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HomeMy WebLinkAboutcocc_council_mtg_packet_20240820_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA August 20, 2024 6:00 P.M. Please email public comments before noon to: cityclerk@capecanaveral.gov 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 Alt Agenda Section times are estimates and subject to change. PRESENTATIONS/INTERVIEWS 1 6:00 p.m. - 6:15 p.m. Presentation of Proclamation declaring September 2024 as "National Suicide Prevention Month" to Kelly Haskins, Founder of "Do It for Hunter", and Wayne Price, Space Coast Health Foundation Director of Communications. Interview recommended applicants for appointment to the Culture and Leisure Services Board. (Brad Pervell, Tina Freeman, Virginia Scott, and James Stobie) 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. POSTPONED ITEM 1 6:30 p.m. — 6:40 p.m. 1. Ratify the Composite City Manager Performance Evaluation and discuss/determine how to proceed with the provisions of Section 2, Salary and Evaluation, of the Employment Agreement between the City of Cape Canaveral and City Manager Todd Morley. (Postponed on July 16, 2024) CONSENT AGENDA 1 6:40 p.m. — 6:45 p.m. 2. Approve Minutes for the July 10, 2024 Special Meeting. 3. Approve Minutes for the July 16, 2024 Budget Workshop Meeting. 4. Approve Minutes for the July 16, 2024 Regular Meeting. 5. Resolution No. 2024-07; reappointing members 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. (Nancy Gentilquore and Steven Stroud) 6. Resolution No. 2024-08; amending Resolution No. 2023-21 and rates and charges and other terms and conditions for public EV charging stations operated by the City on City owned or controlled property; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 7. Appoint City Senior Planner Kyle Harris as the City's voting representative on the Space Coast Transportation Planning Organization's Technical Advisory Committee for the remainder of Calendar Year 2024. City of Cape Canaveral, Florida City Council Regular Meeting • August 20, 2024 Agenda • Page 2 of 2 8. Approve proposal from Tetra Tech, Inc. in the amount of $92,976 for Engineering Services for the Gravity Sewer Cleaning, Inspection and Evaluation for Rehabilitation Recommendations -Phase I, and authorize the City Manager to execute the same. 9. Authorize City Manager to execute continuing services agreements with selected firms for Professional Engineering, Surveying, Planning and Architectural Services as submitted in response to RFQ #2024-01. 10. Approve Service Agreement with JD's Atlantic Pool Service, LLC in the amount of $58,500 annually, for the Canaveral City Park Splash Pad System Operations and Maintenance Services Contract and authorize the City Manager to execute the same. PUBLIC HEARINGS 1 6:45 p.m. — 7:05 p.m. 11. Ordinance No. 17-2024; amending Chapter 82 Buildings and Building Regulations to adopt a local administrative amendment to the Florida Building Code to add a new City Code Section 82-149 requiring a building permit for roof coatings regulated under the Florida Building Code; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading. 12. Ordinance No. 18-2024; amending Section 110-196 of the City Code regarding Nonconforming Lots of Record and Single -Family Dwellings and Duplexes; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading. ITEMS FOR ACTION 1 7:05 p.m. — 7:25 p.m. 13. 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. 14. Resolution No. 2024-05; appointing members and alternates to the Culture and Leisure Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. ITEM FOR DISCUSSION 1 7:25 p.m. — 7:35 p.m. 15. Update to the January 24, 2024 Special Council Meeting. REPORTS 1 7:35 p.m. — 7:45 p.m. INFORMATIONAL I Item presented for informational purposes only; no action to be taken. 16. Monthly Financial Report —June 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. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 20, 2024 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Presentation of Proclamation declaring September 2024 as "National Suicide Prevention Month" to Kelly Haskins, Founder of "Do It for Hunter", and Wayne Price, Space Coast Health Foundation Director of Communications. Department: Leg islative Summary: The Space Coast Health Foundation (SCHF), established on October 1, 2010, is a public charity working on collaborative projects, intended to meet the healthcare needs of the local community. SCHF focuses on needs chosen by using focus groups, one-on-one interviews and quantitative research to determine specific community health needs. As recognized by the National Association of Mental Illness, September is designated as National Suicide Month. Many health officials and community leaders locally, state and nationally, understand that mental illness is a significant issue of concern, particularly among the youth of our nation. To overcome the stigma attached to mental health treatment and discussion, addressing these issues requires more open and honest discussion. Last year, SCHF's Behavioral Health Task Force reached out to the City, requesting acknowledgment of National Suicide Prevention Month. They noted that the Brevard County School Board adopted such an acknowledgment last year, and SCHF is aiming to have as many Brevard County municipalities as possible to follow suit. Accordingly, the City Council presented such a Proclamation at its August 15, 2023 Regular Meeting. SCHF has requested September 2024 be declared as "National Suicide Prevention Month" in the City of Cape Canaveral. Scheduled to to receive the Proclamation is Kelly Haskins, Founder of "Do It for Hunter", an organization of volunteer moms who work on initiating change and making a difference. Wayne Price, SCHF Director of Communications, will also be present. Presenting Council Member: Mayor Morrison Attachment: Proclamation Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Present Proclamation to Ms. Haskins and Mr. Price. Approved by City Manager: Todd Morley Official Proclamation City Of Cape Canaveral, Florida WHEREAS, September is designated as National Suicide Prevention Month, as recognized by the National Association of Mental Illness; and WHEREAS, many health officials and community leaders locally, state and nationally, understand that mental illness is a significant issue of concern, particularly among our youth; and WHEREAS, we realize that to address mental health issues requires more open and honest discussions about mental health; and WHEREAS, one major hurdle is removing the stigma attached to mental health treatment and discussion; and WHEREAS, individuals, businesses, organizations, public officials, and many others recognize the importance of emotional health. NOW, THEREFORE, 1, Wes Morrison, Mayor of the City of Cape Canaveral, Florida, do hereby proclaim the month of September, 2024 as NATIONAL SUICIDE PREVENTION MONTH in the City of Cape Canaveral, affirming the City supports efforts on the Space Coast to provide education and resources for mental health problems, and that the City will encourage a positive effort towards those with mental health issues to seek the help of a family member, friend, colleague and/or licensed mental health professional to assist them in times of need. 'iamb anb bealleb *i% Map of , apor CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 20, 2024 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Interview recommended applicants for appointment to the Culture and Leisure Services Board. (Brad Pervell, Tina Freeman, Virginia Scott, and James Stobie) Department: Parks, Recreation and Community Affairs Summary: The Culture and Leisure Services (CLS) Board is an advisory board to the City Council and consists of seven members. Currently, there are two vacant seats with terms that will expire on October 1, 2024. Between February 8 and April 24, 2024, the City Clerk's Office received applications from eight (8) eligible residents, seeking appointment to the CLS Board. 1. Brad Pervell 2. Tina Freeman 3. Lucia Popvici 4. James Stobie 5. Vicki Price 6. Carolyn Cerbin 7. Mary Lou Stant 8. Virginia Scott 02-08-2024 03-18-2024 03-27-2024 03-29-2024 04-10-2024 04-15-2024 04-17-2024 04-24-2024 — Interviewed June 27, 2024 — Interviewed May 30, 2024 — Interest unconfirmed — Interviewed May 30, 2024 — Application withdrawn — Interviewed May 30, 2024 — Interviewed May 30, 2024 — Interviewed June 27, 2024 Due to the number of interested and eligible applicants, at its May 30, 2024 Regular Meeting, the Board unanimously supported the following actions (Attachment 1): 1. Recommended that City Council consider the appointment of two alternate members for the CLS Board, to bolster community engagement in Board activities and reduce the frequency of quorum -related cancellations. 2. Schedule a Special Meeting for June 27, 2024 to interview any available applicants that were unable to attend the Regular Meeting on May 30, 2024, prior to making recommendations for appointment. At the Special Meeting on June 27, 2024, the Board voted to move forward with recommendations for regular and alternate member appointments, from the six (6) applicants interviewed. With the guidance of the City Attorney (Attachment 2), Staff provided each Board Member with a ballot containing instructions to rank the interviewed applicants on a scale of 1 through 6, in order of their preference for recommendation. Using this process, the applicant with the lowest cumulative score is the top ranked candidate for recommendation, the applicant with the highest cumulative score is the lowest ranked candidate for recommendation. With two vacant seats and two requested alternates, the applicants with the four lowest scores would receive recommendations to fill those positions. City of Cape Canaveral City Council Meeting • August 20, 2024 Presentations/Interviews Page 2 of 2 After two (2) tied votes for the 2nd and 3rd ranking positions, the matter was settled using the date of application to determine the order. The ballots and results of this process are attached. (Attachment 3) With a 4 - 0 vote, the Board recommends that City Council interview the applicants listed below for the two (2) current Board Member vacancies (Attachment 4): • Brad Pervell • Tina Freeman With a 4 - 0 vote, the Board recommends that City Council interview the applicants listed below for the positions of 1' and 2nd Alternate, respectively (Attachment 4): • Virginia Scott • James Stobie The applications for these four (4) applicants are included as Attachment 5. Submitting Department Director: Molly A. Thomas Attachments: 1. CLS Board Regular Meeting Minutes May 30, 2024, portion. 2. City Attorney Email RE: Board Recommendations 3. Board Member Voting Ballots and Tally Sheet 4. CLS Board Recommendation Memo 5. Board Applications (Brad Pervell, Tina Freeman, Virginia Scott, and James Stobie) Financial Impact: Staff time and effort in coordinating a Special CLS Board Meeting to interview additional eligible candidates and prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Interview Applicants for appointment to the Culture and Leisure Services Board. (Brad Pervell, Tina Freeman, Virginia Scott, and James Stobie) Approved by City Manager: Todd Morley Attachment 1 CULTURE AND LEISURE SERVICES BOARD REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Thursday May 30, 2024 5:30 p.m. MINUTES CALL TO ORDER: The meeting was called to order at 5:30 p.m. by Chairperson, Kathy -Parks. The Board Secretary called the roll. ROLL CALL Kathy Parks Chairperson Mary Mosquera Vice Chairperson Angela Trulock Joel Fair Betsy Ronk Attended virtually via phone Others Present: Molly Thomas Parks, Recreation + Community Affairs Director John Mayberry Deputy Director Projects + Parks Samantha Berry Board Secretary Amy Moody Community Engagement Manager Don Willis Council Member PUBLIC PARTICIPATION: None. ITEMS FOR ACTION 1. Approve or amend the Agenda. A motion was made by Joel Fair to approve the Agenda as written, Mary Mosquera seconded. The motion carried unanimously, 5-0. 2. Approve Minutes for the Culture and Leisure Services Board Regular Meeting on March 28, 2024. A motion was made by Joel Fair to approve the Minutes, seconded by Mary Mosquera. The motion carried unanimously, 5-0. 3. Review City Code Sec. 2-171(m) and if so desired, request City Council consider the appointment of two alternate members for the Culture + Leisure Services (CLS) Board. Discussion ensued regarding current City Code and details, as applicable to the appointment of alternates. A motion was made by Joel Fair to recommend City Council consider the appointment of two City of Cape Canaveral, Florida CLS Board Meeting •May 30, 2024 Meeting Minutes. Page 2 of 3 alternate members for this board, seconded by Betsy Ronk. The motion carried unanimously, 5-0. 4. Review all submitted Applications for Appointment, decide on the Board's preferred process for making recommendations to City Council and interview available applicants. A motion was made by Mary Mosquera to interview all current applicants before making any recommendations for appointment to City Council, seconded by Joel Fair. The motion carried unanimously 5-0. The Board interviewed all four applicants present and discussion ensued regarding the date for the remaining candidates to be interviewed. Staff advised that holding a Special Meeting, prior to the next Regular Meeting in July would be in the best interest of the Board and the City. The Board agreed with this recommendation. A motion was made by Joel Fair to schedule a Special Meeting on Thursday, June 27, 2024 at 5:30 p.m. to interview the remaining candidates available, seconded by Angela Trulock. The motion carried unanimously 5-0. STAFF REPORTS: • Mr. Mayberry provided updates on the following projects and events: o The new ball field lights at Canaveral City Park are installed. The next steps will be making adjustments to ensure the best coverage. o The Patriots Park Redevelopment Project is largely complete. The furniture vendor shipped incorrect parts for the picnic table and Staff is now awaiting delivery of the correct parts to complete assembly. o The installation of the stormwater valve at Center Street has been completed. o Staff is currently getting quotes to reinstall the memorial obelisk at Veterans Memorial Park. This is one of the last remaining tasks towards the completion of this project. The targeted ribbon cutting date is June 14, 2024. o Troubleshooting by multiple electrical companies for the tennis court lights at the Nancy Hanson Recreation Complex has narrowed the issue down to a potential FPL problem. Staff is working to resolve this daily and will provide a report on progress towards a resolution as soon as possible. • Ms. Thomas provided updates on the following projects and events: o Molly discussed proposed CIP for the resurfacing of the tennis courts and the desire to have the subsurface problems addressed correctly to avoid reemergence of the current depression in Court 5. o Changes have been proposed to the CIP for the Civic Hub to focus funds in the upcoming Fiscal Year on the design for the stormwater infrastructure on this property. Discussion ensued regarding other infrastructure on the property and the condition of the racquetball courts. Ms. Thomas explained that the structural Attachment 2 From: Anthony A. Garganese <agarganese@orlandolaw.net> Sent: Friday, May 31, 2024 5:59 PM To: Molly Thomas; Todd Morley Cc: Daniel LeFever; Mia Goforth; John Mayberry Subject: RE: [EXTERNAL] Culture + Leisure Services Board Update 5/30 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@cityofcapecanaveral.org Molly, The Code already authorizes council to appoint alternates to any board. Alternates are not regular members, and they don't increase the size of the board. In the absence of a regular member, they temporarily fill in at the meeting in which the regular member is absent. So, the C&L S Board would remain a 7 person board even if two alternates are appointed by Council. As for the recommendation, make it manageable. With 9 applicants, I would suggest that the Board employ a ballot ranking system. Each Board member is given a paper ballot (with their name on it so it is not secret) with the names of the 9 applicants in alpha order. A blank is next to the applicant's name. Then, each board member ranks the applicants in order of preference —1 through 9, with 1 being the board member's top ranked candidate. The ballots are then collected by the clerk and ranking scores for each applicant are tallied to create a cumulative ranking score for each candidate. For example, if one candidate was every board member's top ranked candidate, that candidate's cumulative score would be 9 (1 x 9). If they were last ranked for each Board member, the candidate's cumulative score would be 81 (9 x 9). The tally will produce the overall ranking with the candidate with the lowest cumulative score being the top ranked candidate of the Board, etc. etc. The Ballot would like this, Board Member: Applicant George Costanza John Doe Jane Doe Eric Idle Sebastian Montefalco Harry Potter Jerry Seinfeld Superman Zoolander Ranking (1 being the highest and 9 the lowest) 1 If there are two vacancies, then the top two candidates will be the Board's recommendation for the vacant regular seats, and the candidates ranked 3 and 4 will be the recommendation for the alternate seats. The appointments are made by Council resolution and the resolution can state whether the appointment is a regular or alternate member. I presume that Council will just meet and interview the recommended applicants like they usually do, and not want to interview all 9 candidates. Under this approach, the Council will not consider appointment until the Board completes the interview and ballot ranking. It never hurts to update the Council on the status. Anthony \ Garganese, Weiss, D'Agresta & Salzman, P.A. Anthony A. Garganese, Shareholder Board Certified in City, County & Local Government Law 111 N. Orange Ave., Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 Website: www.orlandolaw.net Email: sshell@orlandolaw.net GARGANESE WEISS SS DAGRESTA Sz SALZMAN ATTORNEYS AT LAW PA Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time -sensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. From: Molly Thomas <M.Thomas@capecanaveral.gov> Sent: Friday, May 31, 2024 9:59 AM 2 To: Todd Morley <T.Morley@capecanaveral.gov>; Anthony A. Garganese <agarganese@orlandolaw.net> Cc: Daniel LeFever <D.LeFever@capecanaveral.gov>; Mia Goforth <M.Goforth@capecanaveral.gov>; John Mayberry <j.mayberry@capecanaveral.gov> Subject: [EXTERNAL] Culture + Leisure Services Board Update 5/30 EXTERNAL EMAIL: Ensure you trust this sender before clicking on any links or attachments. Please report any suspicious mail. Good morning Todd and Anthony, I wanted to give you an update on last night's Culture and Leisure Services meeting and get some guidance on our next steps. Item #3 - Subject: Review City Code Sec. 2-171(m) and if so desired, request City Council consider the appointment of two alternate members for the Culture + Leisure Services (CLS) Board. • The CLS Board recommended (5-0) to request that Council consider the appointment of two (2) Alternates based on the aforementioned code. • City Code Sec. 54-26 states, "There is created a culture and leisure services board to consist of seven members." • How should this recommendation be presented to City Council? Ordinance, resolution? • Should this recommendation stand alone as its own agenda item, or should it be included with the Board's recommendations for appointment? Item #4 - Subject: Review all submitted Applications for Appointment, decide on the Board's preferred process for making recommendations to City Council and interview available applicants. • The CLS Board decided (5-0) that they would like to interview all the available applicants before making a recommendation. • To facilitate this in a timely manner, the CLS Board requested (5-0) to hold a Special Meeting on June 27 to give the rest of the applicants the opportunity to be interviewed. • Should this development be presented to Council as an update/informational item? Please let me know if you have any additional questions and I will standby for direction. Thanks, Molly A. Thomas, CPRE (She/Her) Parks, Recreation + Community Affairs Director City of Cape Canaveral (321) 868-1220 x220 100 Polk Avenue — P.O. Box 326 Cape Canaveral, Florida 32920 Launching www.capecanaveral.gov soon! 3 Attachment 3 BOARD MEMBER: Kathy Parks Ranking/Selection Process: Each Board Member shall rank the applicants in order of preference: 1 — 6, with 1 being the Board Member's top ranked candidate. The ballots will be collected by the Board Secretary and ranking scores for each applicant are tallied to create a cumulative ranking score for each candidate. The tally will produce the overall ranking of the candidates, with the lowest cumulative score being the top ranked candidate of the Board. The candidates with the two lowest cumulative scores will be recommended to fill current Board Member vacancies. The candidates with the third and fourth lowest cumulative scores will be recommended as Alternates. Provided all interviews have been completed as scheduled, the eligible applicants are listed in below alphabetical order, along with the date their application was received. �._........................... Cerbin, Carolyn 04-15-2024 Freeman, Tina 03-18-2024 Pervell, Brad 02-08-2024 ,m..................... Scott, Virginia 04-24-2024 Stant, Mary Lou 04-17-2024 Stobie, James 03-29-2024 Next steps: • A Board Member will need to make a motion naming the two recommendations for the vacant Board Member seats, receive a second and then proceed with roll call. • A Board Member will need to make a motion naming the two recommendations for Alternates, receive a second and then proceed with roll call. • Should either or both of these motions fail, the Board will need to discuss/propose an alternative motion for action. • Recommendations for appointment will appear on the agenda for the upcoming July 16, 2024 City Council Regular Meeting. BOARD MEMBER: Mary Mosquera Ranking/Selection Process: Each Board Member shall rank the applicants in order of preference: 7 — 6, with 1 being the Board Member's top ranked candidate. The ballots will be collected by the Board Secretary and ranking scores for each applicant are tallied to create a cumulative ranking score for each candidate. The tally will produce the overall ranking of the candidates, with the lowest cumulative score being the top ranked candidate of the Board. The candidates with the two lowest cumulative scores will be recommended to fill current Board Member vacancies. The candidates with the third and fourth lowest cumulative scores will be recommended as Alternates. Provided all interviews have been completed as scheduled, the eligible applicants are listed in below alphabetical order, along with the date their application was received. Cerbin, Carolyn 04-15-2024 Freeman, Tina 03-18-2024 Pervell, Brad 02-08-2024 Scott, Virginia 04-24-2024 Stant, Mary Lou 04-17-2024 Stobie, James 03-29-2024 Next steps: • A Board Member will need to make a motion naming the two recommendations for the vacant Board Member seats, receive a second and then proceed with roll call. • A Board Member will need to make a motion naming the two recommendations for Alternates, receive a second and then proceed with roll call. • Should either or both of these motions fail, the Board will need to discuss/propose an alternative motion for action. • Recommendations for appointment will appear on the agenda for the upcoming July 16, 2024 City Council Regular Meeting. BOARD MEMBER: Joel Fair Ranking/Selection Process: Each Board Member shall rank the applicants in order of preference: 1 — 6, with 1 being the Board Member's top ranked candidate. The ballots will be collected by the Board Secretary and ranking scores for each applicant are tallied to create a cumulative ranking score for each candidate. The tally will produce the overall ranking of the candidates, with the lowest cumulative score being the top ranked candidate of the Board. The candidates with the two lowest cumulative scores will be recommended to fill current Board Member vacancies. The candidates with the third and fourth lowest cumulative scores will be recommended as Alternates. Provided all interviews have been completed as scheduled, the eligible applicants are listed in below alphabetical order, along with the date their application was received. Cerbin, Carolyn 04-15-2024 Freeman, Tina 03-18-2024 Pervell, Brad 02-08-2024 Scott, Virginia 04-24-2024 Stant, Mary Lou 04-17-2024 Stobie, James 03-29-2024 Next steps: • A Board Member will need to make a motion naming the two recommendations for the vacant Board Member seats, receive a second and then proceed with roll call. • A Board Member will need to make a motion naming the two recommendations for Alternates, receive a second and then proceed with roll call. • Should either or both of these motions fail, the Board will need to discuss/propose an alternative motion for action. • Recommendations for appointment will appear on the agenda for the upcoming July 16, 2024 City Council Regular Meeting. BOARD MEMBER: Betsy Ronk Ranking/Selection Process: Each Board Member shall rank the applicants in order of preference: 7 — 6, with 1 being the Board Member's top ranked candidate. The ballots will be collected by the Board Secretary and ranking scores for each applicant are tallied to create a cumulative ranking score for each candidate. The tally will produce the overall ranking of the candidates, with the lowest cumulative score being the top ranked candidate of the Board. The candidates with the two lowest cumulative scores will be recommended to fill current Board Member vacancies. The candidates with the third and fourth lowest cumulative scores will be recommended as Alternates. Provided all interviews have been completed as scheduled, the eligible applicants are listed in below alphabetical order, along with the date their application was received. Cerbin, Carolyn 04-15-2024 Freeman, Tina 03-18-2024 Pervell, Brad 02-08-2024 p ,.- Scott, Virginia 04-24-2024 ' Stant, Mary Lou 04-17-2024 Stobie, James 03-29-2024 Next steps: • A Board Member will need to make a motion naming the two recommendations for the vacant Board Member seats, receive a second and then proceed with roll call. • A Board Member will need to make a motion naming the two recommendations for Alternates, receive a second and then proceed with roll call. • Should either or both of these motions fail, the Board will need to discuss/propose an alternative motion for action. • Recommendations for appointment will appear on the agenda for the upcoming July 16, 2024 City Council Regular Meeting. BOARD MEMBER: Angela Trulock Ranking/Selection Process: Each Board Member shall rank the applicants in order of preference: 1 — 6, with 1 being the Board Member's top ranked candidate. The ballots will be collected by the Board Secretary and ranking scores for each applicant are tallied to create a cumulative ranking score for each candidate. The tally will produce the overall ranking of the candidates, with the lowest cumulative score being the top ranked candidate of the Board. The candidates with the two lowest cumulative scores will be recommended to fill current Board Member vacancies. The candidates with the third and fourth lowest cumulative scores will be recommended as Alternates. Provided all interviews have been completed as scheduled, the eligible applicants are listed in below alphabetical order, along with the date their application was received. Cerbin, Carolyn Freeman, Tina Pervell, Brad Scott, Virginia .....mm, Stant, Mary Lou Stobie, James Next steps: 04-15-2024 03-18-2024 I 02-08-2024 V 04-24-2024 `- 04-17-2024 03-29-2024 • A Board Member will need to make a motion naming the two recommendations for the vacant Board Member seats, receive a second and then proceed with roll call. • A Board Member will need to make a motion naming the two recommendations for Alternates, receive a second and then proceed with roll call. • Should either or both of these motions fail, the Board will need to discuss/propose an alternative motion for action. • Recommendations for appointment will appear on the agenda for the upcoming July 16, 2024 City Council Regular Meeting. CULTURE + LEISURE SERVICES BOARD RECOMMENDATION TALLY SHEET SPECIAL MEETING: JUNE 27, 2024 Cerbin, Carolyn Freeman, Tina ervell, Brag`. Scott, '.. _...__ Virginia Stant, Mary Lou Stobie, James 1 )0E2_ 19,4 • Attachment 4 Memo Parks, Recreation + Community Affairs TO: City Council FROM: Molly Thomas, Parks, Recreation and Community Affairs Director DATE: June 28, 2024 RE: Recommendation to the City Council — Culture and Leisure Services Board Applicants: Brad Pervell, Tina Freeman, Virginia Scott, and James Stobie At the Special Meeting on June 27, 2024, the Board voted to move forward with recommendations for regular and alternate member appointments, from the six (6) applicants interviewed. With the guidance of the City Attorney, Staff provided each Board Member with a ballot containing instructions to rank the interviewed applicants on a scale of 1 through 6, in order of their preference for recommendation. Using this process, the applicant with the lowest cumulative score is the top ranked candidate for recommendation, the applicant with the highest cumulative score is the lowest ranked candidate for recommendation. With two vacant seats and two requested alternates, the applicants with the four lowest scores would receive recommendations fill those positions. After two (2) tied votes for the 2nd and 3rd ranking positions, the matter was settled using date of application to determine the order of recommendation as listed below. 1. Brad Pervell 2. Tina Freeman 3. Virginia Scott 4. James Stobie Based on the interviews, rankings, and formal recommendations of the Culture and Leisure Services Board, Staff recommends the Council interview and appoint Brad Pervell and Tina Freeman to the vacant Board positions; and interview and appoint Virginia Scott and James Stobie as first and second alternates, respectively. Please let me know if you have any questions. Thank you. Attachment 5 City of Cape Canaveral 100 Polk Avenue Cape Canaveral FL 32920-0326 Phone (321) 868-1220 — Fax (321) 868-1248 APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: GENERAL Applicant Name: Brad Pervell Home Address: 7777 Magnolia Ave #5 Cape Canaveral, FL 32920 Phone Number. 714-612-0814 Occupation: Senior National Accounts Sales Executive - North America - Donsuemor, Inc Business Phone: 510-965-6406 Business Address: 2080 N. Loop Rd; Alameda, CA 94502 Email: bradpervell@gmail.com ELEGIBILITY The information provided 'in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in'Brevard County? IN Yes 0 No 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? II Yes ❑ No 3. Are you a Business owner? ❑ Yes E No a. If yes, please list the name: 4. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. ❑Yes tNo a. If yes, have your civil rights been restored? 0 Yes ❑ No 5. Do you presently serve on any other City of Cape Canaveral advisory board or committee? ❑ Yes ®No a. If yes, please list each: 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? ■ Yes 0 No Initials: BLP 7. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? ❑ Yes ®No a. If yes, please provide.name(s) of person(s) and relationship to you: City of Cape Canaveral Advisory Board Application Pg. 1 INTEREST/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: 2. In numerical sequence (1=most interested), please rank the advisory boards on which you wish to serve: a. b. c. d. e. 5 2 3 1 4 Board of Adjustment* Business and Economic Development Board Community Appearance Board Culture and Leisure Services Board Planning and Zoning Board* Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: I do not KENO any prloreoperlerrre carvhg of a bay board- however l wad a board member of the American Log01l0 Assoota<bn saMng as a liaison net en groceymamaam,ers end the ue Mary Commissary sysern-Europe 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. Carrrenpy menage a $SCAM sodas organisation -with full understanding o1 pm(A 8 6ae. I am considered In my organisation as a futurist -able m plan lonion . Lestly,1 was a ItS respi W umpire in Colorado & FL STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Race: 0 African American Gender. ® Male ❑ Asian American 0 Female 0 Hispanic American 0 Other M Caucasian ❑ Other Disability: 0 Physically Disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT 15 YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. City of Cape Canaveral Advisory Board Application Pg. 2 PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for three years from date of submission. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 86%' 1 20 .206 0 207. Signature: radley L. Pervell Date: 2-6-2024 Please return to: City of Cape Canaveral Office of the City Clerk P.O. Box 326 Cape Canaveral Florida 32920 OFFICE USE ONLY relgg_ di FEB0 8 2024 By: Enter Date & Time Received City of Cape Canaveral Advisory Board Application Pg. 3 BRADLEY L. PERVELL 7777 Magnolia Ave #5 Cape Canaveral, FL 32920 I e: BradPervell@gmail.com I p: (714) 612-0814 https://www.linkedin.com/in/brad-pervell-80139ab/ Accomplished executive combining sales, marketing, operations, and merchandising expertise within all facets of the grocery industry, with demonstrated success driving brand and bottom line growth at both corporate and retail levels. Exceptional knowledge around the sale of dry and perishable consumer products (frozen grocery, dairy, deli, bakery) through multiple channels of trade, including supermarket, military, wholesale, distributor, and direct store delivery. • Consistently drove increases in sales revenue, market share growth, and new/expanded business opportunities with leading brands and distributors including Stew Leonard's, DeCA/US Military, Wegmans, Tops, BJ's Wholesale Clubs, Price Chopper, Publix, Southeastern Grocers, Dawn Food Products, BakeMark, Disney, Delhaize, Lowes Foods, Certco, Super Valu, AHOLD, Bozzuto's, Fresh Thyme Farmers Market, Hannaford, Midieval Times, TOPCO LLC, and Jewel Osco Supermarkets. • Recognized for ability to consistently deliver on sales goals while increasing profitability and reducing costs. • Strong record of success expanding depth of product distribution within key national and regional accounts, and opening new channels of business. • Exercises transparency throughout the sales process to build Loyal client relationships rooted in credibility and trust. • An effective team and project lead capable of building out an entreprenenrinl business culture. • Innovative, entrepreneurial, and self -driven, with a consistent record of upward mobility. PROFESSIONAL EXPERT FNCE DONSUEMOR / ST MICHEL I Alameda, CA October 2019 - Present National Account Sales Executive — East Territory covered are the states East of the Mississippi River other than the "Chicago" market states. The goal is to drive Donsuemor madeleine sales organically thru our current customer base, and most importantly, to introduce the St Michel brand of French imported cookies (Madeleines, Galettes, Palmiers, etc) into the United States market either into the in-store bakery channel or the specialty cookie section. We stay in constant contact with the Director of Sales & Marketing for North America and with the International Export Director in France. Key responsibilities in addition to developing new sales is to maintain and track our marketing trade dollars by customer and by product. New customers added have been but not limited to are — AHOLD (1'he Giant Co.); Morton Williams; Sannitti Importers; Supermarket Italy; Giant Eagle; Uncle Giuseppe's; UNFI York , PA; and Tops Supermarkets. ADVANTAGE SALES & MARKETING LLC dba Advantage Solutions I Irvine, CA March 2019 - -- Retail Merchandiser — (Part Time) Territory covered are twelve Publix Supermarkets in Brevard County, Florida. The goal is to ensure all brands represented are merchandised, priced, and displayed as per manufacturers requirements. Interaction with Publix store management — from District Manager, Store Director, Grocery Manager, Pricing Specialist, and other key store personnel. BAKE ONE INC. I Smyrna, GA 2014 — December 2018 Director of National Sales Recruited to initiate a business development plan within the in-store bakery, bakery distribution, and food service channels. Pioneered the line in 2014 with zero dollar base. Currently managing over $5M+ in annual sales with regional and national supermarkets, and bakery, restaurant, and food service distributors. • Maintains a direct line of communication to the COO and CEO, providing strategic guidance around new products, sampling, and market pricing. • Manages a network of regional and national food brokers for all channels. B1tADLEY PERVELL • Solidified new key accounts with Publix, Roche Brothers, Kroger and Kroger co -packers, Delhaize, Price Chopper (NY), Processors Co -Op, Southeastern Grocers, Shaw's, Loves Foods, BJs Wholesale Club, Topco, Sysco, Fresh Thyme Farmers Market, and Midieval Times valued at over $5M in new sales for 2018. • Created a standard line of commerriali,ed products that prompted enhancements to the company's methods of itemizing products, effectively eliminating excess inventory. • Guided marketing strategy to develop point of sale (POS) materials showcasing product lines and capabilities to distributors and customers. • Developed a growth/distribution strategy based on location of manufacturing facility. o Organitation went into receivership in December 2018 SILVER LAKE COOKIE COMPANY I Islip, NY 2011— 2014 Sales Manager National account manager responsible for growing business with bakery distributors throughout the US and Canada for a traditional pre -baked cookie manufacturer specializing in seasonal, Italian style, and novelty cookies. Expanded the territory from >$1M to represent $5.7M of the total $18M company operation. • Built relationships with national and regional bakery distributors, top 50 regional chain supermarkets and grocery wholesalers, foodservice distributors, military contractors, and food brokers. • Successfully grew sales by $300K within the first 12 months, achieving 18% growth that produced $800K in 2013. • Contributed to marketing programs aimed at growing customers and profitability for both the Silver Lake Cookie Brand and the Creative Comer business line offering hand decorated licensed character cookies and craft kits. • Organization went insolvent in 2014 SPECIAL MARKETS, INC I St. Louis, MO 2007 — 2010 Vice President of Deli/Bakery Operations Accountable for leading profitability, cost structuring, labor, purchasing, product selection, and inventory for a specialized US military contractor operating 37 deli/bakery locations across 37 military bases for the US commissary (DeCA) system. Generated $53.2 M in sales with a 17% price point savings against civilian organizations. Special Markets was DeCA's 52nd largest supplier. • Transformed the bakery department into profitability by increasing sales by $950K. Increased overall sales by $2.3M / +10°10 over 3 years. • Supervised over 350 employees as well as subcontractor relationships with AFC - Fresh Sushi Chefs, Krispy Kreme Donuts, Boar's Head and Specialty Bakery brands. • Created a store -specific inventory guide eventually adopted across all locations, streamlining ordering processes to generate $4M in wholesale/inventory cost savings. • Maximized sales by optimizing timing of inventory delivery to align with military payroll periods. JON DONAIRE DESSERTS I Santa Fe Springs, CA 2001— 2007 National Account Manager • Delivered over $17M in sales — averaging an $800K increase per year — for a producer of frozen cheesecake, ice cream cake, and non-dairy topping, securing partnerships with 15 direct store delivery ice cream distributors and 11 direct store delivery ice cream companies. • Focused brokers on profitable sales and large accounts, with key customers induding Albertson's, Safeway, Bakemark, Dawn Food Products, and Winn Dixie. KELLOGG'S USA I Battle Creek, MI 1997 — 2001 Senior Broker Manager— Western United States New Business Development — In -Store Bakery • Launched the in-store bakery sales channel from the ground -up into a $5.5M entity, managing 2 Regional Representatives and 14 brokers across 21 offices and 26 states. • Initiated new distribution partnerships with Albertsons, Cub Foods, Super Valu, Fleming Foods, and AWG. BRADLEY PERVELL I VAN DEN BERGH FOODS I Lisle, IL 1987 —1996 Division Sales Manager — Western US Accountable for driving new business and regional sales activity for a manufacturer of mixes, fillings, icings, glazes, and frozen dough bakery products. A subsidiary of the Unilever Company, Van Den Bergh Foods acquired previous employer Pennant Products in 1993. • Responsible for $14M in sales and marketing for 13 states across the Western US. • Supervised a team of territory managers and bakery technical advisors, in addition to managing relationships with 8 food brokers. Previous experience includes senior and regional sales positions with Carnation Company USA and International (Nestle) and Pennant Products. ADDITIONAL EXPERIENCE IN THE GAME SPORTING GOODS LLC 2010 — 2011 Founder / Managing Director + Established and operated an independent sporting goods distribution and sales company sperialiring in high -end softball and baseball equipment for the elite player on travel teams. Cultivated relationships with high school coaches and athletic directors, regional traveling teams, and athletic organizations, with an emphasis on transparency, product expertise, and rapport. EDLCXI1ON JACKSONVITJ F UNIVERSITY; Bachelor of Science, Marketing & Management, Economics Concentration MEMBERSHIPS & AFFILIATIONS Retail Bakers of America I IDDBA I Southeastern Retail Bakers Association I American Logistics Associations American Softball Association (Umpire) I USSSA Softball (Umpire) 1 High School Umpire (NC/FL/CO) City of Cape Canaveral 100 Polk Avenue Cape Canaveral FL 32920-0326 Phone (321) 868-1220 — Fax (321) 868-1248 APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: GENERAL Applicant Name: Tina Rose Freeman Home Address: 504 Fillmore Avenue #A-5 Phone Number: 417-825-3540 Occupation: Retired. Former Media, Marketing, Advertising & PR Professional, College Adjunct Professor. Part-time Camival Cruise Guest Services Agent at Port Business Phone: N/A Business Address: N/A Email: tina.rose.freeman@gmail.com ELEGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? ■ Yes 0 No 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? • Yes 0 No 3. Are you a Business owner? 0 Yes ■ No a. If yes, please list the name: 4. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. ❑ Yes ■ No a. If yes, have your civil rights been restored? 0 Yes 0 No 5. Do you presently serve on any other City of Cape Canaveral advisory board or committee? ❑Yes ■No a. If yes, please list each: 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? • Yes 0 No Initials: TRF 7. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? ❑ Yes ■ No a. If yes, please provide name(s) of person(s) and relationship to you: City of Cape Canaveral Advisory Board Application Pg. 1 INTEREST/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: Having owned 3 different properties here since 1996 and living here full time since 2010, I am Invested in this community and want to do what's In the citys best interest as well as its citizens. 