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HomeMy WebLinkAboutcocc_council_mtg_packet_20241119_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA November 19, 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 MAYORAL OATH OF OFFICE APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS All Agenda Section times are estimates and subject to change. ELECTION OF THE MAYOR PRO TEM PRESENTATIONS/INTERVIEWS 1 6:10 p.m. - 6:20 p.m. Canaveral Fire Rescue and Brevard County Sheriff's Office Hurricane Milton appreciation presentation. Presentation of Special Recognition to OG Enterprises and Canaveral Meats & Deli for their support and contributions to the City of Cape Canaveral and the Brevard County's Sheriff's Office National Night Out event. PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. CONSENT AGENDA 1 6:35 p.m. — 6:40 p.m. 1. Approve Minutes for the October 7, 2024 Emergency Meeting. 2. Approve Minutes for the October 15, 2024 Regular Meeting. 3. Resolution No. 2024-18; adopting a cybersecurity standard in accordance with Section 282.3185(4), Florida Statutes; providing for notification to the Florida Digital Service; providing for repeal of prior inconsistent resolutions, severability and an effective date. 4. Approve BS&A Software and Services Cloud Upgrade proposal in the amount of $71,435 in FY24/25 and $52,635 on 10/1/25 and thereafter to migrate from legacy on -premises solution to cloud -based solution, and authorize the City Manager to execute same. 5. Approve the proposed 2025 City Council Regular and Budget Meeting Schedule. 6. Reappoint Community and Economic Development Director Brianna Soat as the City's Representative on the Space Coast Transportation Planning Organization (SCTPO) Technical Advisory Committee and City resident Harry Ruffel as the North Beaches Coalition Alternate on the SCTPO Citizens' Advisory Committee for Calendar Year 2025. City of Cape Canaveral, Florida City Council Regular Meeting • November 19, 2024 Agenda • Page 2 of 2 PUBLIC HEARINGS 1 6:40 p.m. — 7:00 p.m. 7. Ordinance No. 20-2024; amending Chapter 82 Buildings and Building Regulations to adopt regulations to allow the construction and installation of rooftop amenities on multifamily, mixed -use, and commercial buildings which satisfy the requirements set forth in this Ordinance; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading. 8. Ordinance No. 21-2024; amending Section 54-7 of the City Code related to hours of operation and general use of City parks for City electric vehicle charging stations; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability, and an effective date, second reading. ITEM FOR ACTION 1 7:00 p.m. — 7:05 p.m. 9. Appoint a Council Member as the 2025 Alternate Delegate to the Space Coast Transportation Planning Organization Governing Board, representing the North Beaches Coalition. UNFINISHED BUSINESS 1 7:05 p.m. — 7:25 p.m. 10. Discussion on City of Cape Canaveral Code Enforcement Metrics and any applicable policies (Submitted by Mayor Morrison) [Postponed from October 15, 2024] 11. Update to the January 24, 2024 Special Council Meeting. [Postponed from October 15, 2024] ITEMS FOR DISCUSSION 17:25 p.m. — 7:55 p.m. 12. Discuss and provide direction on implementing an Emergency Action Policy for using City owned equipment on private property. 13. Discussion to address the concerns of neighbors of 243 Coral Drive in the Harbor Height subdivision. (Submitted by Mayor Pro Tem Kellum) 14. Discussion on City Charter Review (Submitted by Mayor Morrison) REPORTS 1 7:55 p.m. — 8:10 p.m. INFORMATIONAL I Item presented for informational purposes only; no action to be taken. 15. Monthly Financial Report — September 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. OATH OF OFFICE I, Wes Morrison, do solemnly swear that I will support, protect and defend the Constitution of the United States of America and of the State of Florida and the Charter and Ordinances of the City of Cape Canaveral, Florida; and that I am entitled to hold office in the City of Cape Canaveral, Florida; and that I will faithfully perform all of the duties of the Office of Mayor of the City of Cape Canaveral. So help me God. ATTEST: Mia Goforth, CMC CITY CLERK/ASSISTANT TO THE CITY MANAGER WES MORRISON Oath administered by: Anthony A. Garganese CITY ATTORNEY on this 19th day of November 2024 CERTIFICATE OF ELECTION STATE OF ;� o9 CITY OF CAPE FLORIDA -,- CANAVERAL CITY OF CAPE CANAVERAL This is to Certify That: WES MORRISON having been duly elected to the Office of Mayor on the 5th day of November, 2024 A.D., in and for the City of Cape Canaveral, in the County of Brevard, and State of Florida, to have and to hold said Office for a term of Three (3) Years, from the election in November 2024 to the election in November 2027, is hereby commissioned and invested with the authority to assume and perform all duties of said Office according to Law and the Ordinances of said City. F.S. 102.155 Certificate of election. — The supervisor shall give to any person the election of whom is certified by the county canvassing board a certificate of the person's election. The Department of State shall give to any person the election of whom is certified by the state canvassing board a certificate of the person's election. The certificate of election which is issued to any person shall be prima facie evidence of the election of such person. In Testimony Whereof this Certificate is signed by the Clerk of the City of Cape Canaveral, Florida, and the Corporate Seal thereof affixed this __ day of November, 2024 A.D. Mia Goforth, CMC - City Clerk/ Assistant to the City Manager CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 19, 2024 AGENDA ITEM SUMMARY Subject: Election of the Mayor Pro Tem Department: City Clerk's Office Summary: Section 2.03(b) of the City Charter and Section 2-62 of the City Code detail the requirement, timing and purpose of City Council electing a Mayor Pro Tem (MPT) annually. The duties of the MPT include presiding over City Council Meetings in the Mayor's absence, assisting or standing -in for the Mayor for ceremonial activities of the City, and attending functions hosted by other government agencies, local businesses and associations. The City Council serve as the members of the Community Redevelopment Agency (CRA) Board. Therefore, the Mayor and MPT serve as the Chair and Vice Chair of the CRA Board, respectively. Staff suggests Council follow the established method to nominate and elect this year's MPT: 1. The Mayor and each Council Member individually place a check on their MPT Nomination Slip (see Attachment), indicating their choice for MPT nomination. 2. All Slips shall be handed to the City Attorney, who will then read -off the nominations. 3. a. If a Member receives three or more nominations, and accepts the nomination, said Member shall be the nominee. b. If one Member receives two nominations, with no other Member receiving two or more, and accepts the nomination, said Member shall be the nominee. c. If two Members each receive two nominations, and both accept nomination, a second round of nominations, limited to those two, will be conducted via cards. Whoever receives three nominations in the second round shall be the nominee. 4. Should a Member not accept the nomination, any nominations for them shall be considered void and the Member with the next highest, or equal, number of nominations shall be the nominee. If need be, the process may be redone, excluding said Member as a choice. 5. A roll -call vote shall be held for appointment of the nominee as MPT. City Council may utilize this method or determine an alternate method of its choice. Submitting Department Director: Mia Goforth Attachment: Proposed MPT Nomination Slip 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: Elect a MPT through the nomination method of City Council's choice. Approved by City Manager: Todd Morley MAYOR WES MORRISON Vote once for Mayor Pro Tem nomination ❑ Kim Davis ❑ Kay Jackson ❑ Mickie Kellum ❑ Don Willis COUNCIL MEMBER KIM DAVIS Vote once for Mayor Pro Tem nomination ❑ Kim Davis ❑ Kay Jackson ❑ Mickie Kellum ❑ Don Willis COUNCIL MEMBER KAY JACKSON Vote once for Mayor Pro Tem nomination ❑ Kim Davis ❑ Kay Jackson ❑ Mickie Kellum ❑ Don Willis COUNCIL MEMBER MICKIE KELLUM Vote once for Mayor Pro Tem nomination ❑ Kim Davis ❑ Kay Jackson ❑ Mickie Kellum ❑ Don Willis COUNCIL MEMBER DON WILLIS Vote once for Mayor Pro Tem nomination ❑ Kim Davis ❑ Kay Jackson ❑ Mickie Kellum ❑ Don Willis CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 19, 2024 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Canaveral Fire Rescue and Brevard County Sheriff's Office Hurricane Milton appreciation presentation. Department: Community and Economic Development — Resilience Division Summary: The City of Cape Canaveral (City) experienced impacts from Hurricane Milton that required numerous preparation and recovery activities over multiple days. The storm made landfall near Siesta Key, Florida at a Category 3 on the evening of Wednesday, October 9, 2024. From there, the storm moved eastward over Central Florida and into Brevard County by the morning of Thursday, October 10, as a Category 1. Milton exited the state over Cape Canaveral, bringing instances of high winds, extreme rainfall, and nearby tornadoes within the vicinity of the City over a period of about 48 hours. Canaveral Fire Rescue (CFR) and Brevard County Sheriff's Office (BCSO) personnel performed near continuous operations throughout Hurricane Milton, and for many subsequent days afterwards, to ensure the safety and security of the City's residents and its infrastructure; even as weather conditions worsened. Such operations included patrols of City roadways to ensure that they were clear of fallen debris, monitoring storm drains for blockages, performing resident wellness checks, and relaying up-to-date information to the City's Emergency Operations Team, amongst others. The City would like to thank all of its first responders for their dedication and bravery to the Community during this storm event. Submitting Department Director: Zachary Eichholz Attachments: 1. Canaveral Fire Rescue Certificate of Appreciation 2. Brevard County Sheriff's Office Certificate of Appreciation 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 Certificate of Appreciation. Approved by City Manager: Todd Morley CERTIFICATE OF APPRECIATION This certificate is proudly presented to Canaveral Fire Rescue in grateful recognition of outstanding public service to the City of Cape Canaveral for unwavering dedication and bravery to the community during the events of Hurricane Milton. November 19, 2024 Mayor City Clerk ry4ACEA1Vd /!\ r 11 CITY OF CAPE CANAVERAL CERTIFICATE OF APPRECIATION This certificate is proudly presented to the Brevard County Sheriff's Office in grateful recognition of outstanding public service to the City of Cape Canaveral for unwavering dedication and bravery to the community during the events of Hurricane Milton. November 19, 2024 Mayor City Clerk ry4ACEA1Vd /!\ r 11 CITY OF CAPE CANAVERAL CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 19, 2024 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Presentation of Special Recognition to OG Enterprises and Canaveral Meats & Deli for their support and contributions to the City of Cape Canaveral and the Brevard County's Sheriff's Office National Night Out event. Department: Brevard County Sheriff's Office/Canaveral Precinct Summary: Each year the Brevard County Sheriff's Office (BCSO) in cooperation with the City of Cape Canaveral, participates in the annual National Night Out event at the City of Cape Canaveral's Community Center. National Night Out is an annual community -building campaign that promotes police -community partnerships and neighborhood camaraderie to make our neighborhoods safer, more caring places to live. National Night Out enhances the relationship between neighbors and law enforcement while bringing back a true sense of community. Furthermore, it provides a great opportunity to bring police and neighbors together under positive circumstances. This event would not be successful without the cooperation and support of local businesses in the community who believe in this campaign. This year, we would like to recognize two of those local businesses that partnered with us in achieving our mission. Canaveral Meats & Deli have partnered with us for many years. Each year they provide food and refreshment items for the event. OG Enterprises donated $1,000.00 for this year's event to help cover the cost of entertainment and kid -friendly activities. The City and the BCSO applaud the support of these businesses. Mayor Morrison, BCSO Commander Keck, and BCSO Lieutenant Scott Molyneaux will present Special Recognition plaques to both OG Enterprises and Canaveral Meats & Deli. Submitting By: Commander Byron Keck Attachment: 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: Present plaques of Special Recognition. Approved by City Manager: Todd Morley ITEM # 1 DRAFT CAPE CANAVERAL CITY COUNCIL EMERGENCY MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Monday October 7, 2024 5:00 P.M. