Chairme- BOA 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. Enginer, Executive mgr an manufacturies. Consultant mgr STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Race: 0 African American Gender: X- Male ❑ Asian American 0 Female ❑ Hispanic American 0 Other X Caucasian ❑ Other Disability: 0 Physically Disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. City of Cape Canaveral Advisory Board Application Pg. 2 PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for three years from date of submission. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 206 or 207. Signature: Arvo Eilau Date: 11/14/23 Please return to: City of Cape Canaveral Office of the City Clerk P.O. Box 326 Cape Canaveral Florida 32920 OFFICE USE ONLY RECEIVED NOV 17 2023 By: CCO DL Enter Date & Time Received City of Cape Canaveral Advisory Board Application Pg. 3 Attachment 2 Memo Community + Economic Development TO: Cape Canaveral City Council VIA: David Dickey, Community and Economic Development Director FROM: Kyle Harris, Senior Planner xq DATE: April 19, 2024 RE: Recommendation to the City Council — Board of Adjustment Applicant (Arvo Eilau) On April 18, 2024, the Board of Adjustment (BOA) interviewed Arvo Eilau to fill a vacancy on the BOA. The BOA unanimously recommended the Council appoint the applicant. Based on the interview, BOA recommendation, and their willingness to serve, Staff is recommending the Council interview and appoint Mr. Eilau. Please let me know if you have any questions. Thank you. ITEM # 1 DRAFT CITY OF CAPE CANAVERAL CITY COUNCIL CAPITAL IMPROVEMENT PROJECTS WORKSHOP MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Thursday April 4, 2024 1:00 p.m. MINUTES CALL TO ORDER: Mayor Morrison called the Workshop Meeting to Order at 1:00 p.m. 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 (AFS) Director AFS Senior Accountant Capital Projects Director Community + Economic Development (CED) Dir. CED Deputy Director/Code Enforcement Manager CED Chief Resilience Manager CED Senior Planner Human Resources (HR)/Risk Management Director Parks, Recreation + Community Affairs (PRCA) Dir. PRCA Community Engagement Manager Public Works Services (PWS) Deputy Director PWS Infrastructure Maintenance (IM) Manager Brevard County Sheriff's Office (BCSO) Lieutenant Canaveral Fire Rescue (CFR) Chief PUBLIC PARTICIPATION: None. Todd Morley Anthony Garganese Daniel LeFever John DeLeo Joey Blacker Tim Carlisle David Dickey Brian Palmer Zachary Eichholz Kyle Harris Natalie Harmon Molly Thomas Amy Moody Jessica Erdman David Coulter Scott Molyneaux Dave Sargeant Council ITEMS FOR DISCUSSION: 1. Review Vision Statement, Mission Statement and Organizational Values and provide possible changes/affirmation to Staff: City Manager Morley discussed the purpose of the Workshop and reviewed the Vision Statement. Council had no comments nor suggested revisions. Mr. Morley reviewed the Mission Statement. City Council reached consensus to reaffirm the statement. Mr. Morley reviewed the Organizational Values. Discussion ensued. City Council reached Consensus to leave the Organizational Values as -is. Mr. Morley stated Council Members' values proposals will be gathered prior to the next annual review of the Organizational Values. City of Cape Canaveral, Florida DRAFT City Council Capital Improvement Projects Workshop Meeting Thursday, April 4, 2024 - Minutes Page 2 of 3 2. Review Strategic Pillars and how they apply to current and future Projects: City Manager Morley reviewed the Strategic Pillars. Council had no comments nor suggested revisions. Shannon Roberts, resident, discussed the Vision Statement, values, suggested a residential development advisory committee and noted lack of accessibility at the CAPE Center. 3. Receive and discuss CIP Presentations from Staff; discuss City Council "Blue Sky" CIPs; evaluate and provide direction for inclusion into the FY 24/25 budget: CFR Chief Sargeant provided an update on replacement of two pumper trucks. Capital Projects Director Carlisle presented updates regarding Oak Lane Improvements, Thurm Boulevard Improvements, Canaveral Drainage Basin Improvements, Harbor Heights Stormwater Pipe Replacement, and the Roadway Repair and Replacement project. Mayor Morrison recessed the meeting at 2:22 p.m. The meeting reconvened at 2:32 p.m. CED Chief Resilience Manager Eichholz and CED Senior Planner Harris provided updates on the BCSO Cape Canaveral Precinct Rooftop Solar Array project, the City of Cape Canaveral Community Center (C5) Energy Storage System; Presential Streets Master Plan, Banana River Park Shoreline Enhancement and, CFR Station #53 Lightning Protection System, plans to purchase a single hybrid Ford Maverick subcompact pickup truck to replace both CED's Ford Focus Electric and City Hall Administration's Chevrolet Malibu, efforts to pursue a grant to acquire two Ford F-150 Lightning pickup trucks to serve as emergency electric generators to power City facilities, and Traffic Safety Public Art Installation. PRCA Director Thomas updated the Canaveral City Park Concession Stand, Canaveral City Park Redevelopment, and Civic Hub. Mr. Morley stated the Civic Hub project will be detailed by Kimley- Horn and Associates at the April 16, 2024 Regular City Council Meeting. Ms. Thomas continued with updates regarding replacing the PRCA Jeep with two golf carts, Manatee Sanctuary Park upgrades, Banana River Kayak Trail Master Plan, potential for tennis courts at Canaveral City Park, and Center Street Park upgrades, to include the corroding nature of the gazebo. Shannon Roberts, resident, discussed uses and community input regarding the gazebo. Ms. Thomas updated the Community Garden and potential replacement. City Council reached consensus to move any Community Garden -related CIPs to the next Fiscal Year. Ms. Thomas continued with updates to the Community Center gym court dividers, memorial pavers near the Ridgewood crossover, addressing unsanctioned memorials, status of former memorial programs sanctioned by the City, Rovers Space West to be located near Patriots Park, and resurfacing of the existing tennis courts. Mayor Morrison recessed the meeting at 5:30 p.m. The meeting reconvened at 5:44 p.m. PWS Deputy Director Erdman and IM Manager Coulter provided updates on beach crossover improvements, pump enclosure structures, sanitary sewer Geographic Information Systems mapping, replacement bucket truck, City Hall air-conditioning system replacement, City Hall office build -out, IM building replacement, and IM heavy-duty pickup truck replacement. All of the presented updates and projects were recapped and financial totals were discussed. City of Cape Canaveral, Florida DRAFT City Council Capital Improvement Projects Workshop Meeting Thursday, April 4, 2024 - Minutes Page 3 of 3 BLUE SKY SESSION: Mayor Morrison proposed departmental performance metrics, investing more in existing software suites, hiring internal Staff auditors, updating the employee handbook and a merit system. Mayor Pro Tem Kellum proposed low-cost quality of life amenities such as events and parades, State Road (SR) A1A improvements, and Council Chambers A/V reliability improvements. Council Member Willis requested follow-up on a Code Enforcement handbook, SR A1A improvements, and safer crosswalks. Council Member Davis highlighted the need to address SR A1A due to potential increases in traffic, moving forward with the Civic Hub, and expanding community events. Council Member Jackson proposed enhanced community surveys, cost-effective ways to address resiliency and sustainability, and better coordination for disaster recovery plans. 4. Updated Employee Defined Contribution Plan Agenda Item, with additional data as requested by City Council at March 19, 2024 Regular City Council Meeting: HR Director Harmon noted an attachment to the item, distributed handouts with comparisons, costs, and benefits, and stated an updated item will be presented for City Council consideration in the coming months. NEXT STEPS: Discussion ensued. City Council reached consensus to hold a second CIP Workshop Meeting in May, date to be determined. ADJOURNMENT: With no further business, the Workshop Meeting was adjourned at 7:13 p.m. Daniel LeFever, Deputy City Clerk Wes Morrison, Mayor ITEM # 2 DRAFT CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoTo webinar Tuesday April 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 Kim Davis Council Member Kay Jackson Mayor Pro Tem Mickie Kellum Mayor Wes Morrison Council Member Don Willis Others Present: City Manager Todd Morley City Attorney Anthony Garganese City Clerk Mia Goforth Administrative/Financial Services Director John DeLeo Capital Projects Director Tim Carlisle Community + Economic Development (C+ED) Dir. Dave Dickey C+ED Deputy Director Brian Palmer C+ED Chief Resilience Manager Zachary Eichholz C+ED Senior Planner Kyle Harris C+ED Resilience Engineering Services (RES) Mgr. Lexi Miller Parks, Recreation + Community Affairs (PRCA) Dir. Molly Thomas Executive Assistant to City Manager/Office Manager Lisa Day Brevard County Sheriff's Office Commander Byron Keck Brevard County Sheriff's Office Lieutenant Scott Molyneaux APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: Discussion ensued regarding the Consent Agenda, procedure, and combining Agenda Item 9 with 7. A motion was made by Council Member Willis, seconded by Council Member Davis, to approve the Agenda as written. Mayor Morrison stated desire to discuss and update the Council on the City Council Special Meeting of January 24, 2024 during Reports. Motion carried 5-0. PRESENTATIONS/INTERVIEWS: Presentation of Proclamation declaring Friday, April 26, 2024 as Arbor Day in the City of Cape Canaveral to promote urban forestry and awareness: Mayor Morrison read and presented the Proclamation to Florida Forest Service Urban Forestry Partnership Coordinator Matt Kennard. Mr. Kennard thanked Council. Chief Resilience Manager Eichholz announced the City's free tree giveaway to celebrate both Earth Day and Arbor Day on Friday, April 26, 2024. Presentation by the United States Green Building Council to present the City of Cape Canaveral with the distinguished Leadership in Energy and Environmental Design Certification: Chief City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • April 16, 2024 Minutes • Page 2 of 4 Resilience Manager Eichholz explained the Item and introduced the City's former student volunteer intern/employee and now Florida Department of Environmental Protection Environmental Specialist Hannah Teague. Ms. Teague discussed her work in helping the City attain certification. United States Green Building Council Associate Director Tara Bleakly addressed Council and presented the LEED Silver Certificate to the City. PUBLIC PARTICIPATION: John Benton, visitor, discussed a Code reduction hearing. Mary Mosquera, resident and Culture and Leisure Services Board Vice -Chair, discussed concerns and disappointment regarding how Council handled the process to approve or not approve Angela Raymond as a member of the Culture and Leisure Services Board during the March 19, 2024 City Council Regular Meeting, and the negative comments that were made by some on Council. Shannon Roberts, resident and property owner, discussed concerns regarding street lighting at Shorewood Avenue and North Atlantic Avenue, desire for another two-way pedestrian cross -walk sign on North Atlantic, desire to repaint faded bus shelters dark green, desire for a resident advisory committee, thanks to Staff for City Vision/Mission research, and accessible buildings and parking. Angela Raymond, resident and property owner, discussed clarification that she never withdrew her application to serve on the Culture and Leisure Services Board, nor did she decline the position after going through the interview process, and requested Council take action on the matter. CONSENT AGENDA: Council Member Jackson removed Item 1. 1. Approve Minutes for the March 19, 2024 Regular Meeting. 2. Approve Minutes for the March 27, 2024 Joint Educational Workshop Meeting. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to approve Consent Agenda Item 2. The motion carried 5-0. #1. Discussion ensued regarding a handout (attached) distributed to the Council, highlighting the portion of the draft Minutes proposed for amendment on page 3 of 5 in the second paragraph, starting on line 3, striking the word "alleged", inserting the word potential, striking the phrase "related to the former Council Member," and inserting the word with. A motion was made by Council Member Jackson, seconded by Mayor Pro Tem Kellum, to amend and approve as shown in the handout. The motion carried 5-0. ITEM FOR ACTION: 3. Receive City Engineer's presentation regarding Presidential Streets and Civic Hub Projects and provide direction to the City Manager regarding using FY 23/24 CRA funds to obtain a task order for design services for engineered plans for a Civic Hub underground stormwater exfiltration system: City Manager Morley explained the Item. Council received the presentation by Kimley-Horn and Associates (KHA) Principal Scott Mingonet. Discussion ensued. City Manager Morley discussed how Council does not have to make any decisions yet, the Item will go to the Community Redevelopment Agency Board for recommendation next, and this is the final deliverable from KHA. City Manager Morley noted that the final conceptual plans for the Civic Hub reduced available tennis/pickleball court spaces by removal of one court. No action was taken. Mayor Morrison recessed the meeting at 8:00 p.m. The meeting reconvened at 8:15 p.m. City of Cape Canaveral, Florida City Council Regular Meeting • April 16, 2024 Minutes • Page 3 of 4 ITEMS FOR DISCUSSION: DRAFT 4. Guidelines for Advisory Board Member Selection. (Submitted by Council Member Willis): Council Member Willis explained the Item and distributed copies of the Application for Appointment to the City Advisory Board with current rosters of all City Boards. Discussion ensued. City Attorney Garganese explained City Code Sec. 2-171 — Procedures and requirements under Article IV. — Boards, Committees and Commissions, provided suggestions to Council including administrative procedures, and advised that although boards do not require full rosters, they do require quorums. Council reached consensus for Staff to reach out to other cities for best practices regarding Advisory Board Member Selection. 5. Discussion of current policy for Friday Fest booths. (Submitted by Council Member Jackson): Council Member Jackson explained the Item. Discussion ensued. City Attorney Garganese explained first come, first serve First Amendment rights regarding the City's policy for Friday Fest, suggested policy changes to include booth reservations throughout the year to allow new businesses and candidates the ability to participate in the event, possible modifications to the Friday Fest applications, how the Parks, Recreation and Community Affairs Department can produce informational inserts for the City Clerk's Office Candidate Packets for City Elections, and protected speech at City events. Discussion ensued. PRCA Director Thomas noted the Brevard County Sheriff's Office hosted National Night Out and the City's Halloween Trunk -or -Treat as additional opportunities in which election candidates can participate, and explained that any policy changes made now may not be possible for vendors who are already registered. Council reached consensus for the City Attorney to work with Staff to amend the Friday Fest Application, to address reserving a certain number of booths for later in the year, and the City Clerk/Qualifying Officer will provide an insert about outreach opportunities, including Friday Fest, in the Candidate Packets for City Elections. 6. Discussion to direct City Manager and staff to create or develop an outreach plan to other groups within the county and municipalities on City of Cape Canaveral efforts to improve our stormwater, Banana River and Indian River Lagoon cleanup, and water quality. (Submitted by Council Member Willis): Council Member Willis explained Staff is in the process of implementing the initiative. No action was taken. 7. Discussion on EV Reports for the first quarter of 2024. (Submitted by Council Member Jackson): Council MemberJackson explained the Item. Discussion ensued. Mayor Morrison called for a motion to extend for thirty minutes. A motion was made by Council Member Jackson, seconded by Mayor Pro Tem Kellum, to extend to 10:30 p.m. for thirty minutes. Discussion ensued. The motion carried 5-0. No action was taken. 8. Changes to permitting causing hardship on condos during insuring process. (Submitted by Council Member Jackson): Council Member Jackson explained the Item. City Manager Morley read an email into the record (attached) and CED Director Dickey distributed a Memo dated April 16, 2024 regarding Advisory — Roof Coatings (attached). Discussion ensued. City Attorney Garganese noted a statutory process/procedure is required for adopting a technical amendment to the Florida Building Code. Council reached consensus for Council Member Jackson to work with the City Attorney and Staff towards developing the request for a local technical amendment to the Florida Building Code for adding scarification and/or recoating to the permitting requirements of the Florida Building Code. Mayor Morrison noted Speaker Cards from individuals waiting to address Council, and called for Mayor Pro Tem Kellum to Chair the meeting while he stepped away to retrieve something from City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • April 16, 2024 Minutes • Page 4 of 4 the Mayor's Office. Shannon Roberts, resident and property owner, discussed support for the City to continue providing opportunities for City Council candidates to reach out to voters at Friday Fest and other events, and suggested the City allow advance booth reservations for City Council candidates at Friday Fests in September, October and November. REPORTS: Mayor Morrison discussed concerns and dissatisfaction over life -safety and other issues related to properties located on 304-316 Fillmore and 116-120 Jackson Avenues, and referenced in the Update to the January 24, 2024 City Council Special Meeting which was presented at the City Council Regular Meeting of March 19, 2024 as Item 9. At approximately 10:40 p.m., City Attorney Garganese made a point of order, calling for a motion to extend or adjourn the meeting. Discussion ensued. A motion was made by Council Member Davis, seconded by Council Member Jackson, to extend until 11:00 p.m. The motion carried 5-0. Discussion ensued. Peg S. Schaller, resident and business owner, discussed the Code Enforcement portion of the Update related to the January 24, 2024 City Council Special Meeting, indicated things are moving toward the right path after having met with City Manager Morley and CED Director Dickey, and pointed to inconsistencies regarding processes and documents related to Notices of Violation. Discussion ensued. Financial Services Director DeLeo discussed American Rescue Plan Act funds available for any additional expenses for the services of Kimley-Horn and Associates to attend a future City Council meeting regarding a Fillmore Avenue expert report. CED Director Dickey suggested Council come prepared with specific questions regarding issues related to the properties located on 304-316 Fillmore and 116-120 Jackson Avenues. City Attorney Garganese discussed the powers of the Council to compel/enforce individuals attend public meetings. Council reached