Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
cocc_council_mtg_packet_20240618_regular
CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA June 18, 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. PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. CONSENT AGENDA I 6:15 p.m. — 6:20 p.m. 1. Approve Minutes for the May 7, 2024 Special Meeting. 2. Approve Minutes for the May 21, 2024 Regular Meeting. 3. Approve Minutes for the May 23, 2024 Workshop Meeting. 4. Approve the purchase of one (1) Sandbagger Model II unit in the amount of $23,204 and authorize the City Manager to execute the same. ITEMS FOR ACTION I 6:20 p.m. — 6:50 p.m. 5. Approve quote from Razorback LLC in the amount of $148,000 for the Effluent Transfer Pump Station Structural Rehabilitation and authorize the City Manager to execute the same. 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. 7. Designate one (1) City Official to be the Voting Delegate at the Florida League of Cities 2024 Annual Conference scheduled for August 15-17, 2024 in Hollywood, Florida. City of Cape Canaveral, Florida City Council Regular Meeting • June 18, 2024 Agenda • Page 2 of 2 ITEMS FOR DISCUSSION I 6:50 p.m. — 7:20 p.m. 8. Building Code and Flooding (Submitted by Council Member Jackson) 9. Discussion on the role of Mayor Emeritus (Submitted by Mayor Pro Tem Kellum) 10. Update to the January 24, 2024 Special Council Meeting. REPORTS 1 7:20 p.m. — 7:30 p.m. INFORMATIONAL I Item presented for informational purposes only; no action to be taken. 11. Monthly Financial Report — April 2024. 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. ITEM # 1 DRAFT CAPE CANAVERAL CITY COUNCIL SPECIAL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Tuesday May 7, 2024 4:30 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 4:31 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 City Clerk Community + Economic Development (C+ED) Dir. C+ED Deputy Director/Code Enforcement Manager C+ED Code Enforcement Officer C+ED Senior Planner C+ED Resiliency Services Engineering Manager Human Resources/Risk Management Director Parks + Recreation and Community Affairs (PRCA) Dir. PRCA Deputy Director Public Works Services Director Executive Assistant to City Manager/Office Manager Brevard County Sheriff's Office Lieutenant Todd Morley Anthony Garganese (arrived 4:35 p.m.) Mia Goforth Dave Dickey Brian Palmer Chris Robinson Kyle Harris Alexis Miller Natalie Harmon Molly Thomas John Mayberry June Clark Lisa Day Scott Molyneaux APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to approve the Agenda as written. The motion carried 5-0. PUBLIC PARTICIPATION: Peg Schaller, resident and business owner, expressed appreciation for City Manager Morley's efforts, indicated her opinions regarding Code Enforcement have not changed, and requested to speak again at the end of the meeting. Council reached consensus in the affirmative. Lee Vicidomoni, resident, inquired about the City Code related to building non-compliance due to destruction as a result of fires or hurricanes, and referenced a fire at Jackson Avenue related to the Agenda Item. City Manager Morley advised Ms. Vicidomoni meet with C+ED Director Dickey regarding the issue. City of Cape Canaveral, Florida May 7, 2024 City Council Special Meeting Minutes Page 2 of 3 ITEM FOR DISCUSSION: DRAFT 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 explained the nature of the Meeting and relevance to the Council's last action at the City Council Special Meeting of April 22, 2024. Council reached consensus to allow City Manager Morley to present a Report of Findings Related to the January 24, 2024 City Council Special Meeting submitted May 7, 2024. City Manager Morley discussed the Report is a snapshot of where the two (2) investigations led him, that there are no recommendations included yet for Council, and the next step will be at a future meeting. City Manager Morley reviewed Investigation #1 — Certificates of Occupancy were issued while there was incomplete site development work at 304, 306, 314 and 316 Fillmore Avenue. Discussion ensued. City Attorney Garganese discussed differences between properties constructed on Fillmore Avenue and Jefferson Avenue including the distinction of a common drainage at the Fillmore townhouses versus the Jefferson property with no common drainage. Discussion continued. Mayor Morrison recessed the meeting at 5:52 p.m. The meeting was reconvened at 6:02 p.m. Discussion continued. Council reached consensus for the City Manager to request a statement from former City Engineer John Pekar regarding the issuance of the Certificates of Occupancy, whether or not he can confirm that it was a verbal approval in this case, and whether the practice was typically verbal. Discussion ensued. Council reached consensus to receive the Certificates of Occupancy applications for all four properties on Fillmore Avenue. Discussion ensued. Lee Vicidomoni, resident, expressed concern over liabilities at the Fillmore Avenue properties and responsibility for those problems. Shannon Roberts, resident, business and property owner, suggested the City utilize process mapping tools. Patrick Campbell, resident, agreed with process mapping, requested clarification related to whether CO's or building permits were revoked, and single family residences versus duplexes. City Manager Morley discussed page 5 of the Report, why the Building Official did not revoke any building permits or CO's, and explained the difference between duplexes, townhomes, and single family homes related to property lines and firewalls. Discussion ensued. City Manager Morley explained the amount of time it took to complete the Report which resulted in the reason Council did not receive it until the night prior, that it will require more than two weeks to produce a Report of recommendations, noting the upcoming Council meetings scheduled in May. Discussion ensued. City Manager Morley reviewed Investigation #2 — Perception of selective code enforcement related to the property located at 112,116, 118 & 120 Jackson Ave. and a neighboring property located at 7802 N. Atlantic Ave. Discussion ensued. C+ED Deputy Director Palmer indicated that that the 116 Jackson Avenue tenant, "Cowboy", filed an onsite, verbal complaint on May 24, 2023 with Code Enforcement Officer Robinson regarding rocks in the swale, which was annotated in Officer Robinson's field notes, and provided to Council. Mayor Morrison stated the information was new after reading from a copy of the Update to the January 24, 2024 Special Meeting in March (see attached). Discussion ensued. Mayor Morrison recessed the meeting at 8:27 p.m. The meeting was reconvened at 8:37 p.m. City of Cape Canaveral, Florida DRAFT May 7, 2024 City Council Special Meeting Minutes Page 3 of 3 City Manager Morley continued the Report. Discussion ensued. Peg Schaller, resident and business owner, stated this would be the last time she would discuss these issues before the Council, and expressed opposition to portions of the Report of Findings that are not truthful from her perception. Council allowed additional time for Ms. Schaller to speak. Lee Vicidomoni, resident, discussed opinions regarding personal City Code Enforcement related issues, support for Peg Schaller, and called for a Code Enforcement Officer's suspension. Patrick Campbell, resident, discussed support for Peg Schaller, meeting proceedings, Code Enforcement processes, and requested information and records related to full name and address for "Cowboy", and requested the photos that were shared amongst Council and Staff get posted on the website. Discussion ensued. City Manager Morley discussed the Report of Findings represents how far at this time he can go towards the truth, that the recommendations at future meetings will result in fixing Code Enforcement and Building Division processes. Discussion ensued. City Manager Morley discussed plans for contracting with an independent third -party company to review Code Enforcement policies and best practices for approval by the Council, as well as assigning the City Clerk to work with Code Enforcement regarding public and official records, and will work with Staff and the City Attorney regarding whether there are any concerns allowing Council access to BS&A. Council reached Consensus for Staff to provide a response by the end of the week on providing Council BS&A view -only access with the ability to run reports in all modules, and with an Item for Discussion or Action, if ready, at the next City Council Regular Meeting. ADJOURNMENT: The Special Meeting was adjourned at 10:14 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MARCH 19, 2024 AGENDA ITEM SUMMARY • ITEM # 9 Attachment to the May 7, 2024 City Council Special Meeting Subject: Update to the January 24, 2024 Special Council Meeting. This item is 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. Please see status update table below, which updates each of the items of Council consensus reflected in the January 24, 2024 Meeting Minutes (Attachment 1): 304-316 Fillmore Avenue Project: -poor work product Item -pics/Docs 1. Obtain and distribute to City Council a [buildinq permit inspections report] showing ate, type of inspection and disposition, and in the case of failed inspections, cited codes [Report] and any inspector notes. This report applies ________ to all code's applicable to all permitted April construction performed at 304, 306, 314 and Council 316 Fillmore Avenue. Include Building Official's statement that all necessary spections were ultimately approved. Status See Attachment 2 -Where is the "Compliance" DD: "We want a BO/BI take a look and see what exists City Code 1" Identify remaing issues from a FBC standpoint. Example Given: Go back Through" Todd/History/Inspections/Past TCW SE 2. Obtain - 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 Kimley Horn & Associates (KHA) Proposal for Civil Engineering Services was approved on February 20, 2024 (Yellow HIghtlighted) — see Attachment 3. Staff walked site with KHA engineer on February 26, (Yellow Highlighted) 2024. Engineering Report is forthcoming. The Proposal was forwarded to the Council on February 21, 2024. _____ (ATTACHED ? ) CC spend TAX (illegible) on..." Draft City Attorney & New Inspector Report - _________ Starting Point/More? ----------- Structure * If must be in writing opposed to what was stated insteaded then we might consider verbation. City of Cape Canaveral City Council Meeting • March 19, 2024 Agenda Item # 9 Page 2 of 3 (illegible) has not met (illegible) 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 Filimore 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. -KHA -BO - (illegible) -Pekar -FPL 3. Request plans and confirmation on a date for FPL to remove overhead lines and reinstall all line's underground, consistent with City Code. • 4. Utilizing the Engineeririg Report (above), exercise available remedies to gain compliance on identifi6d 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. This is not a one off. (Yellow Highlighted) 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 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. (Yellow Hightlighted) Due to security concerns, FPL stated they generally do not provide electric utility plans. (Take a Look) FPL has installed parallel underground service lines which are energized. Spectrum has begun removal of its overhead lines. Once they have completed their portion of the removal. FPL will remove its overhead lines. PSC Rules City Attoreny review Tariff Awaiting receipt of KHA Engineering Report. "Makes chanrges from Results May 7th of A 1" (illegible) - BID ? Competiave Rates/Hours Timeline -PW: Lets Resolve/commit [Resolve] ---------------------- To be presented in a future City Council update. [Commit -Consult Process Changes MPT-Kellum - City Attorney > Swale/FPL BUT --------------------- NOT SURE OF # 2." Checklist - Improvements Start: SW Req. a FNO Other Mistakes' Result in chances/Ordinance Status A response to this item was split into two documents. Attachment 4 includes an update for the requested enforcement activity report. The following folder has been created in Laserfiche that contains all of the responsive email correspondence: (Yellow Hightlighted)- CC-LF\Public Records Requests and Reports\Jackson Avenue Code Enforcement Correspondence 1st, Nov 2017 2nd Nov (illegible) Requested to go before (10 years (illegible) Entry (illegible). City of Cape Canaveral City Council Meeting • March 19, 2024 Agenda Item # 9 Page3 of 3 2. Create and distribute Administrative Procedures reviewed and approved by our City Attorney complying with FL State Law X and City Code to be followed by our City Code Enforcement Officers. To be presented in a future City Council update. 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. (Yellow Highlighted)- See Attachment 5. - 16 CEU'S in 2 years - level 1 W/FACE -Performance 1 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 X BS&A such as date created, status, and or any other information necessary to monitor. A monthly report will be distributed via memo, beginning April 1, 2024, to provide the requested data. - Report- Draft Data Transfer -1900 Cases Total 5. Present any findings and or opportunities to be distributed to the City Council on ways X the City can improve our Community Development Department as it relates to Code Enforcement. To be presented in a future City Council update. During discussion at the January 24, 2024 Specia Meeting, Councilmembers once -again indicated a willingness to provide additional personnel or other resources to Code Enforcement should it be needed. CED Staff has met with the City Manager and Human Resources Director to further discuss this item. It was determined that due to the need for an increased focus on code enforcement customer care, as well as an increased work Toad related to administering the City's vacation rental program, additional staffing would be beneficial. Accordingly, additional code enforcement staffing will be requested as part of the FY 24/25 Budget. Submitting Department Director: David Dickey Attachments: 1. January 24, 2024 Special Council Meeting Minutes 2. Building Permit Inspection Report 3. KHA Proposal for Civil Engineering Services 4. Code Enforcement Activity Report 5. 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. Approved by City Manager: Todd Morley 1 (illegible) / Void of Action- What went wrong 2 (illegible) / 3 Selective / 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 Kim Davis Council Member Kay Jackson Mayor Pro Temp Mickie Kellum Mayor Wes Morrison Council Member 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 Sheriffs Office Lieutenant Todd Morley Anthony Garganese (arrived 2:33 p.m.) Daniel LeFever John DeLeo Michael German Shaun Milligan Dave Dickey Brian Palmer Chris Robinson Zachary Eichholz Kyle Harris Alexis Miller Renee Pother Melinda Huser June Clark Jessica Erdman Lisa Day Scott Molyneaux APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to approve the Agenda as written. The motion carried 5-0. PUBLIC PARTICIPATION: Peg Schaller, owner of Ellie Mae's Tiki Bar, discussed code violations of the adjacent tenant at 120 Jackson Avenue, a debris fire that occurred in March 2024, alleged inaction from the City regarding her Code Enforcement complaints, and accused City Code Enforcement officers of retaliation for issuing her multiple notices of violation. Upon hitting the three -minute timer limit, Mayor Morrison permitted Ms. Schaller to speak for an additional seven minutes, after stating there was no objection from Council. Ms. Schaller continued discussing a personal injury claim against the adjacent tenant at 120 Jackson Avenue due to a faulty railing that has resulted in her being sued. ITEM FOR CONSIDERATION: Review of Community Development Department roles, responsibilities and discuss actions proposed to resolve current issues for properties located on Fillmore Avenue and Jackson Avenue. (Submitted by Mayor Morrison): Mayor Morrison explained his submitted item. Council and Staff discussion ensued and included better communication and friendliness with business City of Cape Canaveral, Florida 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:' he Special Meeting was adjourned at 5:32 p.m. Mia Goforth , for Daniel LeFever, Deputy City Clerk Wes Morrison Wes Morrison, Mayor Residential New Construction Permit I P21-0273 (Yellow Hightlighted) Attachment 2 (Yellow HIghtlighted) Property Informaatlbn 24-37-23-CG-53-10 304 FILLMORE AVE Subdivision: 304 FILLMORE AVE (Yellow Hightlighted) Cape Canaveral FL, 32920 lot Block: Owner: WITTEKIND ENTERPRISES INC; ABELES, RONALD; BAKER E Phone: (Yellow Hightlighted) Occupant: Phone: Applicant: ABC Concrete Inc Phone: (321) 454-4240 Contractor: ABC Concrete Inc Phone: (321) 454-4240 Licensee: Andre Miguel Baez Phone: (321) 454-4240 Lkense Issued: 10/20/2020 License Expires: 08/31/2024 Permit Information Date Issued: 03/09/2021 Work Desaiption: NEW CONSTRUCTION -2 Story town homes Stipulations: Date Expires: 04/04/2023 Status: FINALED Final - Building Inspection I Michael German Status: Completed Result: Approved Scheduled: 10/06/2022 12:00 AM Comp: 10/06/2022 11:02 AM Comments: Scheduling Comment AM Final - Electrical Inspection I Micheal German Completed Result: Approved Scheduled: 10/06/2022 12:00 AM Completed: 10/06/2022 11:01 AM Conversion Comment No Conversion Comments Final - Mechanical Inspection I Michael German Status: Completed Result: Approved Scheduled: 10/06/2022 12:00 AM Completed: 10/06/2022 11:01 AM Conversion Comment No Conversion Comments Final - Plumbing Inspection I Michael German Status: Completed Result: Approved Scheduled: 10/06/2022 12:00 AM Completed: 10/06/2022 11:02 AM Conversion Comment No Conversion Comments Final - Building Inspection I JPI Status: Completed Result: Disapproved Scheduled: 09/30/2022 12:00 AM Completed: 10/03/2022 10:59 AM Comments: Scheduling Comment AM please 304 Fillmore Ave Building Final (NSFR) FAIL I Identified the following reasons to Disapprove: 1. FBCR 318.5: condensate egress should point down, provide sufficient depth P trap. 2. FBCR M1411.8 Refrigerant valves must have locked refrigerant caps. 3. FBCP 305.1 "corrosion of pipes": copper and other metal pipe (e.g. hose bibs) must be Isolated from stucco and other concrete (max thickness 0.010 inches, e.g. tape) 4. NEC 250.53(A)(2) 2nd ground electrode required min 6 ft apart. 5. FBC B 110.5 No access to Indoor. No key In lock box. Pro -Power Inspection I Richard Mlhallch Status: Completed Result: Approved Scheduled: 06/09/2022 12:00 AM Completed: 06/09/2022 10:43 AM Comments: Scheduling Comment Am inspection for all 4 buildings Inspection Notes Prepower Form Recieved 6-10-22 Uo pection Completed On Site 6-9-22 Driveway/Walks Inspection I Michael German Status: Completed Result: Approved Scheduled: 04/13/2022 12:00 AM Completed: 04/13/2022 02:33 PM Comments: INSPECTION LIMITS Driveway Apron Sidewalk Driveway Inspection I Michael German Status: Completed Result: Approved Scheduled: 04/12/2022 12:00 AM Completed: 04/12/2022 02:02 PM Comments: Inspection Notes Sidewalk Pre -Pour Approved, Need to See Apron Pre -Pour. Window & Door Bucks InspedIon I Web Inspector Status: Canceled Result: Canceled Scheduled: 11/16/2021 12:00 AM Completed: 11/15/2021 02:03 PM Comments: Scheduling Comment Drywall screw Inspection Drywall Screw Inspection I Michael German Status: Completed Result: Approved Scheduled: 11/16/2021 12:00 AM Completed: 11/16/2021 01:49 PM Conversion Comment No Conversion Comments Insulation Inspection I Michael German Status: Completed Result: Partially Approved Scheduled: 10/26/2021 12:00 AM Completed: 10/26/2021 11:26 AM Comments: Replace polylso at plumbing installation areas. Foam voids around windows and doors. STUCCO-LATH Inspection I Michael German Status: Completed Result: Approved Scheduled: 10/07/2021 12:00 AM Completed: 10/07/2021 11:15 AM Conversion Comment No Conversion Comments Server Connection Inspection I Richard Mihalich Status: Completed Result: Approved Scheduled: 09/22/2021 12:00 AM Completed: 09/22/2021 09:35 AM Comments: Scheduling Comment Sewer tap for entire structure INSPECTION NOTES UNDERGROUND EXTERIOR DRAIN PIPING FOR ALL FOUR UNITS Rough - Mechanical Inspection I Richard Mihailch Status: Completed Result: Approved Scheduled: 09/20/2021 12:00 AM Completed: 09/20/2021 08:35 AM Comments: AM PLEASE Rough - EIectrical Inspection I Richard Milhalich Status: Completed Result: Approved Scheduled: 09/20/2021 12:00 AM Completed: 09/20/2021 08:34 AM Comments: AM PLEASE Rough - Plumbing Inspection I Richard Mihaikh Status: Completed Result: Approved Scheduled: 09/20/2021 12:00 AM Completed: 09/20/2021 08:34 AM Comments: AM PLEASE Framing Inspection I Richard Mlhafch Status: Completed Result: Approved Scheduled: 08/04/2021 12:00 AM Completed: 08/04/2021 09:22 AM Conversion Comment No Conversion Comments Framing Inspection I Michael German Status: Completed Result: Approved Scheduled: 07/27/2021 12:00 AM Completed: 07/27/2021 02:47 PM Comments: Scheduling Comment am 2ND FLOOR ROOF TRUSS INSPECTION ONLY Dry-In/FlashIng Inspection I Richard Mlhalich Status: Completed Result: Approved Scheduled: 07/23/2021 12:00 AM Completed: 07/23/2021 09:26 AM Comments: Scheduling Comment AM Framing Inspection I Michael German Status: Completed Result: Disapproved Scheduled: 07/22/2021 12:00 AM Completed: 07/22/2021 03:12 PM Comments: Scheduling Comment AM TRUSS PACKAGE NOT ON SITE, WINDOWS AND DOORS NOT INSTALLED Roof/Sidewall Shearing Inspection I Michael German (Yellow Highlighted) Status: Completed Result: Approved Scheduled: 07/14/2021 12:00 AM Completed: 07/14/2021 02:33 PM Comments: AM PLEASE SOMEONE WILL BE AVAILABLE ON SITE FROM 8 AM TO NOON Roof/Sldewall Sheeting Inspection I Richard Mlhalkh Status: Canceled Result: Canceled Scheduled: 07/13/2021 12:00 AM Completed: 07/13/2021 09:11 AM Comments: AM PLEASE NAILING AFFIDAVIT PLEASE PROVIDE A COMPLETED ROOF AND SHEATHING AFFIDAVIT FOR THIS INSPECTION Framing Inspection I Richard Mihalich Status: Completed Result: Approved Scheduled: 07/06/2021 12:00 AM Completed: 07/06/2021 08:27 AM Comments: Scheduling Comment Bottom Plate Tiedown Framing Inspection I Derek Yossifon Status: Completed Result: Approved Scheduled: 07/06/2021 12:00 AM Completed: 07/06/2021 12:21 PM Comments: Drywall screw 1ST LAYER OF FIREWALL AT THE TRUSSES Lintel InspectkM I Richard Mihalich Status: Completed Result: Approved Scheduled: 06/18/2021 12:00 AM Completed: 06/18/2021 09:31 AM Comments: Scheduling Comment AM Lintel Inspection I Richard Mlhallch Status: Completed Result: Approved Scheduled: 05/13/2021 12:00 AM Completed: 05/13/2021 08:49 AM Comments: AM PLEASE SOIL TREATMENT Inspection I Michael German Status: Completed Result: Approved Scheduled: 03/23/2021 12:00 AM Completed: 03/23/2021 11:14 AM Conversion Comment No Conversion Comments SLAB Inspection I Richard Mihalich Status: Completed Result: Approved Scheduled: 03/22/2021 12:00 AM Completed: 03/22/2021 09:34 AM Comments: INSPECTION LIMITS 1. NEED FORMBOARD SURVEY 2. NEED TERMITE TREATMENT CERTIFICATION 3. NEED COMPACTION RESULTS Rough - Plumbing inspection I Richard Milhalich Status: Completed Result: Approved Scheduled: 03/10/2021 12:00 AM Completed: 03/10/2021 10:03 AM Comments: AM PLEASE Fee Information Standard Item Standard Item Standard Item Standard Item Standard Item Standard Item Impact State Surcharge Impact Impact Impact Impact Impact Standard Item Impact Standard Item Permit Valuation Fee Plan Review Income New - Electrical - Single Family New - Plumbing New - Mechanical - Residential Fire Plan Review Impact Fee - Concurrency Mngt Fees 2.5 Percent Impact Fee - Fire/Rescue Impact Fee - General Government Impact Fee - Library Impact Fee - Police Impact Fee - Parks/Recreation Sewer Tap Inspection Impact Fee - Sewer Certificate Of Occupancy 175,000.00 943.50 175,000.00 471.75 1.00 110.00 2.50 175.00 1.00 85.00 37,50 37.50 1.00 100.00 1.00 45.01 74.39 74.39 1.00 105.71 1.00 80.03 1.00 128.29 1.00 151.55 1.00 25.00 1.00 1,348,80 1.00 50.00 Residential New Construction Permit | P21-0274 Property Information 24-37 2M-53-10 314 FILLMORE AVE Subvision: Cape Canaveral FL, 32920 Lot: Block: Name Information Owner: WITTEKIND ENTERPRISES INC; ABELES, RONALD; BABER E Phone: Occupant: Phone: Applicant: ABC Concrete Inc Phone: (321) 454-4240 Contractor: ABC Concrete Inc Phone: (321) 454-4240 Licensee: Andre Miguel Baez Phone: (321) 454-4240 License Issued: 10/20/2020 Ucense Expires: 08/31/2024 Permit Information Date Issued: 03/09/2021 Work Description: new construction -2 story town homes Stipulations: Date Expires: 01/10/2023 Status: FINALED Final - Building Inspection I Richard Mihalich Status: Completed Result: Approved Scheduled: 07/14/2022 12:00 AM Completed: 07/14/2022 03:03 PM Commends: Scheduling Comment AM Inspection Notes Items needed and discussed at meeeting: Power not on, cannot check electrical. Ron to advise when this Is ready. Plumbing 95% complete. AC's not complete, need completed and started. Mlsc Finishes In units not complete (kithen and bath misc trims) Ron Is to advise the bldg dept when the systems are complete and functioning, so we can complete the inspections. Inspection Notes Conditional CO Issued Need to Correct 2nd Floor Bedroom Window Elevation. R310.2.2 Need to Submit As Built w/ Setback Dimensions. Pre -Power Inspection I Richard Mlhalldh Status: Completed Result: Approved Scheduled: 06/09/2022 12:00 AM Completed: 06/09/2022 10:43 AM Comments: Am inspection for all 4 buildings Inspection Notes Prepower Form Recieved 6-10-22 Inspection Completed On Site 6-9-22 Driveway/Walks Inspection I Michael German Status: Completed Result: Approved Scheduled: 04/13/2022 12:00 AM Completed: 04/13/2022 02:35 PM Comments: INSPECTION LIMITS Driveway Apron Sidewalk Driveway Inspection I Michael German cles tus: Completed Result: Approved heduIed: 04/12/2022 12:00 AM Completed: 04/12/2022 02:05 PM Comments: Inspection Notes Sidewalk Pre -Pour Approved, Need to See Apron Pre -Pour. Insulation Inspection I Web Inspector Status: Canceled Result: Canceled Scheduled: 11/16/2021 12:00 AM Completed: 11/15/2021 02:04 PM Comments: Scheduling Comment Drywall screw inspection Drywall Screw Inspection I Michael German Status: Completed Result: Approved Scheduled: 11/16/2021 12:00 AM Completed: 11/16/2021 01:50 PM Conversion Comment No Conversion Comments Insulation Inspection I Michael German Status: Completed Result: Partially Approved Scheduled: 10/26/2021 12:00 AM Completed: 10/26/2021 11:27 AM Comments: Replace potylso at plumbing installation areas. Foam voids around windows and doors. Rough - Mechanical Inspection I Richard Mihalidh Status: Completed Result: Approved Scheduled: 09/20/2021 12:00 AM Completed: 09/20/2021 08:34 AM Comments: AM PLEASE Rough - Electrlcal Inspection I Richard Mihalich Status: Completed Result: Approved Scheduled: 09/20/2021 12:00 AM Completed: 09/20/2021 08:34 AM Comments: AM PLEASE Rough - Plumbing Inspection I Richard Mihalich Status: Completed Result: Approved Scheduled: 09/20/2021 12:00 AM Completed: 09/20/2021 08:34 AM Comments: AM PLEASE Framing Inspection i Richard Mihalich Status: Completed Result: Approved Scheduled: 08/04/2021 12:00 AM Completed: 08/04/2021 09:21 AM Conversion Comment No Conversion Comments Framing Inspection I Michael German Status: Completed Result: Approved Scheduled: 07/27/2021 12:00 AM Completed: 07/27/2021 02:46 PM Comments: Scheduling Comment am 2ND FLOOR ROOF TRUSS INSPECTION ONLY Dry-In/Flashing Inspection I Richard Mihalich Status: Completed Result: Approved Scheduled: 07/23/2021 12:00 AM Completed: 07/23/2021 09:26 AM Comments: Scheduling Comment AM Framing Inspection I Michael German Status: Completed Result: Disapproved Scheduled: 07/22/2021 12:00 AM Completed: 07/22/2021 03:11 PM Comments: Scheduling Comment am TRUSS PACKAGE NOT ON SITE, WINDOWS AND DOORS NOT INSTALLED of/SideWall Sheating Inspection I Mkhael German Completed Result: Approved Scheduled: 07/14/2021 12:00 AM Completed: 07/14/2021 02:32 PM Comments: AM PLEASE. SOMEONE WILL BE ON SITE FROM 8 AM TO NOON Roof/Sldewall Sheating Inspection I Richard Mihalich Status: Canceled Result: Canceled Scheduled: 07/13/2021 12:00 AM Completed: 07/13/2021 09:13 AM Comments: AM PLEASE PROVIDE AN AFFIDAVIT PLEASE PROVIDE A COMPLETED ROOF AND SHEATHING AFFIDAVIT FOR THIS INSPECTION Framing Inspection I Richard Mihalich Status: Completed Result: Approved Scheduled: 07/06/2021 12:00 AM Completed: 07/06/2021 08:27 AM Comments: Scheduling Comment Bottom Plate Tledown Framing Inspection | Derek Yosaifon Status: Competed Result: Approved Scheduled: 07/06/2021 12:00 AM Completed: 07/06/2021 12:19 PM Comments: Drywall screw 1ST LAYER OF FIREWALL AT THE TRUSSES Lintel Inspection I Rkard Mihalich Status: Completed Result: Approved Scheduled: 06/18/2021 12:00 AM Completed: 06/18/2021 09:31 AM Comments: Scheduling Comment AM Until Inspection I Richard Width Status: Completed Result: Approved Scheduled: 05/13/2021 12:00 AM Completed: 05/13/2021 08:48 AM Comments: AM PLEASE SLAB Inspection I Richard Mihalkh Status: Completed Result: Approved Scheduled: 03/22/2021 12:00 AM Completed: 03/22/2021 09:34 AM Comments: Scheduling Comment AM INSPECTION LIMITS 1. NEED FORMBOARD SURVEY 2. NEED TERMITE TREATMENT CERTIFICATION 3. NEED COMPACTION RESULTS Rough - Plumbing Inspection I Richard Mlhalkh Status: Completed Result: Approved Scheduled: 03/10/2021 12:00 AM Completed: 03/10/2021 10:03 AM Comments: AM PLEASE Fee Information Standard Item Standard Item Standard Item Standard Item Standard Item Standard Item Impact State Surcharge Impact Impact Impact Impact Impact Standard Item Impact Standard Item Permit Valuation Fee Plan Review Income New - Electrical - Single Family New - Mechanical - Residential New - Plumbing Hre Plan Review Impact Fee - Concurrency Mngt Fees 2.5 Percent Impact Fee - Fire/Rescue Impact Fee - Library Impact Fee - General Government Impact Fee - Parks/Recreation Impact Fee - Police Sewer Tap Inspection Impact Fee - Sewer Certificate Of Occupancy 175,000.00 943,50 175,000.00 471.75 1.00 110.00 1.00 85.00 2.50 175.00 37.50 37.50 1.00 100.00 1.00 45.01 74.39 74.39 1.00 80,03 1.00 105.71 1.00 151.55 1.00 128.29 1.00 25.00 1.00 1,348.80 1.00 50.00 Building Permit | P20-4455 Property Information 24-37-23-CG-53-10 306 FILLMORE AVE Cape Canaveral FL, 32920 Subdivision: Lot Name Information Owner: WITTEIGND ENTERPRISES INC; ABELES, RONALD; PARASM Phone: Occupant: Phone: Applicant: ABC Concrete Inc Phone: (321) 454-4240 Contractor: ABC Concrete Inc Phone: (321) 454-4240 Licensee: Andre Miguel Baez Phone: (321) 454-4240 License Issued: 10/20/2020 License Expires: O8/31/2024 Permit Information Date Issued: 03/09/2021 Work Description: New construction 2 story town homes Stipulations: Date Expires: 04/04/2023 Status: FINALED Final - Building Inspection I Michael German Status: Completed Result: Approved Scheduled: 10/06/2022 12:00 AM Completed: 10/06/2022 11:12 AM Comments: Scheduling Comment AM Final - Electrical Inspection I Michael German Completed Result: Approved uled: 10/06/2022 12:00 AM Completed: 10/06/2022 11:11 AM Conversion Comment No Conversion Comments Final - Mechanical Inspection I Michael German Status: Completed Result Approved Scheduled: 10/06/2022 12:00 AM Completed: 10/06/2022 11:11 AM Conversion Comment No Conversion Comments Final - Plumbing Inspection I Michael German Status: Completed Result: Approved Scheduled: 10/06/2022 12:00 AM Completed: 10/06/2022 11:11 AM Conversion Comment No Conversion Comments Final - Bulking Inspection I JPI Status: Completed Result: Disapproved Scheduled: 09/30/2022 12:00 AM Completed: 10/03/2022 10:58 AM Comments: Scheduling Comment AM I Identified the following reasons to Disapprove: 1.FBCB 107.3.1 seal all unused outdoor penetrations (e.g. old condensate etc) against pest Intrusion OR properly terminate any outdoor piping. 