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:00 p.m. Mayor Pro Tem Kellum led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Council Member Mayor Pro Tem Mayor Council Member Kim Davis Kay Jackson Mickie Kellum Wes Morrison Don Willis Others Present: City Manager City Attorney City Clerk Administrative/Financial Services (AFS) Director AFS Manager AFS IT Manager Capital Projects Director Community & Economic Development (C+ED) Dep. Director C+ED Chief Resilience Mgr./Emergency Ops. Coordinator Deputy City Clerk Executive Assistant to the City Manager/Office Manager Parks, Recreation + Community Affairs (PRCA) Director Public Works Services (PWS) Director PWS Infrastructure Maintenance Manager Brevard County Sheriff's Officer Commander Canaveral Fire Rescue Assistant Chief Canaveral Fire Rescue Battalion Chief Todd Morley Anthony Garganese (via phone) Mia Goforth John DeLeo Cheryl Puleo Michael Schaffer Tim Carlisle Brian Palmer Zachary Eichholz Daniel LeFever Lisa Day Molly Thomas June Clark David Coulter Byron Keck Jeff Crawley Phil Butler ITEM FOR ACTION: 1. Resolution No. 2024-16; declaring a State of Emergency due to impending disaster conditions and the potential of Hurricane Milton to cause extensive damage to life and City of Cape Canaveral, Florida DRAFT City Council Emergency Meeting - October 7, 2024 Minutes - Page 2 of 2 property within the City of Cape Canaveral; providing for repeal of prior inconsistent resolutions; providing for severability; and providing an effective date: Mayor Morrison read the title of the Resolution into the record. Discussion ensued. Council reached consensus to strike the words "at least" and substitute "no more than" under Section 5. Duration, and insert the words "up to" after the word "in" and before the word "seven" under Section 2. (5) Request for Assistance. Discussion continued. A motion was made by Council Member Willis, seconded by Council Member Davis, to adopt Resolution No. 2024-16, with amendments. Chief Resilience Manager/Emergency Operations Coordinator Eichholz discussed the City's pre -storm and post -storm recovery plan in coordination with first responders, Florida Department of Transportation, and the Brevard County Emergency Operations Center. City Manager Morley discussed the City's sand bag distribution plan, and the plan to close City facilities from noon on Tuesday, October 8, 2024 and reopen Friday, October 11, 2024 at 8:30 a.m. C+ED Deputy Director Palmer discussed Staff's plan to encourage property owners to clean up and secure trash/debris pre -storm. Discussion ensued. Council reached consensus to provide a two-way radio for the Mayor and/or Council Member use, and produce a list of the Staff members who have two- way radios for emergency communications. The motion carried 5-0. There being no further business, the Meeting adjourned at 6:00 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk/ Assistant to the City Manager ITEM # 2 DRAFT CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoTo webinar Tuesday October 15, 2024 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Council Member Jackson led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Mayor Pro Tem Mayor Council Member Kay Jackson Mickie Kellum Wes Morrison Don Willis (via phone) Council Member Absent: Council Member Kim Davis Others Present: City Manager City Attorney City Clerk/Assistant to the City Manager Administrative/Financial Services (AFS) Director AFS Manager AFS Financial & Resource Analyst AFS IT Manager Community & Economic Development (C+ED) Director C+ED Deputy Director/Code Enforcement Manager C+ED Building Official Human Resources/Risk Management Director Parks, Recreation + Community Affairs (PRCA) Director Public Works Services (PWS) Director PWS Deputy Director Brevard County Sheriff's Officer Lieutenant Canaveral Fire Rescue Chief Todd Morley Anthony Garganese Mia Goforth John DeLeo Cheryl Puleo Donna Getz Michael Schaffer Brianna Soat Brian Palmer Robert Doobovsky Natalie Harmon Molly Thomas June Clark Jessica Erdman Scott Molyneaux Dave Sargeant APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Jackson, to approve the Agenda as written, and moving Item 11 after Item 13. The motion carried 4-0, with Council Member Davis absent. PRESENTATIONS/INTERVIEWS: Presentation to the Financial Services Department of the Certificate of Achievement for Excellence in Financial Reporting Fiscal Year ending September 30, 2023: Mayor Morrison explained the Item and presented the Certificate to AFS Director DeLeo, AFS Manager Puleo and AFS Financial & Resource Analyst Getz. Director DeLeo commended AFS Staff for their achievements, and thanked the City Council. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • October 15, 2024 Minutes • Page 2 of 5 Presentation of Florida International University Certificate of Online Course Completion to Council Member Kay Jackson: Mayor Morrison explained the Item and presented the Certificate to Council MemberJackson. Council MemberJackson discussed the importance of the City's cyber security, and thanked the City Council. Interview City resident Harry Ruffel for consideration of appointment as the City's representative on the Space Coast Transportation Planning Organization's Citizens Advisory Committee. City Attorney Garganese confirmed that the information provided by Mr. Ruffel was true and correct. Mr. Ruffel discussed his background and desire to serve on the Committee, which he was invited to volunteer for by Council Member Willis. Council addressed and thanked Mr. Ruffel. Mayor Morrison apologized to Council Member Willis for the technical difficulties he experienced while trying to participate in the Meeting via webinar. City Clerk Goforth noted Council Member Willis may try to join via telephone. PUBLIC PARTICIPATION: Shannon Roberts, resident, property and business owner, expressed thanks to the City Council, Staff, Florida Power and Light and Spectrum for support during Hurricanes Helene and Milton, and announced the League of Women Voters of the Space Coast Mayoral Candidates Forum scheduled for Monday, October 21, 2024, from 6:30 p.m. to 8:00 p.m., at the Cape Canaveral Library. John Benton, visitor, discussed a Code reduction hearing. Staff connected with Council Member Willis via cell phone and placed it in front of a microphone. Peg Schaller, resident, property and business owner, discussed support for Agenda Item 8 related to rooftop amenities, and preference to listen first to Agenda Item 13 Update to the January 24, 2024 Special Council Meeting, and then speak afterwards. Bill Skinner, resident, expressed thanks to Mayor Morrison, and frustration toward the City Manager for not providing help to alleviate flooding on the mobile home park property, Cape Canaveral Mobile Estates. Mr. Skinner discussed code violations, stormwater run-off, the City's drainage ditch not being maintained, and not receiving help for mosquitos due to the standing water. Gail Clarke, resident, thanked Mayor Morrison for checking on Cape Canaveral Mobile Estates residents, discussed water drainage issues caused by drainage from adjacent properties and due to the City's drainage ditch not being maintained for years, emergency vehicles unable to gain access, and the danger to the citizens of the mobile home park. CONSENT AGENDA: Council Member Jackson removed Item 4. Discussion ensued. City Attorney Garganese advised that if the Council is going to have detailed discussion regarding system implementation and specifications, Florida Law permits doing so outside of a public meeting as cybersecurity information is confidential and exempt from public record, and further advised that Council may remove the Item and the City Clerk would have to follow-up to make the appropriate arrangements to have a separate discussion on this Item. Discussion ensued. Council reached consensus to remove and postpone Item 4 to a City Council Cybersecurity Meeting, which would be exempt from the public due to the cybersecurity confidentiality provision under Florida Statutes. 1. Approve Minutes for the September 17, 2024 Regular Meeting/Second Budget Hearing. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • October 15, 2024 Minutes • Page 3 of 5 2. Resolution No. 2024-15; reappointing members to the Business and Economic Development Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Dawn Mays and Tom Hermansen) 3. Approve the Interlocal Agreement governing the Regional Opioid Settlement Funds Between Brevard County and the City of Cape Canaveral and authorize the Mayor to execute the same. 4. Approve BS&A Software and Services Cloud Upgrade proposal in the amount of $71,435 in FY24/25 and $52,635 on 10/1/25 and thereafter to migrate from legacy on -premises solution to cloud -based solution, and authorize the City Manager to execute same. 5. Appoint City resident Harry Ruffel as the City's representative on the Space Coast Transportation Planning Organization's Citizens Advisory Committee for the remainder of Calendar Year 2024. 6. Appoint Community and Economic Development Director Brianna Soat as the City's voting representative on the Space Coast Transportation Planning Organization's Technical Advisory Committee for the remainder of Calendar Year 2024. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to approve Consent Agenda Items 1,2,3,5 and 6, and removing Item 4. Motion carried 4-0, with Council Member Davis absent. PUBLIC HEARINGS: 7. Resolution No. 2024-14; related to the "Live Local Act Property Tax Exemption"; providing that pursuant to the authority granted to the City of Cape Canaveral in accordance with Section 196.1978(3)(o), Florida Statutes, the City of Cape Canaveral has elected to not exempt certain real property under Section 196.1978(3)(d)1.a., Florida Statutes, from ad valorem taxes; providing for repeal of prior inconsistent resolutions, severability and an effective date: City Attorney Garganese read the title into the record and explained the Item would need at least a two-thirds affirmative vote to pass. Discussion ensued. The Public Hearing was opened. Shannon Roberts, resident, property and business owner, requested clarification during discussion whether this is one of the incentives to bring affordable housing into the City, indicating an assumption that the City is affordable housing -friendly. The Public Hearing was closed. City Attorney Garganese discussed eligibility requirements for the exemption based on the Shimberg Center for Housing Studies 2023 Annual Report. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Jackson, to adopt Resolution No. 2024-14. The motion carried 4-0, with Council Member Davis absent. 