consensus to hold a City Council Special Meeting on Monday, April 22, 2024 at 1:00 p.m. Council Member Willis discussed attending the Cocoa Beach Area Chamber of Commerce Legislative Wrap -Up and Florida House Bill 1365 regarding restriction on homeless camping on city properties, and distributed a Matthew's Hope Moving Forward Magazine regarding the issue which might be helpful in the future. Council Member Jackson announced that she will be attending the Florida Department of Emergency Management Statewide Terrorism training in Viera this week. City Attorney Garganese requested Council approval regarding the Florida League of Cities request that he write a "friend of the court" brief before the U.S. Appellate Court in Atlanta, GA, regarding public input during council meetings. Council reached consensus to allow the City Attorney use the City of Cape Canaveral as an example in drafting the brief in case it is needed. CED Director Dickey announced CED Chief Resilience Manager Eichholz was interviewed today on National Public Radio along with a Harvard Professor regarding resilience policy and infrastructure, and will air on 90.7 WFME in mid -May. ADJOURNMENT: The Meeting was adjourned at 11:25 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk Attachment to the April 16, 2024 City Council Regular Meeting Minutes From: Todd Morley To: Kav Jackson Cc: Anthony Garganese; Michael German; David Dicke Subject: Changes to permitting causing hardship on condos during insuring process Date: Wednesday, April 10, 2024 6:30:00 PM Hi Kay, I had opportunity to briefly discuss your agenda item with both Anthony and Dave. I mentioned that you had previously explained that your item related to some recent activity regarding the insurance industry and the application of roof coatings. At my request, Dave requested a point clarification on permitting for roof coatings from our Building Official, to gather accurate information from the Florida Building Code (FBC) Perspective: Q: Is a permit and inspection required for roof coatings? A: If it's a coating over existing, no. If it's liquid applied roofing, yes. It's been a few years since I was a Building Official and the code changes over the years, so I am cc'ing Mike German to correct me if I get this wrong: The FBC refers to a "Roof Structure" as the structural portion of the roof. This could be concrete, it could be a wood truss system with plywood — the structural part. The FBC refers to a "Roof Covering" separately — this is the waterproofing membrane(s). Depending on the application, this could be asphalt shingles, sheets of bituminous roofing, many types of synthetic rubber roofing, etc. Think of it as the waterproofing part of the roof. I have heard of fabric -reinforced liquid applied systems that can reportedly serve as a primary roof membrane, but I have no experience with them. I know that the age of the "Roof Covering" definitely impacts homeowners insurance — and perhaps this is what you are looking into. There are coating products that are intended to extend the life of a "Roof Covering", but at least in the eyes of the FBC, that is not the same as a new "Roof Covering". Mike, please let us know if I got any of that wrong. I hope this helps add some helpful context to the agenda item. Please let me know if you have any questions. Thanks, Todd Todd Morley City Manager City of Cape Canaveral (321) 868-1220 x218 100 Polk Avenue — P.O. Box 326 Cape Canaveral, Florida 32920 All city email addresses updated March 2024 from cityofcapecanaveral.orq to capecanaveral.gov Attachment to the April 16, 2024 City Council Regular Meeting Minutes Memo Community + Economic Development /9/e $ a -7 -ILc. ///& l z.o v-ZAA- Mt • TO: Administrative Policy Folder VIA: Todd Morley, City Manager FROM: David Dickey, Community and Economic Development Director DATE: April 16, 2024 RE: Advisory — Roof Coatings Recently, Staff became aware of a question raised by a property owner related to the use of roof coatings, and the need for a city building permit for application of same. For this reason, the following Advisory was prepared and placed on the main Building Division page on the city website. ADVISORY USE OF ROOF COATINGS It has recently come to the City's attention there are questions regarding the need for a city building permit for the application of a roof coating. The Florida Building Code (Sec. 9095) states the application of a roof coating, over an existing roof, does not require a city building permit. However, a City Building Permit is required for the application of a liquid applied roof. If you have any questions, please contact the City's Building Official at 321-868-1220, ext. 130. Please let me know if you have any questions. Thank you. Xc: City Council ► b-6. Mike German, City Building Official Brian Palmer, C&ED Dept. Dir./Code Enforcement Manager ITEM # 3 DRAFT CAPE CANAVERAL CITY COUNCIL SPECIAL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Monday April 22, 2024 1:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 1:00 p.m. Council Member Willis 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 Administrative/Financial Services Director Community + Economic Development (C+ED) Dir. C+ED Deputy Director/Code Enforcement Manager C+ED Code Enforcement Officer C+ED Code Enforcement Officer C+ED Chief Resilience Manager C+ED Resilience Engineering Services (RES) Mgr. C+ED Executive Assistant/Department Admin. Code Enforcement Admin Assistant Admin Assistant/Permit Technician Community Engagement Manager/PIO HR/Risk Management Director IT Manager Parks, Recreation + Community Affairs (PRCA) Dir., (Recording Secretary) PRCA Deputy Director/ Parks & Projects Public Works Services Director Public Works Services Deputy Director Executive Assistant to City Manager/Office Manager Brevard County Sheriff's Office Commander Todd Morley Anthony Garganese John DeLeo Dave Dickey Brian Palmer Chris Robinson Jerrol Coats Zachary Eichholz Lexi Miller Renee Yother Patti Roth Anna Young Amy Moody Natalie Harmon Mike Schaffer Molly Thomas John Mayberry June Clark Jessica Erdman Lisa Day Byron Keck APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Jackson to approve the Agenda as written. Motion carried 5-0. PUBLIC PARTICIPATION: Peg Schaller, business owner of Ellie Mae's Tiki Bar, discussed appreciation for City Manager Morley's working to resolve issues previously brought to the City's attention. City of Cape Canaveral, Florida DRAFT City Council Special Meeting • April 22, 2024 Minutes • Page 2 of 3 ITEM FOR DISCUSSION: Review of Community and Economic Development Department roles, responsibilities and discuss actions proposed to resolve current issues for properties located on Fillmore Avenue and Jackson Avenue. UPDATE: Mayor Morrison distributed copies of the original January 24, 2024 Special Meeting update* from the City Council Regular Meeting of March 19, 2024. City Manager Morley thanked Ms. Schaller, and informed Council that Ms. Schaller provided additional information to him, which will be researched and reviewed with Staff. City Manager Morley requested to meet with City Council on May 7, 2024 to present a detailed report of findings on the issues at Fillmore Avenue and Jackson Avenue. A motion made by Council Member Willis, seconded by Council Member Davis, to schedule a meeting for May 7, 2024, starting at 4:30 p.m. The motion carried 5-0. Staff presented the Building Inspection Report listing the individual Fillmore properties referenced in Attachment 2 generated from BS&A. Discussion ensued and included the following items: 1: A written statement from the Building Official with updates will not be available until the project is complete, and if any additional clarification is needed it will be provided in the forthcoming Findings Report. 2: A tracking spreadsheet of all tasks related to Fillmore Avenue has been created and is public record, and an executive summary will be distributed to Council when finalized. RES Manager Miller introduced Kiel Causby, P.E. and Tucker Hunter both with Kimley-Horn and Associates, and distributed a memo* of the engineering report created by Kimley-Horn to Council. Mr. Causby shared a brief project overview presentation of The Villas at Fillmore Avenue. 3: Florida Power & Light (FPL) has complied with removal of all overhead lines and installation of underground lines consistent with the current City Code. City Manager Morley directed Staff to place caution tape and cones around the debris. City Attorney Garganese suggested that if the property owner disapproves, they can have it removed. City Manager Morley instructed Staff to have FPL confirm line locations and burial depth, and assured Council that follow-up will be added to the task list. 4: City Manager Morley confirmed for Council that these items will be in the Findings Report which will be discussed at the May 7, 2024 meeting. 5: City Manager Morley informed Council that these Code revisions and department updates will be presented at a later date as more work needs to be done. Mayor Morrison recessed the meeting at 2:15 p.m. The meeting reconvened at 2:33 p.m. Discussion ensued regarding Code Enforcement issues involving 114, 116,118, and 120 Jackson Avenue: 1: A report showing all actions and correspondence related to Code Enforcement at 114, 116, 118, and 120 Jackson Avenue for the period of January 1, 2016 to January 24, 2024, which shall include all records available, public records requests, watermarks on all record drafts, functionality and reports of BS&A Software (BS&A) . City Manager Morley assured Council a more acceptable report will be provided. City of Cape Canaveral, Florida DRAFT City Council Special Meeting • April 22, 2024 Minutes • Page 3 of 3 2: Procedural and administrative review of Code Enforcement processes, a third party to provide objective recommendations for improvements, a flow chart utilized by Code Enforcement that shows how to start and complete a case, adding FL Statute 162 and City Code are referenced. City Manager requested a copy of the flowchart be emailed to him and the Council. City Attorney Garganese discussed the revision of the City Code in 2019 to remove inconsistencies with State law, and due to these revisions already implemented in the Code for administrative procedures, indicated no reason for further revisions be made at this time. 3: Code Enforcement requirements to maintain Code Enforcement Officer credentials, contracting third -party help to provide objective recommendations for improvements, and recommendation to display Code Enforcement credentials on the City website. 4: A BS&A report of the City's current open cases for distribution to Council, Staff's request for adequate time to generate the report and review by City Manager prior to distribution, the City's previous financial software and data from Springbrook uploaded into BS&A, efforts to remedy the data transition gap, and confirmation from City Manager Morley for the electronic distribution to Council. 5: City Manager Morley will produce a conclusions and recommendations report subsequent to the Findings Report, projecting a June time -frame of availability, and how the improvements will allow more acceptable response times to provide information and services to citizens. City Manager Morley, thanked the Council, Peg Schaller, the Fillmore townhome owners, and Staff. Administrative/Financial Services Director, John DeLeo, thanked Executive Assistant to the City Manager/Office Manager Day for working overtime in preparation for the meeting. ADJOURNMENT: The Meeting was adjourned at 3:42 p.m. Wes Morrison, Mayor Molly Thomas, PRCA Director (Recording Secretary) *Copies of the documents distributed and presented during this meeting will be attached electronically to the Minutes, after adoption, in Laserfiche online. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MAY 21, 2024 AGENDA ITEM SUMMARY • ITEM # 4 Subject: Resolution No. 2024-03; appointing a Member to the Board of Adjustment of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Arvo Eilau) Department: City Clerk's Office Summary: On April 18, 2024, the Board of Adjustment (BOA) interviewed Arvo Eilau to fill one of three vacancies on the BOA. The BOA unanimously recommended the Council appoint Mr. Eilau, who is scheduled to be in attendance for tonight's Meeting for interview by Council earlier in the Agenda. Attached is Resolution No. 2024-03 for Council consideration. Appointment of Mr. Eilau to the Board would fill the remainder of an existing, unexpired term that will end October 1, 2026, a term that is a rollover vacancy that has existed for many years. Following the completion of this term, Mr. Eilau shall be eligible for reappointment to the BOA, consistent with the limitations set forth in Section 2-171(f), City Code. It is now incumbent upon Council to appoint a Member to the BOA. Submitting Department Director: Mia Goforth Attachment: Resolution No. 2024-03 Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Adopt Resolution No. 2024-03. Approved by City Manager: Todd Morley RESOLUTION NO. 2024-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; APPOINTING A MEMBER TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 110-26 established a Board known as the Board of Adjustment; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a member to said Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Appointment to City Advisory Board. Pursuant to Section 2-171(e) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby appoints the following individual to Board of Adjustment: Arvo Eilau shall be appointed to an existing, unexpired term, to serve until October 1, 2026. Following completion of this term, this appointee shall be eligible for reappointment, consistent with the limitations set forth in section 2-171(f), City Code. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 21 st day of May, 2024. City of Cape Canaveral Resolution No. 2024-03 Page 1 of 2 ATTEST: Mia Goforth, CMC, City Clerk Wes Morrison, Mayor Name FOR AGAINST Kim Davis Kay Jackson Mickie Kellum Wes Morrison Don Willis Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2024-03 Page 2 of 2 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MAY 21, 2024 AGENDA ITEM SUMMARY • ITEM # 5 Subject: Discuss the findings of the Wastewater Revenue Sufficiency Analysis requested by Council at the June 21, 2022 City Council Meeting and support Staff's recommendation to proceed with the 5.0% Wastewater Rate increase for FY 24/25 as set forth in the 2022 Analysis. Department: Financial Services Department Summary: At the June 21, 2022 City Council Meeting (Attachment 1), City Council approved the Wastewater Revenue Sufficiency Analysis conducted by Raftelis (Attachment 2). The Raftelis Analysis included a recommended rate structure, intended to be implemented over a five-year period, which provides for programmed budgetary surpluses in the Wastewater Fund. Council also requested that Staff perform an annual analysis to determine if the recommended/projected revenues and expenditures for each year are above or below the projections. Staff has performed the requested analysis for the current year (Attachment 3 — 2024), which shows that the surplus projected by the Raftelis Analysis will not be achieved for FY 24/25. For FY 24/25, the Raftelis Analysis recommended a 5.0% increase, projecting that the City would attain a $561,782 Surplus. However, the 2024 Staff Analysis revealed that the increase yielded only a $185,733 Surplus. This was due to inflationary increases in Staff salaries, an increase debt service, and inflationary increases in operating costs. If the City Council desires to achieve the projected Surplus of $561,782, the Sewer Rate would have to be increased an additional 7%, which would result in an overall increase in FY 24/25 to 12%. Staff does not expect this negative trend to continue. However, with the inflationary impacts experienced in the last few years and its effects on the economy, future fluctuations cannot be predicted if the economy does not show improvement. The desired surplus reflected in the Raftelis Analysis for future years was overcome by events based on the increases stated above. Staff recommends "staying the course" and proceeding as set forth in the Raftelis Analysis, which provides for a 5.0% increase for FY 24/25 and keeps the Wastewater Fund whole. The impact of the Wastewater Fund not realizing the $561,782 Surplus for FY 24/25 will require the $376,049 shortfall to be funded by the Wastewater Contingency Fund and Renewal/Replacement Fund, if warranted. Submitting Department Director: John DeLeo Attachments: 1. City Council Meeting Minutes Portion of June 21, 2022. 2. Rafetilis Wastewater Revenue Sufficiency Analysis Portion dated May 5, 2022. 3. Staff Wastewater Analysis Requested by Council Final, dated April 26, 2024. Financial Impact: Contingent upon Council direction; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo City of Cape Canaveral City Council Meeting • May 21, 2024 Agenda Item # 5_ Page 2 of 2 The City Manager recommends the City Council take the following actions: Discuss the findings of the Wastewater Revenue Sufficiency Analysis requested by Council at the June 21, 2022 City Council Meeting and support Staff's recommendation to proceed with the 5% Wastewater increase for FY 24/25 as recommended in the Raftelis Analysis. Approved by City Manager: Todd Morley Attachment 1 City of Cape Canaveral, Florida City Council Regular Meeting • June 21, 2022 Minutes • Page 3 of 6 delayed either way, and the multiple interpretations and added details to Mayor Pro Tem Kellum's original motion. Mayor Pro Tem Kellum agreed to allow Mayor Morrison to re -state the original motion. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to explore alternatives to save the tree, allow the City Manager to make the decision, whether to save or remove it, and communicate that decision to Council. Mayor Morrison explained Council is trying to give City Manager Morley the ability to move quickly without having to bring the Item back to Council. Mr. Pervell expressed confidence the City will make the right decision either way, and requested the six replacement trees to be planted in Canaveral City Park. City Manager Morley stated Mr. Pervell's idea to place trees along the outfield is a great idea. Projects/Parks Administrator Vergara indicated landscaping at the Park is not finished and more trees will be planted. Arlyn DeBlauw, resident, inquired about holding the contractor responsible. City Manager Morley explained how that argument would be very hard to make due to the Construction/Manager At -Risk Contract in place, which means that the City would end up paying for it anyway. The motion carried 5-0. PUBLIC HEARING: 7. Ordinance No. 05-2022; providing for a Referendum and Ballot Language for the November 8, 2022 General Election or an election scheduled thereafter; proposing to amend Section 2.02 of the City Charter regarding eligibility to serve on the City Council to provide that City Council Members must be domiciled within the City of Cape Canaveral at least one (1) year immediately prior to qualifying and must remain domiciled within the City of Cape Canaveral during their term in office or forfeit their office; providing for a notice of the City of Cape Canaveral Charter Referendum Question; providing for coordination with the Supervisor of Elections; providing for administration of the Referendum by the City Clerk and City Manager; providing for severability and an effective date, second reading: City Attorney Garganese read the title into the record and explained the Item. The Public Hearing was opened. Patrick Campbell, resident, inquired if this action would solve the problem regarding the clerical error contained in last year's Candidate Packet that indicated those running for City Council, must be a resident for one year in the City. City Attorney Garganese confirmed that the amendment incorporating this provision of a one (1) year domicile requirement in the City Charter would solve that problem. The Public Hearing was closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to adopt Ordinance No. 05-2022, at second reading. The motion carried 5-0. 