2. FBCR 318.5: condensate egress should point down, provide sufficient depth P bap. 3. FBCR M1411.8 Refrigerant valves must have locked refrigerant caps. 4. FBCP 305.1 "corrosion of pipes": copper and other metal pipe (e.g. hose bibs) must be isolated from stucco and other concrete (max thickness 0.010 inches, e.g. tape) 5. NEC 250.53(A)(2) 2nd ground electrode required min 6 ft apart. 6. FBCB 107.3.1, FBCR 302.11 Seal Ali duct to unconditioned attic. 7. FBCB 107.3.1 AC vent register missing. 8. NEC 362.48 dryer receptade unfinished. Pre -Power Inspection I Richard Milhalich 4.1 Inspection Notes Status: Completed Result: Approved Scheduled: 06/09/2022 12:00 AM Completed: 06/09/2022 10:43 AM Comments: Am inspection for all 4 buildings * Inspection Notes Prepower Form Recieved 6-10-22 Inspection Completed On Site 6-9-22 Driveway/Walks Inspection I Michael German Status: Completed Scheduled: 04/13/2022 12:00 AM Comments: INSPECTION LIMITS Driveway Apron Result: Approved Completed: 04/13/2022 02:34 PM Sidewalk Driveway InspectIon | Michael German Status: Completed Result: Approved Scheduled: 04/12/2022 12:00 AM Completed: 04/12/2022 02:04 PM Comments: Inspection Notes Sidewalk Pre -Pour Approved, Need to See Apron Pre -Pour. Insulation Inspection 1 Web Inspector Status: Canceled Result: Canceled Scheduled: 11/16/2021 12:00 AM Completed: 11/15/2021 02:03 PM Comments: Scheduling Comment Drywall screw inspection Drywall screw Inspection i Michael German Status: Completed Result: Approved Scheduled: 11/16/2021 12:00 AM Completed: 11/16/2021 01:49 PM Conversion Comment No Conversion Comments Insulation Inspection 1 Michael German Status: Completed Result: Partially Approved Scheduled: 10/26/2021 12:00 AM Completed: 10/26/2021 11:28 AM Comments: Replace polyiso at plumbing installation areas. Foam voids around windows and doors. STUCCO -LATH Inspection I Michael German Status: Completed Result: Approved Scheduled: 10/07/2021 12:00 AM Completed: 10/07/2021 11:15 AM Conversion Comment No Conversion Comments Rough - Mechanical Inspection I Richard MNhalch Status: Completed Result: Approved Scheduled: 09/20/2021 12:00 AM Completed: 09/20/2021 08:33 AM Comments: AM PLEASE Rough - Electrical Inspection I Richard Mihalich Status: Completed Scheduled: 09/20/2021 12:00 AM Conversion Comment No Conversion Comments Result: Approved Completed: 09/20/2021 08:34 AM Rough - Plumbing Inspection I Richard Mihalich Status: Completed Result: Approved Scheduled: 09/20/2021 12:00 AM Completed: 09/20/2021 08:33 AM Conversion Comment No Conversion Comments Oaring Inspection | Richard Milhalich Status: Completed Result Approved Scheduled: 08/04/2021 12:00 AM Conversion Comment No Conversion Comments Completed: 08/04/202109:22 AM Framing Inspection | Michael German Status: Completed Result: Approved Scheduled: 07/27/2021 12:00 AM Completed: 07/27/2021 02:46 PM Comments: Scheduling Comment am 2ND FLOOR ROOF TRUSS INSPECTION ONLY (Yellow Highlighted) Dry-In/Rashing Inspection I Richard Mihench Status: Completed Result: Approved Scheduled: 07/23/2021 12:00 AM Completed: 07/23/2021 09:25 AM Comments Scheduling Comment AM Framing Inspection | Michael German Status: Completed Result: Disapproved (Yellow Highlighted) Scheduled: 07/22/2021 12:00 AM Completed: 07/22/202103:11 PM Comments: Scheduling Comment AM TRUSS PACKAGE NOT ON SITE, WINDOWS AND DOORS NOT INSTALLED (Yellow Highlighted) Roof/Sidewall Sheating Inspection I Michael German Status: Completed Result: Approved Scheduled: 07/14/2021 12:00 AM Completed: 07/14/2021 02:33 PM Comments: AM PLEASE. SOMEONE WILL BE AVAILABLE ON SITE FROM 8 AM TO NOON Rod/Sldewalk Sheating Inspection I Richard Mlhalich Status: Canceled Result: Canceled Scheduled: 07/13/2021 12:00 AM Completed: 07/13/2021 09:13 AM Comments: AM PLEASE PROVID AN AFFIDAVIT PLEASE PROVIDE A COMPLETED ROOF AND SHEATHING AFFIDAVIT FOR THIS INSPECTION Framing Inspection I Richard Mlhalich Status: Completed Result: Approved Scheduled: 07/06/2021 12:00 AM Completed: 07/06/2021 08:27 AM Comments: Scheduling Comment Bottom Plate Tiedown Framing Inspection | Derek Yossiton Status: Completed Result: Approved Scheduled: 07/06/2021 12:00 AM Completed: 07/06/2021 12:21 PM Comments: Drywall screw 1ST LAYER OF FIREWALL AT THE TRUSSES Final Inspection | Richard Mihalich Status: Completed Result: Approved Scheduled: 06/18/2021 12:00 AM Completed: 06/18/2021 09:31 AM Comments: Scheduling Comment AM please Lintel Inspection I Richard Mlhalich Status: Completed Scheduled: 05/13/2021 12:00 AM Comments: AM PLEASE Result: Approved Completed: 05/13/2021 08:50 AM SOIL TREATMENT Inspection I Michael German Status: Completed Scheduled: 03/23/2021 12:00 AM Conversion Comment No Conversion Comments Result: Approved Completed: 03/23/2021 11:15 AM SLAB Inspection I Richard Mlhalich Status: Completed Scheduled: 03/22/2021 12:00 AM Comments: INSPECTION LIMITS Result: Approved Completed: 03/22/2021 09:33 AM 1. NEED FORMBOARD SURVEY 2. NEED TERMITE TREATMENT CERTIFICATION 3. NEED COMPACTION RESULTS Rough - Plumbing Inspection I Richard Mlhalich Status: Completed Scheduled: 03/10/2021 12:00 AM Comments: AM PLEASE Result: Approved Completed: 03/10/2021 10:04 AM Fee Information Standard Item Standard Item Standard Item Standard Item Standard Item Standard Item Impact State Surcharge Impact Impact Impact Impact Impact Impact Standard Item Standard Item Permlt Valuation Fee Plan Review Income New - Electrical - Single Family New - Plumbing New - Mechanical - Residential Fire Plan Review Impact Fee - Concurrency Mngt. Fees 2.5 Percent Impact Fee - Fire/Rescue Impact Fee - General Government Impact Fee - Library Impact Fee - Parks/Recreation Impact Fee - Police Impact Fee - Sewer Sewer Tap Inspection Certificate Of Occupancy 175,000.00 943.50 175,000.00 471.75 1.00 110.00 2.50 175.00 1.00 85.00 37.50 37.50 1.00 100.00 1.00 45.01 74.39 74.39 105.71 105.71 80.03 80.03 151.55 151.55 128.29 128.29 1,348.80 1,348.80 1.00 25.00 1.00 50.00 Residential New Construction Permit | P21-0275 Property Information 24-37-23-CG-53-10 316 FILLMORE AVE Subdivision: AVON BY THE SEA Cape Canaveral FL, 32920 Lot: 10, 11,12 Block: 53 Name Information Owner: WITTEKIND ENTERPRISES INC; ABELES, RONALD; BABER E Phone: Occupant: Phone: Applicant: ABC Concrete Inc Phone: (321) 454-4240 Contractor: ABC Concrete Inc Phone: (321) 454-4240 Licensee: Andre Miguel Baez Phone: (321) 454-4240 License Issued: 10/20/2020 License 08/31/2024 Permit Information Date Issued: 03/09/2021 Work Description: NEW CONSTRUCTION - 2 story town homes Stipulations: Date Expires: 01/10/2023 Status: FINALED Final - Building Inspection | Micheal German (Yellow Highlighted) Status: Completed Scheduled: 07/14/2022 12:00 AM Comments: Scheduling Comment AM Result: Approved Completed: 07/14/2022 04:39 PM (-When was this ADDED?) Inspection Notes (Yellow Highlighted) Items needed and discussed at meeeting: Power not on, cannot check electrical. Ron to advise when this Is ready. Plumbing 95% complete. ACs not complete, need completed and started. Mlsc Finishes In units not complete (kithen and bath misc trims) (Yellow Highlighted) Ron is to advise the bldg dept. when the systems are complete and functioning, so we can complete the inspections. Inspection Notes Conditional CO Issued (Yellow Highlighted) Need to Correct 2nd Floor Bedroom Window Elevation. R310.2.2 Need to Submit As Bulk w/ Setback Dimensions. Pre -Power Inspecttion I Richard Mlhalich Status: Completed Scheduled: 06/09/2022 12:00 AM Comments: Inspection Notes Am Inspection for all 4 buildings Prepower Form Recleved 6-10-22 Inspection Completed On Site 6-9-22 Result: Approved Completed: 06/09/2022 10:43 AM Drlveway/WaII Impect on | Michael German Status: Completed Result: Approved Scheduled: 04/13/2022 12:00 AM Completed: 04/13/2022 02:36 PM Comments: INSPECTION LIMITS Driveway Apron Sidewalk Driveway Inspection | Michael German thoriatus: Completed Result: Approved Scheduled: 04/12/2022 12:00 AM Completed: 04/12/2022 02:07 PM Comments: Inspection Notes Sidewalk Pre -Pour Approved, Need to See Apron Pre -Pour. Insulation Inspection I Web Inspector Status: Canceled Result: Canceled Scheduled: 11/16/2021 12:00 AM Completed: 11/15/2021 02:05 PM Comments: Scheduling Comment Drywall screw Inspection Drywall Screw Inspection I Michael German Status: Completed Result: Approved Scheduled: 11/16/2021 12:00 AM Completed: 11/16/2021 01:49 PM Conversion Comment No Conversion Comments Insulation Inspection I Michael German Status: Completed Result: Partially Approved Scheduled: 10/26/2021 12:00 AM Completed: 10/26/2021 11:26 AM Comments: Replace polyiso at plumbing installation areas. Foam voids around windows and doors. Rough - Mechanical Inspedton I Richard Mlhalich Status: Completed Scheduled: 09/20/2021 12:00 AM Comments: AM PLEASE Result: Approved Completed: 09/20/2021 08:33 AM Rough - Electrical Inspection I Richard Mihallch Status: Completed Scheduled: 09/20/2021 12:00 AM Conversion Comment No Conversion Comments Result: Approved Completed: 09/20/2021 08:33 AM Rough - Plumbing Inspection I Richard Mlhalich Status: Completed Scheduled: 09/20/2021 12:00 AM Conversion Comment No Conversion Comments Result: Approved Completed: 09/20/2021 08:33 AM Framing Inspection 1 Richard Mlhalich Status: Completed Scheduled: 08/04/2021 12:00 AM Conversion Comment No Conversion Comments Result: Approved Completed: 08/04/2021 09:22 AM Framing Inspection I Michael German Status: Completed Result: Approved Scheduled: 07/27/2021 12:00 AM Completed: 07/27/2021 02:47 PM Comments: Scheduling Comment am 2ND FLOOR ROOF TRUSS INSPECTION ONLY Dry-In/Flashing Inspection I Richard Mihalich Status: Completed Result: Approved Scheduled: 07/23/2021 12:00 AM Completed: 07/23/2021 09:26 AM Comments: Scheduling Comment AM Framing Inspection I Michael German Status: Completed Result Disapproved Scheduled: 07/22/2021 12:00 AM Completed: 07/22/2021 03:12 PM Comments: Scheduling Comment AM TRUSS PACKAGE NOT ON SITE, WINDOWS AND DOORS NOT INSTALLED Roof/Sidewall Sheating Inspection I Michael German Status: Completed Result Approved Scheduled: 07/14/2021 12:00 AM Completed: 07/14/2021 02:32 PM Comments: AM PLEASE. SOMEONE WILL BE AVAILABLE ON SITE FROM 8 AM TO NOON Roof/Sidewall Sheating Inspection I Richard Mlhalich Status: Canceled Result: Canceled Scheduled: 07/13/2021 12:00 AM Completed: 07/13/2021 09:12 AM Comments: AM PLEASE PRIVIDE AN AFFIDAVIT PLEASE PROVIDE A COMPLETED ROOF AND SHEATHING AFFIDAVIT FOR THIS INSPECTION Framing Inspection I Richard Mlhalich Status: Completed Result: Approved Scheduled: 07/06/2021 12:00 AM Completed: 07/06/2021 08:27 AM Comments: Scheduling Comment Bottom Plate Tiedown Framing Inspection I Derek Yosslfon Status: Completed Result: Approved Scheduled: 07/06/2021 12:00 AM Completed: 07/06/2021 12:20 PM Comments: Drywall screw 1ST LAYER OF FIREWALL AT THE TRUSSES Lintel Inspection I Richard Mlhalich Status: Completed Result: Approved Scheduled: 06/18/2021 12:00 AM Completed: 06/18/2021 09:31 AM Comments: Scheduling Comment am Lintel Inspection I Richard Mlhalich Status: Completed Result: Approved Scheduled: 05/13/2021 12:00 AM Completed: 05/13/2021 08:49 AM Comments: AM PLEASE SLAB Inspection I Richard Mihalich Status: Completed Result: Approved Scheduled: 03/22/2021 12:00 AM Completed: 03/22/2021 09:33 AM Comments: INSPECTION LIMITS 1. NEED FORMBOARD SURVEY 2. NEED TERMITE TREATMENT CERTIFICATION 3. NEED COMPACTION RESULTS Rough - Plumbing Inspection I Richard Mihalich Status: Completed Result: Approved Scheduled: 03/10/2021 12:00 AM Completed: 03/10/2021 10:04 AM Comments: AM PLEASE Inforamtion Standard Item Permit Valuation Fee 175,000.00 943.50 Standard Item Plan Review Income 175,000.00 471.75 Standard Item New - Electrical - Single Family 1.00 110.00 Standard Item Standard Item Standard Item Impact State Surcharge Impact Impact Impact Impact Impact Impact Standard Item Standard Item New - Plumbing New - Mechanical - Residential Fire Plan Review Impact Fee - Concurrency Mngt Fees 2.5 Percent Impact Fee - Fire/Rescue Impact Fee - library Impact Fee - General Government Impact Fee - Parks/Recreation Impact Fee - Police Impact Fee - Sewer Sewer Tap Inspection Certificate Of Occupancy 2.50 1.00 37.50 1.00 1.00 74.39 1.00 1.00 1.00 1.00 1.00 1.00 1.00 175.00 85.00 37.50 100.00 45.01 74.39 80.03 105.71 151.55 128.29 1,348.80 25.00 50.00 Attachment 3 Kimley>»Horn February 15, 2024 Mr. Todd Morley City Manager City of Cape Canaveral 100 Polk Avenue Cape Canaveral, FL 32920 Re: Fillmore Avenue Duplex Site Review— Cape Canaveral, FL Proposal for Civil Engineering Services Dear Mr. Morley: Kimley-Hom and Associates, Inc. ('Kimley-Hom' or 'the Consultant) is pleased to submit this proposal to The City of Cape Canaveral ('the Client' or "the City') for providing professional services related for the Fillmore Avenue Duplex Site Review ('Project') in accordance with the terms of the Master Signed Agreement between the City of Cape Canaveral and Kimley-Hom dated July 31, 2023. PROJECT UNDERSTANDING It is our understanding that the City has been notified of potential drainage infrastructure and site work not constructed per the approved plans for a residential site off Fillmore Avenue. It is also our understanding that a Certificate of Occupancy has been issued for the residential units. It is understood that the existing site is currently under construction within the drainage swale due to the relocation of overhead power and that there may be conflicts to the swale due to the construction. It is understood that the swale will be regraded once the work is complete. The Client has requested that the Consultant perform a site visit to include the observation of the existing drainage system, review project documents uploaded to BS&A rthe Client's E-permitting Portal'), compare the site plan regarding the grading and drainage as-builts (with the understanding they will be superseded) compared to the original approved plans and Client's current code standards. Following the review, Kimley-Hom Is to prepare a memorandum summarizing the findings and recommendations. The Project consists of 2-duplexes totaling 4 units and associated infrastructure. The Project is located approximately 1,000 feet east of A1A along Fillmore Avenue. The parcel numbers are as follows: 24-37-23-67-*-1 24-37-23-67 -*-2 24-37 23-67-*- 3 24-37-23-67-*-4 Based upon this understanding, our proposed Scope of Services, Schedule, and Fee are as follows: Kimley-hor.com 7341 Office Park Place Suite 102 Melbourne, FL 32940 321 430 1138 Page 2 Kimley»>Horn SCOPE OF SERVICES TASK 1.0 - SITE VISIT The Consultant will meet with the Client's representatives onsite to conduct a site visit of the project. The Consultant will visually observe the current conditions to include the drainage system with the intended design associated with the original approved plans. The Consultant will notify the Client prior to the site visit so that the Client can notify the homeowners. TASK 2.0 - PROJECT DOCUMENT REVIEW The Consultant will review applicable project documents uploaded to BS&A, including approved construction plans, as -built surveys, drainage design report (if available), comment setters or project correspondence with City staff, and approved modification and/or waiver requests. The consultant will compare the site grading and drainage as-builts with the original approved plans and City's current code standards. TASK 3.0 - MEMORANDUM The Consultant will provide a memorandum to the Client summarizing the findings of the tasks performed above. If there are deviations found in the field or in the as-buslts, the Consultant will provide recommendations to the City based upon current City code, and a comparison with plans submitted by Allen Engineering. Civil construction plan modifications are not included within this scope. ADDITIONAL SERVICES Any services not specifically provided for in the above scope will be billed as additional services and .performed at our then current hourly rates. Additional services we can provide include, but are not limited to, the following: • Survey and geotechnical data collection • Temporary Traffic Control Pions ( "TTC P") • Civil Construction Plan Modifications • Construction Phase Services • Drainage Design and Permitting • Public Meetings • Additional meetings or site visits not outlined within the scope of services. INFORMATION PROVIDED BY CLIENT Kimley-Hom will rely upon the accuracy and completeness of all documents, surveys, reports, plans and specifications provided by the Client, the Client's consultants or by others for whom Kimley-Hom is not legally responsible. The Client acknowledges that verifying the accuracy and completeness of such items is not part of the Kimley-Hom's scope of services. The following information will be provided by the Client • Access to the site • Project Documents uploaded to BS&A Kimley-horn.com 7341 Office Park Place, Suite 102, Melbourne, Fl 32940 321 430 1138 Kimley»>Horn Page 3 SCHEDULE Kimley-Horn will provide services as expeditiously as possible to meet a mutually -agreed -upon schedule. FEE AND BILLING Kimley-Hom will perform the services in Task 1 through Task 3 for the lump sum fee of $7,250. In addition to the lump sum fee, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.15 times cost. All permitting, application, and similar project fees will be paid directly by the Client. Task Description Fee 1.0 SITE VISIT $1,000 2.0 PROJECT DOCUMENT REVIEW $3,500 3.0 MEMORANDUM $2,750 Total Lump Sum Labor Fee $7,250 kirnley-horn.com 7341 Office Park Place, Suite 102, Melbourne, FL 32940 321 430 1138 Kimley»>Horn Page 4 CLOSURE Kimley-Horn, in an effort to expedite invoices and reduce paper waste, submits invoices via email in an Adobe PDF format. We can also provide a paper copy via regular mail if requested. Please include the invoice number and Kimley-Hom project number with all payments. Please provide the following information: Please email all invoices to invoicase city of cape canaveral.org ✓ Please copy d.dickey@cityofcapecanaveral.org If you concur In all the foregoing and wish to direct us to proceed with the services, please issue the appropriate work authorization under our Continuing Consultant Contract, dated July 31, 2023. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Tucker Hunter, P.E. Project Manager Agreed to on this 20th day of Feb, 2024 CITY OF CAPE CANAVERAL SIGNED: PRINTED NAME: Todd Morley TITLE: City Manager Kinan Husainy, P.E. Vice President kimley-horn,com 7341 Office Park Place, Suite 102, Melbourne, Fl.. 32940 321 430 1138 ISSUES 1. Records are available 2. 12/13- Regardless of (illegible) way is it there: 3. (illegible) permit issued no engineer The level went through not the same as other around her. 12/14 * 1. Not ch Attachment 4 The following report includes a chronology of Cape Canaveral Code Enforcement activity related to 116/118/120 Jackson Avenue between the dates of February 11, 202 and February 7, 2024. Records prior to February 11, 2022 are not available. - not accurate. Go into PRR Last 2019 112-120 Jackson 1 Nove 2. Reports 2/11/2022 Spoke with the owner of the thrift shop and informed him of complaint. Staff pointed out the violation of blocking the sidewalk with the umbrella and Chairs. He will raise the height of the umbrellas so people can walk through unobstructed. The chairs are not in violation since there is five feet in front of the chairs they sit in to allow for unobstructed pathway in front of his store. No extension cords were observed and the thrift store owner says he is not open at night to need lights. While on site the thrift owner and the resident upstairs complained that the bar owner is taking all the parking spots up and parking at other locations. Staff counted 15 total parking spaces and three are allocated to the thrift store leaving 12 for the bar. A check of the number of seats in the outside area revealed approximately 90 seats plus whatever is inside the bar. 2/16/2022 Another complaint came in that the thrift store owner is blocking the sidewalk with a chair he is sitting in. A site visit found the thrift store owner and a friend sitting in chairs at the end of the sidewalk in the white stripped no parking area, not blocking the sidewalk. No violation observed at this time. 3/9/2022 — Senior Code Officer met with the owner of Ellie Mea's to address her concerns. Each code concern was discussed and the owner was informed that all code violations on the property will be address@d through code enforcement, during the site visit. 3/22/2022 - Staff received a complaint concerning the Christmas lights hanging from the thrift store. Staff has been informed that the lights need to be approve by the appearance board if they are going to be permanent, otherwise they need to be taken down daily and made temporary. Staff spoke with the thrift store owner and informed him of the issue. He advised he will remove the lights. During this discussion he asked why nothing is being down about the parking and overcrowding at the bar. Staff informed him we are working on it. Staff looked further into the parking issue and found that Ellie Mays Tiki Bar BTR states there are 198 seats at the establishment. This requires the bar to have a minimum of 66 parking spaces. The establishment also only has 1 men's and 1 women's bathroom and code requires a bathroom for every 40 customers, this requires an additional 2 men's and 2 women's bathrooms. * 12/13/22 - Staff received a call from the property owner, Shane Reynolds, about issues he is aving with his tenant Peggy Schaller. He advised that she is trying to take over the property and not allow his other tenant any parking spaces for his business. She is now suing him for not providing enough parking spaces to operate her bar. Staff advised Shane that when Peggy purchased the bar the seating was in compliance with code based on the number of seats the establishment had. Peggy enlarged the bars capacity with outside seating without the City's knowledge or approval. The property is unable to accommodate parking for the new capacity. The City is currently discussing options on this issue. Shane then said Peggy has told him she will not be paying her rent and has made comments that she will be taking his property. Question: Accurate: Reg doesn't think - Thur or false does not matter - Why is this in a staff report? 5-18-23 - Staff received a complaint from Peg Schaller that individuals are living in the garages on the property. The Sheriff's Office spoke with staff a few days ago about them kicking people out living in the detached garage. Staff conducted a site visit and placed caution tape blocking the entrance. Where? Entr. The Sheriff's Office spoke with staff a few days ago about people living in the detached garage. They advised they kicked her out again, but she will return. They cannot arrest her unless the property owner signs an affidavit authorizing individuals trespassing to be arrested. The individual is the niece of Shane Reynolds. 5/24/23 - Conducted a site visit; but unable to confirm living in the garages. Unable to reach property owner. 12/5/22 - Deputy/Director/Code Manager was forwarded an email requesting the disposition of complaints brought up during a site visit with the CED Director, Below is the disposition of those complaints. he adjacent property at 7802 Atlantic Ave resurfacing and laying on new asphalt over an area that was previously dirt without a permit or the need for a water mitigation to prevent additional strain on our storm water system. Their new asphalt is not level and water runs onto our property during heavy rains. The asphalt also has encroached over the property lines and is covering our blue handicap striping. They have a new parking space that once a car is parked in, the front or rear bumper of the car encroaches on our handicap parking space. • Staff already had an open case on this: • 2/15/2022 Staff observed almost the entire parking lot being paved. Staff spoke with Vincent Keenan and informed him a permit is required. He advised that a company from Georgia had some left over asphalt and gave him a good deal to patch the parking lot. Staff informed him its more than just a patch job, they did about 75% of the parking lot. He said he would go ahead and get a permit. • 1/23/2023 A courtesy letter was sent to the owner to obtain a permit. • 6/12/2023 Peg Schaller contacted staff inquiring about the paved parking lot because they just stripped it. A search of the database found the paving permit application was denied for being owner builder and not a licensed contractor. Vincent Keenan never found a contractor to complete the permit process. • 6/12/2023 Staff reached out to Vincent and inquired about the permit. He said he thought it was good because it was just a patch job. Staff again informed him that it is more than that and it needs a permit submitted by a contractor. He said he would take care of it. • Later that same day staff received a call from a roofing company asking if they were able to obtain the paving permit for the parking lot. Staff informed them they need a license for that particular work, that a roofing license does not cover it. They said they would relay that to Mr. Keenan. 8/9/2023 a permit was issued nd on 08/9/2023 a final inspection was conducted, passed and the permit was finaled. How See? 12/14/2023 Staff was made aware that a portion of the parking area was never previously paved when the permit was obtained and finaled. This newly paved area would have required St Johns River Water Management approval and an engineer to evaluate for water runoff. Kimley Horn conducted a site visit along with staff and the property owner. Kimley Horn listed the following: • Landowner is going to follow up with his contractor to see if a SJRWMD permit was obtained. • If a permit was not obtained, the Landowner should coordinate with SJRWMD to obtain a permit for the parking lot expansion. I've attached and highlighted applicable code sections from SJRWMD Permit Information Manual and F.A.C. that the modification may require a permit. • The application can be verified by using the following link http://webapub.sjrwmd.com/agws10/sjrwmdpermit/ • If SJRWMD determines the modification does not require a permit, then at that time we can provide a recommendation on how to proceed such as installing pervious pavement, dry retention, or other stormwater BMPs. • 1/23/2024 A courtesy letter was sent with the St Johns River recommendations. • 2/26/2024 The courtesy letter was returned as unclaimed. • 2/27/2024 Courtesy Notice was hand delivered to the property owner. Property owner was given ten days and a reinspection was scheduled for 3/8/2024. The trailer across the street(behind Circle K) is still in a partial demolition state and is not only a huge eye sore but a haven for rodents. Staff contacted the property owner and informed him he needed to remove the dilapidated trailer and it required a permit to do so. 6/14/2023 a demo permit was issued, The permit was finaled on 1/30/2024. The garage attached to 118 Jackson Ave has not been cleaned or secured. Staff conducted a site visit and observed trash and debris in the rear of the property. Staff also observed the garage door was open however was not viewable from the ROW. Staff made contact with the property owner who stated he would have the area cleaned. Staff conducted a site visit the following week and observed the area in question had been cleaned. Staff also placed more caution tape around the stairs entrance to warn individuals not to enter. The property owner has boarded the garage entrance and the area has been cleaned in accordance with the Magistrates Order. The upstairs address at 120 AB have been condemned for safety due to a hole in the ceiling and no power, but there is nothing blocking access to it, so people are coming and going from up there all hours of the night. CE Staff has regularly visited the site along with BCSO and placed caution tape blocking the entrance. BCSO has also removed individuals. The stairs have been boarded up in accordance with staff's recommendation and the Magistrates Order. During a magistrate hearing concerning the fire damage to this property Peg Schaller complained that homeless are living in a side lean-to storage room along the outside garages. She also said the second attached store room garage door is broken and the Thrift Store is plugging in extension cords for power because the fire damaged the electrical system. • 1/24/2024 Staff conducted a site visit with Fire Inspector Jeff Roberts to look at the extension cord complaint. Staff observed an exterior outlet with a plastic weatherproof covering along the wall next to the boarded -up garage. There were two extension cords coming out and then through a hole in the boarded -up garage to run a couple of lights for the Thrift Store. The Thrift Store owner, Cowboy, said the fire damaged his electrical box and he has no power. Jeff Roberts explained that extension cords are a temporary usage and can only be used for 90 days. Cowboy then complained about the Tiki Bar running extension cords all throughout the back area to run lights and other things back there. Staff did not enter that area of the restaurant at this time. Staff informed Cowboy that his electrical needs to be fixed or he cannot open his store to the public. • Staff then looked at the second garage in the complaint and found the door had been removed essentially creating a covered lanai in the rear of the Thrift Store. There is a door in the back of the garage that is kept locked when the business is closed. There is no violation with this garage unit. • The third issue of individuals living in the lean-to was looked at. There is a six foot gate going across the front and a six foot fence in rear of the roof coming off the side of the separate garage bays. The gate has a lock on it and no one was present inside. Inside was random items stored but nothing to indicate this is being used to live in. • 1/25/2024 Staff conducted a follow up visit to see if anyone was living in the lean-to, but no one was there and the gate was still locked. The interior looked undisturbed from what I observed the day before. I spoke with Cowboy who informed me he and the property owner discussed the electrical issue and Beach Electric is coming out to see what they can do about getting electrical restored. 