8. Ordinance No. 20-2024; amending Chapter 82 Buildings and Building Regulations to adopt regulations to allow the construction and installation of rooftop amenities on multifamily, mixed -use, and commercial buildings which satisfy the requirements set forth in this Ordinance; 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. Discussion ensued. The Public Hearing was opened. Peg Schaller, resident, property and business owner, inquired about signage placement, the protective and structural barrier, music, and visibility provisions in the draft Ordinance. Shannon Roberts, resident, property and business owner, requested an example of a beachside business in Brevard County for clarity on the Item, and inquired where the initiative originated. Jon Rohweder, property and business owner, introduced himself as a representative of the new Hyatt Place, and explained the idea being discussed over the past year and a half with Staff and the Planning and Zoning Board, and noted there being interest from visitors and other hotels in the area. The Public City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • October 15, 2024 Minutes • Page 4 of 5 Hearing was closed. Discussion ensued. Council reached consensus for Staff to revise draft Ordinance 20-2024 based on Council discussion regarding the regulations for maximum square footage, maximum sizes of both open-air and covered structures, signage, safety barriers, noise regulations, and visibility from the street. A motion was made by Mayor Pro Tem Kellum, seconded by Mayor Morrison, to adopt Ordinance No. 20-2024, with revisions and changes as discussed, at first reading. The motion carried 4-0, with Council Member Davis absent. Mayor Morrison recessed the Meeting at 8:35 p.m. The Meeting reconvened at 8:51 p.m. 9. Ordinance No. 21-2024; amending Section 54-7 of the City Code related to hours of operation and general use of City parks for City electric vehicle charging stations; 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, explained the Item, and suggested Resolution No. 2024-08 be revised with conforming amendments, and paired with the second reading of the draft Ordinance. Community and Economic Development Director Soat discussed messaging and outreach on social media, the Weekly Update, City Website, wayfinding app, digital marquee, and notification to hoteliers and condominiums. The Public Hearing was opened. Shannon Roberts, resident, property and business owner, discussed concerns regarding the Banana River Park charging location relative to handicap parking ADA requirements. City Manager Morley directed Staff to follow-up. Discussion ensued. The Public Hearing was closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to adopt Ordinance No. 19-2024, at first reading. Discussion ensued. Council reached consensus for Staff to return with an amended resolution as discussed, conduct digital outreach only, and holding off on notifying hotels for the time being. Council Member Jackson shared charging app data through April, May and June, which also appeared in the City Council Regular Meeting Agenda Packet for July and appears in under Item 15 of this Meeting. The motion carried 4-0, with Council Member Davis absent. 10. Consideration of Cape View Coastal (Parcel #24-37-23-CG-11-1) Preliminary Plat Approval with Conditions: City Manager Morley and Community and Economic Development Director Soat both explained/discussed the Item. City Attorney Garganese discussed the process moving forward if approved. Discussion ensued. City Manager Morley directed Staff to work with the City Attorney to amend the City Code's six-month expiration provision for Preliminary Plat approval. The Public Hearing was opened. Noel Droor, Professional Engineer with Droor & Associates, Inc. and representing Applicant John Dismore, discussed the Cape View Coastal Drainage Plan's compliance with City Code and the St. Johns River Water Management District requirements. Discussion ensued. Representatives from Kimley Horn and Associates, City Engineers, indicated they reviewed the site plan for compliance. Discussion continued. The Public Hearing was closed. City Manager Morley read the four conditions recommended for Council approval. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to extend the Meeting to 10:30 p.m. The motion carried 4-0, with Council Member Davis absent. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Jackson, to approve the Cape View Coastal Preliminary Plat with Conditions. The motion carried 4-0, with Council Member Davis absent. Discussion ensued. City Manager Morley suggested the possibility of updates to the City Code related to future development and stormwater with the assistance of City Engineers. ITEMS FOR DISCUSSION: 12. Hurricane Helene Relief Efforts and Executive Order DBPR 2024-09 Rental restrictions for individuals seeking shelter who lost their homes due to Hurricane Helene. (Submitted by City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • October 15, 2024 Minutes • Page 5 of 5 Council Member Jackson): Council Member Jackson indicated portions of the Item are not applicable anymore, explained the Item, requested City Attorney Garganese review the Item for Council, and suggested moving on in the Agenda. Discussion ensued. ADD -ON ITEM: Resolution No. 2024-17; providing for a temporary waiver of Building Permit Fees for repairs related to building or structural damage caused by Hurricane Milton; providing for an intent and purpose of this Resolution; providing for a filing period for eligible Building Permit Applications; providing for severability; and providing an effective date: City Manager Morley explained the Item, and thanked City Attorney Garganese for bringing it forward. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Jackson, to approve Resolution No. 2024-17. Council reached consensus to add the Item to the Agenda. The Public Hearing was opened and closed with no comment. The motion carried 4-0, with Council Member Davis absent. Discussion ensued regarding the postponement of Items 11 and 13. City Manager Morley suggested Community and Economic Development Director Soat meet with Mayor Morrison regarding his Item 11. Council reached consensus to postpone Items 11 and 13 to the next City Council Regular Meeting on Tuesday, November 19, 2024. REPORTS: Mayor Morrison discussed the stress of Hurricane Milton flooding at Port Canaveral Trailer Park and Canaveral Mobile Estates, desire to discuss improvements needed to the City's canal that runs behind those properties, frustration with Staff's response, residents sitting in water for days, frustration over Florida Power & Light's response to restore power, confusion over Canaveral Fire Rescue and Staff communication, and recommended clearing of the canal. Discussion ensued. City Manager Morley discussed City protocol in administering aid to private property owners with the City's pumps, and the plan to have a Staff meeting to review and evaluate the City's Emergency Team response before, during and after Hurricane Milton. Council Member Jackson discussed desire for a meeting regarding the City's disaster planning and recovery outside of Brevard County's disaster planning to fill in gaps in the process and improve responsiveness. Mayor Pro Tem Kellum announced the first ever Veterans of Foreign Wars Post 10131 and American Legion Post 348 Veterans Day Parade on Saturday, November 9, 2024, at 11:11 a.m., which the City Council is invited be in, and to contact the VFW Post 10131 to let them know. ADJOURNMENT: The Meeting was adjourned at 10:56 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk/ Assistant to the City Manager CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 19, 2024 AGENDA ITEM SUMMARY • ITEM # 3 Subject: Resolution No. 2024-18; adopting a cybersecurity standard in accordance with Section 282.3185(4), Florida Statutes; providing for notification to the Florida Digital Service; providing for repeal of prior inconsistent resolutions, severability and an effective date. Department: Administrative/Financial Services Summary: Per Florida Statute 282.3185 (4), the City of Cape Canaveral is required to adopt a cybersecurity standard that safeguards its data, and information technology resources to ensure availability, confidentiality, and integrity consistent with generally accepted best practices for cybersecurity, including the National Institute of Standards and Technology Cybersecurity Framework by January 1, 2025. Additionally, the City of Cape Canaveral is required to notify the Florida Digital Service of its compliance with Section 282.3185(4), Florida Statutes. All resolutions or parts of resolutions in conflict shall be repealed to the extent of the conflict by the adoption of this resolution. Submitting Department Director: John DeLeo Attachment: Resolution No. 2024-18 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. 2024-18. Approved by City Manager: Todd Morley RESOLUTION NO. 2024-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING A CYBERSECURITY STANDARD IN ACCORDANCE WITH SECTION 282.3185(4), FLORIDA STATUTES; PROVIDING FOR NOTIFICATION TO THE FLORIDA DIGITAL SERVICE; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, pursuant to Section 282.3185(4), the City of Cape Canaveral is required to adopt a cybersecurity standard that safeguards its data, and information technology resources to ensure availability, confidentiality, and integrity consistent with generally accepted best practices for cybersecurity, including the National Institute of Standards and Technology Cybersecurity Framework by January 1, 2025; and WHEREAS, upon adoption of a cybersecurity standard, the City of Cape Canaveral is required to notify the Florida Digital Service of its compliance with Section 282.3185(4), Florida Statutes; and WHEREAS, in accordance with the requirements of Section 282.3185(4), and based on the input and advice of City staff and evaluation by the City Council at a confidential cybersecurity meeting held pursuant to Section 119.0725, Florida Statutes, on November 19, 2024, the City Council finds that it is in the best interests of the City and the public health, safety, and welfare of the citizens of Cape Canaveral to adopt the National Institute of Standards and Technology Cybersecurity Framework; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida: Section 1. Recitals. The foregoing recitals contained in the preamble to this Resolution are incorporated by reference herein. Section 2. Approval of Cybersecurity Standard; Notification to State. The City Council of the City of Cape Canaveral hereby adopts the National Institute of Standards and Technology ("NIST") Cybersecurity Framework as the City's cybersecurity standard. The NIST standard shall govern the development and implementation of the City's future cybersecurity policies and practices and decision making. Such policies, practices, and decisions shall be deemed confidential to the extent required by Section 119.0725, Florida Statutes and other applicable law. The City Manager is hereby authorized and instructed to notify the Florida Digital Service of the City Council's decision to adopt the NIST Cybersecurity Framework as required by Section 282.3185, Florida Statutes. Section 3. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. City of Cape Canaveral Resolution 2024-18 Page 1 of 2 Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, this 19th day of November, 2024. Wes Morrison, Mayor NAME FOR AGAINST Kim Davis Kay Jackson Mickie Kellum Wes Morrison Don Willis 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 City of Cape Canaveral Resolution 2024-18 Page 2 of 2 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 19, 2024 AGENDA ITEM SUMMARY • ITEM # 4 Subject: Approve BS&A Software and Services Cloud Upgrade proposal in the amount of $71,435 in FY24/25 and $52,635 on October 1, 2025 and thereafter to migrate from legacy on -premises solution to cloud -based solution, and authorize the City Manager to execute same. Department: Administrative Financial Services Summary: This topic originally appeared on the October 15, 2024 City Council Regular Meeting agenda. Councilmember Jackson requested the topic be removed from the agenda, and after discussion, Council reached consensus to remove and postpone the item to a separate closed cybersecurity meeting. City Attorney Garganese advised that if the Council is going to have a detailed discussion regarding system implementation specifications, Florida law permits doing so outside of a public meeting, as cybersecurity information is confidential and exempt from public record. The City's primary information management system, Bellefeuil, Szur & Associates (BS&A) was introduced in 2019 to the Community and Economic Development/Building Department. Subsequently, various additional BS&A applications were adopted for use by all departments, including business licensing, financial management, human resources management, work orders and others. The initial deployment was an on -premises solution, meaning all data is stored on the city server, which is regularly backed -up. This on -premises solution has served the city well for many years, even prior to BS&A. Earlier this year, BS&A indicated that their platform was shifting away from being an on -premises solution to being a cloud -based solution, accessible via web browser. To more fully understand the implications of this shift, on June 28, 2024, Staff met with BS&A representatives. During that meeting BS&A indicated that the on -premises solution is currently only minimally supported for a small percentage of existing customers, and is not available for new clients. Staff inquired if a sunset date had been established if and when all clients would be required to shift; BS&A declined to give a firm answer, but indicated the overwhelming percentage of their support (90%) is now dedicated to the cloud -based solution. Benefits of transitioning to a cloud -based solution • Elimination of the need for local hardware, • Accessible by all employees, regardless of location, • Ease of use is greatly enhanced, as old database front-end is replaced by web service, becoming more intuitive for Staff and also for the Public, in the public -facing applications, • Maintenance and updates are automated, handled behind the scene, • City Council function is pre -built into the system, offering a solution for elected officials with minimal setup effort, • Enhanced resiliency. Data and service are hosted in Virginia and Arizona in Microsoft Azure data centers. The nature of online service and storage, with backups kept in two geographically separated locations across the country, speed disaster recovery and greatly reduce the risk of failure, enhancing continuity of operations (COOP) capabilities (Attachment 2), • Cost efficiency. Several recurring costs will no longer be required (see Cost section below), • The City still owns our data. City of Cape Canaveral City Council Meeting • November 19, 2024 Agenda Item # 4_ Page 2 of 2 Drawbacks of transitioning to cloud -based solution: • Data would no longer be hosted locally, which some may perceive as a security risk. However, cloud services have come a long way in the last few years to strengthen security measures and restrict access to only authorized users. • Onetime startup fee ($46,600). Cost: The annual support cost for the proposed cloud -based service is $52,635; this cost will be prorated for FY24/25 not to exceed $24,835 based on discussion with the BS&A sales team. This will be largely offset by the elimination of certain annually recurring costs, which will no longer be required: • (-$9,500 annually) no requirement for Windows Server license, • (-$4,884 annualized) reduced cost to replace servers. • (-$3,500 annually) no requirement for LogMeln remote login service for staff remote, • (-$23,407 annually) current BS&A support cost (-$41,291 annually) total current costs. The pro -rated FY24/25 support cost of $24,835, plus the one-time cost of $46,600 to implement the cloud solution, results in a total expenditure of $71,435 for FY24/25. The funds to cover costs of this purchase are in this year's equipment maintenance budget. Beginning October 1, 2025, the annual cost will be $52,635. Which is an overall annual cost increase of $11,344 ($52,635-$41,291=$11,344), above what we are currently paying. Should Council approve this item, BS&A can have data migration complete, and online service up and running in approximately three months from contract execution. Submitting Department Director: John DeLeo Attachment: None. Financial Impact: One-time cost of $46,600 to implement cloud -based solution followed by a pro -rated FY24/25 license costs of $24,835 for a total of $71,435 for FY24/25. Annual cost for support after October 1, 2025 will be $52,635. These amounts will be paid to BS&A and will be funded by the general fund. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following actions: Approve BS&A Software and Services Cloud Upgrade proposal in the amount of $71,435 in FY24/25 and $52,635 on October 1, 2025 and thereafter to migrate from legacy on -premises solution to cloud -based solution, and authorize the City Manager to execute same. Approved by City Manager: Todd Morley Attachment 1 Proposal for: City of Cape Canaveral, Brevard County FL June 20, 2024 Quoted by: Keegan Nixon Software and Services for BS&A Cloud Upgrade BS&A SOFTWARE® Thank you for the opportunity to quote our software and services. At BS&A, we are focused on delivering unparalleled service, solutions, support, and customer satisfaction. You'll see this in our literature, but it's not just a marketing strategy... it's a mindset deeply embedded in our DNA. Our goal is to provide such remarkable customer service that our customers feel compelled to remark about it. We are extremely proud of the many long-term customer relationships we have built. Our success is directly correlated with putting the customer first and consistently choosing to listen. Delivering unparalleled customer service is the foundation of our company. BSEtA Software 14965 Abbey Lane Bath MI 48808 (855) BSA -SOFT / fax (517) 641-8960 bsaso f tware. com Cost Summary Software is licensed for use only by municipality identified on the cover page. If used for additional entities or agencies, please contact BS&A for appropriate pricing. Prices subject to change if the actual count is significantly different than the estimated count. Module fees are charged annually and include unlimited support. Upgrade - Cloud Modules - Annual Fee Financial Management General Ledger $4,250 Accounts Payable $3,460 Cash Receipting $3,860 Accounts Receivable $3,230 Fixed Assets $3,150 Purchase Order $3,385 Work Order $3,460 Personnel Management Payroll $5,765 Human Resources $4,015 Timesheets $2,590 Community Development Building Department $6,945 Business Licensing $3,310 Service Request - To be implemented at a later time when module becomes available $2,695 BS&A Online Fees for BS&A Online subscription services will be charged at the next renewal period Community Development Permit Application Feature - Enables contractors and the general public to submit permit applications online $2,520 BS&A SOFTWARE Page 2 of 6 Subtotal $52,635 City of Cape Canaveral, Brevard County FL 1 June 20, 2024 Keegan Nixon, Senior Account Manager l (855) 272-7638 1 knixon@bsasoftware.com Prices good for a period of 120 days from date on proposal Upgrade Implementation Services include: Management of your upgrade by our dedicated upgrade team for a smooth shift from .NET to cloud -based software, minimizing disruption Project schedule aligned with your processes and needs, ensuring a seamless transition timeline Expedited upgrade to cloud capturing existing process to minimize demands required of client teams Onboarding planned around critical process dates, ensuring your team is well -prepared for effective cloud software utilization Central contact for streamlined communication between project leaders, developers, IT staff and conversion resources - Testing and implementation of existing municipal customizations prior to go -live, preserving functionality and ensuring critical components are converted Preliminary data conversion with attachments, mirroring final conversion for a smooth transition - Thorough data verification for all modules, ensuring accuracy and reliability of converted data, including automated balancing Key module validation managed by dedicated upgrade team (vs. customer in previous methodology), including testing of parallel processes Migration of key custom user -based designed reports handled out -the -box, enabling seamless access to critical insights. As needed, transition from .NET Online Payments to cloud architecture configuration for uninterrupted payment processing. Automated scaffolding of users and security roles based on your previous configurations Conversion of approval workflows based on role -based security, maintaining established processes As needed, configuration of existing hardware (barcode scanners, etc.) for seamless integration with cloud environment Documentation of our standard processes, facilitating easy access to essential information Upgrade training Prioritized response post go -live for 2 weeks from the upgrade team 3 post go -live survey touch points to check -in on post -go live experience Remote go -live assistance and remote office hours for a successful transition to the cloud -based software - Travel not expected, but any necessary travel would be billed at a per trip and/or per day cost $46,600 S&A City of Cape Canaveral, Brevard County FL June 20, 2024 SOFTWARE Keegan Nixon, Senior Account Manager l (855) 272-7638 1 knixon@bsasoftware.com Page 3 of 6 Prices good for a period of 120 days from date on proposal Cost Totals Modules - Annual Fee $52,635 Upgrade Implementation $46,600 Total Proposed Travel not expected. Any necessary travel to be billed at a per trip and/or per day cost. Payment Schedule 1st Payment: 2nd Payment: 3rd Payment: 4th Payment: $23,300 to be invoiced upon execution of this agreement. $50,115 to be invoiced at activation of customer's site. $23,300 to be invoiced upon completion of training. $2,520 to be invoiced upon next renewal of subscription -based BS&A Online features. BS&A SOFTWARE Page 4 of 6 $99,235 City of Cape Canaveral, Brevard County FL 1 June 20, 2024 Keegan Nixon, Senior Account Manager l (855) 272-7638 1 knixon@bsasoftware.com Prices good for a period of 120 days from date on proposal Additional Information Program Customization BS&A strives to provide a flexible solution that can be tailored to each municipality's needs. However, in some cases, custom work may be required. Typical examples include: • custom payment import/lock box import • custom OCR scan -line • custom journal export to an outside accounting system • custom reports If you require any custom work, please let us know so that we can better understand the scope of your request and include that in a separate proposal. Cash Receipting Hardware Quantity Cost Epson THM-6000V Series Receipt Printer* $1,100 x = $___ APG Series 100Cash Drawer** $275 x = $________ Honeywell Hyperion 1300g Linear -Imaging Scanner $275 x = $________ Credit Card Reader (if using Invoice Cloud) $75 x _ = $ This will add $ to the Total Proposed. *IMPORTANT. The receipt printer must be plugged into the USB port on one workstation (not your server). This printer is not to be shared with other workstations. If more than one workstation will be used for receipting, please consider purchasing more than one receipt printer. Please provide the number of cash drawers that will be hooked up to the printer Note: The availability, model numbers, and pricing for all third party hardware listed above is subject to availability from the manufacturers. In the event that the listed hardware is no longer available at the time of purchase, a comparable replacement will be available, at the then current cost. Returns require pre -approval, and all purchased equipment must be shipped back to BS&A in its original packaging. Returns are subject to a re -stocking fee of $50.00. Additional Training - Building Department Report Designer Most of our Building Department customers heavily use our Report Designer, which is included free with the program. Report Designer Training is not included in the training quoted on this proposal and is highly recommended. You may attend a class at our office in Bath Township, or we can train at your location. Report Designer Training is typically completed in one day. Please check the option you are interested in. Report Designer Training will be scheduled after successful implementation and training of your Building Department software. Classroom training, $205/person/day On -site training (unlimited attendees), $1,000/day, travel not included BS&A SOFTWARE Page 5 of 6 City of Cape Canaveral, Brevard County FL 1 June 20, 2024 Keegan Nixon, Senior Account Manager l (855) 272-7638 1 knixon@bsasoftware.com Prices good for a period of 120 days from date on proposal BS&tA Online Connection Requirements BS&A Cloud modules require a high-speed internet connection (cable modem or DSL). BS&A 5 O F T W A R E Page 6of6 City of Cape Canaveral, Brevard County FL 1 June 20, 2024 Keegan Nixon, Senior Account Manager l (855) 272-7638 1 knixon@bsasoftware.com Prices good for a period of 120 days from date on proposal Attachment 2 ido BS&A SOFTWARE® Board Presentation ERP Software Designed for Local Government Agenda • About BS&A Software • Technology • Benefits • Timeline Confidential and Proprietary © BS&A Software BS&LA BS&A 'SOFTWARE. • BS&A Software is the leading provider of Financial Management, Utilities Management, and HRMS software for the Public Sector. • BS&A has been providing our software solutions to the Public Sector for over 30 years. • BS&A has a 99%+ client retention rate, meaning once a municipality chooses to move forward with BS&A, they want to remain a client in perpetuity. BS&A's Software Platforms What You Have Today .NET/ Desktop .NET is an on -premise, client -server solution. This platform was released in 2008, making it a 16-year-old product. Confldentia I and Proprietary © BS&A Software Cloud Cloud is the platform of the future. BS&A released Cloud in 2021, and it offers significant technological and security enhancements creating a more advantageous environment. BS&A Why BS&A Cloud? la9P vb cbo Automatic Updates & Maintenance Save time & effort through automatic updates. Stay up-to-date with the latest software features & security patches from an always modern interface. o-o-o High Availability & Reliability Reliable infrastructure with 99.99% uptime Enhanced Security Strengthened security posture through Multi -factor authentication (MFA), reducing unauthorized access. Seamless Integration Efficient collaboration & data sharing across departments & teams. Cost Savings No upfront hardware costs, pay-as- you-go pricing, and reduce overall IT expenses. 