8. Based on the May 5, 2022 City of Cape Canaveral Wastewater Revenue Sufficiency Analysis completed by Raftelis Financial Consultants, Inc., the following action is recommended by City Staff: Resolution No. 2022-13; revising the City's Sanitary Sewer Service Fee Schedule in accordance with Article III of Chapter 78 of the City Code for Fiscal Years 2022/2023 through 2026/2027; providing for the repeal of prior inconsistent resolutions; incorporation into Appendix B, Schedule of Fees; severability and an effective date: Mayor Morrison read the title into the record. City Manager Morley explained the purpose of the Item and how the action is taken every five years with exception to last year due to the COVID-19 Pandemic. Discussion ensued and included the purpose of using a resolution versus an ordinance to adopt the Fee Schedule, provisions in both the City Charter and Code for use of either resolution or ordinance, City Attorney Garganese' prepared Draft Ordinance should Council decide to use it out of an abundance of caution, the City's history of using a resolution to revise the City's Sanitary Sewer Service Fee, providing the public two hearings instead of one, the rate increase would be effective October 1, 2022, how rate studies and increases are critical to keep pace with City's operations, City of Cape Canaveral, Florida City Council Regular Meeting • June 21, 2022 Minutes • Page 4 of 6 and desire to adopt by resolution. Council reached consensus to take action by Ordinance. City Attorney Garganese read the title of Draft Ordinance No. XX-2022 (attached) into the record, indicating an ordinance number would be assigned for second reading. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to approve Draft Ordinance No. XX-2022, as written, at first reading. The Public Hearing was opened. Brad Pervell, resident, discussed the need to increase prices, and suggested charging short-term rental properties to offset rates for citizens. Shannon Roberts, resident, discussed concerns regarding cost of living and manageability of the Sewer Rate increases, and suggested the City consider alternative ways to obtain funding to offset the costs for residents. The Public Hearing was closed. Raftelis Financial Consultants, Inc. Manager Joe Williams discussed the Study, this type of increase will happen due to the City being built out, potential cost savings in the latter years, and how a number of utilities have adjustments connected to the Consumer Price Index. Discussion ensued and included comparisons with local/coastal cities, impracticality of annual studies, study cost of $18,000, chemical costs increasing, comparing data next year, how the non-proprietary study model can be adjusted, concern over passing things five years out, and desire to cut costs due to potential economic crises. Administrative/Financial Services Director DeLeo discussed the positive financial outlook for the City including low interest rate loans, less future debt and the Presidential Streets Project funding through the Community Redevelopment Agency budget along with matching funds from Brevard County. Discussion ensued and included the use of American Rescue Plan Act funds, the City's sewer usage structure connected to the City of Cocoa water usage and sewer, and support for using the Study to make adjustments annually. City Attorney Garganese discussed the procedural requirements for sewer rate change notices to be placed in the water bill. Administrative/Financial Services Director DeLeo discussed how, if Council chooses to do it annually, the analysis would be done each May prior to the Proposed Budget in June, and the City must notify the City of Cocoa of any changes sixty days prior. City Manager Morley suggested Council could make an amendment to the motion to add a provision to Ordinance XX-2022, at second reading, which allows for the annual review in the month of May each year for the next four years. Mayor Pro Tem Kellum agreed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to amend the main motion, to do a yearly review in May. The motion carried 5-0. Discussion ensued regarding the main motion on the floor. The main motion carried 3-2, with Mayor Morrison and Council Member Willis voting against. Mayor Morrison recessed the meeting at 8:30 p.m. The meeting reconvened at 8:41 p.m. ITEM FOR ACTION: 9. Review and approve March 30, 2022 Strategic Planning Retreat Minutes, Workshop Minutes and Draft Summary Report; authorizing/finalizing revisions to Mission, Vision and Values Statements and possible revisions/updates; adopt Report setting short, intermediate and long-term strategic goals beginning Fiscal Year 2022/23: City Manager Morley thanked Strategic Government Resources Consultant Doug Thomas for providing the Report. Mr. Thomas made a presentation to Council. City Manager Morley clarified how the Mission Statement has already been adopted as part of the City's Strategic Planning, but the final Report and the Vision Statement are what Council is considering. Discussion ensued and included accepting the Report, waiting to approve the Vision Statement, circulation of the Vision Statement for feedback from the community, the City's 60th Anniversary in 2022, and making modifications to the Vision Statement. Council reached consensus to bring the Vision Statement back to Council for consideration at the October 2022 Regular City Council Meeting. A motion was made by Council Member Willis, seconded by Council Member Raymond, to accept the draft Report. Shannon Roberts, resident, discussed concerns regarding the issue of safety missing in the Attachment 2 CITY OF CAPE CANAVERAL: WASTEWATER REVENUE SUFFICIENCY ANALYSIS amount for all customers per bill and would distort the Multi-Family comparison. Amounts shown for Single Family and Commercial are based on 5,000 gallons per month, whereas, the amount shown for Multi-Family is a flat rate per dwelling unit originally designed on usage slightly above 2,000 gallons per month per dwelling unit. Graph 5. Typical Monthly Bill $100.00 $90.00 $85 $87 $77 $81 $80.00 $72 jo°o $62 $69 S71 $44536 • $10.00 $0.00 2022/23 2023/24 2024/25 2025/26 2026/27 •Single Family @ 5K Gal IN Multi-Family Commercial @ 5 K Gal Financial results of the rate adjustments are presented in. Table 7, as summarized from Schedule 4, indicating positive and increasing cash flows for the forecasted fiscal years.These increasing cash flows are important to help the Utility to continue to fund need capital improvement projects during and beyond the forecasted period. Additionally, the positive cash flows will allow the Utility to recover the Unrestricted Operating Reserve Funds that will be depleted over the next few years while implementing capital improvements. Finally, the SRF annual debt service coverage requirements will be exceeded and give the ability for additional SRF or other debt issuances in the future should large project needs arise. Table 7. Operating Revenue Sufficiency Proposed Rates 2022/23 2023/24 2024/25 2025/26 2026/27 User Rates $4,728,700 $5,I00,700 $5,418,100 $5,690,400 $5,837,500 Other Revenue 126,000 I32,300 139,000 142,500 146,100 Total Revenue $4,854,700 $5,233,000 $5,557,100 $5,832,900 $5,983,600 O&M Expenses 3,186,400 3,339,200 3,492,600 3,685,700 3,807,000 Net Revenue $1,668,300 $1,893,800 $2,064,500 $2,147,200 $2,176,600 Debt Service 720,218 795,218 795,218 795,218 795,218 Non-Oper Exp 707,500 707,500 707,500 707,500 707,500 Surplus(Deficit) $240,582 $39I,082 $561,782 $644,482 $673,882 SRF Loan Coverage Required 1.15 1.15 1.15 1.15 1.15 Achieved 2.32 2.38 2.60 2.70 2.74 Graph 6 illustrates the forecasted operating results based on the proposed future rate adjustments as tabulated in Table 7. CITY OF CAPE CANAVF1;.1. WASTEWATER REVENUE SUFFICIENCY ANAL`• Graph 3. Reserve Fund Balances Under Existing Rates $2.0 $1.0 $0.0 -$2.0 -$3.0 -$4.0 2021/22 2022/23 2023/24 2024/25 2025/26 Impact Fee{Expansion}Fund iii Unrestricted Operating Reserve Fund -Desired combined Minimum Balances Rate Adjustments for Revenue Sufficiency The operating revenue sufficiency previously illustrated in Graphs 2 and 3, and Table 5, reflected results without any changes to rates. The existing rates are not adequate to address total expenses incurred by the Utility. These shortfalls can be addressed through a series of rate adjustments as shown in Table 6, which are designed to phase-in increases to the extent possible. Table 6. Schedule of Multi-Year Rate Adjustments and User Rates 2022/23 2023/24 2024/25 2025/26 2026/27 Wastewater Adjustment ' 10.00% 7.50% 5.00% 5.00% 2.50% Customer Charge per Bill All Classes $2.50 $2.69 $2.83 $2.98 $3.06 Readiness to Serve Charge per ERU Single Family $21.07 $22.66 $23.80 $24.99 $25.62 Commercial $26.35 $28.33 $29.75 $3I.24 $32.03 Public Buildings $21.07 $22.66 $23.80 $24.99 $25.62 Usage Rate per 1,000 gal. Single Family $6.88 $7.40 $7.77 $8.16 $8.37 Commercial $8.57 $9.22 $9.69 $10.18 $10.44 Public Buildings $6.88 $7.40 $7.77 $8.16 $8.37 Sewer Flat Rate Multi-Family $36.11 $38.82 $40.77 $42.81 $43.89 Reclaimed Water Adjustment 0.00% 0.00% 0.00% 0.00% 0.00% Flat Rate All Classes $8.12 $8.12 $8.12 $8.12 $8.12 1. Effective first full billing cycle on or after October 1,2022 and each October 1st thereafter through 2026. Results of the rate adjustments on monthly bills for different customer classes are illustrated on Graph 5. Monthly bill amounts shown in Graph 5 do not include the Customer Charge per Bill as this is an equal 1 CITY OF • '- Attachment 3 P.O. Box 326 • 100 Polk Avenue • Cape Canaveral, FL 32920-0326 (321) 868-1220 www.cityofcapecanaveral.org CITY OF CAPE CANAVERAL April 26, 2024 Honorable Mayor & Councilmembers Subject: Requested Wastewater Analysis by Council This letter contains the results of the Wastewater Analysis requested by Council at the June 21, 2022 City Council Meeting. The analysis was conducted to determine if the projected revenues/expenditures for FY 2024, were above or below the May 5, 2022 Wastewater Revenue Sufficiency Analysis conducted by Raftelis. The attached analysis shows the numbers projected in the Study for FY 2024/25, Current FY 2024 Estimates, Projected Revenues with the 5.0% increase as shown in the May 22 Study and the Change Rate which impacted the projected Surplus(deficit). The Study projected a $561,782 Surplus representative of a 5.0% increase for FY 2024/25. However, the analysis revealed that the Surplus yielded only $185,733 Surplus. This was due to increase in salaries, debt service, and operating services. If the City wanted to achieve the projected Surplus of $561,782 the sewer increase would have to be increased an additional 7%, which would result in an overall increase in FY2024/25 to 12%. Based on these finding I recommend following the results of the study with a 5.0% increase for FY2024/25. Respectfully, John DeLeo Administrative/Financial Services Director Attachment: Sufficiency Analysis USER RATES Study Current Projected Achieve Study Utility Maintain Study 24/25 FY24 Estimates With 5%Increase Change Rate Income requires a 7.2% Surplus requires increase an 12%increase Utility Op Income $5,418,100 $5,050,540 MI SIIMM $5,419,734.47 $5,679,881.73 Utility Penalty Income $70,000. $70,000 $73,500 $3,500 $75,117.00 75117 Sewer Assessment Fees $69,000 $92,000 $96,600 $4,600 $98,725.20 98725.2 total revenue $5,557,100. $5,212,540 $5,473,167 -$106,933 $5,593,576.67 $5,853,723.93 O&M $3,492,600 $3,629,047 $3,629,047 -$136,447 $3,629,047 $3,629,047 Net Revenue $2,064,500 $1,583,493 $1,844,120 -$220,380 $1,964,530 r $2,224,676.93 Debt Service $795,218 $862,000 $862,000 -$66,782 $862,000 $862,000 non op exp $707,500 $796,387 $796,387 -$88,887 $796,387 $796,387 Surplus(deficit) $561,782 -$74,894 $185,733 -$376,049 $306,143 $566,289.93 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MAY 21, 2024 AGENDA ITEM SUMMARY • ITEM # 6 Subject: Resolution No. 2024-02; amending the Defined Contribution Retirement Plan for the general employees of the City of Cape Canaveral, Florida; providing for the repeal of prior inconsistent resolutions, severability and an effective date. Department: Human Resources/Risk Management Summary: The City's Defined Contribution Plan was established 23 years ago with a non -elective contribution of 7% into a 401(a)-retirement account. (Attachment 1) It was later updated 18 years ago to include a matching contribution of 3% into the 401(a)-retirement account, based on an employee's contribution into a 457(b)-retirement account. (Attachment 2) This item was initially introduced at the March 19, 2024, City Council Regular Meeting with a proposed increase to 11% for the 401(a) and an increase to 5% for the 457(b), resulting in a corresponding budgetary impact of $181,210. The Resolution, if approved, will take effect on October 13, 2024, aligning with the commencement of the initial pay period in FY 24/25. (See Attachment 3). No action was taken on March 19, 2024. Instead, staff was directed to collect additional data from surrounding municipalities for review at the CIP Workshop. This data was subsequently distributed at the Workshop. City Council requested two alternate Contribution percentages. The first is a proposed increase to 9% for the 401(a) and an increase to 4% for the 457(b). This modification corresponds to a budgetary impact of $90,605 (Attachment 4). The second proposes an increase to 10% for the 401(a) and maintains the status quo of 3% for the 457(b), resulting in a corresponding budgetary impact of $92,940 (Attachment 5). Considerations for immediate vesting: Nearly half (49%) of employers are offering immediate vesting for defined contribution plans. As of 2021, two-thirds of plans with a matching contribution allowed participants to receive the match within the first month of an employee's hire date. Fewer than 20% of plans require a waiting period before receiving an employer match. (Attachment 6) Resolution No. 2024-02 (Attachment 7) is presented for consideration, possible revision and adoption. This Resolution will implement immediate vesting upon completion of an employee's probation period and have an effective date of October 13, 2024. Submitting Department Director: Natalie Harmon Attachments: 1. Resolution No. 2001-27 2. Resolution No. 2006-51 3. Retirement Plan Costs and Projected Costs — 11% 401(a) and 5% 457(b) 4. Retirement Plan Costs and Projected Costs — 9% 401(a) and 4% 457(b) 5. Retirement Plan Costs and Projected Costs — 10% 401(a) and 3% 457(b) 6. Vanguard Article: How employer plans can attract & retain employees 7. Resolution No. 2024-02 City of Cape Canaveral City Council Meeting • May 21, 2024 Agenda Item # 6_ Page 2 of 2 Financial Impact: Contingent on City Council's direction; 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: Discuss options and consider adoption of Resolution No. 2024-02. Approved by City Manager: Todd Morley Attachment 1 RESOLUTION NO. 01-27 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA ESTABLISHING A DEFINED CONTRIBUTION PLAN; PROVIDING FOR EXECUTION OF TRUST JOINDER AGREEMENT; PROVIDING FOR ADOPTION OF DEFINED CONTRIBUTION PLAN; PROVIDING FOR ACKNOWLEDGEMENT OF MASTER TRUSTEES; PROVIDING FOR EXECUTION OF AN ADOPTION AGREEMENT; PROVIDING FOR ABIDING BY TERMS AND ACCEPTANCE OF SERVICES; PROVIDING FOR TERMINATION OF PARTICIPATION; PROVIDING FOR ACKNOWLEDGEMENT REGARDING ASSETS; PROVIDING FOR APPROVAL BY MASTER TRUSTEES; PROVIDING FOR FULL FORCE AND EFFECTIVENESS; PROVIDING FOR REPEAL OF CONFLICTING RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral, Brevard County, Florida, (hereinafter referred to as the "Participating Employer") has determined that in the interest of attracting and retaining qualified employees, it wishes to offer a defined contribution plan; WHEREAS, the Participating Employer has also determined that it wishes to encourage employees' saving for retirement by offering non -matching contributions; WHEREAS, the Participating Employer has reviewed the Florida Municipal Pension Trust Fund ("FMPTF") Defined Contribution Plan ("Plan"); WHEREAS, the Participating Employer wishes to participate in the Plan to provide certain benefits to its employees, reduce overall administrative costs, and afford attractive investment opportunities; WHEREAS, the Participating Employer is an Employer as defined in the Plan; WHEREAS, the Participating Employer shall execute a Trust Joinder Agreement to become a party to the FMPTF Master Trust Agreement as a condition of participating in the Plan; WHEREAS, the Participating Employer shall execute an Adoption Agreement for the Plan; and WHEREAS, the City of Cape Canaveral is authorized by law to adopt this resolution approving the Trust Joinder Agreement and the Adoption Agreement; City of Cape Canaveral, Florida Resolution No. 01-27 Page 2 THEREFORE, the City of Cape Canaveral, Brevard County, Florida hereby resolves: Section 1. The Participating Employer authorizes the execution of the Trust Joinder Agreement for the Participating Employer to become a party to the FMPTF Master Trust Agreement. The FMPTF Master Trust Agreement, as may be amended by the Master Trustees of the FMPTF Defined Contribution Plan ("Master Trustees"), shall be attached to and made a part of the Trust Joinder Agreement. Section 2. The Participating Employer adopts the FMPTF Defined Contribution Plan for its Employees. The Plan, as may be amended by the Master Trustees, is attached hereto as Exhibit 1 and is made a part of this Resolution. Section 3. The Participating Employer acknowledges that the Master Trustees are only responsible for the Plan and have no responsibility for other employee benefit plans maintained by the Participating Employer. Section 4. The Participating Employer hereby adopts the terms of the Adoption Agreement, which is attached hereto as Exhibit 2 and is made a part of this Resolution. The Adoption Agreement sets forth the Employees to be covered by the Plan, the benefits to be provided by the Participating Employer under the Plan, and any conditions imposed by the Participating Employer with respect to, but not inconsistent with, the Plan. The Participating Employer reserves the right to amend its elections under the Adoption Agreement, so long as the amendment is not inconsistent with the Plan, the FMPTF Master Trust Agreement or the Internal Revenue Code or other applicable law and is approved by the Master Trustees of the Plan. Section 5. (a) The Participating Employer shall abide by the terms of the Plan and the FMPTF Master Trust Agreement, including amendments to the Plan and the FMPTF Master Trust Agreement made by the Master Trustees, all investment, administrative, and other service agreements of the Plan and the FMPTF Master Trust Agreement, and all applicable provisions of the Internal Revenue Code or other applicable law. (b) The Participating Employer accepts the administrative services to be