2/7/2024 Met with the Peg Schaller regarding the extension cord complaint that was filed against Ellie Mea's. The Fire Inspector did not find any violations at this time. 1 Attachment 5 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 also provided. Code Enforcement Officer Certification: (who Fl Law or Code or Admin interial 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, you must meet the 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 their certifications. Brian Palmer CED Deputy Director/Code Enforcement Manager: Current on Certs - 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. 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 May 21, 2024 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:14 p.m. Mayor Pro Tem Kellum led the Pledge of Allegiance. Mayor Morrison apologized for the delayed start due to the prior Community and Economic Development Board Meeting running long. ROLL CALL: Council Members Present: Council Member Council Member Mayor Pro Tem Mayor Council Member Kim Davis Kay Jackson Mickie Kellum Wes Morrison Don Willis Others Present: City Manager City Attorney City Clerk Administrative/Financial Services Director Capital Projects Director Community + Economic Development (C+ED) Dir. C+ED Deputy Director Human Resources/Risk Management Director Parks, Recreation + Community Affairs (PRCA) Dir. PRCA Deputy Director Executive Assistant to City Manager/Office Manager Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant Todd Morley Anthony Garganese Mia Goforth John DeLeo Tim Carlisle Dave Dickey Brian Palmer Natalie Harmon Molly Thomas John Mayberry Lisa Day Byron Keck Scott Molyneaux APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: A motion was made by Council Member Willis, seconded by Council Member Davis, to approve the Agenda as written. Mayor Morrison discussed Item 11. Discussion ensued. Council reached unanimous consensus to withdraw the motion on the floor. A motion was made by Council Member Jackson, seconded by Mayor Pro Tem Kellum, to move Item 11 into Items for Discussion. Motion carried 4-1, with Council Member Davis voting against. PRESENTATIONS/INTERVIEWS: Interview applicant for appointment to the Board of Adjustment. (Arvo Eilau): City Attorney Garganese confirmed information contained in Mr. Eilau's application to be true and correct. Mr. Eilau discussed reasons for interest in serving on the Board. Council thanked Mr. Eilau. PUBLIC PARTICIPATION: John Benton, visitor, discussed a Code reduction hearing, and was escorted out of Council Chambers by the Sergeants at Arms for breaking decorum after the Chair's warning to stay focused and avoid boisterous behavior. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • May 21, 2024 Minutes • Page 2 of 3 CONSENT AGENDA: Mayor Morrison removed Item 4. 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) A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to approve Consent Agenda Items 1, 2 and 3. The motion carried 5-0. #4. Discussion ensued regarding Advisory Board Procedures. A motion was made by Council Member Davis, seconded by Council Member Willis, to approve Resolution No. 2024-03. The motion carried 5-0. ITEMS FOR ACTION: 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: City Manager Morley explained the Item. Discussion ensued. City Attorney Garganese clarified the 5.0% rate increase was approved already, a resolution is required to decrease or increase that rate, and noted the complicated process to do so. Discussion ensued. Financial Services Director DeLeo discussed Council action will be required by July 15, 2024 in order to give the City of Cocoa enough time to upload new rates, and that there is no way to predict revenue from Capital Improvement Projects that Council has yet to approve. No action was taken. 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: City Manager Morley explained the Item, and clarified that the draft Resolution should reflect immediate vesting at six months rather than the day someone is hired, and the employer paid contributions need to align with that time period. Discussion ensued. Council reached consensus to direct Staff to amend Section 1 of the draft Resolution to reflect a six-month probationary period for vesting with employer contributions to begin at that time, bring the Item back to the June 18, 2024 City Council Regular Meeting, and provide financial impacts of the current rate structure versus the proposed. Mayor Morrison recessed the meeting at 7:39 p.m. The meeting reconvened at 7:53 p.m. ITEMS FOR DISCUSSION: 7. Discussion regarding Resolution 2022-28 (Submitted by Council Member Davis): Council Member Davis explained the Item. Discussion ensued. City Attorney Garganese explained the Resolution's intended purpose is to provide guidance for the City Council to follow. City Manager Morley discussed City Manager/Council Member one-on-one meetings versus conducting a public meeting with the entire Council for preparation before City Council Regular Meetings, and offered to find out whether other cities conduct the latter from the Space Coast Managers Association. Patrick Campbell, resident, discussed support for conducting City Council workshops to prepare for the agenda versus one on one meetings with the City Manager. No action was taken. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • May 21, 2024 Minutes • Page 3 of 3 8. Discuss possible changes to permitting due to hardship on condos during insuring process. Roof Recoating Investigation, Scarification (Submitted by Council Member Jackson): Council Member Jackson explained the Item. Discussion ensued. C+ED Director Dickey explained either Staff would be inspecting installations or the City would have to hire a third party to provide the expertise required to determine whether roof coatings are properly installed. City Attorney Garganese discussed permitting requirements under the Florida Building Code for roof coverings versus roof coating that does not, that insurance underwriters requirements are currently outside of the City's control, and inquired if Council desires a draft ordinance to require a permit for roof coatings. City Manager Morley noted mobile homes are exempt from the Florida Building Code, superseded by the Florida Department of Motor Vehicles. Council reached consensus for the City Attorney to draft an ordinance to require a permit for roof coatings. 9. Attendance to the State of Florida's Training for Emergency Management Symposium Leading from the Trenches. (Submitted by Council Member Jackson): Council Member Jackson explained the Item. Discussion ensued. Council reached consensus to fund the hotel and per diems, and report back to the City Council in a format to be determined. 10. Update to the January 24, 2024 Special Council Meeting. (Added to Items For Discussion by Council vote to Amend the Agenda): Mayor Morrison explained the reason for moving the Item under Discussion, concerns over previous requests to do so, and previous requests for access to BS&A. City Manager Morley discussed access levels in BS&A, server based versus cloud based databases, and explained the purpose of the email to Council on Friday, May 10, 2024 regarding opening up access to BS&A modules (see attached). City Attorney Garganese discussed concern over access to health records in certain modules of BS&A software, some of which may have protected information that Council could stumble upon, and expressed hope that Council is protected. City Manager Morley expressed Staff's desire in giving access to the areas of BS&A that Council is interested in viewing. Council reached consensus to receive future BS&A training through Administrative/Financial Services Director DeLeo, and to ensure Staff keeps the Update to the January 24, 2024 Special Council Meeting on the City Council Regular Meeting Agenda monthly as a Discussion Item and not an Informational Item. Discussion ensued. A motion was made by Council Member Jackson, seconded by Mayor Pro Tem Kellum, adjourn the meeting. Discussion ensued. The motion carried 5-0. ADJOURNMENT: The Meeting was adjourned at 10:03 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk Attachment to the May 21, 2024 City Council Regular Meeting From: Todd Morley Sent: Friday, May 10, 2024 5:01 PM Cc: Directors; Anthony Garganese Subject: BS&A read-only access Good afternoon City Council, At City Council's request, Staff has been directed to provide BS&A read-only access to the computer located in the Mayor's office and the computer located in the Councilmember's office. Prior to implementing this we must ensure that access is not granted to information which is protected. It is my duty to protect the confidentiality, integrity, and availability (CIA) of information of employees, vendors, and your constituency. Some data in BS&A is protected data that is not available to the public and only available to very few staff members, on a need -to -know basis. Access is granted by actual employee function, not by position. For example, BS&A contains personally identifiable information (PII), Health Insurance Portability and Accountability Act (HIPAA) data, and other data protected under the Privacy Act of 1974 of employees and residents. It is my duty to ensure safeguards are in place to protect employees and the City from actions that could tarnish the City's reputation or get the City or its employees into legal or ethical troubles due to misuse of protected data, including granting unauthorized access. Unauthorized access to PII, HIPAA, and other protected data, including inadvertent access, could incur steep penalties, both civil and criminal. I myself do not have full access to BS&A, as there is private data, exempt from my need -to -know. My limited access also supports my commitment to reduce the City's exposure to liability. I only have those accesses required to conduct my duties as City Manager. I also do not believe it is Council's desire to have access to protected data. We are confident that we are able to put appropriate safeguards in place to prevent unauthorized access to protected data, to prevent running afoul of state and federal laws. What we will need to do is work cooperatively toward this goal, by following a step by step approach. Step 1: City Councilmembers are requested to submit their desired areas of interest (i.e. code enforcement, building permits, business licenses, etc.). This can be by email to me. Step 2: Appropriate city staff will review the appropriate software for any possible connection to protected information and work to place appropriate safeguards (effectively blocking access to protected information). No other blocking, beyond this, is to take place. Step 3: Once sufficiently restricted, City staff will create access to read-only data to those requested areas on those two computers. A few related matters: Please remain mindful of the City Council Code of Conduct Sec. 2-28(b), pasted below: I understand that a councilmember does not manage the affairs of the city. I will not intrude into daily operations or spheres of responsibility designated by Florida Statutes, City Code, and City Charter to the city manager as the chief executive officer; or undermine the city manager's lawful authority. Further, I understand that the city manager is responsible for administering the policy direction established by a majority vote of the city council and not the policy wishes of one individual councilmember. Creating new report templates in BS&A is an administrative duty. Staff will create new report templates based on Councilmember requests. Public records creation and retention. With access to BS&A, I understand that City Council will also want to be able to produce reports generated by BS&A. These reports will constitute Public Records. 1 Public records need to be managed in such a way as to comply with Florida's broad public records laws. Accordingly, this is another reason to implement safeguards, to ensure that these Public Records are preserved and protected. Public Records safeguards for reports generated on BS&A by City Councilmembers will be addressed separately, after additional consideration. These safeguards themselves are exempt from public disclosure. For these reasons, it is requested that Council first identify the information of highest value, so that staff can start our review for appropriate safeguards in those areas of access. Thank you and have a great weekend! Todd 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.org to capecanaveral.gov Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. 2 ITEM # 3 DRAFT CITY OF CAPE CANAVERAL CITY COUNCIL 2nd CAPITAL IMPROVEMENT PLAN WORKSHOP MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Thursday May 23, 2024 4:30 p.m. MINUTES CALL TO ORDER: City Attorney Garganese advised Council that a quorum of three was present and a Chair would have to be selected in the absence of the Mayor and Mayor Pro Tem. City Council reached consensus for Council Member Willis to chair the Workshop Meeting. Council Member Willis called the Workshop Meeting to Order at 4:45 p.m. Council Member Davis led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member Council Member Mayor Pro Tem Council Member Kim Davis Kay Jackson Mickie Kellum (arrived 4:56 p.m.) Don Willis Council Members Absent: Mayor Wes Morrison Others Present: City Manager City Attorney Deputy City Clerk Administrative/Financial Services (AFS) Director AFS Senior Accountant AFS Financial Analyst Capital Projects Director Community + Economic Development (CED) Dir. CED Senior Planner CED Resilience Engineering Services Manager Human Resources/Risk Management Director Parks, Recreation + Community Affairs (PRCA) Dir. PRCA Community Engagement Manager Public Works Services (PWS) Director PWS Deputy Director Brevard County Sheriff's Office (BCSO) Commander BCSO Lieutenant PUBLIC PARTICIPATION: None. Todd Morley Anthony Garganese Daniel LeFever John DeLeo Joey Blacker Cheryl Puleo (arrived 5:08 p.m.) Tim Carlisle David Dickey Kyle Harris Alexis Miller Natalie Harmon Molly Thomas Amy Moody June Clark Jessica Erdman Byron Keck Scott Molyneaux ITEM FOR DISCUSSION: Review and discuss Capital Improvement Plan (CIP) items presented to the City Council at the April 4, 2024 CIP Workshop Meeting, as well as updated CIP items; provide direction to Staff: City Manager Morley discussed the purpose of the Workshop Meeting City of Cape Canaveral, Florida DRAFT City Council 2nd Capital Improvement Plan Workshop Meeting Thursday, May 23, 2024 - Minutes Page 2 of 2 in relation to the April 4, 2024 Workshop Meeting. AFS Director DeLeo noted revised CIP summaries that had been handed -out to City Council at the dais (Attached). Discussion ensued. Mayor Pro Tem Kellum arrived at 4:56 p.m. and assumed duties of chairing the Meeting. Discussion continued. City Council reached consensus to add a Stormwater CIP for research and design of a stormwater retention pond at the western -end of Long Point Road for inclusion in the FY 2024/2025 Budget. City Council reached consensus to postpone the Long Point Road resurfacing CIP (IM-8) to FY 2025/2026. Discussion continued. City Manager Morley summarized the discussions and requested City Council direction on the revised CIPs, as attached, via consensuses. City Council reached consensuses to: • Keep CED-1 as -is. • Keep FR-1 through FR-8 as -is. • Keep IM-1 through IM-4, IM-6, IM-7, and IM-9 through IM-13 as -is. • Push IM-5 and IM-8 to FY 2025/2026, with IM-5 to include research and potential implementation of corrosion-resistant/protective-coated components. • Keep RD-1 and RD-2 as -is. • Keep PRCA-1 through PRCA-10 and PRCA-12 as -is, with PRCA-12 to include research and potential implementation of bollards at the entrance of the beach crossover. • Push PRCA-11 to FY 2025/2026. • Keep LB-1 as -is. • Keep CR-1 through CR-6 as -is. • Keep WW-1 through WW-19 as -is. • Keep SW-1 through SW-8 as -is. • Add research and design of a stormwater retention pond at the western -end of Long Point Road as SW-9 for FY 2024/2025. NEXT STEPS: Discussion ensued. AFS Director DeLeo stated the Proposed Budget will be ready June 30, 2024; City Manager Morley noted the upcoming July 16, 2024 Budget Workshop Meeting. ADJOURNMENT: A motion was made by Council Member Willis, seconded by Council Member Davis, to adjourn the Workshop Meeting. The Workshop Meeting was adjourned at 7:10 p.m. Daniel LeFever, Deputy City Clerk Mickie Kellum, Mayor Pro Tem Attachment to the May 23, 2024 City Council 2nd CIP Workshop CITY OF CAPE CANAVERAL CAPITAL IMPROVEMENT PROGRAM GENERAL FUND SUMMARY FIVE YEAR PLAN FY FY FY FY FY Grant 2024-25 2025-26 2026-27 2027-28 2028-29 Funding CIP# COMMUNITY AND ECONOMIC DEVELOPMENT CED-1 Economic Development Action Plan-Update 50,000 TOTAL CED 50,000 - - - - - CIP# 'FIRE/RESCUE SERVICES FR-1 Vehicle Replacement 35,000 35,000 40,000 40,000 42,500 FR-2 Fire Fighting Equipment 25,000 35,000 35,000 40,000 40,000 FR-3 Radio Equipment 25,000 25,000 25,000 25,000 30,000 FR-4 New Fire Vehicle 450,000 500,000 FR-5 Medical Equipment 25,000 25,000 25,000 30,000 FR-6 Computer-Vehicle 12,500 13,000 15,000 FR-7 Air Conditioner Replacement(s) 20,000 20,000 FR-8 Building Equipment 7,000 4,000 19,000 14,000 11,500 I TOTAL FIRE/RESCUE 599,500 99,000 177,000 144,000 669,000 - CIP# (INFRASTRUCTURE MAINTENANCE ' IM-1 IM Building Replacement 700,000 800,000 IM-2 IM Vehicle Replacements 55,000 IM-3 Beach Crossover Improvements 34,500 20,700 34,500 20,700 34,500 IM-4 Central Boulevard Improvements 250,000 IM-5 City Hall Air Conditioning Replacement 350,000 IM-6 BCSO Cape Canaveral Precinct Rooftop Solar Array 180,000 735,000 IM-7 Oak Lane Improvements 550,000 IM-8 Roadway Repair and Replacement 250,000 175,000 350,000 IM-9 New Bucket Truck 260,000 IM-10 C5 Energy Storage System Project 110,000 75,000 IM-11 Thurm Boulevard Improvements 1,480,000 IM-12 Portable Generator 110,000 75,000 IM-13 City Hall Office Buildout 108,000 I TOTAL IM 2,877,500 1,505,700 1,184,500 270,700 34,500 285,000 CIP# RESILIENCY DIVISION RD-1 Resilience Division Fleet Vehicle Upgrade 26,000 RD-2 Banana River Park Shoreline Enhancement Design Study 60,000 60,00 I TOTAL RESILIENCY 86,000 - - - - 60,000 CIP# (PARKS RECREATION+COMMUNITY AFFAIRS PRCA-1 PRCA Department Vehicle Replacement 20,000 20,000 PRCA-2 Replacement of Entrance Sign 16,000 PRCA-3 Park Redevelopment 100,000 115,000 1,250,000 PRCA-4 Tennis Court Resurface 115,000 PRCA-5 Rovers Space West 90,000 PRCA-6 Manatee Sanctuary Park Infrastructure Upgrades 30,000 20,000 10,000 PRCA-7 Banana River Kayak Master Plan 150,000 135,000 PRCA-8 Gymnasium Court Dividers 20,000 PRCA-9 Center Street Park Upgrades 70,000 PRCA-10 Community Garden Redevelopment 90,000 PRCA-11 Canaveral City Park Tennis Courts 70,000 335,000 PRCA-12 Ridgewood Crossover and Memorial Pavers 10,000 I TOTAL PRCA W 245,000 761,000 275,000 1,385,000 - - TOTAL GENERAL FUND I $ 3,858,000 $ 2,365,700 I $ 1,636,500 I $ 1,799,700 I $ 703,500 I $ 345,000 GRAND TOTAL FY2025-FY2029 $ 10,363,400 CITY OF CAPE CANAVERAL CAPITAL IMPROVEMENT PROGRAM LIBRARY FUND SUMMARY FIVE YEAR PLAN FY FY FY FY FY 2024-25 2025-26 2026-27 2027-28 2028-29 CIP# LIBRARY FUND LB-1 Books,DVDs,Audio Books 30,000 30,000 30,000 30,000 30,000 I TOTAL $ 30,000 $ 30,000 $ 30,000 $ 30,000 $ 30,000 GRAND TOTAL FY2025- FY2029 $ 150,000 CITY OF CAPE CANAVERAL CAPITAL IMPROVEMENT PROGRAM CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY FUND SUMMARY FIVE YEAR PLAN FY FY FY FY FY Grant 2024-25 2025-26 2026-27 2027-28 2028-29 Funding CIP# CRA FUND CR-1 Canaveral City Park Redevelopment 12,000 400,000 CR-2 Civic Hub 1,050,000 CR-3 Presidential Streets 1,600,000 1,600,000 1,600,000 1,600,000 1,600,000 CR-4 Traffic Safety Public Art Installation 15,000 6,500 Canaveral Fire Rescue Station #53 CR-5 16,000 Enhaced Lightning Protection System CR-6 Canaveral City Park Concession Stand 315,000 TOTAL CRA $ 3,008,000 $ 2,000,000 $ 1,600,000 $ 1,600,000 $ 1,600,000 $ 6,500 GRAND TOTAL FY2025-FY2029 $ 9,808,000 CITY OF CAPE CANAVERAL CAPITAL IMPROVEMENT PROGRAM WASTEWATER ENTERPRISE FUND SUMMARY FIVE YEAR PLAN FY FY FY FY FY Grant 2024-25 2025-26 2026-27 2027-28 2028-29 Funding CIP# WASTEWATER ENTERPRISE FUND WW-1 RAS Pump/Motor Replacement 65,000 WW-2 Internal Recycle Pump/Motor Replacement 75,000 WW-3 Reclaimed Water Pump/Motor Replacement 65,000 WW-4 Lift Station Pump Replacements 60,000 60,000 60,000 60,000 65,000 WW-5 VFD Installation 38,000 45,000 WW-6 Mixer Replacements 10,000 12,000 12,000 12,000 13,000 WW-7 Piermount Mixer Rehabilitation 72,000 75,000 WW-8 Special Laboratory Equipment 18,000 18,000 18,000 20,000 22,000 WW-9 Vehicle Replacements 45,000 125,000 WW-10 Valve Replacements 35,000 35,000 35,000 40,000 40,000 WW-11 Air Conditioner Replacements 12,000 15,000 WW-12 Wastewater Facility Fence Replacement 100,000 WW-13 Sodium Bisulfate System 5,000 5,500 6,000 25,000 6,500 WW-14 Sanitary Sewer GIS Mapping 100,000 100,000 100,000 WW-15 Collection System Upgrade 40,000 40,000 40,000 45,000 50,000 WW-16 Blower Pipe for Effluent Transfer 100,000 350,000 WW-17 Pump Enclosure Structures 1,560,000 Resilience Operations+ WW 18 Utility V2X Energy Backup System 170,000 127,500 WW-19 Vac Truck 540,000 TOTAL WASTEWATER ENTERPRISE FUND I $ 2,215,000 $ 1,275,500 $ 471,000 $ 202,000 $ 496,500 $ 127,500 GRAND TOTAL FY2025-FY2029 $ 4,660,000 CITY OF CAPE CANAVERAL CAPITAL IMPROVEMENT PROGRAM STORMWATER ENTERPRISE FUND SUMMARY FIVE YEAR PLAN FY FY FY FY FY Grant 2024-25 2025-26 2026-27 2027-28 2028-29 Funding CIP# STORMWATER ENTERPRISE FUND M I SW-1 Central Boulevard Improvements 66,500 300,000 SW-2 Canaveral Drainage Basin Improvements 650,000 SW-3 Harbor Heights Stormwater Pipe Replacement 120,500 SW-4 Center Street Wet Pond 300,000 300,000 SW-5 West Central Boulevard Wet Pond 121,500 2,500,000 SW-6 Oak Lane Improvements 300,000 SW-7 Thurm Boulevard Improvements 600,000 SW-8 Portable SW Pump 160,000 TOTAL STORMWATER ENTERPRISE FUND $ 1,180,500 I $ 950,000 I $ 488,000 I $ 2,800,000 I $ I $ GRAND TOTAL FY2025-FY2029 $ 5,418,500 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JUNE 18, 2024 AGENDA ITEM SUMMARY • ITEM # 4 Subject: Approve the purchase of one (1) Sandbagger Model II unit in the amount of $23,204 and authorize the City Manager to execute the same. Department: Public Works Services and Community and Economic Development — Resilience Division Summary: The City of Cape Canaveral (City) is a barrier island community vulnerable to storm surge and urban flooding caused by tropical cyclones. In recent years, communities across the state of Florida have incurred billions of dollars in damages from landfalling tropical cyclones such as Hurricane Idalia (August 2023), Hurricane Nicole (November 2022), and Hurricane Ian (September 2022). Statistically, water is the most destructive and deadliest hazard within a tropical cyclone. Forecasters at the NOAA's Climate Prediction Center predict above -normal hurricane activity in the Atlantic Ocean this year (Attachment 1). NOAA's outlook for the 2024 Atlantic hurricane season predicts an 85% chance of an above -normal season; with a forecasting range of 17 — 25 total named storms (winds 39 mph or higher). Of those, 8 —13 are forecast to become hurricanes (winds 74 mph or higher), including 4 — 7 major hurricanes (category 3+). In recent years, Staff have seen an increase in resident demand for sandbags that are available and accessible within the City's limits. There has been also been an increasing desire by Council Members to have sandbags be more readily available to residents. Normally, Brevard County will fill and distribute sandbags at staging areas in the days leading up to a threatening storm due to the County's operational capacity in terms of staffing and resources. These staging areas are usually based in either Merritt Island or on the mainland. This distance factor can lead to some residents not having easy access to sandbags. Currently, Staff have a limited capability to mass produce large quantities of sandbags by hand in a timely manner before inclement weather conditions begin (Attachment 2). For example, Staff were able to fill about 1,100 sandbags over the course of 80 hours in the days leading up to the arrival of Hurricane Ian. Numerous other preparation duties require Staff's immediate and prolonged attention when preparing for tropical cyclone impacts, including but not limited to removing and stowing vulnerable equipment (Mobi-Mats, shade canopies, flags, etc.), installing hurricane shutters, refueling vehicles and generators, etc. To be better prepared, Staff have attempted to fill sandbags at the start of hurricane season (June 1 — November 30) so as to have a stockpile on standby. However, this proved to be ineffective since the bags must be stored outside due to there being no internal storage space available; causing the bags to quickly deteriorate and fall apart. A stronger, more robust sandbag material alternative has not been found to replace traditional plastic sandbags at cost parity. In order to fulfill growing sandbag demand and increase municipal preparation efficiencies— as well as fulfil the desire of Council Members to have more sandbag accessibility for residents — Staff recommends the purchase and use of a purpose-built sandbagging machine, specifically a Sandbagger Model II (SM II) four bag unit variant manufactured by The Sandbagger LLC. The SM II unit uses a gas -powered motorized auger set within an elevated two cubic yard hopper to help partially automate the sandbag -filling process. With one SM II unit, four sandbags can be filled simultaneously by four individuals, with one additional person present to operate a front-end loader to keep the elevated hopper filled with sand. One SM II unit is capable of filling at least 1,600 bags per hour using unskilled labor. Its weight (1,680 pounds empty) allows for it to be truck- City of Cape Canaveral City Council Meeting • June 18, 2024 Agenda Item # 4 Page 2 of 2 portable, with an optional towing package available. Each unit is made in the United States and requires minimal maintenance, needing its hopper and shoots occasionally cleaned and gas - powered motor tended to. Each SM II unit comes with a one-year warranty. If purchased, an appropriate interior space has been identified at the Water Reclamation Facility for long-term storage. Sand would be purchased and stored in one of the Water Reclamation Facility's outdoor drybulk storage bays and covered with tarps to prevent it from getting wet. With one SM II unit, Staff estimates about 12,800 sandbags could be produced with enough lead time, which is over eleven times the current amount that have ever been produced by Staff for any given storm event in recent history while also incurring reduced labor costs. Although it can be used to help produce sandbags for use at vulnerable City facilities, the SM II's primary role within the City's tropical cyclone preparation and response strategy would be for the production of sandbags for residents, business owners, and property owners within Cape Canaveral. Staff are in the process of transitioning flood protection from sandbags to removable flood barriers at City facilities. In May 2024, Staff were able to view a SM II unit in practice that is being utilized by the City of Melbourne. They have a total of three units, each of which have been in service with the municipality for over a decade. The unit was demonstrated by City of Melbourne staff, showcasing its efficiency and ease of use. City of Melbourne staff highly recommended the unit and its effectiveness. Pictures of this demonstration visit and the unit itself can be seen in Attachment 3. A SM II unit could arrive at the City within two -to -three weeks of purchase, placing delivery in early to mid -July. This would allow the City to have access to the unit before the height of the hurricane season, which is statistically between August and October. The unit would be purchased via the use of American Rescue Plant Act (ARPA) funds. Six competitive quotes are attached (Attachment 4). The Sandbagger, LLC provided the lowest price of $23,204. There are several minor differences between each product reviewed, but all are very similar in function and would satisfy Staff's needs. Submitting Department Director: June Clark and Zachary Eichholz Attachments: 1. National Oceanic and Atmospheric Administration 2024 Atlantic Hurricane Season Outlook 2. Photo of existing public sandbagging operations as conducted by