000 Dedicated Teams Protect against attacks before they take place with threat intelligence monitoring. 0/4 Scalability Flexible scaling to meet your requirements without the limitations of on -premises systems. CD Accessibility & Mobility Boost productivity by accessing BS&A Cloud remotely. Disaster recovery and data backup Minimize data loss & ensure business continuity during disasters or outages 91 Unified Database Centralize data, and enhance accuracy of data across your organization. No more data silos. Confidential and Proprietary © BS&A Software BS&A Let's Compare the Differences Comprehensive Access Robust Security Disaster Recovery Hardware Requirements VPN only or Remote Connection to Access solutions Limited security settings by user. No built-in disaster recovery features, need an additional service purchased outside of BS&A. Requires hardware like a Windows PC, SQL Server, and routine maintenance Automatic Updates Background Reporting/Processing I Unlimited Storage Requires end -users to install updates manually on each workstation for each module Requires halting the module to execute reports, leading to system freezes Storage capacities are determined and purchased separately by the municipality, independently of BS&A's products. User -Defined Workflows On -premise offers limited workflow capabilities. User -Defined Dashboards Dashboards are not available Confidentia I and Proprietary © BS&A Software Cloud Browser -based system, allowing for easy remote access Detailed data access control, including record & field level security, & user role -based access restrictions Disaster recovery included in the cloud platform No need for a server Cloud automatically updates, providing an always modern system Cloud solutions allow for seamless system use by running reports and processes in the background Cloud includes unlimited storage on MS Azure Cloud technology facilitates efficient workflows and process automation Cloud supports unlimited role -based dashboards BS&A r 1986 DOS Jim Bellefeuil releases DOS, the first iteration of what we know as BS&A Software Ltoday. BS&A Software releases .NET, replacing Pervasive as it became outdated. 1995-2001 Pervasive BS&A Software releases a new platform, moving from DOS to Windows using the Pervasive Ldatabase engine. r2021 Cloud BS&A Software releases Cloud, the 4th iteration of our software solutions that are utilized throughout 19 states 1 in the U.S. Today BS&A Cloud and You We recommend considering an upgrade to Cloud to keep up with technology and security enhancements as we continue to create a more advantageous environment for our clients. Cloud Adoption Statistics 407 + The number of customers live or in progress Confldentia I and Proprietary © BS&A Software BS& A SOFTWARE. The United States experienced "...an unprecedented and unrelenting barrage of ransornware arLacks that impacted at least 966 government agencies, educational establishments, and healthcare providers at a potential cost in excess of $7.5 billion. - ICMA.ora "A Look at Local Government Cvbersecurity in 2020" 9 Confldentia I and Proprietary © BS&A Software BSBLA Elevate Your Experience with BS&A Cloud Experience. BS&A Cloud is our fourth iteration of our solutions over the last 30 years... We are prepared to take you to Cloud. Ownership. We take ownership of the implementation by putting 90% of the workload on our shoulders. Teamwork. Our team and your team work together at each stage of the process — no silos. Support. We support you the way we always have — with attention and understanding. 10 Confidentia I and Proprietary © BS&A Software Share of Implementation Responsibility 10% Client BSBLA Signed Contract A Path Forward: Standard Upgrade Timeframe i Customer Outreach Project Planning 11 Confidential and Proprietary © BS&A Software Preliminary Data Extraction & Configuration i Final Conversion Training & Go Live i Prioritized Support & Assistance Go Live 3-6 months BS&A BS&A SOFTWARE. Thank you Confidential and Proprietary © BS&A Software CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 19, 2024 AGENDA ITEM SUMMARY • ITEM # 5 Subject: Approve the proposed 2025 City Council Regular and Budget Meeting Schedule. Department: City Clerk's Office Summary: A yearly Meeting Schedule assists everyone in planning activities necessary to complete the City's business. The proposed Meeting Schedule (Attachment 1) was created utilizing current practices. The two Budget Hearings in September are contingent upon State of Florida Truth in Millage (TRIM) requirements and budget hearing schedules of the Brevard County Board of County Commissioners (BOCC) and the Brevard County School Board. In 2022 and 2023, the County BOCC had scheduled their budget hearings in conflict with the City's, necessitating a postponement to the following Wednesday, respectively, for both the City Council's First and Second Budget Hearings, and subsequently the accompanying Regular Council and Community Redevelopment Agency Board Meetings. The County BOCC does not establish their budget meeting schedule until well into the calendar year, and the City cannot make assumptions that they will follow the same pattern as in 2022 and 2023. If the County BOCC budget meeting schedule conflicts again, Staff will present a revised City Council Regular and Budget Meeting Schedule for Council consideration at a subsequent Council Meeting. Additionally, the Agenda and Packet Posting/Distribution date for the November 18, 2025 Meeting has been adjusted to the prior Monday, November 10, 2025, due to Veterans Day falling on the following Tuesday. (Attachment 2) Attachment 2 also includes entries for Daylight Savings Time, as the United States Congress has not amended U.S. Code, authorizing Florida's 2018 year-round Daylight Savings Time legislation. The City's Community Redevelopment Agency (CRA) Board is a legally distinct and separate entity from the City Council. However, the CRA Board Meeting schedule, approved by the CRA Board at its September 17, 2024 Regular Meeting, coincides with dates on the proposed City Council Meeting Schedule. For this reason, CRA Board Meetings are listed. Submitting Department Director: Mia Goforth Attachments: 1. Proposed 2025 City Council Regular and Budget Meeting Schedule 2. City of Cape Canaveral 2025 Holidays and Other Notable Dates Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Approve the proposed 2025 City Council Regular and Budget Meeting Schedule. Approved by City Manager: Todd Morley Attachment 1 pi.cE ° CITY OF (.4 CAPE CANAVERAL 2025 CityCouncil MeetingSchedule CITY OF {APE CANAVERAL Agenda Cut-Off Agenda + Packet Council Meeting Posted/Distributed (*Dates reserved if a meetin• is necessa ) 01/07/2025* 01/08/2025 01/14/2025 01/21/2025 6:00 p.m. 02/04/2025* 02/05/2025 02/11/2025 02/18/2025 6:00 p.m. 03/04/2025* 03/05/2025 03/11/2025 03/18/2025 6:00 p.m. CRA Board Meeting 5:00 p.m. if needed 04/01/2025* 04/02/2025 04/08/2025 04/15/2025 6:00 p.m. 05/06/2025* 05/07/2025 05/13/2025 05/20/2025 6:00 p.m. 06/03/2025* 06/04/2025 06/10/2025 06/17/2025 6:00 p.m. CRA Board Meeting 5:00 p.m. if needed 07/01/2025 07/02/2025 07/08/2025 07/15/2025 6:00 p.m. + Budget Workshop 5:00 p.m. 08/05/2025* 08/06/2025 08/12/2025 08/19/2025 6:00 p.m. + Budget Workshop 5:00 p.m. if needed 08/20/2025 08/26/2025 09/02/2025 5:30 p.m. 1st Budget Hearing Budget Hearing contingent upon TRIM requirements + scheduled budget hearings of the Brevard County Commission and School Board. Florida Law prohibits budget hearings on the same day. 09/03/2025 09/09/2025 09/16/2025 6:00 p.m. + 2nd Budget Hearing CRA Board Meeting 5:00 p.m. Budget Hearing contingent upon TRIM requirements + scheduled budget hearings of the Brevard County Commission and School Board. Florida Law prohibits budget hearings on the same day. 70/07/2025* 10/08/2025 10/14/2025 10/21/2025 6:00 p.m. 11/04/2025* 11/05/2025 11/10/2025 11/18/2025 6:00 p.m. Monday CRA Board Meeting 5:00 p.m. (tentative) 12/02/2025* 12/03/2025 12/09/2025 12/16/2025 6:00 p.m. Approved by Council: Attachment 2 cE 'v,°s CITY OF CAPE CANAVERAL -`- 2025 Holidays + Other Notable Dates CITY pF GAPE GANAVErta4 Wednesday 01/01/2025 New Year's Day City offices closed Monday 01/20/2025 Martin Luther King Jr. Day City offices closed Monday 02/17/2025 Presidents Day City offices closed Sunday-2 A.M. Set clocks forward + 03/09/2025 Begin Daylight Savings check smoke detectors Monday 05/26/2025 Memorial Day City offices closed Friday 07/04/2025 Independence Day City offices closed Monday-Noon For more info, contact 08/04/2025 City Election Qualifying Period Begins the City Clerk's Office Friday-Noon For more info, contact 08/15/2025 City Election Qualifying Period Ends the City Clerk's Office Monday 09/01/2025 Labor Day City offices closed Sunday-2 A.M. Set clocks back + 11/02/2025 End Daylight Savings check smoke detectors Tuesday For more info, visit 11/04/2025 Election Day VoteBrevard.gov Tuesday 11/11/2025 Veterans Day City offices closed Thursday 11/27/2025 Thanksgiving Day City offices closed Friday 11/28/2025 Day after Thanksgiving City offices closed Wednesday 12/24/2025 Christmas Eve City offices closed Thursday 12/25/2025 Christmas Day City offices closed CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 19, 2024 AGENDA ITEM SUMMARY • ITEM # 6 Subject: Reappoint Community and Economic Development Director Brianna Soat as the City's Representative on the Space Coast Transportation Planning Organization (SCTPO) Technical Advisory Committee and City resident Harry Ruffel as the North Beaches Coalition Alternate on the SCTPO Citizens' Advisory Committee for Calendar Year 2025. 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. Currently, the City representatives on the 2024 SCTPO Technical Advisory Committee (TAC) and Citizens' Advisory Committee (CAC) are Community and Economic Development Director Brianna Soat and City resident Harry Ruffel, respectively. Ms. Soat and Mr. Ruffel have each expressed interest in continuing to serve for Calendar Year 2025. Through an agreement with Cocoa Beach, representation on the CAC is shared between the two cities as the North Beaches Coalition (NBC). For 2025, Cape Canaveral's appointee will be the Alternate on the CAC, with Cocoa Beach's appointee serving as the Voting Delegate. It is now incumbent upon City Council to appoint a City employee as the TAC Representative and a City resident as the NBC CAC Alternate for Calendar Year 2025. 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 actions: Reappoint Community and Economic Development Director Brianna Soat as the City's Representative on the SCTPO TAC and City resident Harry Ruffel as the NBC Alternate on the SCTPO CAC for Calendar Year 2025. Approved by City Manager: Todd Morley CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 19, 2024 AGENDA ITEM SUMMARY • ITEM # 7 Subject: Ordinance No. 20-2024; amending Chapter 82 Buildings and Building Regulations to adopt regulations to allow the construction and installation of rooftop amenities on multifamily, mixed -use, and commercial buildings which satisfy the requirements set forth in this Ordinance; 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: The Planning and Zoning Board (Board) discussed the item at its May 29, 2024 Meeting, where stakeholders of the community voiced support for the Ordinance and lent insight into appropriate parameters. The Board reviewed the draft Ordinance at its September 18, 2024 Meeting and recommended that City Council approve the Ordinance within the A1A Economic Opportunity Overlay District only (map provided as Attachment 2). At its October 15, 2024 Regular Meeting, Council approved the First Reading of the Ordinance with amendments. Staff made the following changes to the proposed Ordinance in congruence with the directives provided by the City Council at the First Reading. 