provided by Florida League of Cities, Inc. and any services provided by a service manager as delegated by the Master Trustees. The Participating Employer acknowledges that fees will be imposed with respect to the services provided and that such fees may be deducted from the Participating Employees' accounts. Section 6. (a) The Participating Employer may terminate its participation in the Plan, if it takes the following actions: City of Cape Canaveral, Florida Resolution No. 01-27 Page 3 (i) A resolution must be adopted terminating its participation in the Plan. (ii) The resolution must specify when the participation will end. The Master Trustees shall determine whether the resolution complies with the Plan, the FMPTF Master Trust Agreement, and all applicable federal and state laws, shall determine an appropriate effective date, and shall provide appropriate forms to terminate ongoing participation. However, distributions under the Plan of existing accounts to Participating Employees will be made in accordance with the Plan. (b) The Participating Employer acknowledges that the Plan and the FMPTF Master Trust Agreement contain provisions for involuntary Plan termination. Section 7. The Participating Employer acknowledges that all assets held in connection with the Plan, including all contributions to the Plan, all property and rights acquired or purchased with such amounts and all income attributable to such amounts, property or rights shall be held in trust for the exclusive benefit of Participating Employees and their Beneficiaries under the Plan. No part of the assets and income of the Plan shall be used for, or diverted to, purposes other than for the exclusive benefit of Participating Employees and their Beneficiaries and for defraying reasonable expenses of the Plan. All amounts of compensation deferred pursuant to the Plan, all property and rights acquired or purchased with such amounts and all income attributable to such amounts, property or rights held as part of the Plan, shall be transferred to the Master Trustees to be held, managed, invested and distributed as part of the Master Trust Fund in accordance with the provisions of the Plan and the FMPTF Master Trust Agreement. All contributions to the Plan must be transferred by the Participating Employer to the Master Trust Fund. All benefits under the Plan shall be distributed solely from the Master Trust Fund pursuant to the Plan. Section 8. This Resolution, the Trust Joinder Agreement and the Adoption Agreement shall be submitted to the Master Trustees for their approval. The Master Trustees shall determine whether the Resolution complies with the Plan and the FMPTF Master Trust Agreement, and, if it does, shall provide appropriate forms to the Participating Employer to implement participation in the Plan. The Master Trustees may refuse to approve an Adoption Agreement by an Employer that does not have proper authority to participate in the Plan. The City of Cape Canaveral hereby acknowledges that it is responsible to assure that this Resolution, the Trust Joinder Agreement and the Adoption Agreement are adopted and executed in accordance with the requirements of applicable law. Section 9. This Resolution shall remain in full force and effect until supplemented, amended, repealed or otherwise altered. Section 10. This Resolution hereby repeals all resolutions in conflict herewith. ATTEST: usan tills,'CITY ERK APPROVED AS TO FORM: Kohn Bennett, ATTORNEY City of Cape Canaveral, Florida Resolution No. 01-27 Page 4 Section 11. This Resolution shall become effective immediately upon its adoption. PASSED AND ORDAINED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 18th day of September.,..2001. Rocky Randels, MAYOR FOR X Burt Bruns Buzz Petsos X Rocky Randels X Richard Treverton Motion Larry Weber Second AGAINST 111,:1,141111,),1,11:11(6111:111),111, ,0111111,11,1q 1111111111 Florida Municipal Pension TrustRESOLUTION NO. 01-27 Fund EXHIBIT 1 § 401(a) Defined Contribution Plan Adoption Agreement Participating Employer: Name of Government Entity_ Address Address City:State-Zip__ City of Canaveral P.O. Box 326 105 Polk Ave Cape Canaverak FL 32920 Individual to Receive Plan Notices Ms. Andrea Bowers Title City Treasurer Telephone 321-868-1234 Fax 321-799-3170 e-mail Bowers-capeir4fl.rr.com Your Plan Administrator is: Florida League of Cities, Inc. 301 S. Bronough Street P.O. Box 1757 Tallahassee, Florida 32302 Phone: (850) 222-9684 Fax: (850) 222-3806 Contacts: Mark Sittig, Retirement Services Manager, 850-224-6779 x276, marksittig@flcities.com Taimmi Jackson, FMPTF Trust Adrninistrator, 850-224-6779 x272 tjackson@fleities.com Plan Provisions The City of Cape Canaveral will use FMPTF's § 401(a) Defined Contribution Plan. For any Plan choice that this Adoption Agreement fails to specify, the Participating Employer is deemed to have specified the first -displayed choice. Your Plan Year is: October 1 — September 30 January 1 — December 31 Other CO Florida Municipal Pension Trust Fund Florida League of Cities, Inc. ,,,11101?11111111/11111111p,„ 1,11 ,00n1111, Florida Municipal Pension Trust Fund § 401(a) Defined Contribution Plan Adoption Agreement Payroll Periods The payroll period of the Participating Employer is: 0 weekly bi-weekly • semi-monthly 0 monthly D other [specify]: Who's eligible? RESOLUTION NO. 01-27 EXHIBIT 1 An Employee is eligible to share in Non -elective Contributions and Matching Contributions (to the extent provided under the Plan) if he or she meets all of the following three eligibility conditions: 1. Age condition An Employee is eligible if he or she has attained: X no age requirement age 16 age 18 age 21 2. Service condition An Employee is eligible if he or she has completed: no service requirement months of Eligibility Service X I Year of Eligibility Service X_Other: Must work over 1000 hours/year . Excluded Employees Every Employee shares in Non -elective Contributions and Matching Contributions except an Employee who belongs to a classification specified below: © Florida Municipal Pension Trust Fund Florida League of Cities, Inc. page 2 111111111H111111M11111111111111111011M1M1101140011M nuramormomnInnInnommumm Florida Municipal Pension Trust Fund RESOLUTION NO. 01-27 §401(a)Defined Contribution Plan EXHIBIT 1 Adoption Agreement Participating Employer Contributions A Participating Employer may make Non-elective Contributions and/or Matching Contributions as specified below. Non elective Contributions and Matching Contributions that are tied to Payroll Periods (as defined in this Adoption Agreement) must be remitted to the Plan Administrator no later than 15 business days after the Payroll Period. Annual Contributions must be remitted to the Plan Administrator no later than 15 business days after the end of the Plan Year A Participating Employer may establish different classes of Employees for contribution purposes in this Adoption Agreement. The Participating Employer hereby elects to make Contributions as follows(choose one or both as applicable): 011111 0 Non-elective Conitibutiom—Participating Employer Non-elective Contributions will be made on the following basis: 7%of employee's compensation Matching Contributions Matching Contributions are Participating Employer Contributions that may be made to match all or a portion of a Participant's contribution to an eligible 457(b) deferred compensation plan. If the Participating Employer provides Matching Contributions, the amount of Matching Contributions made for a Participant each Plan Year will be(choose only one): [ ] up to %of such Participant's Employee Basic Contributions. [ % of the Participant's Employee Basic Contributions, which cannot exceed %of the Participant's Benefit Compensation. [ j other formula (requires approval from the FMPTF ) Non-elective Contributions and Matching Contributions in the year of termination A Participant shall receive the Employer Contribution during the year of termination regardless of time completed, subject to the vesting schedule. Non-elective Contributions and Matching Contributions will be made: per pay _X_ monthly quarterly once a year 0 Florida Municipal Pension Trust Fund Florida League of Cities,Inc. page 3 • 04 No opo, 111,1000 11 RESOLUTION NO. 01-27 Florida Municipal Pension Trust Fund EXHIBIT 1 §401(a)Defined Contribution Plan Adoption Agreement Benefit Compensation Benefit Compensation means the Participant's: Benefit Compensation as defined in Provision 3.13 in the Plan Document. other [specify] (requires approval from the FMPTF) Vesting for Participating Employer Non-elective Contributions and Matching Contributions A Participating Employer may establish a vesting schedule for Participating Employer Non- elective Contributions and Matching Contributions. This means that if the Participant leaves the Participating Employer's employment prior to completing a specified minimum period of service (not to exceed 5 years), the Participant forfeits the Participating Employer's Non-elective Contributions and Matching Contributions. However, upon Death,Disability, or the Termination of the Plan, the Participant is 100% vested in the Participant's Participating Employer Non- elective Contributions and Matching Contlibutions, notwithstanding any vesting schedule. If a vesting schedule is established, it is the Participating Employer's responsibility to calculate the Participants service and report it to the Plan Administrator. The Participating Employer hereby elects the following: A Participant becomes Vested in his or her Plan Account according to: O immediate vesting -or- the schedule marked below Vested percent::e Years of Vestin Service Jj 0% 0% 20% 0% 2 0% 0% 40% 25% 3 100% 0% 60% 50% 4 **** 0% 80% 75% 5 **** 100% 100% 100% 6 **** **** **** **** 7 **** **** **** **** _—...- mmxunwomummomr.wonnmam.mans mounnuniMMOUU num.anummmaaNiann wxwnnu WO a own um nnmneunam nmnammnnnoymmnwn.avmnmn... 0 Florida Municipal Pension Trust Fund Florida League of Cities,Inc. page 4 -0 warn.nummionnorn UMOOnannonanIM. onmeammonanonmmnanononnmnornOnrnmeManovmovuumwo mama Marnuninn mnn mom mmannwwnwnw n ma, Florida Municipal Pension Trust Fund RESOLUTION NO. 01-27 401(a)Defined Contribution Plan EXHIBIT 1 Adoption Agreement Unless otherwise specified above, the vesting period will begin on the Participant's first day of employment as an Eligible Employee. In addition, unless otherwise indicated above, Eligible Employees who are employed on the date the Plan is adopted by the Employer will be given credit for prior service as an Eligible Employee for purposes of satisfying the vesting schedule. Also, unless otherwise provided above, different periods of service as an Eligible Employee will be added together in determining whether the vesting period has been satisfied. Restated Plan- If this is a Restated Plan to an existing defined contribution plan and the Vesting Schedule has been amended by this Restated Plan, enter the pre-amended vesting schedule below: a. X Years of Service Percentage Years of Service Percentage Less than 4 years 0% 7 yrs 70% 4 yrs ____40`)/0_ 8 yrs 80%. 5 yrs 50% 9 yrs 90%. 6 yrs 60%. 10 or more yrs 100% b. Schedule has not been amended. Years of Vesting Service A year of vesting service shall be measured from the Participant's date of hire. The completion of twelve calendar months from the date of hire shall count as a year of vesting service. Any years of vesting service credited from prior years shall remain credited, regardless of revised provisions. Forfeitures Forfeitures shall be held in a Forfeiture Account and be used to reduce future Participating Employer Contributions. ©Florida Municipal Pension Trust Fund Florida League of Cities,Inc. page 5 Florida Municipal Pension Trust Fund § 401(a) Defined Contribution Plan Adoption Agreement Changing and Terminating this Adoption Agreement RESOLUTION NO. 01-27 EXHIBIT 1 If a Participating Employer desires to amend any of its elections contained in this Adoption Agreement, the Participating Employer by official action must adopt an amendment to the Adoption Agreement or a new Adoption Agreement must be adopted and forwarded to the FMPTF for approval. This Adoption Agreement may be terminated only in accordance with the Plan. Adopting the Plan By signing below, the Participating Employer adopts the FMPTF 401(a) Defined Contribution Plan ("Plan"). The Participating Employer acknowledges that it received a copy of the Plan. The Participating Employer shall receive copies of any Plan amendments made by the FMPTF. The Participating Employer's signer represents that he or she is a proper officer of and has authority to enter into this Adoption Agreement as an obligation of the Participating Employer. City of Cane Canaveral Participating Employer Date: .2118/ 2001. Accepted for the: Florida Municipal Pension Trust Fund ( By th Adminis!rato BY: © Florida Municipal Pension Trust Fund Florida League of Cities, Inc. Page 6 11110111A1011111, Attachment 2 RESOLUTION NO. 2006-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING THE RETIREMENT PLAN AND TRUST FOR THE EMPLOYEES OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR CONFLICTING RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral established a Retirement Plan and Trust for the Employees of the City of Cape Canaveral pursuant to Resolution number 2001-27; and WHEREAS, the Retirement Plan and Trust agreement was executed on September 18, 2001; and WHEREAS, Section 3.01 of the Plan and Trust authorizes the City Council to amend the Plan and Trust, in whole or in part, either retroactively or prospectively, by delivering to the Trustee a written amendment in accordance with the limitations set out in that section; and WHEREAS, the City Council desires to amend the plan to allow for matching contributions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL: SECTION 1. The City Council of the City of Cape Canaveral, in its capacity as the Trustee of the Retirement Plan and Trust for the employees of the City of Cape Canaveral hereby approves the changes as set out forth below, with additions to the Plan and Trust indicated by underlining (underlining) and deletions by strike through (). Participating Employer Contributions A Participating Employer may make Non -elective Contributions and/or Matching Contributions as specified below. Non elective Contributions and Matching Contributions that are tied to Payroll Periods (as defined in this Adoption Agreement) must be remitted to the Plan Administrator no later than 15 business days after the Payroll Period. Annual Contributions must be remitted to the Plan Administrator no later than 15 business days after the end of the Plan Year. The Participating Employer hereby elects to make Contributions as follows: ®Non -elective Contributions — Participating Employer Non -elective Contributions will be made on the following basis: 7% of employee compensation. X Matching Contributions Matching Contributions are Participating Employer Contributions that may be made to match all or a portion of a Participant's contribution to an eligible 457(b) deferred compensation plan. If the Participating Employer provides Matching Contributions, the amount of Matching Contributions made for a Participant each Plan Year will be up to 3% of such Participant's Employee Basic Compensations. SECTION 2. The City Council of the City of Cape Canaveral hereby empowers the Mayor or its appointee of the City of Cape Canaveral with the authority to execute such documents and agreements as are required to effectuate this amendment of the Plan. SECTION 3. All Resolutions or parts of resolutions, in conflict with this resolution are hereby repealed. SECTION 4. This Resolution shall be effective October 1, M ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 2nd day of January, 2007. ATTEST: Susan Stills, City clerk Apprp d as to Form: Anthony A. Garganese, City Attorney E Rocky Randels, Mayor Name For Robert Hoog X Leo Nicholas X Buzz Petsos Motion Rocky Randels X Shannon Roberts Second Against RESOLUTION NO. 2006-51 ATTACHM ENT Florida Municipal Pension Trust Fund 457(b) Deferred Compensation Plan Adoption Agreement Please tell us about the Participating Employer: _.. .. Name of GovernmentEntity Address Address Cite State Z) Individual to Receive Plan Notices Title le�hone Fax e—mailTe.............. Your Plan Administrator is: Florida League of Cities, Inc. 301 S. Bronough Street P.O. Box 1757 Tallahassee, Florida 32302 Phone: (850) 222-9684 Cyy of Cake Canaveral 105 Polk Avenue P. O. Box 326 � a Canaveral, FL 32920 e ........._��._.__��_..� e.._ .. __ .rW. anamaitt Bennett Boucher City Manager 321-868-1230 321-868-1248 Fax: (850) 222-3806 Contact: Paul Shamoun, Retirement Services Manager, PTShamounflcities.com Plan Provisions The Participating Employer will use FMPTF's § 457(b) Deferred Compensation Plan. For any Plan choice that this Adoption Agreement fails to specify, the Participating Employer is deemed to have specified the first -displayed choice. Your Plan Year is: October 1 — September 30 Payroll Periods The payroll period of the Participating Employer is: weekly bi-weekly semi-monthly monthly other [specify]: © Florida Municipal Pension Trust Fund Florida League of Cities, Inc. Florida Municipal Pension Trust Fund § 457(b) Deferred Compensation Plan Adoption Agreement RESOLUTION NO. 2006-51 ATTACHM ENT Who's eligible? Covered Departments A Participating Employer may cover all of its departments in the Plan or only those listed: All Departments ❑ Covered Departments (must specify) Any Employee from a covered department (and any natural person or independent contractor who is an elected or appointed official or officer) is eligible to make § 457(b) Plan deferrals from his or her wages or fees paid by the Participating Employer. An Employee is eligible to begin participation immediately upon enrollment into Plan by completing the required documents. Changing and Terminating this Adoption Agreement If a Participating Employer desires to amend any of its elections contained in this Adoption Agreement, the Participating Employer by official action must adopt an amendment to the Adoption Agreement or a new Adoption Agreement must be adopted and forwarded to the FMPTF for approval. This Adoption Agreement may be terminated only in accordance with the Plan. Adopting the Plan By signing below, the Participating Employer adopts the FMPTF 457(b) Deferred Compensation Plan ("Plan"). The Participating Employer acknowledges that it received a copy of the Plan. The Participating Employer shall receive copies of any Plan amendments made by the FMPTF. The Participating Employer's signer represents that he or she is a proper officer of and has authority to enter into this Adoption Agreement as an obligation of the Participating Employer. CITY OF CAPE CANAVERAL BY: Date: April 26, 2006 Rocky Randels, Mayo Accepted for the: Florida Municipal Pension Trust Fund By the Administrator: Florida League of Cities, Inc Date: Attachment 3 2023 Retirement Plan Costs Projected Plan Costs 7%non-elective: $ 216,861.58 11.0%non-elective: $ 340,782.48 3%match: $ 85,934.30 5.0%match: $ 143,223.83 Difference Total: $ 302,795.88 Total: $ 484,006.32 $ 181,210.44 FY 2023 Contribution Amounts New ER non-elective% New ER non-elective$ New Match% New ER Match amounts Contribution Date ER non-elective Percentage Bi-weekly payrol ER Match Match Amount 11.0% I% 10/10/2022 $ 7,291.56 7.0% $ 104,165.14 3.0% $ 2,859.28 11.0% $ 11,458.17 5.0% $ 4,765.47 10/25/2022 $ 8,167.98 7.0% $ 116,685.43 3.0% $ 3,189.24 11.0% $ 12,835.40 5.0% $ 5,315.40 11/8/2022 $ 