City Staff 3. City of Melbourne Sandbagger Model II unit in -person demonstration photos 4. Sandbagging filling machine quotes Financial Impact: $23,204 purchase of one (1) Sandbagger Model II unit funded by ARPA funds. Staff time and effort to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following actions: Approve the purchase of one (1) Sandbagger Model II unit in the amount of $23,204 and authorize the City Manager to execute the same. Approved by City Manager: Todd Morley Attachment 1 10% 5% 85% Above normal Near normal Below normal Season probability Named storms 17-25 Hurricanes 8-13 Major hurricanes 4-7 Be prepared: Visit hurricanes.gov and follow @NWS and @NHC_Atlantic on X. May 2024 Attachment 2 Manual sandbagging operations being conducted by City Staff in preparation for Hurricane Matthew (2016). Attachment 3 City of Melbourne - Sandbagger Model II Unit City of Melbourne Streets Management 105557 Sandbagger JUST BAG IT! Quote #1 Attachment 4 ONE CLARION David Coulter M2 (Model II Motorized Auger) capecanaveral.gov Portable Tank Group, Inc DBA One Clarion 1515 U.S. Hwy.1 David Coulter Sebastian, FL32958 d.couIter@capecanaveraI.gov USA 3218636404 Mark Wilkie Reference: 20240501-133710315 Market Manager Quote created: May 1, 2024 markw@oneclarion.com Quote expires: May 31, 2024 +18632618388 Total $26,203.00 Products & Services ITEM NAME DESCRIPTION QUANTITY PRICE NET PRICE Sandbagger M2 (Model II Motorized Auger) 1 $24,795.00 $24,795.00 The Multibagger The Multibagger is an automated bag -filling system used to fill three (3) bags simultaneously. It is operated by (3) people, each at their own filling station specially designed to be the correct height for the least amount of back stress and muscle pain. The operator simply presses a foot pedal to activate the flow of material into the bag, and releases the foot pedal to stop the flow. The13 hp Honda engine, insures the smooth handling of all types of fluent materials, including sand, compost, mulch, all types of blended soil, worm castings, and many types of aggregate and other landscape materials. This equipment is self- contained, lightweight, and transportable in a pickup truck bed. This machine comes with a safety grid, spillover shield, vibrator, auger and agitator and gasoline engine. The Multibagger is a very inexpensive and reliable machine that can bag virtually ITEM NAME DESCRIPTION QUANTITY PRICE NET PRICE anything under the sun. ITEM NAME DESCRIPTION QUANTITY PRICE NET PRICE _Freight Estimated freight - PLEASE 1 $1,408.00 $1,408.00 CONFIRM SHIP TO ADDRESS. One Clarion takes pride in selecting reputable freight carriers, however, items may get damaged during the delivery process; *** NOTE: YOU (CUSTOMER) are RESPONSIBLE FOR INSPECTING THE GOODS DELIVERED FOR DAMAGES UPON ARRIVAL. IF THERE ARE DAMAGES the Bill of Lading/Shipping documents must be notated with the type and location of the damages. RETAIN a copy of the documents with notes. The freight insurance will NOT cover the damages and will be for the account of the buyer/receiver/customer. We suggest taking pictures to document the damages. Scuffs and scratches are normal. Supply conditions and policies can be found here https://clarionmunicipal.com/pol icies.html "Inspection and Acceptance" All freight quotes are provided as a courtesy to customers to facilitate their orders. When provided, freight rates are based on good faith estimates and may be subject to change if the shipment is different from that originally advised. Any additional out of pocket ITEM NAME DESCRIPTION QUANTITY PRICE NET PRICE expenses will be billed at cost. May not include the following as applicable; Job Site delivery, Residential Delivery, Pre - Delivery Phone Calls, Liftgates, COD, Duties &Taxes, Custom Clearance Fees, L/C costs, Legalization of Documents, Insurance, etc. You will need a loading ramp/dock/forklift/means to offload the materials/equipment once it arrives. The equipment/materials arrive on commercial carriers to ensure that we provide the very best delivery rates. Please plan ahead to avoid delays and potential charges. Should you need assistance or alternative delivery method discuss at time of placing your order. PLEASE NOTE: We will do our best to meet delivery deadlines, but delivery dates can not be guaranteed. SUBTOTALS One-time subtotal $26,203.00 Total $26,203.00 M2 Motorized Industrial Bagging Machine Fills Up to 1000 Bags Per Hour Made in the USA, the Multibagger is a self-contained, automated sandbag filling machine used to fill three bags simultaneously. It operates with three people, each at their own chute and filling station. Filling stations are designed to be the correct height for the least amount of back stress and muscle pain. The operator simply pushes the foot pedal to activate the flow of material into the bag and removes his foot from the pedal to stop the flow. It is not necessary to have someone to man the hopper at all times. The automated sandbag machine is designed to fill one bag every 10 seconds, up to 1,000 bags per hour. Visit the Sandbagger Machines page for a list of all the available industrial bagging equipment. https://clarionmunicipal.com/multibagger-sandbag-machine.html Payment for all orders must be made prior to shipping unless particularly agreed to in writing. Payment may be made to One Clarion via credit card, ACH, Terms for approved accounts, check or E-check (drawn on a domestic bank only), wire transfers, or by irrevocable letter of credit drawn on a U.S. bank and subject to One Clarion sanction of the terms of the letter of credit. All payments are to be made in U.S. Dollars. Checks presented as mailed and faxed shall be authorization for One Clarion to initiate either an electronic debit or to create and process a demand draft against purchasing party's bank account, in the amount of check, on or after the hard copy is not received as promised. All fees associated are the responsibility of the Purchasing Party. *Credit terms are available to existing approved customers only. **We will reference your PO number but will not be subject to your terms and conditions. Should your purchase terms be different from our quote, we reserve the right to adjust the pricing accordingly. ***Buyers are responsible for sales tax as applicable by Federal, State, and Local law. If taxes are not reflected, please let us know what rate you are responsible for in order to collect at the time of purchase to avoid finance charges and having to collect after the sale. ****A 1.5% Finance Charge will be added every week if payment is more than 30 days late. The complete list of One Clarion's Terms & Conditions apply https://www.clarionmunicipal.com/policies.html Quote #2 The Sandbagger, LLC 765 S. Rt 83 Elmhurst, IL 60126 Phone: (630) 876-2400 Fax: (630) 876-8558 Propsal PROPOSAL #05012024 DATE: MAY 1, 2024 BILL TO: City of Cape Canaveral PWS ATTN: David Coulter P.O. Box 326 Cape Canaveral, FL 32920 PH: (321) 863-6404 SHIP TO: City of Cape Canaveral PWS ATTN: David Coulter 601 Thurm Blvd P.O. Box 326 Cape Canaveral, FL 32920 PH: (321) 863-6404 SALESPERSON P.O. NUMBER PO DATE SHIPPED VIA SHIPPED DATE TERMS PE TRUX *Net 30 QUANTITY DESCRIPTION UNIT PRICE TOTAL 1 Sandbagger- Model II Motorized equipped with spill -over shields, safety screen, auger, agitator, and 5.5 HP Honda engine. $22,185.00 $22,185.00 *Net 30 terms given upon credit approval **A dock and forklift are required for off-loading goods. Any additional shipping charges incurred for job site or residential delivery, labor, lift gate, etc. will be passed on to the customer. Please notify us in advance if you require any extra shipping services such as those mentioned. ESTIMATED JOB COST SUBTOTAL $22,185.00 This estimate is for completing the job as described above. It is based on our evaluation and SALES TAX does not include material price increases or additional labor and materials which may be N/A required should unforeseen problems arise. Prices subject to change with currency rates. SHIPPING & HANDLING $1,019.00 ESTIMATED BY: Paula Eaves CUSTOMER APPROVAL TOTAL DUE $23,204.00 Thank You For The Opportunity To Be Of Service 5/28/24, 4:06 PM Ultimate Bagger - Sandbag Filling Machine I The Sandbag Store FREESHIPPING VETERAN OWNED USA MADE 800-550-1235 8 MY CA Quote #3 SHOP BY USE I EMPTY SANDBAGS I FILLED SANDBAGS BY WEIGHT I FILLED SANDBAGS BY THE PALLET I BAG FILLING MACHINES Home > Bag Filling Machines > Ultimate Bagger Sandbag Filling Machine The Sandbag Store® Ultimate Bagger - Mobile Sandbag Facto... Ultimate Bagger Sandbag Filling Machine DESCRIPTION * VIDEOS Ultimate Bagger Sandbag Fill Machine 1200 Bags per Hour Filling and Sealing FILLING SANDBAGS HAS NEVER BEEN EASIER! 18 Reviews $50,600.00 Power Source: (Self -Powered (+1950) Hopper Steel: (10 GA Sheet Setup/Training: (1 Day (+4500) Free Shipping Call for availability Quantity 1 Bag Fast Fill 1,200 sandbags every hour with a crew of only 4! Designed from the ground up to bag wet sticky sand, this high production bagger is also great fl gravel, mulch, lava rock and other challenging materials. • 1200 Bags/Hr Speed • 2 Cubic Yard Hopper • Adjustable Fill Weight For 1 to 5,000 lb Bags • Fills Small Bags, Bulk Bags, Pots, & More • Pneumatic Bag Clamps and Built -In Speedaire Compressor Fill, Seal and Count Unique patent -pending bag filling system accurately fills and seals bags while displaying real-time production data to the operator. • Control Box Tracks Production • Includes Sewing Head System • Dynamic Vibration Control • 1,000,000 Bag / 2 Year Warranty • Collapses into Single Crate 7'x4'x7' in 90 Seconds SEAL Inline sewing head and conveyor belt for true end -to -end bagging production. Close 10,000 bags with each king spool of thread. COUNT The control panel takes the guess work out of high volume bagging. It displays the current production speed in bags -per -hour, allowing operators to kn their real-time output and owners to accurately account for labor costs and profitability. Options Select the options that are needed for your operation. Power Source: • EXTERNAL - Stock machines require external power (120V @ 10A) • SELF POWERED - On board Caterpillar 7500W generator forjust-add-fuel bagging. Can still utilize commercial power when available. Hopper Steel: • 10 GA SHEET - Heavy gauge steel ensures durability designed to last decades. Our hoppers use the thickest steel in the industry! • 10 GA STAINLESS - If rust and corrosion is a concern, stainless steel sheet metal is the solution. https://www.sandbagstore.com/ultimate-bagger.html?utm_source=googleshopping&utm_medium=cse&gad_source=1 &gclid=CjwKCAjwgdayBhBQEi... 1/7 5/28/24, 4:06 PM Ultimate Bagger - Sandbag Filling Machine | The Sandbag Store Setup/Training: Let one of our highly experienced bagging team come to your facility and help setup your new bagging operation. Learn operator positions, hov\ thread and operate your sewing head, and how to setup the vibration controls for maximum material flow. Take advantage of our 2-day package to train multipl crews or master your bagging process right out of the gate. Subject to availability. Fast and easy financing available. Note - Seasonal demand can lead to back -orders. Please contact our office via phone or contact form for current availability of this machine. VIDEOS ULTIMATE BAGGER SPEED TEST! Fi... ULTIMATE BAGGER SETUP INSTRU... Sand bagging in the valley operated... How To Bag Wet Sand by The Sand... https://www.sandbagstore.com/ultimate-bagger.html?utm_source=googleshopping&utm_medium=cse&gad_source=1 &gclid=CjwKCAjwgdayBhBQEi... 2/7 6/10/24, 1:17 PM High Production Sandbag Filling Machine I Burcham Bagger Pro Quote #4 FREE SHIPPING VETERAN OWNED USA MADi SHOP BY USE I EMPTY SANDBAGS I FILLED SANDBAGS BYWEIGHT I FILLED SANDBAGS BY THE PALLET I BAG FILLING MACHINES Home Bag Filling Machines Basic Sandbag Filling Machine > High Production Sandbag Filling MachinelBurcham Bagger Pro UP TO 900 BAGS/HR! High Production Sandbag Fill MachinelBurcham Bagger Pi **** 1 Review $23,840.00 Free Shipping Call for availability Quantity 1 Add to Cart 16. DESCRIPTION * REVIEWS * VIDEOS * YOU MAY ALSO LIKE The ultimate sandbagger for the most demanding applications. This high production setup will allow filling and closing of up to 900 sandbags per hoi with a 4 man crew. THE BAG FACTORY. This Burcham Bagger is the only sandbag filling machine on the market today that both fills the sandbag, and sews it shut. This machine fill any open mouth bag - no need for expensive specialty sandbags. Operating the Burcham Bagger is as simple as lifting a bag to the spout. The Burcham Bagger will dispense an exact amount of sand and automatically shut off. I' to change the bag weight? Simply adjust the weight dial, and every sandbag will be filled to the new size. No more over filled sandbags that are difficult to handle impossible to stack! Once filled, slide the bag onto the lower conveyor belt. The bag will pass through the mounted sewing head permanently sealing the sandbag. Sewing sandbags closed is cheaper than zip ties, faster than hand tying, and stronger than any other method. Sandbags filled and sewn closed are rectangular, and substantially e, to stack than bags with one flat side and one bunched up (tied or ring closed) side. BAGS MORE THAN JUST SAND. The Burcham Bagger is also used to bag mulch, lava rock, salt, aggregates, and other dry goods. This system sets up a full functional bagging plant for incredibly low cost. Convert your FIBC bulk bagged goods into smaller (more profitable) bags. This High Production Burcham Bagger has been the heart of Sandbag Store's sandbag filling business for over 10 years and we are now making the machine available to our clients. No other sandbag filling machine is as simple, affordable, or functional as the Burcham Bagger. Burcham Baggers are crafted with pride in the U.S.A., and include Year Limited Warranty. What's Included: • Burcham Bagger Sandbag Filling Machine • Wing Walls for Heavy Equipment • Steel Pedestal for Standing Work Height • Lower Production Conveyor Belt • Sandbag Closing Sewing Head • Vibrator on Hopper https://www.sandbagstore.com/high-volume-sandbag-filling-machine.html 1 /3 Megga Bagger Quote #5 MB-T1 The Bag Lady, Inc. • Single Chute Station • Feet and hands free gate operation • Electronic variable speed and bag size controls • 2.25 cubic yard hopper • One 5 foot slide table • Machine is trailer integrated • Pneumatically controlled gates • Powder coated • Approximately 2,400 pounds • Dimensions 9' 1/4" H x 5' 11 3/4" W x 15' 6 1/4" L • 120 VAC hopper vibrator • 3,600 watt Generac generator • Weather tight control panel and fittings to all circuits • Single chute with fully automatic or manual operation • All electronics Underwriter Laboratories approved • Can produce a maximum of 1,800 bags per hour • Average output of approximately 1,000 bags per hour bagladyinc.com $30,150 p. (253) 770-8606 FOB Puyallup, WA 98372 Megga Bagger Quote #6 MB-T2 The Bag Lady, Inc. • 2 Chute Station • Feet and hands free gate operation • Electronic variable speed and bag size controls • 3.75 cubic yard hopper • Two 5 foot slide tables • Machine is trailer integrated • Pneumatically controlled gates • Powder coated • Approximately 2,900 pounds • Dimensions 9' '/a" H x 5' 11 3/4" W x 15' 10 1/2" L • Two 120 VAC hopper vibrators • 3,600 watt Generac generator • Weather tight control panel and fittings to all circuits • Double chute with fully automatic or manual operation • All electronics Underwriter Laboratories approved • Can produce a maximum of 3,400 bags per hour • Average output of approximately 2,000 bags per hour bagladyinc.com $38,125 p• (253) 770-8606 FOB Puyallup, WA 98372 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JUNE 18, 2024 AGENDA ITEM SUMMARY • ITEM # 5 Subject: Approve quote from Razorback LLC in the amount of $148,000 for the Effluent Transfer Pump Station Structural Rehabilitation and authorize the City Manager to execute the same. Department: Capital Projects/Public Works Summary: Visual observations conducted by Staff in May 2023 of the eastern side of the main building at the Water Reclamation Facility (WRF) noted failures (e.g., cracking and spalling) in the existing concrete slab and beams in the second story platform located beneath the Autosamplers. Due to the structural nature of the damages, Staff contacted Tetra Tech's structural subconsultant (Wekiva Engineering) to perform a preliminary evaluation of the extent of the damages. During the site visit, Wekiva Engineering informed Staff that the reinforcement within the slab and beams was corroded, causing cracking and spalling of the concrete. Further investigation of the entire area was recommended. After review of engineering firm qualifications for similar -type projects, Staff selected Tetra Tech of Orlando, Florida to provide a task order to perform the recommended engineering tasks. Subsequently, on August 15, 2023, the City Council approved a proposal from Tetra Tech to perform design and construction services for repairs to the WRF Platform in the amount of $50,635 (Attachment 1) Firm Selection Process: After the services were completed by Tetra Tech, Staff advertised the request for bids on March 14, 2024 by posting (1) a legal ad in the Florida Today newspaper, (2) a notice on the City web page, and (3) bid information on Demandstar (Internet bid service). A non - mandatory pre -bid meeting was held on March 28, 2024, and a total of three (3) potential bidders attended the meeting. Three (3) contractors submitted sealed bids for the Project, which were opened at City Hall on April 25, 2024. Upon review of the submitted bids, Staff and the City's project engineer, Tetra Tech, recommend award of the bid to Razorback LLC. (Attachment 1), with a bid amount of $148,000. A proposed Construction Agreement with Razorback LLC. is included (Attachment 2). Submitting Department Director: Tim Carlisle and June Clark Attachments: 1. August 15, 2023 meeting minutes 2. Engineer recommendation 3. Construction Agreement Financial Impact: Expenditure of $148,000 for the Effluent Transfer Pump Station Structural Rehabilitation to Razorback LLC funded by the Wastewater Fund. Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following actions: Approve quote from Razorback LLC in the amount of $148,000 to rehabilitate the Effluent Transfer Pump Station and authorize the City Manager to execute the same. Approved by City Manager: Todd Morley Attachment 1 City of Cape Canaveral, Florida City Council Regular Meeting • August 15, 2023 Minutes • Page 2 of 5 Presentation of Proclamation declaring September 2023 as "National Suicide Prevention Month" to Wayne Price, Director of Communications, Space Coast Health Foundation: Mayor Morrison read the Proclamation and presented it to Mr. Price and Kelly Haskins, President and Founder, Do It For Hunter, Inc. Ms. Haskins thanked the City and invited everyone to attend You Matter Day on Saturday, September 16, 2023 in Merritt Island from 10:00 a.m. — 3:00 p.m., and go to doitforhunter.org for more information. Presentation of Proclamation declaring August 2023 as "Florida Water Professionals Month" to City Public Works Services Staff, representing the Florida Water & Pollution Control Operators Association: Mayor Morrison read and presented the Proclamation to Cape Canaveral Public Works Wastewater Plant Manager Paul Prince. Presentation by Craig Wallace with the Brevard Indian River Lagoon Coalition: Mr. Wallace commended City Chief Resilience Manager Eichholz, thanked the City for its partnership, and made the Presentation. Mr. Wallace encouraged participation in the Lagoon restoration program. PUBLIC PARTICIPATION: James Teele, business owner, discussed accessory building use in the City C-1 zoning area related to 8150 Astronaut Boulevard and possible re -location and operation of his vending business. Patrick Campbell, resident and property owner, discussed desire for a household chemical amnesty day in the City, and concerns regarding coyotes spotted in the City. CONSENT AGENDA: Council Member Kellum removed Item 6. 1. Approve Minutes for the July 18, 2023 Budget Workshop and Regular Meetings. 2. Resolution No. 2023-15; reappointing a Member to the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Susan Denny) 3. Resolution No. 2023-16; adopting a fee schedule for the Cape Canaveral Community Center; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 4. Approve proposed task order from Tetra Tech in the amount of $50,635 for structural analysis, engineering design, bidding and construction administrative services for investigating and repairing the concrete second floor platform at the Water Reclamation Facility and authorize City Manager to execute same. (Yellow Highlighted) 5. Authorize City Manager to execute a Standard Grant Agreement with the State of Florida Department of Environmental Protection, "City of Cape Canaveral Enhanced Vulnerability Analysis" Agreement No. 23PLN05, for the total amount of $225,000 over three years. 6. Ratify scoring of Short-term Rental (STR) and Mortgage Foreclosure registration and compliance service providers; and, authorize the City Attorney to draft -and City Manager to execute a Services Agreement with Deckard. 7. Approve Interlocal Agreement between Brevard County Board of County Commissioners, the City of Cape Canaveral and the Canaveral Port Authority regarding automatic aid for fire protection and rescue services and authorize City Manager to execute same. A motion was made by Council Member Kellum, seconded by Mayor Pro Tem Raymond, to approve the Consent Agenda Items 1 through 5 and 7. The motion carried 5-0. (Yellow Highlighted) TETRA TECH Attachment 2 May 17, 2024 Tim Carlisle Capital Projects Director/Stormwater Manager City of Cape Canaveral 100 Polk Avenue — P.O. Box 326 Cape Canaveral, FL 32920 Subject: City of Cape Canaveral Effluent Transfer Pump Station Structural Rehabilitation (BID#2023-08) Tt# 200-52528-23002 Dear Mr. Carlisle: This letter provides our recommendation for award of the Contract for Construction of the City of Cape Canaveral Effluent Transfer Pump Station Structural Rehabilitation. On May 9, 2024, three (3) Contractors submitted bids for this project. Tetra Tech has completed an evaluation of these bids. The project total bid prices submitted for the three (3) bidders and the engineer's estimate are as shown below. The engineering estimate is lower than the price range of the three (3) bidders; however, there is an approximate 15% difference between the engineering estimate and the lowest bidder. Razorback, LLC and Centroid Diversified, LLC were the two lowest bidders. L7 Construction, Inc submitted a significantly higher bid compared to the other bidders; therefore, the bid submitted by L7 Construction, Inc was not included in the bid evaluation. Engineer's Estimate $125,000.00 Razorback, LLC $148,000.00 Centroid Diversified, LLC $258,579.98 L7 Construction, Inc. $517,000.00 Razorback, LLC (CGC1526612) and Centroid Diversified, LLC (CGC1511908) both provided active Certified General Contractor licenses. The licenses for both bidders have been verified as active and acceptable to perform the work in accordance with Chapter 489 of the Florida Statues. Tetra Tech 201 E. Pine Street, Suite 1000, Orlando, FL 32801 Tel 407.839.3955 Fax 407.839.3790 www.tetratech.com Tt TETRATECH Mr. Carlisle May 17, 2024 Page 2 Tetra Tech contacted references for the most relevant three (3) project references provided by each of the two (2) lowest bidders. Attached to this letter are the reference evaluations received for those projects. Tetra Tech received responses from the three reference projects contacted for Razorback. However, Tetra Tech only received response from one of the three reference projects contacted for Centroid Diversified. Following review and discussions with the references for the above projects, Razorback completed all the projects successfully and to the satisfaction of the owners. Based on the amount of relevant experience submitted upon evaluating their recent performance, Razorback appears to have the appropriate experience and is therefore considered qualified for the referenced project. In summary, Tetra Tech has reviewed the three (3) bids and has determined that the apparent lowest bidder has provided sufficient documentation in accordance with the City of Cape Canaveral's requirements. Razorback was determined to meet all of the qualifications for this project and provided references who recommended them accordingly. Based on this evaluation, our recommendation is that the Effluent Transfer Pump Station Structural Rehabilitation be awarded to Razorback, LLC in the amount of $148,000.00. This recommendation is free of conflicts of interests. Tetra Tech appreciates this opportunity to serve the City of Cape Canaveral for this important project. Should you require further information or have any questions, please do not hesitate to contact us. Sincerely, Tetra Tech Maria I. Arenas, P.E. Project Manager Tetra Tech 201 E. Pine Street, Suite 1000, Orlando, FL 32801 Tel 407.839.3955 Fax 407.839.3790 www.tetratech.com Reference Checks Razorback, LLC Tt TETRA TECH Contractor Reference Check Project Name: Cape Canaveral Effluent Transfer Pump Station Structural Rehabilitation Date: May 16, 2024 Contractor: Razorback REFERENCES Organization: City of Miami Beach Name of Party Spoken To: Jorge Maldonado (305-673-7625) Project for Reference: Concrete Water Tanks How long have you used this Vendor? In what capacity? Only project for organization, rehabilitation to water tanks Was the Contractor timely with Contract Schedules? Yes Were there any unfair or unsolicited Change Orders or Request for Contract Time Extension? No Were there any problems with Sub -Contractors? No Were the punch list items completed in a timely manner? Yes Was the project constructed as specified? Yes Was the contractor responsive to requests, phone calls, e-mails, etc.? Yes Did they demobilize and leave site in a timely manner? Yes Were the pay request/applications for payment correct and all outstanding liens finalized? Yes Would you recommend them to work on one of your projects again? Yes Additional Comments/Notes: They changed project managers twice throughout project. Tt Employee Contacting Reference Joseph Toppi Joseph.toppi@tetratech.com Tt TETRA TECH Contractor Reference Check Project Name: Cape Canaveral Effluent Transfer Pump Station Structural Rehabilitation Date: May 16, 2024 Contractor: Razorback REFERENCES Organization: South Florida Water Management District Name of Party Spoken To: Eduardo Tovar (561-682-2180) Project for Reference: Pump Station S3 Concrete Repairs & Coating How long have you used this Vendor? In what capacity? First time using the vendor Was the Contractor timely with Contract Schedules? Yes Were there any unfair or unsolicited Change Orders or Request for Contract Time Extension? No Were there any problems with Sub -Contractors? No Were the punch list items completed in a timely manner? Yes Was the project constructed as specified? Yes Was the contractor responsive to requests, phone calls, e-mails, etc.? Yes Did they demobilize and leave site in a timely manner? Yes Were the pay request/applications for payment correct and all outstanding liens finalized? Yes Would you recommend them to work on one of your projects again? Yes Additional Comments/Notes: N/A Tt Employee Contacting Reference Joseph Toppi Joseph.toppi@tetratech.com Tt TETRA TECH Contractor Reference Check Project Name: Cape Canaveral Effluent Transfer Pump Station Structural Rehabilitation Date: May 16, 2024 Contractor: Razorback REFERENCES Organization: City of West Palm Beach Name of Party Spoken To: Sandra Feliciano (561-822-2290) Project for Reference: Master Water Storage Tank Cleaning and Repair Services How long have you used this Vendor? In what capacity? 5+ years contract, rehabilitation, cleaning, disinfection. Was the Contractor timely with Contract Schedules? Yes Were there any unfair or unsolicited Change Orders or Request for Contract Time Extension? No Were there any problems with Sub -Contractors? No Were the punch list items completed in a timely manner? Yes Was the project constructed as specified? Yes Was the contractor responsive to requests, phone calls, e-mails, etc.? Yes Did they demobilize and leave site in a timely manner? Yes Were the pay request/applications for payment correct and all outstanding liens finalized? Yes Would you recommend them to work on one of your projects again? Yes Additional Comments/Notes: N/A Tt Employee Contacting Reference Joseph Toppi Joseph.toppi@tetratech.com Reference Checks Centroid Diversified, LLC Tt TETRA TECH Contractor Reference Check Project Name: Cape Canaveral Effluent Transfer Pump Station Structural Rehabilitation Date: May 16, 2024 Contractor: Centroid Diversified REFERENCES Organization: Indian River County Name of Party Spoken To: Mr. Bela Nagy (772-400-6390 x5) Project for Reference: Sandridge Golf Club: Dunes Course Pump Station Voicemail: 5/14 How long have you used this Vendor? In what capacity? Was the Contractor timely with Contract Schedules? Were there any unfair or unsolicited Change Orders or Request for Contract Time Extension? Were there any problems with Sub -Contractors? Were the punch list items completed in a timely manner? Was the project constructed as specified? Was the contractor responsive to requests, phone calls, e-mails, etc.? Did they demobilize and leave site in a timely manner? Were the pay request/applications for payment correct and all outstanding liens finalized? Would you recommend them to work on one of your projects again? Additional Comments/Notes: Tt Employee Contacting Reference Joseph Toppi Joseph.toppi@tetratech.com Tt TETRA TECH Contractor Reference Check Project Name: Cape Canaveral Effluent Transfer Pump Station Structural Rehabilitation Date: May 16, 2024 Contractor: Centroid Diversified REFERENCES Organization: John's Island Club Name of Party Spoken To: Jimmy Germana (772-231-8588) Project for Reference: John's Island West Pump Station Voicemail: 5/14 How long have you used this Vendor? In what capacity? Was the Contractor timely with Contract Schedules? Were there any unfair or unsolicited Change Orders or Request for Contract Time Extension? Were there any problems with Sub -Contractors? Were the punch list items completed in a timely manner? Was the project constructed as specified? Was the contractor responsive to requests, phone calls, e-mails, etc.? Did they demobilize and leave site in a timely manner? Were the pay request/applications for payment correct and all outstanding liens finalized? Would you recommend them to work on one of your projects again? Additional Comments/Notes: Tt Employee Contacting Reference Joseph Toppi Joseph.toppi@tetratech.com Tt TETRA TECH Contractor Reference Check Project Name: Cape Canaveral Effluent Transfer Pump Station Structural Rehabilitation Date: May 16, 2024 Contractor: Centroid Diversified REFERENCES Organization: St. Lucie County Name of Party Spoken To: Pat Walsh (772-462-1847) Project for Reference: SLC North County Service Area Wastewater Submersible RePump Station How long have you used this Vendor? In what capacity? First project Was the Contractor timely with Contract Schedules? Yes Were there any unfair or unsolicited Change Orders or Request for Contract Time Extension? No Were there any problems with Sub -Contractors? No Were the punch list items completed in a timely manner? Yes Was the project constructed as specified? Yes Was the contractor responsive to requests, phone calls, e-mails, etc.? Yes Did they demobilize and leave site in a timely manner? Yes Were the pay request/applications for payment correct and all outstanding liens finalized? Yes Would you recommend them to work on one of your projects again? Yes Additional Comments/Notes: Excellent job, great communication Tt Employee Contacting Reference Joseph Toppi Joseph.toppi@tetratech.com Attachment 3 CONSTRUCTION AGREEMENT Effluent Transfer Pump Station Structural Rehabilitation Bid #2023-08 THIS AGREEMENT is made this day of , 2024 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation (herein referred to as OWNER) and Razorback LLC., authorized and duly licensed to do business in the State of Florida (herein referred to as CONTRACTOR), as follows: 1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the Contract Documents for the rehabilitation of Effluent Transfer Pump Station as set forth in the Scope of Services, as set forth in the Contract Documents described in Section 2 herein ("the Project"). 