2. In numerical sequence (1=most interested), please rank the advisory boards on which you wish to serve: a. Board of Adjustment* b. 4 Business and Economic Development Board c. 2 Community Appearance Board d. 1 Culture and Leisure Services Board e. 3 Planning and Zoning Board* * Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: Although I have not served on a govt board, I have served on our condo assoc board here for 8 years, and on 2 non-profit boards 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. Master's Degree in Com- munication, Bachelor's Degree in Communication with a minor in Political Science. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Race: ❑ African American . Gender: ❑ Male ❑ Asian American 0 Female ❑ Hispanic American 0 Other O Caucasian ❑ Other Disability: ❑ Physically Disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN 1S TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. City of Cape Canaveral Advisory Board Application Pg. 2 PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. " • Your application will remain effective for three years from date of submission. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 206 or 207. Signature: VIL Please return to: C6(1 ate: 3/12/2024 L City of Cape Canaveral Office of the City Clerk P.O. Box 326 Cape Canaveral Florida 32920 OFFICE USE ONLY RgNgTIEr MAR 1 8 2024 By: c iz— Enter Date & Time Received City of Cape Canaveral Advisory Board Application Pg. 3 Katrina (Tina) R. Freeman 504 Fillmore Ave., #A-5, Cape Canaveral, FL 32920 (417) 825-3540 cell tina.rose.freeman@gmail.com Objective: Obtain a part-time position to supplement my income, utilising my skills and experience in education, communication, and marketing, including follow-through capabilities and ability to multi -task. Retired January 2019, traveled extensively, but ready to return to the workforce, interact with others and learn something new! Education: Bachelor of Science degree in Journalism and Communications, University of Florida Master of Arts degree in Communications, Missouri State University Professional Experience: Atlantic Mortgage Services Administrative Assistant Satellite Beach, FL January 2015 to December 2018 • Part-time position as an independent contractor where I made my own hours, creating marketing materials including brochures, presentations, E-blasts, flyers and promotional materials. Also handled the bookkeeping and management of in-house mortgages, rental properties and spec home construction and property development. Health First, Inc. & MIMA (formerly Melbourne Internal Medicine Assoc.) Practice Manager Melbourne, FL April 2011 to December 2014 • Managed dermatology clinics in three locations with half -dozen providers and 24 clinical support staff. Acted as the liaison between corporate administration and the practice, implementing policies, procedures, and strategic plans. Created events, marketing and promotional materials, special events, patient education events and web content, as well as overseeing all the clinic's daily aspects from hiring and training staff to customer/patient services. Eastern Florida State College (formerly Brevard Community College) Adjunct Professor Melbourne, FL August 2010 to December 2014 • Taught classes in speech and business communications part-time in the evenings. Curriculum included leadership and group communication skills, developing presentation & research skills, improving public speaking abilities, as well as improving language skills, both written and verbal. Freeman Health System Marketing Account Executive Joplin, Missouri June 2007 to July 2010 • Provided advertising, marketing, and publicity for a three -campus hospital and health system. Wrote & edited copy for ads (print & broadcast), newsletters, articles, and press releases; created strategic plans; provided market research & analysis; directed creative design for billboards, displays, web, broadcast and print media; placed advertising by researching target markets, reach and frequency. In addition to writing, editing and producing television and radio commercials, acted as interim media spokesperson. Recognized with more than a dozen ADDY awards for my work. • My clients encompassed all the hospital's retail and consumer services including three pharmacies, durable medical equipment supplier for home health, two walk-in emergency clinics, four employer occupational health clinics, a dialysis clinic, hearing center, a leading cardiology institute and the region's only geriatric specialty clinic, as well as working with and promoting a large number of hospital -employed physicians. St.John's Regional Medical Center Grant Writer/Program Director Joplin, Missouri December 2002 to July 2004 • Identified and developed sources of funding, support and resources, wrote grants and proposals to solicit funds, in addition to overseeing and administrating expenditures by providing budget tracking and reports. Organized, planned, and directed programs and special events for grant -funded programs. Crowder College Webb City, Missouri • Taught communications to college students on a part-time basis, as a second job. Missouri Southern State University Joplin, Missouri • Taught classes in communications to college students on a part-time basis. Adjunct Professor August 2004 to June 2008 Adjunct Professor August 2001 to December 2002 Personal Characteristics: Ability to coordinate and communicate effectively with management at all levels, be a team player, and the ability to develop an effective and energetic work organization. Creative, detail -oriented, resourceful, a self-starter, quick to learn and not afraid of hard work or a busy, demanding work environment. Personal and Professional References furnished upon request. City of Cape Canaveral 100 Polk Avenue - P.O. Box 326 Cape Canaveral FL 32920-0326 Phone (321) 868-1220 - Fax (321) 868-1248 R @Egn\WEIDD APR 2 4 2024 By: - --.., .. APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored, Please complete the following in the space provided: GENERAL L Applicant Name: l I(C (IAI6 qs(f 3j(� T/1`!Lvr2 f� 10C ape (nn vcr�` pL 32920 Home Address: r/�, 11 � � � i Phone Number: `. "' 4, 9 I (05 g 5 TR.F Occupation: 94'vo met( /Re-hice-d Business Phone: 4109 65 0 5 Business Address: 1� Email: Vie� frh 1 0 . Y1ef ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? IYes 0 No 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? I'Yes 0 No 3. Do you own/operate a business in the City of Cape Canaveral? ❑ Yes EkNo a. If yes, please list the name: 4. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. ❑ Yes No a. If yes, have your civil rights been restored? 0 Yes I2"No 5. Do you presently serve on any other City of Cape Canaveral advisory board or committee? ❑ Yes No a. If yes, please list each: 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? bit Yes 0 No Initials: 7. Are you related to a City of Cape Canaveral Council Member by blood, adoption, or marriage? ❑ Yes L No a. If yes, please provide name(s) of person(s) and relationship to you: City of Cape Canaveral Advisory Board Application (Rev. 03/24) Pg. 1 INTEREST/EXPERIENCE, 1. Briefly state your interest in serving on a City advisory board or committee: 2. Please indicate the advisory board(s) on which you wish to serve; ❑ Board of Adjustment* ❑ Business and Economic Development Board ❑ Community Appearance Board Culture and Leisure Services Board ❑ Planning and Zoning Board* * Members of these boards are required to complete and electronically file, with the State of Florida Commission on Ethics, a Financial Disclosure Form within 30 days of appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in on any governmental board or committee: 655 i- 1aVe V+3 I s oaa t-► o lt( iei— a ) 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.).,that you) feel help to qualify you for membership on the de fired board or committee. t_e fja.( Da Ci CUU1'tG1 1 Spnr"-f•-S ez -tin(ASi6 '4; al over\ VIV Al"4 CoMrner(id 06 44-ra (A-6 r1 Gp•h'� k1 Gil- 14,h ( Vvrt d 0i J STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Race: 0 African American Gender: 0 Male ❑ Asian American kgr Female ❑ Hispanic American 0 Other .Caucasian ❑ Other Disability: ❑ Physically Disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. City of Cape Canaveral Advisory Board Application (Rev. 03/24) Pg. 2 PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a, brief interview before the City Council at a regularly scheduled meeting. • Your application will remain on file and may be used by the City to consider you for appointment for a three-year period from date of submission. At the end of three years, a new application will be required to be considered for appointment or reappointment. You may withdraw your application from consideration at any time. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 206 or 207. Signature: Please return to: City of Cape Canaveral Office of the City Clerk P.O. Box 326 Cape Canaveral Florida 32920 OFFICE USE ONLY R RE APR 2 4 2024 Byea Enter Date & Time Received City of Cape Canaveral Advisory Board Application (Rev. 03/24) Pg. 3 City of Cape Canaveral 100 Polk Avenue Cape Canaveral FL 32920.0326 Phone (321) 868-1220— Fax (321) 868-1248 APPLICATION FOR APPOINTMENT..TO CITY ADVISORY.BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the followin in the space provided: 7 GENERAL Applicant Name: Home Address: Phone Number: Occupation: Business Phone: Business Address: Email:. Je5 5110.Z, Zoloam, D,�. C�y2�) ape qw9v4- �36 y�3 q�9e J1i'oe •GDM ELEGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? 12Yes 0 No 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? I Yes 0 No 3. Are you a Business owner? 0 Yes Pilo a. If yes, please list the name: 4. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this que tion. ❑ Yes !� No a. If yes, have your civil rights been restored? 0 Yes 0 No 5. Do you presently serve on any other City of Cape Canaveral advisory board or committee? � ❑ Yes Ie No a. If yes, please list each: 6. : City ordinance requires that all persons applying for a Cityadvisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntar_ilyy onsent to having a standard background check performed on you by the City of Cape Canaveral? ®Yes 0 No / Initials:' 7. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? // ❑ Yes 1 No a. If yes, please provide name(s) of person(s) and relationship to you: City of Cape Canaveral Advisory Board Application Pg. 1 INTEREST/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or commi tee: nes Ia r tl �p1, G-�n1 v'P/t g �, �- ( �/r 41,..1-4 A. pi r GI,ppy,o, 2. In numerictal sequence (1=most interested), please rank the advisory boards on which you wish to serve: a. Board of Adjustment* b. Business and Economic Development Board c. Community Appearance Board d. 1 Culture and Leisure Services Board e. Planning and Zoning Board* Members`of these.boards are re'quired':to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: lV P/%i 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you.for membership on the desired board or committee. /AA ,9 rive /9T /Y'9/✓iy ,GIR/vsev 4ivei �5 STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Race:. 0 African American Gender: I tilale _ ❑ Asian American 0 Female 0 Hispanic American 0 Other ACaucasian ❑ Other Disability: 0 Physically Disabled YOU HEREBY REPRESENT TO_THE -CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND. THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU. HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. City of Cape Canaveral Advisory Board Application pg. 2 PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for three years from date of submission. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 206 or 207. Signature: Please return to: J (i� Date: City of Cape Canaveral Office of the City Clerk P.O. Box 326 Cape Canaveral Florida 32920 By: OFFICE USE ONLY RffigW'R[ii MAR 2 9 2024 Enter Date & Time Received City of Cape Canaveral Advisory Board Application Pg. 3 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 20, 2024 AGENDA ITEM SUMMARY • ITEM # 1 Subject: Ratify the Composite City Manager Performance Evaluation and discuss/determine how to proceed with the provisions of Section 2, Salary and Evaluation, of the Employment Agreement between the City of Cape Canaveral and City Manager Todd Morley. (Postponed on July 16, 2024) Department: Human Resources Summary: Section 2, Salary and Evaluation, sub -section "B" of the Excerpt from the City Manager Employment Agreement (Attachment 1) allows for consideration of an adjustment to the base salary and/or other benefits based on an annual performance evaluation, which is required to occur between May and July of each year. o At its July 16, 2024 Regular Meeting, City Council postponed this item. (Attachment 2). o On July 31, 2024 the fifth review was received. The Narrative Evaluation was updated to encompass the remarks of this review. (Attachment 3). o An updated summary of these five evaluation scores was compiled into the Updated Composite Scores (Attachment 4). The City Council is requested to ratify the Composite Performance Evaluation and then discuss and determine how to proceed with the provisions of the Employment Agreement. HR has provided a City Managers' Pay Analysis (Attachment 5) to help the Council ensure competitiveness in the City Manager's annual increase. Submitting Department Director: Natalie Harmon Attachments: 1. Excerpt from City Manager Employment Agreement 2. City Council Regular Meeting — Draft Minutes Portion Item #9 3. Narrative Evaluation Reviews 4. Composite Scores for Performance Evaluation for City Manager Todd Morley 5. City Managers' Pay Analysis Financial Impact: Staff time and effort to prepare this agenda item; cost impact dependent upon the actions of the City Council. Reviewed by Administrative/Financial Services Director: John DeLeo Attachment 1 EXCERPT FROM CITY MANAGER EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (hereinafter referred to as "Agreement"), is approved and entered into on this 215t day of July, 2020 by and between the City of Cape Canaveral, Florida, a Florida municipal corporation (hereinafter referred to as "City"), and Todd Morley (hereinafter referred to by name or as "City Manager"). Section 2. Salary and Evaluation. A. For the performance of services pursuant to this Agreement, the City agrees to pay the City Manager an annual base salary of One Hundred Eighteen Thousand and No/100 Dollars ($118,000.00), payable in installments at the same time as other City employees are paid with an evaluation for a potential increase in the base salary as determined by the City Council at the Council's discretion. B. In addition to the provisions of subparagraph A above, the City agrees to consider adjustments of said base salary and/or other benefits of the City Manager in such amounts and to such an extent as the City Council may determine desirable on the basis of an annual performance evaluation of the City Manager. The City Manager shall timely recommend the form of evaluation to be used under this Agreement. However, the City Council shall be solely responsible for approving the form to be used. The evaluation shall be made between May and July of each year in which this Agreement is effective unless otherwise determined by the City Council. C. All salary shall be paid less appropriate deductions for employment taxes, income tax and other lawful withholdings. The City Manager shall not be entitled to overtime or compensatory benefits. City of Cape Canaveral, Florida DRAFT Attachment 2 City Council Regular Meeting • July 16, 2024 Minutes • Page 4 of 4 explained the Item. Discussion ensued. Council Member Davis read an email from resident Brad Pervell into the record. City Attorney Garganese explained the statutory preemption does not apply in this case, and the Applicant may hire another arborist to evaluate the Tree. Discussion continued. A motion was made by Council Member Jackson, seconded by Mayor Pro Tem Kellum, to extend the Meeting for thirty minutes. The motion carried 4-1, with Council Member Willis voting against. Discussion continued. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Davis, to deny removal of the Tree. Mayor Morrison requested to inspect the property with Applicant permission. Discussion ensued. The motion carried 5-0. Mayor Morrison noted the time at 10:12 p.m., and suggested five minutes be allotted to each remaining Agenda Item. 9. Ratify the Composite City Manager Performance Evaluation and discuss/determine how to proceed with the provisions of Section 2, Salary and Evaluation, of the Employment Agreement between the City of Cape Canaveral and City Manager Todd Morley: Discussion ensued. City Manager Morley stated the contract specifies the Evaluation shall be made between May and July of each year. City Attorney Garganese stated Council may agree to move the Item to August. Discussion ensued. City Manager Morley agreed to reschedule the Item to next month. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Jackson, to postpone to August, making it the first Item on the Agenda. Discussion ensued. The motion carried 3-2, with Council Members Davis and Willis voting against. Discussion ensued. ITEMS FOR DISCUSSION: 10. Discuss amending the City's public electric vehicle (EV) charging station fee schedule to allow for overnight charging at City Hall and provide direction to Staff regarding updating City Code as appropriate to allow for overnight EV charging at applicable City parks: Chief Resilience Manager Eichholz explained the Item. Discussion ensued. City Manager Morley discussed City Parks hours are closed from dusk to dawn, compliance, and an idle fee grace period. Council reached consensus for Staff to bring back a resolution amending the City's fee schedule for idle fees, and an ordinance to amend City Code to allow for overnight EV charging at specified City parks. Mayor Morrison noted the time at 10:29 p.m., and the need for an extension or move Items to the next meeting. A motion was made by Council Member Jackson, seconded by Mayor Pro Tem Kellum, to extend the Meeting to 11:00 p.m. The motion received a majority vote 3-2, with Council Members Davis and Willis voting against. 11. Action Item to follow up on identifying immediate actions that could possibly impact the flooding on the Presidential Streets as discussed during June City Council Meeting. (Submitted by Council Member Jackson): Council Member Jackson discussed the Item. City Attorney Garganese made a point of order that extending the Meeting past 10:30 p.m. required a super majority, and therefore the Meeting is technically adjourned under City Code Sec. 2-69. ADJOURNMENT: The Meeting was adjourned at 10:32 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk Attachment 3 Narrative Evaluation Reviews 1. What would you identify as the manager's strength(s), expressed in terms of the principle results achieved during the rating period? Mayor Morrison: Community relations with citizens through Coffee with City Manager and responding to requests overall. Professional and my comments from 2023 [sic] Evaluation remain recognizing Todd's strengths. Mayor Pro Tem Kellum: N/A Council Member Davis: His strengths include his ability to communicate effectively with people. Whenever I have a question, he is able to answer it, and if not, he will find someone who can. During one-on-one meetings about the agenda, Todd always presents all sides of the issues, allowing me to do my own research and come to my own conclusions. His communication skills are exceptional. Council Member Willis: Mr. Morley is diplomatic and handles criticism well. He is respected by his staff and the community, and he demonstrates strong leadership qualities. Todd participates in council meetings by assisting the council in articulating and constructing motions and decision details. Council Member Jackson: The City Manager appears to have the best interest of staff at heart. He as a good relationship with his staff. 2. What performance area(s) would you identify as most critical for improvement? Mayor Morrison: Areas below 4.0 are opportunities to improve as evalated [sic]. Mayor Pro Tem Kellum: Relations / engagement with elected officials Staffing Supervision Council Member Davis: The past few months have been difficult due to the issues that have arisen regarding Jackson & Fillmore Avenue. I believe it has been challenging for Todd to balance the needs of the council, the staff, and the public. However, I feel that Todd has acknowledged some mistakes made by the city and continues to work on identifying the problems, correcting them, and making necessary changes. Council Member Willis: From a council perspective, improve reporting and various metrics from staff. Council Member Jackson: N/A Page 1 of 3 3. What constructive suggestions or assistance can you offer the manager to enhance performance? Mayor Morrison: Attachment provided from 2023 [sic] outlines goals and suggestions which would help moving forward. Mayor Pro Tem Kellum: Council Member Kellum: N/A Council Member Davis: I believe that Todd has done a great job this year, including handling the issues on Fillmore & Jackson. If I had to suggest anything, it would be to engage with the staff more about their positions on certain topics. Find out how they feel about what is happening, or perhaps not happening, in the city. Council Member Willis: Any issues within a department that have not been resolved in a reasonable time period or remain problematic from a citizen's view be reported to the City Manager, allowing the City Manager the opportunity to bring about a satisfactory resolution. Council Member Jackson: The City Manager needs to better balance relationships with staff and adapt when new councils and priorities come in. It is a very difficult task since council's opinions can change with elections. Learning to adapt, and follow council's lead on new priorities is a must. Council's agenda items often appear at the end of the agenda. This can result in important issues not being covered or being addressed hastily. Prioritization in creating the agenda needs improvement. 4. What other comments do you have for the manager; e.g., priorities, expectations, goals or objectives for the new rating period? Mayor Morrison: Consider implementing 2023 [sic]* Evaluation items provided for new rating period. *2022 Evaluation items pasted at the end of Evaluation Narrative. Mayor Pro Tem Kellum: N/A Council Member Davis: Todd has a great relationship with his staff and doesn't need to micromanage them. I understand that the city, staff, and council are not perfect. Everyone makes mistakes; it's how those mistakes are addressed that matters. I feel that Todd has made every effort to minimize mistakes and correct the ones that have occurred. Council Member Willis: Continually strive to improve customer service across all departments and services. Fill critical staff vacancies. Develop well-defined performance metrics for each department. Page 2 of 3 Council Member Jackson: Taking care of existing infrastructure and minimizing unnecessary expenses is an important goal for me this year. I believe he has done this, but more scrutiny could be applied to several items. One objective I would like to see is the identification of city elements that do not conform to code, the updating of outdated codes, and the identification of processes and systems that are not operating at maximum capacity due to current procedures. Maximizing efficiency and resident satisfaction within the city is a top priority for me. Mayor Morrison's 2022 Evaluation items: `Nhat constructive suggestions or assistance can you offer the manager to enhance perfom1alice? - Review State Statute. City Charter and Ordinances periodically to ensure it is being ad- i-iaxtc-cd. - Rarra.i. City .httnrnay -nv,aw nn all nnrta iron: and rraata a nor limn fnr tkn .ttrrnoy tp c;gn -Provice Draft Agenda to Council prior to ttfe submission cutoff time to allow Council and Staff to see everything being submitted prior to it being published. -Provide HA policy and Handbook to Council for review. - Praviae Financial Impact in greater detail an Agenda Summaries. - lreate Checklists, procedures and project managment sheets for ate contracts. -Flip ll5n aL4 ILLY LOn1raCLS pnLL.ne r'rL Ln a S[71 paw a amp }1.mmary pr all lc) CLS lnat TOo IL=y dates, status and other information for the public. What other comments do you have for the manager; e.g_, priorities, expectations, goofs or objectives for the new rating period? Continue to work towards improving two way live participation for all meetings. workshops. etc. Create a more transparent real property purchasing process that requires alll offers and counter u ela Lu al eiiLill+1, mulliille annul aLlela OIYV uLlle• ul Awl-eipvul4uul ea lie rr.aleill r1 SLelule or camparitve local ordinances. -Provide a Sumba-y or minutes for the Coffee with the City Manager for those who could not make - Li^ire every rt*a.t i^ ttid Ci*y at isa-t twice pa^ yaw^ n'd talre "pear for i.p.ovema'tt walk parks and facilities and do the sane. - Allow for public documents to be accessible r,it.^ less clicks a^d or log17 c-eliential bypass such as laserfische. Far example, men sharing the Auenda, rake it one click opposed to instrtctions on how to access. - Develop and communicate Key Performance Indicators 4KPI's1 that measure citizen satisfaction, city service response times. city service costs, business staisfaction. safety metrics. financial metrics. crater quality, lagoon health, economic development, etc. `lake those metrics and dashboard easily available online. Page 3 of 3 Attachment 4 Summarized Composite Score Council Council Council Mayor Mayor Pro Composite Member Member Member Morrison Tem Kellum Score Davis Willis Jackson 1. Individual characteristics 4.10 4.82 4.96 4.40 3.95 4.45 2. Professional Skills and Status 3.95 4.85 4.94 4.32 3.80 4.37 3. Relations with Elected Members of the Governing Body 3.90 4.86 4.99 4.30 4.00 4.41 4. Policy Execution 3.35 4.84 4.93 4.30 4.00 4.28 5. Reporting 3.15 4.82 4.92 4.30 3.80 4.20 6. Citizen Relations 4.45 4.96 5.00 4.55 3.44 4.48 7. Staffing 3.70 4.86 4.96 4.30 4.13 4.39 8. Supervision 4.10 4.92 4.96 4.45 4.50 4.59 9. Fiscal Management 3.70 4.92 5.00 4.60 4.50 4.54 10. Community 4.55 4.95 4.98 4.60 3.83 4.58 Total Average 3.90 4.88 4.96 4.41 3.99 4.43 Composite Scores Performance Evaluation for City Manager Todd Morley Evaluation Period June 2023 through May 2024 Presented June 2024 Council Council Council Mayor Mayor Pro Member Member Member Composite Score Morrison Tem Kellum 1.Individual characteristics Davis Willis Jackson Diligent and thorough in the discharge of duties,"self-starter" 4.00 4.70 5.00 4.50 4.00 Exercises good judgment 3.50 4.70 4.80 4.50 3.50 Displays enthusiasm,cooperation,and will to adapt 4.00 4.90 5.00 4.50 3.75 Mental and physical stamina appropriate for the position 4.25 5.00 5.00 4.00 4.50 Exhibits composure,appearance and attitude appropriate for executive position 4.75 4.80 5.00 4.50 4.00 4.10 4.82 4.96 4.40 3.95 4.45 Council Council Council Mayor Mayor Pro Member Member Member Composite Score Morrison Tem Kellum 2.Professional Skills and Status Davis Willis Jackson Maintains knowledge of current developments affecting the practice of local government management 4.00 4.85 4.90 4.20 3.75 Demonstrates a capacity for innovation and creativity 4.00 4.90 5.00 4.50 3.75 Anticipates and analyzes problems to develop effective approaches for solving them 3.75 4.70 4.80 4.00 3.50 Willing to try new ideas proposed by governing body members and/or staff 4.50 4.90 5.00 4.70 4.00 sets a professional example by handling attairs of the public ottice in a fair and impartial manner 3.50 4.90 5.00 4.20 4.00 3.95 4.85 4.94 4.32 3.80 4.37 Council Council Council Mayor Mayor Pro Member Member Member Composite Score Morrison Tem Kellum 3.Relations with Elected Members of the Governing Body Davis Willis Jackson Carries out directives of the body as a whole as opposed to those of any one member or minority group 4.50 4.90 5.00 4.75 4.00 Sets meeting agendas that reflect the guidance of the governing body and avoids unnecessary involvement in administrative actions 3.75 4.70 5.00 4.00 3.25 Disseminates complete and accurate information equally to all members in a timely manner 3.25 4.90 5.00 4.00 4.25 Assists by facilitating decision making without usurping authority 4.00 4.90 5.00 4.50 4.00 Responds well to requests,advice,and constructive criticism 4.00 4.90 4.95 4.25 4.50 3.90 4.86 4.99 4.30 4.00 4.41 Council Council Council Mayor Mayor Pro Member Member Member Composite Score Morrison Tem Kellum 4.Policy Execution Davis Willis Jackson Implements governing body actions in accordance with the intent of council 3.25 4.90 5.00 4.00 4.00 Supports the actions of the governing body after a decision has been reached,both inside and outside the organization 3.50 5.00 5.00 4.00 4.00 Understand,supports,and enforces local government's laws,policies,and ordinances 2.75 4.90 5.00 4.50 4.00 Reviews ordinance and policy procedures periodically to suggest improvements to their effectiveness 3.50 4.70 4.80 4.50 N/A Offers workable alternatives to the governing body for changes in law or policy when an existing policy or ordinance is no long practical 3.75 4.70 4.85 4.50 4.00 3.35 4.84 4.93 4.30 4.00 4.28 Council Council Council Mayor Mayor Pro Member Member Member Composite Score Morrison Tem Kellum 5.Reporting Davis Willis Jackson Provides regular information and reports to the governing body concerning matters of importance to the local government,using the city charter as guide 3.00 4.80 5.00 4.25 4.00 Responds in a timely manner to requests from the governing body for special reports 3.00 4.70 4.90 4.00 3.75 Takes the initiative to provide information,advice,and recommendations to the governing body on matters that are non-routine and not administrative in nature 4.00 4.80 4.90 4.75 4.25 Reports produced by the manager are accurate,comprehensive,concise and written to their intended audience 3.00 4.90 4.90 4.50 3.75 Produces and handles reports in a way to convey the message that affairs of the organization are open to public scrutiny. 2.75 4.90 4.90 4.00 3.25 3.15 4.82 4.92 4.30 3.80 4.20 Council Council Council Mayor Mayor Pro Member Member Member Composite Score Morrison Tem Kellum 6.Citizen Relations Davis Willis Jackson Responsive to requests from citizens 4.50 4.85 5.00 4.50 3.50 4.46 Demonstrates a dedication to service to the community and its citizens 4.00 5.00 5.00 4.50 3.50 4.50 Maintains a nonpartisan approach in dealing with the news media 5.00 5.00 5.00 5.00 N/A 5.00 Meets with and listens to members of the community to discuss their concerns and strives to understand their interests 4.50 5.00 5.00 4.50 3.25 4.44 Gives an appropriate effort to maintain citizen satisfaction with city services 4.25 4.95 5.00 4.25 3.50 4.43 4.45 4.96 5.00 4.55 3.44 4.48 Council Council Council Mayor Mayor Pro Member Member Member Composite Score 7.Staffing Morrison Tem Kellum Davis Willis Jackson Recruits and retains competent personnel for staff positions 4.00 4.80 5.00 4.00 4.00 Applies an appropriate level of supervision to improve any areas of substandard performance 2.50 4.70 4.90 4.00 3.50 Stays accurately informed and appropriately concerned about employee relations 3.75 4.90 4.90 4.50 4.50 Professionally manages the compensation and benefits plan 4.50 5.00 5.00 4.75 4.50 Promotes training and development opportunities for employees at all levels of the organzation 3.75 4.90 5.00 4.25 N/A 3.70 4.86 4.96 4.30 4.13 4.39 Council Council Council Mayor Mayor Pro Member Member Member Composite Score 8.Supervision Morrison Tem Kellum Davis Willis Jackson Encourages heads of departments to make decisions with their jurisdictions with minimal city manager involvement,yet maintains general control of operations by providing the right amount of communication to the staff 4.25 4.95 4.90 4.75 5.00 Instills confidence and promotes initiate in subordinates through supportive rather than restrictive controls for their programs while still monitoring operations at the department level 4.50 4.90 4.90 4.25 N/A Develops and maintains a friendly and informal relationship with the staff and work force in general,yet maintains the professional dignity of the city manager's office 4.75 4.90 5.00 4.75 4.25 Sustains or improves staff performance by evaluating the performance of staff members at least annually,setting goals and objectives for them, periodically assessing their progress,and providing appropriate feedback 3.00 4.90 5.00 4.00 N/A Encourages teamwork,innovation,and effective problem-solving among the staff members 4.00 4.95 5.00 4.50 4.25 4.10 4.92 4.96 4.45 4.50 4.59 Council Council Council Mayor Mayor Pro Member Member Member Composite Score Morrison Tem Kellum 9. Fiscal Management Davis Willis Jackson Prepares a balanced budget to provide services at a level directed by council 4.00 4.95 5.00 5.00 N/A Makes the best possible use of available funds,conscious of the need to operate the local government efficiently and effectively 3.75 4.90 5.00 4.50 N/A Prepares a budget and budgetary recommendations in an intelligent and accessible format 3.50 4.90 5.00 4.50 N/A Ensures actions and decisions reflect an appropriate level of responsibility for financial planning and accountability 3.25 4.90 5.00 4.50 4.50 Appropriately monitors and manages fiscal activities of the organization 4.00 4.95 5.00 4.50 N/A 3.70 4.92 5.00 4.60 4.50 4.54 Council Council Council Mayor Mayor Pro Member Member Member Composite Score Morrison Tem Kellum 10.Community Davis Willis Jackson Shares responsibility for addressing the difficult issues facing the city 4.75 4.95 5.00 4.50 3.75 Avoids unnecessary controversy 4.00 4.95 4.90 4.50 3.75 Cooperates with neighboring communities and the county 5.00 5.00 5.00 4.75 N/A Helps the council address future needs and develop adequate plans to address long-term trends 4.25 4.85 5.00 4.50 4.00 Cooperates with other regional,state and federal government agencies 4.75 5.00 5.00 4.75 N/A 4.55 4.95 4.98 4.60 3.83 4.58 2022-2023 2023-2024 1.Individual characteristics 4.83 4.45 2.Professional Skills and Status 4.78 4.37 3.Relations with Elected Members of the Governing Body 4.87 4.41 4.Policy Execution 4.67 4.28 5.Reporting 4.62 4.20 6.Citizen Relations 4.90 4.48 7.Staffing 4.67 4.39 8.Supervision 4.81 4.59 9. Fiscal Management 4.73 4.54 10.Community 4.93 4.58 Total Average 4.78 4.43 Attachment 5 B reva rd County City/Town Salary Car Allowance Population Town of Malabar $ 105,000 $ 300.00 3,127 2023-2024 Town of Melbourne Beach $ 100,000 $ 100.00 3,227 10% Town of Grant-Valkaria $ 121,000 $ 400.00 4,449 Hourly Rate $ 73.45 $ 80.80 Town of Indialantic $ 133,246 $ 250.00 3,048 Annual Salary(Hrly rate x 2080) $ 152,776 $ 168,054 City of Indian Harbour Beach $ 156,896 $ 500.00 8,976 West Melbourne $ 177,248 27,830 Cocoa Beach $ 165,998 $ 500.00 11,332 City of Cocoa $ 196,227 $ 600.00 19,344 City of Melbourne $ 241,500 $ 500.00 85,064 Rockledge $ 217,619 $ 500.00 28,316 Titusville $ 220,605 $ 525.00 48,874 Palm Bay $ 229,307 $ 405.00 122,942 Satellite Beach $ 146,611 $ 350.00 11,311 Average $ 170,097 $ 410.83 Florida Beach Towns (Similar Population) City/Town Salary Car Allowance Misc. Population Islamorada $ 200,000 Housing Allowance 7076 Clearwater Beach $ 224,400 $ 600.00 7615 City of Indian Harbour Beach $ 156,896 $ 500.00 8976 Cocoa Beach $ 165,998 $ 500.00 11332 Gulfport $ 173,838 $ 450.00 11709 City of Oldsmar $ 174,573 $ 500.00 14842 Satellite Beach $ 146,611 $ 350.00 11311 Average $ 173,838 $ 483.33 2023-2024 Increase 10% 12.0% 13.0% 14% 16.0% Hourly Rate $ 73.45 $ 80.80 $ 82.26 $ 83.00 $ 83.73 $ 85.20 Annual Salary(Hrly rate x 2080) $ 152,776 $ 168,054 $ 171,109 $ 172,637 $ 174,165 $ 177,220 Florida Cities/Towns City/Town Salary Car Allowance Misc. Pop. Town of Malabar $ 105,000 $ 300.00 3159 Town of Melbourne Beach $ 100,000 $ 100.00 3274 Town of Grant-Valkaria $ 121,000 $ 400.00 5033 Town of Indialantic $ 133,246 $ 250.00 3121 City of Indian Harbour Beach $ 156,896 $ 500.00 9019 City of Tarpon Springs $ 157,781 26452 West Melbourne $ 177,248 30725 Cocoa Beach $ 165,998 $ 500.00 11332 Safety Harbor $ 182,033 - 17023 Gulfport $ 188,614 $ 450.00 11700 City of Oldsmar $ 185,187 $ 500.00 14874 City of Cocoa $ 196,227 $ 600.00 20051 City of Melbourne $ 241,499 $ 500.00 87307 Dunedin $ 209,366 $ 500.00 36123 Rockledge $ 217,619 $ 500.00 28790 Islamorada* $ 200,000 $4,000.00 7076 Titusville $ 220,605 $ 525.00 50091 Palm Bay $ 229,307 $ 405.00 141798 Clearwater Beach $ 269,427 $ 600.00 7615 Satellite Beach $ 146,611 $ 350.00 11311 Venice $ 243,522 26047 * House Allowance Average $ 183,199 $ 436.25 2023-2024 Average 10.0% 11% 12% 13.0% 14.0% 15.0% 16.0% 17.0% 18.0% 18.5% 19.0% 20.0% 19.9% Hourly Rate $ 73.45 $ 80.80 $ 81.53 $ 82.26 $ 80.80 $ 83.73 $ 84.47 $ 85.20 $ 85.94 $ 86.67 $ 87.04 $ 87.41 $ 88.14 $ 88.08 Annual Salary(Hrly rate x 2080) $ 152,776 $ 168,054 $ 169,581 $171,109 $ 168,054 $ 174,165 $ 175,692 $ 177,220 $ 178,748 $ 180,276 $ 181,040 $ 181,803 $ 183,331 $ 183,199 The City Manager strives for excellence in effective communication, customer service, mentoring, and leadership. He remains open-minded and morally responsible, focusing on community goals and making sound decisions. The Comparative Salary data, City Manager's Self -Evaluation of achievements, and the positive results of the City's Annual Employee Engagement Survey reflect the value and impact of the City Manager's contributions. A salary adjustment is necessary to align with industry standards and recognize the exceptional work done in driving the city forward. Extreme wage compression still exists between the City Manager and the highest -paid employee. In 2019, the prior City Manager had a 67% variance. Last year, there was a 28% difference, with a 35% difference still separating the City Manager and the highest -paid employee to date. As noted in prior years, this compression is due to rapid inflation and past increases not being proportional to industry averages (i.e., the City Manager was not considered a "seasoned" City Manager in July 2020). • The City Manager's current salary is $152,776. • The average salary for City/Town Managers in similarly populated Florida beach towns is $173,838. • The City Manager's salary is 13% below this average. • Population sizes of similarly populated towns range from 7,076 to 14,842. I am satisfied with the culture of my workplace. 80.0% My coworkers and l have a good working relationship and everyone is treated with respect 60.0% 40.0% 20.0% , ■ 0.0% • {®� A. ¢f c. sixsw.. ear, tt�e�'r�� . y�,ee t0 • ha raa Q\ Gi My supervisor and I have a good working relationship feel varied and give my best effort at 80.0% work each day. 70.0% 60.0% 70.0% 60.0% 50.0% 50.0% 40.0% 30.0% 40.0% 20.0% 10.0% 30.0% 0.0% a� 20.0°% lam tee tee lee tee r� tee ��r�4y R. a,`'�4o eta$ �e.T� \ya�'c c., t°t•e4r e`sr c§ 4 �a tee. 0.0% �� Ca Strongly agree Agee Somewhat Neither agree Somewhat Disagree agree nor disagree disagree Strongly disagree �Q� �tpL l 80.0% 60.0% 40.0% 20.0% 0.0% I am satisfied with the healthcare -related benefits offered by my organization. 1 t�aO�a$ee PaOeca a, ire a��o�ee "Az t oy Sit° fie' \4e' c0o \OP 80.0% 60.0% 40.0% 20.0% 0.0% I am satisfied with the healthcare - related benefits offered by my organization. 1 �y�et t°� e P°Oe ea� e`rettDo My organization has a safe work environment. 70.0% 60.0% 50.0% 40.0% 20.0% ' 20.0% 10.0% 0.0% a$ee Pee a�ee a�ee: e�rac • a�ee % ao ram ret o� "5 ." o S coo My organization has a safe work environment. 80.0% 60.0% 40.0°% 20.0% 0,0% � � tQ ram xQt. ram tee $� cs�to ���� s• a� fit° My organization is dedicated to my professional development and I am satisfied with the investment it makes in training and education. 80% 60% 40% 20% 0% Sit°��� PaOee �e�ra�: \ret: �e�roya�ee �tos�J: co co Employees in my organization take the initiative to help other employees when the need arises. 80.0% 60.0% 40.0% 20.0% ' 0.0% _ — fee fee �ra�. fee �ra�. ¢oee o aOJ. a P tce eta t°e c.1\ (7� \a t '��t°K� s° eer (7° The City's Annual Engagement Survey results show that both managers and non -managers appear to be highly engaged, which aligns with Gallup's annual State of the Global Workplace survey. Gallup highlights key factors affecting workers, noting that a high level of engagement lowers absenteeism, increases well-being, boosts productivity and innovation, and fosters greater dedication to the workplace. High engagement begins at the top; managers directly affect their teams. https://www.li nkedin.com/smart-links/AQG5LRgE-Cgo-Q/3e9d7027-7b6f-49fc-8c93-f2fb5f6550af Outcomes of Highly Engaged Business Unit and Teams Difference between top -and bottom-quarrire [earns/business bats within a ryprcar orpararzatiorr Fewer hiegatIve Outcome Nor 78°.a in absenteeism 21 'moo In t rr.Gvev for high -turnover OrgarilatiOnS. 51% In turnover for IBui-turnover orgardzations' 26°A) in shrinkage dtheft] 63% in safety incidents w.ovide•••nts) in patient safety incidents (mortality and Palle} ▪ Ak a 1 O° br in customer loyalty! engagement 17 Ira prOduCtiyity (SCIes] AIL 13% In productivity (production records and evaluations} 1,9 23% ▪ in praFtta6illfyr too 68 .0 rn wetllibMnigi (khrivinij m em13.105rreS:] ria 22% rn organizlat,anal citizenship {participation) Developing highly engaged teams results in fewer negative outcomes. more positive outcomes and greater success for your orgarliz tkrn. Note-. 'T.p-gwart Ile teams on on Sia9emera_ achieved togher perrorrnance In pvselve autDa ne and raaIm,d Urn... negativist outcomes. 