8,179.58 7.0% $ 116,851.14 3.0% $ 3,193.91 11.0% $ 12,853.63 5.0% $ 5,323.18 11/22/2022 $ 8,254.54 7.0% $ 117,922.00 3.0% $ 3,211.40 11.0% $ 12,971.42 5.0% $ 5,352.33 12/6/2022 $ 7,848.50 7.0% $ 112,121.43 3.0% $ 3,095.69 11.0% $ 12,333.36 5.0% $ 5,159.48 12/20/2022 $ 8,696.64 7.0% $ 124,237.71 3.0% $ 3,468.55 11.0% $ 13,666.15 5.0% $ 5,780.92 12/30/2022 $ 7,765.67 7.0% $ 110,938.14 3.0% $ 3,021.63 11.0% $ 12,203.20 5.0% $ 5,036.05 1/17/2023 $ 7,895.40 7.0% $ 112,791.43 3.0% $ 3,048.09 11.0% $ 12,407.06 5.0% $ 5,080.15 1/31/2023 $ 7,839.40 7.0% $ 111,991.43 3.0% $ 3,038.79 11.0% $ 12,319.06 5.0% $ 5,064.65 2/14/2023 $ 8,108.04 7.0% $ 115,829.14 3.0% $ 3,151.49 11.0% $ 12,741.21 5.0% $ 5,252.48 2/28/2023 $ 8,048.25 7.0% $ 114,975.00 3.0% $ 3,129.69 11.0% $ 12,647.25 5.0% $ 5,216.15 3/14/2023 $ 8,084.64 7.0% $ 115,494.86 3.0% $ 3,142.75 11.0% $ 12,704.43 5.0% $ 5,237.92 3/28/2023 $ 8,100.65 7.0% $ 115,723.57 3.0% $ 3,275.52 11.0% $ 12,729.59 5.0% $ 5,459.20 4/11/2023 $ 8,203.72 7.0% $ 117,196.00 3.0% $ 3,279.69 11.0% $ 12,891.56 5.0% $ 5,466.15 4/25/2023 $ 8,211.57 7.0% $ 117,308.14 3.0% $ 3,280.97 11.0% $ 12,903.90 5.0% $ 5,468.28 5/9/2023 $ 8,293.38 7.0% $ 118,476.86 3.0% $ 3,315.98 11.0% $ 13,032.45 5.0% $ 5,526.63 5/23/2023 $ 8,780.52 7.0% $ 125,436.00 3.0% $ 3,524.93 11.0% $ 13,797.96 5.0% $ 5,874.88 6/5/2023 $ 8,558.90 7.0% $ 122,270.00 3.0% $ 3,429.63 11.0% $ 13,449.70 5.0% $ 5,716.05 6/16/2023 $ 8,669.35 7.0% $ 123,847.86 3.0% $ 3,469.39 11.0% $ 13,623.26 5.0% $ 5,782.32 7/5/2023 $ 8,606.42 7.0% $ 122,948.86 3.0% $ 3,448.05 11.0% $ 13,524.37 5.0% $ 5,746.75 7/18/2023 $ 8,875.31 7.0% $ 126,790.14 3.0% $ 3,549.68 11.0% $ 13,946.92 5.0% $ 5,916.13 8/1/2023 $ 8,891.91 7.0% $ 127,027.29 3.0% $ 3,570.31 11.0% $ 13,973.00 5.0% $ 5,950.52 8/15/2023 $ 8,859.22 7.0% $ 126,560.29 3.0% $ 3,556.13 11.0% $ 13,921.63 5.0% $ 5,926.88 8/29/2023 $ 8,861.73 7.0% $ 126,596.14 3.0% $ 3,557.19 11.0% $ 13,925.58 5.0% $ 5,928.65 9/12/2023 $ 8,872.78 7.0% $ 126,754.00 3.0% $ 3,561.94 11.0% $ 13,942.94 5.0% $ 5,936.57 9/26/2023 $ 8,895.92 7.0% $ 127,084.57 3.0% $ 3,564.38 11.0% $ 13,979.30 5.0% $ 5,940.63 $ 216,861.58 $ 85,934.30 $ 340,782.48 $ 143,223.83 Attachment 4 2023 Retirement Plan Costs Projected Plan Costs 7%non-elective: $ 216,861.58 9.0%non-elective: $ 278,822.03 3%match: $ 85,934.30 4.0%match: 5 114,579.07 Difference Total: $ 302,795.88 Total: $ 393,401.10 $ 90,605.22 FY 2023 Contribution Amounts New ER non-elective% New ER non-elective$ New Match% New ER Match amounts Contribution Date ER non-elective Percentage Bi-weekly payroll ER Match Match Amount 9.0% 4.0% 10/10/2022 $ 7,291.56 7.0% $ 104,165.14 3.0% $ 2,859.28 9.0% $ 9,374.86 4.0% $ 3,812.37 10/25/2022 $ 8,167.98 7.0% $ 116,685.43 3.0% $ 3,189.24 9.0% $ 10,501.69 4.0% $ 4,252.32 11/8/2022 $ 8,179.58 7.0% $ 116,851.14 3.0% $ 3,193.91 9.0% $ 10,516.60 4.0% $ 4,258.55 11/22/2022 $ 8,254.54 7.0% $ 117,922.00 3.0% $ 3,211.40 9.0% $ 10,612.98 4.0% $ 4,281.87 12/6/2022 $ 7,848.50 7.0% $ 112,121.43 3.0% $ 3,095.69 9.0% $ 10,090.93 4.0% $ 4,127.59 12/20/2022 $ 8,696.64 7.0% $ 124,237.71 3.0% $ 3,468.55 9.0% $ 11,181.39 4.0% $ 4,624.73 12/30/2022 $ 7,765.67 7.0% $ 110,938.14 3.0% $ 3,021.63 9.0% $ 9,984.43 4.0% $ 4,028.84 1/17/2023 $ 7,895.40 7.0% $ 112,791.43 3.0% $ 3,048.09 9.0% $ 10,151.23 4.0% $ 4,064.12 1/31/2023 $ 7,839.40 7.0% $ 111,991.43 3.0% $ 3,038.79 9.0% $ 10,079.23 4.0% $ 4,051.72 2/14/2023 $ 8,108.04 7.0% $ 115,829.14 3.0% $ 3,151.49 9.0% $ 10,424.62 4.0% $ 4,201.99 2/28/2023 $ 8,048.25 7.0% $ 114,975.00 3.0% $ 3,129.69 9.0% $ 10,347.75 4.0% $ 4,172.92 3/14/2023 $ 8,084.64 7.0% $ 115,494.86 3.0% $ 3,142.75 9.0% $ 10,394.54 4.0% $ 4,190.33 3/28/2023 $ 8,100.65 7.0% $ 115,723.57 3.0% $ 3,275.52 9.0% $ 10,415.12 4.0% $ 4,367.36 4/11/2023 $ 8,203.72 7.0% $ 117,196.00 3.0% $ 3,279.69 9.0% $ 10,547.64 4.0% $ 4,372.92 4/25/2023 $ 8,211.57 7.0% $ 117,308.14 3.0% $ 3,280.97 9.0% $ 10,557.73 4.0% $ 4,374.63 5/9/2023 $ 8,293.38 7.0% $ 118,476.86 3.0% $ 3,315.98 9.0% $ 10,662.92 4.0% $ 4,421.31 5/23/2023 $ 8,780.52 7.0% $ 125,436.00 3.0% $ 3,524.93 9.0% $ 11,289.24 4.0% $ 4,699.91 6/5/2023 $ 8,558.90 7.0% $ 122,270.00 3.0% $ 3,429.63 9.0% $ 11,004.30 4.0% $ 4,572.84 6/16/2023 $ 8,669.35 7.0% $ 123,847.86 3.0% $ 3,469.39 9.0% $ 11,146.31 4.0% $ 4,625.85 7/5/2023 $ 8,606.42 7.0% $ 122,948.86 3.0% $ 3,448.05 9.0% $ 11,065.40 4.0% $ 4,597.40 7/18/2023 $ 8,875.31 7.0% $ 126,790.14 3.0% $ 3,549.68 9.0% $ 11,411.11 4.0% $ 4,732.91 8/1/2023 $ 8,891.91 7.0% $ 127,027.29 3.0% $ 3,570.31 9.0% $ 11,432.46 4.0% $ 4,760.41 8/15/2023 $ 8,859.22 7.0% $ 126,560.29 3.0% $ 3,556.13 9.0% $ 11,390.43 4.0% $ 4,741.51 8/29/2023 $ 8,861.73 7.0% $ 126,596.14 3.0% $ 3,557.19 9.0% $ 11,393.65 4.0% $ 4,742.92 9/12/2023 $ 8,872.78 7.0% $ 126,754.00 3.0% $ 3,561.94 9.0% $ 11,407.86 4.0% $ 4,749.25 9/26/2023 $ 8,895.92 7.0% $ 127,084.57 3.0% $ 3,564.38 9.0% $ 11,437.61 4.0% $ 4,752.51 $ 216,861.58 $ 85,934.30 $ 278,822.03 $ 114,579.07 Attachment 5 2023 Retirement Plan Costs Projected Plan Costs 7%non-elective: $ 216,861.58 10.0%non-elective: $ 309,802.26 3%match: $ 85,934.30 3.0%match: $ 85,934.30 Difference Total: $ 302,795.88 Total: $ 395,736.56 $ 92,940.68 FY 2023 Contribution Amounts New ER non-elective% New ER non-elective$ New Match% New ER Match amounts Contribution Date ER non-elective Percentage Bi-weekly payroll ER Match Match Amount 10.0% 3.0% 10/10/2022 $ 7,291.56 7.0% $ 104,165.14 3.0% $ 2,859.28 10.0% $ 10,416.51 3.0% $ 2,859.28 10/25/2022 $ 8,167.98 7.0% $ 116,685.43 3.0% $ 3,189.24 10.0% $ 11,668.54 3.0% $ 3,189.24 11/8/2022 $ 8,179.58 7.0% $ 116,851.14 3.0% $ 3,193.91 10.0% $ 11,685.11 3.0% $ 3,193.91 11/22/2022 $ 8,254.54 7.0% $ 117,922.00 3.0% $ 3,211.40 10.0% $ 11,792.20 3.0% $ 3,211.40 12/6/2022 $ 7,848.50 7.0% $ 112,121.43 3.0% $ 3,095.69 10.0% $ 11,212.14 3.0% $ 3,095.69 12/20/2022 $ 8,696.64 7.0% $ 124,237.71 3.0% $ 3,468.55 10.0% $ 12,423.77 3.0% $ 3,468.55 12/30/2022 $ 7,765.67 7.0% $ 110,938.14 3.0% $ 3,021.63 10.0% $ 11,093.81 3.0% $ 3,021.63 1/17/2023 $ 7,895.40 7.0% $ 112,791.43 3.0% $ 3,048.09 10.0% $ 11,279.14 3.0% $ 3,048.09 1/31/2023 $ 7,839.40 7.0% $ 111,991.43 3.0% $ 3,038.79 10.0% $ 11,199.14 3.0% $ 3,038.79 2/14/2023 $ 8,108.04 7.0% $ 115,829.14 3.0% $ 3,151.49 10.0% $ 11,582.91 3.0% $ 3,151.49 2/28/2023 $ 8,048.25 7.0% $ 114,975.00 3.0% $ 3,129.69 10.0% $ 11,497.50 3.0% $ 3,129.69 3/14/2023 $ 8,084.64 7.0% $ 115,494.86 3.0% $ 3,142.75 10.0% $ 11,549.49 3.0% $ 3,142.75 3/28/2023 $ 8,100.65 7.0% $ 115,723.57 3.0% $ 3,275.52 10.0% $ 11,572.36 3.0% $ 3,275.52 4/11/2023 $ 8,203.72 7.0% $ 117,196.00 3.0% $ 3,279.69 10.0% $ 11,719.60 3.0% $ 3,279.69 4/25/2023 $ 8,211.57 7.0% $ 117,308.14 3.0% $ 3,280.97 10.0% $ 11,730.81 3.0% $ 3,280.97 5/9/2023 $ 8,293.38 7.0% $ 118,476.86 3.0% $ 3,315.98 10.0% $ 11,847.69 3.0% $ 3,315.98 5/23/2023 $ 8,780.52 7.0% $ 125,436.00 3.0% $ 3,524.93 10.0% $ 12,543.60 3.0% $ 3,524.93 6/5/2023 $ 8,558.90 7.0% $ 122,270.00 3.0% $ 3,429.63 10.0% $ 12,227.00 3.0% $ 3,429.63 6/16/2023 $ 8,669.35 7.0% $ 123,847.86 3.0% $ 3,469.39 10.0% $ 12,384.79 3.0% $ 3,469.39 7/5/2023 $ 8,606.42 7.0% $ 122,948.86 3.0% $ 3,448.05 10.0% $ 12,294.89 3.0% $ 3,448.05 7/18/2023 $ 8,875.31 7.0% $ 126,790.14 3.0% $ 3,549.68 10.0% $ 12,679.01 3.0% $ 3,549.68 8/1/2023 $ 8,891.91 7.0% $ 127,027.29 3.0% $ 3,570.31 10.0% $ 12,702.73 3.0% $ 3,570.31 8/15/2023 $ 8,859.22 7.0% $ 126,560.29 3.0% $ 3,556.13 10.0% $ 12,656.03 3.0% $ 3,556.13 8/29/2023 $ 8,861.73 7.0% $ 126,596.14 3.0% $ 3,557.19 10.0% $ 12,659.61 3.0% $ 3,557.19 9/12/2023 $ 8,872.78 7.0% $ 126,754.00 3.0% $ 3,561.94 10.0% $ 12,675.40 3.0% $ 3,561.94 9/26/2023 $ 8,895.92 7.0% $ 127,084.57 3.0% $ 3,564.38 10.0% $ 12,708.46 3.0% $ 3,564.38 $ 216,861.58 $ 85,934.30 $ 309,802.26 $ 85,934.30 Vanguard® I VIEWPOINTS Research The changing workforce environment: How employer plans can help attract and retain employees Attachment 6 March 2023 • As large numbers of retirement plan participants change jobs, employers are reevaluating their retirement plan designs to make their benefits packages more attractive to potential employees. • Employers have made it easier for employees to join plans and start saving. In 2021, 72% of plans allowed their participants to start contributing to the plan immediately upon hire, and 86% allowed for entry within three months of employment.1 • Automatic enrollment has become more popular: 56% of plans had implemented an automatic enrollment design as of 2021, and 75% of plans with at least 1,000 participants had this design. The participation rate for plans that automatically enrolled participants was 93%, compared with only 66% for plans without an automatic enrollment feature. • Recognizing the importance of employer contributions, 95% of retirement plans offered a matching contribution, a nonmatching contribution, or a combination. • Forty-one percent of retirement plans offered managed account advice, with more than 8 in 10 large plans offering these services. Overall, 74% of participants had access to in -plan advice. Authors Shelly Preston Mike Palumbo Wendy Tyson Jeffrey W. Clark 1 All data is from Vanguard, How America Saves 2022, unless otherwise noted. Introduction Since the outset of the COVID-19 pandemic, the U.S. workforce has been experiencing significant changes. In 2021, a record 47 million people voluntarily left their jobs.2 The labor market remained tight throughout 2022, and as wages increased, employees continued to test it. Employers are reevaluating their retirement plan designs to make their benefits packages more attractive to potential employees. Design changes include making it easier for employees to enroll and save in the plan and increasing employer contributions with faster vesting schedules. Additionally, in recognition that the pandemic may have put extra financial stress on their employees and in response to employee requests for guidance, more plan sponsors have begun to offer their participants financial advice. This paper examines some of the plan design options that employers can use to attract and retain talent and to help employees save effectively for retirement. Eligibility The first step in ensuring that participants have a chance to achieve retirement success is making it easy to join the plan and start saving. Over the past 10 years, the trend has been toward allowing employees to join the plan immediately to encourage them to start saving. In 2021, as shown in Figure 1, 72% of plans allowed their participants to start contributing to the plan immediately upon hire, up from 58% in 2012. In fact, 86% of plans allowed for entry within three months of employment. When participants are eligible to participate in a plan and contribute their own money, they may receive "free money" in the form of employer matching contributions. As of 2021, two-thirds of plans with a matching contribution allowed participants to receive the matching contribution within the first month of an employee's hire, up from 52% in 2012. Today, fewer than 20% of plans require an employee to wait a year before receiving a match. Planning note: Although most plan sponsors provide immediate eligibility for employer matching contributions, plan sponsors with high employee turnover may consider attaching a vesting schedule or imposing an employment on the last -day rule (for example, the last day of the quarter or year) on the employer match. Figure 1: Percentage of plans permitting immediate eligibility for employee deferrals 100% 80% 60% 40% 20% 0% 58% 61% 65% 66% 68% 2012 2013 2014 2015 2016 Vanguard, 2023. 2 U.S. Bureau of Labor Statistics. 68% 69% 69% II i 71°/a 72% 2017 2018 2019 2020 2021 2 Immediate eligibility helps encourage savings at the beginning of employment, and a last -day rule can help control employer costs. Automatic enrollment Data shows that merely offering a plan and allowing participants to decide to participate doesn't always ensure participation. In fact, the participation rate for plans without an automatic enrollment feature was only 66%, compared to 93% for plans that automatically enroll participants.3 The differences are especially pronounced when we look at the rates of different income segments. Unsurprisingly, workers with high earnings had a voluntary participation rate of 92% (98% when automatically enrolled). The participation rate in nonautomatic enrollment plans, however, was only 57% for those making between $30,000 and $49,999. With automatic enrollment, that group's participation rate jumped to 89%, an increase of more than 50%. Only one in three new employees (those with less than two years of service) voluntarily joined the plan. But with automatic enrollment, this number increased to 90%. With outcomes like these, it is not surprising that 56% of plans had implemented an automatic enrollment design as of 2021, and 75% of large plans (those with at least 1,000 participants) had this design. Planning note: Another potential benefit of automatic enrollment is its effect on the plan's annual nondiscrimination tests. Automatic enrollment, coupled with automatically increasing participants' deferral percentages each year, can raise the savings rates of non -highly compensated employees, which helps close the gap between highly and non -highly compensated employees and improves nondiscrimination testing results. In addition to increasing a plan's participation rate, automatic enrollment has dramatically improved retirement saving behaviors. Employees who work for a company that offers automatic enrollment saved nearly 50% more than employees who work for a firm with voluntary enrollment (10.9% compared to 7.3%). When a participant quits an automatic enrollment plan or fails to join a voluntary enrollment plan, it could signal a lack of commitment to the plan sponsor. Our research shows that nonparticipants were 63% more likely to leave within one year and 76% more likely to leave within three years.4 Default rates A strong default rate, with annual increases, gradually moves participants to an optimal total savings rate, typically 12%-15% or more. With employees changing jobs more frequently, plans should set an automatic enrollment default rate that is equal to or greater than the deferral level to receive the full employer match. This rate helps employees maximize the employer match benefit and save at a strong level as soon as they enter the plan. For example, assume that an employee is automatically enrolled at a 3% default rate with an automatic increase of 1% each year. A few years later the participant decides to change employment, and the new employer also defaults the employee at 3%. If this cycle continues, participants could find themselves in a perpetual state of undersaving for retirement. Consider the savings behavior of two employees who change jobs every three years and the stark differences in retirement readiness when different default rates are used. Participant A is automatically enrolled at a rate of 3% and receives an employer match of 50% on the first 6% of their deferral.5 After two years of automatic increases, Participant A reaches a total savings rate of 7.5% (5% employee deferral plus 2.5% employer match), then changes jobs and is hired at a 3% deferral rate. 3 Vanguard, HowAmerica Saves 2022. 4 Proctor, Daniel C., and Jean A. Young, 2021. Automatic Escalation and DC Saving Rates. Valley Forge, Pa.: Vanguard. 5 50% on 6% employer match is the most common matching formula across Vanguard's plans. Vanguard, How America Saves 2022. 3 Participant B has the same workforce experience (and same employer match) but is reenrolled at a rate of 6%. As Figure 2 shows, after two years of increases, Participant B saves a total of 11%. After just 10 years, Participant B has an accumulated balance nearly 70% higher than Participant A. Figure 2: Comparing 3% and 6% defaults 2 3 4 5 6 Year Participant B 6% default 1% automatic increase 7 8 9 10 Participant A Vanguard, 2023. 3% default 1% automatic increase Notes: Participants A and B change jobs every three years and are automatically enrolled at either 3% or 6%. They are automatically increased and receive an employer match of 50% on 6% in each scenario. They have a starting salary of $50,000 with wage increases of 2% annually and a 4% real return. Automatic enrollment serves as a widely successful design using the power of inertia to the participants' benefit. As employees increasingly change jobs, making it easy to save early becomes even more critical. The ability to start saving on day one will dramatically enhance participants' ability to retire comfortably. Employer contributions As employers focus on attracting and retaining talented employees, many firms are evaluating their overall benefits offer. Because employer contributions are a component of a total compensation package, employers are increasingly benchmarking their retirement benefits and ensuring that they are within range of what similar companies offer employees. In addition to providing future retirement benefits, generous employer contributions can help employees feel that their company is caring for and prioritizing their future well-being. Employer contributions can also offer employers tax savings because they are tax-deductible. In recognition of the importance of employer contributions, 95% of retirement plans offered a matching contribution, a nonmatching contribution, or a combination. Eighty-five percent of plans offered an employer matching contribution, and 46% of plans offered a nonmatching contribution. More than a third (36%) of plans offered both types of employer contributions. Participants deferred an average of 7.3% of their income, so employer contributions are necessary to help employees reach optimal total saving rates. Employer contributions make up about 40% of total retirement savings and can help workers save for retirement in two ways. First, when employer contributions are more generous, employees may find it easier to reach optimal total savings rates. In addition, employer contributions help higher paid workers save more for retirement because the employer contribution limits are separate from the regulatory limits on employee pretax and/or Roth contributions. Absent an employer contribution, participants who earn $250,000 would only be able to save about 9% of their pay due to the 402(g) elective deferral limit ($22,500 in 2023), which is probably not enough for retirement sufficiency. However, if they also received an employer match of 4%-5% in addition to the 9% deferral, they would be close to an optimal savings rate. The average employer match value in 2021 was 4.4% of pay, and the average nonmatching value was 5.1%. Employer contributions averaged in the 4% to 5% range, but their values can vary signifi- cantly. For example, 18% of plans had an employer match value of 6% or more, and 15% of plans had a value of less than 3%. Employer contributions can vary greatly across companies and industries. Figure 3 shows employer contributions offered by industry and the median values of employer matching and nonmatching contributions. 