1. Relies on existing Zoning Ordinance floor area regulations rather than creating special regulations [removed original (b)(5) re: maximum square footage] 2. Clarifies the allowance of a maximum size of both open-air and covered structures, separately [reference original (b)(7) which has been renumbered (b)(6)] 3. Relies on existing Sign Ordinance regulations related to prohibiting rooftop signs rather than creating special regulations [reference original (b)(8) which has been renumbered (b)(7)] 4. Relies on existing Building Code safety barrier regulations rather than creating special regulations [reference original (b)(9 which has been renumbered (b)(8)] 5. Relies on existing Noise Ordinance regulations rather than creating special regulations [removed original (b)(10)] 6. Relies on existing Building Code and Zoning Ordinance regulations relating to rooftop amenity visibility from the street rather than creating special regulations [removed original (b)(11)] Of note, existing buildings under 45' in height remain eligible to construct any rooftop amenities in accordance with existing regulations. In other words, regardless of adoption of the proposed Ordinance, existing projects in compliance with existing height limits may apply for permits for rooftop amenities through the existing City processes described by the Municipal Code, so long as the resulting project remains within the existing height maximums. However, there are no existing guidelines in the City Code explicitly addressing rooftop amenity areas. The proposed Ordinance provides relief for projects which would otherwise exceed existing height maximums and provides explicit guidelines for property owners and Staff to permit these amenities when requested by property owners. City of Cape Canaveral City Council Meeting • November 19, 2024 Agenda Item # 7_ Page 2 of 2 Staff posted the Business Impact Estimate on the City's website on November 1, 2024 and advertised the Notice of Hearing in Florida Today on November 7, 2024. Submitting Department Director: Brianna Soat, AICP Attachments: 1. Proposed Ordinance No. 20-2024 2. Map of the City's A1A Economic Opportunity Overlay District 3. Business Impact Estimate Financial Impact: Cost of advertisement and codification; Staff time and effort to prepare this Agenda Item; Expansion of City's tax base. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following actions: Adopt Ordinance No. 20-2024 on second reading. Approved by City Manager: Todd Morley Attachment 1 1 ORDINANCE NO. 20-2024 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 REGULATIONS TO ALLOW THE 6 CONSTRUCTION AND INSTALLATION OF ROOFTOP AMENITIES ON 7 MULTIFAMILY, MIXED -USE, AND COMMERCIAL BUILDINGS WHICH 8 SATISFY THE REQUIREMENTS SET FORTH IN THIS ORDINANCE; 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, due to the City's limited and compact geographical area, the City Council finds 18 that there is a need within the City of Cape Canaveral for additional outdoor amenity space for 19 residents and visitors; and 20 21 WHEREAS, the City Council further finds that one option to increase outdoor amenity 22 space is to allow better use of the roof space of suitable buildings so that, rather than strictly 23 serving a utilitarian function, these spaces can be improved and accessed as a place for building 24 occupants to be outside and interact with the community; and 25 26 WHEREAS, rooftops are often underutilized spaces that can provide significant value to 27 maximize the use of available space without needing additional land; and 28 29 WHEREAS, this Ordinance is intended to provide more flexibility for rooftop amenities on 30 suitable multifamily, mixed -use, and commercial buildings; and 31 32 WHEREAS, taller buildings tend to have the structural capacity to safely support additional 33 loads from rooftop amenities and to take advantage of attractive and desirable views; and 34 35 WHEREAS, the purpose of this Ordinance is to permit rooftop amenities that provide 36 residents and visitors with opportunities to relax, socialize, and engage in recreational activities in 37 an outdoor environment that enhances the overall quality of life in the city of Cape Canaveral. 38 These amenities are intended to make buildings more attractive and livable, without causing any 39 negative visual or noise impacts on neighboring properties or from ground level; and 40 41 WHEREAS, the City Council deems the adoption of this Ordinance is in the best interests 42 of the public health, safety, and welfare of the citizens of Cape Canaveral. 43 City of Cape Canaveral Ordinance No. 20-2024 Page 1 of 4 1 NOW, THEREFORE, THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, 2 HEREBY ORDAINS AS FOLLOWS: 3 4 Section 1. Recitals. The foregoing recitals are hereby deemed true and correct and are 5 hereby fully incorporated herein by this reference as a material part of this Ordinance. 6 7 Section 2. Adopting Chapter 82, Article VII Rooftop Amenities of the City Code. The City 8 Council of the City of Cape Canaveral hereby adopts Chapter 82, Article VII Rooftop Amenities of 9 the Cape Canaveral Code of Ordinances, (underlined type indicates additions to and strikcthrougF 10 type indicates deletions from the existing text in Chapter 82, while*** indicate deletions from this 11 Ordinance of said Chapter 82 Buildings and Building Regulations that shall remain unchanged in 12 the City Code): 13 14 Chapter 82 — BUILDINGS AND BUILDING REGULATIONS 15 16 *** 17 18 ARTICLE VII. — RED ROOFTOP AMENITIES. 19 20 The intent and purpose of rooftop amenities are to utilize underused rooftop space on 21 suitable buildings, offering additional outdoor areas for residents, tenants, or guests 22 without expanding the building's footprint. Rooftop amenities will provide opportunities 23 to relax, socialize, and enjoy recreational activities in an outdoor environment, enhancing 24 the overall quality of life and making the building more attractive and livable. These areas 25 will be designed in some cases to offer less obstructed views of the city, Banana River, 26 Atlantic Ocean, surrounding landscapes, and space launches, and to have minimal or no 27 visual or sound impact on surrounding properties. Rooftop amenities are not intended to 28 increase the building's story height or accommodate functions that could otherwise 29 occupy enclosed spaces within the building such as, but not limited to, fitness centers, 30 spas, enclosed restaurants, locker rooms, retail shops, and other similar uses. 31 32 (b) Rooftop amenities shall be permitted on any commercial, mixed -use, and multifamily 33 building located within the A1A Economic Opportunity Overlay District, provided the 34 amenities are customarily associated with or incidental and accessory to the primary use(s) 35 of the building. The area on the rooftop shall be considered a rooftop amenity area. 36 Within the rooftop amenity area, the following shall apply: 37 38 (1) The construction and installation of any rooftop amenity shall be subject to applicable 39 building, fire, site plan, and zoning approvals. 40 (2) When the rooftop amenities are constructed and installed on a multi -family building 41 or for residents living in a mixed -use building, the amenities shall serve the use and 42 enjoyment of all residents and shall not provide exclusive use to any specific units. 43 Rooftop amenities constructed and installed on a commercial building or for City of Cape Canaveral Ordinance No. 20-2024 Page 2 of 4 1 commercial use in a mixed -use building, the rooftop amenities shall be associated with 2 an establishment doing business within the building. 3 (3) All structures shall be architecturally compatible and integrated with and in proportion 4 to the architecture and massing of the overall building design. 5 (4) Amenities may be permitted to exceed the maximum height of the building by a 6 maximum of twelve (12) feet. However, elevator/stair equipment may exceed the 7 maximum height of the building by a maximum of fifteen (15) feet. 8 (5) Rooftop amenities shall not be enclosed and must be suitable for open-air activities 9 such as outdoor dining areas, swimming pools, hot tubs, lounge areas, gardens, 10 terraces, observation decks, courts, cooking facilities, bars, dog runs, or similar passive 11 outdoor activities. 12 (6) Rooftop amenities may include open-air shade structures such as cabanas, gazebos, 13 pergolas, or trellises that are at least fifty (50) percent open to the sky. In addition, one 14 or more covered roof structures (exclusive of elevators and stairwells) may be 15 permitted provided the total amount of the covered roof coverage does not exceed a 16 maximum 200 square feet. Sturdy umbrellas may be permitted if anchored in place, 17 ensuring it remains stable and resistant to movement, even in windy conditions. 18 Umbrellas shall be stored when the rooftop amenity area is not under supervision or 19 in use or during storms. Accessory structures and equipment such as landscape 20 planters, decking, bar counter, seating, tables, televisions, play equipment, kitchen 21 elements, and other similar structures and equipment are permitted. Lighting fixtures 22 are permitted provided the lights are fully shielded and directed downward so light 23 source is concealed from surrounding properties. In addition, the light source must 24 be directed away from the beach. 25 (7) Roof top amenity areas are still considered rooftops and shall be subject to the roof 26 top sign prohibition set forth in Chapter 94 of the City Code. 27 (8) A protective and structural barrier shall be installed on the rooftop, designed to 28 provide safety to rooftop occupants, as required by the building official in accordance 29 with the Florida Building Code. 30 *** 31 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent 32 ordinances and resolutions adopted by the City Council, or parts of prior ordinances and 33 resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 34 35 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape 36 Canaveral City Code and any section or paragraph, number or letter, and any heading may be 37 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and 38 like errors may be corrected and additions, alterations, and omissions, not affecting the 39 construction or meaning of this ordinance and the City Code may be freely made. 40 41 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion 42 of this Ordinance is for any reason held invalid or unconstitutional by any court of competent City of Cape Canaveral Ordinance No. 20-2024 Page 3 of 4 1 jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such 2 holding shall not affect the validity of the remaining portions of this Ordinance. 3 4 Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption 5 by the City Council of the City of Cape Canaveral, Florida. 6 7 ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, 8 assembled this 19th day of November, 2024. 9 10 11 12 Wes Morrison, Mayor 13 14 ATTEST: Name FOR AGAINST 15 16 Kim Davis 17 18 Mia Goforth, CMC, Kay Jackson 19 City Clerk 20 Mickie Kellum 21 22 Wes Morrison 23 24 Don Willis 25 Approved as to legal form and sufficiency 26 For the City of Cape Canaveral only by: 27 28 29 Anthony A. Garganese, City Attorney 30 31 First Reading: October 15, 2024 32 Advertisement: November 7, 2024 33 Final Reading: November 19, 2024 City of Cape Canaveral Ordinance No. 20-2024 Page 4 of 4 Attachment 2 ECONOMIC OPPORTUNITY OVERLAY DISTRICT [Boundary Map] Legend EOOD Attachment 3 THE CITY OF CAPE CANAVERAL BUSINESS IMPACT ESTIMATE PURSUANT TO F.S. 166.041(4) This form should be included in the agenda packet with the proposed ordinance to be considered. It must be posted on the City's website by the time notice of the proposed ordinance is published pursuant to Section 166.041(3)(a), Florida Statutes. City Council Meeting Dates: November 19, 2024 Ordinance Number: 20-2024 Date Posted to Webpage: November 1, 2024 This Business Impact Estimate is given as it relates to the proposed ordinance titled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING CHAPTER 82 BUILDINGS AND BUILDING REGULATIONS TO ADOPT REGULATIONS TO ALLOW THE CONSTRUCTION AND INSTALLATION OF ROOFTOP AMENITIES ON MULTIFAMILY, MIXED -USE, AND COMMERCIAL BUILDINGS WHICH SATISFY THE REQUIREMENTS SET FORTH IN THIS ORDINANCE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Parts I -IV below are not required to be completed if the ordinance involves any one of the following types of exemptions. Please check if applicable: I. Ordinances required for compliance with federal or state law or regulation; 2. Ordinances relating to the issuance or refinancing of debt; 3. Ordinances relating to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; 4. Ordinances required to implement a contract or an agreement, including, but not limited to, any federal, state, local, or private grant, or other financial assistance accepted by a municipal government; 5. Emergency ordinances; 6. Ordinances relating to procurement; or 7. Ordinances enacted to implement the following: a. Development orders and development permits, as those terms are defined in s. 163.3164, and development agreements, as authorized by the Florida Local Government Development Agreement Act under ss. 163.3220-163.3243; b. Comprehensive plan amendments and land development regulation amendments initiated by an application by a private party other than the