9ottorn-qurartilu taarnsrealized more negative duh.ornes and 3CFtieer9O I6wsRr CiarlurffiailiCe dri Potllaoeduluain E•S. •Heg}i-tumo sr organizations are those with more than 4r7% annualized turnover. Low-t rnover orjfarriLLtioria are those with'I C%. loner am WNiZec SLtra ,er. 0 Learn more about the 2024 meta -analysis Also provided for your review — Budget headlines from Florida Municipalities for FY2025: 30% In rjunlity tderC4t5 City Orlando Ft. Lauderdale Tampa Miami Headline Orlando Allocates $5.9 Million for Salary Adjustments in Fiscal Year 2025 Fort Lauderdale Plans $6.5 Million Salary Increase in FY25 Tampa Allocates $7.3 Million for Salary Increases in Fiscal Year 25 Miami Plans $8.1 Million Salary Boost for City Employees in FY25 Details In anticipation of fiscal year 2025, Orlando city leaders have allocated $5.9 million toward salary adjustments for municipal employees. The move, which includes an average pay increase of 7.8% for approximately 1,800 workers, aims to mitigate the effects of inflation on employee compensation. Officials cite the necessity of competitive wages to maintain workforce stability. Fort Lauderdale has announced plans to increase salaries by $6.5 million in the upcoming fiscal year, affecting nearly 1,300 city employees. The average raise of 9.3% is intended to address inflationary pressures impacting municipal governance, ensuring equitable compensation to retain skilled personnel in key positions. Tampa city officials have approved a budget increase of $7.3 million aimed at raising salaries for city employees. The adjustment, averaging 8.5% for over 2,000 workers, addresses concerns over inflation's impact on purchasing power within municipal roles. The decision underscores Tampa's commitment to retaining skilled staff amidst economic challenges. In response to inflationary pressures, Miami city leaders have proposed an $8.1 million budget for salary increases in the upcoming fiscal year. This move will result in an average pay raise of 8.2% for approximately 2,200 Jacksonville Announces $6.7 Jacksonville Million Salary Adjustment for Fiscal Year FY25 St. Petersburg to Implement $5.4 St. Petersburg Million Salary Increase for City Workers in FY25 Tallahassee Budget Includes $6.2 Tallahassee Million for Employee Salary Increases in FY25 municipal employees. The adjustment aims to ensure competitive compensation and improve employee retention rates. Jacksonville city officials have unveiled a $6.7 million plan to increase salaries for municipal employees in FY2025. The average raise of 7.9% will benefit around 1,500 workers. This initiative is part of a broader effort to counteract inflation and maintain a stable and motivated workforce. St. Petersburg has allocated $5.4 million for salary adjustments for the upcoming fiscal year. The plan includes an average pay raise of 7.5% for nearly 1,400 municipal employees. Officials emphasize the need to offer competitive wages to combat inflation and support employee retention. Tallahassee city leaders have set aside $6.2 million for salary increases in fiscal year 2025. This will result in an average pay raise of 8.0% for around 1,600 city employees. The move is intended to address the impact of inflation on employee compensation and ensure the city remains an attractive employer. ITEM # 2 DRAFT CAPE CANAVERAL CITY COUNCIL SPECIAL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Wednesday July 10, 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 Administrative/Financial Services Director Community + Economic Development (C+ED) Dir. C+ED Deputy Director/Code Enforcement Manager C+ED Resiliency Services Engineering Manager Human Resources/Risk Management Director Parks + Recreation and Community Affairs (PRCA) Dir. Executive Assistant to City Manager/Office Manager Brevard County Sheriff's Office Lieutenant Brevard County Sheriff's Office Corporal Todd Morley Anthony Garganese Mia Goforth John DeLeo Dave Dickey Brian Palmer Alexis Miller Natalie Harmon Molly Thomas Lisa Day Scott Molyneaux Marissa Wright APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: A motion was made by Council Member Willis, seconded by Council Member Davis, to approve the Agenda as written. The motion carried 5-0. PUBLIC PARTICIPATION: Tamara Muhlbach, resident, discussed opposition to the City Manager's Recommendations for the Report of Findings. ITEM FOR DISCUSSION: Accept the completion of the City Manager's Recommendations for the Report of Findings regarding the Community and Economic Development Department roles, responsibilities and actions for properties located on Fillmore Avenue and Jackson Avenue: City Manager Morley reviewed the Item, and announced that a new Building Official will start employment with the City on August 1, 2024. Discussion ensued. A motion was made by Council Member Willis, seconded by Council Member Davis, to accept the Report and the Proposed Reorganization Chart in the Proposed Budget. Discussion ensued whether Council Member Willis preferred to address the motions separately or together. City Manager Morley discussed additional recommendations including Standard Operating Procedures (SOPs) to be completed and distributed to Council, and hiring the services of a contract Code Enforcement Officer. Discussion ensued. City Attorney City of Cape Canaveral, Florida DRAFT July 10, 2024 City Council Special Meeting Minutes Page 2 of 2 Garganese provided clarification regarding the title of the Agenda, purpose of performance bonds, and the engineering question as to what the developer at Fillmore Avenue would be giving the City to take on maintenance of. Community and Economic Development Director Dickey announced the Fillmore Avenue Project Developer and Engineer of Record are scheduled to meet on Friday, July 12, 2024, which will be reflected in the next Update to the January 24, 2024 Special Meeting. Mayor Morrison recessed the meeting at 5:56 p.m. The meeting reconvened at 6:13 p.m. Joyce Downing, resident, discussed concerns related to the Fillmore Avenue construction issues and personal impacts. Sherry Burkley, property owner, discussed concerns related to the Fillmore Avenue construction issues and personal impacts. Discussion ensued. City Attorney Garganese explained the emergency easement in the plat that gives the City the ability to make drainage system repairs, improvements to the right-of-way, and which would be a policy decision for Council to make. City Manager Morley discussed the idea of revoking the Certificates of Occupancy and replacing them with Temporary Certificates. City Attorney Garganese suggested the City send a demand letter to the contractor, and cautioned Council regarding revoking of Certificates of Occupancy. Discussion ensued. Community and Economic Development Director Dickey discussed recommendations of former City Engineer John Pekar. Finance Director DeLeo discussed the availability of Stormwater and some American Rescue Plan Act funds. City Manager Morley discussed options before Council including a demand letter. Discussion ensued. City Manager Morley discussed the proposed Organizational Chart and the impacts related to the Proposed Budget. Discussion ensued. City Clerk Goforth confirmed the motion and second on the floor. Discussion ensued. Council reached consensus for more than one option regarding a revised Organizational Structure. Discussion ensued. The motion failed 3-2, with Council Member Jackson, Mayor Pro Tem Kellum and Mayor Morrison voting against. A motion was made by Council Member Willis, seconded by Council Member Davis, to receive the City Manager's Report. Discussion ensued. The motion carried 5-0. Peg Schaller, property owner, discussed concerns and opinions related to the City and the Agenda Item. City Manager Morley requested Council direction on retaining the services of a contract Code Enforcement Officer and providing SOPs. Discussion ensued. Council reached consensus for Staff to provide the SOPs to Council and hire a contract Code Enforcement Officer until at least October 1, 2024, and after which a newly hired Department Director may opt to extend or terminate the contract. Discussion ensued. Council reached consensus for Staff to contact the Fillmore Avenue Contractor, to inform them that the Council directed Staff to move forward with a demand letter with a specified timeframe, which if surpassed, may result in improvements being made by the City in accordance with the approved Plan, and the City will look to the Contractor for remuneration to the full extent of the law. Discussion ensued. City Manager Morley expressed commitment to seeing these issues fixed. ADJOURNMENT: The Special Meeting was adjourned at 9:11 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk ITEM # 3 DRAFT CITY OF CAPE CANAVERAL CITY COUNCIL BUDGET WORKSHOP MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Tuesday July 16, 2024 5:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:00 p.m. Council the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Council Member Mayor Pro Tem Council Member Mayor Kim Davis Kay Jackson Mickie Kellum Don Willis Wes Morrison Others Present: City Manager City Attorney City Clerk Administrative/Financial Services (AFS) Director AFS Senior Accountant AFS Finance Manager 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. Public Works Services (PWS) Director Executive Assistant to City Manager/Office Mgr. PWS Deputy Director Brevard County Sheriff's Office (BCSO) Commander BCSO Lieutenant Todd Morley Anthony Garganese Mia Goforth John DeLeo Joey Blacker Cheryl Puleo Tim Carlisle David Dickey Kyle Harris Alexis Miller Natalie Harmon Molly Thomas June Clark Lisa Day Jessica Erdman Byron Keck Scott Molyneaux Member Willis led PUBLIC PARTICIPATION: Patrick Campbell, resident, discussed participatory budgeting and spending caps. ITEM FOR DISCUSSION: Proposed Fiscal Year 2024/2025 Budget and Five (5) Year Capital Improvement Plan: City Manager Morley and AFS Director DeLeo discussed the Item. Discussion ensued. Council reached consensus to hold a City Council Budget Workshop Meeting on Tuesday, August 6, 2024 at 4:30 p.m. ADJOURNMENT: The Workshop Meeting was adjourned at 5:57 p.m. Mia Goforth, City Clerk Wes Morrison, Mayor ITEM # 4 DRAFT CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoTo webinar Tuesday July 16, 2024 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Council the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Council Member Mayor Pro Tem Mayor Council Member Kim Davis Kay Jackson Mickie Kellum Wes Morrison Don Willis Others Present: City Manager City Attorney City Clerk Administrative/Financial Services Director Finance Manager IT Manager Capital Projects Director C+ED Chief Resilience Manager C+ED Senior Planner C+ED Resilience Engineering Service Manager Human Resources/Risk Management Director Parks, Recreation + Community Affairs (PRCA) Dir. PRCA Deputy Director Public Works Services (PWS) Director Public Works Services (PWS) Deputy Director Executive Assistant to City Manager/Office Manager Brevard County Sheriff's Office Commander Brevard County Sheriff's Officer Lieutenant Brevard County Sheriff's Deputy Todd Morley Anthony Garganese Mia Goforth John DeLeo Cheryl Puleo Michael Schaffer Tim Carlisle Zachary Eichholz Kyle Harris Lexi Miller Natalie Harmon Molly Thomas John Mayberry June Clark Jessica Erdman Lisa Day Byron Keck Scott Molyneaux Cheyne Dalton Member Davis led APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: A motion was made by Council Member Willis, seconded by Mayor Pro Tem Kellum, to approve the Agenda as written. Motion carried 5-0. PRESENTATIONS/INTERVIEWS: 2024 Election Readiness - Presentation by the Supervisor of Elections, Brevard County, Tim Bobanic: Supervisor Bobanic discussed how to be Election Ready in Brevard County for the 2024 City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • July 16, 2024 Minutes • Page 2 of 4 Primary Election on August 20, 2024, the General Election on November 5, 2024, and thanked City Staff for promoting all deadlines for voter registration on social media and the City Hall marquee. Presentation of Institute for Elected Municipal Officials (IEMO) and IEMO II Certificates to Council Member Kim Davis: Mayor Morrison presented the Certificates to Council Member Davis. Presentation of Institute for Elected Municipal Officials (IEMO) Certificate of Completion to Council Member Kay Jackson: Mayor Morrison presented the Certificate to Council Member Jackson. Presentation of Proclamation declaring July 19, 2024 as "Parks and Recreational Professionals Day" to City Parks, Recreation and Community Affairs Staff: Mayor Morrison read and presented the Proclamation to the Parks, Recreation and Community Affairs Staff. PRCA Director Thomas addressed and thanked Council. PUBLIC PARTICIPATION: John Benton, visitor, discussed a Code reduction hearing. Tamara Muhlbach, resident, apologized to the Council and Council Member Davis for her outburst at the City Council Special Meeting on July 10, 2024, suggested reaching out to other cities for standard operating procedures and best practices, and accused Code Enforcement Staff of lying to Council about falsification of City records. Pat Campbell, resident, discussed concerns related to the length of City Council Regular Meeting agendas, fair compensation regarding Council salaries, citizen participation related to City expenditures, and contracting out City Code Enforcement. Angela Raymond, resident, discussed concerns regarding the need for maintenance of tennis court number five at the Nancy Hansen Recreation Center ahead of the Space Coast Tennis League Tournament. CONSENT AGENDA: 1. Approve Minutes for the June 18, 2024 Regular Meeting. 2. Resolution No. 2024-06; adopting a Water Service Agreement with the City of Cocoa in accordance with Ch. 57-1232, Laws of Florida and Section 163.01, Florida Statues (the Florida Interlocal Cooperation Act of 1969); providing for repeal of prior inconsistent resolutions, severability and an effective date. 3. Approve proposal from Tetra Tech, Inc. in the amount of $98,231 for Engineering services for the replacement of blower supply lines and related components at the Waste Water Treatment Facility and authorize City Manager to execute same. A motion was made by Council Member Davis, seconded by Council Member Willis, to approve the Consent Agenda. The motion carried 5-0. PUBLIC HEARINGS: 4. Resolution No. 2024-04; adopting a Tentative Proposed Millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2024/2025 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date: Mayor Morrison read the title into the record. City Manager Morley explained the Item. Discussion ensued. The public hearing was opened. There being no comment, the public hearing was closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Jackson, to go with the Middle -of -the -Road City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • July 16, 2024 Minutes • Page 3 of 4 tax millage rate. City Manager Morley explained the Middle -of -the -Road option represents the General Government Millage tax rate of 3.4519, and with the Library Dependent Special District of 0.0422 mills equals a combined Tentative Proposed Millage Rate of 3.4941. Discussion ensued. Capital Projects Director Carlisle discussed the Oak Lane Project is out for re -bid on August 8, 2024, this due to only having received one bid -submittal the first time in the amount of $1.5 million dollars. Discussion continued. The motion carried 4-1, with Mayor Morrison voting against. 5. Ordinance No. 17-2024; amending Chapter 82 Buildings and Building Regulations to adopt a local administrative amendment to the Florida Building Code to add a new City Code Section 82-149 requiring a building permit for roof coatings regulated under the Florida Building Code; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, first reading: City Attorney Garganese read the title into the record and explained the Item. The Public Hearing was opened. There being no comment, the Public Hearing was closed. Discussion ensued. City Manager Morley explained that a $20,000 roof coating permit fee for a condominium would be $206.00 based on the Schedule of Fees in the City Code, and how the City can ask for but not mandate participating property owners to provide feedback to the City about whether they received any insurance benefit as a result of this amendment. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to pass Ordinance No. 17-2024, at first reading. The motion carried 5-0. 6. Ordinance No. 18-2024; amending Section 110-196 of the City Code regarding Nonconforming Lots of Record and Single -Family Dwellings and Duplexes; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading: City Attorney Garganese read the title into the record, and explained the Item. The Public Hearing was opened. Mike DiChristopher, property owner, distributed handouts to Council and Staff, and discussed support for the Item. Patrick Campbell, resident, discussed submittal of an email for the record, and opposition to the Item. The Public Hearing was closed. Discussion ensued. City Attorney Garganese explained the potential negative impacts to the properties where there is no record the City approved the subdivision of the lot, this Ordinance addresses existing single-family homes and duplexes, not vacant lots, and the impracticality to address these properties on a case -by -case basis. Discussion continued. A motion was made by Council Member Davis, seconded by Mayor Pro Tem Kellum, to approve Ordinance No. 18-2024, at first reading. The motion carried 3-2, with Council Member Jackson and Mayor Morrison voting against. Mayor Morrison recessed the meeting at 8:37 p.m. The meeting reconvened at 8:52 p.m. ITEMS FOR ACTION: 7. 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 read the title into the record. HR Director Harmon explained the Item. Discussion ensued. City Manager Morley indicated Council decision can wait until the August City Council Regular Meeting. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Jackson, to wait until the August City Council Regular Meeting to make a decision. Discussion ensued. The motion carried 3-2, with Council Member Davis and Council Member Willis voting against. 8. Request for removal of one (1) Live Oak Specimen Tree at 211 Buchanan Avenue: Pamela Czaplicki, Contractor/Applicant, discussed the reasons for removal of the Tree. City Manager Morley City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • July 16, 2024 Minutes • Page 4 of 4 explained the Item. Discussion ensued. Council Member Davis read an email from resident Brad Pervell into the record. City Attorney Garganese explained the statutory preemption does not apply in this case, and the Applicant may hire another arborist to evaluate the Tree. Discussion continued. A motion was made by Council Member Jackson, seconded by Mayor Pro Tem Kellum, to extend the Meeting for thirty minutes. The motion carried 4-1, with Council Member Willis voting against. Discussion continued. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Davis, to deny removal of the Tree. Mayor Morrison requested to inspect the property with Applicant permission. Discussion ensued. The motion carried 5-0. Mayor Morrison noted the time at 10:12 p.m., and suggested five minutes be allotted to each remaining Agenda Item. 9. Ratify the Composite City Manager Performance Evaluation and discuss/determine how to proceed with the provisions of Section 2, Salary and Evaluation, of the Employment Agreement between the City of Cape Canaveral and City Manager Todd Morley: Discussion ensued. City Manager Morley stated the contract specifies the Evaluation shall be made between May and July of each year. City Attorney Garganese stated Council may agree to move the Item to August. Discussion ensued. City Manager Morley agreed to reschedule the Item to next month. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Jackson, to postpone to August, making it the first Item on the Agenda. Discussion ensued. The motion carried 3-2, with Council Members Davis and Willis voting against. Discussion ensued. ITEMS FOR DISCUSSION: 10. Discuss amending the City's public electric vehicle (EV) charging station fee schedule to allow for overnight charging at City Hall and provide direction to Staff regarding updating City Code as appropriate to allow for overnight EV charging at applicable City parks: Chief Resilience Manager Eichholz explained the Item. Discussion ensued. City Manager Morley discussed City Parks hours are closed from dusk to dawn, compliance, and an idle fee grace period. Council reached consensus for Staff to bring back a resolution amending the City's fee schedule for idle fees, and an ordinance to amend City Code to allow for overnight EV charging at specified City parks. Mayor Morrison noted the time at 10:29 p.m., and the need for an extension or move Items to the next meeting. A motion was made by Council Member Jackson, seconded by Mayor Pro Tem Kellum, to extend the Meeting to 11:00 p.m. The motion received a majority vote 3-2, with Council Members Davis and Willis voting against. 11. Action Item to follow up on identifying immediate actions that could possibly impact the flooding on the Presidential Streets as discussed during June City Council Meeting. (Submitted by Council Member Jackson): Council Member Jackson discussed the Item. City Attorney Garganese made a point of order that extending the Meeting past 10:30 p.m. required a super majority, and therefore the Meeting is technically adjourned under City Code Sec. 2-69. ADJOURNMENT: The Meeting was adjourned at 10:32 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 20, 2024 AGENDA ITEM SUMMARY • ITEM # 5 Subject: Resolution No. 2024-07; reappointing members 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. (Nancy Gentilquore and Steven Stroud) Department: City Clerk's Office Summary: The terms for Planning and Zoning Board Members Nancy Gentilquore and Steven Stroud expire September 15, 2024. Ms. Gentilquore was originally appointed in February 2020, and Mr. Stroud in July 2020, to partial terms to fill vacancies on the Board. Both were reappointed to full three-year terms in August 2021, are eligible to be considered for reappointment for their second -consecutive three-year terms, consistent with the limitations set forth in Section 2 171(f), City Code, and have both indicated a preference to be considered for reappointment. Resolution No. 2024-07 (Attached) has been prepared to reappoint Ms. Gentilquore and Mr. Stroud to new three-year terms, to end September 15, 2027. Following the completion of these terms, Ms. Gentilquore and Mr. Stroud may be eligible for reappointment, should no qualified candidates apply to serve on the Board, consistent with the limitations set forth in Section 2 171(f), City Code. It is now incumbent upon Council to reappoint members to the Planning and Zoning Board. Submitting Department Director: Mia Goforth Attachment: Resolution No. 2024-07 Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Adopt Resolution No. 2024-07. Approved by City Manager: Todd Morley RESOLUTION NO. 2024-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code §58-56 established a Board known as the Planning and Zoning Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint members to the Planning and Zoning Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Reappointment of a Member to the Planning and Zoning Board. Pursuant to City Code §2-171(f), the City Council of the City of Cape Canaveral hereby reappoints the following individuals to the Planning and Zoning Board: Nancy Gentilquore and Steven Stroud shall be reappointed, to serve until September 15, 2027. Following completion of this term, these appointees may be eligible for reappointment if no other qualified applicants submit applications seeking appointment, consistent with the limitations set forth in section 2-171(f), City Code. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 20th Day of August, 2024. [Signature Page Follows] City of Cape Canaveral Resolution No. 2024-07 Page 1 of 2 ATTEST: Mia Goforth, CMC, City Clerk Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Wes Morrison, Mayor Name FOR AGAINST Kim Davis Kay Jackson Mickie Kellum Wes Morrison Don Willis City of Cape Canaveral Resolution No. 2024-07 Page 2 of 2 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 20, 2024 AGENDA ITEM SUMMARY • ITEM # 6 Subject: Resolution No. 2024-08; amending Resolution No. 2023-21 and rates and charges and other terms and conditions for public EV charging stations operated by the City on City owned or controlled property; providing for the repeal of prior inconsistent resolutions, severability and an effective date. Department: Community and Economic Development Department — Resilience Division Summary: On December 6, 2023, the City of Cape Canaveral (City) officially commissioned six new Level-2 networked universal electric vehicle (EV) public charging stations. These six new networked pay -to -use charging stations replaced six non -networked Level-2 charging stations that were available for use at no costs to drivers. Between all six stations, twelve total plugs are available. These charging stations can be found at the City of Cape Canaveral Community Center within Canaveral City Park (one station, two plugs), Cape Canaveral City Hall (three stations, six plugs), Manatee Sanctuary Park (one station, two plugs), and Banana River Park (one station, two plugs). Currently, all of the City's charging stations are set to operate between 6:30 a.m. and 9:30 p.m. each day. These operating hours are in place because City Code at present does not allow for overnight parking at any City parks, which is where three of the four charging station sites are located. While overnight parking is not prohibited at City Hall, these stations were allotted the same operating hours as the others for program consistency. However, these current operating hours do not align with the needs of most residential EV drivers living within the City based on feedback and testimony heard by Council Members and City Staff, nor do they align with other municipal public EV charging station programs. Most EV charging is conducted overnight when drivers return home, completing a charging cycle when asleep. By keeping the City's current charging station hours in place, the City is significantly reducing availability and accessibility to potential users and thereby also reducing potential program revenues. At the July 16, 2024, Regular City Council Meeting, Council reached consensus (Attachment 1) to direct Staff to amend the City's current public EV charging station fee schedule via a new Resolution (Attachment 2) to allow for 24/7 charging availability at City Hall's three charging stations (six total plugs) where overnight parking is not prohibited. The current rate structure will remain the same at all charging stations with one exception; the idle fee will not be applied to City Hall's charging stations for anyone who plugs in between 9:31 p.m. and 6:30 a.m. The idle fee will resume at City Hall's stations at 6:31 a.m. All other City EV charging stations located at Manatee Sanctuary Park, Banana River Park, and Canaveral City Park will be set to cease operations at 9:30 p.m. every evening, and resume operations at 6:30 a.m. every morning as originally programmed. In the prelude to a disruptive tropical cyclone, an evacuation order, or any other hazardous event, the Resolution authorizes the City Manager to modify the operational schedule of any or all EV charging stations upon a Declaration of Civil Emergency for the duration of the event. At the July 16, 2024, Regular City Council Meeting, Council also reached consensus to direct Staff develop an ordinance to amend City Code to allow for overnight EV charging at specific City parks. This ordinance is still currently under development and will be brought back to Council for review and approval in the near future. City of Cape Canaveral City Council Meeting • August 20, 2024 Agenda Item # 6_ Page 2 of 2 Outreach: Staff have prepared a draft letter (Attachment 3) that can be sent to Condo Associations detailing the changed hours of operation to promote awareness to potential users as condo owners often do not have easy access to EV charging. The letter can be amended, depending on Council's direction. It will be mailed once all proposed updates have been made to the City's EV charging station program, to include messaging regarding extended overnight hours at City Hall and at specific City parks. Staff will also prepare messaging for the City's social media pages, the Weekly Update, website, within charging station wayfinding apps such as Plugshare, and City Hall's digital marquee to further promote the changed hours of operation. This program update will allow more EV charging flexibility, accessibility, and availability to residents who do not have easy access to at-home charging. It will also extend charging availability at late night nearby City events such as Friday Fest and increase overall program revenues since, on average, most drivers charge at night for long periods of time. From a public safety perspective, it will increase general preparedness to hazard situations like severe weather or personal emergencies that may necessitate access to overnight charging. Staff met with Commander Byron Keck and Lieutenant Scott Molyneaux with the Brevard County Sheriff's Office (BCSO) on Thursday, June 20, 2024, to discuss security and enforcement implications regarding the transition to allowing 24/7 charging at City facilities. Commander Keck and Lieutenant Molyneaux did not express concerns relating to offering 24/7 charging at City facilities or parks, and would make their deputies aware of the change if authorized by Council as part of their existing patrols. Between program activation on December 6, 2023, and August 11, 2024, the stations have recorded 986 individual plug -ins and have generated $3,175 in revenue. Submitting Department Director: Todd Morley Attachments: 1. Draft July 16, 2024, City Council Regular Meeting Minutes - Excerpt 2. Resolution No. 2024-08 3. Draft of outreach letter to condo associations notifying expanded program operating hours 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: Adopt Resolution No. 2024-08. Approved by City Manager: Todd Morley Attachment 1 City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • July 16, 2024 Minutes • Page 4 of 4 explained the Item. Discussion ensued. Council Member Davis read an email from resident Brad Pervell into the record. City Attorney Garganese explained the statutory preemption does not apply in this case, and the Applicant may hire another arborist to evaluate the Tree. Discussion continued. A motion was made by Council Member Jackson, seconded by Mayor Pro Tem Kellum, to extend the Meeting for thirty minutes. The motion carried 4-1, with Council Member Willis voting against. Discussion continued. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Davis, to deny removal of the Tree. Mayor Morrison requested to inspect the property with Applicant permission. Discussion ensued. The motion carried 5-0. Mayor Morrison noted the time at 10:12 p.m., and suggested five minutes be allotted to each remaining Agenda Item. 9. Ratify the Composite City Manager Performance Evaluation and discuss/determine how to proceed with the provisions of Section 2, Salary and Evaluation, of the Employment Agreement between the City of Cape Canaveral and City Manager Todd Morley: Discussion ensued. City Manager Morley stated the contract specifies the Evaluation shall be made between May and July of each year. City Attorney Garganese stated Council may agree to move the Item to August. Discussion ensued. City Manager Morley agreed to reschedule the Item to next month. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Jackson, to postpone to August, making it the first Item on the Agenda. Discussion ensued. The motion carried 3-2, with Council Members Davis and Willis voting against. Discussion ensued. ITEMS FOR DISCUSSION: 10. Discuss amending the City's public electric vehicle (EV) charging station fee schedule to allow for overnight charging at City Hall and provide direction to Staff regarding updating City Code as appropriate to allow for overnight EV charging at applicable City parks: Chief Resilience Manager Eichholz explained the Item. Discussion ensued. City Manager Morley discussed City Parks hours are closed from dusk to dawn, compliance, and an idle fee grace period. Council reached consensus for Staff to bring back a resolution amending the City's fee schedule for idle fees, and an ordinance to amend City Code to allow for overnight EV charging at specified City parks. Mayor Morrison noted the time at 10:29 p.m., and the need for an extension or move Items to the next meeting. A motion was made by Council Member Jackson, seconded by Mayor Pro Tem Kellum, to extend the Meeting to 11:00 p.m. The motion received a majority vote 3-2, with Council Members Davis and Willis voting against. 11. Action Item to follow up on identifying immediate actions that could possibly impact the flooding on the Presidential Streets as discussed during June City Council Meeting. (Submitted by Council Member Jackson): Council Member Jackson discussed the Item. City Attorney Garganese made a point of order that extending the Meeting past 10:30 p.m. required a super majority, and therefore the Meeting is technically adjourned under City Code Sec. 2-69. ADJOURNMENT: The Meeting was adjourned at 10:32 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk Attachment 2 RESOLUTION NO. 2024-08 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING RESOLUTION NO. 2023-21 AND RATES AND CHARGES AND OTHER TERMS AND CONDITIONS FOR PUBLIC EV CHARGING STATIONS OPERATED BY THE CITY ON CITY OWNED OR CONTROLLED PROPERTY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the home rule authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council previously adopted Resolution No. 2023-21 establishing rates and charges and other terms and conditions for public EV charging stations operated by the City on City owned or controlled property in accordance with Section 366.94(1), Florida Statutes which states that the provision of electric vehicle charging to the public by a nonutility is not the retail sale of electricity for the purposes of being regulated by the Florida Public Service Commission under Chapter 366, Florida Statutes. Therefore, the rates, terms, and conditions of electric vehicle charging services by a nonutility are not subject to regulation under Chapter 366, Florida Statutes, and Chapter 366 does not affect the ability of individuals, businesses, or governmental entities to acquire, install, or use an electric vehicle charger for their own vehicles; and WHEREAS, based on the home rule powers vested in the City under the State Constitution, and the applicable provisions of Chapter 366, Florida Statutes, the City Council hereby desires to amend Resolution No. 2023-21 to authorize night-time operation of certain EV charging stations to increase availability, accessibility and revenues; and WHEREAS, the City Council hereby also finds that this Resolution is in the best interests of the public health, safety and welfare of the citizens of the City of Cape Canaveral and general public. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Amendment Rates and Charges Schedule. The following provisions of Section 2 (D) and (E) of Resolution No. 2023-21 are hereby amended and replaced in their entirety as follows: D. Idle Fee: For purposes of increasing turnover and public availability of the charging stations an "idle fee" will be applied until the recharging plug is removed, according to the following schedule: (i) For charging sessions that begin between 6:30 a.m. and 9:30 p.m., an idle fee of $0.15 per minute. City of Cape Canaveral Resolution No. 2024-08 Page 1 of 3 (ii) For charging sessions that begin after 9:30 p.m. and end before 6:30 a.m., an idle fee of $0.00 per minute. (iii) For charging sessions that begin before 6:30 a.m. and end after 6:31 a.m., an idle fee of $0.15 per minute shall begin at 6:31 a.m. E. Other Terms and Conditions of Usage: (i) All EV charging stations located at Manatee Sanctuary Park, Banana River Park, and Canaveral City Park will be programmed to cease operations at 9:30 p.m. every evening, and resume operations at 6:30 a.m. every morning. EV charging stations located at City Hall will remain available at all times. However, whenever a tropical storm, hurricane warning, evacuation order or other emergency event exists, the City Manager may modify the operational schedule of any or all EV charging stations for the duration of the event. (ii) Any provision of the City Code prohibiting or limiting overnight parking on City owned property (including City parks such as Manatee Sanctuary Park, Banana River Park, and Canaveral City Park) shall remain in full force and effect. All other provisions of Resolution No. 2023-21 not amended by this Section 2 shall remain in full force and effect. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Reporting Resolution to State. Pursuant to Florida Statutes § 377.815(3), the City, as an owner or operator of an electric vehicle charging station that is available for public use, may report the station's name, address, or location, and the fees or costs associated with the electric vehicle charging services provided by the station, to the Florida Department of Agriculture and Consumer Services. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption. [Adoption Page Follows] City of Cape Canaveral Resolution No. 2024-08 Page 2 of 3 ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 20th day of August 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. 2024-08 Page 3 of 3 CITY OF CITY OF CAPE CANAVERAL Attachment 3 PO. Box 326 • 100 Polk Avenue • Cape Canaveral, EL 32920-0326 (321) 868-1220 if www.cityofcapecanaveral.org To Whom it May Concern, This letter is to inform condo associations that in December 2023, the City of Cape Canaveral installed six new universal Level-2 electric vehicle (EV) charging stations that are available for public use. These six new stations, which each have two charging ports, are networked and require user payment to operate; replacing what had previously been six non -networked free -to -use charging stations that were each installed between 2016 and 2019. Locations include: • Banana River Park (one station, two plugs) • Manatee Sanctuary Park (one station, two plugs) • City of Cape Canaveral Community Center — Canaveral City Park (one station, two plugs) • Cape Canaveral City Hall (three stations, six plugs) You are receiving this information because many condo associations within the City of Cape Canaveral have expressed interest and/or had questions regarding EV charging accessibility for their residents and visitors as all -electric vehicles become more prominent. To utilize each station, which are specifically NovaCHARGE NC8000 Series stations, one must download an app called ChargeUp and create an account. City of Cape Canaveral residents are eligible for a rate discount upon proof of residency. For non- residents, charging rates are set at $0.20 per kilowatt-hour, then go up to $0.25 per kilowatt-hour after four hours of charging. For residents who register for a discount, charging rates are set at $0.15 per kilowatt-hour, then go up to $0.20 per kilowatt-hour after four hours of charging. An idle fee of $0.15 per minute will commence upon reaching full charge and the plug remains connected to the vehicle. ChargeUp will notify users when their vehicle has completed charging. There is no parking fee associated with any of the stations. All EV charging stations located at Manatee Sanctuary Park, Banana River Park, and Canaveral City Park are programmed to cease operations at 9:30 pm every evening, and resume operations at 6:30 am every morning. EV charging stations located at City Hall remain available at all times. No idle fee is present at City Hall for those that plug in between 9:31 pm and 6:30 am. An idle fee will begin at 6:31 am if still plugged in to a station at City Hall. Whenever a tropical cyclone, evacuation order or other emergency event exists, the City Manager may modify the operational schedule of any or all EV charging stations for the duration of the event under a declared Civil Declaration of Emergency. If a Cape Canaveral resident wishes to apply for a discount, please use the following link: https://www.cityofcapecanaveral.org/government/city departments/resiliency/evresident.php. If you have any questions, please email resiliencedivision@cityofcapecanaveral.org. Thank you. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 20, 2024 AGENDA ITEM SUMMARY • ITEM # 7 Subject: Appoint City Senior Planner Kyle Harris as the City's voting representative on the Space Coast Transportation Planning Organization's Technical Advisory Committee for the remainder of Calendar Year 2024. Department: City Clerk's Office Summary: The Space Coast Transportation Planning Organization (SCTPO) is a metropolitan planning organization established under §339.175, Florida Statutes, to coordinate transportation planning and finance throughout Brevard County. The SCTPO includes a Technical Advisory Committee (TAC) that reviews the work progress and evaluates the technical acceptability of plans and studies. The TAC consists of technically -qualified representatives of agencies responsible for planning and development, and makes recommendations, with supporting technical information, to the SCTPO Governing Board to assist with policy -making decisions. The City of Cape Canaveral has one voting representative position on the TAC, which had been held by former Resilience Engineering Services Manager Lexi Miller. With Ms. Miller's resignation from City employment, effective August 2, 2024, Senior Planner Kyle Harris has been handling these duties as Ms. Miller's alternate. Staff recommends City Council formally appoint Mr. Harris to serve as the City's SCTPO TAC voting representative for the remainder of Calendar Year 2024. Appointments/reappointments to SCTPO Committees for Calendar Year 2025 will be presented for City Council consideration/action at the December 17, 2024 Regular Meeting. It is now incumbent upon City Council to appoint a qualified Staff member as voting representative to the SCTPO's TAC, to fill the remainder of Ms. Miller's Calendar Year 2024 term. Submitting Department Director: Mia Goforth Attachments: None. Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Appoint City Senior Planner Kyle Harris as the City's voting representative on the SCTPO's TAC for the remainder of Calendar Year 2024. Approved by City Manager: Todd Morley CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 20, 2024 AGENDA ITEM SUMMARY • ITEM # 8 Subject: Approve proposal from Tetra Tech, Inc. in the amount of $92,976 for Engineering Services for the Gravity Sewer Cleaning, Inspection and Evaluation for Rehabilitation Recommendations - Phase I, and authorize the City Manager to execute the same. Department: Capital Projects/ Public Works Services Summary: In FY23-24, the City budgeted for an ongoing Sanitary Sewer GIS Mapping in Capital Improvement Project (CIP) # WW-14 in the amount of $100,000. This CIP has since been renamed for FY24-25 "Sanitary Collection/Transmission System Evaluation Program" and will continue until FY26-27. The State of Florida passed legislation (Senate Bill 712 and House Bill 1091) in 2020 intended to achieve the following with regards to municipal sanitary collection/transmission systems: • Mitigate impacts of power outages on the collection/transmission system; • Prevent Sanitary Sewer Overflows (SSO) and underground pipe leaks; • Ensure proper maintenance of the collection/transmission system; • Improve resiliency of the sanitary collection/transmission system against sea -level rise; and • Minimize inflow and infiltration (I/1) from the collection system including manholes, piping, individual service connections and sanitary sewer laterals. The State is continuing to develop administrative regulations to accomplish the objectives set forth in these bills. Chapter 62-600, F.A.C. (Domestic Wastewater Facilities) and Chapter 62-604, F.A.C. (Collection Systems and Transmission Facilities) are the applicable regulations currently being updated by Florida Department of Environmental Protection (FDEP). One of the major contributors to inflow and infiltration (I/1) and sanitary sewer overflows (SSOs) in wastewater systems is damaged or faulty sewer laterals that connect the customers to the wastewater collection system. Depending on the condition of the collection system, sewer laterals can account for over 50% of the I/1 entering the collection system. I/1 reduction efforts by utilities focus on rehabilitation of utility owned assets typically located in rights -of -way or easements and comprising gravity collection lines and manholes and that portion of the sewer lateral that lies within the boundaries of the ROW. The portion of the customer lateral that is located on private property is privately owned, and therefore, outside of the control of the utility. Private sewer lateral inspection and rehabilitation programs are a means of cataloging the condition of system laterals while providing a mechanism for the repair of damaged laterals and reduction of 1/1. One of the intentions of the passed legislation is to minimize I/I from the collection system including manholes, piping, individual service connections and sanitary sewer laterals. Chapter 62-600, F.A.C. mentions private sewer lateral rehabilitation as necessary to prevent sanitary sewer overflows. Private laterals are not the responsibility of the City; however, it is in the City's best interest to encourage property owners to have maintenance done in efforts to reduce I/1. Sections 125.569 and 166.0481, F.S. state: By July 1, 2022, each county is encouraged to establish an evaluation and rehabilitation program for sanitary sewer laterals on residential and commercial properties within the county'sjurisdiction to identify and reduce extraneous flow from leaking sanitary sewer laterals. Project Phases. The City of Cape Canaveral (City) is being proactive and has taken specific actions in the short-term to better position ourselves for compliance with the regulations following enactment. The City has developed a Program to facilitate the availability of data and help identify City of Cape Canaveral City Council Meeting • August 20, 2024 Agenda Item # 8_ Page 2 of 2 the facilities that will be impacted by the future regulations. The Program is divided into the following three phases: • I - GIS Mapping; • II - Preliminary Evaluation; and • III - System Evaluation and Plan Development. The City tasked Tetra Tech to provide services for the first phase of the program by providing gravity sewer inspection planning support, cleaning and closed-circuit television (CCTV) inspection services, and GIS database updates based on the results of these inspections. Evaluation for rehabilitation recommendations will be provided in the next phase of the project. Project Area Description: The project will focus on the westside service area basins, from south to north (Attachment, page 5) Scope of Services: Tetra Tech has submitted a proposal (Attachment) to complete the following scope of services: • Kick-off Meeting, Data Review and Planning • Subconsultant Services • Project Management • Pre -Inspection Meeting • Coordination with Jurisdictional Authorities • Monthly Progress Meetings • Project Coordination and Status Updates • Field Visits • Web Map, GIS Updates Future phases will continue this work in other areas of the City, as required on Senate Bill 712 and House Bill 1091 legislation. Staff will continue to be proactive on completing these additional tasks which are budgeted for future work through the same CIP for a total of five (5) years. The project was started in FY22-23 and will continue until FY26-27. Submitting Department Director: Tim Carlisle/June Clark Attachment: Tetra Tech Proposal Financial Impact: $92,976 to Tetra Tech Inc. for Engineering Services for the Gravity Sewer Cleaning, Inspection and Evaluation for Rehabilitation Recommendations 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 proposal from Tetra Tech, Inc. in the amount of $92,976 for Engineering Services for the Gravity Sewer Cleaning, Inspection and Evaluation for Rehabilitation Recommendations -Phase I, and authorize the City Manager to execute the same. Approved by City Manager: Todd Morley n TETRA TECH l -�J July 2, 2024 Mr. Zeth Petersen Collections/Reclaim Manager Public Works City of Cape Canaveral 601 Thurm Boulevard — P.O. Boc 326 Cape Canaveral, FL 32920 Subject: City of Cape Canaveral Professional Engineering Services Proposal for the Gravity Sewer Cleaning, Inspection and Evaluation for Rehabilitation Recommendations — Phase I Tt # 200BP Gen/Cape Canaveral Dear Mr. Petersen: Tetra Tech is pleased to furnish this revised proposal under the Continuing Engineering/Surveying Services Agreement executed on July 17, 2018 and extended through July, 17 2024 for professional engineering services to complete the subject project. A detailed scope of services, compensation summary, and project implementation schedule are attached. We appreciate this opportunity and look forward to serving the City of Cape Canaveral on this project. If you should have any questions, please do not hesitate to contact us at 407-480-3952. Very truly yours, Jon Bundy, P.E. Vice President Attachments: - Attachment A: Project Location Map - Attachment B: Sanitary Sewer Length and Diameter by Lift Station Basin - Attachment C: Manhole Location and Connection Investigation - Attachment D: Price Proposal - Attachment E: APS Proposal Tetra Tech 201 E. Pine Street, Suite 1000, Orlando, FL 32801 Tel 407.839.3955 Fax 407.839.3790 www.tetratech.com CITY OF CAPE CANAVERAL GRAVITY SEWER CLEANING, INSPECTION AND EVALUATION FOR REHABILITATION RECOMMENDATIONS — PHASE I SCOPE OF SERVICES I. PROJECT OVERVIEW The City of Cape Canaveral (City) maintains 90,750 LF of gravity sewer collection mains within their service area. The City has initiated an on -going gravity sewer assessment and rehabilitation program. The program intent is to comply with the 2020 State of Florida legislation (Senate Bill 712 and House Bill 1091) by ensuring proper maintenance of the collection/transmission system, prevent sanitary sewer overflows (SSO) and underground pipe leaks, minimize inflow and infiltration (I/1) from the collection system including piping, individual service connections and sanitary sewer laterals. The City requested Tetra Tech to assist with the first phase of the program by providing gravity sewer inspection planning support, cleaning and closed-circuit television (CCTV) inspection services provided by a subcontractor, and GIS database updates per the inspection result reports. Evaluation for rehabilitation recommendations will be provided in the next phase of the project. This project will be focused on the following westside service area basins from South to North: LS Basins 02, 05, 07, 08, and 12 for an estimated total of 22,313 LF of 6 through 12-inch diameter gravity sewer mains as shown in Attachment A. Professional services provided herein will be performed accordance with Tetra Tech/City Agreement for Engineering/Surveying Services dated July 17, 2018. To provide logical, orderly completion of this assignment, the project has been broken down into two (2) tasks. Tasks for this project are further described herein. II. SCOPE OF SERVICES TASK 1— GRAVITY SEWER CLEANING AND CCTV INSPECTION SERVICES A. Kick-off Meeting, Data Review and Planning. Prepare for, attend, and conduct a virtual project kick-off meeting with City staff to establish lines of communication, requirements and schedule. Tetra Tech will prepare meeting minutes. Tetra Tech will review GIS data for the first phase of the program and work with the City to develop a consistent nomenclature system for sanitary sewer manholes and gravity mains. This is required to confirm the CCTV contractor identifies assets correctly in the field and the resulting CCTV inspection database will merge seamlessly with the existing GIS asset maps. Tetra Tech will prepare cleaning and inspection limits exhibits. AA/am/GS Cleaning, Insp and Eval for Rehab Tt # 200BP City of Cape Canaveral -1- 070224 fit TETRATECH B. Subconsultant Services Tetra Tech will retain Atlantic Pipe Services (APS) to provide professional cleaning and (CCTV) inspection services for this project. APS proposal includes all labor, material, equipment and workmanship necessary to complete the work for the total 22,313 LF of 6-inch through 12-inch diameter gravity sewers with the assumption that cleaning is deemed to be light (determined by percentage of debris in pipeline) and that exposure of structures and access to all work areas is provided. Refer to Attachment B for a breakdown of quantities per LS, Section VI for project assumptions and exclusions, and Attachment E for a copy of APS proposal. APS will also investigate a missing manhole and potential manhole connections at the northwest corner of Cape Shores Cir. The City has previously identified the missing manhole in the pump station 02 basin which may have possible service connections to residences to the north. This area is illustrated in Attachment C. C. Project Management Tetra Tech will perform project management services, including but not limited to, review of cleaning and inspection baseline schedules and monthly progress schedules, manage the project schedule, review the critical -path schedule and milestones, and other items to maintain the project schedule and obtain project deliverables. Tetra Tech will also facilitate coordination between APS and City field staff as required and determined during the kickoff meeting. D. Pre -Inspection Meeting Prepare for and administer one (1) virtual pre -inspection meeting with APS and the City and prepare written minutes of the meeting for distribution to attendees. E. Coordination with Jurisdictional Authorities Tetra Tech will coordinate with the jurisdictional authorities' (as applicable) inspection staff, respond to calls, correspondence and questions and coordinate field issues with APS and City as necessary to address field issues or concerns. Permits are not anticipated to complete this project. F. Monthly Progress Meetings Tetra Tech will organize, attend, and provide up to three (3) virtual progress meetings which are anticipated to occur monthly for the three (3) month field task. Meetings are anticipated at one (1) hour each. Meeting notes will be prepared and provided to attendees for review and approval to document meeting discussions. Tetra Tech will distribute the final meeting summary and documentation to attendees. AA/am/GS Cleaning, Insp and Eval for Rehab Tt # 200BP City of Cape Canaveral -2- 070224 TETRATECH G. Project Coordination and Status Updates Tetra Tech will coordinate with APS and City GIS and inspection staff throughout the project duration (3 months). It is anticipated that coordination efforts will be required to facilitate the cleaning and inspection efforts, address City inspector questions or concerns, address APS or City requests for information, review sub consultant pay applications, coordinate with the City regarding potential unforeseen circumstances encountered in the field and/or associated change orders as applicable. H. Field Visits Tetra Tech will periodically conduct site visits during APS field services implementation for general monitoring and compliance with the Contract and for coordination as required. Field observation notes will be prepared and documented for the activities. A total of three (3) visits are anticipated. I. Web Map/GIS Updates Tetra Tech will review APS deliverable for compliance with this scope, will progressively update City's existing web map and GIS database, incorporating all inspection results, updating layers as agreed on by City. Additionally, Tetra Tech will add location of sewer taps that are identified during the CCTV inspection process to existing sanitary sewer infrastructure mapping. A new layer is also created illustrating sanitary sewer conditions based on the physical CCTV inspections. The location of the manhole investigation and related connections are updated as well. III. DELIVERABLES a. Inspection Data i. NASCCO compliant PACP inspection database format with video and photo documentation (.mdb database files) b. Web Map Updates i. CCTV -based Condition Layer ii. Map of sewer tap locations iii. Updates to GIS map connectivity at manhole investigation IV. COMPENSATION FOR PROFESSIONAL SERVICES The proposed lump sum (fixed price) compensation for the Scope of Services described in Section II is $92,976. Attachment D presents a detailed breakdown of the estimated compensation for the Scope of Services. AA/am/GS Cleaning, Insp and Eval for Rehab Tt # 200BP City of Cape Canaveral -3- 070224 TETRATECH V. SCHEDULE A general project schedule that addresses each activity is presented below. These dates are based on an assumed notice to proceed of July 13, 2024. TASK 1 - GRAVITY SEWER CLEANING AND CCTV INSPECTION SERVICES 90 90 VI. NOTES/ASSUMPTIONS/EXCLUSIONS 1. Permitting is not anticipated to be required to complete this project. Any permitting support will be considered additional services. 2. Web map updates will only include the portions scoped within this project. Any additional GIS requests will require additional compensation. 3. All meetings will be attended by Tetra Tech virtually. 4. Engineering review or recommendations for rehabilitation is not included on this first phase of the project. Should the City request engineering review, it will be considered additional services. 5. City will pre clean all existing sanitary sewers ahead of the CCTV inspections by APS. 6. Exposure of structures and access to all work areas will be provided by the City. 7. Maintenance of Traffic (as required) will be provided by the City. 8. Sewer Licensed Disposal quantities are estimated. 9. Unforeseen or abnormal pipeline or site conditions will be subject to additional funding. 10. Emergency Call Outs (requested by the City) will be subject to increased rates. 11. Heavy cleaning encountered will be considered additional services and will be performed at an hourly rate by APS with prior approval from the City. 12. APS provides free cloud downloads for videos and reports. Hard copy reports with DVD or USB are not included in the scope. AA/am/GS Cleaning, Insp and Eval for Rehab Tt # 200BP City of Cape Canaveral -4- 070224 fit TETRATECH PS 13 1 Cape Canaveral Water Reclamation Facility Attachment A Project Location Map Q Phase 1 CCTV Area Q Water Reclamation Fatuity _ City Limits Ls City Pump Station Force Main City Gravity Main Illimmi c C E•Centr Glen Cheek or J-IkilagBlud'— . 1 Ocean Park Ln Seaport Blvd a C PS 041 16r / / / 1 1 1 I 1 1 1 1 AdamIs•Avec,1 I a, •` Cape ♦. naveral t i ti fl PS 02 pi 121°f P5 09 1 1 erce•Ave__ I 0 0 0) cr 1 T— AA/am/GS Cleaning, Insp and Eval for Rehab Tt # 200BP City of Cape Canaveral -5- 070224 TETRATECH Attachment B — Sanitary Sewer Length and Diameter by Lift Station Basin Lift Station Basin 4" 6" 8" 10" 12" NA Sub - Total LS 02 LS 05 LS 07 LS 08 LS 12 Grand Total 39 1,230 39 1,230 7,257 1,738 3,565 813 1,217 14,590 2,695 1,121 1,498 335 802 13,843 1,738 4,702 813 1,217 3,029 1,928 1,498 22,313 Attachment C — Manhole Location and Connection Investigation investigate missing manhoie location and any potential service and/or sanitary sewer connections. 108-16 City Manhole Manhole Investigation City Gravity Main Brevard County Parcels 108-18 SabaI•Ave AA/am/GS Cleaning, Insp and Eval for Rehab Tt # 200BP City of Cape Canaveral -6- 070224 lit TETRATECH Attachment D - Price Proposal LaborP libi Price Proposal 5 Resource GRAVITY SEWER CLEANING, INSPECTION AND EVALUTION FOR REHABILITATION RECOMMENDATIONS — PHASE I Bill Rate > 232.50 164.70 189.41 119.23 97.62 Contract Type: Fixed Price Senior Project Manager / QA/QC Project Manager 1 Sr GIS Application Developer Engineer 2 Project Administration Pricing by Resource Labor Rate Esc. Labor Subs Travel Mat'Is & Equip ODCs Task Pricing Totals Schedule Work Days Off Work Days Total Labor Hrs Project Phases / Tasks From Thru Months 174 32 70 45 18 9 0.00% I 30,517 61,859 400 - 200 92,976 TASK 1- GRAVITY SEWER CLEANING AND CCTV INSPECTION SERVICES 174 32 70 45 18 9 30,517 61,859 400 - 200 92,976 Kick Off Meeting, Data Review and Planning 07/31/24 10/31/24 3.0 7 59 16 4 4 8 3,104 3,104 Subconsultant Services 07/31/24 10/31/24 3.0 7 59 - 61,859 61,859 Project Management 07/31/24 10/31/24 3.0 7 59 24 8 16 4,495 4,495 Pre -inspection Meeting 07/31/24 10/31/24 3.0 7 59 14 4 6 2 2 2,492 200 2,692 Coord with Jurisdictional Authorities 07/31/24 10/31/24 3.0 7 59 12 4 6 2 2,157 2,157 Monthly Progress Meetings 07/31/24 10/31/24 3.0 7 59 11 2 6 3 1,746 1,746 Project Coordination and Status Update 07/31/24 10/31/24 3.0 7 59 39 4 12 3 16 4 5,773 5,773 Field Visits 07/31/24 10/31/24 3.0 7 59 16 4 12 2,906 400 3,306 Web Map / GIS Updates 07/31/24 10/31/24 3.0 7 59 42 2 8 32 7,844 7,844 Totals 07/31/24 10/31/24 3.0 174 32 70 45 18 9 0.00% 30,517 61,859 400 - 200 92,976 Tetra Tech Page 1 of 1 Printed 7/2/2024 Attachment E - APS Proposal A D ATLANTIC P PE SERVICES FLORIDA'S COMMERCIAL PIPELINE CLEANING, INSPECTION AND REHAB SPECIALIST 1420 Martin Luther King Jr Blvd Sanford, FL 32771 (407) 792-1360 info@atlanticpipe.us PROPOSAL 13667 CUSTOMER: TETRA TECH PHONE: 407-844-6114 I DATE: 06/06/2024 STREET: 201 E Pine St. JOB NAME: Cape Canaveral CITY/STATE/ZIP: Orlando, FL, 32801 JOB LOCATION: Columbia Dr, Cape Canaveral, FL, 32920 ATTN: Alex Montalvo E-MAIL:alex.montalvo@tetratech.com QUANTITY DESCRIPTIO ' ATE TOTAL Seq: SEWER 9,445.00 Sewer Light Clean - 4" to 10" LF 1.50 14,167.50 1,711.00 Sewer Light Clean - 12" to 15" LF 2.00 3,422.00 0.00 Sewer Light Clean - 15"+ (If Necessary) LF 2.15 0.00 22,313.00 Sewer CCTV - 4" to 15" LF 1.50 33,469.50 1.00 Water Meter Acquisition EA 800.00 800.00 10.00 Sewer Licensed Disposal EA 1,000.00 10,000.00 TOTAL 61,859.00 ANY UNFORSEEN OR ABNORMAL PIPELINE OR SITE CONDITIONS WILL BE SUBJECT TO RENEGOTIATION WITHOUT PENALTY TO APS D FLORIDA'S COMMERCIAL PIPELINE CLEANING, INSPECTION AND REHAB SPECIALIST ATLANTIC PIPE SERVICES 1420 Martin Luther King Jr Blvd Sanford, FL 32771 (407) 792-1360 info@atlanticpipe.us Atlantic Pipe Services is comitted to providing the same responsiveness, turn around time and quality of work that our valued customers have become accustomed to. APS has invested in technologies that allow us to be more efficient with operations and save on costs, however the extreme volatility within the fuel market is something we cannot control. This additional charge helps APS cover increased costs, as well as maintain the same level of service. We propose to hereby furnish the following; Our proposal includes all labor, material, equipment and workmanship to perform sanitary sewer cleaning and inspections at the above referenced project. Quantities within proposal are estimates. Billing will be based on actual quantities performed. Inspection data deliverable will be provided in a NASSCO compliant PACP inspection database format with video and photo documentation (.mdb database file). A F ATLANTIC PIPE SERVICES FLORIDA'S COMMERCIAL PIPELINE CLEANING, INSPECTION AND REHAB SPECIALIST 1420 Martin Luther King Jr Blvd Sanford, FL 32771 (407) 792-1360 info@atlanticpipe.us x❑ ❑x ❑x ❑ ❑ Heavy Cleaning Rates Heavy Cleaning determined by percentage of debris in pipeline 12" Diameter 25.00% 3" Debris 15" Diameter 25.00% 4" Debris 18" Diameter 20.00% 4" Debris 24" Diameter 20.00% 5" Debris 30" Diameter 20.00% 6" Debris 36" Diameter 20.00% 7" Debris 42" Diameter 15.00% 6" Debris 48" Diameter 15.00% 7" Debris 54" Diameter 10.00% 5" Debris 60" Diameter 10.00% 6" Debris In the event the required cleaning is beyond normal Heavy Cleaning, the cleaning will be performed under an hourly rate. Subject to prior client notification and approval. CUSTOMER RESPONSIBILITIES I. Local Dump -Site for safe disposal of debris / waste material removed from Project Location Local Metered Water Source Exposure of structures and access to all work areas without delay Stabilized Access to Work Areas - Two Wheel Drive Accessible Access to secure site for equipment storage Maintenance of Traffic - If Applicable CUSTOMER RESPONSIBILITIES Delays experienced outside of APS's direct control will be subject to an hourly charge for each unit on site Weekend and Night Work may be subject to increase rates Any unforeseen or abnormal pipe/site conditions will be subject to renogotiation without penalty to APS Payment terms are NET 30 days of invoice date. APS does not agree to "Pay when paid" terms APS Proposals are valid for 30 days from date of submission. PRINT NAME / TITLE SIGNATURE Samantha Hirata DATE 7/ 1 /2024 Acceptance of Proposal : The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to perform the work specified. Payment will be made as outlined. PRINT NAME / TITLE DATE SIGNATURE ATLANTIC PIPE SERVICES, LLC STANDARD TERMS & CONDITIONS OF BUSINESS COMPANY: Atlantic Pipe Services, LLC, a Florida Limited Liability Company, whose address 1420 Martin Luther King Jr. Blvd, Sanford, Florida, 32771 (Hereinafter referred to as "APS") CUSTOMER: Any corporation, company, organization, agent or individual entering into a written agreement with APS for the provision of services or materials or any other business dealing, for which payment is agreed with or becomes due and payable to APS (hereinafter referred to as "Customer") PROPOSAL & QUOTATION: All proposals or quotations provided by APS must be in writing and signed by an authorized representative of the company to be valid and any such proposal or quotation is valid for acceptance within 30 days of the respective proposal date, unless agreed otherwise in writing. PAYMENT TERMS: Payment of all invoices is due within 30 days from the invoice date, unless terms are agreed otherwise, in writing from APS. Any Dispute or query regarding the invoiced amount must be communicated in writing within 10 days (objection period) from the invoice date and customer will be deemed to have accepted the invoice as delivered and all services / work standards relating thereto, unless objected to in writing within the objection period. Customer agrees that no retainage will held for all services performed. REMEDIES FOR NON-PAYMENT: All sums not paid when due will bear interest at the rate of 1.5% per month from due date until paid or the maximum legal rate permitted by law, whichever is less. In the event of legal action being deemed necessary to enforce payment, APS shall be entitled to all costs of collection, including a reasonable attorneys fee. In addition, if the customer fails to make payment to APS as herein provided, then APS may stop work without prejudice to any other remedy it may have. The parties further agree that in the event of any controversy arising between them, then in such event, the State Courts of Seminole County, Florida, shall be the forum in which the parties agree to try and have heard any matters of litigation arising out of such controversies. WARRANTIES: All workmanship and materials are guaranteed against defects in workmanship for a period of one year from the date of substantial completion of the project. This warranty is in lieu of all other warranties, expressed or implied, including any warranties of merchantability of fitness for a particular purpose. APS will not be responsible for damage to its work by other parties or normal wear and tear. Any repair work necessitated by caused damage will be considered as an order for extra work. INDEPENDENT CONTRACTOR: Both APS and the customer agree that APS will act as an independent contractor in the performance of its duties under this contract. Accordingly, APS shall be responsible for payment of all taxes, including Federal, State, and local taxes arising out of APS's activities, including by way of illustration but not limitation, Federal and State income tax, social security tax, Unemployment Insurance taxes, and any other taxes. UNFORESEEN OCCURRENCE: In the event that any unforeseen occurrences or conditions are encountered after the work has commenced and which APS judge, at their sole discretion, to significantly affect or may affect the services, the risk involved in providing the services or there being a material change to the proposed or quoted scope of services, APS may a) Immediately cease work without liability to the customer, or b) renegotiate with customer to change the scope of work with price adjustment or change order, or c) Apply downtime /hourly or day rates until occurrence or condition is resolved to the satisfaction of APS. DOWNTIME/STOPPAGES/ADDITIONAL WORK: In the event that APS is unable to work or encounter stoppages due to circumstances beyond their control or unforeseen circumstances or occurrences, particularly any underground structure problems causing delay or stoppage of work or in the event of any work being required beyond the quoted scope of work, then an hourly or daily rate will be charged, subject to prior customer notification in writing from APS. PROJECT ESTIMATES: APS may from time to time provide written estimates of projected timescale or hours for a particular project at customer request, however, this in no way binds APS to a final timescale for the services to be provided. The actual hours will be determined by specific site requirements and operational demands, which cannot be wholly determined due to the nature of the services provided by APS. CUSTOMER PURCHASE ORDERS: In the event that the customer chooses to issue a purchase order, whether verbal or in writing, such purchase order shall be governed by APS Standard Terms & Conditions of Business as detailed herein and any such client agreement cannot change the payment terms under any circumstances unless specifically agreed to in writing APS and such agreement being authorized and signed by the owner or director of APS. In the event of any inconsistency between the APS terms and conditions as detailed herein and the terms of a service order, the APS terms and conditions shall prevail. In any event, settlement of all APS correctly submitted invoices must be made within 30 days from invoice date, irrespective of customer having received payment from their respective customer. CONTRACT ACCEPTANCE: In the event that the client fails to sign acceptance of an APS proposal or quotation, due to oversight by either or both parties or any other reason and the services are commenced or completed on the clients written or verbal instruction due to emergency, urgency or some other reason, then these terms and conditions will be deemed to have been accepted by the client as if such proposal or quotation had been signed. CUSTOMER RESPOSIBILITIES: The customer will normally provide the following services, at no cost to APS for the duration of the project, unless agreed otherwise in writing by APS, a)Approved dumpsite and disposal for all materials to be removed from site of work, b) Access and exposure of all structures for APS personnel and equipment without delay, c) All temporary site facilities including suitable storage space for equipment, d)Any special permits and/or licenses, without delay, e) Supply and access to all water required for the project with meter if applicable. f)Work areas prepared and accessible, without delay, to enable the services to be provided, g) Authorized representative of the customer at the site of work, at all times services are being performed and with authority to accept the services as completed and / or hours worked and h) Location and exposure of all manholes in the project area. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 20, 2024 AGENDA ITEM SUMMARY • ITEM # 9 Subject: Authorize City Manager to execute continuing services agreements with selected firms for Professional Engineering, Surveying, Planning and Architectural Services as submitted in response to RFQ #2024-01. Department: Capital Projects Summary: To continue to conduct business efficiently and effectively, it is in the City's best interests to have continuing services agreements with a number of professional organizations. Negotiations for these agreements typically include professional fee schedules, costs for routine services, costs for subconsultants, etc. When services are required by the City, Task Orders are issued and costs are calculated in accordance with the agreement. In addition, Florida Statute 287.055, also known as the Consultants Competitive Negotiations Act (CCNA), as well as the City's Purchasing Policy, require competitive selection. Therefore, to comply with these requirements, Request for Qualifications (RFQ) #2024-01 was developed and publicly advertised (Attachment 1). Previous Consulting Services Agreements. The City entered into continuing services agreements with sixteen (16) firms in 2018 in the fields of Professional Engineering, Surveying, Planning and Architectural Services. Each agreement was for a five-year period with options for two additional one-year extensions. These options were approved by the City; therefore, these continuing services agreements expire in July 2025. Examples of utilizing continuing services agreements include the design of several major projects including: (1) The Clarifier Rehabilitation Project, (2) Headworks and filter replacement, and (3) Center Street Pump Station. The City has received quality design products and services at fair costs under these agreements which also eliminates the need for preparation of bid specs, bid advertisements, etc. for every project. Therefore, Staff recommends the City again select qualified firms for continuing services agreements with five-year time periods with options for two additional one-year extensions. Firm Selection Process. A legal advertisement was printed in the Florida Today newspaper on June 13, 2024. The RFQ was also included on the City's web page and on Demandstar (national computer bid system). On July 25, 2024 Statements of Qualifications (SOQs) were received from twenty-two (22) firms. The SOQs were distributed to the Selection Committee and reviewed for each category of services. Many of the firms submitted for multiple categories while others submitted for a single category. The Selection Committee ranked all submissions and compiled composite scoring averages and recommends the City council authorize the City Manager to execute Continuing Services agreements with the top ranked firms (Attachment 2). Submitting Department Director: Tim Carlisle Attachments: 1. Advertisement for RFQ #2024-01 2. Top -Ranked Firms as determined by Selection Committee Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo City of Cape Canaveral City Council Meeting • August 20, 2024 Agenda Item # 9_ Page 2 of 2 The City Manager recommends the City Council take the following actions: Authorize City Manager to execute continuing services agreements with selected firms for Professional Engineering, Surveying, Planning and Architectural Services as submitted in response to RFQ #2024-01. Approved by City Manager: Todd Morley Attachment 1 CITY OF CAPE CANAVERAL REQUEST FOR QUALIFICATIONS (RFQ) CONTINUING SERVICES CONTRACTS FOR PROFESSIONAL ENGINEERING, PLANNING, SURVEYING AND ARCHITECTURAL SERVICES RFQ #2024-01 NOTICE IS HEREBY GIVEN the City of Cape Canaveral invites qualified engineering, planning, surveying and architectural firms to submit a Statement of Qualifications (SOQ) for providing professional engineering, planning, surveying and architectural services. The scope of services required includes, but is not limited to, providing design and professional services for projects such as roadways, drainage, structural, civil/site planning, wastewater, stormwater drainage, sewer, surveying, comprehensive planning, Community Redevelopment Agency (CRA), Brownfields, mixed use, land use and zoning, zoning overlay districts, environmental, permitting, architectural design, space planning, construction management and general project management. Qualified firms with demonstrated expertise in any or all of these fields are invited to submit a SOQ. Instructions for preparing the SOQs may be obtained from the City of Cape Canaveral, City Clerk's Office, 100 Polk Avenue, Cape Canaveral, FL 32920 during normal business hours of 8:30 A.M. until 5:00 P.M. Monday through Friday via e-mail at cityclerk@capecanaveral.gov or by telephone at (321) 868-1220 x207/206. SOQs shall be enclosed within a sealed envelope, with the words "RFQ#2024-01 — CONTINUING SERVICES CONTRACTS FOR PROFESSIONAL ENGINEERING, PLANNING, SURVEYING AND ARCHITECTURAL SERVICES" and the submitting firm's name and address clearly shown on the outside thereof. SOQs must be received no later than the time set forth herein. The City will not be responsible for any lost or late arriving SOQs sent via U.S. Postal Service or other delivery services. Mailed SOQs shall be sent to the attention of the City Clerk, City of Cape Canaveral, 100 Polk Avenue, Cape Canaveral, Florida 32920. SOQs will be accepted until 2:00 p.m. on Thursday, July 25, 2024 at which time they will be publicly opened and recorded in the City Hall First -Floor Conference Room located at 100 Polk Avenue, Cape Canaveral, Florida, 32920. Attachment 2 Top -Ranked as determined by Selection Committee - RFQ #2024-01 Consulting Services Provided Firm Professional Engineering Planning Surveying Architectural Misc. Allen Engineering ✓ ✓ Applied Ecology, Inc. ✓ ✓ AtkinsRealis ✓ ✓ ✓ ✓ ✓ Black& Veath Corporation ✓ ✓ Bowman Consulting Group, LTD. Inc. ✓ ✓ Kimley-Horn & Associates, Inc. ✓ ✓ ✓ ✓ L & S Diversified, LLC ✓ The Lunz Group, LLC ✓ ✓ Mead & Hunt, Inc. ✓ ✓ Ohlson LaVoie Corporation ✓ ✓ Southeastern Surveying and Mapping Corporation ✓ Tetra Tech, Inc. ✓ ✓ Traffic & Mobility Consultants ✓ ✓ ✓ WGI, Inc. ✓ ✓ CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 20, 2024 AGENDA ITEM SUMMARY • ITEM # 10 Subject: Approve Service Agreement with JD's Atlantic Pool Service, LLC in the amount of $58,500 annually, for the Canaveral City Park Splash Pad System Operations and Maintenance Services Contract and authorize the City Manager to execute the same. Department: Parks, Recreation & Community Affairs Summary: Despite certain obvious differences and the absence of the term "Splash Pad" in the legislative verbiage, the State of Florida currently applies the same regulatory and operational requirements to Splash Pads as it does to public Swimming Pools, via Florida Statutes (FS) Chapter 514 and Florida Administrative Code (FAC) Chapter 64E-9. Within these guidelines, there are several sections (attached and summarized below) that regulate the operation of public pools/splash pads. (1) FS 514.031 Permit necessary to operate public swimming pool. (Attachment 1) - Permit required to operate public aquatic facility, with annual renewals/inspections (2) FAC 64E-9.004 Operational Requirements. (Attachment 2) - Water quality standards and proper chemical applications, levels, etc. - What is required, permitted, or prohibited on or near the Splash Pad - Daily testing and record keeping (3) FAC 64E-9.018 Public Pool Service Technician Certification and FS 514.075 (Attachment 3) - "An individual who services a public pool by maintaining the cleanliness, water quality and chemical balance of public pools shall be certified." (4) FS 514.05 Denial, suspension, or revocation of permit; administrative fines (Attachment 4) - Failure to comply with regulations can result in administrative fines or the suspension/revocation of the City's permit to operate a public aquatic facility. Research (2023) When the City opened the Splash Pad in the Spring of 2023, Staff solicited advice and recommendations from municipalities with similar facilities, to find out how they managed the certified maintenance technician requirements. (Attachment 5) In the course of this research, Staff also obtained quotes from three certified pool service vendors (Attachment 6). This due diligence resulted in Staff reaching out to J.D.'s Atlantic Pool Service, LLC., who provided the lowest quote and received recommendations from three different municipalities. This firm currently provides the requisite services for the City's Splash Pad on a month -to -month basis and expressed the interest in entering a 5-year, price -locked, contractual agreement with the City for continued service. Invitation to Bid (2024) Per City Code Sec. 2-218, entering a contractual agreement for this service necessitated the issuance of a competitive Invitation to Bid (ITB). In May 2024, the City solicited sealed bids from qualified, professional firms to perform operations and maintenance services for the City's Splash Pad. This Contractor would be responsible for performing daily maintenance services that include: providing labor, parts/materials, chemical delivery, equipment, and performing the supervision/testing City of Cape Canaveral City Council Meeting • August 20, 2024 Agenda Item # 10 Page 2 of 2 necessary to maintain all components and ensure safe operations of the splash pad according to the Water Splash Maintenance Equipment Manual and all Federal, State and Local regulations. Two (2) contractors submitted sealed bids for the Project, which were opened at City Hall on June 20, 2024. (Attachment 7) Upon review of the submitted bids, Staff recommends awarding the bid to JD's Atlantic Pool Service, LLC with the lowest responsible bid amount, as itemized below: Services Provided Cost Expense Frequency Monthly billed maintenance includes: Water quality testing 7-days a week Weekly chemical/equipment service $4,875 Monthly ($58,500/annually) Sand filter replacement (2 each @ $1200) $2,400 Every 5 years (due 2028) Additional hourly service rate for callouts, if needed $125 Additional callouts beyond the 5 included in contract. The proposed Service Agreement with JD's Atlantic Pool Service, LLC is included (Attachment 8). Submitting Department Director: Molly A. Thomas Attachments: 1. FS 514.031 Permit necessary to operate public swimming pool. 2. FAC 64E-9.004 Operational Requirements 3. FAC 64E-9.018 Public Pool Service Technician Certification and FS 514.075 4. FS 514.05 Denial, suspension, or revocation of permit; administrative fines 5. Staff Research - Municipal Pool + Splash Pad Service Arrangements for various municipalities 6. 2023 Pool Service Vendor Quotes 7. Minutes from the Splash Pad Maintenance Services ITB Opening 8. Service Agreement for Splash Pad Maintenance Financial Impact: Annual expenditure of $58,500, with an additional cost of $2,400 once every five (5) years, for Splash Pad Maintenance Services to J.D.'s Atlantic Pool Service, LLC funded by the General Fund; Staff time and effort to execute the competitive bidding process and prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following actions: Approve Service Agreement with JD's Atlantic Pool Service, LLC in the amount of $58,500 annually, for the Canaveral City Park Splash Pad System Operations and Maintenance Services Contract and authorize the City Manager to execute the same. Approved by City Manager: Todd Morley Attachment 1 Select Year: 2024 v The 2024 Florida Statutes Go Title XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS Chapter 514 PUBLIC SWIMMING AND BATHING FACILITIES View Entire Chapter 514.031 Permit necessary to operate public swimming pool.— (1) It is unlawful for any person or public body to operate or continue to operate any public swimming pool without a valid permit from the department, such permit to be obtained in the following manner: (a) Any person or public body desiring to operate any public swimming pool shall file an application for an operating permit with the department, on application forms provided by the department, and shall accompany such application with: 1. A description of the structure, its appurtenances, and its operation. 2. A description of the source or sources of water supply, and the amount and quality of water available and intended to be used. 3. The method and manner of water purification, treatment, disinfection, and heating. 4. The safety equipment and standards to be used. 5. A copy of the final inspection from the local enforcement agency as defined in s. 553.71. 6. Any other pertinent information deemed necessary by the department. (b) The applicant shall respond to a request for additional information due to an incomplete application for an operating permit pursuant to s. 120.60. Upon receipt of an application, whether complete or incomplete, as required in s. 514.03 and as set forth under this section, the department shall review and provide to the local enforcement agency and the applicant any comment or proposed modifications on the information received pursuant to subparagraphs (a)1.-6. (c) If the department determines that the public swimming pool is or may reasonably be expected to be operated in compliance with this chapter and the rules adopted hereunder, the department shall grant the application for permit. (d) If the department determines that the public swimming pool does not meet the provisions outlined in this chapter or the rules adopted hereunder, the department shall deny the application for a permit pursuant to the provisions of chapter 120. Such denial shall be in writing and shall list the circumstances for the denial. Upon correction of such circumstances, an applicant previously denied permission to operate a public swimming pool or bathing place may reapply for a permit. (2) Operating permits shall not be required for coastal or intracoastal beaches. (3) Operating permits may be transferred from one name or owner to another. When the ownership or name of an existing public swimming pool is changed and such establishment is operating at the time of the change with a valid permit from the department, the new owner of the establishment shall apply to the department, upon forms provided by the department, within 30 days after such a change. (4) Each such operating permit shall be renewed annually and the permit must be posted in a conspicuous place. (5) An owner or operator of a public swimming pool, including, but not limited to, a spa, wading, or special purpose pool, to which admittance is obtained by membership for a fee shall post in a prominent location within the facility the most recent pool inspection report issued by the department pertaining to the health and safety conditions of such facility. The report shall be legible and readily accessible to members or potential members. The department shall adopt rules to enforce this subsection. A portable pool may not be used as a public pool unless it is exempt under s. 514.0115. History.—s. 7, ch. 78-356; s. 2, ch. 81-318; ss. 5, 13, 14, ch. 85-173; s. 4, ch. 91-429; s. 48, ch. 98-151; s. 49, ch. 2000-154; s. 4, ch. 2000-309; s. 108, ch. 2012-184; s. 15, ch. 2014-154; s. 13, ch. 2016-129. Copyright © 1995-2024 The Florida Legislature • Privacy Statement • Contact Us Attachment 2 64E-9.004 Operational Requirements. (1) Water Quality — The water supply for all pools shall be an approved potable water system or shall meet the requirements for potable water systems by the submission from the operator of annual bacteriological and chemical laboratory reports to the county health department. Salt water sources are exempt from the potable water chemical standards except for iron and color requirements. (a) Cross -connection prevention — To safeguard water quality, devices or systems shall be operational and maintained in their original functional condition. (b) Bacteriological quality — The pool water shall be free of coliform bacteria contamination. (c) Clarity — The pool water shall be 0.5 or less NTU and the main drain grate must be readily visible from the pool deck. (d) Chemical quality — Chemicals used in controlling the quality of the pool water shall be tested and approved using the NSF/ANSI/CAN Standard 60-2021, Drinking Water Treatment Chemicals -Health Effects, April 16, 2021, or Chapter 27 of NSF/ANSI/CAN Standard 50-2020, Equipment and Chemicals for Swimming Pools, Spas, Hot Tubs, and Other Recreational Water Facilities, October 21, 2020, and shall be compatible with other accepted chemicals used in pools. NSF/ANSI/CAN Standard 60-2021 and Chapter 27 of NSF/ANSI/CAN Standard 50-2020 are incorporated by reference, have been deemed copyright protected, and are available for inspection at the Department of Health, Bureau of Environmental Health, 4025 Esplanade Way, Tallahassee, Florida 32311 or at the Department of State, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250. The following parameters shall be adhered to for pool water treatment: 1. pH — 7.0 to 7.8. 2. Disinfection — Free chlorine residual shall be as follows: 1 milligram per liter (mg/L) to a maximum of 10.0 mg/L, inclusive, in conventional swimming pools; 2 mg/L to 10.0 mg/L, inclusive, in all other type pools such as swim -up bars, wading pools, special purpose pools, water recreation attraction pools, and interactive water fountains; and 2 mg/L to 5 mg/L, inclusive, in spa -type pools; or available bromine residual shall be 1.5 mg/L to 6 mg/L, inclusive, in conventional swimming pools and 3 mg/L to 6 mg/L, inclusive, in all other type pools. Except that, for indoor conventional swimming pools, the maximum disinfectant residuals shall be 5 mg/L free chlorine and 6 mg/L free bromine. 3. When oxidation-reduction potential (ORP) controllers are required, the water potential shall be kept between 700 and 850 millivolts. Use of these units does not negate the manual daily testing requirement of subsection 64E-9.004(10), F.A.C. 4. Cyanuric acid — 100 mg/L maximum in pools, with 40 mg/L as the recommended maximum, and 40 mg/L maximum in spa pools. 5. Quaternary ammonium — 5 mg/L maximum. 