4 Figure 3: Employer contributions by industry Employer Employer Both match No employer Median employer Median employer Industry match only nonmatch only &nonmatch contribution match value nonmatch value Ambulatory health care 28% 31% 34% 7% 4.0% 6.1% Architecture&engineering 66% 9% 25% 0% 3.3% 5.0% Construction 59% 0% 37% 4% 3.0% 5.9% Finance 39% 14% 45% 2% 4.0% 5.0% Information 51% 10% 26% 13% 3.3% 2.7% Insurance 34% 7% 59% 0% 4.0% 4.0% Legal services 18% 36% 34% 11% 3.0% 6.5% Manufacturing 47% 5% 45% 3% 4.0% 3.4% Mining,quarrying,&oil and gas extraction 50% 6% 44% 0% 6.0% 4.5% Retail trade 77% 4% 19% 0% 4.4% 1.9% Technology 57% 5% 34% 3% 4.0% 4.1% Transportation and warehousing 48% 13% 38% 3% 4.0% 4.1% Unions 45% 13% 40% 2% 3.0% 2.8% Utilities 48% 0% 43% 9% 4.0% 3.9% Wholesale trade 70% 5% 22% 3% 3.8% 4.5% All plans 49% 10% 36% 5% 4.0% 4.2% Vanguard,HowAmerica Saves 2022. Vesting In the past, to mitigate the cost of employer contributions and to encourage employees not to leave their employment, employers attached vesting schedules to matching and nonmatching contributions. But with employees now changing jobs more frequently and the talent pool becoming more competitive, prospective employees can see a lengthy vesting schedule as a detriment. As of 2021, almost half (49%) of plan sponsors offered immediate vesting for matching contributions, and only one quarter of all plans had a five- or six -year vesting schedule for matching contributions. While employers have accelerated vesting, non matching contributions are more likely to have longer vesting schedules. Forty percent of plans had immediate vesting for nonelective contributions, with 34% having a five- or six -year vesting schedule. Planning note: Although employees are leaving jobs at high rates, many are also returning to their former employers. These "boomerang employees" can present special challenges for plan sponsors. For example, unless a plan document contains a break -in-service rule for participants, the plan must account for all of an employee's years of service with an employer. In determining the vested percentage of the participant's account balance attributable to contributions allocated before a break in service, plan documents may include a five-year break -in-service rule by which the plan can disregard years of service completed after a participant has five consecutive one-year breaks when determining the vested percentage of the pre -break account balance. Auto portability As millions of employees change jobs, leakage from the retirement system -the spending of plan savings before retirement -is a concern for the future retirement security of participants. Currently, defined contribution plan rules permit sponsors to cash out a terminated participant's low balance (if under $1,000) or transfer it to a 5 safe harbor individual retirement account (IRA) (if under $5,000). When this occurs, participants often do not transfer these savings to their new plan or tax -advantaged vehicle, resulting in stranded small -balance IRAs and potential participant forfeiture of future savings and returns. Retirement leakage can be reduced by moving participants' small -balance retirement savings to their new employer plans. Auto portability seeks to minimize lost or abandoned retirement savings by automatically searching for and transferring participants' small -balance accounts to their new employer plans. It is similar to other automatic default provisions in that it defines a default that, without an action from the participant, takes the action most likely to benefit the participant's retirement outcome. Specifically, auto portability makes 401(k) portability a new plan distribution default for all balances less than $5,000, automatically moving a terminated participant's account from a former employer's retirement plan to an active account at a new employer's plan when the participant changes jobs. Auto portability can lower plan administration expenses and burdens for plan sponsors, a benefit achieved through both a reduction in the number of small, inactive accounts and an increase in active account balances as auto portability transfers new employees' savings to their current employer plans. Expenses are also reduced as the incidence of lost and missing accounts and uncashed checks is mitigated. Planning note: Participants can be advantaged by staying in an employer's plan through retirement because they can benefit from fiduciary oversight, institutional pricing, and the availability of cost-effective financial advice. As employers enhance their plans to accommodate retirees, they may want to consider allowing all participants (including terminated, deferred participants) to roll money into the plan. 6 Vanguard, 2021. 7 Vanguard, Assessing the value of advice, September 2019. The value of advice Competitive retirement benefits offer a broad array of solutions to help employees address their financial challenges. Plan sponsors are increasingly choosing to offer in -plan advice services to help participants invest, plan, and balance competing goals. Forty-one percent of retirement plans offered managed account advice, with more than 8 in 10 large plans offering these services. Overall, 74% of participants had access to in -plan advice.6 Some plan sponsors express concern about the legal consequences of offering advice programs, but the Pension Protection Act of 2006 (PPA) and related Department of Labor (DOL) guidance supports advice programs. Under PPA, the plan sponsor (or other plan fiduciary) is subject to general fiduciary requirements on the prudent selection and periodic review of the advice provider but does not have fiduciary responsibility under the Employee Retirement Income Security Act of 1974 (ERISA) to monitor the specific advice given by the affiliated advisor to participants. As more plans adopt advice, more participants are taking advantage of its benefits. Vanguard research has found that participant investment advice provides meaningful portfolio, financial, and emotional value to participants. Advice can help investors prioritize their financial goals, then help improve their chances of reaching them. One 2019 study found that 8 in 10 advised investors with a retirement goal had an 80% or greater probability of achieving their objective.' Financial wellness Strong plan designs help participants achieve optimal saving and investment behaviors, but financial challenges can hinder participants' ability to save for retirement. Many participants have questions about managing debt or saving for an emergency, and these types of financial wellness concerns should be addressed so that participants can save sufficiently for retirement. 6 In a survey, 63% of Americans polled said they have been living paycheck to paycheck since the pandemic started.8 In addition, 56% couldn't cover an unexpected $1,000 bill 9 and over 70% ranked finances as their number one source of stress.10 Financial well-being means the ability to meet today's financial needs while continuing to build toward long-term retirement goals. It's also the feeling of optimism that employees experience when they understand their finances and are confident in their ability to pay bills, weather financial shocks, and live the lives they love today without jeopardizing their long-term security. Plan sponsors are increasingly focused on delivering integrated financial wellness programs that meet participants' needs, surrounding them with the tools, education, and services that will guide them to better outcomes and financial well-being. These integrated experiences support participants as they get their finances under control, protect against the unexpected, and make progress toward their retirement goals. After all, improving employees' overall financial wellness is the top priority for 401(k) plan sponsors." Conclusion A strong, participant -focused retirement plan can be a differentiator for employers interested in attracting and retaining talent. As the post - pandemic workforce shifts, data can help inform plan design choices such as eligibility, employer contributions, automatic solutions, and the availability of participant financial advice. An effective plan design may attract talent while also serving as a powerful tool to help employees save for their future. Among the most popular and effective retirement plan features are these: • The trend has been toward allowing employees to join the plan immediately to encourage them to start saving. In 2021, 72% of plans allowed their participants to start contributing to the plan immediately upon hire. • The participation rate for plans with an automatic enrollment feature was significantly higher than the rate for plans without automatic enrollment. • A strong default rate, with annual increases, gradually moves participants to a total savings rate of 12%-15% or more. Plans should set an automatic enrollment default rate that is equal to or greater than the deferral level to receive the full employer match. • Generous employer contributions, in addition to providing retirement benefits, can help employees feel that their company is caring for and prioritizing their future well-being. Tax- deductible employer contributions can also offer employers tax savings. • With employees changing jobs more frequently and the talent pool becoming more competitive, prospective employees can see a lengthy vesting schedule as a detriment. Almost half of plan sponsors offered immediate vesting for matching contributions. • Auto portability seeks to minimize lost or abandoned retirement savings by automatically searching for and transferring participants' small -balance accounts to their new employer plans. • Plan sponsors are increasingly offering in -plan advice services to help participants invest, plan, and balance competing goals. • Plan sponsors are also focused on delivering integrated financial wellness programs that meet participants' needs, surrounding them with the tools, education, and services that will guide them to better outcomes and financial well-being. These integrated experiences support participants as they get their finances under control, protect against the unexpected, and make progress toward their retirement goals. 8 Spending Habits During COVID-19 Survey. Highland, November 2020. 9 Survey: Less than half of Americans have savings to cover a $1,000 surprise expense, Bankrate, January 2022. 10 Capital one CreditWise survey, 2021. 11 The Cerulli Report, U.S. Retirement Markets, 2021. 7 Connect with Vanguard° • institutional.vanguard.com Vanguard® © 2023 The Vanguard Group, Inc. All rights reserved. All investing is subject to risk, including the possible loss of the money you invest. 220311.0403202023 Attachment 7 RESOLUTION NO. 2024-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING THE DEFINED CONTRIBUTION RETIREMENT PLAN FOR THE GENERAL EMPLOYEES OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral established a Retirement Plan and Trust for the City of Cape Canaveral's employees pursuant to Resolution No. 01-27; and WHEREAS, the Retirement Plan and Trust agreement was executed on September 18, 2001; and WHEREAS, the Plan and Trust authorizes the City Council to amend the Plan and Trust, in whole or in part, either retroactively or prospectively, by delivering to the Trustee a written amendment in accordance with the limitations set out in that section; and WHEREAS, the City Council desires to amend the Plan and Trust to change the employer non -elective contribution rate for all participating employees from 7% to 11 %, and increasing the employer match from a 100% match of participant contributions to the 457(b) plan with a maximum of 3% of participant contributions to a maximum of 5% of participant contributions; and WHEREAS, the City Council desires to amend the Plan and Trust to change the vesting schedule to provide for immediate vesting. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. The City Council of Cape Canaveral, Florida, in its capacity as the Trustee of the Retirement Plan and Trust for the employees of Cape Canaveral hereby approves the changes as set out forth below, with additions to the Plan and Trust indicated by underlining (underliningl and deletions by strike through (stricken through). PARTICIPATING EMPLOYER CONTRIBUTIONS A Participating Employer may make Non -elective Contributions and/or Matching Contributions as specified below. Non -elective Contributions and Matching Contributions that are tied to Payroll Periods (as defined in this Adoption Agreement) must be remitted to the Plan Administrator no later than 15 business days after the Payroll Period. Annual Contributions must be remitted to the Plan Administrator no later than 15 business days after the end of the Plan Year. A Participating Employer may establish different classes of Employees for contribution purposes in this Adoption Agreement. The Participating Employer hereby elects to make Contributions as follows (choose one or both as applicable): City of Cape Canaveral Resolution No. 2024-02 Page 1 of 3 ® Non -elective Contributions — Participating Employer Non -elective Contributions will be made on the following basis (must specify): 11 % employer contribution ® Matching Contributions Matching Contributions are Participating Employer Contributions that may be made to match all or a portion of a Participant's contribution to an eligible 457(b) deferred compensation plan (Employee Basic Contributions). If the Participating Employer provides Matching Contributions, the amount of Matching Contributions made for a Participant each Plan Year will be (choose only one): 100% match, up to % of such Participant's Employee Contributions. ® 100% of the Participant's Employee Basic Contributions, which cannot exceed 5% of the Participant's Compensation. Other formula (requires approval from the FMPTF) A Participant becomes Vested in his or her Employer Non -elective Contributions Account and Employer Matching Contributions Account according to: ® Immediate vesting The schedule marked below: Years of Vesting 1 2 3 4 5 6 7 8 9 10 Service *** *** *** *** *** *** *** *** *** *** Section 2. The City Council of Cape Canaveral hereby empowers the Mayor, or the Mayor Pro Tem in the absence or unavailability of the Mayor, the authority to execute such documents and agreements as are required to effectuate this amendment of the Plan. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent City of Cape Canaveral Resolution No. 2024-02 Page 2 of 3 jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective October 13, 2024, after adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 21st day of May, 2024. ATTEST: Mia Goforth, CMC, City Clerk Wes Morrison, Mayor Name FOR AGAINST Kim Davis Kay Jackson Mickie Kellum Wes Morrison Don Willis Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2024-02 Page 3 of 3 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MAY 21, 2024 AGENDA ITEM SUMMARY • ITEM # 7 Subject: Discussion regarding Resolution No. 2022-28 Submitted to: City Council Summary: With a change in Council, I would like to discuss Resolution No. 2022-28 to inform and remind Council of the items in the Resolution. After the discussion council will need to address if we are in fact following the Resolution, if we want to continue following the Resolution, and does Council want to make any revisions to the Resolution. Submitting Council Member: Kim Davis Attachment: Resolution No. 2022-28 RESOLUTION NO. 2022-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; SUPPLEMENTING THE CITY COUNCIL RULES OF PROCEDURE TO PROVIDE METHODS TO ASSIST THE CITY COUNCIL WITH CONDUCTING SHORTER AND MORE EFFICIENT/EFFECTIVE MEETINGS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Section 2.11(b), City Charter, states "the city council shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal shall be a public record"; and WHEREAS, Section 2-28(1), City Code, states: "I will abide by all laws of the state applicable to my conduct as a councilmember, including, but not limited to, the Government in the Sunshine Law, the Florida Code of Ethics for Public Officers, and city rules of procedure and codes of conduct.'; and WHEREAS, at its Workshop Meeting on September 6, 2022, City Council reached consensus that time management is key to holding shorter, more efficient/effective meetings; to be effective, Mayor/Chairperson, Council Members, City Manager and City Attorney will need to take a more active role in acknowledging and holding each other accountable for time management practices; in many cases, applying the already established Robert's Rules of Order and the Code of Conduct (Sec. 2-28) will greatly reduce the length of meetings; and for Staff to prepare a Draft Rules of Procedure for Council to review, submit revisions, then bring back to a Council Meeting for action; and WHEREAS, in response, Staff prepared the attached Exhibit "A" in order to synthesize the City Council feedback from the September 6, 2022 Workshop Meeting. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Procedures and Methods. The City Council hereby supports and adopts the supplemental rules of procedure attached hereto and incorporated herein as Exhibit "A," to provide methods to assist the City Council with conducting shorter and more efficient/effective meetings. Section 3. Adherence to Section 2-28, City Code. City Council reaffirms its commitment to abide by Section 2-28(1), City Code, Code of Conduct, which states: City of Cape Canaveral Resolution No. 2022-28 Page 1 of 2 "I will abide by all laws of the state applicable to my conduct as a councilmember, including, but not limited to, the Government in the Sunshine Law, the Florida Code of Ethics for Public Officers, and city rules of procedure and codes of conduct." Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 20th day of December 2022. Wes Morrison, Mayor Name FOR AGAINST Kim Davis x Mickie Kellum Second Wes Morrison x Angela Raymond Mc)t i cyn Don Willis Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2022-28 Page 2of2 Resolution No. 2022-28 Exhibit A City of Cape Canaveral Rules of Procedure for Managing Shorter, Efficient/Effective Meetings 1. Know the Type and Purpose of the Meeting and be Prepared Council Meetings are Regular, Special and Workshop Meetings. Regular and Special Meetings are where business items are presented and acted upon efficiently, in a businesslike and orderly manner, following parliamentary guidelines with appropriate people in attendance. Regular Meetings require one -week prior Notice and Special Meetings require 24-hour Notice (excluding Emergency Meetings). Workshop Meetings are informal discussions about City business. However, parliamentary guidelines still apply. If, during discussion of any given topic at a Regular Meeting, it is determined that the topic could benefit from a workshop and/or reduce the length of time it would take in a Regular Meeting, the Council may make a Motion (or reach consensus) to stop discussion and schedule a Workshop Meeting at a future date. For convenience, City Council may opt to hold subsequent Workshop Meetings on the same day as a Regular Meeting. Workshop Meetings require 24-hour advance notice. All meetings are open to the public. Minutes are taken at each of these meetings. Staff Members such as the City Manager and City Attorney should attend Regular and Special Meetings. See Division 3. Meetings in the City Code. Application: Knowledge and preparation of the meeting topics is key in limiting discussion time. Although not a substitute for independent Council Member research and study, the City Manager helps to facilitate by meeting one-on-one with Council Members and is available to answer questions as needed. 2. Deviation from Set Agenda Time management is key to shorter effective/efficient meetings; holding each other accountable to reduce lengthy discussion is a responsibility of each Council Member. Unless the Council formally approves a critical, unscheduled add -on item, there should be no deviation from the Agenda. Times listed on the Agenda are a guideline, and therefore may change depending on the topic(s). The Consent Agenda is intended to handle a number of routine items as an efficiency. Pulling topics from Consent Agenda for minimal discussion can add time to the meeting. 