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits and Addendum(s) to the Agreement; the Construction Drawings for City of Cape Canaveral prepared by Tetra Tech; Bid #2023-08, dated March 2024; Final Bid Set Specifications dated March 2024; ITB Documents issued by the City, dated March 2024; Contractor's Bid Submittal; General Conditions, if any; Supplemental Terms and Conditions by the City, if any; all Change Orders approved by the City after execution of this Agreement. These Contract Documents are hereby incorporated into this Contract by this reference. The CONTRACTOR represents and agrees that it has carefully examined and understands this Agreement and the other Contract Documents, has investigated the nature, locality and site of the Work and the conditions and difficulties under which it is to be performed and that it enters into this Agreement on the basis of its own examination, investigation and evaluation of all such matters and not in reliance upon any opinions or representations of the OWNER, or of any of their respective officers, agents, servants, or employees. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intent of the Contract Documents is to include all labor, materials, equipment, transportation, taxes, fees and incidentals necessary for the proper and complete execution of the Work for each Project. Materials or Work described in words which so applied have a well-known technical or trade meaning shall be held to refer to such recognized standards. Any discrepancies or omissions found in the Contract Documents shall be reported to the City's Project Manager immediately. The City's Project Manager will clarify discrepancies or omissions, in writing, within a reasonable time. 3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the Agreement between the OWNER and the CONTRACTOR, the inconsistency shall be resolved by giving precedence in the following order: a. Change Orders b. Agreement, Exhibits and Addenda c. Supplemental Terms and Conditions d. General Terms and Conditions e. Engineering Plans and Drawings f. ITB issued by the City of Cape Canaveral including any subsequently issued Addenda g. Contractor's Bid Submittal Any inconsistency in the work description shall be clarified by the OWNER and performed by the CONTRACTOR. 4. AGREEMENT INTERPRETATION - At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in the Contract Documents, the OWNER at its sole discretion will interpret the intent of the Contract Documents and the CONTRACTOR hereby agrees to abide by the OWNER's interpretation and agrees to carry out the work in accordance with the decision of the OWNER. 5. BRAND NAME MATERIALS - Whenever Materials or Equipment are specified or described in the Drawings or Specifications by using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to establish the type, function and quality required. The CONTRACTOR will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the OWNER. Unless the name is followed by words indicating that no substitution is permitted, a substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand name specified and CONTRACTOR certifies in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified. . The OWNER has full discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the OWNER in writing prior to use of the substitute for a specified brand name and allow the OWNER to make a determination before CONTRACTOR uses the substitute. 6. CONTRACT TIME - a. All provisions regarding Contract Time are essential to the performance of this Contract. b. The Work shall be substantially completed within Ninety (90) calendar days after the date when the Contract Time begins to run. The Work shall be finally completed, ready for Final Payment within One Hundred Fifty (150) calendar days after the actual date of Substantial Completion. Form v.12.2022 2 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Effluent Transfer Pump Station Structural Rehab The date of Substantial Completion of the Work is the date certified in writing by the OWNER when (1) construction is sufficiently complete, in accordance with the contract documents, so the OWNER can occupy or utilize the work for its intended purpose, as expressed by the contract documents, and (2) any additional project -specific requirements or milestones for "Substantial Completion" identified in the general, special, or technical conditions or construction plans have been satisfied. c. The parties acknowledge that the Contract Time provided in this Section includes consideration of adverse weather conditions common to Central Florida including the possibility of hurricanes and tropical storms. d. In the event that the Work requires phased construction, then multiple points of Substantial Completion may be established in the Supplementary Conditions. 7. LIQUIDATED DAMAGES - OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 6 above, plus any extensions thereof allowed in accordance with the General Conditions. OWNER and CONTRACTOR also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $500 for each calendar day that expires after the time specified in Paragraph 6 for substantial completion until the work is substantially complete and $500 for each calendar day that expires after the time specified in Paragraph 6 for final completion until the work is finally complete. The liquidated damages provided in this Section are intended to apply even if CONTRACTOR is terminated, in default, or if the CONTRACTOR has abandoned the Work. This provision binds Contractor's performance bond surety. 8. CONTRACT PRICE, UNIT PRICE CONTRACT - The OWNER will pay the CONTRACTOR in current funds for the performance of the work in accordance with the Contract Documents, subject to additions and deductions approved by Change Order, the Total Contract Price of Seven hundred fifty thousand dollars ($148,000.00). CONTRACTOR agrees to accept the Contract Price as full compensation for performing all Work, furnishing all Materials, and performing all Work embraced in the Contract Documents. The CONTRACTOR acknowledges that CONTRACTOR studied, considered, and included in CONTRACTOR'S Total Bid all costs of any nature relating to: (1) performance of the Work under Florida weather conditions; (2) applicable law, licensing, and permitting requirements; (3) the Project site conditions, including but not limited to, subsurface site conditions; (4) the terms and conditions of the Contract Documents, including, but not limited to, the indemnification and no damage for delay provisions of the Contract Documents. Form v.12.2022 3 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Effluent Transfer Pump Station Structural Rehab The CONTRACTOR acknowledges that performance of the Work may involve significant Work adjacent to, above, and in close proximity to Underground Facilities including utilities which will require the support of active utilities, as well as, the scheduling and sequencing of utility installations, and relocations (temporary and permanent) by CONTRACTOR. (1) In addition to the acknowledgments previously made, the CONTRACTOR acknowledges that the CONTRACTOR'S Total Bid (original Contract Price) specifically considered and relied upon CONTRACTOR'S own study of Underground Facilities, utilities in their present, relocated (temporary and permanent) and proposed locations, and conflicts relating to utilities and Underground Facilities. (2) The CONTRACTOR acknowledges that CONTRACTOR's Total Bid (original Contract Price) considered and included all of CONTRACTOR's costs relating to CONTRACTOR's responsibilities to coordinate and sequence the Work of the CONTRACTOR with the work of the OWNER, if any, with its own forces, the work of other contractors, if any, and the work of others at the Project site. Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of the Bid, which shall be as fully a part of the Contract as if attached or repeated herein. Where the Contract Documents provide for Unit Price Work, the Contract Price stated in the Agreement will include for all Unit Price Work an amount equal to the sum of the Unit Prices for each item of Unit Price Work times the estimated quantity of each item as indicated in the Contract Documents. Each Unit Price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover all costs, including supplemental and administrative costs, and profit. 9. TERMINATION; DEFAULT BY CONTRACTOR AND OWNER'S REMEDIES - The OWNER reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, for convenience. Further, the OWNER reserves the right to revoke and terminate this Agreement in the following circumstances, each of which shall represent a default and breach of this Agreement: a. CONTRACTOR defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within seven (7) calendar days after written notice from the OWNER specifying the default complained of, unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within seven (7) calendar days, in which case the CONTRACTOR shall have such time as is reasonably necessary to remedy the default, provided the CONTRACTOR promptly takes and diligently and continuously pursues such actions as are necessary therefore; or 4 Form v.12.2022 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Effluent Transfer Pump Station Structural Rehab b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts; or c. CONTRACTOR has acted negligently, as defined by general and applicable law, in performing the Work hereunder; or d. CONTRACTOR has committed any act of fraud upon the OWNER; or e. CONTRACTOR has made a material misrepresentation of fact to the OWNER while performing its obligations under this Agreement; or f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right, or remedy OWNER may have under this Agreement. In the event of an uncured default by CONTRACTOR, the OWNER shall have the right to exercise any other remedy the OWNER may have by operation of law, without limitation, and without any further demand or notice. In the event of such termination, OWNER shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination, which may be a set-off to Owner's damages. 10. FORCE MAJEURE - Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving CONTRACTOR'S labor force); extraordinary breakdown of or damage to OWNER 's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or regulation; or order by any regulatory agency; ; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. 11. SEVERABILITY - In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable 12. PROGRESS PAYMENTS; DUE DATE FOR PROGRESS PAYMENTS; SUBMITTAL OF PAYMENT REQUESTS — No payments shall be made where a Payment and Performance Bond is required herein until OWNER receives a certified copy of the recorded Bond. OWNER shall make progress payments on account of the contract price to CONTRACTOR, on the basis of application for payments submitted to the OWNER or OWNER's Project Manager, by CONTRACTOR as the work progresses, and in accordance with the Contract Documents. Progress payments may be withheld if: Form v.12.2022 5 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Effluent Transfer Pump Station Structural Rehab a. Work is found defective and not remedied; b. CONTRACTOR does not provide consent of surety with each payment application; c. Another contractor is damaged by an act for which CONTRACTOR is responsible; or d. In the opinion of the OWNER that CONTRACTOR's work is not progressing satisfactorily. OWNER herein ( X ) designates or (_) does not designate an agent (i.e., an architect or engineer) that must approve any payment request or invoice before the payment request or invoice is submitted to OWNER for payment. If an agent must approve the payment request or invoice before the payment request or invoice is submitted to OWNER, payment is due 25 business days after the date on which the payment request or invoice is stamped as received as provided in s. 218.74(1), Florida Statutes, except to the extent that the payment request or invoice does not meet contract requirements. The CONTRACTOR may send OWNER an overdue notice. If the payment request or invoice is not rejected within 4 business days after delivery of the overdue notice, the payment request or invoice shall be deemed accepted, except for any portion of the payment request or invoice that is inaccurate or misleading. If an agent need not approve the payment request or invoice submitted by CONTRACTOR, payment is due 20 business days after the date on which the payment request or invoice is stamped as received as provided in s. 218.74(1), Florida Statutes, except to the extent that the payment request or invoice does not meet contract requirements. If OWNER disputes a portion of a payment request or an invoice, the undisputed portion shall be timely paid. OWNER shall reject payment requests or invoices in accordance with the procedure established in s. 218.735, Florida Statutes. OWNER hereby identifies the Capital Projects Department as the agent or office to which the CONTRACTOR must submit payment requests or invoices to OWNER. The OWNER further hereby identifies Tim Carlisle, Attn: Tim, as the agent that must approve payment requests prior to their submission to OWNER. 13. FINAL PAYMENT; CHANGE ORDERS - OWNER shall withhold up to 5% of the Contract Price throughout the project in accordance with the Local Government Prompt Payment Act ("Act"). The retainage amount withheld may be released with the Final Payment after the issuance of the Final Completion Certificate. Consent of surety is required for final payment. OWNER shall make final payment to CONTRACTOR within thirty (30) days after the work is fully and properly completed, if the contract has been fully and timely performed, but subject to the condition that final payment shall not be due until CONTRACTOR has delivered to OWNER all close-out documentation. By making payments OWNER does not waive claims including but not limited to those relating to: Form v.12.2022 6 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Effluent Transfer Pump Station Structural Rehab a. Faulty work appearing after substantial completion has been granted; b. Work that does not comply with the Contract Documents; or c. Failure of Contractor to comply with any special guarantees required by the Contract Documents. Progress payments may be withheld if Work is found defective and not remedied; CONTRACTOR does not provide consent of surety with each progress application a subcontractor is damaged by an act for which CONTRACTOR is responsible; ; or in the opinion of the OWNER, CONTRACTOR'S work is not progressing satisfactorily. Further, OWNER may withhold additional payment in anticipation of liquidated damages equal to the product of the number of Days after the scheduled Contract Time (Substantial Completion or Final Completion) and the amount of liquidated damages set forth in this Contract if CONTRACTOR is behind schedule and it is anticipated by OWNER that the Work will not be completed within the Contract Time. The additional payment, under this subsection, may at the OWNER'S discretion be withheld from subsequent Progress Payments. The City, by written change order and without invalidating the Agreement, may order extra Work or make changes by altering, adding to, or deducting from the Work, the contract sum being adjusted accordingly. Additional time required for any change in Work must be included with the requested Change Order. In giving instructions, the City's Project Manager will have authority to make minor changes in the Work, not involving extra cost or time, and not inconsistent with the purpose of the Work, but otherwise, except in an emergency endangering life or property, no extra work or change will be made unless it goes through the City's written Change Order process and is approved by the City, and no claim for an addition to the contract sum or time will be valid unless so ordered in writing. The value of any such extra Work or change will be determined in one or more of the following ways: 1. By mutual acceptance of a lump sum. 2. By unit prices named in the contract or subsequently agreed upon. 3. By cost and percentage or by cost and a fixed fee. If none of the above methods is agreed upon, the CONTRACTOR, provided it receives an order as above, shall proceed with the work. In such case and also under case (3) above, the CONTRACTOR shall keep and present in such form as the City's Project Manager may direct, a correct account of the actual cost of labor and materials, substantiated by back- up documentation. In any case, the City's Project Manager will certify to the amount, including reasonable allowances for overhead and profit, due to the CONTRACTOR. Form v.12.2022 7 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Effluent Transfer Pump Station Structural Rehab Pending final determination of value, payments on account of changes will be made on the City's Project Manager's estimate. Furthermore, if the CONTRACTOR claims that any instructions by drawings or otherwise involve extra cost under the Contract Documents, it shall give the City written notice thereof within ten (10) days after the receipt of such instructions, and in any event before proceeding to execute the work, except in emergency endangering life or property, and the procedure shall then be as provided above under this section. Claims will not be processed unless filed in writing before any work has commenced. In addition, if the City's Project Manager deems it appropriate the City may accept defective or incomplete work and an equitable deduction from the Contract Price will be made therefor by Change Order. 14. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT: DUTIES AND AUTHORITY - The duties and authority of the OWNER are as follows: a. General Administration of Contract. The primary function of the OWNER is to provide the general administration of the contract. In performance of these duties, Tim Carlisle, Capital Projects Director or his authorized representative is the OWNER's Project Manager during the entire period of construction. The OWNER (CITY) may change the Project Manager during the term of this contract. b. Inspections. Opinions. and Progress Reports. The OWNER and its representatives shall be kept familiar with the progress and quality of the work by CONTRACTOR and may make periodic visits to the work site. The OWNER will not be responsible for the means of construction, or for the sequences, methods, and procedures used therein, or for the CONTRACTOR'S failure to perform the work in accordance with the Contract Documents. c. Access to Worksite for Inspections. The OWNER and its representatives shall be given free access to the worksite at all times during work preparation and progress. The Project Manager is not obligated to make exhaustive or continuous on -site inspections to perform his duties of checking and reporting on work progress, and any such inspections shall not waive Owner's claim regarding defective work by Contractor. No inspector is authorized to change any provision of the specifications without written authorization of the City's Project Manager, nor shall the presence or absence of an inspector relieve the CONTRACTOR from any requirements of the Contract Documents. If the specifications, the City's instructions, laws, ordinances, or any public authority, require any work to be specially tested or approved, the CONTRACTOR shall give the City timely notice of its readiness for inspection, and of the date fixed for such inspection. Inspections by the City's Project Manager will be promptly made. If upon inspection such work is found not in accordance with the Contract Documents, the CONTRACTOR shall pay such cost, including compensation for professional services, and an appropriate deductive Change Order shall be issued. 8 Form v.12.2022 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Effluent Transfer Pump Station Structural Rehab d. Interpretation of Contract Documents: Decisions on Disputes. The OWNER will be the initial interpreter of the contract document requirements, and make decisions on claims and disputes between Contractor and Owner. e. Rejection and Stoppage of Work. The OWNER shall have authority to reject work which in its opinion does not conform to the Contract Documents, and in this connection may stop the work or a portion thereof, when necessary. f. Payment Certificates. The OWNER will determine the amounts owing to CONTRACTOR as the work progresses, based on CONTRACTOR's applications and OWNER's inspections and observations, and will issue certificates for progress payments and final payments in accordance with the terms of the Contract Documents. g. City Reviews and Status. The City's review, inspection, or approval of any Work, applications for payment, or other submittals shall be solely for the purpose of determining whether the same are generally consistent with the City's scope and requirements for the project. No review, inspection, or approval by the City of such Work or documents shall relieve the CONTRACTOR of its responsibility for the performance of its obligations under the Contract Documents or the accuracy, adequacy, fitness, suitability, or coordination of the Work. Approval by any governmental or other regulatory agency or other governing body of any Work, design document, or construction document shall not relieve CONTRACTOR of responsibility for the performance of its obligations under the Contract Documents. Payment by the City pursuant to the Contract Documents shall not constitute a waiver of any of the City's rights under the Contract Documents or at law, and CONTRACTOR expressly accepts the risk that defects in its performance, if any, may not be discovered until after payment, including final payment, is made by the City. Notwithstanding the foregoing, prompt written notice shall be given by the City or City Project Manager to the CONTRACTOR if the City becomes aware of any fault or defect in the Projects or non-conformance with the Contract Documents. Furthermore, the City shall not have control or charge of construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, nor shall the CONTRACTOR, for any of the foregoing purposes, be deemed the agent of the City. 15. PROGRESS MEETINGS —OWNER'S Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the OWNER, during the term of work entered into under this Agreement. CONTRACTOR'S Project Manager and all other appropriate personnel shall attend such meetings as designated by the OWNER'S Project Manager. 16. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the project herein are as follows: a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely responsible for all construction under this contract, including the techniques, sequences, 9 Form v. 12.2022 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Effluent Transfer Pump Station Structural Rehab procedures and means, for the coordination of all work. CONTRACTOR shall supervise and direct the work, and give it all attention necessary for such proper supervision and direction. b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline among his employees, and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job for which he was employed. c. Furnishing of Labor. Materials. etc. CONTRACTOR shall provide and pay for all labor, materials and equipment, including tools, construction equipment and machinery, utilities, including water, transportation, and all other facilities and work necessary for the proper completion of work on the project in accordance with the Contract Documents. d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure all licenses and permits necessary for proper completion of the work, paying the fees thereof. CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract Documents) hold or will secure all trade or professional licenses required by law for CONTRACTOR to undertake the contract work. e. Guarantee. The CONTRACTOR hereby guarantees the Work to the full extent provided in the Plans, Specifications, General Conditions, Special Conditions and other Contract Documents. The CONTRACTOR shall remove, replace and/or repair at its own expense and at the convenience of the OWNER any faulty, defective or improper Work, materials or equipment discovered within one (1) year from the date of the acceptance of the project as a whole by the Owner or for such longer period as may be provided in the Plans, Specifications, General Conditions, Special Conditions or other Contract Documents. Without limiting the generality of the foregoing, the CONTRACTOR warrants to the OWNER, that all materials and equipment furnished under this Agreement will be of first- class quality and new, unless otherwise required or permitted by the other Contract Documents, that the Work performed pursuant to this Agreement will be free from defects and that the Work will strictly conform with the requirements of the Contract Documents. Work not conforming to such requirements, including substitutions not properly approved and authorized, shall be considered defective. All warranties contained in this Agreement and in the Contract Documents shall be in addition to and not in limitation of all other warranties or remedies required and/or arising pursuant to applicable law. Furthermore, CONTRACTOR will provide written guarantee for work and materials for one (1) calendar year after acceptance by OWNER. The one (1) period is not a limitation upon manufacturer warranties or CONTRACTOR's payment and performance Bond(s). f. Project Site. The CONTRACTOR shall, among other things, (i) visit and thoroughly inspect the project site and any structure(s) or other man-made features to be modified and become familiar with local conditions under which the project will be constructed and operated; (ii) if applicable, familiarize itself with the survey, including the location of all existing buildings, utilities, conditions, streets, equipment, components, and other 10 Form v.12.2022 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Effluent Transfer Pump Station Structural Rehab attributes having or likely to have an impact on the project; (iii) familiarize itself with the City's layout and design requirements, conceptual design objectives, and budget for the project; (iv) familiarize itself with pertinent Project dates, including the Project Schedule; (v) review and analyze all project geotechnical, hazardous substances, structural, chemical, electrical, mechanical, and construction materials tests, investigations, and recommendations; and (vi) gather any other information necessary for a thorough understanding of the project. If the project involve modifications to any existing structure(s) or other man-made feature(s) on the project site, the CONTRACTOR shall also review all as -built and record drawings, plans, and specifications of adjacent work which the CONTRACTOR requests from the City, and shall thoroughly inspect the existing structure(s) and man-made feature(s) to identify existing deficiencies and ascertain the specific locations of pertinent structural components. Claims by the CONTRACTOR resulting from its failure to familiarize itself with the project site or pertinent documents shall be deemed waived. 17. ASSIGNMENT - CONTRACTOR shall not assign this Agreement, or any rights or any monies due or to become due hereunder without the prior, written consent of the OWNER. a. CONTRACTOR shall be fully responsible to OWNER for all acts and/or omissions performed by its subcontractors. b. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide OWNER and its affiliates with insurance coverage as set forth by the OWNER. 18. THIRD PARTY RIGHTS - Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than OWNER and CONTRACTOR. 