6. Copper — 1 mg/L maximum 7. Silver — 0.1 mg/L maximum. (e) Landscape irrigation water that wets the wet deck area of the pool, the pool itself, enters the collector tank, or wets an interactive water feature must be potable water from a public water system or shall meet the bacteriological quality of potable water as evidenced by annual laboratory analysis submitted to the department. Reclaimed water may not be used in these areas. If reclaimed water is used in the vicinity of the pool (inside of the pool fence or within 100 feet of the pool water's edge) it must employ drip irrigation or soaker hoses. Signs shall be posted notifying pool patrons that reclaimed water is in use, and is not to be consumed. (2) Manual addition of chemicals will be allowed under special conditions and requires that the pool be closed prior to addition and for at least 1 hour period after addition or a longer period as necessary for sufficient and safe distribution of the chemical. After treatment for breakpoint chlorination and algae prevention, use of the pool or spa can be resumed when the free chlorine levels drop to 10.0 mg/L, or less. (3) Cleanliness — The pool and pool deck shall be kept free from sediment, floating debris, visible dirt and algae. Pools shall be refinished when the pool surfaces cannot be maintained in a safe and sanitary condition. (4) Food, beverages, glass containers, and animals are regulated as follows: (a) Food and beverages are prohibited in the pool and on the wet deck area, except: 1. Commercially bottled water in plastic bottles is allowed on the pool wet deck for pool patron hydration. 2. Food and beverages served in accordance with subsection (5) below. (b) All glass containers and products are prohibited in the fenced pool area or within 50 feet of an unfenced pool, except: Glass bottles of liquor used only by bartenders in a permitted swim -up bar. (c) Animals, other than service animals, are prohibited in the fenced pool area or within 50 feet of an unfenced pool. However, individuals with a disability and service animal trainers may be accompanied by a service animal, as defined in Section 413.08, F.S., but the service animal is not allowed to enter the pool water or onto the drained area of an interactive water feature (IWF) in order to prevent a direct threat to the health of pool patrons. (5) Swim -up bars are permitted as provided in this subsection. A "swim -up bar" means a public swimming pool used for the consumption of food or beverage by people and may include a permanent bar or counter within the pool area from which food and beverage are served to people in the pool. Swim -up bars must meet with the following criteria: (a) Swim -up bars are only permitted at transient public lodging establishments licensed under Section 509.013(4)(a)1., F.S., or at a theme park or entertainment complex as defined in Section 509.013(9), F.S. (b) Food and beverages are allowed on the wet deck area and in the pool, as follows: 1. All food and beverages must be provided to patrons in containers that are not made of glass or other vitreous materials, that if broken could result in patron injury. 2. Food products must be provided to patrons in spill -resistant clam -shell type containers. 3. Bartenders or attendants must remove and dispose of all metal tabs, lids, and caps that are used to seal manufactured beverage containers before providing the beverage to the patron. (c) A smooth, easily cleanable poolside surface must be provided for patrons to place their food and beverage containers upon. (d) Signage must be posted to inform patrons that the public swimming pool has a swim -up bar that provides food and beverages, that spillages should be reported to staff for rapid cleanup, and that consumption of alcoholic beverages may cause drowsiness. (e) Swim -up bar water quality shall be enhanced by providing a recirculation system with a maximum time of two (2) hours for turnover of the entire pool water volume. (f) Swim -up bar water quality shall be continuously sustained in accordance with subparagraphs (1)(d)1.-3. above through the use of an automated controller with chemical sensing probes for disinfection and pH control. (g) The maximum depth of the swim -up bar must be no more than 54 inches. (6) The pool recirculation system must be operated at all times when the pool is open for use. The recirculation system may be shut off three hours after the pool closes but must resume operation three hours before opening the pool. Shut down time must be controlled by a time clock. When a variable speed pump is used, the recirculation system shall be operated such that it achieves the equivalent of 6 hours of treatment at 100% design flowrate during the daily closed period, or at least one complete water volume turnover, whichever is greater. Exception: vacuum DE systems are excluded from this allowance. (7) The pool water level must be maintained at an elevation suitable for continuous skimming without flooding during periods of non-use. (8) When use of a public swimming pool requires an admission or a membership fee, the most recent pool inspection report shall be posted in plain view of existing and potential members and patrons. (9) Footbaths are prohibited. (10) Test kits are required to be on the premises of all pools to determine free active chlorine and total chlorine using N, N- Diethyl-p-Phenylenediamine (DPD), or available bromine level, total alkalinity, calcium hardness, and pH. NSF/ANSI/CAN Standard 50-2020 level 1 accuracy -certified water quality test devices/kits or specific laboratory analysis methods identified by the chemical product manufacturer must be available to determine the concentration in pool water of all NSF/ANSI/CAN Standard 60-2021 approved chemicals that are fed or added to a public pool, or the chemical cannot be used. NSF/ANSI/CAN Standard 50-2020, Equipment and Chemicals for Swimming Pools, Spas, Hot Tubs and Other Recreational Water Facilities, October 21, 2020, is hereby incorporated by reference, has been deemed copyright protected, and is available for review at the Department of Health, Bureau of Environmental Health, 4025 Esplanade Way, Tallahassee, Florida 32311 or at the Department of State, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250. (a) If the following chemicals are fed or added to the pool water, then test kits for the specific chemical must be used: cyanuric acid, sodium chloride, quaternary ammonium, ozone and copper. (b) When silver is added as a supplemental disinfectant, a water analysis must be done every six months and be submitted to the department upon request. (c) A test kit may be used for multiple pools, provided the pools have common ownership and they are located on contiguous property. (d) The test kit shall be capable of measuring the level of disinfectant in the normal operating range. (11) The keeping of a daily record of information regarding pool operation, using form DH 921, Monthly Swimming Pool Report, 3/98, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06896, shall be the responsibility of the pool owner or operator. Customized report forms may be substituted provided they contain the appropriate information and are made available to the department. The completed report shall reflect manually conducted pool water tests for pH and disinfectant levels at least once every 24 hours, and weekly testing for cyanuric acid when chlorinated isocyanurates are used at spas and pools, and shall be retained at the pool and made available to the department upon request. Any able person can test the pool water and record it in the report. (12) Should a human fecal incident occur, the pool operator or owner shall comply with all recommendations found in the Centers for Disease Control and Prevention's (CDC) "Fecal Incident Response Recommendations for Aquatic Staff' dated June 22, 2018, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-15364. Alternative emergency disinfection methods developed by industry, or by the application of new disinfection technology, or by the use of chemical disinfectants that are effective, safe, and appropriate for public bathing facilities, and are approved by the CDC, may also be used. RulemakingAuthority 381.006, 514.021 FS. Law Implemented 381.006, 514.021, 514.031 FS. History —New 10-5-93, Formerly 1OD-5.133, Amended 12-27-98, 5-27-04, 5-24-09, 7-20-16, 6-11-23. Attachment 3 64E-9.018 Public Pool Service Technician Certification. An individual who services a public pool by maintaining the cleanliness, water quality and chemical balance of public pools shall be certified. To be certified an individual must demonstrate knowledge of public pools. Examples of such knowledge include: pool cleaning, general pool maintenance, make-up water supply, bacteriological, chemical and physical quality of water and water purification, testing, treatment, and disinfection procedures. To ensure that the pool technicians are knowledgeable, said technician shall attend a training course of national recognition that is approved by the department of at least 16 hours in length and shall pass a test acceptable to the department. Certification is conferred upon an individual and is nontransferable. Certification does not imply any licensure and specifically not that of contractor as regulated by the Department of Business and Professional Regulation under Section 489.105(3)(j), (k), or (1), F.S. A certified pool technician may not affect the structural integrity of the pool or equipment, and shall not delegate work to others, including employees, that are not themselves certified under this section, or otherwise exempt from this provision per Chapter 514, F.S. (1) Training shall include the following study topics for the hours indicated: (a) Swimming pool calculations 1 hour; (b) Filter type and filtration circulation 4 hours; (c) Water chemistry — balancing & testing 5 hours; (d) Spas and warm water pools 1 hour; (e) Pool and spa maintenance 2 hours; (f) Operational and safety requirements 2 hours; and, (g) State health code Chapter 64E-9, F.A.C., 1 hour. (2) Course materials must be provided that cover the required topics in detail. The course approval shall be contingent upon their meeting the items listed in subsection (1), above, and the subjects listed in Section 514.075, F.S. The test approval shall be contingent upon all of the questions being related to the subject areas listed in subsection (1), above, and the subjects listed in Section 514.075, F.S., with at least 10% of the questions from the subject areas in paragraphs (1)(a) through (f), above, and the remaining 40% covering any of the seven pool subject areas listed in this rule or Section 514.075, F.S. The minimum passing score for the test shall be no less than 70% correct for all questions. There shall be a minimum of 50 questions. (3) Any individual or organization requesting the depaitinent to review their courses for compliance with the requirements of this rule, must submit copies of their training materials to the department prior to providing that training within the state. A copy of the test to be given, answers to the test questions, and a statement indicating the length of time a classroom topic will be conducted shall be included. The department shall review the materials and inform the applicant of its findings within 60 days from receipt of all training materials. (4) The department shall deem certified any individual who has been proven certified by a course of national recognition. (5) This requirement does not apply to a person or the direct employee of a person permitted as a public pool operator under Section 514.031, F.S. Further, persons licensed under Section 489.105(3)(j), (k), or (1), F.S., shall be deemed certified. (6) Proof of certification shall be posted conspicuously in the equipment room of each pool serviced or must otherwise be available for inspection by the department. (7) Any reference to department approval shall state no more than: "This course is approved by the Florida Department of Health for student certification as a Public Pool Service Technician under Chapter 514, F.S., and Chapter 64E-9, F.A.C." Rulemaking Authority 381.006, 514.021, 514.075 FS. Law Implemented 514.025, 514.075 FS. History —New 9-25-97, Amended 5-27-04, 5-24-09. Select Year: 2024 v The 2024 Florida Statutes Go Title XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS Chapter 514 PUBLIC SWIMMING AND BATHING FACILITIES View Entire Chapter 514.075 Public pool service technician; certification. —The department may require that a public pool, as defined in s. 514.011, be serviced by a person certified as a pool service technician. To be certified, an individual must demonstrate knowledge of public pools which includes, but is not limited to: pool cleaning; general pool maintenance; source of the water supply; bacteriological, chemical, and physical quality of water; and water purification, testing, treatment, and disinfection procedures. The department may, by rule, establish the requirement for the certification course and course approval. The department shall deem certified any individual who is certified by a course of national recognition or any person licensed under s. 489.105(3)(j), (k), or (l). This requirement does not apply to a person, or the direct employee of a person, permitted as a public pool operator under s. 514.031. History.—s. 19, ch. 96-298; s. 73, ch. 96-388. Copyright © 1995-2024 The Florida Legislature • Privacy Statement • Contact Us Attachment 4 Select Year: 2024 v The 2024 Florida Statutes Go Title XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS Chapter 514 PUBLIC SWIMMING AND BATHING FACILITIES View Entire Chapter 514.05 Denial, suspension, or revocation of permit; administrative fines.— (1) The department may deny an application for a permit, suspend or revoke a permit issued to any person or public body, or impose an administrative fine upon the failure of such person or public body to comply with the provisions of this chapter or the rules adopted hereunder. (2) The department may impose an administrative fine, which shall not exceed $500 for each violation, for the violation of this chapter or the rules adopted hereunder and for the violation of any of the provisions of chapter 386. Notice of intent to impose such fine shall be given by the department to the alleged violator. Each day that a violation continues may constitute a separate violation. (3) In determining the amount of fine to be imposed, if any, for a violation, the following factors shall be considered: (a) The gravity of the violation and the extent to which the provisions of the applicable statutes or rules were violated. (b) Actions taken by the operator to correct violations. (c) Any previous violations. (4) All amounts collected pursuant to this section shall be deposited into the Grants and Donations Trust Fund or into the County Health Department Trust Fund, whichever is applicable. (5) Under conditions specified by rule, the department may close a public pool that is not in compliance with this chapter or the rules adopted under this chapter. History.—s. 4, ch. 7825, 1919; CGL 3771; ss. 19, 35, ch. 69-106; s. 3, ch. 76-168; s. 449, ch. 77-147; s. 1, ch. 77-457; ss. 4, 9, ch. 78-356; s. 2, ch. 81-318; ss. 9, 13, 14, ch. 85-173; s. 4, ch. 91-429; s. 153, ch. 97-101; s. 50, ch. 98-151; s. 110, ch. 2012-184. Copyright © 1995-2024 The Florida Legislature • Privacy Statement • Contact Us Attachment 5 STAFF RESEARCH: MUNCIPAL POOL + SPLASH PAD SERVICE ARRANGEMENTS Facility Type Basic Facility Maintenance Chemical + Equipment Servicing Splash Pad Down Days Bithlo: Community Park Splash Pad In -House Contractor —10 days Cocoa Village: Riverfront Fountain Splash Pad In -House Contractor —10 days Cocoa Beach Aquatic Center Pool + In -House Contractor n/a Edgewater: Whistle Stop Park Splash Pad In -House Contractor <7 days Melbourne: Fee Avenue Park Pool In -House Contractor n/a Rockledge: McCarty Park Pool In -House Contractor n/a New Smyrna Beach: Babe James Splash Pad In -House Contractor <7 days Palm Bay Aquatic Center Pool + In -House Contractor n/a Titusville: Sand Point Park Splash Pad In -House Contractor <7 days Melbourne: Sherwood Park Pool In -House Contractor n/a June 9, 2023 John Mayberry Deputy Director, PRCA + Projects & Parks City of Cape Canaveral (321) 868-1226 7300 N. Atlantic Ave. P.O. Box 326 Cape Canaveral, FL 32920 Dear Mr. Mayberry, Please accept this letter as a recommendation for JD's Atlantic Pools. The City of Edgewater has been in contract with JD's Atlantic Pools since June 18, 2019. The City has extended his contract via addendum as per the contract each year. The original contract is attached, which includes the list of tasks and services provided. The Volusia County Health Department has inspected the splash pad regularly, the city has never had a health department report of any issues. JD's Atlantic Pools took the care and time to learn the system and fine-tune the chemicals and sand filtration system so that when there are big crowds, the water quality is maintained. JD is very particular with the balance of the water quality chemicals that maintain water quality without risking the overuse chemicals; this results in less wear and tear on the internal mechanisms of the system. JD is very pro -active with maintenance, thus less opportunities for any long-term down time. I hope this helps with your contract. Best Regards, S 8er arti Samantha Bergeron Director, Parks & Recreation Parks & Recreation Department City of Edgewater P.O. Box 100 Edgewater, FL 32132 386-424-2400 ext. 7204 parks@cityofedgewater.org June 1, 2023 John Mayberry City of Cape Canaveral City of Cape Canaveral: The City of New Smyrna Beach Leisure Services Department has been using JD's Atlantic Pool Service for our Splash Pad at the Babe James Community Center for over 3 years. Last year we also added a fountain at our Live Oak Cultural Center to his list of duties. J.D.'s work ethic and attention to detail is definitely worth mentioning. He worries about the properties that he services like they are his own. If something does happen that needs repair, he lets us know right away. He finds the solution and works with the vendor to get things taken care of. Last year the water in our splash pad was very warm, 105 degrees and higher. He worked to find a solution and then a vendor. We were able to install a chiller/heater in and now everything works great. We have never had any issues with the health department inspections as to the chemical levels needed for the splash pad to be open. I have no problem recommending J.D. to any city who is contemplating hiring him for the daily maintenance of a splash pad or fountain. I am confident that you will not be disappointed in your decision. If you have any questions or need anything, please feel free to reach out to me. Regards, /afrfa YA,ekofr Leisure Services Assistant Director, 210 Sams Ave City of New Smyrna Beach, FL 32168 386-410-2890 kshelton@cityofnsb.com 555 S. WASHINGTON AVENUE TITUSVILLE, FLORIDA 32796 June 5, 2023 John Mayberry Deputy Director, PRCA + Projects & Parks City of Cape Canaveral Subject: Reference for JD's Atlantic Pool Service, LLC PUBLIC WORKS DEPARTMENT (321)-567-3846 Fax (321)-383-5705 www.titusville.com The City of Titusville has been under contract with JD's Atlantic Pool Service, LLC for maintenance of our Splash Pad located at Sand Point Park since December 2021. Since JD's took over the maintenance our staff time handling the splash pad has decreased significantly. JD's is extremely knowledgeable about the how the splash pad works and always brings forward a solution when there is a problem. Within the first month of starting to work on our splash pad he figured out a problem that we had been dealing with since the splash pad was constructed and the problem has not returned. His care and level of detail are exceptional, we have never had to bring an issue to him, he is always the first to find it and when the pad does need to be shut down due to a part, he goes out of his way to find it so he can get the pad up and running again as soon as possible. He works closely with the Department of Health when there is an inspection and is always very quick to respond when we need him I highly recommend JD's Atlantic Pool Service, LLC for any splash pad maintenance that Cape Canaveral has. Thank you, Sandra Reller Public Works Operations Director City of Titusville Attachment 6 JD's Atlantic Pools LLC. ATLANTIC POOL SERVICE, LLC VA" V- 00/, 0i1-5-7a-20 0 Prepared For John Mayberry City of Cape Canaveral Estimate Number 0000276 Description Monthly Service 7 day JD'S ATLANTIC POOL SERVICE, LLC 204 Kirkland Rd. New Smyrna Beach, FL 32169 PHONE (386) 235-4658 EMAIL : JD@JDSATLANTICPOOLS.COM FULL SERVICE POOL MAINTENANCE PROPOSAL FOR JD's Atlantic Pool Service, LLC, specializes in servicing commercial swimming pools in and around east Volusia County. The mission of our company is to provide solid, long lasting business relationships with our clients. We accomplish this by furnishing dependable, high quality pool cleaning service in an honest and professional manner. Our clients are among the most luxurious properties in the area and include hotels, subdivisions, condominiums, time shares, HOA's, clubs, daycare facili- ties, hospitals, indoor pools, spas, and other public swimming pools. We understand that each commercial pool is unique, and we have de- veloped a service plan to meet your specific needs. C.P.O.® and A.F.O. certified, we are committed to preventative maintenance and increasing the efficiency of your system thereby reducing long term expenses. Fully licensed and insured, JD's is prepared to meet all of your pool service demands. We propose to provide Full service pool maintenance for your facility. This will include: • Brushing walls, ledges, and steps, emptying skimmer baskets, skim- ming the surface for debris, cleaning tile, vacuuming the bottom using our highly powerful Hammerhead® vacuum system, and cleaning and maintaining your filter. • We will provide the chemicals needed to test and balance the water Rate Qty Line Total $4,250.00 1 $4,250.00 chemistry including pH, alkalinity, chlorine and stabilizer to produce a safe and healthy pool that meets or surpasses Volusia County Dept of Health requirements. • Maintaining accurate records as required by law. • Monitoring your pumps, gauges, heaters, chemical feeders, tanks etc and communicating any and all problems with management. Chemicals included are 1. Chlorine 2. Sulfuric Acid 3. Sodium Bicarbonate Algaecides, metal sequestering agents, enzymes, clarifiers, phosphate reducer, de-foamer are provided at an extra cost. We will provide dependable service making sure your pool stays an as- set to your property. You will reap the benefits of having a full service pool company keeping your pool swim ready year round. We are pas- sionate about providing quality service at a fair and honest price. It is my goal as owner and operator to show you what a solid pool service can do for you. Full service, 7 days per week code compliant service. JD Schofield Manager Subtotal Tax Estimate Total (USD) 4,250.00 0.00 $4,250.00 8/7/24, 10:26 AM FW: Space Coast Pools Splash Pad Maintenance Quote (Monthly) - Molly Thomas - Outlook FW: Space Coast Pools Splash Pad Maintenance Quote (Monthly) Molly Thomas <M.Thomas@capecanaveral.gov> Tue 8/6/2024 11:59 AM To:Molly Thomas <M.Thomas@capecanaveral.gov> From: Spac- ' •ast Pools, LL essenger@messaging.squareup.com> Sent: Tues•:y, April 25, 2023 10 :9 PM To: John Ma . - r <jmayb- cityofcapecanaveral.org> Subject: Your estimate was updated (#1206) 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@cityofcapecanaveral.org spittollisr Space Coast Pools, LLC Estimate Updated $4,500.00 Esti mate View Estimate about:blank?windowld=SecondaryReadingPanel 1/3 8/7/24, 10:26 AM FW: Space Coast Pools Splash Pad Maintenance Quote (Monthly) - Molly Thomas - Outlook Estimate #1206 updated April 25, 2023 Customer Cape Canaveral Splash Pad j.mayberry@cityofcapecanaveral.org 321-307-0109 7920 Orange Ave Cape Canaveral , Florida 32920 Message Please mail check payments to Space Coast Pools, LLC 1516 Bermuda Ave. Merritt Island, FI. 32952 Monthly Splash Pad Service 6 Visits Per Week Water Treatment, Testing, PH Balance, to Clean Spray Heads, Back Washes, Pad Sanitation Service calls are $150 to diagnose problems. Broken equipment repairs must be approved and are additional $4,500.00 Subtotal $4,500.00 Total $4,500.00 Space Coast Pools, LLC SCPools321@gmail.com 321-307-5444 Please contact Space Coast Pools, LLC about its privacy practices. 0 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 about:blank?windowld=SecondaryReadingPanel 2/3 8/7/24, 10:26 AM FW: Space Coast Pools Splash Pad Maintenance Quote (Monthly) - Molly Thomas - Outlook 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. about:blank?windowld=SecondaryReadingPanel 3/3 Luke Gell Pools-CPC1459211 P.O. BOX 580 SHARPES, FL 32959 US +1 3218904676 info@lukegellpools.com Estimate ADDRESS City of Cape Canaveral 7920 Orange Ave Cape Canaveral, FL 32920 ESTIMATE # 761 DATE ACTIVITY` DESCRIPTION COMm-CLEAN Commercial Splash Pad Cleaning- 7 day a week service. Includes supplying chemicals, cleaning filters, and adjusting chemical feeders. QTY RATE 1 7,250.00 AMOUNT 7,250.00 $7,250.00 Attachment 7 CITY OF CAPE CANAVERAL Request for Bids — Bid Opening City Park Splash Pad System 0 & M Services BID #2023-09 City of Cape Canaveral City Hall First Floor Conference Room 100 Polk Avenue Cape Canaveral, Florida 32920 MINUTES Thursday June 20, 2024 2:05 p.m. CALL TO ORDER: Capital Projects Director Tim Carlisle called the Meeting to order at 2:05 p.m. Others present: Laura Cullifer, Capital Improvements Coordinator Molly Thomas, Parks, Recreation + Community Affairs Director John Mayberry, Parks, Recreation + Community Affairs Projects & Parks Daniel LeFever, Deputy City Clerk Mr. Carlisle proceeded to open the bids received and announced the results: BID #2023-09 — CITY PARK SPLASH PAD SYSTEM 0 & M SERVICES Firm USA Pools of Florida JD's Atlantic Pool Service, LLC Location Bid Amount Orlando, FL $116,589.00 New Smyrna Beach, FL $61,025.00 Mr. Carlisle adjourned the meeting at 2:14 p.m. Daniel LeFever, Deputy City Clerk Attachment 8 SERVICE AGREEMENT For Splash Pad Operation & Maintenance (JD's Atlantic Pool Service, LLC) THIS AGREEMENT ("Agreement") is made this day of 2024, by and between the CITY OF CAPE CANAVERAL, located at 100 Polk Avenue, Cape Canaveral, Florida 32920 ("City") and JD'S ATLANTIC POOL SERVICE, LLC, a Florida Limited Liability Company with its principal place of business located at 204 Kirkland Road, New Smyrna Beach, Florida 32169 ("Service Provider" or "Contractor"). RECITALS: WHEREAS, City is a municipal corporation existing under the laws of the State of Florida and, in the conduct of business, desires to obtain all materials, service, equipment, and labor for maintaining the splash pad located at Canaveral City Park, 7920 Orange Avenue, Cape Canaveral, Florida 32920; and WHEREAS, Service Provider is an active limited liability company incorporated in the state of Florida, duly licensed and existing under the laws of the State of Florida, experienced in the foregoing, and agrees to perform these services for the City under the terms and conditions set forth in this Agreement; and WHEREAS, Service Provider and City are hereby bound by the terms and conditions of this Agreement. City and Service Provider are hereby further bound by the terms of: the Scope of Services (Exhibit "A"), which is attached hereto and incorporated herein by this reference; the City's Invitation to Bidders #2023-09 ("ITB"), which is incorporated herein by this reference; and the Service Provider's Response to the City's Invitation to Bidders #2023-09 ("Response"), which is incorporated herein by this reference; and WHEREAS, the City of Cape Canaveral deems the services being provided by this Agreement serve a public purpose and are in the best interests of the public health, safety, welfare, convenience, and morals of the citizens of Cape Canaveral. NOW THEREFORE, in consideration of the mutual promises set forth in this Agreement, it is agreed by and between City and Service Provider as follows: SECTION ONE NATURE OF WORK Service Provider will provide services related to operation and maintenance of the splash pad at Canaveral City Park. as are described in Exhibit "A," attached hereto and incorporated herein by Service Agreement for Splash Pad Maintenance City of Cape Canaveral —JD's Atlantic Pool Service, LLC Page 1 of 20 this reference, generally referred to as "Services" herein. Unless otherwise provided herein, Service Provider shall furnish all tools, equipment, and manpower to complete the work required by this Agreement. The Service Provider warrants that it holds any and all necessary licenses required to conduct the work required by this Agreement and agrees to maintain said licenses in good standing during the term of this Agreement, including a City of Cape Canaveral Business Tax Receipt (unless Service Provider is otherwise exempt from the payment of the City's business taxes). Service Provider shall immediately notify City in the event of a loss, suspension, or termination of any license required to perform the Services set forth in this Agreement. Service Provider acknowledges that it has performed due diligence investigation prior to the execution of this Agreement and has satisfied itself as to the conditions affecting the Services to be provided including but not limited to, the availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance as set forth herein, and the steps necessary to complete the Services within the time set forth herein. Service Provider warrants unto the City that it has the competence and abilities to carefully and faithfully complete the Services within the time set forth herein. Service Provider will perform its Services with due and reasonable diligence consistent with sound professional practices. Service Provider shall ensure compliance with all applicable safety standards and with all federal, state, and local regulations related to the Services. SECTION TWO PLACE OF WORK Service Provider agrees to come to the City's Canaveral City Park, or such other locations as reasonably designated by the City, to perform the Services as necessary. The address Canaveral City Park and other such places designated by the City for service are provided in Exhibit "A," and are incorporated herein by reference. Service Provider shall be responsible for coordinating access to the location where Services will be performed and for coordinating all necessary meeting, set-up, staging, or workstation space with City's representative. Service Provider shall additionally follow all security protocols deemed necessary by the City as determined by the City's sole discretion. As part of the Services, Service Provider will be responsible for safekeeping all keys, access codes, combinations, access cards, personal identification numbers, passwords, and similar security codes and identifiers issued to Service Provider's employees, agents, or subcontractors, as applicable. Service Provider agrees to require its employees to promptly report a lost or stolen access device or information. City or its affiliates shall at all times have the right to review or observe the Services performed by Service Provider. No inspection, review, or observation shall relieve Service Provider of its responsibility under this Agreement. SECTION THREE TIME DEVOTED TO WORK In the performance of Services, the services and number of hours Service Provider is to work on any given day will be entirely within Service Provider's control and professional judgment, and City will rely upon Service Provider to exercise sound professional judgment and to devote such Service Agreement for Splash Pad Maintenance City of Cape Canaveral —JD's Atlantic Pool Service, LLC Page 2 of 20 time, as is reasonably necessary, to fulfill the intent and purpose of this Agreement. All work furnished by Service Provider hereunder shall conform to all applicable high quality professional standards of diligence, care, and practice which are in effect at the time the work is performed. Service Provider shall complete all of said Services in a timely manner and will keep City apprised of the status of work as reasonably requested by the City. Should Service Provider fall behind on an established schedule, it shall employ such resources as necessary to adhere to the schedule. No extension for completion of Services shall be granted to Service Provider without City's prior written consent. Time is of the essence in the performance of this Agreement and any Purchase Order hereunder. SECTION FOUR TERM The Term shall commence upon the parties' execution of the Agreement ("Effective Date"). The initial term of this Agreement shall be for five (5) years with the option to extend the Agreement for additional renewal terms of one (1) year each. The City's City Manager may exercise a renewal option, subject to Service Provider's agreement to the renewal, by providing the Service Provider with at least thirty (30) days written notice in advance of the anniversary of the Effective Date. Renewals shall be made upon mutual agreement of the Parties and upon the same terms described herein. SECTION FIVE PAYMENT Service Provider shall be compensated as provided in the Price Proposal Sheet contained in the Service Provider's Response to the City's ITB. The Price Proposal Sheet is incorporated herein by this reference and is attached hereto as "Exhibit B." Pricing shall be firm for the initial term of this Agreement. Any requests for price adjustment increases for renewal terms shall be made in writing at least thirty (30) days prior to the anticipated start of the renewal term. Requests for price adjustments shall be subject to approval by the City Manager and shall not exceed the latest BLS or PPI Index for the City's designated region. The City reserves the right to deny and/or negotiate any price adjustments in accordance with the City of Cape Canaveral Purchasing Policies and City Ordinances. Payments shall be due and payable as provided by the Florida Local Government Prompt Payment Act s. 218.70 et. seq., Florida Statutes. All services provided to the City must be described upon the Service Provider's invoice with sufficient clarity for the City to easily identify and confirm the Services having been provided. All invoice entries shall clearly indicate the type of Service being rendered, identify the Service Provider employee who rendered such service, and note the appropriate charge and hourly rate if applicable. Service Agreement for Splash Pad Maintenance City of Cape Canaveral —JD's Atlantic Pool Service, LLC Page 3 of 20 The City may make changes in the Services at any time by giving written notice to the Service Provider. If, upon the request of the City, Service Provider agreed to perform additional Services hereunder, the City shall pay Service Provider for the performance of such additional Services an additional amount (in additional to all other amounts payable under this Agreement) based on a mutually agreed upon Addendum to this Agreement providing for such additional fees and services executed in writing by the parties to this Agreement. The City shall not be responsible for the payment of any additional services provided by Service Provider unless the description of such services has been set forth in the aforementioned Addendum and the Addendum has been approved by the City Council or City Manager in accordance with the City's purchasing policies and procedures. Service Provider shall not invoice the City or seek any compensation from the City to correct or revise any errors or deficiencies in Services provided under this Agreement. To the extent Service Provider owes the City any money under this or any other Agreement with the City, the City shall have the right to withhold payment and otherwise back charge Service Provider for any money owed to City by Service Provider. The City's payment of any invoice under this Agreement shall not be construed or operate as a waiver of any rights under this Agreement or any cause of action arising out of the performance of this Agreement, and the Service Provider shall remain liable to the City in accordance with applicable law for all damages to the City caused by the Service Provider's performance of any Services provided under this Agreement. SECTION SIX STATUS OF SERVICE PROVIDER This Agreement calls for the performance of the Services of Service Provider as an independent contractor. Neither Service Provider, nor its assigns, nor its successors, shall be considered employees, officers, or agents of the City in any capacity. Service Provider shall not be entitled to any benefits which would otherwise apply to City employees. SECTION SEVEN INDEMNIFICATION Service Provider shall protect, defend, indemnify and hold harmless, the City, its employees, agents, elected or appointed officials, and representatives from any and all claims, losses, suits, costs, expenses, fines, penalties, deficiencies, damages, obligations, and liabilities, including all reasonable attorney's fees and court costs through all appeals, for which City, its employees, agents, elected or appointed officials, and representatives can or may be held liable as a result of injury to persons (including death) or damage to property occurring by reason of any negligent acts, errors, omissions, or willful misconduct of Service Provider, its employees, or agents, arising out of or connected with this Agreement; or which arise out of any inaccurate representation Service Agreement for Splash Pad Maintenance City of Cape Canaveral —JD's Atlantic Pool Service, LLC Page 4 of 20 made by the Service Provider, its employees or agents; or any breach of this Agreement by Service Provider, its employees or agents, except to the extent of negligence, wrongful acts or omissions of the City or its agents, elected or appointed officials, employees, or representatives. For purposes of this indemnification only, Service Provider shall indemnify the City for claims made by the employees of Service Provider, and Service Provider hereby waives its entitlement, if any, to immunity under Section 440.011, Florida Statutes. This waiver has been specifically and mutually negotiated by the parties. Service Provider shall further protect, defend, indemnify and hold harmless, the City, its employees, agents, elected or appointed officials, and representatives from any and all claims and liabilities, whether rightful or otherwise, alleging that the work furnished by the Service Provider hereunder, or any part thereof, constitutes an infringement of any patent, copyright, trademark or other intellectual property right of the United States. Service Provider shall pay all damages and costs awarded against the City in connection with any such infringement, copyright, trademark, or other intellectual property rights claims. This indemnification paragraph shall survive the termination of this Agreement. SECTION EIGHT TERMINATION The City may terminate this Agreement for any reason, with or without cause and without penalty, by giving the Service Provider thirty (30) days advance written notice of the termination of this Agreement. In the event of any termination without cause pursuant to the preceding sentence, City shall continue to be responsible for the payment of any outstanding undisputed invoices delivered to the City prior to the date of termination. In addition, should Service Provider materially breach this Agreement and should such breach not be cured within fifteen (15) days of receiving written notice of such breach by the City, the City shall be entitled to terminate this Agreement immediately and Service Provider shall refund the City any pre -paid fees for Services not delivered to the City's satisfaction by Service Provider. Upon receipt of a notice for any termination of this Agreement and any Work Order hereunder, the Parties shall cooperate with each other and use all commercially reasonable efforts to affect a smooth transition process. SECTION NINE PUBLIC RECORDS AND AUDITS A. Pursuant to Section 119.0701, Florida Statutes, and other applicable public records laws (collectively, the "Public Records Laws"), Service Provider agrees that any records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, Service Agreement for Splash Pad Maintenance City of Cape Canaveral — JD's Atlantic Pool Service, LLC Page 5 of 20 audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form, characteristics, or means of transmission, of Service Provider related, directly or indirectly, to the services provided to the City under this Agreement and made or received pursuant to law or ordinance or in connection with the transaction of official business by the City, may be deemed to be a public record under and pursuant to the Public Records Laws, whether in the possession or control of the City or the Service Provider. If and to the extent said records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form, characteristics, or means of transmission of Service Provider are subject to the provisions of Chapter 119, Florida Statutes, or other Public Records Laws (records subject to the Public Records Laws are herein referred to as "public records"), they may not be destroyed without the specific written approval of the City's designated custodian of public records. 