1 Resolution No. 2022-28 Exhibit A Application: Purposefully use the "Approval of the Agenda" section at the beginning of each Regular City Council Meeting to approve or amend the agenda. Additionally, avoid pulling items from the Consent Agenda without productive intent. 3. Public Participation/Comment and Managing Large Attendance During the Public Participation portion of the City Council meeting agenda, Council should not feel compelled to respond to public comments and/or answer questions directed to them from the lectern. This is a "receive only" part of the Council Meeting. During Public Comment for all other applicable agenda items, Council may respond to public comments and/or answer questions directed to them from the lectern. Audience members must use the lectern microphone to speak, to ensure their voice is heard/recorded accurately in the minutes. The timer will be used to maintain efficiency. Application: The Mayor/Chair has the responsibility to acknowledge, facilitate, and manage public participation/comments. The following options are available for managing large attendance/number of comments: • Determine if multiple people share the same opinion and request that they delegate one representative to speak for their group at the lectern. • Request that speakers who share the same opinion as previous speakers not repeat comments, bringing new thoughts and ideas forward. The Mayor/Chair may request Council consensus to adjust the timer to accommodate for larger attendance/number of comments/topics. The Mayor/Chair has the ability to direct the muting of the lectern microphone if speaker continues to speak after allotted time expires. If a Council Member is aware that a larger than normal attendance is expected, please give Staff prior notice so they may: a) Plan for a larger number of speaker cards/pens/Agendas, etc. b) Adjust Staff seating/parking to accommodate for a larger number of attendees. c) Coordinate lobby AV equipment/technology for an overflow crowd. 4. Decisiveness After discussion, Council should provide clear, well -stated direction to move the item forward efficiently. 2 Resolution No. 2022-28 Exhibit A Application: Indecisiveness creates unclear direction, causes confusion, and can result in a negative financial impact (unnecessarily missed deadlines, redirection of Staff time and efforts). 5. Motions Motions should always be clear and concise. Look to the City Manager's recommendation section on the Agenda Cover for suggested wording. Application: Making a clear/concise motion ensures recording of consistent, accurate Minutes, which will help to make the Council's intentions clear for all in attendance as well as future readers of the City's official permanent record. 6. More Information Needed If Council finds that it cannot move further on an agenda item because of questions that cannot be answered at the time of the meeting and/or needs additional information before being able to vote on an Agenda Item, Council has two options: a) Move to request the item return to Council at a future meeting with more information/answers on the topic. Once the Motion carries, no further discussion on the topic should take place. b) Move to schedule a Workshop Meeting to discuss the topic. Once the Motion carries, no further discussion on the topic should take place. Application: If it becomes evident that an item cannot move any further during the current meeting, approve a Motion, using the appropriate course of action, and move on to the next item. At this point, there is no point in continuing any additional discussion. 7. Late -revealed Critical Information Council Members having knowledge of critical information (i.e. new, unexpected, unanticipated, and/or very important information) should make every effort to ensure this information is communicated to the City Manager well before the Council Meeting. Timely disclosure of critical information ensures the City Manager and/or Staff can evaluate the information, research the topic and advise others as needed prior to the meeting. Having prior knowledge also allows City Manager/Staff to invite subject experts to the meeting and be better prepared to discuss these topics with Council. When critical information is late -revealed during a Council meeting that should have been brought up beforehand with Staff, it can: 3 Resolution No. 2022-28 Exhibit A a) give the impression of not being transparent b) leave the City Manager unprepared to have an individual present to respond to late - revealed information c) delay responses to a future meeting d) leave the City Manager/Staff and Council at a disadvantage e) lead to Council and Staff feeling undermined f) erode Public Trust Application: Support full transparency and foster Public Trust by providing critical information prior to the meeting. This will ensure that: • the City Manager is prepared with appropriate answers, information, and appropriate individuals are present to respond at Council meetings • City Manager/Staff and Council are not undermined or placed at a disadvantage during a Public meeting 8. The Floor Proper decorum requires that Council Members respect the speaker who has the floor and allow them to speak their thoughts completely. Interruptions can cause the speaker to lose train of thought and repeat themselves in order to reinforce that their statement is heard. Application: A speaker who has been recognized by the Mayor/Chair should not be interrupted unless it is to invoke a point of order. 9. Discussions/Ending Discussions Council Members should be mindful and respectful of all in attendance and should avoid time- consuming and unproductive dialogue. Re -stating the same information, repeatedly, impairs the audience's level of engagement, may cause frustrated audience members to leave early and, at worst, can provoke disorderly behavior. Council Members are free to express their individual opinions and be persuasive, but without attempting to wear -down previously stated positions, as this behavior can be considered bullying, threatens decorum and extends the length of meetings. Robert's Rules of Order can be invoked to "Call the Question" during Council discussion/debate. When "Call the Question" is used to end discussion, it must be properly executed. Application: (from Roberts Rules of Order) "Any member who wishes to force an end to debate must first obtain the floor by being duly recognized to speak by the chair, and must then move the Previous Question. Such a motion must be seconded, and then adopted by a two-thirds vote (4 out of 5), or by unanimous consent. No further discussion on the topic is to take place." 4 Resolution No. 2022-28 Exhibit A 10. "Information Only" Topics Items located in the "Information Only" section of the Agenda are not for discussion. Application: Unless the agenda has been so amended under the "Approval of the Agenda" section, Council Members should refrain from dialogue on "Information Only" items. 11. Acceptance Individual current Council Members should accept actions taken by the Body. Council Members may disagree with those actions, past or present, but once a vote carries, it should be respected. Application: Although new ideas can emerge in time, formal decisions are final and further debate is unproductive. The concept equally applies to volunteer Advisory Boards. Council has the option to accept, modify or reject Board recommendations; however, Council should trust that the Boards have done their due diligence and accept their efforts. 5 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MAY 21, 2024 AGENDA ITEM SUMMARY • ITEM # 8 Subject: Discuss possible changes to permitting due to hardship on condos during insuring process. Roof Recoating Investigation, Scarification Department: City Council Summary: Discuss and consider action to change permitting process for coating flat roofs and scarification. Submitting Council Member: Kay Jackson Attachments: None CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MAY 21, 2024 AGENDA ITEM SUMMARY • ITEM # 9 Subject: Attendance to the State of Florida's Training for Emergency Management Symposium Leading from the Trenches. Department: City Council Summary: Discuss and consider action to have a security training related meeting covering these topics for council upon my return from the symposium. Submitting Council Member: Kay Jackson Attachments: None ITEM # 10 City of Cape Canaveral John DeLeo, Administrative/Financial Director P.O. Box 326 Cape Canaveral, FL 32920 (321) 868-1230 (321) 868-1248 fax j.deleo@cityofcapecanaveral.org Memo TO: The Honorable Mayor and Members of the City Council VIA: Todd Morley, City Manager FROM: John DeLeo, Administrative/Financial Services Director DATE: April 23, 2024 RE: Monthly Financial Report— March 2024 Staff is pleased to present the Monthly Financial Report for the period ending March 31, 2024. At this point in the Fiscal Year, the Year -to -Date Actuals should be 50% of the total annual budget. Total General Fund Departmental costs are 6.2% above target. Administrative Services is running below target at 42.4%. Community Development/Code Enforcement/Economic Development is under target at 42.5%. Building Department is under target at 38.4%. Protective Services are over target by 6.2%. Fire Rescue is running above target by 7.3%. Parks Recreation/Community Affairs is 1.1 above target. Non -Departmental expenditures are above budgetary projections by 20.9%. The Community Redevelopment Agency (CRA) has incurred $1,076,802 of expenses for the current Fiscal Year. Wastewater Fund overall costs are under target at 38.9%. The Stormwater Fund is under target cost at 17.6%. The City's General Fund investments total $9,186,215.10; Special Revenue investments total $1,566,192.52; and Enterprise Fund investments total $1,102,994.18. The Grand total of all investments is $11,855,401.80. 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 March 31, 2024 Revenue (6th month of fiscal year = 50%) Ad Valorem Tax To date, the City has received 91.5% 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 - January and accruals for February and March. This is below target at 42.9%. Franchise Fees, Utility Service Taxes and Communications Service Tax This amount represents some actuals for October - March and some accruals for February and March. These are on target at 50%. Permits and Licenses Permits and Licenses are above target at 61.1%. This will see greatest revenue in August/September when the BTR renewals are mailed out. State Shared Revenues These revenues are slightly below target at 48.8%. This amount represents some actuals for October -March, 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 through February and an accrual for March. These are above target at 58.3%. Recreation Fees (Leisure Services) Recreation Fees are below target at 37.1 %. Investment Income Investment Income is above target at 71.8%. 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 through February and an accrual for March. It is below target at 44.2%. Stormwater Utility Fees (Stormwater Fund) This amount represents actual collections for October through February and an accrual for March. It is on target at 49.6%. City of Cape Canaveral Statement of Revenues&Expenditures Period Ended March 31,2024 AIIL GENERAL FUND FY 2023-2024 Mar 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 5,446,700 2,362,580 43.4% 2,723,350 Cash Forward- R&R 200,000 0.0% 100,000 Ad Valorem Taxes 6,260,562 5,729,156 91.5% 3,130,281 Local Option Gas Tax 358,000 153,484 42.9% 179,000 Franchise Fees 985,500 492,739 50.0% 492,750 Utility Taxes 1,376,750 748,322 54.4% 688,375 Communications Service Tax 424,000 203,109 47.9% 212,000 Permits&Licenses 678,475 414,451 61.1% 339,238 Federal Grants 956,500 0.0% 478,250 State Grants 75,000 0.0% 37,500 State Shared Revenue 1,112,700 542,814 48.8% 556,350 Local Shared Revenue 134,875 0.0% 67,438 Charges for Services 106,868 12,615 11.8% 53,434 Garbage&Recycling Revenue 1,514,195 882,185 58.3% 757,098 Recreation Fees 307,700 114,149 37.1% 153,850 Fines&Forfeitures 18,350 2,943 16.0% 9,175 Interest Income 249,450 179,067 71.8% 124,725 Fire Hydrant Rental Fee 89,950 36,376 40.4% 44,975 Miscellaneous Revenue 50,500 36,127 71.5% 25,250 PAL Program Revenue 25,000 36,938 147.8% 12,500 Transfer from School Guard Crossing Fund 2,100 0.0% 1,050 Transfer from CRA Fund 1,114,173 786,815 70.6% 557,087 Contribution from Wastewater Fund 847,564 423,782 50.0% 423,782 Contribution from Stormwater Fund 19,566 9,783 50.0% 9,783 TOTAL REVENUES 22,354,478 13,167,435 58.9% 11,177,239 EXPENDITURE Legislative 93,077 38,464 41.3% 46,539 Administrative Services 642,011 272,265 42.4% 321,006 Comm Dev/Code Enf/Econ Development 769,216 326,548 42.5% 384,608 Protective Services 3,796,947 2,133,263 56.2% 1,898,474 Fire/Rescue Services 2,611,690 1,497,743 57.3% 1,305,845 Building 493,744 189,379 38.4% 246,872 Infrastructure Maintenance 1,908,396 495,016 25.9% 954,198 Resiliency Division 1,017,444 486,389 47.8% 508,722 Parks Recreation +Community Affairs 2,329,353 1,190,349 51.1% 1,164,677 Legal Services 319,476 105,279 33.0% 159,738 Solid Waste 1,518,000 746,825 49.2% 759,000 Debt Service 1,420,143 1,392,785 98.1% 710,072 Non-Departmental 5,205,912 3,693,130 70.9% 2,602,956 Contingency 229,069 0.0% 114,535 TOTAL EXPENDITURES 22,354,478 12,567,435 56.2% 11,177,239 Excess of Revenues Over/(Under) Expenditures 600,000 Page 1 of 7 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended March 31,2024 POLICE EDUCATION FUND FY 2022-2023 Mar 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Police Education Income 1,140 437 38.3% 570 Interest Income 204 152 74.3% 102 TOTAL REVENUES 1,344 588 43.8% 672 EXPENDITURE Education&Training - - Contingency 1,344 0.0% 672 TOTAL EXPENDITURES 1,344 - 0.0% 672 Excess of Revenues Over/(Under) Expenditures 588 FIRE PROTECTION FUND FY 2022-2023 Mar 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward R&R - - Interest Income 540 0.0% 270 TOTAL REVENUES 540 - 0.0% 270 EXPENDITURE Contingency 540 0.0% 270 TOTAL EXPENDITURES 540 - 0.0% 270 Excess of Revenues Over/(Under) Expenditures - Page 2 of 7 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended March 31,2024 SCHOOL CROSSING GUARD FUND FY 2022-2023 Mar 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 1,400 0.0% 700 Parking Fine Surcharge 700 180 25.7% 350 TOTAL REVENUES 2,100 180 8.6% 1,050 EXPENDITURE Transfer to General Fund 2,100 0.0% 1,050 Contingency - 0.0% - TOTAL EXPENDITURES 2,100 - 0.0% 1,050 Excess of Revenues Over/(Under) Expenditures 180 LIBRARY FUND FY 2022-2023 Mar 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Ad Valorem Taxes 78,019 71,479 91.6% 39,010 Interest Income 5,400 4,407 81.6% 2,700 TOTAL REVENUES 83,419 75,886 91.0% 41,710 EXPENDITURE Operating Expenses 34,475 38,208 110.8% 17,238 Capital Purchases 30,000 11,336 37.8% 15,000 Contingency 18,944 5,000 26.4% 9,472 TOTAL EXPENDITURES 83,419 54,544 65.4% 41,710 Excess of Revenues Over/(Under) Expenditures 21,341 Page 3 of 7 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended March 31,2024 CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY FY 2022-2023 Mar 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward Shared Revenue from Cape Canaveral 1,383,417 1,383,417 100.0% 691,709 Shared Revenue from Brevard County 1,217,800 1,217,800 100.0% 608,900 Interest Income 2,500 2,977 119.1% 1,250 Transfer from General Fund 150,000 75,000 50.0% 75,000 TOTAL REVENUES 2,753,717 2,679,194 97.3% 1,376,859 EXPENDITURE Operating Expenses 157,215 20,085 12.8% 78,608 Capital Purchases 728,000 217,579 29.9% 364,000 Debt Service 866,496 839,138 96.8% 433,248 Transfer to General Fund 300,000 0.0% 150,000 Contingency 702,006 0.0% 351,003 TOTAL EXPENDITURES 2,753,717 1,076,802 39.1% 1,376,859 Excess of Revenues Over/(Under) Expenditures 1,602,392 Page 4 of 7 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended March 31,2024 IMPACT FEES FUND FY 2022-2023 Mar 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Interest from Investment - 8,725 0.0% - Impact Fees- Police 19,250 20,270 105.3% 9,625 Impact Fees- Fire/Rescue 3,376 3,631 107.5% 1,688 Impact Fees-Transportation 0.0% - Impact Fees- Parks/Recreation 22,700 23,945 105.5% 11,350 Impact Fees-General Government 15,850 16,702 105.4% 7,925 Impact Fees-Aerial Fire Truck 9,520 9,901 104.0% 4,760 Impact Fees- Library 12,000 12,645 105.4% 6,000 Transfer in from General Fund 499,028 0.0% - TOTAL REVENUES 82,696 594,847 719.3% 41,348 EXPENDITURE Contingency 82,696 0.0% 41,348 TOTAL EXPENDITURES 82,696 - 0.0% 41,348 Excess of Revenues Over/(Under) Expenditures 594,847 iMillik LAW ENFORCEMENT TRUST FUND FY 2022-2023 Mar 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Interest-State 40 22 54.4% 20 Transfer from General Fund 11,073 5,537 50.0% 5,537 TOTAL REVENUES 11,113 5,559 50.0% 5,557 EXPENDITURE School Resource Officer 11,113 0.0% 5,557 TOTAL EXPENDITURES 11,113 - 0.0% 5,557 Excess of Revenues Over/(Under) Expenditures 5,559 Page 5 of 7 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended March 31,2024 WASTEWATER ENTERPRISE FUND FY 2022-2023 Mar 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 300,000 0.0% 150,000 Federal Grant 127,500 0.0% 63,750 Utility Operating Income 5,519,082 2,441,691 44.2% 2,759,541 Utility Penalty Income 70,000 33,962 48.5% 35,000 Sewer Assessment Fees 84,000 90,370 107.6% 42,000 Reuse Hook-Up Fees 2,925 0.0% 1,463 Reclaimed Water Revenue 91,650 46,231 50.4% 45,825 Investment Income 7,200 8,279 115.0% 3,600 Sale of Fixed Assets 500 0.0% 250 Transfer from General Fund 1,400,000 700,000 50.0% 700,000 Transfer from CRA Fund 52,323 52,323 100.0% 26,162 SRF Loan Proceeds 1,320,000 139,604 10.6% 660,000 Miscellaneous Income 2,000 2,318 115.9% 1,000 Insurance Claims 114,882 0.0% - TOTAL REVENUES 8,977,180 3,629,661 40.4% 4,488,590 EXPENDITURE Personal Services 1,970,298 970,113 49.2% 985,149 Operating Expenses 1,658,749 676,384 40.8% 829,375 Debt Service 710,040 379,544 53.5% 355,020 Capital Purchases 3,747,500 998,858 26.7% 1,873,750 Insurance Claims 47,910 0.0% - Contribution to General Fund 847,564 423,782 50.0% 423,782 Contingency 43,029 0.0% 21,515 TOTAL EXPENSES 8,977,180 3,496,592 38.9% 4,488,590 Excess of Revenues Over/(Under) Expenses 133,069 Page 6 of 7 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended March 31,2024 STORMWATER ENTERPRISE FUND FY 2022-2023 Mar 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 301,500 0.0% 150,750 Grants 580,000 0.0% 290,000 Stormwater Utility Fees 1,087,800 540,002 49.6% 543,900 Miscellaneous Income 666 0.0% - Investment Income 4,500 5,288 117.5% 2,250 Transfer from General Fund 917,500 458,750 0.0% 458,750 TOTAL REVENUES 2,891,300 1,004,705 34.7% 1,445,650 EXPENDITURE Personal Services 383,327 182,269 47.5% 191,664 Operating Expenses 332,520 92,681 27.9% 166,260 Capital Purchases 1,986,500 222,879 11.2% 993,250 Contribution to General Fund 19,566 9,783 50.0% 9,783 Contingency 169,387 0.0% 84,694 TOTAL EXPENSES 2,891,300 507,612 17.6% 1,445,650 Excess of Revenues Over/(Under) Expenses 497,093 Page 7 of 7 Florida State Treasury - Special Purpose Investment Account (SPIA) & FL SAFE AllEM As of March 31,2024 Funds were invested with the State of Florida Division of Treasury,with a rate of return 2.49% Interest earned for the month: $ 37,060.79 General Fund Committed (Constrained by Council) Expansion Recreation 45,960.27 Expansion Police 34,796.55 A1A Replenishment 48,000.00 Capital Equipment Renewal&Replacement 246,193.76 Total Committed $ 374,950.58 Assigned-General Fund Emergency Reserve $ 1,495,349.01 Unassigned $ 529,026.11 Total General Fund SPIA Investments $ 2,399,325.70 Florida Safe General Fund Emergency Reserve 2,358,204.06 Florida Safe Note 2021 192,049.13 Florida Safe ARPA Reserve 4,236,636.21 Total General Fund Florida Safe Investments Avg Monthly Rate 5.394%: $ 6,786,889.40 ■ Total General Fund Investments: 9,186,215.10 Special Revenue Funds Restricted (by outside party) Police Education Fund 12,989.46 Library Fund 364,213.97 Impact Fees 1,187,130.42 Law Enforcement Trust Fund 1,858.67 Total Restricted $ 1,566,192.52 * Total Special Revenue Fund SPIA Investments: 1,566,192.52 Enterprise Funds Wastewater Fund: Wastewater General- Unrestricted 250,000.00 Wastewater Fund Renewal&Replacement 377,762.18 $ 627,762.18 Stormwater Fund: Stormwater Fund- Unrestricted 250,000.00 Stormwater Fund Renewal&Replacement 225,232.00 $ 475,232.00 Total Enterprise Fund SPIA,Investing! = 1 102,99';; TOTAL SPIA&FLSAFE INVESTMENTS $ 11,855,401.80 FY 23-24 GENERAL FUND CIP GREATER THAN $100,000 SUMMARY FEBRUARY 29, 2024 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 project's costs. IM - 7 Oak Lane Improvements 250,000 4,450 IM - 9 Bike Lane Striping 50,000 - Project start pending acquisition of Hazard Mitigation Grant Program (HMGP) - Hurricane Ian funding. HMGP funding will cover 75% IM - 10 C5 Energy Storage Project 110,000 of the project's 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 project's costs. RESILIENCY DIVISION ( National Science Foundation Civic Innovation Challenge (CIVIC) grant awarded October 1, 2023; project construction not started. 