19. PROHIBITION AGAINST CONTINGENT FEES - CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 20. NO JOINT VENTURE - Nothing herein shall be deemed to create ajoint venture or principal - agent relationship between the parties and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 21. INDEMNIFICATION — CONTRACTOR shall indemnify and hold harmless the OWNER, its officers, employees, agents, engineer, and city attorneys (individually and in their official capacity, from liability, losses, damages, and costs, including, but not limited to, reasonable Form v.12.2022 11 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Effluent Transfer Pump Station Structural Rehab attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Agreement. CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR'S own employees against the OWNER and, solely for the purpose of this indemnification and defense, CONTRACTOR specifically waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. This waiver has been specifically and mutually negotiated by the parties. The indemnification provided above shall obligate the CONTRACTOR to defend at its own expense or to provide for such defense, at the option of the OWNER, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the OWNER or its officers, employees, and city attorneys which may covered by this indemnification. In all events the OWNER and its officers, employees, engineer, and city attorneys shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. In consideration of the CONTRACTOR's indemnity obligations, the parties allocate ONE PERCENT (1%) OF THE CONTRACT SUM as specific consideration for CONTRACTOR's indemnification of OWNER and that the specific consideration is included in the original Contract Price allocated by CONTRACTOR among all pay items - receipt of which is acknowledged. The indemnity provisions set forth in this Paragraph shall survive termination of this Agreement. 22. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, contractors, and agents while performing work provided hereunder. More specifically, the CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. The CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. All employees on the project site and other persons who may be affected thereby. 2. All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the project site. 3. Other property at the project site or adjacent thereto. CONTRACTOR shall comply with all applicable Federal Occupational Safety and Health Administration (OSHA) and Florida Department of Transportation safety standards and shall assure and monitor the compliance of its Subcontractors with those same standards. Form v.12.2022 12 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Effluent Transfer Pump Station Structural Rehab Further, CONTRACTOR shall work in compliance with the OSHA Hazardous Communication Standard and Florida Department of Environmental Protection guidelines, and shall supply all information about hazardous chemical being brought onto City property as required by any applicable City Safety and Loss Control Program. 23. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and warrants to the OWNER the following: a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by CONTRACTOR has been duly authorized by the board of directors and/or president of CONTRACTOR. In support of said representation, CONTRACTOR agrees to provide a copy to the OWNER of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to provide a copy of all said licenses to the OWNER prior to the execution of this Agreement. 24. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in accordance with Florida law and in substantially in conformance with the forms attached to the Agreement as Exhibit "A" and approved by the City Attorney. The materials, performance, and payment amounts shall be in an amount equal to 100% of the Contract Price for the work prescribed herein. The issuance of bonds required under this Agreement shall not relieve Contractor of any liability under the Agreement. Contractor shall remain jointly and severally liable with any surety issuing a bond under the Contract. The premium for such bonds is included in the Contract Price. 25. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for providing the types of insurance and limits of liability as set forth under this Paragraph. Additionally, all independent contractors or agents employed by CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions contained in these Contract Documents. a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum amount of $2,000,000 as the combined single limit for each occurrence to protect the CONTRACTOR from claims of property damages which may arise from any Work 13 Form v.12.2022 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Effluent Transfer Pump Station Structural Rehab performed under this Agreement whether such Work are performed by the CONTRACTOR or by anyone directly employed by or contracting with the CONTRACTOR. b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000 property damage as the combined single limit for each occurrence to protect the CONTRACTOR from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non -owned automobiles, including rented automobiles whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR. c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance in at least such amounts as are required by law and Employer's Liability Insurance in the minimum amount of $2,000,000 for all of its employees performing Work for the OWNER pursuant to this Agreement. d. The CONTRACTOR shall maintain comprehensive builder risk insurance, which shall cover CONTRACTOR'S labor, and any materials and equipment to be used for completion of the Work performed under this Agreement, against all risks of direct physical loss, excluding earthquake and flood, for a minimum amount of the Total Contract Price. CONTRACTOR shall maintain the builder risk insurance required by this subsection until final completion. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of Insurance shall be provided to the OWNER by CONTRACTOR upon the Effective Date of this Agreement which satisfied the insurance requirements of this Paragraph 25. Renewal certificates shall be sent to the OWNER 30 days prior to any expiration date. There shall also be a 30-day advance written notification to the OWNER in the event of cancellation or modification of any stipulated insurance coverage. The OWNER and its engineer shall be an additional named insured on all stipulated insurance policies as its interest may appear, from time to time, excluding worker's compensation and professional liability policies. Insurance covering the specified additional insureds shall be primary insurance, and all other insurance carried by the additional insured shall be excess insurance; and with respect to workers' compensation and employer's liability, comprehensive automobile liability, commercial general liability, and umbrella liability insurance, CONTRACTOR shall require CONTRACTOR's insurance carriers to waive all rights of subrogation against OWNER and its engineer, the engineer's consultants, and their respective officers, directors, partners, employees and agents. 14 Form v.12.2022 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Effluent Transfer Pump Station Structural Rehab Each policy shall contain a cross liability or severability of interest clause or endorsement. 26. MEDIATION/VENUE - The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in mediation. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for BREVARD County, Florida. The Contractor's surety is bound by this provision. 27. GOVERNING LAW & VENUE - This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be BREVARD County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. The Contractor's surety is bound by this provision. 28. ATTORNEY'S FEES - Should either party bring an action to enforce any of the terms of this Agreement, each party shall bear its own costs and expenses of such action including, but not limited to, reasonable attorney's fees, whether at settlement, trial or on appeal. This provision does not apply to Contractor's surety. 29. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid, to the applicable party at the address shown on the first page of this Contract. 30. WORK IS A PRIVATE UNDERTAKING - With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the OWNER and CONTRACTOR is such that the CONTRACTOR is an independent contractor and not an agent of the OWNER. The CONTRACTOR, its contractors, partners, agents, and their employees are independent contractors and not employees of the OWNER. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the OWNER, on one hand, and the CONTRACTOR, its contractors, partners, employees, or agents, during or after the performance of the Work under this Agreement. 31. DOCUMENTS - Public Records: It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the CONTRACTOR and its independent contractors and associates related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the OWNER or the CONTRACTOR. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the CONTRACTOR is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the OWNER's City Manager. Upon request by the OWNER, the CONTRACTOR shall promptly supply copies of said public records to the OWNER. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the CONTRACTOR be open Form v.12.2022 15 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Effluent Transfer Pump Station Structural Rehab and freely exhibited to the OWNER for the purpose of examination and/or audit. Failure by CONTRACTOR to grant such access and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the OWNER upon delivery of a written notice of cancellation. If CONTRACTOR fails to comply with this Section, and the OWNER must enforce this Section, or the OWNER suffers a third party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to CONTRACTOR's failure to comply with this Section, the OWNER shall collect from CONTRACTOR prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Section against CONTRACTOR. And, if applicable, the OWNER shall also be entitled to reimbursement of all attorneys' fees and damages which the OWNER had to pay a third party because of the CONTRACTOR's failure to comply with this Section. The terms and conditions set forth in this Section shall survive the termination of this Agreement. The CONTRACTOR acknowledges that the OWNER is a Florida municipal corporation and subject to the Florida Public Records Law. CONTRACTOR agrees that to the extent any document produced by CONTRACTOR under this Agreement constitutes a Public Record; CONTRACTOR shall comply with the Florida Public Records Law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE CITY CLERK, AT (321) 868-1220, ext. 207, cityclerk@capecanaveral.gov, City Clerk's Office, 100 Polk Avenue, Cape Canaveral, Florida 32920. 32. SOVEREIGN IMMUNITY - The OWNER intends to avail itself of the benefits of Section 768.28, Florida Statutes and any other statutes and common law governing sovereign immunity to the fullest extent possible. Neither this provision nor any other provision of this Agreement shall be construed as a waiver of the OWNER's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the OWNER's potential liability under state or federal law. CONTRACTOR agrees that OWNER shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, OWNER shall not be liable for any claim or judgment, or portion thereof, to any one person for over two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds three hundred thousand dollars ($300,000.00). Nothing in this Agreement is intended to inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. This paragraph shall survive termination of this Agreement. 33. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. Form v.12.2022 16 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Effluent Transfer Pump Station Structural Rehab 34. INTEGRATION; MODIFICATION - The drafting, execution, and delivery of this Agreement by the Parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be made in writing signed by both parties. 35. WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any terms, or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 36. DRAFTING - OWNER and CONTRACTOR each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 37. NOTICE - Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, certified mail, return receipt requested, postage prepaid to: For CONTRACTOR: Company Name: Attn: Address: Phone: Fax: For OWNER: City of Cape Canaveral Attn: City Manager 100 Polk Avenue Cape Canaveral, Florida 321-868-1220 Either party may change the notice address by providing the other party written notice of the change. Any Notice given as provided herein shall be deemed received as follows: if delivered by personal service, on the date so delivered; if delivered to an overnight courier service, on the Form v.12.2022 17 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Effluent Transfer Pump Station Structural Rehab business day immediately following delivery to such service; and if mailed, on the third business day after mailing. 38. CONFLICT OF INTEREST. a. The CONTRACTOR agrees that it will not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Contract with the OWNER or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government and the OWNER's Personnel Policies. b. The CONTRACTOR hereby certifies that no officer, agent or employee of the OWNER has any material interest (as defined in Section 112.312 (15), Florida Statutes, as over five percent (5%) either directly or indirectly, in the business of the CONTRACTOR to be conducted here, and that no such person shall have any such interest at any time during the term of this CONTRACT. c. Pursuant to Section 216.347, Florida Statutes, the CONTRACTOR hereby agrees that monies received from the OWNER pursuant to this Agreement will not be used for the purpose of lobbying the Legislature or any other State or Federal Agency. 39. ADDITIONAL ASSURANCES. a. No principal (which includes officers, directors, or executive) or individual holding a professional license and performing Work under this Agreement is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any Work required by this Agreement by any Federal, State, or local governmental commission, department, corporation, subdivision, or agency; b. No principal (which includes officers, directors, or executive), individual holding a professional license and performing Work under this Agreement, employee, or agent has employed or otherwise provided compensation to, any employee or officer of the OWNER; and c. No principal (which includes officers, directors, or executive), individual holding a professional license and performing Work under this Agreement, employee or agent has willfully offered an employee or officer of the OWNER any pecuniary or other benefit with the intent to influence the employee or officer's official action or judgment. 40. E-VERIFY - Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, any City contractors shall register with and use the U.S. Department of Homeland Security's E- Verify system, https://e-verify.uscis.gov/emp, to verify the work authorization status of all employees hired on and after January 1, 2021. City Contractors must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Form v.12.2022 18 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Effluent Transfer Pump Station Structural Rehab Contractor stating all employees hired on and after January 1, 2021 have had their work authorization status verified through the E-Verify system and a copy of their proof of registration in the E-Verify system. Failure to comply with this provision will be a material breach of the contract, and shall result in the immediate termination of the contract without penalty to the City. The City Contractor shall be liable for all costs incurred by the City securing a replacement contract, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable. If the City Contractor utilizes Subcontractors the following shall apply: a. Contractor shall also require all subcontractors performing work under the Agreement to use the E-Verify system for any employees they may hire during the term of the Agreement. b. Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. c. Contractor shall provide a copy of all subcontractor affidavits to the City upon receipt and shall maintain a copy for the duration of the Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. ATTEST: Mia Goforth, City Clerk CITY OF CAPE CANAVERAL By: Todd Morley, City Manager Date: 19 Form v.12.2022 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Effluent Transfer Pump Station Structural Rehab CONTRACTOR By: Print name/title: Date: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of () physical presence or () online notarization, this day of , 2024, by , the of , who is personally known to me or who produced as identification and who did take an oath. (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: 20 Form v.12.2022 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Effluent Transfer Pump Station Structural Rehab EXHIBIT A Performance and Payment Bond In compliance with the Florida Statutes Chapter 255.05 (1) (a) BOND NO.: Contractor Name: Contractor Address: Contractor Phone No.: Surety Company: Surety Agent: Owner Name: Owner Address: Owner Phone No. Owner Fax No. Owner Email: Contract Date: Contract Amount: Bond Amount: Contract No. (if applicable): City of Cape Canaveral 100 Polk Avenue Cape Canaveral, Florida 32920 (321) 868-1220, x208 (321) 868-1247 T.morley@capecanaveral.gov $ $ 21 Form v.12.2022 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Effluent Transfer Pump Station Structural Rehab Description of Work: Project Address: Legal Description: Bid Number: BY THIS BOND, we as Principal and a Corporation as Surety, are bound to City of Cape Canaveral , herein called Owner, in the sum of $ , for payment of which we bind ourselves, our heirs, Personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: a. Performs the contract dated , 20 , between Principal and Owner for construction of as specified for the location, the contract being made a part of this bond by reference, at the times and in the manner prescribed in this contract; and b. Promptly makes payments to all claimants, as defined in section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution if the work provided for the contract; and c. Pays Owner all losses, damages, including delay damages, expenses, and costs that Owner sustains because of a default by Principal under the contract; and d. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract and by law, then this bond is to be void; otherwise it remains in full force and effect. e. In any action against this performance bond, the Owner is entitled to attorney's fees under sections 627.428 and 627.756, Florida Statutes, and Danis Industries Corp. v. Ground Improvement Techniques, 645 So.2d 420 (Fla. 1994) and McCarthy Bros. Co. v. Tilbury Construction, Inc., 849 So.2d 7 (Fla. 15` DCA 2003), including appellate attorney's fees. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Form v.12.2022 22 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Effluent Transfer Pump Station Structural Rehab Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. IN WITNESS WHEREOF, the said Principal and Surety have assigned and sealed this instrument this day of 20 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature Title SURETY Company: (Corporate Seal) Signature Title Form v.12.2022 23 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Effluent Transfer Pump Station Structural Rehab CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JUNE 18, 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: Background: 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). Eighteen years ago, it was updated 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). Previous Discussions: 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. (Attachment 3). City Council discussed two alternate proposals at the May 21, 2024, City Council Regular Meeting. The first proposed an increase to 9% for the 401(a) plan and 4% for the 457(b) plan, with a budgetary impact of $90,605 (Attachment 4). The second considered an increase to 10% for the 401(a) while maintaining the status quo of 3% for the 457(b) plan, with a corresponding budgetary impact of $92,940 (Attachment 5). Council reached a consensus to direct staff to amend Section 1 of the draft resolution to reflect a six-month probationary period for vesting, with employer contributions beginning at the end of this period (Attachment 6). Staff was further instructed to provide information on the financial impacts of a vesting period change, comparing the current rate structure to the proposed changes for further discussion. Eligibility Period Change: By reducing the eligibility period from 12 months to 6 months, the financial impact, based on current employees who still have not reached their eligibility period, would be approximately $12,478 if each of the employees contributed enough to fully utilize the Cape Canaveral 3% match. Vesting Schedule Changes: Historically, Cape Canaveral has used forfeited funds to offset employer contributions to the plan. These funds would no longer be available if the vesting requirement were removed. As presented on March 19, 2024, Jeremy Button, Florida League of Cities' (FLC) Retirement Financial Analyst, who handles the City's Defined Contribution Plan, acknowledged the common public sector practice of reducing or removing a vesting period. After reviewing the minimal financial impact from the annual average of the City's forfeiture account (Attachments 7), it was advised to remove the vesting schedule. Implementing immediate vesting upon completion of an employee's probation period is expected to enhance our ability to attract and retain employees, far outweighing the potential loss of forfeited funds in terms of recruitment and retention benefits. Contribution Changes: If an alternate proposal rate structure is approved with an increase to 9% non -elective and 4% match for the 401(a) plan, the annual financial impact would be an additional $3,380 if the eligibility changes are made for the employees that have not reached their eligibility City of Cape Canaveral City Council Meeting • June 18, 2024 Agenda Item # 6 Page 2 of 2 period. Combined with the previously proposed annual budgetary impact of $90,605, this brings the total to $93,985 for year 1, plus impacts for future wage increases. Attachment 9 is Resolution 2024-02, which contains revised vesting language. The resolution, if approved, will take effect on October 13, 2024, aligning with the commencement of the initial pay period in FY 24/25. Costs would also change based on whether employees contribute enough to receive the full match. Submitting Department Director: Natalie Harmon Attachments: 1. Resolution No. 2001-27 2. Resolution No. 2006-51 3. Resolution No. 2024-02 Original 4. Proposal — 9% 401(a) 4% 457(b) 5. Proposal — 10% 401(a) 3% 457(b) 6. Draft Minutes portion — City Council Regular Meeting May 21, 2024 7. Forfeiture account data 8. Resolution No. 2024-02 Revised 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 contribution amounts on Resolution No. 2024-02 and consider adoption of Resolution No. 2024-02 (Revised). 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. 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 ATTEST: Susan Stills, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY FOR AGAINST Burt Bruns X Buzz Petsos X Rocky Randels X Richard Treverton Motion Larry Weber Second Florida Municipal Pension Trust Fund RESOLUTION 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-cape@cfl.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 X January 1 — December 31 Other CO Florida Municipal Pension Trust Fund Florida League of Cities, Inc. Florida Municipal Pension Trust Fund RESOLUTION NO. 01-27 EXHIBIT 1 § 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? 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 3. 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 Florida Municipal Pension Trust Fund § 401(a) Defined Contribution Plan Adoption Agreement RESOLUTION NO. 01-27 EXHIBIT 1 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): X Non -elective Contributions — 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. 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 Florida Municipal Pension Trust Fund RESOLUTION NO. 01-27 EXHIBIT 1 § 401(a) Defined Contribution Plan Adoption Agreement Benefit Compensation Benefit Compensation means the Participant's: X- 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- X the schedule marked below Vested percent: Years of Ve Service [ ] [ ] [ ] [ X ] [ ] 1 2 3 4 5 6 7 0% 20% 0% 0% 40% 25% 0% 60% 50% **** 0% 80% 75% **** 100% 100% 100% **** **** **** **** **** **** **** **** 0 Florida Municipal Pension Trust Fund Florida League of Cities, Inc. page 4 Florida Municipal Pension Trust Fund 40 (a) Defined Contribution Plan Adoption Agreement RESOLUTION NO. 01-27 EXHIBIT 1 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% 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 Cape Canaveral Participating Employer Date: 9/18/2001 Accepted for the: Florida Municipal Pension Trust Fund By the Administration BY: Name: Title: Mayor-- City of Cape Canaveral © Florida Municipal Pension Trust Fund Florida League of Cities, Inc. Page 6 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, 2006 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 Apprpoved as to Form: Anthony A. Garganese, City Attorney Rocky Randels, Mayor Name For Against Robert Hoog X Leo Nicholas X Buzz Petsos Motion Rocky Randels X Shannon Roberts Second 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 Government Entity Address Address City-State-Zip Individual to Receive Plan Notices Title Telephone Fax e-mail City of Cape Canaveral 105 Polk Avenue P.O. Box 326 Cape Canaveral, FL 32920 Bennett Boucher City Manager 321-868-1230 321-868-1248 boucher-cape@cfl.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 Contact: Paul Shamoun, Retirement Services Manager, PTShamoun@flcities.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 X- 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: X- 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, Mayor Accepted for the: Florida Municipal Pension Trust Fund By the Administrator: Florida League of Cities, Inc Date: Attachment 3 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 Service 1 *** 2 *** 3 *** 4 *** 5 *** 6 *** 7 *** 8 *** 9 *** 10 *** 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 19th day of March, 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 Attachment 4 2023 Retirement Plan Costs Projected Plan Costs 7%non-elective: $ 216,861.58 9.0%non-elective: $ 278,822.03 3%match: S 85,934.30 4.0%match: $ 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% 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 DRAFT Attachment 6 City of Cape Canaveral, Florida City Council Regular Meeting • May 21, 2024 Minutes • Page 2 of 3 CONSENT AGENDA: Mayor Morrison removed Item 4. 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) A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to approve Consent Agenda Items 1, 2 and 3. The motion carried 5-0. #4. Discussion ensued regarding Advisory Board Procedures. A motion was made by Council Member Davis, seconded by Council Member Willis, to approve Resolution No. 2024-03. The motion carried 5-0. ITEMS FOR ACTION: 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: City Manager Morley explained the Item. Discussion ensued. City Attorney Garganese clarified the 5.0% rate increase was approved already, a resolution is required to decrease or increase that rate, and noted the complicated process to do so. Discussion ensued. Financial Services Director DeLeo discussed Council action will be required by July 15, 2024 in order to give the City of Cocoa enough time to upload new rates, and that there is no way to predict revenue from Capital Improvement Projects that Council has yet to approve. No action was taken. 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: City Manager Morley explained the Item, and clarified that the draft Resolution should reflect immediate vesting at six months rather than the day someone is hired, and the employer paid contributions need to align with that time period. Discussion ensued. (Yellow Highlighted) - Council reached consensus to direct Staff to amend Section 1 of the draft Resolution to reflect a six-month probationary period for vesting with employer contributions to begin at that time, bring the Item back to the June 18, 2024 City Council Regular Meeting, and provide financial impacts of the current rate structure versus the proposed. Mayor Morrison recessed the meeting at 7:39 p.m. The meeting reconvened at 7:53 p.m. ITEMS FOR DISCUSSION: 7. Discussion regarding Resolution 2022-28 (Submitted by Council Member Davis): Council Member Davis explained the Item. Discussion ensued. City Attorney Garganese explained the Resolution's intended purpose is to provide guidance for the City Council to follow. City Manager Morley discussed City Manager/Council Member one-on-one meetings versus conducting a public meeting with the entire Council for preparation before City Council Regular Meetings, and offered to find out whether other cities conduct the latter from the Space Coast Managers Association. Patrick Campbell, resident, discussed support for conducting City Council workshops to prepare for the agenda versus one on one meetings with the City Manager. No action was taken. Attachment 7 SCE . Remove the City's current vesting period. 