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 Service Provider be open and freely exhibited to the CITY for the purpose of examination and/or audit. Notwithstanding anything herein to the contrary, the parties agree to maintain the confidentiality of any and all records or documents from third party disclosure that are deemed confidential and/or exempt from public records disclosure pursuant to federal or state law, including, but not limited to, under the Health Insurance Portability and Accountability Act of 1996 and related HIPAA Privacy Rules. IF THE SERVICE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SERVICE PROVIDER'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, 100 Polk Avenue, Cape Canaveral, Florida 32920. Service Provider is required to and agrees to comply with public records laws. Service Provider shall keep and maintain all public records required by the City to perform the services as agreed to herein. Service Provider shall provide the City, upon request from the City Clerk, copies of the requested public records or allow the public records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by law. Service Provider shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. Upon completion of the Agreement, Service Provider shall transfer to the City, at no cost, copies of all public records in possession of the Service Provider, provided the transfer is requested in writing by the City Clerk. Upon such transfer, Service Provider shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. However, if the City Clerk does not request that copies of the public records be transferred, the Service Provider shall continue to keep and maintain the public records upon completion of the Agreement and shall meet all applicable requirements for retaining public records. All public records stored electronically must be provided to the City, upon request from the City Clerk, in a format that is compatible with the Service Agreement for Splash Pad Maintenance City of Cape Canaveral —JD's Atlantic Pool Service, LLC Page 6 of 20 information technology systems of the City. Should the City not possess public records relating to this Agreement which are requested to be inspected or copied by the City or any other person, the City shall immediately notify Service Provider of the request and the Service Provider shall then provide such public records to the City or allow the records to be inspected or copied within a reasonable time. If the Service Provider does not comply with a public records request, the City may enforce this Section to the extent permitted by law. Service Provider acknowledges that if the Service Provider does not provide the public records to the City within a reasonable time, the Service Provider may be subject to penalties under Section 119.10, Florida Statutes. The Service Provider acknowledges that if a civil action is filed against the Service Provider to compel production of public records relating to this Agreement, the court may assess and award against Service Provider the reasonable costs of enforcement, including reasonable attorney fees. All public records in connection with this Agreement shall, at any and all reasonable times during the normal business hours of the Service Provider, be open and freely exhibited to the City for the purpose of examination, audit, or otherwise. Failure by Service Provider to grant such public access, cooperate with the City's examination or audit, and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the City upon delivery of a written notice of cancellation. Following an audit, all required payment adjustments shall be made. In the event that the audit reveals an underpayment to the City, the Contractor agrees to pay to the City the underpaid amount within thirty (30) days of notice of any such underpayment. Contractor shall maintain all books and records made in connection with this Agreement for a period of three years following termination of this Agreement, unless the City authorizes otherwise in writing. If the Service Provider fails to comply with this Section, and the City must enforce this Section, or the City suffers a third -party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to Service Provider's failure to comply with this Section, the City shall collect from Service Provider prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Section against Service Provider. And, if applicable, the City shall also be entitled to reimbursement of all attorneys' fees and damages which the City had to pay a third party because of the Service Provider's failure to comply with this Section. The terms and conditions set forth in this Section shall survive the termination of this Agreement. B. All documents, including but not limited to, drawings, specifications and data or programs stored electronically or otherwise, prepared by the Service Provider and its independent contractors and associates pursuant to this Agreement or related exclusively to the Services described herein shall be owned by the City and may be reused by the City for any reason or purpose at any time. However, the City agrees that the aforesaid documents are not intended or represented to be suitable for reuse by the City or others on any undertaking other than the Work outlined in this Agreement. Any reuse for an undertaking other than for the Work without verification or adaptation by the Service Provider, or its independent contractors and associates, if necessary, to specific purposes intended will be at the City's sole risk and without liability or legal exposure to the Service Provider. Service Agreement for Splash Pad Maintenance City of Cape Canaveral —JD's Atlantic Pool Service, LLC Page 7 of 20 C. The City and the Service Provider agree that upon payment of fees due to the Service Provider by the City for a particular design, report, inventory list, compilation, drawing, specification, model, recommendation, schedule, or otherwise, said design, report, inventory list, compilation, drawing, specification, technical data, recommendation, model, schedule, and other instrument produced by the Service Provider, as applicable, in the performance of this Agreement, or any Work hereunder, shall be the sole property of the City, and the City is vested with all rights therein. The Service Provider waives all rights of copyright in said design, report, inventory list, compilation, drawing, specification, technical data, recommendation, model, schedule, and other instrument produced by the Service Provider in the performance of this Agreement, and hereby assigns and conveys the same to the City whether in the possession or control of the Service Provider or not. D. Notwithstanding any provisions to the contrary contained in this Agreement, the Service Provider shall retain sole ownership to its preexisting information not produced and paid for by the City under this Agreement including, but not limited to, computer programs, software, standard details, figures, templates and specifications. SECTION TEN INSURANCE During the term of this Agreement, Service Provider shall be responsible for providing the types of insurance and limits of liability as set forth under this Paragraph. The insurance policies provided hereunder by Service Provider shall also include coverage with respect to services performed by all agents and independent contractors employed by Service Provider to perform any Work hereunder. A. The Service Provider shall maintain comprehensive general liability insurance in the minimum amount of $1,000,000 as the combined single limit for each occurrence and $2,000,000 general aggregate with a deductible not less than $5,000 unless otherwise approved in writing by the City Manager to protect the Service Provider from claims of property damages which may arise from any Work performed under this Agreement whether such Work are performed by the Service Provider or by anyone directly employed by or contracting with the Service Provider. D. The Service Provider 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 Service Provider 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 Service Provider or by anyone directly or indirectly employed by the Service Provider. Service Agreement for Splash Pad Maintenance City of Cape Canaveral — JD's Atlantic Pool Service, LLC Page 8 of 20 C. The Service Provider 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 $1,000,000 for all of its employees performing Work for the Client pursuant to this Agreement. All required insurance must be from insurance carriers that have a rating of "A" or better and a financial size category of "VII" or higher according to the A.M. Best Company (or equivalent rating and rating service as reasonably determined by the City Manager). 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 City by Service Provider upon the Effective Date of this Agreement which satisfied the insurance requirements of this Section. Renewal certificates shall be sent to the City at the time of any expiration. There shall also be a 30-day advance written notification to the City in the event of cancellation or material modification of any stipulated insurance coverage. The City shall be an additional insured on all stipulated insurance policies as its interest may appear, from time to time, excluding worker's compensation and professional liability policies. SECTION ELEVEN NOTICE Any and all notices required or permitted under this Agreement shall be in writing and shall be sufficient in all respects if (i) delivered personally, (ii) mailed by registered or certified mail, return receipt requested and postage prepaid, or (iii) sent via a nationally recognized overnight courier service to the following: For CITY: City of Cape Canaveral Attn: City Manager 100 Polk Avenue Cape Canaveral, FL 32922 For SERVICE PROVIDER: JD's Atlantic Pool Service, LLC Attn: John D. Schofield, Jr. 204 N. Kirkland Rd., New Smyrna Beach, Florida 32169 Phone: (386) 235-4658 Email: JD@JDSATLANTICPOOLS.COM Any Notice given as provided herein shall be deemed received as follows: if delivered by personal service, on the date so delivered; if delivered to an overnight courier service, on the business day immediately following delivery to such service; and if mailed, on the third business day after mailing. Service Agreement for Splash Pad Maintenance City of Cape Canaveral —JD's Atlantic Pool Service, LLC Page 9 of 20 SECTION TWELVE E-VERIFY A. Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, Service Provider 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. Subcontractors: (i) Service Provider shall also require all subcontractors performing work under this Agreement to use the E-Verify system for any employees they may hire during the term of this Agreement. (ii) Service Provider 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. (iii) Service Provider shall provide a copy of all subcontractor affidavits to the City upon receipt and shall maintain a copy for the duration of the Agreement. C. Service Provider must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Service Provider 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. D. Failure to comply with this provision is a material breach of the Agreement and shall result in the immediate termination of the Agreement without penalty to the City. To the extent provided by Florida law, Service Provider shall be liable for any additional costs incurred by the City as a result of the termination of the Agreement. SECTION THIRTEEN ATTORNEY FEES In the event of any action arising under this Agreement, whether or not a lawsuit or other proceeding is filed, each party shall bear its own costs and expenses of such action including, but not limited to, reasonable attorney's fees incurred in any way in connection with the matter, whether incurred before litigation, during litigation, during appeal, or in connection with enforcement of a judgment, including, but not limited to, attorneys' and experts' fees. This shall include fees and costs incurred in litigating entitlement to attorneys' fees and costs, as well as in determining or quantifying the amount of recoverable attorneys' fees and costs. The reasonable costs shall include costs that are taxable under any applicable statute, rule or guideline, as well as non-taxable costs, including but not limited to, costs of investigation, copying costs, electronic Service Agreement for Splash Pad Maintenance City of Cape Canaveral — JD's Atlantic Pool Service, LLC Page 10 of 20 discovery costs, telephone charges, mailing and delivery charges, information technology support charges, consultant and expert witness fees, travel expenses, court reporter fees, and mediator fees, regardless of whether such costs are otherwise taxable. SECTION FOURTEEN 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 in the Middle District of Florida, Orlando Division. SECTION FIFTEEN SEVERABILITY Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity, or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable, and in full force and effect to the extent permitted by law. SECTION SIXTEEN ENTIRE AGREEMENT This Agreement states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this Agreement, save for the representations which are attached to this Agreement as Exhibits. The Service Provider recognizes that any representations, statements, or negotiations made by the City staff do not suffice to legally bind the City in a contractual relationship unless they have been reduced to writing and signed by an authorized City representative. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. SECTION SEVENTEEN NO ASSIGNMENTS OR SUBCONTRACTS Service Provider shall not assign or subcontract this Agreement or any rights or any monies due or to become due hereunder without the prior, written consent of the City. Unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor form any duty or responsibility under this Agreement. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the City and Service Provider, and all duties and responsibilities under this Agreement will Service Agreement for Splash Pad Maintenance City of Cape Canaveral —JD's Atlantic Pool Service, LLC Page 11 of 20 be for the sole and exclusive benefit of the City and Service Provider and not for the benefit of any other party. SECTION EIGHTEEN SOVEREIGN IMMUNITY The City 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 City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law, and the cap on the amount and liability of the City for damages, regardless of the number or nature of claims in tort, equity, or contract, may not exceed the dollar amount set by the legislature for tort. Service Provider agrees that City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, City shall not be liable for any claim or judgment, or portion thereof, to any one person 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. SECTION NINETEEN APPROPRIATIONS This Agreement is subject to the annual appropriations of funds by the City Council. The City has a right to terminate this Agreement for fiscal non -funding at no additional cost or liability to the City. SECTION TWENTY FORCE MAJEURE Any delay or failure of either party in the performance of its required ohligatinns here'inrier shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strike (except involving the Service Provider's labor force); extraordinary breakdown of or damage to City's affiliates' facilities; court injunction or order; federal and/or state law and/or regulation; or order by any other regulatory agency, provided that prompt notice of such delay is given by such party to the other and each of the parties hereto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty (60) days, either party may terminate this Agreement. Monetary damages will not be awarded in the event of Force Majeure. Service Agreement for Splash Pad Maintenance City of Cape Canaveral — JD's Atlantic Pool Service, LLC Page 12 of 20 SECTION TWENTY-ONE CITY PREMISES Service Provider acknowledges that its employees and agents will behave in an appropriate manner while on City property and while on any residential or commercial private property relating to the performance of Services in accordance with this Agreement and shall, at all times, conduct themselves in a manner consistent with City policies and within the discretion of the City Project Manager or designee. Professional and personal conduct of Service Provider's staff shall conform to City's personnel policies and procedures. It is a material breach of this Agreement for any agent or employee of Service Provider to behave in a manner which is inconsistent with appropriate conduct or decorum or to behave in any manner that will disrupt the functioning of the City or constitute any level of threat to the safety, health, and/or well-being of any citizen, invitee, licensee, agent, or employee of the City. Service Provider agrees to immediately remove any agent or employee if directed to do so by the City Project Manager or designee. Service Provider acknowledges that the City shall not be responsible for injury (including death) to Service Provider's employees, agents, officers, or other personnel, nor shall the City be responsible for damage to Service Provider's property, which occurs on the City's property, unless the injury is the result of the City's sole gross negligence or willful misconduct. At all times while on City's premises, Service Provider shall comply with all rules and regulations of City. SECTION TWENTY-TWO MOST FAVORED CUSTOMER Service Provider warrants and represents that all terms, including prices, charges, benefits and warranties, in this Agreement are at least as or more favorable than any terms that Service Provider has offered to any other person or entity, for the types of Services covered by this Agreement. If at any time during this Agreement Service Provider shall offer any other person or entity, terms more favorable, Service Provider shall promptly notify City of such more favorable terms, and if such more favorable terms were offered by Service Provider to another person or entity City shall immediately receive the benefit of the more favorable terms for the remainder of this Agreement, including any renewals thereof. Upon City's request, Service Provider shall advise City in writing, executed by an officer of Service Provider, that this section has not been contradicted by Service Provider since the later of (i) the Effective Date of this Agreement or (ii) the date of the most recent notice provided by Service Provider pursuant to this section. SECTION TWENTY-THREE ENTITIES OF FOREIGN COUNTRIES OF CONCERN Service Provider certifies, affirms, and herein represents that, if the Services involve access to an individual's personal identifying information, the Service Provider is not: (a) owned by the government of a foreign country of concern; (b) the government of a foreign country of concern Service Agreement for Splash Pad Maintenance City of Cape Canaveral —JD's Atlantic Pool Service, LLC Page 13 of 20 does not have a controlling interest in the Service Provider's business; and (c) the Service Provider is not organized under the laws of or have its principal place of business in a foreign country of concern. The terms "foreign country of concern" and "controlling interest" shall mean as defined by Section 287.138, Florida Statutes, as may be amended from time to time SECTION TWENTY-FOUR MISCELLANEOUS A. As an independent contractor, Service Provider shall pay all expenses in connection with its consulting business and Service Provider will not incur any indebtedness on behalf of City with this Agreement. B. This Agreement may be amended, extended, or renewed only with the written approval of the parties. There shall be no modification of this Agreement without a writing. C. The City and Service Provider 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. D. The Service Provider warrants that it has not employed or retained any company person, other than a bona fide employee working solely for the Service Provider, to solicit or secure this Agreement, and that it has not paid or agreed to pay any City employee or official, person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Service Provider, any fee, commission, percentage, gift, or other consideration contingent upon or resulting form the award of making of this Agreement. E. Precautions shall be exercised at all times for the protection of all persons (including City's employees) and property. The safety of all applicable laws, regulations, and codes shall be observed. Hazards arising from the use of vehicles, machinery, and equipment shall be guided or eliminated in accordance with the highest accepted standard of safety. Service Provider shall be solely and absolutely responsible and shall assume all liability for the safety and supervision of its principles, employees, contractors, and agents when performing the Services provided hereunder. F. Service Provider shall comply with all requirements of federal, state, and local laws, rules, regulations, standards, and ordinances applicable to the performance of services under this Agreement and the incorporated Exhibits. Service Provider shall also secure and maintain any and all permits and licenses required to complete this Agreement. G. Service Provider shall acquire no rights under this Agreement to, and shall not use, the name of the City, either alone or in conjunction with or as a part of any other name, word, mark, picture, logo, design, and/or trademark ("City Marks") in any of Service Provider's advertising, publicity, or promotion, to express or imply any endorsement by the City of its Services, or in any Service Agreement for Splash Pad Maintenance City of Cape Canaveral — JD's Atlantic Pool Service, LLC Page 14 of 20 other manner (whether or not similar to the uses hereinabove specifically prohibited) without the prior review and written approval by the City, except as expressly permitted herein. No advertisement, publication, or other use of the City Marks shall be published or otherwise promulgated by Service Provider without City's prior inspection and written approval. This clause shall survive the expiration or termination of this Agreement. H. By signing this Agreement, Service Provider certifies that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency. 2. Have not, within the preceding five-year period, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local)transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property. 3. Are not presently indicted or otherwise criminally charged by a government entity (federal, state or local) with commission of any of the offense enumerated in the preceding paragraph. 4. Have not within the preceding five years had one or more public transactions (federal, state or local) terminated for cause or default. Service Provider agrees to notify City within thirty (30) days after the occurrence of any of the events, actions, debarments, proposals, declarations, exclusions, convictions, judgment, indictments, informations, or terminations as described above, with respect to Service Provider or its principals. In case of any inconsistency in any of the documents bearing on the Agreement between the City and the Service Provider, the inconsistency shall be resolved by giving precedence in the following order: 1. Addenda or change orders to this Agreement entered subsequent to the Effective Date of this Agreement; 2. This Agreement; 3 Exhibits to this Agreement. 4. Purchase Orders entered pursuant to this Agreement. Service Agreement for Splash Pad Maintenance City of Cape Canaveral —JD's Atlantic Pool Service, LLC Page 15 of 20 Any inconsistency in the work description shall be clarified by the City and performed by the Service Provider. J. At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in the Agreement or specifications, the City at its sole discretion will interpret the intent of the Agreement and work descriptions and the Service Provider hereby agrees to abide by the City's interpretation and agrees to carry out the work in accordance with the decision of the City. K. The Service Provider warrants and represents that it complies with all Federal and State requirements concerning fair employment and that Service Provider does not and shall not discriminate by reason of race, color, religion, sex, age, national origin, disability, sexual orientation, gender identity or expression, genetic information, or any other category of persons protected pursuant to federal and/or Florida law. L. No inspection by the City, nor any payment for or acceptance of the whole or part of the items in this Agreement, nor any extension of time, nor any possession taken by the City of the product or services hereunder shall operate as a waiver of (1) any provision of this Agreement, (2) the right to have it fully performed, (3) any power herein reserved by the City or (4) any right to damages under this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of any other breach. Failure of City to insist upon performance within any time period or upon a proper level or quality of performance shall not act as a waiver of City's right to later claim a failure to perform by Service Provider. M. Service Provider guarantees that it is duly licensed and registered to conduct business in the state of Florida. IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date first written above. CONTRACTOR CITY OF CAPE CANAVERAL JD's ATLANTIC POOL SERVICE, LLC Todd Morley, City Manager Printed Name: Title: Service Agreement for Splash Pad Maintenance City of Cape Canaveral —JD's Atlantic Pool Service, LLC Page 16 of 20 Date: Date: ATTEST: Mia Goforth, City Clerk Service Agreement for Splash Pad Maintenance City of Cape Canaveral —JD's Atlantic Pool Service, LLC Page 17 of 20 EXHIBIT A SCOPE OF SERVICES Service Agreement for Splash Pad Maintenance City of Cape Canaveral — JD's Atlantic Pool Service, LLC Page 18 of 20 CITY OF CAPE CANAVERAL SPLASH PAD SERVICE AGREEMENT SCOPE OF SERVICES EXHIBIT A Location of Services: • Splash pad at Canaveral City Park, 7920 Orange Avenue, Cape Canaveral, Florida 32920. The Contractor shall provide services as detailed below: Daily — Seven (7) days a week • Test water quality and chemical levels to ensure they are within acceptable range. • Inspect chemical levels and order necessary chemicals prior to the supply of necessary chemicals running out. • Maintain accurate records and Togs as required by law Florida Department of Health. • Monitor pump temperature, pressure, sound and flow changes that might indicate a future problem. • Visually inspect system for water or chemical leaks, changes in flow rates and other physical damage. • Check ORP calibration for chlorine monitoring. • Backwash sand filter when there is a 10psi differential measured across the filter. • Check controller Togs for alarms which may indicate reoccurring problems. • Clean pump strainer baskets as required. • Clear play area free of debris. • Check that grates are securely anchored and free of debris. • Confirm that the strainer basket at the diverter valve is clean. • Ensure that fasteners are secured to the proper torque. • Ensure that moving parts are securely fastened according to their assembly instructions. • Ensure there are no clothing entrapment hazards. • Check to ensure that component water features have the flow and pressure expected. • Check that nozzles spray at a safe pressure (not to exceed 5psi). Every Six Months • Check that drains are still flush with the final grade. • Check that no water is able to accumulate on the pad. • Ensure that nozzles are clean. • Ensure that 0-rings are greased. • Ensure that anti -seize has been applied to fasteners and fasteners are secured to the proper torque. • Verify controller day and time is correct. • Verify hours of operation. • Run controller in test mode to ensure all zones are working as intended. • Drain holding tank and clean out any sediment and debris. • Inspect all fittings and fasteners on the system and manifold. • Remove top from sand filters and check for depressions; remove top layer of sand and replace. • Verify that when running in standard mode, the facility is operating as intended. CITY OF CAPE CANAVERAL SPLASH PAD SERVICE AGREEMENT SCOPE OF SERVICES EXHIBIT A • Confirm that the activator electrical splices are still watertight and free from corrosion. Once Annually • Check and, if required, replace UV Tamp. • Lubricate and, if required replace, 0-Rings. Filter Replacement: • Change filter sand every five (5) years. Splash Pad Closure • If the Splash Pad needs to be closed for repairs the Contractor shall place signage on the splash pad noticing the closure and will also contact the City representative so that website notification can be made. Repairs • When a repair is necessary above and beyond system trouble shooting and parts are required to be ordered, the Contractor shall provide the City an estimate for the repair. No repair shall be made and no parts shall be ordered without the prior written approval of the City. INSPECTIONS, FORMS AND REPORTING REQUIREMENTS • All required forms shall be kept and maintained by the Contractor as required by the Florida Department of Health. • Forms shall be made available for review by the City or Florida Department of Health if requested. • The Contractor shall inform the Project Manager within twelve (12) hours about any substantial change in operation such as a system failure, urgent repair needs, or system shut down. PARTS • All replacement/repair parts must be genuine original manufacturer's parts, unless approved by the City designated representative, and must be either new or like -new refurbished parts, which shall be invoiced appropriately to the City. • When requested a price for non -OEM parts is to be submitted with the OEM part quote as an option. • Replaced (old) parts shall become the property of the Contractor and shall be disposed of according to industry standards and federal, state, and local laws/ordinances. • New and refurbished replacement/repair parts shall become the property of the City. • USED PARTS — City of Cape Canaveral will allow for used or remanufactured parts for obsolete and/or item(s) no longer in production by manufacturer. Contractor must obtain written approval from the City prior to purchase and installation of used parts. CITY OF CAPE CANAVERAL SPLASH PAD SERVICE AGREEMENT SCOPE OF SERVICES EXHIBIT A • All parts and materials supplied by the Contractor during general and emergency repair services shall be on an "actual cost -plus -percentage" basis (not to exceed 20%), as bid by the Contractor. • Each invoice shall include adequate detail to identify each service call. ® At a minimum the detail shall include the following: the date of the service call, copies of invoices for any materials furnished, job classification of employee performing work, the hourly rate, arrival time on -site, the time service call was completed, total time on -site and total charges for the call. • Contractor shall provide all equipment necessary to provide full maintenance, inspections and repairs as specified in the contract and bid document. Any charges for equipment used during maintenance and repair shall be included in the hourly rate. EQUIPMENT • The City reserves the right to add or delete any equipment from service provided under this contract. Under no circumstances shall the Contractor remove any equipment from City location containing a City asset control sticker. • The Contractor shall request that, when replacing equipment, the property sticker be removed by an appropriate department staff. • For any new equipment furnished and installed by the Contractor, he/she will provide two (2) copies of the operating and maintenance instructions, and a listing of the manufacturer's parts for the stated equipment. TIME The Contractor acknowledges that time is of the essence and agrees to complete the services as specified above, or the Contractor agrees that all work shall be prosecuted regularly, diligently, and uninterrupted at such a rate as will ensure full completion within the time specified above in the Performance section of this document. EMERGENCY SERVICE ® Emergency repairs shall be addressed within a three (3) hour period and all non - emergency repairs within seventy-two (72) hours from time of notification. Examples of emergency labor may include, but shall not be limited to, shutting the system down due to an equipment failure or preparing the equipment for a tropical storm, in which case the response time must be within 3 hours. • Emergency repair service during normal business hours shall be coordinated by the City's Project Manager before any services are performed. • Emergency repair services outside normal business hours will be authorized by Project Manager and/or approved City department representative. • The Contractor shall notify the Project Manager by the next business day. • Emergency Service is to be charged at standard rates, as no overtime rates will apply. Emergency CaII Outs CITY OF CAPE CANAVERAL SPLASH PAD SERVICE AGREEMENT SCOPE OF SERVICES EXHIBIT A • The monthly maintenance shall include up to five (5) calls outs per month that are above and beyond the regularly daily visit. • Call outs may come from City staff and will include the labor necessary to either get the splash pad functioning properly or investigate the issue and close the splash pad if it cannot be fixed that day. • If there are more than five (5) call outs within one month the Contractor may charge the City the call out hourly rate. • A log of the call outs for the month must be provided to the City with every invoice. • CaII outs must be responded to within three (3) hours from initial notification. EXHIBIT B PRICE PROPOSAL SHEET [CONTAINED IN SERVICE PROVIDER'S RESPONSE TO CITY'S ITB] Service Agreement for Splash Pad Maintenance City of Cape Canaveral — JD's Atlantic Pool Service, LLC Page 19 of 20 Parks CANAVERAL BID and Recreation CITY PARK SPLASH # PRICE PAD O&M SERVICES PROPOSAL SHEET ITEM DESCRIPTION QTY , UOM UNIT PRICE , EXTENDED PRICE 1 Daily test to include manual chemical test CHL, and PH, PPM -ORP, UVCMJ/CM, Influent/effluent PSI, Backwash, Clean Splash Pad area, pump basket, drain boxes. 7 days EACH 1 INCLUDED $ INCLUDE $ 2 Clean chemical probes, check chemical levels, clean chemical strainer, inspect chemical pumps and tubing, sand filter backwash. 4 weeks EACH INCLUDED INCLUDED $ $ 3 Monthly Maintenance Fee (including 5 call outs per month) 1 12 month EACH 4875.00 $ $ 58500.00 4 Call out Hourly Rate (for call outs above the 5 included in Monthly Service Fee) estimated quantity only. 1 hour EACH $ 125.00 $ 125.00 4 Sand filter Replacement 2 @ Once every 5 years EACH 1200.00 $ 2400.00 $ TOTAL ► ► $ 61,025 MATERIAL PRICING: Percentage above Contractor's invoiced cost for Authorized Repairs: 20 % (not to exceed 20%) NEAREST SERVICE FACILITY (Address): _204 Kirkland rd. New Smyrna Beach, Florida Distance from City of Cape Canaveral City Park located at 7920 Orange Avenue, Cape Canaveral, Florida: 62 miles Are service technician(s) dispatched/responding to work calls a City of Cape Canaveral resident? () Yes or(X)No Number of technicians: City of Cape Canaveral 1_Brevard County: 1 Page 33 of 48 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 20, 2024 AGENDA ITEM SUMMARY • ITEM # 11 Subject: Ordinance No. 17-2024; amending Chapter 82 Buildings and Building Regulations to adopt a local administrative amendment to the Florida Building Code to add a new City Code Section 82-149 requiring a building permit for roof coatings regulated under the Florida Building Code; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading. Department: Community and Economic Development Summary: At its May 21, 2024 Regular Meeting, the Council reached consensus for the City Attorney to draft an ordinance to require a permit for roof coatings (Attachment 1). As discussed at the meeting, the proper installation of a roof coating may extend the life of an existing roof covering, which may help property owners with acquiring property insurance coverage for structures with an older roof covering. While requiring a building permit for a roof coating is a more stringent permitting requirement than the current minimum administrative requirements under the FBC, requiring a building permit for roof coatings may be beneficial to property owners who are attempting to document proper installation of roof coatings for purposes of property insurance coverage, because it will trigger an appropriate final inspection and associated documentation when approved and closed out. To this end, Ordinance No. 17-2024 (Attachment 2) is presented for consideration to adopt a local administrative amendment to the Florida Building Code (FBC) to add a new City Code Section 82- 149, which requires a building permit for roof coatings regulated under the FBC. A permit is required only for the application of a roof coating on an existing roof covering, although application of a roof coating on a new roof covering is permissible under the permit issued for the new roof covering. Although the FBC does address technical requirements for roof coatings, it does not currently require a building permit and inspection when a property owner installs a roof coating over a roof covering. This change to the Code is permitted under Section 553.73(4)(a), Florida Statutes (Florida Building Code), which authorizes a City to adopt local administrative amendments to the FBC. The new language (in underline font) proposed by this Ordinance states: Sec. 82-149 Technical Amendment to Florida Building Code — Building Permit Required for Roof Coatings A building permit shall be required under this chapter for the installation and application of a roof coating regulated under Section 1509 and any other applicable provisions of the Florida Building Code, except in instances when the coating is not represented to protect, repair, waterproof, stop leaks, or extend the life of the roof. At its June 26, 2024 Meeting, the Planning and Zoning Board recommended approval of Ordinance No. 17-2024. At its July 16, 2024 Regular Meeting, Council approved the subject Ordinance at first reading. The Notice of Hearing was placed for advertisement in Florida Today on August 8, 2024, and the Ordinance is now presented for second reading and final adoption. Submitting Department Director: Todd Morley (Interim) City of Cape Canaveral City Council Meeting • August 20, 2024 Agenda Item # 11 Page 2 of 2 Attachments: 1. City Council Regular Meeting Minutes - May 21, 2024 2. Ordinance No. 17-2024 Financial Impact: Cost of advertisement and codification; 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: Adopt Ordinance No. 17-2024 on second reading. Approved by City Manager: Todd Morley Attachment 1 City of Cape Canaveral, Florida 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 wouldrbe 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. ADJOU.MERAT,Meeting was adjourned at 10:03 p.m. ®......... n9 • 73 Mia Go ditsr Tf Wes Morrison, Mayor Attachment 2 1 ORDINANCE NO. 17-2024 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, 4 BREVARD COUNTY, FLORIDA; AMENDING CHAPTER 82 BUILDINGS AND 5 BUILDING REGULATIONS TO ADOPT A LOCAL ADMINISTRATIVE 6 AMENDMENT TO THE FLORIDA BUILDING CODE TO ADD A NEW CITY 7 CODE SECTION 82-149 REQUIRING A BUILDING PERMIT FOR ROOF 8 COATINGS REGULATED UNDER THE FLORIDA BUILDING CODE; 9 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES 10 AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; 11 AND AN EFFECTIVE DATE. 12 13 WHEREAS, the City is granted authority under Section 2(b), Article VIII, of the State 14 Constitution to exercise any power for municipal purposes, except when expressly prohibited by 15 law, and 16 17 WHEREAS, Section 553.73(4)(a), Florida Statutes (Florida Building Code) authorizes the 18 City to adopt local administrative amendments to the Florida Building Code; and 19 20 WHEREAS, although Section 1509 of the Florida Building Code addresses technical 21 requirements for roof coatings, the Florida Building Code does not currently require a building 22 permit and inspection when a property owner installs a roof coating over a roof covering; and 23 24 WHEREAS, the City Council finds that in some cases the proper installation of a roof 25 coating may extend the life of an existing roof covering and such extension may help property 26 owners with acquiring property insurance coverage; and 27 28 WHEREAS, requiring a building permit for a roof coating is a more stringent permitting 29 requirement than the current minimum administrative requirements under the Florida Building 30 Code; however, the City Council finds that requiring a building permit for roof coatings may be 31 beneficial to property owners who are attempting to document proper installation of roof 32 coatings for purposes of obtaining property insurance coverage; and 33 34 WHEREAS, the City Council finds that this Ordinance is a local administrative amendment 35 to the Florida Building Code and it is not intended to be, nor should it be construed as, a local 36 technical amendment to the Florida Building Code because this Ordinance does not modify 37 materials and construction techniques and processes required by the Florida Building Code; and 38 39 WHEREAS, the City Council also recognizes that a "Roofing contractor" is defined under 40 Section 489.105(3)(e), Florida Statutes to mean a contractor whose services are unlimited in the 41 roofing trade and who has the experience, knowledge, and skill to install, maintain, repair, alter, 42 extend, or design, if not prohibited by law, and use materials and items used in the installation, 43 maintenance, extension, and alteration of all kinds of roofing, waterproofing, and coating, except City of Cape Canaveral Ordinance No. 17-2024 Page 1 of 4 1 when coating is not represented to protect, repair, waterproof, stop leaks, or extend the life of the 2 roof. The scope of work of a roofing contractor also includes skylights and any related work, 3 required roof -deck attachments, and any repair or replacement of wood roof sheathing or fascia 4 as needed during roof repair or replacement and any related work; and 5 6 WHEREAS, the City Council recognizes that the building department will be required to 7 issue building permits in furtherance of this ordinance only to appropriately licensed contractors 8 that are authorized to perform roofing in the State of Florida pursuant to Chapter 489, Florida 9 Statutes; and 10 11 WHEREAS, the City Council deems the adoption of this Ordinance is in the best interests 12 of the public health, safety and welfare of the citizens of Cape Canaveral. 13 14 NOW, THEREFORE, BE IT DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF 15 CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: 16 17 Section 1. Recitals. The foregoing recitals are hereby deemed true and correct and are 18 hereby fully incorporated herein by this reference as a material part of this Ordinance. 19 20 Section 2. Adopting a New Section 82-149 of the City Code. The City Council of the City 21 of Cape Canaveral hereby adopts the following amendments to Chapter 82, Article VI of the Cape 22 Canaveral Code of Ordinances, (underlined type indicates additions to and strikethrough type 23 indicates deletions from the existing text in Chapter 82, while *** indicate deletions from this 24 Ordinance of said Chapter 82 Buildings and Building Regulations that shall remain unchanged in 25 the City Code): 26 27 CHAPTER 82 BUILDINGS AND BUILDING REGULATIONS 28 29 *** 30 31 ARTICLE VI. Local Amendments to Florida Building Code, Building 32 33 *** 34 Sec. 82-149 Technical Amendment to Florida Building Code — Building Permit Required for 35 Roof Coatings 36 37 A building permit shall be required under this chapter for the installation and application of a roof 38 coating regulated under Section 1509 and any other applicable provisions of the Florida Building 39 Code, except in instances when the coating is not represented to protect, repair, waterproof, stop 40 leaks, or extend the life of the roof. 41 42 Secs. 82 1.49 82-150 — 82-170 Reserved. 43 City of Cape Canaveral Ordinance No. 17-2024 Page 2 of 4 1 *** 2 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent 3 ordinances and resolutions adopted by the City Council, or parts of prior ordinances and 4 resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 5 6 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape 7 Canaveral City Code and any section or paragraph, number or letter, and any heading may be 8 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and 9 like errors may be corrected and additions, alterations, and omissions, not affecting the 10 construction or meaning of this ordinance and the City Code may be freely made. 11 12 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion 13 of this Ordinance is for any reason held invalid or unconstitutional by any court of competent 14 jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such 15 holding shall not affect the validity of the remaining portions of this Ordinance. 16 17 Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption 18 by the City Council of the City of Cape Canaveral, Florida. 19 20 ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, 21 assembled this 20th day of August, 2024. 