525,000 Physical construction of the project's proposed rain garden is set to begin in January 2024. Project completion set for September 30, RD - 2 Veterans Park Low Impact Development Enhancement 137,946 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 750,000 267,779 Ongoing. TOTAL GENERAL FUND $ 2,095,000 $ 520,817 FY 23-24 CRA CIP GREATER THAN $100,000 SUMMARY FEBRUARY 29, 2024 FY FY CIP# CRA 2023-24 2023-24 DIRECTOR NOTES BUDGET ACTUAL CR-2 Civic Hub 150,000 56,687 Design ongoing. CR-4 Presidential Streets 300,000 1,250 Project not started;awaiting the final reccomendations from the Presidential Streets Master Plan Phase II One-way Study via Kimley Horn &Associates. CR-8 CAPE Center Fire Alarm 13,000 58,544 TOTAL CRA $ 463,000 $ 116,481 FY 23-24 WASTEWATER CIP GREATER THAN$100,000 SUMMARY FEBRUARY 29,2024 FY FY CIP# WASTEWATER ENTERPRISE FUND 2023-24 2023-24 BUDGET ACTUAL I S I DIRECTOR NOTES WW-14 Sanitary Sewer GIS Mapping 100,000 9,357 90% Complete. WW-16 Clarifier Replacement 1,400,000 203,321 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) 570,000 242,296 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 $ 454,974 ' FY 23-24 STORMWATER CIP GREATER THAN$100,000 SUMMARY FEBRUARY 29,2024 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 30,638 Tree trimming for FPL line location and finalizing plans. SW-7 Center Street Basin Improvements 935,000 86,089 Finalizing Plans. SW-10 Portable SW Pump 160,000 - TOTAL STORMWATER ENTERPRISE FUND $ 1,845,000 $ 116,727 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MAY 21, 2024 AGENDA ITEM SUMMARY • ITEM # 11 Subject: Update to the January 24, 2024 Special Council Meeting. Item presented for informational purposes only; no recommendation for action to be taken at this time. Department: Community and Economic Development Summary: At the January 24, 2024 City Council Special Meeting, Council reviewed Community and Economic Development (CED) Department roles and responsibilities and discussed actions proposed to resolve current issues for properties located on 304-316 Fillmore Avenue and 116-120 Jackson Avenue (Attachment 1). At the March 19, 2024 Regular Meeting, an update was provided to the Council on progress towards completion of the Council consensus items discussed during the January 24, 2024 Meeting (Attachment 2). Please see status update table below, which updates each of the items of Council consensus reflected in the January 24, 2024 Meeting Minutes: 304-316 Fillmore Avenue Project: Item Status 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. See Attachment 3 for the requested building permit report. The Building Official (BO) resigned on April 30, 2024. However, prior to his departure, the former BO stated that a written statement would be provided to the C&ED Director at the completion of the on- going site improvements as recommended in the Kimley Horn and Associates (KHA) Stormwater Report. While we have not yet recruited a replacement BO, we are currently utilizing the services of JPI, Inc. If the project is completed prior to the hiring of the replacement BO, JPI will be requested to provide the statement. If we have hired the replacement BO, then that employee will be asked to provide the statement. 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). Kimley Horn & Associates (KHA) submitted a Stormwater Memorandum dated April 4, 2024 (previously forwarded to City Council). KHA reviewed this Memorandum at the April 22, 2024 Regular City Council Meeting. The Memorandum included information regarding the findings of their site visit, findings of their review of all site -related permit documents and also included recommendations. City of Cape Canaveral City Council Meeting • May 21, 2024 Agenda Item # 11 Page 2 of 4 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. 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. FPL stated that due to security reasons, it is not their practice to provide utility plans. The removal of the overhead lines (Spectrum) was finalized on 3/20/24. FPL removed the utility pole on 4/11/24. Staff remains in communication with the Contractor regarding the recommendations as outlined in the KHA Stormwater Memorandum. Status updates continue to be provided to the City Council via the Fillmore Task List spreadsheet. To be presented in a future City Council update. 114 116 118 and 120 Jackson Avenue: Item 1. Provide a Report showing all actions and correspondence related to Code Enforcement at 114, 116, 118 and 120 Status In response to this item, a folder was created in Laserfiche, in March 2024. At that time, this folder only contained emails. Since then, all City of Cape Canaveral City Council Meeting • May 21, 2024 Agenda Item # 11 Page 3 of 4 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. available documents have been added to the folder: CC-LF\Public Records Requests and Reports\Jackson Avenue Code Enforcement Correspondence. Notes on what is included and what is not included: • What is included: o Field Notes o Official Notices (Notices of Violation, Revised Notices of Violation, Code Enforcement Board minutes, Code Enforcement Board Orders, Notices of Hearings, Orders of the Special Magistrate, Special Magistrate Agenda Packets. • What is not included: Working draft documents were determined to be unhelpful and have created some confusion. For these reasons, working draft documents have not been placed in the Laserfiche folder. During the date range from January 1, 2016 through January 24, 2024, a total of seven (7) Code Enforcement Cases were created for the subject property. One of the cases (17-137) was created in Springbrook (the city's software system prior to BS&A) and the remaining six (6) cases were created in the current system (BS&A). The change -over from Springbrook to BS&A took place on February 2, 2019. The Springbrook report contains code enforcement records for the subject property from January 1, 2016 through February 2, 2019 (one case). While the BS&A report contains code enforcement records for the subject property from February 3, 2019 to January 24, 2024 (six cases). Available documents related to each of the seven (7) cases have been placed in separate sub -folders, by designated case number. The Springbrook report is not very descriptive. However, the appropriate, relevant Code City of Cape Canaveral City Council Meeting • May 21, 2024 Agenda Item # 11 Page 4 of 4 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. Enforcement case records are kept in a user share drive on the City's server. These records have been placed in the Laserfiche folder (case #17-137). A BS&A inspection report was created for the six (6) newer cases and was placed in the Laserfiche folder as well. To be presented in a future City Council update. See Attachment 4. An initial report was distributed to the City Council on May 10, 2024, it contained both open and closed cases. In the future, the open cases will be reported monthly, with the closed cases reported annually. To be presented in a future City Council update. Submittin • De • artment Director: David Dicke Attachments: 1. January 24, 2024 Special Council Meeting Minutes 2. March 19, 2024 Regular Council Meeting Minutes, Portion 3. Building Permit Inspection Report 4. Code Enforcement Certification Report 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 Update to the January 24, 2024 Special Council Meeting; no recommendation for action to be taken at this time. A • • roved b Cit Mana • er: Todd Morle Attachment 1 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 APPROVAL OF AGENDA AS WRITTEN OR WITH Mayor Pro Tem Kellum, seconded by Council Memb The motion carried 5-0. 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 AMENDMENTS: A motion was made by er Willis, to approve the Agenda as written. 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 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 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. GAiUA t, �v b� ''9� 1SL :2J Daniel LeFe • • p to ty Clerk aelpry.'3vt' es Morrison, Mayor Attachment 2 City of Cape Canaveral, Florida City Council Regular Meeting • March 19, 2024 Minutes • Page 4 of 5 a decision yet, the Council -approved raise two years ago, and the 2% Cost -of -Living Adjustment from the previous fiscal year. Council reached consensus to take no action on Resolution No. 2024-02, and to review the Item at the CIP Workshop on Thursday, April 4, 2024. Mayor Morrison recessed the meeting at 7:59 p.m. The meeting reconvened at 8:15 p.m. #5. Discussion ensued and included alternative cost-effective flood barrier system methods, other systems involve changing the structural design of the facility, challenges in protecting the front of the Cape Canaveral Community Center (C5), impracticality of sandbagging, negotiation for a cheaper price, shortening the system to save money, installation by Staff, plans to turn the C5 into a post -storm resilience hub, the ability to add on to the system, preparation for Hurricane Season and training Staff, budgeting for and the desire to protect all City facilities, and support for providing a demonstration to show residents how the system works. A motion was made by Mayor Pro Tem Kellum to go ahead with the shorter version. Discussion ensued regarding debate over whether to save money using a shorter version of the system versus approving the Item as budgeted, and how this purchase is specific to the Community Redevelopment Area budget. Mayor Pro Tem Kellum indicated she would change her motion. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Davis, to approve the Item as written. Discussion continued regarding a cancellation and return policy. City Attorney Garganese discussed the clause being absent from the submitted quote by US Flood Control Corp. A motion was made by Council Member Willis, seconded by Council Member Davis, to amend the main motion contingent upon a comparable return policy. The motion carried 5-0. The main motion carried 5-0. ITEM FOR ACTION: 6. Approve date/time/location 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: City Manager Morley explained the Item. Discussion ensued and included Council Members availability. A motion was made by Council Member Willis, seconded by Council Member Davis, to approve Wednesday, March 27, 2024 at 6:00 p.m. for a City Council Joint Educational Workshop Meeting with the Planning and Zoning Board. The motion carried 5-0. ITEMS FOR DISCUSSION: 7. Lowering Golf cart registration to gain compliance. (Submitted by Mayor Pro Tem Kellum): Mayor Pro Tem Kellum explained the Item. Discussion ensued and included registration cost comparisons to other municipalities, the expense of making golf carts compliant with the City Code, golf carts on the beach and sidewalks, popularity of golf carts at short-term rental properties, City visitors unaware of laws and regulations, and the need for more education to the public with events and marketing. BCSO Commander Keck urged people to call if they see golf carts on the beach, discussed efforts by law enforcement to educate people here on vacation, golf carts versus low -speed vehicles, and challenges with conflicting regulations from adjacent municipalities. Discussion continued regarding various ideas to help educate the community and save money on registration. Council reached consensus to gather research from other Brevard County beachside communities for costs and total number of registrations regarding golf carts to bring back as a discussion item at the April 16, 2024 City Council Regular Meeting. 9. Update to the January 24, 2024 Special Council Meeting: Discussion ensued and included the status of the Fillmore Avenue issue and Update, internal processes of Staff regarding City of Cape Canaveral, Florida City Council Regular Meeting • March 19, 2024 Minutes • Page 5 of 5 communication and resolution with utility companies, coordination between Florida Power and Light (FPL) and Spectrum, dissatisfaction with Staff's Item and progress at the 304-316 Fillmore Avenue Project, desire to have all parties meet including FPL, Spectrum, Building Official German, Allen Engineering, ABC Construction, Kimley-Horn, and former City Engineering Consultant John Pekar, a suggestion to contact Spectrum to pull the cable off of the utility pole at Fillmore Avenue, and Staff's assurance the issue was explained to FPL and Spectrum weeks ago. Mayor Morrison stated on the record, from an audience member that shared the information, that no cables are on the pole. A motion was made by Council Member Willis, seconded by Mayor Pro Tem Kellum, to extend the Meeting 10 minutes. The motion carried 5-0. Mayor Morrison and Staff continued discussion regarding 116, 118 and 120 Jackson Avenue issues and Update, internal processes of Staff, Code Enforcement records prior to February 11, 2022 and missing information in the City's online Code Enforcement module BS&A, and frustration over Staff work product and resolution time. A motion was made by Council Member Jackson, seconded by Mayor Pro Tem Kellum, to extend the Meeting 15 minutes. The motion carried 5-0. Discussion continued among Council and Staff regarding next steps, how remedying all of the issues at these properties will take close to a year, the suggestion to start the whole Certificate of Occupancy (CO) process over again at Fillmore Avenue, and revoking the CO's and issuing temporary or conditional CO's. City Attorney Garganese discussed revoking the original CO's being an extreme measure to take at this stage of the process with four townhouses that have been occupied for over a year, granting an emergency easement to ensure stormwater is maintained, and the Memorandum of Understanding between the City and FPL which can be used get the pole removed. Discussion continued regarding a desired ten days for resolution at Fillmore Avenue. A motion was made by Council Member Willis, seconded by Council Member Davis, to adjourn the Meeting. The motion carried 5-0. ADJOURNMEN1':`°`t lyleeting was adjourned at 10:59 p.m. if VP4@Q q. , , CANA, fr hao SEAL' '�0a I * 1 % *'•. Mia Goforth, it Wes Morson, Mayor Attachment 3 The following report provides a building permit inspections chronology 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. The Council requested that the former Building Official provide a statement that all necessary inspections were ultimately approved. However, Mike German (former Building Official) verbally stated to the C&ED Director that this statement will not be provided until the improvements as outlined in the KHA Stormwater Report are completed and approved. Attachment 4 The following report includes a listing of required certifications, training and ongoing continuing education for Cape Canaveral code enforcement officers. In addition, achieved certifications, training and ongoing continuing education attained by the City's code enforcement officers is provided. Code Enforcement Officer Certification: A Code Enforcement Officer is required to complete the Florida Association of Code Enforcement (FACE) Level 1 (Fundamentals of Code Enforcement) within a year of being hired. To remain certified a Code Officer must complete 16 hours of continuing education classes during every two-year recertification period. FACE provides four levels of certification, Level 1 Fundamentals of Code Enforcement, Level 2 Administrative Aspects of Code Enforcement, Level 3 Legal Issues in Code Enforcement and Level 4 Officer Safety and Field Applications. After you obtain all FACE certification levels you can apply to become a Code Enforcement Professional (CEP). The Florida Association of Code Enforcement offers a Certificate as a Code Enforcement Professional (CEP), which is the highest level of certification that can be achieved. To become certified as a CEP, the applicant must meet minimum qualifications and successfully complete a Legal Issues Paper. Currently the City of Cape Canaveral has two certified Code Enforcement Officers and one non -certified Code Officer assigned to the code enforcement division. Below is a listing of their respective certifications. Brian Palmer CED Deputy Director/Code Enforcement Manager: - FACE Levels 1, 2, 3 & 4 - Manager's Role in Code Enforcement - Supervisory Skills - Case Development - Report Writing - Media Relations - Records Management - Employment Laws - Performance Management - Stress Management - Time Management - Public Speaking - Principles and Best Practices of Code Enforcement - Property Research and Ownership - Legal Aspects of Code Enforcement - Ethics - Verbal Communication - Special Issues - Code Enforcement Board - Code Enforcement Magistrate - Evidentiary Issues - Local Government Ordinances - Legal Options - Testifying and Demeanor - Conflict Resolution - Presence and Stance - Dealing with Persons with Special Concerns - Defensive Tactics - Hazardous Materials/Situations and Incident Command - Officer Survival Considerations - Substance Abuse - Parking Enforcement - Stormwater - OSHA - Sea Turtle Lighting - Diversity - Business Writing Chris Robinson Code Enforcement Officer: - FACE Levels 1, 2 & 3 - Case Development - Report Writing - Media Relations - Records Management - Employment Laws - Stress Management - Time Management - Public Speaking - Principles and Best Practices of Code Enforcement - Property Research and Ownership - Legal Aspects of Code Enforcement - Ethics - Verbal Communication - Special Issues - Code Enforcement Board - Code Enforcement Magistrate - Evidentiary Issues - Local Government Ordinances - Legal Options - Testifying and Demeanor - Substance Abuse - Parking Enforcement - Stormwater - OSHA - Sea Turtle Lighting - Diversity Jerrol Coats Code Enforcement Officer will be attending FACE Level 1 this fall.