2 yrs. = 25% 3 yrs. = 50% 4 yrs. = 75% 5 yrs. = 100% ▪ New Employees can participate after completion of 6 month probation . Immediate vesting upon successful completion of the probation period is expected to enhance our ability to attract and retain employees, out- weighing the loss of forfeiture funds. CITY OF CAPE CANAVERAL From: Jeremy Button To: Natalie Harmon Subject: RE: Emailing:Attachment 8 Date: Tuesday,June 11,2024 7:34:27 AM Warning-This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcaaecanaveral.orq Hi Natalie, Those numbers Melinda had did not include a bunch of folks that we just forfeited. So those numbers are low. They were correct numbers, but maybe not the most accurate,given the fact there were a bunch of unvested and partially vested folks that were not accounted for. Also, based on your other email, it was as of 11/2/2023. The numbers below are as of today. Thanks, Current balance is now $112,496.15. Year Forfeiture 2024 $89,929.12 2023 0 2022 $20,575.16 2021 $3,897.09 2020 $10,244.61 2019 0 2018 $3,768.50 Average $18,344.93 Description Trade Date Processed Amount Date PL INCREASE EARNINGS 5/31/2024 6/4/2024 $260.70 $112,496.15 PL INCREASE EARNINGS 5/31/2024 6/4/2024 $97-55 $112,235.45 PL PURCHASE FROM PARTICIPANT 5/24/2024 5/24/2024 $2,685.76 TERM $112,137.90 PL PURCHASE FROM PARTICIPANT 5/24/2024 5/24/2024 $6,887.44 TERM $109,452.14 PL PURCHASE FROM PARTICIPANT 5/23/2024 5/23/2024 $6,458.23 TERM $102,564.70 PL PURCHASE FROM PARTICIPANT 5/23/2024 5/23/2024 $1,851.31 TERM $96,106.47 PL PURCHASE FROM PARTICIPANT 5/23/2024 5/23/2024 $5,393.56 TERM $94,255.16 PL PURCHASE FROM PARTICIPANT 5/23/2024 5/23/2024 $10,267.25 TERM $88,861.60 PL PURCHASE FROM PARTICIPANT 5/23/2024 5/23/2024 $3,027.19 TERM $78,594.35 PL PURCHASE FROM PARTICIPANT 5/23/2024 5/23/2024 $164.04 TERM $75,567.16 PL PURCHASE FROM PARTICIPANT 5/23/2024 5/23/2024 $3,560.85 TERM $75,403.12 PL PURCHASE FROM PARTICIPANT 5/23/2024 5/23/2024 $6,554.13 TERM $71,842.27 PL PURCHASE FROM PARTICIPANT 5/23/2024 5/23/2024 $7,266.89 TERM $65,288.14 PL PURCHASE FROM PARTICIPANT 5/23/2024 5/23/2024 $3,505.59 TERM $58,021.25 PL PURCHASE FROM PARTICIPANT 5/23/2024 5/23/2024 $4,177.92 TERM $54,515.66 PL PURCHASE FROM PARTICIPANT 5/23/2024 5/23/2024 $1,650.67 TERM $50,337.74 PL PURCHASE FROM PARTICIPANT 5/23/2024 5/23/2024 $2,771.62 TERM $48,687.07 PL PURCHASE FROM PARTICIPANT 5/23/2024 5/23/2024 $581.54 TERM _ $45,915.45 PL PURCHASE FROM PARTICIPANT 5/23/2024 5/23/2024 $2,240.94 TERM $45,333.91 PL PURCHASE FROM PARTICIPANT 5/23/2024 5/23/2024 $3,924.69 TERM $43,092.97 PL PURCHASE FROM PARTICIPANT 5/23/2024 5/23/2024 $1,291.57 TERM $39,168.28 PL PURCHASE FROM PARTICIPANT 5/23/2024 5/23/2024 $2,808.92 TERM $37,876.71 PL PURCHASE FROM PARTICIPANT 5/23/2024 5/23/2024 $2,946.27 TERM $35,067.79 PL PURCHASE FROM PARTICIPANT 5/23/2024 5/23/2024 $1,439.28 TERM $32,121.52 PL PURCHASE FROM PARTICIPANT 5/23/2024 5/23/2024 $1,765.61 TERM $30,682.24 PL PURCHASE FROM PARTICIPANT 5/23/2024 5/23/2024 $706.06 TERM $28,916.63 PL INCREASE EARNINGS 4/30/2024 5/1/2024 $31.79 $28,210.57 PL INCREASE EARNINGS 4/30/2024 5/1/2024 $89.84 $28,178.78 PL PURCHASE FROM PARTICIPANT 3/28/2024 3/28/2024 $4,201.22 TERM $28,088.94 PL INCREASE EARNINGS 3/28/2024 4/1/2024 $88.40 $23,887.72 PL PURCHASE FROM PARTICIPANT 3/28/2024 3/28/2024 $1,800.57 TERM $23,799.32 PL INCREASE EARNINGS 3/28/2024 4/1/2024 $31.28 $21,998.75 PL INCREASE EARNINGS 2/29/2024 3/1/2024 $22.97 $21,967.47 PL INCREASE EARNINGS 2/29/2024 3/1/2024 $68.62 $21,944.50 PL INCREASE EARNINGS 1/31/2024 2/1/2024 $73.14 $21,875.88 PL INCREASE EARNINGS 1/31/2024 2/1/2024 $24.48 $21,802.74 PL INCREASE EARNINGS 12/29/2023 1/2/2024 $24.46 $21,778.26 PL INCREASE EARNINGS 12/29/2023 1/2/2024 $73.07 $21,753.80 PL INCREASE EARNINGS 11/30/2023 12/1/2023 $70.39 $21,680.73 PL INCREASE EARNINGS 11/30/2023 12/1/2023 $23.56 $21,610.34 PL INCREASE EARNINGS 10/31/2023 11/1/2023 $24.19 $21,586.78 PL INCREASE EARNINGS 10/31/2023 11/1/2023 $72.27 $21,562.59 PL INCREASE EARNINGS 9/29/2023 10/2/2023 $69.56 $21,490.32 PL INCREASE EARNINGS 9/29/2023 10/2/2023 $23.28 $21,420.76 PL INCREASE EARNINGS 8/31/2023 9/1/2023 $23.88 $21,397.48 PL INCREASE EARNINGS 8/31/2023 9/1/2023 $71.34 $21,373.60 PL INCREASE EARNINGS 7/31/2023 8/2/2023 $68.63 $21,302.26 PL INCREASE EARNINGS 7/31/2023 8/2/2023 $22.97 $21,233.63 PL INCREASE EARNINGS 6/30/2023 7/3/2023 $21.93 $21,210.66 PL INCREASE EARNINGS 6/30/2023 7/3/2023 $65.52 $21,188.73 PL INCREASE EARNINGS 5/31/2023 6/1/2023 $66.86 $21,123.21 PL INCREASE EARNINGS 5/31/2023 6/1/2023 $22.38 $21,056.35 PL INCREASE EARNINGS 4/28/2023 5/1/2023 $20.57 $21,033.97 PL INCREASE EARNINGS 4/28/2023 5/1/2023 $61.44 $21,013.40 PL INCREASE EARNINGS 3/31/2023 4/3/2023 $60.97 $20,951.96 PL INCREASE EARNINGS 3/31/2023 4/3/2023 $20.41 $20,890.99 PL INCREASE EARNINGS 2/28/2023 3/1/2023 $17.99 $20,870.58 PL INCREASE EARNINGS 2/28/2023 3/1/2023 $53.74 $20,852.59 PL INCREASE EARNINGS 1/31/2023 2/3/2023 $56.20 $20,798.85 PL INCREASE EARNINGS 1/31/2023 2/3/2023 $18.81 $20,742.65 PL INCREASE EARNINGS 12/30/2022 1/3/2023 $17-53 $20,723.84 PL FORFEITURE FUNDING 12/30/2022 12/30/2022 ($109.20) CONTRUTIONS $20,706.31 PL INCREASE EARNINGS 12/30/2022 1/3/2023 $52.36 $20,815.51 PL PURCHASE 12/29/2022 12/29/2022 $105.89 $20,763.15 PL INCREASE EARNINGS 11/30/2022 12/1/2022 $44.50 $20,657.26 PL INCREASE EARNINGS 11/30/2022 12/1/2022 $14.89 $20,612.76 PL PURCHASE FROM PARTICIPANT 11/16/2022 11/16/2022 $1,033.96 TERM $20,597.87 PL PURCHASE FROM PARTICIPANT 11/16/2022 11/16/2022 $2,443.01 TERM $19,563.91 PL INCREASE EARNINGS 10/31/2022 11/1/2022 $31.25 $17,120.90 PL INCREASE EARNINGS 10/31/2022 11/1/2022 $9.94 $17,089.65 PL INCREASE EARNINGS 9/30/2022 10/3/2022 $7.89 $17,079.71 PL INCREASE EARNINGS 9/30/2022 10/3/2022 $24.81 $17,071.82 PL INCREASE EARNINGS 8/31/2022 9/1/2022 $22.85 $17,047.01 PL INCREASE EARNINGS 8/31/2022 9/1/2022 $7.27 $17,024.16 PL PURCHASE FROM PARTICIPANT 8/8/2022 8/8/2022 $1,891.60 TERM $17,016.89 PL PURCHASE FROM PARTICIPANT 8/8/2022 8/8/2022 $4,680.59 TERM $15,125.29 PL INCREASE EARNINGS 7/29/2022 8/1/2022 $10.88 $1 0,444.70 PL INCREASE EARNINGS 7/29/2022 8/1/2022 $2-93 $10,433.82 PL INCREASE EARNINGS 6/30/2022 7/1/2022 $1.03 $10,430.89 PL INCREASE EARNINGS 6/30/2022 7/1/2022 $3-85 $10,429.86 PL PURCHASE FROM PARTICIPANT 6/8/2022 6/8/2022 $1,153.21 TERM $10,426.01 PL PURCHASE FROM PARTICIPANT 6/8/2022 6/8/2022 $494.23 TERM $9,272.80 PL INCREASE EARNINGS 5/31/2022 6/1/2022 $3.42 $8,778.57 PL INCREASE EARNINGS 5/31/2022 6/1/2022 $0.83 1 $8,775.15 PL PURCHASE FROM PARTICIPANT 5/24/2022 5/24/2022 $3,145.98 TERM $8,774.32 PL INCREASE EARNINGS 4/29/2022 5/2/2022 $0.70 $5,628.34 PL INCREASE EARNINGS 4/29/2022 5/2/2022 $0.30 $5,627.64 PL INCREASE EARNINGS 3/31/2022 4/1/2022 $0.12 $5,627.34 PL INCREASE EARNINGS 3/31/2022 4/1/2022 $0.28 $5,627.22 PL PURCHASE FROM PARTICIPANT 3/7/2022 3/7/2022 $3,912.21 TERM $5,626.94 PL PURCHASE FROM PARTICIPANT 3/7/2022 3/7/2022 $1,714.48 TERM $1,714.73 PL FORFEITURE FUNDING 11/9/2021 11/9/2021 ($2,238.39) CONTRUTIONS $0.25 PL FORFEITURE FUNDING 11/9/2021 11/9/2021 ($1,658.70) CONTRUTIONS $2,238.64 PL INCREASE EARNINGS 10/29/2021 11/1/2021 $0.01 $3,897.34 PL INCREASE EARNINGS 10/29/2021 11/1/2021 $0.02 $3,897.33 PL INCREASE EARNINGS 9/30/2021 10/1/2021 $0.02 $3,897.31 PL INCREASE EARNINGS 9/30/2021 10/1/2021 $0.01 $3,897.29 PL INCREASE EARNINGS 8/31/2021 9/1/2021 $0.01 $3,897.28 PL INCREASE EARNINGS 8/31/2021 9/1/2021 $0.02 $3,897.27 PL PURCHASE FROM PARTICIPANT 8/19/2021 8/19/2021 $1,527.61 TERM $3,897.25 PL INCREASE EARNINGS 7/30/2021 8/3/2021 $0.01 $2,369.64 PL INCREASE EARNINGS 7/30/2021 8/3/2021 $0.01 $2,369.63 PL INCREASE EARNINGS 6/30/2021 7/1/2021 $0.01 $2,369.62 PL INCREASE EARNINGS 6/30/2021 7/1/2021 $0.01 $2,369.61 PL INCREASE EARNINGS 5/28/2021 6/1/2021 $0.01 $2,369.60 PL INCREASE EARNINGS 5/28/2021 6/1/2021 $0.01 $2,369.59 PL INCREASE EARNINGS 4/30/2021 5/4/2021 $0.01 $2,369.58 PL INCREASE EARNINGS 4/30/2021 5/4/2021 $0.01 $2,369.57 PL PURCHASE FROM PARTICIPANT 4/16/2021 4/16/2021 $710.88 TERM $2,369.56 PL PURCHASE FROM PARTICIPANT 4/16/2021 4/16/2021 $1,658.60 TERM $1,658.68 PL FORFEITURE FUNDING 3/30/2021 3/30/2021 ($201.45) CONTRUTIONS $0.08 PL FORFEITURE FUNDING 3/30/2021 3/30/2021 ($2,926.35) CONTRUTIONS $201.53 PL FORFEITURE FUNDING 3/16/2021 3/16/2021 ($7,135.03) CONTRUTIONS $3,127.88 PL INCREASE EARNINGS 2/26/2021 3/2/2021 $0.06 $10,262.91 PL INCREASE EARNINGS 2/26/2021 3/2/2021 $0.02 $10,262.85 PL INCREASE EARNINGS 1/29/2021 2/2/2021 $0.03 $10,262.83 PL INCREASE EARNINGS 1/29/2021 2/2/2021 $0.08 $10,262.80 PL INCREASE EARNINGS 12/31/2020 1/5/2021 $0.12 $10,262.72 PL INCREASE EARNINGS 12/31/2020 1/5/2021 $0.05 $10,262.60 PL INCREASE EARNINGS 11/30/2020 12/2/2020 $0.16 $10,262.55 PL INCREASE EARNINGS 11/30/2020 12/2/2020 $0.41 $10,262.39 PL INCREASE EARNINGS 10/30/2020 11/4/2020 $0.40 $10,261.98 PL INCREASE EARNINGS 10/30/2020 11/4/2020 $0.16 $10,261.58 PL PURCHASE FROM PARTICIPANT 10/16/2020 11/4/2020 $960.59 TERM $10,261.42 PL PURCHASE FROM PARTICIPANT 10/16/2020 11/4/2020 $2,323.97 TERM $9,300.83 PL INCREASE EARNINGS 9/30/2020 10/2/2020 $0.25 $6,976.86 PL INCREASE EARNINGS 9/30/2020 10/2/2020 $0.10 $6,976.61 PL INCREASE EARNINGS 8/31/2020 9/3/2020 $0.15 $6,976.51 PL INCREASE EARNINGS 8/31/2020 9/3/2020 $0.39 $6,976.36 PL INCREASE EARNINGS 7/31/2020 8/4/2020 $0.44 $6,975.97 PL INCREASE EARNINGS 7/31/2020 8/4/2020 $0.17 $6,975.53 PL PURCHASE FROM PARTICIPANT 7/8/2020 7/8/2020 $892.96 TERM $6,975.36 PL PURCHASE FROM PARTICIPANT 7/8/2020 7/8/2020 $2,173.48 TERM $6,082.40 PL INCREASE EARNINGS 6/30/2020 7/2/2020 $0.31 $3,908.92 PL INCREASE EARNINGS 6/30/2020 7/2/2020 $0.12 $3,908.61 PL INCREASE EARNINGS 5/29/2020 6/2/2020 $0.26 $3,908.49 PL INCREASE EARNINGS 5/29/2020 6/2/2020 $0.69 $3,908.23 PL INCREASE EARNINGS 4/30/2020 5/4/2020 $1.23 $3,907.54 PL INCREASE EARNINGS 4/30/2020 5/4/2020 $0.46 $3,906.31 PL INCREASE EARNINGS 3/31/2020 4/3/2020 $0.36 $3,905.85 PL INCREASE EARNINGS 3/31/2020 4/7/2020 $0.61 $3,905.49 PL INCREASE EARNINGS 3/31/2020 4/3/2020 $0.96 $3,904.88 PL INCREASE EARNINGS 3/31/2020 4/7/2020 $1.60 $3,903.92 PL INCREASE EARNINGS 2/28/2020 3/3/2020 $0.80 $3,902.32 PL INCREASE EARNINGS 2/28/2020 3/3/2020 $0.30 $3,901.52 PL PURCHASE FROM PARTICIPANT 2/20/2020 2/20/2020 $1,069.85 TERM $3,901.22 PL PURCHASE FROM PARTICIPANT 2/20/2020 2/20/2020 $2,823.76 TERM $2,831.37 PL INCREASE EARNINGS 1/31/2020 2/5/2020 $0.01 $7.61 PL INCREASE EARNINGS 12/31/2019 1/3/2020 $0.02 $7.60 PL INCREASE EARNINGS 11/29/2019 12/3/2019 $0.01 $7.58 PL INCREASE EARNINGS 10/31/2019 11/4/2019 $0.01 $7.57 PL INCREASE EARNINGS 9/30/2019 10/2/2019 $0.01 $7.56 PL INCREASE EARNINGS 8/30/2019 9/4/2019 $0.01 $7.55 PL INCREASE EARNINGS 7/31/2019 8/2/2019 $0.01 $7.54 PL INCREASE EARNINGS 6/28/2019 7/2/2019 $0.01 $7.53 PL INCREASE EARNINGS 5/31/2019 6/4/2019 $0.01 $7.52 PL INCREASE EARNINGS 4/30/2019 5/2/2019 $0.01 $7.51 PL INCREASE EARNINGS 3/29/2019 4/2/2019 $0.01 $7.50 PL INCREASE EARNINGS 2/28/2019 3/4/2019 $0.01 $7.49 PL FORFEITURE FUNDING 2/19/2019 2/19/2019 ($2,824.68) CONTRUTIONS $7.48 PL FORFEITURE FUNDING 2/19/2019 2/19/2019 ($999.12) CONTRUTIONS $2,832.16 PL INCREASE EARNINGS 1/31/2019 2/4/2019 $1.95 $3,831.28 PL INCREASE EARNINGS 1/31/2019 2/4/2019 $5.53 $3,829.33 PL INCREASE EARNINGS 12/31/2018 1/3/2019 $5.39 $3,823.80 PL INCREASE EARNINGS 12/31/2018 1/3/2019 $1.90 $3,818.41 PL INCREASE EARNINGS 11/30/2018 12/4/2018 $1.76 $3,816.51 PL INCREASE EARNINGS 11/30/2018 12/4/2018 $4.98 $3,814.75 PL INCREASE EARNINGS 10/31/2018 11/2/2018 $4.67 $3,809.77 PL INCREASE EARNINGS 10/31/2018 11/2/2018 $1.65 $3,805.10 PL PURCHASE FROM PARTICIPANT 10/17/2018 10/17/2018 $957.24 TERM $3,803.45 PL PURCHASE FROM PARTICIPANT TERM Starting Balance 10/1/2018 10/17/2018 10/17/2018 $2,811.26 Jeremy Button Senior Financial Analyst Florida League of Cities, Inc. 850.701.3625 888.945.7401 (text RETIREMENT for support, or call) www.FLCretirement.com Original Message From: Natalie Harmon <n.harmon@capecanaveral.gov> Sent: Monday, June 10, 2024 6:31 PM To: Jeremy Button <JButton@flcities.com> Subject: Emailing: Attachment 8 $2,846.21 34.95 Hi Jeremy - this number that was previously given to Melinda in March is not valid as the forfeiture number? Cannot be used at the meeting? Your message is ready to be sent with the following file or link attachments: Attachment 8 Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JUNE 18, 2024 AGENDA ITEM SUMMARY • ITEM # 7 Subject: Designate one (1) City Official to be the Voting Delegate at the Florida League of Cities 2024 Annual Conference scheduled for August 15-17, 2024 in Hollywood, Florida. Department: City Clerk's Office Summary: The Florida League of Cities (FLC) is the united voice for Florida's municipal governments. Its goals are to promote local self-government and serve the needs of Florida's municipal governments. Beginning in 1922 with a small group of municipal governments, FLC now represents more than 400 cities, towns and villages. The League is governed by a Board of Directors comprised of elected municipal officials. The FLC 2024 Annual Conference is scheduled for August 15-17, 2024 at the Diplomat Beach Resort in Hollywood, Florida. FLC requests that each member municipality that is sending delegates to the FLC Annual Conference designate one (1) of its officials (the City has traditionally designated a Council Member) to cast its votes at the Annual Business Session, which will be held on Saturday, August 17, 2024. It is now incumbent upon Council to designate one (1) of its members to be the Voting Delegate at the Conference. Submitting Department Director: Mia Goforth Attachment: FLC Memo Financial Impact: Cost of travel, meals, accommodations and registration at Conference; 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: Designate one (1) City Official to be the Voting Delegate at the Florida League of Cities 2024 Annual Conference scheduled for August 15-17, 2024 in Hollywood, Florida. Approved by City Manager: Todd Morley FLC FLORIDA LEAGUE OF CITIES To: Key Official From: Eryn Russell, Florida League of Cities Date: June 10, 2024 Subject: 2024 Annual Conference Voting Delegate Information The Florida League of Cities Annual Conference will be held at the Diplomat Beach Resort in Hollywood, Florida, from August 15-17, 2024. This conference will provide valuable educational opportunities to help Florida's municipal officials serve their citizenry more effectively. We ask that each member municipality sending delegates to the Annual Conference designate one of their officials to cast their votes at the Annual Business Session, which will be held on Saturday, August 17. Election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each municipality will vote on matters affecting the League. In accordance with the League's by-laws, each municipality's vote is determined by population, and the League will use the Estimates of Population from the University of Florida. Conference registration materials were sent to each municipality via the League's e- newsletter and are available online at flcities.com. If you have any questions about voting delegates, please email erussell@flcities.com. Voting delegate forms must be received by the League no later than July 31, 2024. Attachments: Form Designating Voting Delegate LOCAL VOICES MAKING LOCAL CHOICES 301 S. Bronough Street, Suite 300 Phone: 850.222.9684 Tallahassee, Florida 32301 Fax: 850.222.3806 P.O. Box 1757 Tallahassee, Florida 32302-1757 flcities.com 2024 Annual Conference Florida League of Cities, Inc. August 15-17, 2024 Hollywood, Florida It is important that each member municipality sending delegates to the Annual Conference of the Florida League of Cities designate one of their officials to cast their votes at the Annual Business Session. League By -Laws require each municipality to select one person to serve as the municipality's voting delegate. Municipalities do not need to adopt a resolution to designate a voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Voting delegate forms must be received by the League no later than July 31, 2024. Designation of Voting Delegate Name of Voting Delegate: Title: Delegate Email: Municipality of: AUTHORIZED BY: Name Title Return this form to: Eryn Russell Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 Email: erussell@flcities.com 2 of 2 FLC LOCAL VOICES MAKING LOCAL CHOICES FLORIDA LEAGUE OF CITIES CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JUNE 18, 2024 AGENDA ITEM SUMMARY • ITEM # 8 Subject: Building Code and Flooding Department: City Council Summary: This discussion item is related to the trend of building new, larger structures in Cape Canaveral that has the effect of increasing the amount of impervious area throughout the City. This results in a decrease of pervious area, and an increase of stormwater runoff into the City's already over -burdened stormwater system. Attached is a map showing the amount of impervious surface throughout the City. Note the area with the highest percentages of impervious surfaces are within the Presidential Streets neighborhoods. With existing flooding issues, the City may need to revisit/update existing code(s) to ensure there are no compounding stormwater issues associated with new larger builds than the original dwellings on existing lots. Submitting Council Member: Kay Jackson Attachment: Impervious Surface Map [Map of City Zoning Districts with Imperious % color-coding] Impervious Cover by Zoning Class Impervious % [color key] <10% 10%-20% 20% - 30% 30% - 40% 40% - 50% 50% - 60% 60% - 70% 70% - 80% 80% - 90% > 90% [Measuring Scale] 0 0.25 0.5 1 Miles THE INSTITUTE FOR WATER AND ENVIRONMENTAL RESILIENCE srsrwuUHrvERSITY CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JUNE 18, 2024 AGENDA ITEM SUMMARY • ITEM # 9 Subject: Discussion on the role of Mayor Emeritus Submitted to: City Council Summary: As described in resolution 2019-25 Submitting Council Member: Mayor Pro Tem Kellum Attachment(s): Resolution No. 2018-25 RESOLUTION NO. 2019-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; BESTOWING UPON ROCKY RANDELS THE OFFICIAL HONORARY TITLE OF "MAYOR EMERITUS OF THE CITY OF CAPE CANAVERAL" AND ESTABLISHING THE DUTIES, PRIVILEGES AND CONDITIONS OF THIS VOLUNTEER, UNPAID POSITION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, TERMINATION PROVISIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Rocky Randels has been a resident of the City of Cape Canaveral for almost forty years; and WHEREAS, during this time period, Rocky Randels has served the City of Cape Canaveral as an appointed member of the City's Planning and Zoning Board and an elected member of the City Council as either Council Member or Mayor for 31 years including 28 consecutive years from 1987 to 2015; and WHEREAS, Rocky Randels has tirelessly and diligently served the City of Cape Canaveral community by advocating the City's interests at Federal, State and County levels including before many Boards of Directors, Committees and Associations of both governmental and private organizations; and WHEREAS, Rocky Randels has also championed the interests of the City of Cape Canaveral and all municipalities for decades across the State of Florida through the Florida League of Cities and Space Coast League of Cities; and WHEREAS, throughout his tenure on the City Council, including as the City's Mayor, Rocky Randels earned the respect and admiration from his colleagues, businesses, local charities and citizens for his dedicated and unwavering commitment to improve the quality of life for all citizens of the City of Cape Canaveral and municipalities throughout the State of Florida; and WHEREAS, the City Council desires to honor Rocky Randels' distinguished service to the City of Cape Canaveral by conferring upon him the honorary title of "Mayor Emeritus of the City of Cape Canaveral, Florida;" and WHEREAS, the City Council finds that this Resolution serves a municipal purpose and is in the best interests of the City of Cape Canaveral and its citizens, businesses, institutions and community and charitable organizations; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida: Section 1. Recitals. The foregoing recitals contained in the preamble to this Resolution are incorporated by reference herein. City of Cape Canaveral Resolution 2019-25 Page 1 of 4 Section 2. Mayor Emeritus. The City Council hereby bestows the official honorary title of "Mayor Emeritus" on former Mayor Rocky Randels. It shall be the duty of the Mayor Emeritus to serve as an Advocate and "good will" Ambassador for the City of Cape Canaveral, in perpetuity unless terminated by either party in accordance with Section 4 of this Resolution. However, should Rocky Randels announce candidacy and/or qualify to run for any elected office, the title and duties shall automatically terminate upon his announcement and/or qualifying for elected office. Section 3. Duties and Privileges; Conditions. The following duties and privileges and conditions are approved by the City Council: A. Duties and Privileges. Mayor Emeritus shall be considered a volunteer and unpaid City position. Subject to City rules and policies, the duties and privileges of Mayor Emeritus shall include: a. Advocate and "good will" Ambassador for the City of Cape Canaveral b. Access to City email/Office 365 Cloud c. Access to City Hall with a new ID Badge and City business cards d. Access to Council Workroom/Computer e. Upon prior approval by the City Manager or City Council, and subject to budget appropriations by the City Council, direct payment or reimbursement by the City of expenses related to the official approved duties of Mayor Emeritus such as approved memberships, events, meetings, meals, mileage and lodging. B. Good Will Role. As a "good will" Ambassador of the City, the Mayor Emeritus agrees not to make any oral or written communication to any person or entity which disparages, or has the effect of damaging the reputation of, or otherwise working in any way to the detriment of the City. C. No Binding Authority. However, neither this Section nor any other provision of this Resolution be shall interpreted or construed as granting to Mayor Emeritus any authority whatsoever to bind or commit the City to any matter or decision by verbal or written contract or by any other means. D. Sunshine Law Guidance. The Mayor Emeritus position shall not be considered, interpreted or construed as being a member of the City Council or any other City board or committee. Thus, for Sunshine Law purposes, the Mayor Emeritus can freely communicate his view of City related issues not only at public meetings of the City Council, or other City board or committee, but he can also freely communicate his view outside of a public meeting with members of the City Council and other City board and committee members, provided the Mayor Emeritus shall not serve as a conduit to communicate between councilmembers and City board and committee members regarding their respective issues that foreseeably will be considered by the Council, board or committee at a future meeting. E. Public Records Guidance. All public records made or received by the Mayor Emeritus, as the term "public record" is defined by Florida law, in connection with official City business and this Resolution shall be maintained by the Mayor Emeritus and delivered to the City Clerk for archiving and disposition pursuant to Florida law. City of Cape Canaveral Resolution 2019-25 Page 2 of 4 Section 4. Repeal of Prior Inconsistent Resolutions; Termination. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. The City Council may terminate the "Mayor Emeritus" designation at any time, without notice or penalty, by repealing this Resolution. Rocky Randels may terminate his acceptance of the official honorary title of "Mayor Emeritus" and the duties and privileges afforded by this Resolution at any time by providing written notice of termination to the City Manager or Mayor or as otherwise provided in Section 2 regarding candidacy for office. 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, and acceptance by Rocky Randels by execution of this Resolution. [Adoption and Signature Page Follows] City of Cape Canaveral Resolution 2019-25 Page 3 of 4 ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, this 17th day of December 2019. Bob Hoog, Mayor ATTEST: Name FOR AGAINST Mike Brown Second Bob Hoog X Mickie Kellum Motion Wes Morrison X Angela Raymond X Mia Goforth, CMC City Clerk Approved as to legal form and sufficiency for the CitCaaee Canaveral only by: Anthony A. Garganese, City Attorney I hereby accept the title "Mayor Emeritus of the City of Cape Canaveral, Florida" and agree to abide by the terms and conditions of this Resolution: Rocky Randels, Mayor Emeritus Date: December 17, 2019 City of Cape Canaveral Resolution 2019-25 Page 4 of 4 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JUNE 18, 2024 AGENDA ITEM SUMMARY • ITEM # 10 Subject: Update to the January 24, 2024 Special Council Meeting. Department: Community and Economic Development Summary: At its May 21, 2024 Regular Meeting, the Council reached consensus to keep the January 24, 2024 Special Council Meeting Update on the Agenda each month as a discussion item. Please see the table below, which provides status updates for each of the items of Council consensus reflected in the January 24, 2024 Meeting Minutes (Attachment 1): 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. Complete. See Laserfiche folder: CC-LF\Public Records Requests and Reports\Fillmore Updates From Staff. 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). 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 Complete. See Laserfiche folder: CC-LF\Public Records Requests and Reports\Fillmore Updates From Staff. Kimley Horn & Associates (KHA) submitted a Stormwater Memorandum dated April 4, 2024. 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 • June 18, 2024 Agenda Item # 10 Page 2 of 3 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. Complete. 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. 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. 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. 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. To be presented in a future City Council update. 114, 116, 118 and 120 Jackson Avenue: Item Status 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. Complete. See Laserfiche folder: CC-LF\Public Records Requests and Reports\Jackson Avenue Code Enforcement Correspondence. • What is included: o Field Notes o Official Notices (Notices of Violation, Revised Notices of Violation, Code Enforcement City of Cape Canaveral City Council Meeting • June 18, 2024 Agenda Item # 10 Page 3 of 3 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. 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. To be presented in a future City Council update. Complete. See Laserfiche folder: CC-LF\Public Records Requests and Reports\Jackson Avenue Code Enforcement. Ongoing. The latest monthly report for open cases was distributed to the City Council on June 10, 2024. A report related to closed cases will be distributed annually, with the next one to be distributed in May of 2025. See Attachment 2 - to be presented at the June 18, 2024 Regular City Council meeting. Submitting Department Director: David Dickey Attachments: 1. Minutes of January 24, 2024 Regular City Council Meeting 2. Opportunities to Improve the CED as it Relates to Code Enforcement 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: Discuss Update to the January 24, 2024 Special Council Meeting. Approved by City Manager: Todd Morley 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 Todd Morley Anthony Garganese (arrived 2:33 p.m.) Daniel LeFever John DeLeo Michael German Shaun Milligan Dave Dickey Brian Palmer Chris Robinson Zachary Eichholz Kyle Harris Alexis Miller Renee Yother Melinda Huser June Clark Jessica Erdman Lisa Day Scott Molyneaux APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to approve the Agenda as written. The motion carried 5-0. PUBLIC PARTICIPATION: Peg Schaller, owner of Ellie Mae's Tiki Bar, discussed code violations of the adjacent tenant at 120 Jackson Avenue, a debris fire that occurred in March 2024, alleged inaction from the City regarding her Code Enforcement complaints, and accused City Code Enforcement officers of retaliation for issuing her multiple notices of violation. Upon hitting the three -minute timer limit, Mayor Morrison permitted Ms. Schaller to speak for an additional seven minutes, after stating there was no objection from Council. Ms. Schaller continued discussing a personal injury claim against the adjacent tenant at 120 Jackson Avenue due to a faulty railing that has resulted in her being sued. ITEM FOR CONSIDERATION: Review of Community Development Department roles, responsibilities and discuss actions proposed to resolve current issues for properties located on Fillmore Avenue and Jackson Avenue. (Submitted by Mayor Morrison): Mayor Morrison explained his submitted item. Council and Staff discussion ensued and included better communication and friendliness with business City of Cape Canaveral, Florida 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. Wes Morrison, Mayor (Signature) Mia Goforth for Daniel Lefever, Deputy City Clerk SEAL Cape Canaveral, Florida Attachment 2 Opportunities to improve the Community Development Department as it relates to Code Enforcement Related to the January 24, 2024 City Council Special Meeting Submitted June 18, 2024 Todd Morley, City Manager During the January 24, 2024 Special City Council Meeting, City Council reached consensus on a number of tasks. One of which was to 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. Specifically, code enforcement concerns related to the property located at 112, 116, 118 & 120 Jackson Ave. and a neighboring property located at 7802 N. Atlantic Ave. Resulting from the Meeting, a review was undertaken to understand what Code Enforcement Department actions may have contributed to the concerns. The review involved interviews by the City Manager with Peg Schaller, David Dickey, Brian Palmer and Chris Robinson. A Report of Findings was produced which was presented at the May 7, 2024 Special City Council Meeting. The Report of Findings helped to frame "what happened" in an unbiased, objective manner. The report did not include recommendations. The recommendations are included in this document and are built upon the findings of the previous effort, which are referenced herein. Also included are additional observations and analysis which support the recommendations. This document is presented in two sections: 1. Clarification and summarization of each finding, with associated determinations of root causes. 