22 23 24 25 26 27 Wes Morrison, Mayor 28 29 30 ATTEST: Name FOR AGAINST 31 32 Kim Davis 33 34 Mia Goforth, CMC, Kay Jackson 35 City Clerk 36 Mickie Kellum 37 38 Wes Morrison 39 40 Don Willis 41 42 43 City of Cape Canaveral Ordinance No. 17-2024 Page 3 of 4 1 2 Approved as to legal form and sufficiency 3 For the City of Cape Canaveral only by: 4 5 6 7 Anthony A. Garganese, City Attorney 8 9 10 First Reading: July 16, 2024 11 Advertisement: August 8, 2024 12 Second Reading: August 20, 2024 City of Cape Canaveral Ordinance No. 17-2024 Page 4of4 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 20, 2024 AGENDA ITEM SUMMARY • ITEM # 12 Subject: Ordinance No. 18-2024; amending Section 110-196 of the City Code regarding Nonconforming Lots of Record and Single -Family Dwellings and Duplexes; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading. Department: Community and Economic Development Summary: At the October 17, 2023 Regular Meeting, Council Member Don Willis presented a discussion item regarding consideration of an ordinance pertaining to challenges posed by nonconforming lots. It was stated that over the years, many residential lots were developed on divided parcels that were not approved by the City in accordance with the City's subdivision regulations, and that many divided and reconfigured parcels had been developed inconsistent with the current underlying plat. In addition, a cursory review of the original 1923 Avon -By -Sea plat (largely, the Presidential Streets area) established most, if not all lots, with a width of 50 feet. By today's standard of a minimum lot width requirement of 75 ft, the 50 ft lots are undersized, nonconforming lots of record. In his Agenda Item, Council Member Willis expressed concern about these nonconformities and future property rights of owners, and that it may be impractical to address the potential zoning and permitting issues these property owners may face in the future on a case -by -case basis. The Council reached consensus for the City Attorney to review this matter, work with Staff to propose an ordinance to address these concerns, and afford citizens and their homes better protection if feasible. Applicable Provision of Comprehensive Plan. Policy H-1.9.3 of the Cape Canaveral Comprehensive Plan provides that the City shall promote single-family and other low density housing types to balance the many high -density residential developments in the community. Summary of Ordinance. The proposed Ordinance (Attachment 1) promotes maintaining existing single-family dwellings and duplexes, as well as preserving existing low -density residential neighborhoods by addressing permitting challenges that some residential parcel owners have faced over the years, or potentially will face, regarding single-family homes and duplexes that were constructed on parcels of land that were not approved by the City in accordance with the City's subdivision regulations. Generally, the proposed Ordinance attempts to address many of these challenges by amending Section 110-196, City Code, which already affords some protections for single-family dwellings and duplexes on existing nonconforming lots -of -record that were previously approved by the City. Primarily, the proposed amendment also recognizes parcels of land with existing single-family homes and duplexes as developable "lots of record" even though the parcels were not approved by the City. In addition, the amendment allows an owner of an existing single-family home to construct a second story or addition of habitable space on a lot of record under limited specified conditions even though such lot fails to meet the requirements for area, width, and/or depth for the applicable zoning district or the existing single-family home is a nonconforming structure. City of Cape Canaveral City Council Meeting • August 20, 2024 Agenda Item # 12 Page 2 of 3 Meaning of the term "Lot of Record." Section 110-191(d)(3) of the City Code defines the term "lot of record" to mean a lot which is part of a subdivision recorded in the official record books of Brevard County, Florida, or a parcel of land described by metes and bounds legal description, the description of which has been recorded in the official record books of Brevard County, Florida, and complies with the subdivision of land regulations of the city. Because lots of record are those lots approved by the City, the City recognizes them as potentially developable through the development permit process. Challenges. The City has several old platted residential areas primarily east of State Road A1A including, but not limited to, Avon -By -The -Sea and Cape Canaveral Beach Gardens Unit 2. Over the span of decades, several of the old platted lots, which were originally approved by the City and are considered lots of record, were divided, and sometimes combined with parts of other divided lots, without complying with and obtaining City approval in accordance with the City's subdivision regulations. Although the tax collector typically recognizes these divided or combined lots for tax purposes, these unapproved divisions of land are not recognized as lots of record by the City for development permit purposes. Notwithstanding, many of these unapproved parcels of land were issued a certificate of occupancy by the City for a single-family home or duplex. Some of these parcels may also have nonconforming characteristics under the current City Code as well because of the size of the parcel or placement of the structure. The unapproved and nonconforming status of these parcels of land pose many challenges for the City and for the owner of the single-family home or duplex especially regarding the appropriateness of issuing future permits for the parcels in the event the single-family home or duplex is destroyed or the owner desires to expand or modify the habitable space of the structure. Furthermore, some of the old, platted lots such as the 50 ft lots in Avon -By -The -Sea are already considered lots of record under the City Code and afforded some important protections under Section 110-196, City Code, which provides that a single-family dwelling or duplex, and customary accessory buildings may be erected, expanded, or altered on any single lot of record, notwithstanding that such lot fails to meet the requirements for area, width, and/or depth for the applicable zoning district provided it meets the other requirements in the City's land development regulations. Nevertheless, the amendments proposed in Ordinance No. 18-2024 provide additional rights to nonconforming lots of record such as Avon -By -the -Sea. Summary of proposed amendments to Section 110-196, City Code. To address these challenges, and protect parcels already developed with a single-family dwelling or duplex, the Ordinance proposes amendments to Section 110-196. Section 110-196 currently provides that: In any zoning district in which single-family dwellings or duplexes are permitted, a single-family dwelling or duplex, and customary accessory buildings may be erected, expanded, or altered on any single lot of record, notwithstanding that such lot fails to meet the requirements for area, width, and/or depth for the applicable zoning district. This provision shall only apply where yard dimensions and setback requirements other than area, width, and/or depth conform in all other respects with the land development regulations for the applicable zoning district. City of Cape Canaveral City Council Meeting • August 20, 2024 Agenda Item # 12 Page 3 of 3 The following amendments are being proposed to Section 110-196 as set forth in Ordinance No. 18-2024: 1. Most importantly, the amendment provides that on any parcel of land that does not constitute a lot of record, but upon which an existing single-family dwelling or duplex was issued a certificate of occupancy by the City, said parcel of land shall be deemed a single lot of record approved by the City in compliance with the Code. As such, the existing single-family dwelling or duplex can be maintained, altered, expanded or reconstructed on said lot of record in accordance with the applicable provisions of the Code. 2. The amendment clarifies that the phrase "yard dimensions" under this section means: (i) minimum lot coverage; (ii) minimum living area; and (iii) maximum height. These requirements are provided in each residential zoning district. 3. The amendment provides existing one-story single-family dwellings may be expanded and altered to add a second story or ground floor addition of habitable space either in conformance with the yard dimensions (minimum lot coverage, minimum living area and maximum height) and setback requirements for the applicable zoning district; or add a second story of habitable space within the existing building footprint of the existing dwelling, notwithstanding the existing dwelling footprint does not conform to the minimum lot coverage, minimum living area and setback requirements. 4. The amendment provides a statement of intent for this Section which generally provides: (i) preserving existing low density residential neighborhoods by allowing certain single- family dwellings or duplexes to be erected, expanded, or altered on parcels of land that would not otherwise be considered developable lots of record or conforming under this article; and (ii) allowing existing single-family home owners to add a second story or ground floor addition of habitable space on such parcels in conformance with the Code; or add a second story within the existing building footprint of the existing dwelling. At its June 26, 2024 Regular Meeting, the Planning and Zoning Board recommended approval of Ordinance No. 18-2024 (Attachment 2). At its July 16, 2024 Regular Meeting, Council approved the subject Ordinance at first reading. The Notice of Hearing was placed for advertisement in Florida Today on August 8, 2024, and the Ordinance is now presented for second reading and final adoption. Submitting Department Director: Todd Morley (Interim) Attachments: 1. Ordinance No. 18-2024 2. P&Z Board Minutes — June 26, 2024 DRAFT Financial Impact: Cost of advertisement and codification; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Adopt Ordinance No. 18-2024 on second reading. Approved by City Manager: Todd Morley Attachment 1 1 ORDINANCE NO. 18-2024 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, FLORIDA, AMENDING SECTION 110-196 OF THE CITY 5 CODE REGARDING NONCONFORMING LOTS OF RECORD AND 6 SINGLE-FAMILY DWELLINGS AND DUPLEXES; PROVIDING FOR THE 7 REPEAL OF PRIOR INCONSISTENT ORDINANCES AND 8 RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY 9 AND AN EFFECTIVE DATE. 10 11 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State 12 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by 13 law; and 14 15 WHEREAS, Policy H-1.9.3 of the Cape Canaveral Comprehensive Plan provides that the 16 City shall promote single -family and other low density housing types to balance the many high- 17 density residential developments in the community; and 18 19 WH EREAS, section 110-191 (d)(3) of the City Code defines the term "lot of record" to mean 20 a lot which is part of a subdivision recorded in the official record books of Brevard County, Florida, 21 or a parcel of land described by metes and bounds legal description, the description of which has 22 been recorded in the official record books of Brevard County, Florida, and complies with the 23 subdivision of land regulations of the city; and 24 25 WHEREAS, the City's subdivision of land regulations are currently codified in Chapter 98 26 of the City Code, which governs the creation of lots of record for development permit purposes 27 within the City; and 28 29 WHEREAS, section 110-196 currently allows in any zoning district in which single-family 30 dwellings or duplexes are permitted, the erection, expansion, or alteration of a single-family 31 dwelling or duplex on any single lot of record, notwithstanding that such lot fails to meet the 32 requirements for area, width, and/or depth for the applicable zoning district; and 33 34 WHEREAS, the City Council finds that over the course of several decades, there are 35 numerous instances within the City where a certificate of occupancy was issued or authorized by 36 the City for the construction of an existing single-family dwelling or duplex on a parcel of land 37 that was not approved as a developable lot of record in accordance with the subdivision of land 38 regulations of the City; and 39 40 WHEREAS, in furtherance of promoting and maintaining such existing single-family 41 dwellings and duplexes, as well as preserving existing low density residential neighborhoods, the 42 City Council finds that it is in the best interests of the citizens, especially the owners of the City of Cape Canaveral Ordinance No. 18-2024 Page 1 of 5 1 aforesaid parcels, to hereby recognize said parcels with an existing single-family dwelling or 2 duplex as a lot of record in compliance with the City Code so the existing single-family dwellings 3 and duplexes can be maintained, altered, expanded or reconstructed in accordance with other 4 applicable requirements in the City Code, otherwise said parcels would technically not be 5 considered developable lots of record or conforming for permitting purposes under the City Code; 6 and 7 8 WHEREAS, for the sake of clarity and legislative intent, the City Council hereby declares 9 that the code amendments adopted by this Ordinance are only intended to apply to existing 10 single-family dwellings and existing duplexes and this Ordinance is not intended to apply or afford 11 any additional development rights to vacant lots or parcels which were not approved as 12 developable lots of record by the City Council pursuant to the City's subdivision regulations; and 13 14 WHEREAS, the City Council recognizes that nonconforming zoning regulations generally 15 favor the elimination of nonconforming structures, but allow nonconforming structures to 16 continue in their present form, provided such structures are not enlarged, expanded, increased, 17 or extended so they are eventually discontinued and replaced with conforming structures over 18 time; and 19 20 WHEREAS, the City Council nevertheless finds that for purposes of promoting and 21 maintaining existing single-family neighborhoods within the City, it is in the best interests of the 22 City to amend and ease the City's nonconforming regulations in the limited case of allowing 23 existing nonconforming single-family structures to be maintained, altered, expanded or 24 reconstructed as provided herein; or modified to add a second story or ground floor addition of 25 habitable space either in compliance with the yard dimensions (minimum lot coverage, minimum 26 living area and maximum height) and setback requirements for the applicable zoning district; or 27 add a second story of habitable space within the existing building footprint of the existing 28 dwelling, notwithstanding the existing dwelling footprint does not conform to the minimum lot 29 coverage, minimum living area and setback requirements; and 30 31 WHEREAS, this Ordinance was reviewed and recommended by the City's Planning and 32 Zoning Board at a duly held public meeting; and 33 34 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 35 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of 36 Cape Canaveral. 37 38 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 39 ORDAINS, AS FOLLOWS: 40 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by 41 this reference as legislative findings and the intent and purpose of the City Council of the City of City of Cape Canaveral Ordinance No. 18-2024 Page 2 of 5 1 Cape Canaveral. 2 3 Section 2. Amending Section 110-196 of the City Code. The City of Cape Canaveral 4 Code of Ordinances, Chapter 110 - Zoning, Article V— Nonconformities, Section 110-196 is hereby 5 amended as set forth below (underlined type indicates additions and strikeout type indicates 6 deletions, while *** indicate deletions from this Ordinance of said Chapter 110 — Zoning which 7 shall remain unchanged in the City Code): 8 9 CHAPTER 110 - ZONING 10 11 12 ARTICLE V. — NONCONFORMITIES 13 14 15 16 *** *** Sec. 110-196. Nonconforming lots of record - Single -Family Dwellings and Duplexes. 17 18 (a) In any zoning district in which single-family dwellings or duplexes are permitted, a single- 19 family dwelling or duplex, and customary accessory buildings may be erected, expanded, or 20 altered on any single lot of record, notwithstanding that such lot fails to meet the requirements 21 for area, width, and/or depth for the applicable zoning district. For new single-family dwellings 22 and duplexes, Tthis provision shall only apply where yard dimensions (minimum lot coverage, 23 minimum living area and maximum height) and setback requirements other than area, width, 24 and/or depth conform in all other respects with the land development regulations for the 25 applicable zoning district. Existing one-story single-family dwellings may be expanded and altered 26 to add a second story or ground floor addition of habitable space in conformance with the yard 27 dimensions (minimum lot coverage, minimum living area and maximum height) and setback 28 requirements for the applicable zoning district; or add a second story of habitable space within 29 the existing building footprint of the existing single-family dwelling, notwithstanding the existing 30 dwelling footprint does not conform to the minimum lot coverage, minimum living area and 31 setback requirements. 32 33 L On any developed (non -vacant) parcel of land that does not constitute a lot of record, but 34 upon which an existing single-family dwelling or duplex was issued a certificate of occupancy by 35 the City or County, said developed parcel of land shall hereby be deemed a single lot of record 36 approved by the City in compliance with the Code. The existing single-family dwelling or duplex 37 can be maintained, altered, expanded or reconstructed on said developed lot of record in 38 accordance with the applicable provisions of subsection (a). This subsection does not apply to 39 vacant parcels of land. 40 41 *** City of Cape Canaveral Ordinance No. 18-2024 Page 3 of 5 1 2 Section 3. Incorporation Into Code. This Ordinance shall be incorporated into the 3 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may 4 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, 5 and like errors may be corrected and additions, alterations, and omissions, not affecting the 6 construction or meaning of this ordinance and the City Code may be freely made. 7 8 Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or 9 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 10 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 11 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 12 the validity of the remaining portions of this Ordinance. 13 14 Section 5. Effective Date. This Ordinance shall become effective immediately upon 15 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City 16 Charter. 17 18 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 20th 19 day of August, 2024. 20 21 22 23 Wes Morrison, Mayor 24 25 26 ATTEST: 27 28 For Against 29 30 Mia Goforth, CMC Kim Davis 31 City Clerk 32 Kay Jackson 33 34 Mickie Kellum 35 36 Wes Morrison 37 38 Don Willis 39 First Reading: July 16, 2024 40 Advertisement: August 8, 2024 41 Second Reading: August 20, 2024 42 City of Cape Canaveral Ordinance No. 18-2024 Page 4 of 5 1 Approved as to legal form and sufficiency 2 for the City of Cape Canaveral only by: 3 4 5 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 18-2024 Page 5 of 5 Planning & Zoning Board Meeting Minutes —June 26, 2024 Page 2 of 3 DRAFT Attachment 2 encroachment into the setback. He discussed Cape View Elementary School's low student enrollment due to families moving and the loss of the school's Title One funding. Patrick Campbell, resident and owner of 307 Surf Drive, discussed his opposition of approving Ordinance No. 18-2024. He discussed building on empty non -conforming lots, lot splits and the Brevard County Property Appraiser's lot split requirements. Discussion ensued with Attorney Garganese assuring the Board and Mr. Campbell that the proposed Ordinance applies only to lots of record, which are defined by City Code, and complies with the City's subdivision regulations. The Chairman requested wording for a motion with clarification from the City Attorney. The City Attorney provided language to clarify the new subsection (b) in the proposed Ordinance does not apply to vacant lots. OLD BUSINESS: None NEW BUSINESS: 1. Approval of Meeting Minutes — May 29, 2024. Motion to approve the minutes as written made by Board Member Denny and seconded by Board Member Gentilquore, vote carried unanimously. 2. Consideration of Ordinance No. 17-2024 to amend the City's Buildings and Building Regulations to adopt a local administrative amendment to the Florida Building Code to add a new City Code Section 82-149 requiring a building permit for roof coatings regulated under the Florida Building Code; providing for the repeal of prior inconsistent Ordinances and Resolutions, incorporation into the Code, severability and an effective date: Senior Planner Harris informed the Board that consideration for Ordinance No. 17-2024 resulted from the May 21, 2024 City Council meeting. The proposed local administrative amendment in the City Code, Section 82-149, exceeds the current requirements of the Florid Building Code. Discussion ensued with Attorney Garganese explaining that this Ordinance does not modify any of the technical requirements regarding permissible roof coatings or how they are to be applied. This is strictly a local administrative amendment. Discussion ensued to include municipalities abilities to make administrative and technical amendments and their procedural processes, life extension to roofs with coatings, insurance coverage, permitting and contracting requirements, impact of costs to property owners and applicants, installation methods and inspections. Motion for approval of Ordinance 17-2024 made by Board Member Stroud and seconded by Board Member Denny, vote carried unanimously. 3. Consideration of Ordinance No. 18-2024 to amend Section 110-196 of the City Code regarding nonconforming lots of record and single-family dwellings and duplexes; providing for the repeal of prior inconsistent Ordinances and Planning & Zoning Board Meeting Minutes —June 26, 2024 Page 3 of 3 DRAFT Resolutions, incorporation into the Code, severability and an effective date: Senior Planner Harris gave a brief background of proposed Ordinance No. 18-2024 and shared a slide presentation. He summarized Section 110-196, and read an overview of the proposed amendments. Discussion ensued to include non- conforming lots of record and non -conforming structures, empty lots, developed parcels with an existing single-family dwelling or duplex, historic districts, historic lots of record and non -historic lots of record. Chairman Russell motioned to move forward with the Ordinance as submitted with clarification submitted by the City Attorney, motion seconded by Board Member Stroud, vote carried unanimously. REPORTS AND OPEN DISCUSSION: None ADJOURNMENT: There being no further business, Chairman Russell adjourned at 8:16 p.m. Approved on this day of , 2024. Lamar Russell, Chairman Renee Yother, Board Secretary CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 20, 2024 AGENDA ITEM SUMMARY • ITEM # 13 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 Summary: The City's Defined Contribution Plan was established 23 years ago with a non -elective contribution of 7% into a 401(a)-retirement account (Attachment 1). Eighteen years ago, the plan was updated to include a 3% matching contribution to the 401(a)-retirement account, based on an employee's contribution to a 457(b)-retirement account (Attachment 2). This item was first introduced at the March 19, 2024 City Council Regular Meeting, proposing an increase to 11% for the 401(a) plan and 5% for the 457(b) plan, with a corresponding budgetary impact of $181,210 (Attachment 3). At the May 21, 2024 City Council Regular Meeting, two alternate proposals were discussed. The first proposal suggested increasing the 401(a)-plan contribution to 9% and the 457(b) plan to 4%, with a budgetary impact of $90,605 (Attachment 4). The second proposal considered raising the 401(a)- plan contribution to 10% while maintaining the current 3% for the 457(b) plan, with a budgetary impact of $92,940 (Attachment 5). At the June 18, 2024 Council Meeting, the Council was provided the additional financial information requested which compared the current rate structure to the proposed changes (vesting period change, financial impact additional staff members, and elimination of forfeiture funds). A consensus was reached to bring back data from additional municipalities with Defined Contribution Plans. At the July 16, 2024 Regular Council Meeting, the survey results were presented, revealing contributions from 25 surrounding municipalities. The survey showed an average vesting schedule of 3.7 years and an average municipal non -elective contribution rate of 9.1%, with nearly 50% of municipalities allowing participation from day one. This information provided the Council with the necessary perspective to make an informed decision on updating the City's current plan, which has not been revised in eighteen years. As previously discussed, we are requesting several key changes to our employee benefits structure to better compete in the job market and improve employee satisfaction. These changes include lowering the vesting schedule, increasing the City's contribution, and reducing the waiting period for benefits. Jeremy Button, Senior Financial Analyst with the Florida League of Cities, has confirmed that our current 1-year eligibility requirement is higher than average, and our contributions are below the regional standard, as outlined in the data shared during the March meeting. Implementing these adjustments will align our benefits with those of similar municipalities and support our goals of boosting employee retention and satisfaction. Attachment 7 is Resolution No. 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. Submitting Department Director: Natalie Harmon City of Cape Canaveral City Council Meeting • August 20, 2024 Agenda Item # 13 Page 2 of 2 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. Defined Contribution Plans 7. 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. ATTEST: usan tills,'CITY ERK APPROVED AS TO FORM: Kohn Bennett, ATTORNEY City of Cape Canaveral, Florida Resolution No. 01-27 Page 4 Section 11. This Resolution shall become effective immediately upon its adoption. PASSED AND ORDAINED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 18th day of September.,..2001. Rocky Randels, MAYOR FOR X Burt Bruns Buzz Petsos X Rocky Randels X Richard Treverton Motion Larry Weber Second AGAINST 111,:1,141111,),1,11:11(6111:111),111, ,0111111,11,1q 1111111111 Florida Municipal Pension TrustRESOLUTION NO. 01-27 Fund EXHIBIT 1 § 401(a) Defined Contribution Plan Adoption Agreement Participating Employer: Name of Government Entity_ Address Address City:State-Zip__ City of Canaveral P.O. Box 326 105 Polk Ave Cape Canaverak FL 32920 Individual to Receive Plan Notices Ms. Andrea Bowers Title City Treasurer Telephone 321-868-1234 Fax 321-799-3170 e-mail Bowers-capeir4fl.rr.com Your Plan Administrator is: Florida League of Cities, Inc. 301 S. Bronough Street P.O. Box 1757 Tallahassee, Florida 32302 Phone: (850) 222-9684 Fax: (850) 222-3806 Contacts: Mark Sittig, Retirement Services Manager, 850-224-6779 x276, marksittig@flcities.com Taimmi Jackson, FMPTF Trust Adrninistrator, 850-224-6779 x272 tjackson@fleities.com Plan Provisions The City of Cape Canaveral will use FMPTF's § 401(a) Defined Contribution Plan. For any Plan choice that this Adoption Agreement fails to specify, the Participating Employer is deemed to have specified the first -displayed choice. Your Plan Year is: October 1 — September 30 January 1 — December 31 Other CO Florida Municipal Pension Trust Fund Florida League of Cities, Inc. ,,,11101?11111111/11111111p,„ 1,11 ,00n1111, Florida Municipal Pension Trust Fund § 401(a) Defined Contribution Plan Adoption Agreement Payroll Periods The payroll period of the Participating Employer is: 0 weekly bi-weekly • semi-monthly 0 monthly D other [specify]: Who's eligible? RESOLUTION NO. 01-27 EXHIBIT 1 An Employee is eligible to share in Non -elective Contributions and Matching Contributions (to the extent provided under the Plan) if he or she meets all of the following three eligibility conditions: 1. Age condition An Employee is eligible if he or she has attained: X no age requirement age 16 age 18 age 21 2. Service condition An Employee is eligible if he or she has completed: no service requirement months of Eligibility Service X I Year of Eligibility Service X_Other: Must work over 1000 hours/year . Excluded Employees Every Employee shares in Non -elective Contributions and Matching Contributions except an Employee who belongs to a classification specified below: © Florida Municipal Pension Trust Fund Florida League of Cities, Inc. page 2 111111111H111111M11111111111111111011M1M1101140011M nuramormomnInnInnommumm 111111111101 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): Non -elective Con_ttibutionl — Participating Employer Non -elective Contributions will be made on the following basis: 7% of employee's compensation MatchingContributions 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 11111111 'I I I I 1'1'1' 111111111)11 11,011.'61,1in Florida Municipal Pension Trust Fund § 401(a) Defined Contribution Plan Adoption Agreement Benefit Compensation Benefit Compensation means the Participant's: 11, 1111111,1,111 11:1111"1"11111 Benefit Compensation as defined in Provision 3.13 in the Plan Document. other [specify] ( requires approval from the FMPTF) RESOLUTION NO. 01-27 EXHIBIT 1 Vesting for Participating Employer Non -elective Contributions and Matching Contributions A Participating Employer may establish a vesting schedule for Participating Employer Non - elective Contributions and Matching Contributions. This means that if the Participant leaves the Participating Employer's employment prior to completing a specified minimum period of service (not to exceed 5 years), the Participant forfeits the Participating Employer's Non -elective Contributions and Matching Contributions. However, upon Death, Disability, or the Termination of the Plan, the Participant is 100% vested in the Participant's Participating Employer Non - elective Contributions and Matching Contlibutions, notwithstanding any vesting schedule. If a vesting schedule is established, it is the Participating Employer's responsibility to calculate the Participants service and report it to the Plan Administrator. The Participating Employer hereby elects the following: A Participant becomes Vested in his or her Plan Account according to: O immediate vesting -or- the schedule marked below Vested percent: Years of Ve Service 1 2 3 4 5 6 7 MIMUUMIVOIMINGIMMIUMIIIIIIIIIIIIMIEM111111111111111MIIIIMMUNIIMEMNI1111111111111,111111111111.111M11111111111 0% 20% 0% 0% 40% 25% 0% 60% 50% 0% 80% 75% 100% 100% 100% **** **** **** * * * * * * * * MIMMIM1110 1901 NOM IM1111.81... 0 Florida Municipal Pension Tmst Fund Florida League of Cities, Inc. page 4 1110111111 MI111111,11101MMMMINI 0111111MOM 0,0410101,1001M1M01,14.40/0114 WRIN EIIIM11111111111111111111111111MNIMMIMIIIIIIIMMIMMIMMIntibliniliiii.{.6, orida 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 4 0`)/0 8 yrs 80%. 5 yrs 50% 9 yrs 90%. 6 yrs 60%. 10 or more yrs _100%_ b. Schedule has not been amended. Years of Vesting Service A year of vesting service shall be measured from the Participant's date of hire. The completion of twelve calendar months from the date of hire shall count as a year of vesting service. Any years of vesting service credited from prior years shall remain credited, regardless of revised provisions. Forfeitures Forfeitures shall be held in a Forfeiture Account and be used to reduce future Participating Employer Contributions. © Florida Municipal Pension Trust Fund Florida League of Cities, Inc. page 5 Florida Municipal Pension Trust Fund § 401(a) Defined Contribution Plan Adoption Agreement Changing and Terminating this Adoption Agreement RESOLUTION NO. 01-27 EXHIBIT 1 If a Participating Employer desires to amend any of its elections contained in this Adoption Agreement, the Participating Employer by official action must adopt an amendment to the Adoption Agreement or a new Adoption Agreement must be adopted and forwarded to the FMPTF for approval. This Adoption Agreement may be terminated only in accordance with the Plan. Adopting the Plan By signing below, the Participating Employer adopts the FMPTF 401(a) Defined Contribution Plan ("Plan"). The Participating Employer acknowledges that it received a copy of the Plan. The Participating Employer shall receive copies of any Plan amendments made by the FMPTF. The Participating Employer's signer represents that he or she is a proper officer of and has authority to enter into this Adoption Agreement as an obligation of the Participating Employer. City of Cane Canaveral Participating Employer Date: .2118/ 2001. Accepted for the: Florida Municipal Pension Trust Fund ( By th Adminis!rato BY: © Florida Municipal Pension Trust Fund Florida League of Cities, Inc. Page 6 11110111A1011111, Attachment 2 RESOLUTION NO. 2006-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING THE RETIREMENT PLAN AND TRUST FOR THE EMPLOYEES OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR CONFLICTING RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral established a Retirement Plan and Trust for the Employees of the City of Cape Canaveral pursuant to Resolution number 2001-27; and WHEREAS, the Retirement Plan and Trust agreement was executed on September 18, 2001; and WHEREAS, Section 3.01 of the Plan and Trust authorizes the City Council to amend the Plan and Trust, in whole or in part, either retroactively or prospectively, by delivering to the Trustee a written amendment in accordance with the limitations set out in that section; and WHEREAS, the City Council desires to amend the plan to allow for matching contributions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL: SECTION 1. The City Council of the City of Cape Canaveral, in its capacity as the Trustee of the Retirement Plan and Trust for the employees of the City of Cape Canaveral hereby approves the changes as set out forth below, with additions to the Plan and Trust indicated by underlining (underlining) and deletions by strike through (). Participating Employer Contributions A Participating Employer may make Non -elective Contributions and/or Matching Contributions as specified below. Non elective Contributions and Matching Contributions that are tied to Payroll Periods (as defined in this Adoption Agreement) must be remitted to the Plan Administrator no later than 15 business days after the Payroll Period. Annual Contributions must be remitted to the Plan Administrator no later than 15 business days after the end of the Plan Year. The Participating Employer hereby elects to make Contributions as follows: ®Non -elective Contributions — Participating Employer Non -elective Contributions will be made on the following basis: 7% of employee compensation. X Matching Contributions Matching Contributions are Participating Employer Contributions that may be made to match all or a portion of a Participant's contribution to an eligible 457(b) deferred compensation plan. If the Participating Employer provides Matching Contributions, the amount of Matching Contributions made for a Participant each Plan Year will be up to 3% of such Participant's Employee Basic Compensations. SECTION 2. The City Council of the City of Cape Canaveral hereby empowers the Mayor or its appointee of the City of Cape Canaveral with the authority to execute such documents and agreements as are required to effectuate this amendment of the Plan. SECTION 3. All Resolutions or parts of resolutions, in conflict with this resolution are hereby repealed. SECTION 4. This Resolution shall be effective October 1, M ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 2nd day of January, 2007. ATTEST: Susan Stills, City clerk Apprp d as to Form: Anthony A. Garganese, City Attorney E Rocky Randels, Mayor Name For Robert Hoog X Leo Nicholas X Buzz Petsos Motion Rocky Randels X Shannon Roberts Second Against RESOLUTION NO. 2006-51 ATTACHM ENT Florida Municipal Pension Trust Fund 457(b) Deferred Compensation Plan Adoption Agreement Please tell us about the Participating Employer: _.. .. Name of GovernmentEntity Address Address Cite State Z) Individual to Receive Plan Notices Title le�hone Fax e—mailTe.............. Your Plan Administrator is: Florida League of Cities, Inc. 301 S. Bronough Street P.O. Box 1757 Tallahassee, Florida 32302 Phone: (850) 222-9684 Cyy of Cake Canaveral 105 Polk Avenue P. O. Box 326 � a Canaveral, FL 32920 e ........._��._.__��_..� e.._ .. __ .rW. anamaitt Bennett Boucher City Manager 321-868-1230 321-868-1248 Fax: (850) 222-3806 Contact: Paul Shamoun, Retirement Services Manager, PTShamounflcities.com Plan Provisions The Participating Employer will use FMPTF's § 457(b) Deferred Compensation Plan. For any Plan choice that this Adoption Agreement fails to specify, the Participating Employer is deemed to have specified the first -displayed choice. Your Plan Year is: October 1 — September 30 Payroll Periods The payroll period of the Participating Employer is: weekly bi-weekly semi-monthly monthly other [specify]: © Florida Municipal Pension Trust Fund Florida League of Cities, Inc. Florida Municipal Pension Trust Fund § 457(b) Deferred Compensation Plan Adoption Agreement RESOLUTION NO. 2006-51 ATTACHM ENT Who's eligible? Covered Departments A Participating Employer may cover all of its departments in the Plan or only those listed: All Departments ❑ Covered Departments (must specify) Any Employee from a covered department (and any natural person or independent contractor who is an elected or appointed official or officer) is eligible to make § 457(b) Plan deferrals from his or her wages or fees paid by the Participating Employer. An Employee is eligible to begin participation immediately upon enrollment into Plan by completing the required documents. Changing and Terminating this Adoption Agreement If a Participating Employer desires to amend any of its elections contained in this Adoption Agreement, the Participating Employer by official action must adopt an amendment to the Adoption Agreement or a new Adoption Agreement must be adopted and forwarded to the FMPTF for approval. This Adoption Agreement may be terminated only in accordance with the Plan. Adopting the Plan By signing below, the Participating Employer adopts the FMPTF 457(b) Deferred Compensation Plan ("Plan"). The Participating Employer acknowledges that it received a copy of the Plan. The Participating Employer shall receive copies of any Plan amendments made by the FMPTF. The Participating Employer's signer represents that he or she is a proper officer of and has authority to enter into this Adoption Agreement as an obligation of the Participating Employer. CITY OF CAPE CANAVERAL BY: Date: April 26, 2006 Rocky Randels, Mayo Accepted for the: Florida Municipal Pension Trust Fund By the Administrator: Florida League of Cities, Inc Date: Attachment 3 RESOLUTION NO. 2024-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING THE DEFINED CONTRIBUTION RETIREMENT PLAN FOR THE GENERAL EMPLOYEES OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral established a Retirement Plan and Trust for the City of Cape Canaveral's employees pursuant to Resolution No. 01-27; and WHEREAS, the Retirement Plan and Trust agreement was executed on September 18, 2001; and WHEREAS, the Plan and Trust authorizes the City Council to amend the Plan and Trust, in whole or in part, either retroactively or prospectively, by delivering to the Trustee a written amendment in accordance with the limitations set out in that section; and WHEREAS, the City Council desires to amend the Plan and Trust to change the employer non -elective contribution rate for all participating employees from 7% to 11 %, and increasing the employer match from a 100% match of participant contributions to the 457(b) plan with a maximum of 3% of participant contributions to a maximum of 5% of participant contributions; and WHEREAS, the City Council desires to amend the Plan and Trust to change the vesting schedule to provide for immediate vesting. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. The City Council of Cape Canaveral, Florida, in its capacity as the Trustee of the Retirement Plan and Trust for the employees of Cape Canaveral hereby approves the changes as set out forth below, with additions to the Plan and Trust indicated by underlining (underliningl and deletions by strike through (stricken through). PARTICIPATING EMPLOYER CONTRIBUTIONS A Participating Employer may make Non -elective Contributions and/or Matching Contributions as specified below. Non -elective Contributions and Matching Contributions that are tied to Payroll Periods (as defined in this Adoption Agreement) must be remitted to the Plan Administrator no later than 15 business days after the Payroll Period. Annual Contributions must be remitted to the Plan Administrator no later than 15 business days after the end of the Plan Year. A Participating Employer may establish different classes of Employees for contribution purposes in this Adoption Agreement. The Participating Employer hereby elects to make Contributions as follows (choose one or both as applicable): City of Cape Canaveral Resolution No. 2024-02 Page 1 of 3 ® Non -elective Contributions — Participating Employer Non -elective Contributions will be made on the following basis (must specify): 11 % employer contribution ® Matching Contributions Matching Contributions are Participating Employer Contributions that may be made to match all or a portion of a Participant's contribution to an eligible 457(b) deferred compensation plan (Employee Basic Contributions). If the Participating Employer provides Matching Contributions, the amount of Matching Contributions made for a Participant each Plan Year will be (choose only one): 100% match, up to % of such Participant's Employee Contributions. ® 100% of the Participant's Employee Basic Contributions, which cannot exceed 5% of the Participant's Compensation. Other formula (requires approval from the FMPTF) A Participant becomes Vested in his or her Employer Non -elective Contributions Account and Employer Matching Contributions Account according to: ® Immediate vesting The schedule marked below: Years of Vesting 1 2 3 4 5 6 7 8 9 10 Service *** *** *** *** *** *** *** *** *** *** Section 2. The City Council of Cape Canaveral hereby empowers the Mayor, or the Mayor Pro Tem in the absence or unavailability of the Mayor, the authority to execute such documents and agreements as are required to effectuate this amendment of the Plan. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent City of Cape Canaveral Resolution No. 2024-02 Page 2 of 3 jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective October 13, 2024, after adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 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 7% non -elective: $ 216,861.58 3% match: $ 85,934.30 Total: $ 302,795.88 FY 2023 Contribution Amounts Contribution Date ER non -elective Percentage Bi-weekly payroll ER Match Match Amount 10/10/2022 $ 7,291.56 7.0% $ 104,165.14 3.0% $ 2,859.28 10/25/2022 $ 8,167.98 7.0% $ 116,685.43 3.0% $ 3,189.24 11/8/2022 $ 8,179.58 7.0% $ 116,851.14 3.0% $ 3,193.91 11/22/2022 $ 8,254.54 7.0% $ 117,922.00 3.0% $ 3,211.40 12/6/2022 $ 7,848.50 7.0% $ 112,121.43 3.0% $ 3,095.69 12/20/2022 $ 8,696.64 7.0% $ 124,237.71 3.0% $ 3,468.55 12/30/2022 $ 7,765.67 7.0% $ 110,938.14 3.0% $ 3,021.63 1/17/2023 $ 7,895.40 7.0% $ 112,791.43 3.0% $ 3,048.09 1/31/2023 $ 7,839.40 7.0% $ 111,991.43 3.0% $ 3,038.79 2/14/2023 $ 8,108.04 7.0% $ 115,829.14 3.0% $ 3,151.49 2/28/2023 $ 8,048.25 7.0% $ 114,975.00 3.0% $ 3,129.69 3/14/2023 $ 8,084.64 7.0% $ 115,494.86 3.0% $ 3,142.75 3/28/2023 $ 8,100.65 7.0% $ 115,723.57 3.0% $ 3,275.52 4/11/2023 $ 8,203.72 7.0% $ 117,196.00 3.0% $ 3,279.69 4/25/2023 $ 8,211.57 7.0% $ 117,308.14 3.0% $ 3,280.97 5/9/2023 $ 8,293.38 7.0% $ 118,476.86 3.0% $ 3,315.98 5/23/2023 $ 8,780.52 7.0% $ 125,436.00 3.0% $ 3,524.93 6/5/2023 $ 8,558.90 7.0% $ 122,270.00 3.0% $ 3,429.63 6/16/2023 $ 8,669.35 7.0% $ 123,847.86 3.0% $ 3,469.39 7/5/2023 $ 8,606.42 7.0% $ 122,948.86 3.0% $ 3,448.05 7/18/2023 $ 8,875.31 7.0% $ 126,790.14 3.0% $ 3,549.68 8/1/2023 $ 8,891.91 7.0% $ 127,027.29 3.0% $ 3,570.31 8/15/2023 $ 8,859.22 7.0% $ 126,560.29 3.0% $ 3,556.13 8/29/2023 $ 8,861.73 7.0% $ 126,596.14 3.0% $ 3,557.19 9/12/2023 $ 8,872.78 7.0% $ 126,754.00 3.0% $ 3,561.94 9/26/2023 $ 8,895.92 7.0% $ 127,084.57 3.0% $ 3,564.38 $ 216,861.58 $ 85,934.30 Projected Plan Costs 9.0% non -elective: $ 4.0% match: $ Total: $ 278,822.03 114,579.07 393,401.10 Difference 90, 605.22 New ER non -elective % New ER non -elective $ 9.0% New Match % New ER Match amounts 4.0% 9.0% $ 9,374.86 4.0% $ 3,812.37 9.0% $ 10,501.69 4.0% $ 4,252.32 9.0% $ 10,516.60 4.0% $ 4,258.55 9.0% $ 10,612.98 4.0% $ 4,281.87 9.0% $ 10,090.93 4.0% $ 4,127.59 9.0% $ 11,181.39 4.0% $ 4,624.73 9.0% $ 9,984.43 4.0% $ 4,028.84 9.0% $ 10,151.23 4.0% $ 4,064.12 9.0% $ 10,079.23 4.0% $ 4,051.72 9.0% $ 10,424.62 4.0% $ 4,201.99 9.0% $ 10,347.75 4.0% $ 4,172.92 9.0% $ 10,394.54 4.0% $ 4,190.33 9.0% $ 10,415.12 4.0% $ 4,367.36 9.0% $ 10,547.64 4.0% $ 4,372.92 9.0% $ 10,557.73 4.0% $ 4,374.63 9.0% $ 10,662.92 4.0% $ 4,421.31 9.0% $ 11,289.24 4.0% $ 4,699.91 9.0% $ 11,004.30 4.0% $ 4,572.84 9.0% $ 11,146.31 4.0% $ 4,625.85 9.0% $ 11,065.40 4.0% $ 4,597.40 9.0% $ 11,411.11 4.0% $ 4,732.91 9.0% $ 11,432.46 4.0% $ 4,760.41 9.0% $ 11,390.43 4.0% $ 4,741.51 9.0% $ 11,393.65 4.0% $ 4,742.92 9.0% $ 11,407.86 4.0% $ 4,749.25 9.0% $ 11,437.61 4.0% $ 4,752.51 $ 278,822.03 $ 114,579.07 Attachment 5 2023 Retirement Plan Costs 7% non -elective: $ 216,861.58 3% match: $ 85,934.30 Total: $ 302,795.88 FY 2023 Contribution Amounts Contribution Date ER non -elective Percentage Bi-weekly payroll ER Match Match Amount 10/10/2022 $ 7,291.56 7.0% $ 104,165.14 3.0% $ 2,859.28 10/25/2022 $ 8,167.98 7.0% $ 116,685.43 3.0% $ 3,189.24 11/8/2022 $ 8,179.58 7.0% $ 116,851.14 3.0% $ 3,193.91 11/22/2022 $ 8,254.54 7.0% $ 117,922.00 3.0% $ 3,211.40 12/6/2022 $ 7,848.50 7.0% $ 112,121.43 3.0% $ 3,095.69 12/20/2022 $ 8,696.64 7.0% $ 124,237.71 3.0% $ 3,468.55 12/30/2022 $ 7,765.67 7.0% $ 110,938.14 3.0% $ 3,021.63 1/17/2023 $ 7,895.40 7.0% $ 112,791.43 3.0% $ 3,048.09 1/31/2023 $ 7,839.40 7.0% $ 111,991.43 3.0% $ 3,038.79 2/14/2023 $ 8,108.04 7.0% $ 115,829.14 3.0% $ 3,151.49 2/28/2023 $ 8,048.25 7.0% $ 114,975.00 3.0% $ 3,129.69 3/14/2023 $ 8,084.64 7.0% $ 115,494.86 3.0% $ 3,142.75 3/28/2023 $ 8,100.65 7.0% $ 115,723.57 3.0% $ 3,275.52 4/11/2023 $ 8,203.72 7.0% $ 117,196.00 3.0% $ 3,279.69 4/25/2023 $ 8,211.57 7.0% $ 117,308.14 3.0% $ 3,280.97 5/9/2023 $ 8,293.38 7.0% $ 118,476.86 3.0% $ 3,315.98 5/23/2023 $ 8,780.52 7.0% $ 125,436.00 3.0% $ 3,524.93 6/5/2023 $ 8,558.90 7.0% $ 122,270.00 3.0% $ 3,429.63 6/16/2023 $ 8,669.35 7.0% $ 123,847.86 3.0% $ 3,469.39 7/5/2023 $ 8,606.42 7.0% $ 122,948.86 3.0% $ 3,448.05 7/18/2023 $ 8,875.31 7.0% $ 126,790.14 3.0% $ 3,549.68 8/1/2023 $ 8,891.91 7.0% $ 127,027.29 3.0% $ 3,570.31 8/15/2023 $ 8,859.22 7.0% $ 126,560.29 3.0% $ 3,556.13 8/29/2023 $ 8,861.73 7.0% $ 126,596.14 3.0% $ 3,557.19 9/12/2023 $ 8,872.78 7.0% $ 126,754.00 3.0% $ 3,561.94 9/26/2023 $ 8,895.92 7.0% $ 127,084.57 3.0% $ 3,564.38 $ 216,861.58 $ 85,934.30 Projected Plan Costs 10.0% non -elective: $ 3.0% match: $ Total: $ 309,802.26 85,934.30 395,736.56 Difference 92,940.68 New ER non -elective % New ER non -elective $ 10.0% New Match % New ER Match amounts 3.0% 10.0% $ 10,416.51 3.0% $ 2,859.28 10.0% $ 11,668.54 3.0% $ 3,189.24 10.0% $ 11,685.11 3.0% $ 3,193.91 10.0% $ 11,792.20 3.0% $ 3,211.40 10.0% $ 11,212.14 3.0% $ 3,095.69 10.0% $ 12,423.77 3.0% $ 3,468.55 10.0% $ 11,093.81 3.0% $ 3,021.63 10.0% $ 11,279.14 3.0% $ 3,048.09 10.0% $ 11,199.14 3.0% $ 3,038.79 10.0% $ 11,582.91 3.0% $ 3,151.49 10.0% $ 11,497.50 3.0% $ 3,129.69 10.0% $ 11,549.49 3.0% $ 3,142.75 10.0% $ 11,572.36 3.0% $ 3,275.52 10.0% $ 11,719.60 3.0% $ 3,279.69 10.0% $ 11,730.81 3.0% $ 3,280.97 10.0% $ 11,847.69 3.0% $ 3,315.98 10.0% $ 12,543.60 3.0% $ 3,524.93 10.0% $ 12,227.00 3.0% $ 3,429.63 10.0% $ 12,384.79 3.0% $ 3,469.39 10.0% $ 12,294.89 3.0% $ 3,448.05 10.0% $ 12,679.01 3.0% $ 3,549.68 10.0% $ 12,702.73 3.0% $ 3,570.31 10.0% $ 12,656.03 3.0% $ 3,556.13 10.0% $ 12,659.61 3.0% $ 3,557.19 10.0% $ 12,675.40 3.0% $ 3,561.94 10.0% $ 12,708.46 3.0% $ 3,564.38 $ 309,802.26 $ 85,934.30 Attachment 6 Municipality VESTING (yrs) City % Waiting Period Belleair 3 9.0% Cape Coral 0 12.0% Clearwater 5 8.0% None Doral 1 12.0% 0 Dunedin 5 8-10% Eatonville 10 5.0% 0 Edgewater 5 12.0% 0 Eustis 5 6.0% Fellsmere 0 13.0% 0 Greenacres 5 7.5% 6 Mths Gulf Stream 5 8.0% Hialeah Gardens 5 10.0% Indiantown 5 10.0% 0 Lady Lake 3 8.0% 0 Lake Worth 10.0% 0 Leesburg 5 5.0% Longboat Key 5 12.0% Longwood 12.0% Marathon 0 10.0% 0 Marco Island 5 6.5% Oviedo 0 5.0% 15 Days Port Orange 6 10.0% Port St. Lucie 0 11.5% 0 Satellite Beach 5 5.0% 0 Sweetwater 1 11.0% 0 3.7 9.1% Changing 10/1 Increasing 10/1 Red = a change in the Fiscal Year Attachment 7 RESOLUTION NO. 2024-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING THE DEFINED CONTRIBUTION RETIREMENT PLAN FOR THE GENERAL EMPLOYEES OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral established a Retirement Plan and Trust for the City of Cape Canaveral's employees pursuant to Resolution No. 01-27; and WHEREAS, the Retirement Plan and Trust agreement was executed on September 18, 2001; and WHEREAS, the Plan and Trust authorizes the City Council to amend the Plan and Trust, in whole or in part, either retroactively or prospectively, by delivering to the Trustee a written amendment in accordance with the limitations set out in that section; and WHEREAS, the City Council desires to amend the Plan and Trust to change the employer non -elective contribution rate for all participating employees from 7% to 11 %, and increasing the employer match from a 100% match of participant contributions to the 457(b) plan with a maximum of 3% of participant contributions to a maximum of 5% of participant contributions; and WHEREAS, the City Council desires to amend the Plan and Trust to change the vesting schedule to provide for immediate vesting; WHEREAS, the City Council desires to amend the Plan and Trust to change the eligibility period from the completion of one year of service as an otherwise Eligible Employee to the completion of six months of service as an otherwise Eligible Employee; and WHEREAS, the City Council finds that this Resolution is in the best interests of the citizens of Cape Canaveral, and will promote the City's efforts to recruit and retain City employees. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. The foregoing recitals are hereby incorporated herein by this reference. 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 (underlining.1 and deletions by strike through (stricken through). PARTICIPATING EMPLOYER CONTRIBUTIONS City of Cape Canaveral Resolution No. 2024-02 Page 1 of 4 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): ® 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 *** *** *** *** *** *** *** *** *** *** City of Cape Canaveral Resolution No. 2024-02 Page 2 of 4 SERVICE CONDITION An Employee is eligible if he or she has completed: ❑ No service requirement ❑ 3 Months of Service as an otherwise Eligible Employee ® 1 Ycar of Service as an otherwise Eligible Employee ® Other (must specify): 6 Months of Service as an otherwise Eligible Employee Section 2. The City Council of Cape Canaveral hereby empowers the Mayor or City Manager of the City of Cape Canaveral 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 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 20th day of August, 2024. ATTEST: Mia Goforth, CMC, City Clerk Wes Morrison, Mayor Name FOR AGAINST Kim Davis Kay Jackson Mickie Kellum Wes Morrison Don Willis City of Cape Canaveral Resolution No. 2024-02 Page 3 of 4 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 4 of 4 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 20, 2024 AGENDA ITEM SUMMARY • ITEM # 14 Subject: Resolution No. 2024-05; appointing members and alternates to the Culture and Leisure Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. Department: City Clerk's Office Summary: The Culture and Leisure Services Board (Board) currently has two vacancies. These vacancies are partial terms, both ending October 1, 2024, and exist as the result of two Board members resigning, one in March 2022 and the other in February 2024. At its May 30, 2024 Regular and June 27, 2024 Special Meetings, the Board interviewed a combined total of six (6) applicants, and have recommended Brad Pervell and Tina Freeman be appointed to fill the two vacancies. As filling the two existing vacancies would not result in either appointee serving a full -term on the Board, those appointed to fill said vacancies would be eligible for two additional reappointments, consistent with the limitations set forth in Section 2-171(f), City Code. Due to the high volume of interviewed applicants eligible to be appointed, the Board also recommended Council consider appointing two more applicants as alternates: Virginia Scott as first alternate and James Stobie as second alternate. The appointment of alternates would accommodate the desires of as many applicants as possible to serve on the Board, and improve the Board's ability to establish quorum for regularly -scheduled meetings. Per Sec. 2-171(m), City Code: Alternate members. At the discretion of the city council, two alternate members may be appointed to each city board or committee. Alternate members shall be provided with all agendas and documentation provided to regular members and shall be permitted to provide input during discussions. Alternate members shall not be permitted to vote on matters before the board unless they have assumed the duties of an absent regular member. The member of the board or committee who has served longer as an alternate member shall be the first alternate board member. If the first alternate member leaves the board or is appointed as a regular board member, the successor to the first alternate board member shall be that alternate board member with the longer service as an alternate member. The next appointed alternate member shall be designated as the second alternate board member. In the absence of a regular member from an official board meeting, the first alternate board member shall assume all duties of the absent regular board member, including the right to vote on any matter before the board at the meeting. If two or more regular board members are absent from an official board meeting, the second alternate member shall assume all duties of the absent regular member, including the right to vote on any matter before the board at the meeting. In the absence of the first alternate board member from an official board meeting, the second alternate board member shall act in the place of the absent first alternate, including the right to vote on matters before the board at that meeting if a regular member is absent at the meeting. Should Council appoint two applicants as the first and second alternates, said applicants would serve brand-new, partial terms, to end October 1, 2026. Should any vacancy occur on the board, with one or two sitting alternates, Staff at that time would prepare an item for Council consideration City of Cape Canaveral City Council Meeting • August 20, 2024 Agenda Item # 14 Page 2 of 2 at the next scheduled Regular Meeting with a recommendation of the first alternate be appointed as a regular member to fill said vacancy. Scheduled for earlier in tonight's Meeting, Council will have had an opportunity to interview applicants Pervell, Freeman, Scott, and Stobie. Additionally, applicant Angela Raymond, having been interviewed and unanimously recommended for appointment by the Board at its January 25, 2024 Regular Meeting, was subsequently interviewed by Council at its March 19, 2024 Regular Meeting. Later in said Meeting, Council did not take any action, neither appointing Mrs. Raymond, nor rejecting her application to join the Board. Ms. Raymond confirmed at the April 16, 2024 Council Regular Meeting that she has not withdrawn her application, still desires to serve on the Board, and thus is still eligible to be considered for appointment. It is now incumbent upon Council to determine who they will appoint to fill two vacancies on the Board as full voting members, and, if they so choose, who they will appoint as the first and second alternates. Submitting Department Director: Mia Goforth Attachment: Resolution No. 2024-05 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: 1. Select two applicants' names to be inserted into Resolution No. 2024-05, Section 2. 2. Determine if alternates are to be appointed. a. If so, select two applicants' names to be inserted into Resolution No. 2024-05, Section 3. b. If not, Section 3 will be removed and remaining sections will be renumbered accordingly. 3. Adopt Resolution No. 2024-05. Approved by City Manager: Todd Morley RESOLUTION NO. 2024-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; APPOINTING MEMBERS AND ALTERNATES TO THE CULTURE AND LEISURE SERVICES BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 54-26 established a Board known as the Culture and Leisure Services Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint members and alternates to said Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Appointment to City Advisory Board. Pursuant to Section 2-171(e) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby appoints the following individuals to the Culture and Leisure Services Board: and shall be appointed to existing, unexpired terms, to serve until October 1, 2024. Following completion of their respective terms, these appointees may be eligible for reappointment consistent with the limitations set forth in Section 2-171(f), City Code. Section 3. Appointment of First and Second Alternates to City Advisory Board. Pursuant to Section 2-171(m) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby appoints the following individuals to the Culture and Leisure Services Board: shall be appointed as first alternate, to serve until October 1, 2026. shall be appointed as second alternate, to serve until October 1, 2026. Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. City of Cape Canaveral Resolution No. 2024-05 Page 1 of 2 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 20th day of August, 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. 2024-05 Page 2 of 2 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 20, 2024 AGENDA ITEM SUMMARY • ITEM # 15 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 (Attached): 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. A new Building Official has been hired and will provide the statement when the project is completed. 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, 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 • August 20, 2024 Agenda Item # 15 Page 2 of 4 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. On July 31, 2024, City Staff, including, the City Manager, City Attorney, City Engineer and C&ED Deputy Department Director met with Allen Engineering, Mr. Wittekind, representing Cape III, LLC, and his attorney to review compliance issues remaining. 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. Complete. See Laserfiche folder: CC-LF\Public Records Requests and Reports\Fillmore Updates From Staff. Presented at the July 10, 2024 City Council Special Meeting. 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 Complete. See Laserfiche folder: CC-LF\Public Records Requests and Reports\Jackson Avenue Code Enforcement Correspondence. • What is included: City of Cape Canaveral City Council Meeting • August 20, 2024 Agenda Item # 15 Page 3 of 4 generated by the City's BS&A software system or any other record storage method employed by the City's Code Enforcement Department. o Field Notes o Official Notices (Notices of Violation, Revised Notices of Violation, Code Enforcement Board minutes, Code Enforcement Board Orders, Notices of Hearings, Orders of the Special Magistrate, Special Magistrate Agenda Packets. • What is not included: Working draft documents were determined to be unhelpful and have created some confusion. For these reasons, working draft documents have not been placed in the Laserfiche folder. 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. 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. Complete. See Laserfiche folder: CC-LF\Public Records Requests and Reports\Jackson Avenue Code Enforcement. 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. Ongoing. The latest monthly report for open cases was distributed to the City Council on June 27, 2024. A report related to closed cases will be distributed annually, with the next one to be distributed in May of 2025. Complete. See Laserfiche folder: CC-LF\Public Records Requests and Reports\Jackson Avenue Code Enforcement. Submitting Department Director: Attachment: Minutes of January 24, 2024 Regular City Council Meeting Todd Morley, City Manager/Interim C&ED Department Director Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo City of Cape Canaveral City Council Meeting • August 20, 2024 Agenda Item # 15 Page 4 of 4 The City Manager recommends the City Council take the following action: Discuss Update to the January 24, 2024 Special Council Meeting. Approved by City Manager: Todd Morley CAPE CANAVERAL CITY COUNCIL SPECIAL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Wednesday January 24, 2024 2:30 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 2:30 p.m.; Council Member Jackson led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Council Member Mayor Pro Tem Mayor Council Member Kim Davis Kay Jackson Mickie Kellum Wes Morrison Don Willis Others Present: City Manager City Attorney Deputy City Clerk Administrative/Financial Services Director Building Official Deputy Building Official Community + Economic Development (C+ED) Dir. C+ED Deputy Director/Code Enforcement Manager C+ED Code Enforcement Officer C+ED Sustainability Manager C+ED Senior Planner C+ED Resiliency Services Engineering Manager C+ED Executive Assistant/Department Admin. Human Resources/Risk Management Director Public Works Services Director Public Works Services Deputy Director Executive Assistant to City Manager/Office Manager Brevard County Sheriff's Office Lieutenant APPROVAL OF AGENDA AS WRITTEN OR WITH Mayor Pro Tem Kellum, seconded by Council Memb The motion carried 5-0. Todd Morley Anthony Garganese (arrived 2:33 p.m.) Daniel LeFever John DeLeo Michael German Shaun Milligan Dave Dickey Brian Palmer Chris Robinson Zachary Eichholz Kyle Harris Alexis Miller Renee Yother Melinda Huser June Clark Jessica Erdman Lisa Day Scott Molyneaux AMENDMENTS: A motion was made by er Willis, to approve the Agenda as written. PUBLIC PARTICIPATION: Peg Schaller, owner of Ellie Mae's Tiki Bar, discussed code violations of the adjacent tenant at 120 Jackson Avenue, a debris fire that occurred in March 2024, alleged inaction from the City regarding her Code Enforcement complaints, and accused City Code Enforcement officers of retaliation for issuing her multiple notices of violation. Upon hitting the three -minute timer limit, Mayor Morrison permitted Ms. Schaller to speak for an additional seven minutes, after stating there was no objection from Council. Ms. Schaller continued discussing a personal injury claim against the adjacent tenant at 120 Jackson Avenue due to a faulty railing that has resulted in her being sued. ITEM FOR CONSIDERATION: Review of Community Development Department roles, responsibilities and discuss actions proposed to resolve current issues for properties located on Fillmore Avenue and Jackson Avenue. (Submitted by Mayor Morrison): Mayor Morrison explained his submitted item. Council and Staff discussion ensued and included better communication and friendliness with business City of Cape Canaveral, Florida January 24, 2024 City Council Special Meeting Minutes Page 2 of 3 owners, resolving long-standing property owner issues, prioritization of Code Enforcement cases, investigative and enforcement steps regarding complaints, Staff preference for achieving voluntary compliance from and working with identified violators, use of formal notices of violations, magistrate hearings, liens, and potential foreclosures for violators that do not come into compliance, City options for further enforcement are limited once a lien is in place, State property rights restrictions on Code Enforcement officers' ability to physically/visibly investigate some complaints, training a new City Code Enforcement officer, there being no known private contracting service for Code Enforcement officers, further utilization of existing software to track existing Code Enforcement cases, and potential revisions to older/archaic parts of the City Code. Discussion shifted to stormwater and utility issues at Fillmore Avenue that resulted from revisions to the site plan, prior verbal communications between the former City Engineer and former Public Works Services Director, who has the authority to request such revisions on the part of the contractor, whether the individual that requested the revision was authorized to do so, recent internal administrative policy revisions to eliminate verbal approvals and authorizations, providing better documentation, and attempts to coordinate with Florida Power and Light (FPL) regarding building development/construction site utilities. City Manager Morley read a letter into the record from Gary Wittekind of Cape III, LLC regarding the status of working with FPL on the project. Mayor Morrison read a text message into the record from Jim Hurst, property owner at 306 Fillmore Avenue, regarding the most recent FPL actions at the site. Discussion continued regarding the City's utility franchise agreement with FPL, how much leverage, if any, the City has in regards to FPL's actions, next steps on the Fillmore Avenue project, reversion of stormwater inlet and swale revisions, Allen Engineering to perform a recertification review of the property's stormwater system at the conclusion of the project, an upcoming Staff meeting with representatives from the Fillmore Avenue project, preference to have a member of City Council present at said meeting, costs of contracting an independent engineering firm to review the project, past Council Meeting debates on costs and necessity of engineering reviews and analyses, and preferences to move forward expeditiously. Council reached Consensus to request the following, regarding the Fillmore Avenue project, as amended from Mayor Morrison's submitted item summary: 1. Obtain and distribute to City Council a building permit inspections report showing date, type of inspection and disposition, and in the case of failed inspections, cited codes and any inspector notes. This report applies to all codes applicable to all permitted construction performed at 304, 306, 314 and 316 Fillmore Avenue. Include Building Official's statement that all necessary inspections were ultimately approved. 2. Obtain an Engineering Report of: a. Existing site conditions, and b. a review of all site -related permit documents submitted by Allen Engineering and former City Engineer John Pekar for all site -related permitted construction performed at 304, 306, 314 and 316 Fillmore Avenue (approved plans, letters, and calculations). The purpose and scope of the report is intended to ensure that the original design, as revised, meets or exceeds all applicable City Codes related to site development, including but not limited to the onsite stormwater drainage system and its connection to the municipal stormwater drainage system. The report shall note any improvements which deviate from original plans and indicate whether such deviation complies with City Code or, if not, recommendations for modifications necessary to comply with City Code. Note: particular attention shall be given to a revision related to the municipal stormwater inlet in the driveway of 306 Fillmore Avenue, to which the onsite stormwater drainage system is connected. In the original plan, a new storm inlet was to be located to the east of the old (original) inlet, but the revision called for the old inlet to remain in its original location. A connecting pipe size was changed to accommodate. 3. Request plans and confirmation on a date for FPL to remove overhead lines and reinstall all lines underground, consistent with City Code. City of Cape Canaveral, Florida January 24, 2024 City Council Special Meeting Minutes Page 3 of 3 4. Utilizing the Engineering Report (above), exercise available remedies to gain compliance on identified City Code -related deficiencies; and report status updates to the City Council. 5. City Manager and City Attorney present any findings and or opportunities in a report to be distributed to the City Council on ways the City can improve our Community Development Department. Mayor Morrison recessed the Meeting at 4:55 p.m.; the Meeting reconvened at 5:07 p.m. Discussion ensued regarding the properties at 116, 118 and 120 Jackson Avenue and included Code Enforcement Staff efforts to populate the BS&A database with complete documentation, focusing on the most recent year and working backwards, upcoming finalization of a Code Enforcement Officer Handbook that will include a flowchart and standardized procedures, public access to BS&A and related training videos, training and certification requirements for Code Enforcement officers, building reports with BS&A and what may or may not be able to be included in such reports. Council reached Consensus to request the following, regarding the properties at 116,118 and 120 Jackson Avenue, as amended from Mayor Morrison's submitted item summary: 1. Provide a Report showing all actions and correspondence related to Code Enforcement at 114, 116, 118 and 120 Jackson Avenue for the period from January 1, 2016 through January 24, 2024. The Report shall include all records available, whether generated by the City's BS&A software system or any other record storage method employed by the City's Code Enforcement Department. 2. Create and distribute Administrative Procedures reviewed and approved by our City Attorney complying with FL State Law and City Code to be followed by our City Code Enforcement Officers. 3. For our City Code Enforcement employees, provide a listing of: a. Required certifications, training and ongoing continuing education, and b. Achieved certifications, training and ongoing continuing education. 4. Distribute a monthly BS&A report of all open Code Enforcement Cases and an annual report of closed Code Enforcement Cases. Include other important data provided by BS&A such as date created, status, and or any other information necessary to monitor. 5. Present any findings and or opportunities to be distributed to the City Council on ways the City can improve our Community Development Department as it relates to Code Enforcement. Mayor Morrison permitted Peg Schaller additional time to speak. Ms. Schaller asked Council to expand its scope of its request for Code Enforcement records back to 2016, detailed an open violation for sewage, alleged months and years of inaction on Code Enforcement complaints, claimed increases in insurance premiums and difficulties with acquiring and maintaining insurance policies for her business as a result of the City's actions and inactions, and questioned whether the City's Code Enforcement officers engaged in practices of retaliation and sexism. ADJOURNMENT: The Special Meeting was adjourned at 5:32 p.m. GAiUA t, �v b� ''9� 1SL :2J Daniel LeFe • • p to ty Clerk aelpry.'3vt' es Morrison, Mayor ITEM # 16 City of Cape Canaveral John DeLeo, Administrative/Financial Director P.O. Box 326 Cape Canaveral, FL 32920 (321) 868-1230 (321) 868-1248 fax j.deleo@cityofcapecanaveral.org Memo TO: The Honorable Mayor and Members of the City Council VIA: Todd Morley, City Manager FROM: John DeLeo, Administrative/Financial Services Director DATE: July 23, 2024 RE: Monthly Financial Report —June 2024 Staff is pleased to present the Monthly Financial Report for the period ending June 30, 2024. At this point in the Fiscal Year, the Year -to -Date Actuals should be 75% of the total annual budget. Total General Fund Departmental costs are 2.2% below target. Administrative Services is running below target at 70.8%. Community Development/Code Enforcement/Economic Development is under target at 67%. Building Department is under target at 59.4%. Protective Services are over target by 8.9%. Fire Rescue is running above target by 4.7%. Parks Recreation/Community Affairs is .4% under target. Non -Departmental expenditures are below budgetary projections by 1.9%. The Community Redevelopment Agency (CRA) has incurred $1,214,371 of expenses for the current Fiscal Year. Wastewater Fund overall costs are under target at 13.7%. The Stormwater Fund is under target cost at 42.3%. The City's General Fund investments total $7,370,680.12; Special Revenue investments total $1,578,862.87; and Enterprise Fund investments total $1,153,664.39. The Grand total of all investments is $10,103,207.38. The Annual Rate of Return for each Investment is attached. If you have questions or wish anything additional, please contact me. City of Cape Canaveral Fund Narrative Period Ended June 30, 2024 Revenue (9th month of fiscal year = 75%) Ad Valorem Tax To date, the City has received 101.7% of budgeted 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 - April and accruals for May and June. This is slightly below target at 73.3%. Franchise Fees, Utility Service Taxes and Communications Service Tax This amount represents some actuals for October - April and some accruals for May and June. These are on target at 74.9%. Permits and Licenses Permits and Licenses are slightly above target at 78%. This will see greatest revenue in August/September when the BTR renewals are mailed out. State Shared Revenues These revenues are on target at 74.6%. This amount represents some actuals for October -June, 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 May and an accrual for June. These are above target at 88.9%. Recreation Fees (Leisure Services) Recreation Fees are below target at 59.6%. Investment Income Investment Income is above target at 120.2%. This is a direct result of a fluctuating market in the rate of return. Future events may affect current rate of return. Utility Operating Income (Wastewater Fund) This amount represents actual collections for October through May and an accrual for June. It is below target at 67%. Stormwater Utility Fees (Stormwater Fund) This amount represents actual collections for October through May and an accrual for June. It is on target at 74.9%. City of Cape Canaveral Statement of Revenues & Expenditures Period Ended June 30, 2024 GENERAL FUND REVENUE Cash Forward Cash Forward - R&R Ad Valorem Taxes Local Option Gas Tax Franchise Fees Utility Taxes Communications Service Tax Permits & Licenses Federal Grants State Grants State Shared Revenue Local Shared Revenue Charges for Services Garbage & Recycling Revenue Recreation Fees Fines & Forfeitures Interest Income Fire Hydrant Rental Fee Miscellaneous Revenue PAL Program Revenue Transfer from School Guard Crossing Fund Transfer from CRA Fund Contribution from Wastewater Fund Contribution from Stormwater Fund TOTAL REVENUES EXPENDITURE Legislative Administrative Services Comm Dev/Code Enf/Econ Development Protective Services Fire / Rescue Services Building Infrastructure Maintenance Resiliency Division Parks Recreation + Community Affairs Legal Services Solid Waste Debt Service Non -Departmental Contingency TOTAL EXPENDITURES FY 2023-2024 June 24 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL 5,446,700 200,000 6,260,562 358,000 985,500 1,376,750 424,000 678,475 956,500 75,000 1,112,700 134,875 106,868 1,514,195 307,700 18,350 249,450 89,950 50,500 25,000 2,100 1,114,173 847,564 19,566 2,962,580 6,365,277 262,277 724,551 1,113,846 298,544 529,362 830,194 134,875 27,733 1,345,538 183,423 4,899 299,914 57,861 48,475 39,826 786,815 635,673 14,675 54.4% 0.0% 101.7% 73.3% 73.5% 80.9% 70.4% 78.0% 0.0% 0.0% 74.6% 100.0% 26.0% 88.9% 59.6% 26.7% 120.2% 64.3% 96.0% 159.3% 0.0% 70.6% 75.0% 75.0% 4,085,025 150,000 4,695,422 268,500 739,125 1,032,563 318,000 508,856 717,375 56,250 834,525 101,156 80,151 1,135,646 230,775 13,763 187,088 67,463 37,875 18,750 1,575 835,630 635,673 14,675 22,354,478 16,666,337 74.6% 16,765,859 93,077 642,011 769,216 3,796,947 2,611,690 493,744 1,908,396 1,017,444 2,329,353 319,476 1,518,000 1,420,143 5,205,912 229,069 43,100 454,525 515,589 3,186,098 2,082,785 293,130 754,578 656,342 1,736,985 153,018 1,207,532 1,392,785 3,802,989 46.3% 70.8% 67.0% 83.9% 79.7% 59.4% 39.5% 64.5% 74.6% 47.9% 79.5% 98.1% 73.1% 0.0% 69,808 481,508 576,912 2,847,710 1,958,768 370,308 1,431,297 763,083 1,747,015 239,607 1,138, 500 1,065,107 3,904,434 171,802 22,354,478 16,279,454 72.8% 16,765,859 Excess of Revenues Over/ (Under) Expenditures 386,882 Page 1 of 7 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended June 30, 2024 POLICE EDUCATION FUND REVENUE Police Education Income Interest Income TOTAL REVENUES EXPENDITURE Education & Training Contingency TOTAL EXPENDITURES FY 2022-2023 June 24 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL 1,140 661 58.0% 855 204 245 120.1% 153 1,344 906 67.4% 1,008 1,344 0.0% 1,008 1,344 0.0% 1,008 Excess of Revenues Over/ (Under) Expenditures 906 FIRE PROTECTION FUND REVENUE Cash Forward R&R Interest Income TOTAL REVENUES EXPENDITURE Contingency TOTAL EXPENDITURES Excess of Revenues Over/ (Under) Expenditures FY 2022-2023 June 24 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL 540 0.0% 405 540 0.0% 405 540 0.0% 405 540 0.0% 405 Page 2 of 7 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended June 30, 2024 SCHOOL CROSSING GUARD FUND REVENUE Cash Forward Parking Fine Surcharge TOTAL REVENUES EXPENDITURE Transfer to General Fund Contingency TOTAL EXPENDITURES FY 2022-2023 June 24 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL 1,400 0.0% 1,050 700 310 44.3% 525 2,100 310 14.8% 1,575 2,100 0.0% 1,575 0.0% 2,100 0.0% 1,575 Excess of Revenues Over/ (Under) Expenditures 310 1 LIBRARY FUND REVENUE Ad Valorem Taxes Interest Income TOTAL REVENUES EXPENDITURE Operating Expenses Capital Purchases Contingency TOTAL EXPENDITURES FY 2022-2023 June 24 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL 78,019 79,414 101.8% 58,514 5,400 7,135 132.1% 4,050 83,419 86,549 103.8% 62,564 34,475 30,000 18,944 38,582 19,086 5,000 111.9% 63.6% 26.4% 25,856 22,500 14,208 83,419 62,668 75.1% 62,564 Excess of Revenues Over/ (Under) Expenditures 23,881 Page 3 of 7 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended June 30, 2024 CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY REVENUE Cash Forward Shared Revenue from Cape Canaveral Shared Revenue from Brevard County Interest Income Transfer from General Fund TOTAL REVENUES EXPENDITURE Operating Expenses Capital Purchases Debt Service Transfer to General Fund Contingency TOTAL EXPENDITURES FY 2022-2023 June 24 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL 1,383,417 1,217,800 2,500 150,000 1,383,417 1,217,800 6,145 22,012 100.0% 100.0% 245.8% 14.7% 1,037,563 913,350 1,875 112,500 2,753,717 2,629,375 95.5% 2,065,288 157,215 728,000 866,496 300,000 702,006 51,086 324,147 839,138 32.5% 44.5% 96.8% 0.0% 0.0% 117,911 546,000 649,872 225,000 526,505 2,753,717 1,214,371 44.1% 2,065,288 Excess of Revenues Over/ (Under) Expenditures 1,415,003 Page 4 of 7 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended June 30, 2024 IMPACT FEES FUND REVENUE Interest from Investment Impact Fees - Police Impact Fees - Fire/Rescue Impact Fees - Transportation Impact Fees - Parks/Recreation Impact Fees - General Government Impact Fees - Aerial Fire Truck Impact Fees - Library Transfer in from General Fund TOTAL REVENUES EXPENDITURE Contingency TOTAL EXPENDITURES FY 2022-2023 June 24 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL 17,216 0.0% - 19,250 20,270 105.3% 14,438 3,376 3,631 107.5% 2,532 0.0% - 22,700 23,945 105.5% 17,025 15,850 16,702 105.4% 11,888 9,520 9,901 104.0% 7,140 12,000 12,645 105.4% 9,000 499,028 0.0% - 82,696 603,338 729.6% 62,022 82,696 0.0% 62,022 82,696 0.0% 62,022 Excess of Revenues Over/ (Under) Expenditures 603,338 LAW ENFORCEMENT TRUST FUND REVENUE Interest - State Transfer from General Fund TOTAL REVENUES EXPENDITURE School Resource Officer TOTAL EXPENDITURES FY 2022-2023 June 24 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL 40 35 87.6% 30 11,073 11,073 100.0% 8,305 11,113 11,108 100.0% 8,335 11,113 5,557 50.0% 8,335 11,113 5,557 50.0% 8,335 Excess of Revenues Over/ (Under) Expenditures 5,552 Page 5 of 7 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended June 30, 2024 WASTEWATER ENTERPRISE FUND REVENUE Cash Forward Federal Grant Utility Operating Income Utility Penalty Income Sewer Assessment Fees Reuse Hook -Up Fees Reclaimed Water Revenue Investment Income Sale of Fixed Assets Transfer from General Fund Transfer from CRA Fund SRF Loan Proceeds Miscellaneous Income Insurance Claims TOTAL REVENUES EXPENDITURE Personal Services Operating Expenses Debt Service Capital Purchases Insurance Claims Contribution to General Fund Contingency TOTAL EXPENSES FY 2022-2023 June 24 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL 300,000 127,500 5,519,082 70,000 84,000 2,925 91,650 7,200 500 1,400,000 52,323 1,320,000 2,000 150,000 3,695,208 56,883 90,370 68,986 13,490 1,019,240 52,323 456,310 2,318 114,882 50.0% 225,000 0.0% 95,625 67.0% 4,139,312 81.3% 52,500 107.6% 63,000 0.0% 2,194 75.3% 68,738 187.4% 5,400 0.0% 375 72.8% 1,050,000 100.0% 39,242 34.6% 990,000 115.9% 1,500 0.0% 8,977,180 5,720,010 63.7% 6,732,885 1,970,298 1,658,749 710,040 3,747,500 847,564 43,029 1,489,478 959,270 562,040 1,922,571 108,143 635,673 75.6% 57.8% 79.2% 51.3% 0.0% 75.0% 0.0% 1,477,724 1,244,062 532,530 2,810,625 635,673 32,272 8,977,180 5,677,175 63.2% 6,732,885 Excess of Revenues Over/ (Under) Expenses 42,835 Page 6 of 7 REVENUE Cash Forward Grants Stormwater Utility Fees Miscellaneous Income Investment Income Transfer from General Fund TOTAL REVENUES City of Cape Canaveral Statement of Revenues & Expenditures Period Ended June 30, 2024 STORMWATER ENTERPRISE FUND FY 2022-2023 June 24 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL 301,500 580,000 1,087,800 4,500 917,500 0.0% 226,125 0.0% 435,000 814,306 74.9% 815,850 666 0.0% - 8,767 194.8% 3,375 411,607 0.0% 688,125 2,891,300 1,235,345 42.7% 2,168,475 EXPENDITURE Personal Services 383,327 256,075 66.8% 287,495 Operating Expenses 332,520 116,527 35.0% 249,390 Capital Purchases 1,986,500 558,807 28.1% 1,489,875 Contribution to General Fund 19,566 14,675 75.0% 14,675 Contingency 169,387 0.0% 127,040 TOTAL EXPENSES 2,891,300 946,083 32.7% 2,168,475 Excess of Revenues Over / (Under) Expenses 289,262 Page 7 of 7 Florida State Treasury - Special Purpose Investment Account (SPIA) & FL SAFE As of June 30, 2024 Funds were invested with the State of Florida Division of Treasury, with a rate of return 3.59% Interest earned for the month: General Fund Committed (Constrained by Council) Expansion Recreation Expansion Police A1A Replenishment Capital Equipment Renewal & Replacement Total Committed Assigned - General Fund Emergency Reserve Unassigned Total General Fund SPIA Investments Florida Safe General Fund Emergency Reserve Florida Safe Note 2021 Florida Safe ARPA Reserve Total General Fund Florida Safe Investments Avg Monthly Rate 5.394%: ■ Total General Fund Investments: Special Revenue Funds Restricted (by outside party) Police Education Fund Library Fund Impact Fees Law Enforcement Trust Fund Total Restricted $ 33,431.35 46,332.08 35,078.05 48,000.00 245,012.76 $ 374,422.89 $ 1,495,349.01 $ 546,489.58 $ 2,416,261.49 1,793,927.41 194,627.36 2,965,863.86 4,954,418.63 7,370,680.12 13,094.54 367,160.43 1,196,734.19 1,873.71 $ 1,578,862.87 * Total Special Revenue Fund SPIA Investments: 1,578,862.87 Enterprise Funds Wastewater Fund: Wastewater General - Unrestricted Wastewater Fund Renewal & Replacement Stormwater Fund: Stormwater Fund - Unrestricted Stormwater Fund Renewal & Replacement 250,000.00 397,447.47 $ 647,447.47 250,000.00 256,216.92 $ 506,216.92 Total Enterprise Fund SP)A,ipvestm TOTAL SPIA & FLSAFE INVESTMENTS 10,103,207.38 FY 23-24 GENERAL FUND CIP GREATER THAN $100,000 SUMMARY JUNE 30, 2024 CIP # GENERAL FUND FY 2023-24 BUDGET FY 2023-24 ACTUAL DIRECTOR NOTES INFRASTRUCTURE MAINTENANCE IM - 6 BCSO Solar Array 180,000 - Project start pending acquisition of Hazard Mitigation Grant Program (HMGP) - Hurricane Nicole funding. HMGP funding will cover 75% of the project's costs. IM - 7 Oak Lane Improvements 250,000 4,450 Project out to bid for second time, bids due August 8, 2024 IM - 9 Bike Lane Striping 50,000 11,525 Project 100% complete IM - 10 C5 Energy Storage Project 110,000 - Project start pending acquisition of Hazard Mitigation Grant Program (HMGP) - Hurricane Ian funding. HMGP funding will cover 75% of the project's costs. IM - 12 Portable Generator 110,000 - Project start pending acquisition of Hazard Mitigation Grant Program (HMGP) - Hurricane Ian funding. HMGP funding will cover 75% of the project's costs. RESILIENCY DIVISION RD - 2 Veterans Memorial Park Low Impact Development Enhancement 525,000 337,679 Project Completed RD - 3 Public EV Charging Station Upgrade 120,000 110,643 Project 100% completed and all EV charging stations activated on December 6, 2023. PARKS RECREATION + COMMUNITY AFFAIRS PRCA - 11 Veterans Memorial Park Redevelopment 750,000 677,140 Ongoing - Project 99% complete, grand opening set for Thursday, July 18., awaiting as-builts for last payment (retainage). TOTAL GENERAL FUND $ 2,095,000 $ 1,141,437 FY 23-24 CRA CIP GREATER THAN $100,000 SUMMARY JUNE 30, 2024 CIP # CRA FY 2023-24 BUDGET FY 2023-24 ACTUAL DIRECTOR NOTES CR-2 Civic Hub 150,000 64,187 Design ongoing - Stormwater Chamber alanlysis complete - proposing price and scope for engineering. CR-4 Presidential Streets 300,000 1,500 Council received the Presidential Streets Master Plan Phase II One-way Study via Kimley Horn & Associates at the April 16 regular meeting - Proposing price and scope for engineering of Fillmore Avenue as the first street to be redeveloped. Awaiting engineers proposal for additional request from the council. CR-8 CAPE Center Fire Alarm 13,000 58,544 Project completed. TOTAL CRA $ 463,000 $ 124,231 FY 23-24 WASTEWATER CIP GREATER THAN $100,000 SUMMARY JUNE 30, 2024 CIP # WASTEWATER ENTERPRISE FUND FY 2023-24 BUDGET FY 2023-24 ACTUAL DIRECTOR NOTES WW-14 Sanitary Sewer GIS Mapping 100,000 9,357 10% Complete. WW-16 Clarifier Replacement 1,400,000 1,019,240 Project roughly 98% complete, completion anticpated end of July 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 - Council approved in July 2024 council meeting, awaiting PO for them to start plans and bidding services. WW-21 Lift Station Replacements (#5) 570,000 419,223 100% complete WW-22 Pump Enclosure Structures 750,000 357,175 Project is 35% complete, awaiting approved drawings on three buildings. WW-23 Resilience Operations Utility Energy Backup System 170,000 - Project start pending acquisition of Hazard Mitigation Grant Program (HMGP) - Hurricane Nicole funding. HMGP funding will cover 75% of the project's costs. TOTAL WASTEWATER ENTERPRISE FUND $ 3,290,000 $ 1,804,995 FY 23-24 STORMWATER CIP GREATER THAN $100,000 SUMMARY JUNE 30, 2024 CIP # STORMWATER ENTERPRISE FUND FY 2023-24 BUDGET FY 2023-24 ACTUAL DIRECTOR NOTES SW-2 Central Ditch Improvements 450,000 - Project moved to the FY25-26 budget SW-6 Oak Lane Improvements 300,000 42,250 Project out to bid for second time, bids due August 8, 2024 SW-7 Center Street Basin Improvements 935,000 420,479 Project about 70% complete, Project should rap up in the first couple weeks of August. SW-10 Portable SW Pump 160,000 - Moved to the FY 24-25 budget TOTAL STORMWATER ENTERPRISE FUND $ 1,845,000 $ 462,729