municipality; c. Sections 190.005 and 190.046; d. Section 553.73, relating to the Florida Building Code; or e. Section 633.202, relating to the Florida Fire Prevention Code. Part I. Summary of the proposed ordinance and statement of public purpose: (Address the public purpose to be served by the proposed ordinance, such as serving the public health, safety, morals, and welfare of the City of Cape Canaveral.) Due to the City's limited and compact geographical area, there is a need within the City of Cape Canaveral for additional outdoor amenity space for residents and visitors. One option to increase outdoor amenity space is to allow better use of the roof space of buildings. The purpose of the Ordinance is to utilize underused rooftop space on suitable buildings, offering additional outdoor areas for residents, tenants, or guests without expanding the building's footprint. Rooftop amenities will provide opportunities to relax, socialize, and enjoy recreational activities in an outdoor environment, enhancing the overall quality of life and making the building more attractive and livable. Rooftop amenities shall be permitted on any commercial, mixed -use, and multifamily building located within the A1A Economic Opportunity Overlay District, provided the amenities are customarily associated with or incidental and accessory to the primary use(s) of the building. The Ordinance establishes minimum building, fire, site plan, zoning, and safety standards for rooftop amenity areas. Part II. Estimate of the direct economic impact of the proposed ordinance on private, for -profit businesses in the City of Cape Canaveral: (fill out subsections a-c as applicable, if not applicable write "not applicable") (a) Estimate of direct compliance costs that businesses may reasonably incur if the proposed ordinance is enacted: The Ordinance allows owners of existing or new multi -family and commercial buildings to construct a rooftop amenity area. Construction of such an area is voluntary and will be subject to permitting by the City in the same manner as any other construction. As such, costs associated with compliance with the Ordinance are governed by the City's general permitting fees such as building and other land development permit fees. No special fees are being imposed on businesses to comply with the Ordinance. (b) Identification of any new charges or fee on businesses subject to the proposed ordinance, or for which businesses will be financially responsible; and Not applicable. (c) An estimate of the City of Cape Canaveral's regulatory costs, including an estimate of revenues from any new charges or fees that will be imposed on businesses to cover such costs. No new charges or fees are being imposed on businesses. Because the construction of rooftop amenity areas on suitable buildings is voluntary, there are no special regulatory costs associated with the Ordinance. Fees imposed on businesses and owners to construct a rooftop amenity area are the same as any other construction project and will be governed by the City's building and land development permit fees schedule. Regulatory costs on the City related to rooftop amenity areas will be absorbed by the City as part of ordinary operating costs associated with routine permitting under the City's building and fire code and land development code. Part III. Good faith estimate of the number of businesses likely to be impacted by the ordinance: The construction of rooftop amenity areas is completely voluntary. The number of businesses that may construct a rooftop amenity area is unknown at this time. However, recently the City has received some interest expressed by new hotel and mixed -use developers to construct a rooftop amenity area in conjunction with their respective proposed projects. Part IV. Additional Information the City Council may find useful (if any): The City Council passed Ordinance No. 20-2024 on First Reading on October 15, 2024. This Business Impact Estimate may be revised following its initial posting. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 19, 2024 AGENDA ITEM SUMMARY • ITEM # 8 Subject: Ordinance No. 21-2024; amending Section 54-7 of the City Code related to hours of operation and general use of City parks for City electric vehicle charging stations; 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 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). Upon initial activation, all of the City's new charging stations were set to operate between 6:30 a.m. and 9:30 p.m. each day. These operating hours were put into 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 its July 16, 2024, Regular Meeting (Attachment 1), City 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 specific City parks. At its August 20, 2024 Regular Meeting, Resolution No. 2024-08 (Attachment 2) was unanimously approved by Council updating the City's public EV charging station program fee schedule to include overnight charging access specifically at City Hall. With this update, the current rate structure remained the same at all charging stations with one exception; the idle fee is not 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. To address the other part of the consensus, Ordinance No. 21-2024 (Attachment 3) allows certain limited areas within a City park to be open for extended hours to allow the charging of electric vehicles at City owned or controlled EV charging stations provided the charging is occurring in a manner that complies with the charging terms and conditions established by the City; meaning EVs must be actively utilizing a charging station to recharge while parked. General overnight parking in City parks is a citable offense via the Brevard County Sheriff's Office (BCSO) per Section 54-8(f), which states that "it is unlawful to leave a vehicle standing or parked in established parking areas or elsewhere in a City park during hours when the City park is closed." The fee schedule would mirror what is currently in place at City Hall's charging stations. City of Cape Canaveral City Council Meeting • November 19, 2024 Agenda Item # 8_ Page 2 of 2 At its October 15, 2024 Regular meeting, Council approved Ordinance No. 21-2024 at first reading. The Notice of Hearing was placed for advertisement in Florida Today on November 7, 2024 and the Ordinance is now presented for second reading and final adoption. The City Attorney re -reviewed Resolution No. 2024-08, which is the City charging station program's fee schedule, and has stated that a new resolution is not necessary to accommodate Ordinance No. 21-2024. Outreach: Staff have prepared a draft letter (Attachment 4) 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 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. BCSO deputies already conduct nightly patrols at City parks to ensure community safety and security, and it was stated that this new ordinance would be enforced via the continuation of these existing nighttime patrols. Parking areas with charging stations would be inspected by deputies on these nightly patrols to ensure compliance and cited as appropriate and necessary. Canaveral Fire Rescue has also been made aware of the charging station's updated hours of operation. Between program activation on December 6, 2023, and November 3, 2024, the stations have recorded 1,268 individual plug -ins and have generated $4,102 in revenue. Submitting Department Director: Zachary Eichholz Attachments: 1. Draft July 16, 2024, City Council Regular Meeting Minutes — Excerpt 2. Resolution No. 2024-08, adopted August 20, 2024 3. Proposed Ordinance No. 21-2024 4. Draft of outreach letter to condo associations notifying expanded program operating hours 5. Business Impact Estimate 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. 21-2024 on second reading. A • • roved b Cit Mana • er: Todd Morle Attachment 1 City of Cape Canaveral, Florida 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. ADJOURN Q(EI JT:jLrh I4 eting was adjourned at 10:32 p.m. Wes Morrison, Mayor 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 Page2of3 ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 20th day of August 2024. SEAL ° _ AT'E . 5o 1 Via° °° .. is Y, CSC!•,... Mia Goforth, C` City Clerk Grp/4144:04 Wes Morrison, Mayor Name FOR AGAINST Kim Davis x Kay Jackson x Mickie Kellum Motion Wes Morrison x Don Willis Second Approved as to legal form and sufficiency For th ity of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2024-08 Page 3 of 3 Attachment 3 1 ORDINANCE NO. 21-2024 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, FLORIDA; AMENDING SECTION 54-7 OF THE CITY 5 CODE RELATED TO HOURS OF OPERATION AND GENERAL USE 6 OF CITY PARKS FOR CITY ELECTRIC VEHICLE CHARGING 7 STATIONS; PROVIDING FOR THE REPEAL OF PRIOR 8 INCONSISTENT ORDINANCES AND RESOLUTIONS, 9 INCORPORATION INTO THE CODE, SEVERABILITY AND AN 10 EFFECTIVE DATE. 11 12 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State 13 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by 14 law; and 15 16 WHEREAS, the City, from time to time, may install City owned electric vehicle charging 17 stations for use by the general public on City owned property including City parks; and 18 19 WHEREAS, when installed, the use of these electric charging stations will be subject to the 20 terms and conditions established by the City Council and such terms may include allowing the 21 public to utilize these stations during hours outside of general open park hours established by 22 the City; and 23 24 WHEREAS, the City Council desires to amend the general open park hours established 25 under Section 54-7 to explicitly recognize that the City Council may provide a specific exception 26 and permit City electric vehicle charging stations installed within City parks to be utilized outside 27 of general open park hours if such use is permitted by administrative rule adopted by the City 28 Manager or the City Council by resolution; and 29 30 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 31 ordinance to be in the best interests of the public health, safety and welfare of the citizens of Cape 32 Canaveral. 33 34 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 35 ORDAINS, AS FOLLOWS: 36 37 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this 38 reference as legislative findings and the intent and purpose of the City Council of the City of Cape 39 Canaveral. 40 41 Section 2. Amending Section 54-7 of the City Code. The City of Cape Canaveral Code 42 of Ordinances, Section 54-7, is hereby amended as set forth below (underlined type indicates 43 additions and strikeout type indicates deletions, while * * indicate deletions from this Ordinance 44 of said Section 54-7 of the City Code which shall remain unchanged in the City Code): 45 46 City of Cape Canaveral Ordinance No. 21-2024 Page 1 of 3 1 Sec. 54-7. Hours of operation and general use of city parks. 2 3 (a) All city parks shall be closed during the evening time period from dusk (sunset) to dawn 4 (sunrise) unless otherwise provided for herein. Signs stating park hours shall be posted 5 prominently in each city park. 6 7 * * * 8 (c) The city council by resolution or the city manager by administrative rule may adopt more 9 restrictive or extended hours for any particular city park on a case -by -case basis if legitimate 10 circumstances warrant hours of operation different than those set forth in subparagraph (a) of this 11 section. Such basis may include, but shall not be limited to, allowing certain limited areas within 12 a city park to be open for extended hours to allow the charging of electric vehicles at city owned 13 or controlled electric vehicle charging stations provided the charging is occurring in a manner that 14 complies with the charging terms and conditions established by the city. 15 16 * * * 17 18 19 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 20 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 21 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 22 23 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape 24 Canaveral City Code and any section or paragraph, number or letter and any heading may be 25 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and 26 like errors may be corrected and additions, alterations, and omissions, not affecting the 27 construction or meaning of this Ordinance and the City Code may be freely made. 28 29 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 30 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 31 competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall 32 be deemed a separate, distinct and independent provision, and such holding shall not affect the 33 validity of the remaining portions of this Ordinance. 