2. Recommended actions. Section 1. Clarification and summarization of each finding, with associated determinations of root causes. Items reported in May 7, 2024 Report of Findings Root cause(s) Issue #1 (Applying different Code Enforcement milestone timeframes to different properties) Had Code Enforcement (CE) staff been required to review the scope of the permit application for specific items related to code enforcement, the plan review process would likely have been cause to reject the permit for its failure to address the previously pervious issue. Current Building Department practice does not include forwarding code enforcement -related building permit applications to CE staff. The owner at 7802 N. Atlantic Ave. was afforded an excessive amount of time between the date of initial visit and date of original NOV. A tool for the evaluation of such timeframes had not historically been employed. However, as a result of this effort, a monthly reporting tool was created to identify and compare timeframes. This report was instrumental in detecting that this incident was a statistical anomaly. Statistical anomalies can cause confusion and perceptions that cases are not handled similarly. Maintaining this tool is important for monitoring cases. No established procedure for coordinating code enforcement matters between code enforcement officers and the Building Official. No established target timeframe for number of days from date of initial site inspection to date of issuance of NOV No established tool to identify and compare cases. Lack of coordination between CE, Building Official and Fire Official. Issue #2 (Incorrect public information) Mr. Dickey unintentionally asked Brian Palmer to respond to the City Council's request for information incorrectly. Instead, Mr. Palmer was only asked to provide documents in the BS&A system. Other documents responsive to Council's request also existed outside of the BS&A system. Staff did not verify the request for information which was stated in the minutes before responding to Council's request. Opportunities to improve the Community Development Department as it relates to Code Enforcement Issue #3 (Maintaining case files — BS&A records) BS&A contains a word processing program, which can used by Staff to create working draft documents. However, if such document is "toggled on" to public view, it is represented in the online/public portal as an unopenable link. In this instance, this triggered a Public Records Request (PRR) for the documents. In fulfillment of this request, these working draft documents were produced. However, because they were working draft documents, they could be, and had been, revised and saved -over and no longer contained the same information as the previous version. When these documents were produced in response to the PRR, this created confusion as to what is or is not an Official Record Document when such draft document is not marked as "draft". In addition, it appears in this case that multiple NOVs were prepared and served by staff for the same case. However, the city's official records only contain the original and 2nd revised NOVs. The original NOV named the property owner as the Respondent. The 2nd revised NOV named the tenant as Respondent. When asked about the 1st Revised NOV, staff could not produce the 1st Revised NOV. However, a copy of the 1st Revised NOV later was obtained from the tenant because the tenant was named as the only Respondent, and she had been served a copy. There is no record of the 1st Revised NOV naming the property owner the Respondent. The 2nd Revised NOV in the city's official records likewise does not name the property owner as the Respondent because only the tenant is listed as the Respondent. Department practice is to maintain official copies of all signed and served NOVs. Not having all these official records caused confusion in this case. Lack of a full and accurate understanding that certain document formats appear as an unopenable link on the Public BS&A portal. No established policy regarding the types of documents which should and should not be publicly accessible via the Public BS&A portal. Failure to differentiate between draft records and official public records and properly label such records in response to a Public Records Request. Poor recordkeeping. Issue #4 ("Contention that Brian Palmer stated that code enforcement only sends Notices to the Property owner") After reviewing the transcript of the YouTube video, Mr. Palmer did not state that "code enforcement only sends Notices to the Property owner". However, he did state that "we always send the notice to the property owner." The Report of Findings delved further into this, finding that there was no intent to imply that tenants are never named as Respondents. Staff's statement was "we courtesy copy the tenant". This was not qualified with the adjective "always" or "only", or any other frequency -related adjective. Omitting a qualifying adjective regarding frequency, can leave the statement open to interpretation. In a follow up clarification, Mr. Palmer stated that department practice is that the Code Enforcement Officer has the option to courtesy copy the tenant, if deemed appropriate. Because the statement can possibly be viewed as "never naming the tenant as Respondent", Mr. Palmer later clarified that Department practice is that the Code Enforcement Officer has the option to name the tenant as Respondent, if deemed appropriate. This last response is consistent with city code section 2-247, which provides that a violator may include the property owner, tenant, or business entity on the premises, or any combination thereof. Established department practice instructs that all NOVs go to the Property Owner, under FL Statutes, if a lien may be imposed against the property. They can contain a co -Respondent, but in no case should a NOV omit the Property Owner as Respondent if the property may be liened. Mr. Palmer's response was incomplete and was not clarified until later The initial oral statement was open to misinterpretation because it was incomplete. Code Enforcement employee did not follow departmental practice to include Property Owner as Respondent in NOV. Issue #5 (Debris outside the garage and garage door operation) At this time, there is no practical way to verify whether the debris was removed and replaced later that same day (as the Code Enforcement Officer claims) or whether it was never removed at all on June 12, 2023 (as Ms. Schaller claims). Both have stood by their respective statements. Code enforcement officers documenting evidence of violations and compliance, especially through the use of date and time stamped photos is crucial to resolving code enforcement matters. Not documenting such evidence can result in No uniform department practice had been implemented to instruct that code enforcement officers are required to photo document compliance inspections. Code Enforcement employee did not follow departmental practice to personally investigate and observe evidence of 2 Opportunities to improve the Community Development Department as it relates to Code Enforcement disagreements and challenges in enforcing city code and achieving code compliance. At the time, there was no established departmental practice regarding the documentation and/or photo documentation of violations, compliance inspections and site visits. In addition, code enforcement officers are required to personally investigate alleged violations and compliance. Without having seen the door travel fully from a 100% open position to a 0% open position, the Code Enforcement Officer should not have accepted the owner's statement that the door was capable of closing (to 0% open), and further, should not have reported to the Code Enforcement Manager that the door opened and closed properly. Accepting verbal information should not be a substitute for personal investigation of a violation or compliance. compliance and to verify verbal statements. Issue #6 (Cowboy in the chair) Having found that the chair did not constitute a violation of the city code, the Code Enforcement Officer had no authority to request the chair and/or the chair's occupant to be moved off of the sidewalk. Harassing behavior, if observed by a code enforcement officer is to be reported to the BCSO. Code Enforcement employee did not follow departmental practice to cease enforcement efforts when no code violation exists. Issue #7 (Fire Issue — securing the unsafe structure from trespass) Subsequent to a fire that occurred on August 5, 2022, damaging a portion of the roof used as an accessway to the second- floor apartments, on December 5, 2022, Ms. Schaller notified staff that persons had been periodically accessing the 2nd floor apartments, placing themselves in danger by traversing a portion of the fire damaged roof. The Code Enforcement Officer placed caution tape on and around the stairwell in an attempt to prevent unauthorized entry and notified BCSO of a trespassing concern. Code enforcement staff indicated that the owner declined to execute a Trespass Order. This was consistent with the established department practice historically employed in similar situations. Over the next several months, Ms. Schaller stated that she had reported that the efforts were ineffective and that people continued to access the 2nd floor apartments. Again, the Code Enforcement Officer placed caution tape on and around the stairwell and notified BCSO. This pattern repeated a number of times in the months that followed. Staff continued to implement the same method of placing caution tape and contacting BCSO, despite evidence that the method was ineffective, as reports of people accessing the upstairs continued. This was reportedly the first time (for current staff) that this historical method was not effective. After a significant amount of time had passed and frustrations had increased, the code enforcement officer was directed to issue a NOV to secure the property to keep individuals from accessing the stairs. The NOV was issued on November 1, 2023 (15 months later). The matter was then heard by the Special Magistrate which ultimately led to the boarding up of the stairs in late January 2024. This effectively restricted access. No established practice to coordinate with the Building Official and Fire Official to expeditiously and effectively restrict access to fire -damaged properties commensurate with public safety -related concerns regarding securing the unsafe structure from trespass. The officer should have affected the securing of the unsafe structure sooner. The Code Enforcement Manager and Community & Economic Development Director should have intervened sooner to secure the unsafe structure. Information received subsequent to the May 7, 2024 distribution of the Report of Findings. Item #8. (Rocks in the Swale Issue) There is a May 24, 2023 case notes entry indicating that Cowboy filed a complaint regarding rocks in the swale. The Code Enforcement Officer has maintained that he personally witnessed the rocks in the swale on that date. No corresponding date and time stamped photos of the violation on that date were taken by the code enforcement officer. The tenant has maintained that there were no rocks in the swale on May 24, 2023. The code enforcement employee's notes and the tenant's statement conflict, which led to an inconclusive result. However, during the May 7, 2024 Special City Council Meeting, the tenant indicated that she had evidence supporting her claim. Several days after the May 7, 2024 Special City Council meeting, the tenant produced two items of evidence: The two items of evidence presented subsequent to the May 7, 2024 Report of Findings cast doubt on the accuracy and reliability of the May 24, 2023 case notes. Code Enforcement employee did not follow departmental practice to photo document the violation on that was allegedly witnessed on May 24, 2023. 3 Opportunities to improve the Community Development Department as it relates to Code Enforcement 1. An invoice from JPs Tractor Service & Sod, Inc., dated June 2, 2023 with the following itemized description: Track Skid Steer Rock Driveway, Qty. 1, Rate 925.00 Amount: 925.00. The invoice indicates that it was paid and the balance due is $0.00 2. A screenshot of a two-party text message which the tenant indicated was between herself and the supplier of the rocks. The image indicates that the text exchange is dated June 5, 2023 at 9:43 am and includes the question: "What time are you coming today?" and the answer: "Sorry missed text. We fixing to load up to leave." This evidence suggests that the rocks were not in the swale on May 24, 2023 because both the invoice and the text message screenshot are dated after May 24, 2023. This underscores the need to document evidence of violations through the use of date and time stamped photos. Section 2. Recommended actions. Retain the services of an experienced code enforcement administrative consultant to assess the city's code enforcement procedures, practices and organizational structure for purposes of recommending best practices to improve the department's organizational structure, services and internal controls. Create a Standard Operating Procedure (SOP) manual to establish additional important operational procedures and guidelines to improve the department's performance. The SOPs will address issues such as: • Establish guidelines to identify and handle priority cases, such as those that have immediate public safety concerns. • Internal coordination between code enforcement officers, fire marshal, building official, BCSO, and other officials and agencies involved in code enforcement matters. • Establish target timeframes and guidelines to measure performance of key elements of a code enforcement case. • Best practices for the public BS&A portal, including examples of the types of documents which should and should not be uploaded into BS&A and identifying which documents should be publicly accessible via the public BS&A portal. • Best practices for Public Records retention and access, to include clearly differentiating between draft records and official records. • Best practices and guidelines to identify and cite proper Respondents to an NOV. • Guidelines to improve personal investigation techniques and evidence documentation related to code enforcement cases. • Guidelines for securing properties that constitute a public nuisance. • Guidelines for requesting search warrants. • Other best practices to be determined internally and through the Consultant's assessment. Retain the services of an experienced contract Code Enforcement Officer to assist with code enforcement case load. 4 ITEM # 11 City of Cape Canaveral John DeLeo, Administrative/Financial Director P.O. Box 326 Cape Canaveral, FL 32920 (321) 868-1230 (321) 868-1248 fax j.deleo@cityofcapecanaveral.org Memo TO: The Honorable Mayor and Members of the City Council VIA: Todd Morley, City Manager FROM: John DeLeo, Administrative/Financial Services Director DATE: May 31, 2024 RE: Monthly Financial Report — April 2024 Staff is pleased to present the Monthly Financial Report for the period ending April 30, 2024. At this point in the Fiscal Year, the Year -to -Date Actuals should be 58.3% of the total annual budget. Total General Fund Departmental costs are .8% above target. Administrative Services is running below target at 52.5%. Community Development/Code Enforcement/Economic Development is under target at 49.7%. Building Department is under target at 44.4%. Protective Services are over target by 6%. Fire Rescue is running above target by 6.6%. Parks Recreation/Community Affairs is .7% under target. Non -Departmental expenditures are above budgetary projections by 3.8%. The Community Redevelopment Agency (CRA) has incurred $1,146,276 of expenses for the current Fiscal Year. Wastewater Fund overall costs are under target at 44.6%. The Stormwater Fund is under target cost at 18.6%. The City's General Fund investments total $7,747,771.95; Special Revenue investments total $1,570,391.01; and Enterprise Fund investments total $1,089,803.94. The Grand total of all investments is $10,407.966.90. 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 April 30, 2024 Revenue (7th month of fiscal year = 58%) Ad Valorem Tax To date, the City has received 98.1% 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 February and accruals for March and April. This is below target at 52.5%. Franchise Fees, Utility Service Taxes and Communications Service Tax This amount represents some actuals for October - February and some accruals for March and April. These are on target at 58.9%. Permits and Licenses Permits and Licenses are above target at 64.6%. This will see greatest revenue in August/September when the BTR renewals are mailed out. State Shared Revenues These revenues are on target at 57.9%. This amount represents some actuals for October -April, 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 March and an accrual for April. These are above target at 68.5%. Recreation Fees (Leisure Services) Recreation Fees are below target at 44.1 %. Investment Income Investment Income is above target at 86.1%. This is a direct result of a fluctuating market in the rate of return. Future events may affect current rate of return. Utility Operating Income (Wastewater Fund) This amount represents actual collections for October through March and an accrual for April. It is below target at 51.6%. Stormwater Utility Fees (Stormwater Fund) This amount represents actual collections for October through March and an accrual for April. It is on target at 58%. City of Cape Canaveral Statement of Revenues & Expenditures Period Ended April 30,2024 GENERAL FUND FY 2023-2024 Apr 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 5,446,700 2,362,580 43.4% 3,177,242 Cash Forward- R&R 200,000 0.0% 116,667 Ad Valorem Taxes 6,260,562 6,140,646 98.1% 3,651,995 Local Option Gas Tax 358,000 188,051 52.5% 208,833 Franchise Fees 985,500 575,231 58.4% 574,875 Utility Taxes 1,376,750 868,262 63.1% 803,104 Communications Service Tax 424,000 233,993 55.2% 247,333 Permits & Licenses 678,475 438,075 64.6% 395,777 Federal Grants 956,500 0.0% 557,958 State Grants 75,000 0.0% 43,750 State Shared Revenue 1,112,700 644,161 57.9% 649,075 Local Shared Revenue 134,875 0.0% 78,677 Charges for Services 106,868 21,689 20.3% 62,340 Garbage & Recycling Revenue 1,514,195 1,036,769 68.5% 883,280 Recreation Fees 307,700 135,677 44.1% 179,492 Fines & Forfeitures 18,350 3,434 18.7% 10,704 Interest Income 249,450 214,782 86.1% 145,513 Fire Hydrant Rental Fee 89,950 43,240 48.1% 52,471 Miscellaneous Revenue 50,500 37,400 74.1% 29,458 PAL Program Revenue 25,000 39,826 159.3% 14,583 Transfer from School Guard Crossing Fund 2,100 0.0% 1,225 Transfer from CRA Fund 1,114,173 786,815 70.6% 649,934 Contribution from Wastewater Fund 847,564 494,412 58.3% 494,412 Contribution from Stormwater Fund 19,566 11,414 58.3% 11,414 TOTAL REVENUES 22,354,478 14,276,458 63.9% 13,040,112 EXPENDITURE Legislative 93,077 39,970 42.9% 54,295 Administrative Services 642,011 337,371 52.5% 374,506 Comm Dev/Code Enf/Econ Development 769,216 382,043 49.7% 448,709 Protective Services 3,796,947 2,439,846 64.3% 2,214,886 Fire/Rescue Services 2,611,690 1,694,152 64.9% 1,523,486 Building 493,744 219,337 44.4% 288,017 Infrastructure Maintenance 1,908,396 576,461 30.2% 1,113,231 Resiliency Division 1,017,444 557,214 54.8% 593,509 Parks Recreation +Community Affairs 2,329,353 1,341,208 57.6% 1,358,789 Legal Services 319,476 120,611 37.8% 186,361 Solid Waste 1,518,000 888,983 58.6% 885,500 Debt Service 1,420,143 1,392,785 98.1% 828,417 Non-Departmental 5,205,912 3,231,944 62.1% 3,036,782 Contingency 229,069 0.0% 133,624 TOTAL EXPENDITURES 22,354,478 13,221,92 59.1% 13,040,112 Excess of Revenues Over/ (Under) Expenditures 1,054,532 Page 1 of 7 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended April 30,2024 POLICE EDUCATION FUND FY 2022-2023 Apr 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Police Education Income 1,140 484 42.4% 665 Interest Income 204 179 87.5% 119 TOTAL REVENUES 1,344 662 49.3% 784 EXPENDITURE Education &Training - - Contingency 1,344 0.0% 784 TOTAL EXPENDITURES 1,344 - 0.0% 784 Excess of Revenues Over/(Under) Expenditures 662 FIRE PROTECTION FUND FY 2022-2023 Apr 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward R & R - - Interest Income 540 0.0% 315 TOTAL REVENUES 540 - 0.0% 315 EXPENDITURE Contingency 540 0.0% 315 TOTAL EXPENDITURES 540 - 0.0% 315 Excess of Revenues Over/ (Under) Expenditures - Page 2 of 7 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended April 30,2024 SCHOOL CROSSING GUARD FUND FY 2022-2023 Apr 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 1,400 0.0% 817 Parking Fine Surcharge 700 220 31.4% 408 TOTAL REVENUES 2,100 220 10.5% 1,225 EXPENDITURE Transfer to General Fund 2,100 0.0% 1,225 Contingency - 0.0% - TOTAL EXPENDITURES 2,100 - 0.0% 1,225 Excess of Revenues Over/ (Under) Expenditures 220 LIBRARY FUND FY 2022-2023 Apr 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Ad Valorem Taxes 78,019 76,612 98.2% 45,511 Interest Income 5,400 5,204 96.4% 3,150 TOTAL REVENUES 83,419 81,816 98.1% 48,661 EXPENDITURE Operating Expenses 34,475 38,401 111.4% 20,110 Capital Purchases 30,000 14,367 47.9% 17,500 Contingency 18,944 5,000 26.4% 11,051 TOTAL EXPENDITURES 83,419 57,768 69.3% 48,661 Excess of Revenues Over/(Under) Expenditures 24,048 Page 3 of 7 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended April 30,2024 CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY FY 2022-2023 Apr 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward Shared Revenue from Cape Canaveral 1,383,417 1,383,417 100.0% 806,993 Shared Revenue from Brevard County 1,217,800 1,217,800 100.0% 710,383 Interest Income 2,500 4,062 162.5% 1,458 Transfer from General Fund 150,000 - 0.0% 87,500 TOTAL REVENUES 2,753,717 2,605,279 94.6% 1,606,335 EXPENDITURE Operating Expenses 157,215 20,499 13.0% 91,709 Capital Purchases 728,000 286,639 39.4% 424,667 Debt Service 866,496 839,138 96.8% 505,456 Transfer to General Fund 300,000 0.0% 175,000 Contingency 702,006 0.0% 409,504 TOTAL EXPENDITURES 2,753,717 1,146,276 41.6% 1,606,335 Excess of Revenues Over/ (Under) Expenditures 1,459,002 Page 4 of 7 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended April 30,2024 IMPACT FEES FUND FY 2022-2023 Apr 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Interest from Investment - 11,181 0.0% - Impact Fees- Police 19,250 20,270 105.3% 11,229 Impact Fees- Fire/Rescue 3,376 3,631 107.5% 1,969 Impact Fees-Transportation 0.0% - Impact Fees- Parks/Recreation 22,700 23,945 105.5% 13,242 Impact Fees-General Government 15,850 16,702 105.4% 9,246 Impact Fees-Aerial Fire Truck 9,520 9,901 104.0% 5,553 Impact Fees- Library 12,000 12,645 105.4% 7,000 Transfer in from General Fund 499,028 0.0% - TOTAL REVENUES 82,696 597,303 722.3% 48,239 EXPENDITURE Contingency 82,696 0.0% 48,239 TOTAL EXPENDITURES 82,696 - 0.0% 48,239 Excess of Revenues Over/ (Under) Expenditures 597,303 LAW ENFORCEMENT TRUST FUND FY 2022-2023 Apr 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Interest-State 40 26 64.0% 23 Transfer from General Fund 11,073 - 0.0% 6,459 TOTAL REVENUES 11,113 26 0.2% 6,483 EXPENDITURE School Resource Officer 11,113 0.0% 6,483 TOTAL EXPENDITURES 11,113 - 0.0% 6,483 Excess of Revenues Over/ (Under) Expenditures 26 Page 5 of 7 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended April 30,2024 WASTEWATER ENTERPRISE FUND FY 2022-2023 Apr 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 300,000 0.0% 175,000 Federal Grant 127,500 0.0% 74,375 Utility Operating Income 5,519,082 2,845,716 51.6% 3,219,465 Utility Penalty Income 70,000 42,356 60.5% 40,833 Sewer Assessment Fees 84,000 90,370 107.6% 49,000 Reuse Hook-Up Fees 2,925 0.0% 1,706 Reclaimed Water Revenue 91,650 53,750 58.6% 53,463 Investment Income 7,200 9,862 137.0% 4,200 Sale of Fixed Assets 500 0.0% 292 Transfer from General Fund 1,400,000 754,782 53.9% 816,667 Transfer from CRA Fund 52,323 52,323 100.0% 30,522 SRF Loan Proceeds 1,320,000 139,604 10.6% 770,000 Miscellaneous Income 2,000 2,318 115.9% 1,167 Insurance Claims 114,882 0.0% - TOTAL REVENUES 8,977,180 4,105,962 45.7% 5,236,688 EXPENDITURE Personal Services 1,970,298 1,131,455 57.4% 1,149,341 Operating Expenses 1,658,749 766,164 46.2% 967,604 Debt Service 710,040 379,544 53.5% 414,190 Capital Purchases 3,747,500 1,185,603 31.6% 2,186,042 Insurance Claims 47,910 0.0% - Contribution to General Fund 847,564 494,412 58.3% 494,412 Contingency 43,029 0.0% 25,100 TOTAL EXPENSES 8,977,180 4,005,089 44.6% 5,236,688 Excess of Revenues Over/ (Under) Expenses 100,873 Page 6 of 7 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended April 30,2024 STORMWATER ENTERPRISE FUND FY 2022-2023 Apr 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 301,500 0.0% 175,875 Grants 580,000 0.0% 338,333 Stormwater Utility Fees 1,087,800 631,449 58.0% 634,550 Miscellaneous Income 666 0.0% - Investment Income 4,500 6,291 139.8% 2,625 Transfer from General Fund 917,500 106,010 0.0% 535,208 TOTAL REVENUES 2,891,300 744,416 25.7% 1,686,592 EXPENDITURE Personal Services 383,327 202,434 52.8% 223,607 Operating Expenses 332,520 97,389 29.3% 193,970 Capital Purchases 1,986,500 227,613 11.5% 1,158,792 Contribution to General Fund 19,566 11,414 58.3% 11,414 Contingency 169,387 0.0% 98,809 TOTAL EXPENSES 2,891,300 538,849 18.6% 1,686,592 Excess of Revenues Over/ (Under) Expenses 205,566 Page 7 of 7 Florida State Treasury - Special Purpose Investment Account (SPIA) & FL SAFE As of April 30,2024 Funds were invested with the State of Florida Division of Treasury,with a rate of return 3.22% Interest earned for the month: $ 33,894.30 General Fund Committed (Constrained by Council) Expansion Recreation 46,083.48 Expansion Police 34,889.83 A1A Replenishment 48,000.00 Capital Equipment Renewal & Replacement 225,860.76 Total Committed $ 354,834.06 Assigned-General Fund Emergency Reserve $ 1,495,349.01 Unassigned $ 534,798.29 Total General Fund SPIA Investments $ 2,384,981.37 Florida Safe General Fund Emergency Reserve 1,761,630.90 Florida Safe Note 2021 192,893.84 Florida Safe ARPA Reserve 3,408,265.84 Total General Fund Florida Safe Investments Avg Monthly Rate 5.394%: $ 5,362,790.58 ■ Total General Fund Investments: 7,747,771.95 Special Revenue Funds Restricted (by outside party) Police Education Fund 13,024.28 Library Fund 365,190.32 Impact Fees 1,190,312.76 Law Enforcement Trust Fund 1,863.65 Total Restricted $ 1,570,391.01 * Total Special Revenue Fund SPIA Investments: 1,570,391.01 Enterprise Funds Wastewater Fund: Wastewater General- Unrestricted 250,000.00 Wastewater Fund Renewal & Replacement 354,239.76 $ 604,239.76 Stormwater Fund: Stormwater Fund- Unrestricted 250,000.00 Stormwater Fund Renewal & Replacement 235,564.18 $ 485,564.18 Total Enterprise Fund SPIA Investme $ 1,089 803,94 TOTAL SPIA & FLSAFE INVESTMENTS $ 10,407,966.90 FY 23-24 GENERAL FUND CIP GREATER THAN $100,000 SUMMARY APRIL 30,2024 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 Tree trimming for FPL line location and finalizing plans, out to bid, bid opening June 6th IM - 9 Bike Lane Striping 50,000 11,525 Project 100%complete Project start pending acquisition of Hazard Mitigation Grant Program (HMGP) - Hurricane Ian funding. HMGP funding will cover IM - 10 C5 Energy Storage Project 110,000 75%of the project's costs. Project start pending acquisition of Hazard Mitigation Grant Program (HMGP) - Hurricane Ian funding. HMGP funding will cover IM - 12 Portable Generator 110,000 - 75%of the project's costs. RESILIENCY DIVISION Veterans Memorial Park Low Impact Development National Science Foundation Civic Innovation Challenge (CIVIC) grant awarded October 1, 2023. Physical construction of the 525,000 330,179 project's proposed rain garden began on January 10, 2024. Overall grant project completion set for September 30, 2024. Project's Enhancement RD - 2 physical construction now 100%complete. Public EV Charging Station Upgrade Project 100% completed and all EV charging stations activated on December 6, 2023. RD - 3 120,000 110,643 PARKS RECREATION + COMMUNITY AFFAIRS PRCA - 11 Veterans Memorial Park Redevelopment 750,000 480,179 Ongoing - Project 97%complete, grand opening set for Friday,June 14. TOTAL GENERAL FUND $ 2,095,000 $ 936,976 FY 23-24 CRA CIP GREATER THAN $100,000 SUMMARY APRIL 30, 2024 FY FY CIP# CRA 2023-24 2023-24 DIRECTOR NOTES BUDGET ACTUAL CR-2 Civic Hub 150,000 56,687 Design ongoing - Stormwater Chamber alanlysis complete - proposing price and scope for engineering. Council received the Presidential Streets Master Plan Phase II One-way Study via Kimley Horn &Associates at the April 16 regular CR-4 Presidential Streets 300,000 1,500 meeting - Proposing price and scope for engineering of Fillmore Avenue as the first street to be redeveloped. CR-8 CAPE Center Fire Alarm 13,000 58,544 Project completed. TOTAL CRA $ 463,000 $ 116,731 FY 23-24 WASTEWATER CIP GREATER THAN $100,000 SUMMARY APRIL 30,2024 FY FY CIP# WASTEWATER ENTERPRISE FUND 2023-24 2023-24 BUDGET ACTUAL DIRECTOR NOTES WW-14 Sanitary Sewer GIS Mapping 100,000 9,357 90% Complete. WW-16 Clarifier Replacement 1,400,000 754,782 Project started January 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 - Ordered. Will not receive until next fiscal year. WW-20 Blower Pipe for Effluent Transfer 100,000 - Tetra Tech currently formulating Proposal. ETA unknown. WW-21 Lift Station Replacements (#5) 570,000 320,162 100%complete WW-22 Pump Enclosure Structures 750,000 - Whole project is 30%complete. WW-23 Resilience Operations Utility Energy Backup System 170,000 - Not started. Start date unknown. TOTAL WASTEWATER ENTERPRISE FUND $ 3,290,000 $ 1,084,301 FY 23-24 STORMWATER CIP GREATER THAN $100,00 SUMMARY APRIL 30,2024 FY FY CIP# STORMWATER ENTERPRISE FUND 2023-24 2023-24 BUDGET ACTUAL DIRECTOR NOTES SW-2 Central Ditch Improvements 450,000 - Project moved to the FY25-26 budget SW-6 Oak Lane Improvements 300,000 30,638 Tree trimming for FPL line location and finalizing plans, out to bid, bid opening June 6th SW-7 Center Street Basin Improvements 935,000 106,010 Finalizing Plans, 22%complete SW-10 Portable SW Pump 160,000 - Moved to the FY 24-25 budget TOTAL STORMWATER ENTERPRISE FUND $ 1,845,000 $ 136,648