34 35 Section 6. Effective Date. This Ordinance shall become effective immediately upon 36 adoption by the City Council of the City of Cape Canaveral, Florida. 37 38 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19th day of November, 39 2024. 40 41 42 43 Wes Morrison, Mayor 44 45 46 City of Cape Canaveral Ordinance No. 21-2024 Page 2 of 3 1 ATTEST: For Against 2 3 Kim Davis 4 5 Mia Goforth, CMC Mickie Kellum 6 City Clerk 7 Kay Jackson 8 9 Wes Morrison 10 11 Don Willis 12 13 First Reading: October 15, 2024 14 Advertisement: November 7, 2024 15 Second Reading: November 19, 2024 16 17 Approved as to legal form and sufficiency 18 for the City of Cape Canaveral only by: 19 20 21 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 21-2024 Page 3 of 3 Attachment 4 4 ACE Aid4 1 A \ F CITY OF CAPE CANAVERAL CITY OF r L r r C 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 City EV charging stations remain available for charging 24/7. No idle fee is present for those that plug in between 9:31 p.m. and 6:30 a.m. An idle fee will begin at 6:31 a.m. 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@capecanaveral.gov. Thank you. Attachment 5 THE CITY OF CAPE CANAVERAL BUSINESS IMPACT ESTIMATE PURSUANT TO F.S. 166.041(4) This form should be included in the agenda packet with the proposed ordinance to be considered. It must be posted on the City's website by the time notice of the proposed ordinance is published pursuant to Section 166.041(3)(a), Florida Statutes. City Council Meeting Dates: November 19, 2024 Ordinance Number: 21-2024 Date Posted to Webpage: November 1, 2024 This Business Impact Estimate is given as it relates to the proposed ordinance titled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING SECTION 54-7 OF THE CITY CODE RELATED TO HOURS OF OPERATION AND GENERAL USE OF CITY PARKS FOR CITY ELECTRIC VEHICLE CHARGING STATIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. Parts I -IV below are not required to be completed if the ordinance involves any one of the following types of exemptions. Please check if applicable: I. Ordinances required for compliance with federal or state law or regulation; 2. Ordinances relating to the issuance or refinancing of debt; 3. Ordinances relating to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; 4. Ordinances required to implement a contract or an agreement, including, but not limited to, any federal, state, local, or private grant, or other financial assistance accepted by a municipal government; 5. Emergency ordinances; 6. Ordinances relating to procurement; or 7. Ordinances enacted to implement the following: a. Development orders and development permits, as those terms are defined in s. 163.3164, and development agreements, as authorized by the Florida Local Government Development Agreement Act under ss. 163.3220-163.3243; b. Comprehensive plan amendments and land development regulation amendments initiated by an application by a private party other than the municipality; c. Sections 190.005 and 190.046; d. Section 553.73, relating to the Florida Building Code; or e. Section 633.202, relating to the Florida Fire Prevention Code. Part I. Summary of the proposed ordinance and statement of public purpose: (Address the public purpose to be served by the proposed ordinance, such as serving the public health, safety, morals, and welfare of the City of Cape Canaveral.) The Ordinance addresses the regulation of hours of operation at City parks related to City owned or controlled EV charging stations at City parks. Specifically, the Ordinance clarifies Section 54-7 of the City Code to explicitly recognize that allowing certain limited areas within a City park to be open for extended hours to allow the charging of electric vehicles at city owned or controlled electric vehicle charging stations is a legitimate basis for restricting or extending hours in such areas. Part II. Estimate of the direct economic impact of the proposed ordinance on private, for -profit businesses in the City of Cape Canaveral: (fill out subsections a-c as applicable, if not applicable write "not applicable") (a) Estimate of direct compliance costs that businesses may reasonably incur if the proposed ordinance is enacted: The Ordinance will not impose any compliance costs on businesses. (b) Identification of any new charges or fee on businesses subject to the proposed ordinance, or for which businesses will be financially responsible; and Not applicable. However, the City does impose charging rates by separate resolution for EV charging at City owned or controlled EV charging stations. The City's EV charging stations are available for personal or business EV customers. (c) An estimate of the City of Cape Canaveral's regulatory costs, including an estimate of revenues from any new charges or fees that will be imposed on businesses to cover such costs. Extending the hours of operation at City owned or controlled charging stations in limited areas at City parks may result in the charging stations being used more by customers. As usage increases, the City will earn more revenue based on the EV customer's usage and the City's established EV charging rate schedule. The Ordinance does not impose any regulatory costs on businesses. Part III. Good faith estimate of the number of businesses likely to be impacted by the ordinance: The utilization of City owned or controlled EV charging stations at City parks is voluntary. It is unknown how many businesses currently utilize the EV charging stations at City parks. The City also cannot predict how many businesses will utilize the EV charging stations during any extended hours of operation. Part IV. Additional Information the City Council may find useful (if any): The City Council passed Ordinance No. 21-2024 on First Reading on October 15, 2024. This Business Impact Estimate may be revised following its initial posting. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 19, 2024 AGENDA ITEM SUMMARY • ITEM # 9 Subject: Appoint a Council Member as the 2025 Alternate Delegate to the Space Coast Transportation Planning Organization Governing Board, representing the North Beaches Coalition. Department: City Clerk's Office Summary: The Space Coast Transportation Planning Organization (SCTPO) is a metropolitan planning organization established under § 339.175, F.S., to coordinate transportation planning and funding throughout Brevard County. The SCTPO Governing Board (Board) and various committees provide a forum for cooperative decision -making by officials of the affected governmental entities with input from citizens and constituency groups. The Board in its current form was created in 2005, with the City of Cape Canaveral joining with the City of Cocoa Beach in 2006 to share a Voting Delegate seat as the "North Beaches Coalition" (NBC), having renewed it most recently in 2022, through the year 2032. (Attached) The City of Cocoa Beach held the Voting Delegate seat for calendar year 2024, with the City of Cape Canaveral holding the Alternate seat. Per the terms of this Agreement, the City of Cape Canaveral will hold the Alternate seat again for 2025. Don Willis is the City's current NBC Alternate and Cocoa Beach Commissioner Skip Williams is the Voting Delegate. It is now incumbent upon City Council to appoint a Council Member as the SCTPO NBC Alternate for 2025. Submitting Department Director: Mia Goforth Attachment: 2022 SCTPO Interlocal Agreement Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Appoint a Council Member as an Alternate to the SCTPO Governing Board for 2025, representing the NBC. Approved by City Manager: Todd Morley CFN 2022101329, OR BK 9483 Page 1248, Recorded 04/22/2022 at 09:11 AM Rachel M. Sadoff, Clerk of Courts, Brevard County THIS INSTRUMENT RETURN TO: Loredana Kalaghchy, CMC, City Clerk City of Cocoa Beach City Hall - First Floor 2 S. Orlando Ave. Cocoa Beach, FL 32932 THIS INSTRUMENT PREPARED BY: Paul R. Gougelman, III, General Counsel Space Coast Transportation Planning Organization Weiss Serota Helfman Cole & Bierman, P.L. 200 East Broward Blvd. — 19th Floor Ft. Lauderdale, FL 33301 INTERLOCAL AGREEMENT WITH RESPECT TO VOTING REPRESENTATION ON SPACE COAST TRANSPORTATION PLANNING ORGANIZATION II THIS AGREEMENT is made and entered into as of the . day of 4; l 202.A_, by and between the CITY OF COCOA BEACH, Florida, a Florida Municipal Corporation (herein: "Cocoa Beach"), and the CITY OF CAPE CANAVERAL, Florida, a Florida Municipal Corporation (herein: "Cape Canaveral"). WITNESSETH: WHEREAS, the Space Coast Transportation Planning Organization, f/k/a the Brevard County Metropolitan Planning Organization (herein: the "TPO") is a metropolitan planning organization established under Section 339.175, Florida Statutes, to coordinate transportation planning and finance throughout Brevard County; WHEREAS, during the 1990s and the first decade in the 21st Century, Cocoa Beach was accorded a single voting delegate seat on the TPO Governing Board; WHEREAS, Cocoa Beach and Cape Canaveral have previously agreed to provide a methodology by which the two municipalities may share the aforesaid single voting delegate seat on the TPO Governing Board; WHEREAS, the first such Interlocal Agreement to share a voting delegate seat was recorded on March 17, 2006, in Official Records Book 5618, Page 1713, Public Records of Brevard County, Florida; WHEREAS, the second such Interlocal Agreement to share a voting delegate seat was recorded on March 7, 2013, in Official Records Book 6819, Page 912, Public Records of Brevard County, Florida; Space Coast TPO/North Beaches Coalition Interlocal Agreement4 2/8/21 1 OR BK 9483 PG 1249 WHEREAS, it is the desire of Cocoa Beach and Cape Canaveral to continue such previous arrangement to provide a methodology by which the two municipalities may share the aforesaid single voting delegate seat on the TPO Governing Board; WHEREAS, the authority to undertake sharing of a delegate seat on the TPO Governing Board is provided in Section 339.175(3)(a), Florida Statutes (2021), which states in pertinent part: (a) The voting membership of an M.P.O. shall consist of at least 5 but not more than 25 apportioned members, with the exact number determined on an equitable geographic -population ratio basis, based on an agreement among the affected units of general- purpose local government and the Governor, as required by federal regulations. In accordance with 23 U.S.C. s. 134, the Governor may also allow M.P.O. members who represent municipalities to alternate with representatives from other municipalities within the metropolitan planning area which do not have members on the M.P.O. ... Voting members shall be elected officials of general- purpose local governments, one of whom may represent a group of general-purpose local governments through an entity created by an M.P.O. for that purpose.....; WHEREAS, the Governor has authorized the sharing of a representative on the Space Coast TPO pursuant to a letter dated July 9th, 2013, executed through the Florida Department of Transportation; WHEREAS, the undersigned parties for the purposes of this Agreement, and for the purpose of reference by the TPO, have designated the arrangement provided for herein to be informally and colloquially referred to as the "North Beaches Coalition"; WHEREAS, this Agreement is entered as an interlocal agreement pursuant to Section 163.01, Florida Statutes (2021), and is also entered into pursuant to the home rule power of each of the municipalities as provided in Section 166.021, Florida Statutes, and Article VIII, Section 2, Florida Constitution of 1968; WHEREAS, pursuant to this Agreement, the parties have provided for an arrangement by which the voting delegate on the TPO Governing Board will be rotated between Cocoa Beach and Cape Canaveral on a scheduled basis; WHEREAS, the parties have further agreed to establish an organized method to provide joint instructions to their single voting delegate to the TPO; Space Coast TPO/North Beaches Coalition Interlocal Agreement4 2/8/21 2 OR BK 9483 PG 1250 WHEREAS, by its language, this Agreement will expire on December 31, 2032, but may be extended from time to time; WHEREAS, this Agreement was approved on A-rk ,3 , 2022, by the Cocoa Beach City Commission; and WHEREAS, this Agreement was approved on J1'totr4- IS , 2022, by the Cape Canaveral City Council. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties that: 1. Recitals. Each and all of the recitals ("WHEREAS clauses") above be and the same are hereby incorporated herein and declared to be true and correct. 2. Appointment of Voting Delegate. The single voting delegate holding the North Beaches Coalition seat on the TPO and representing the collective interests of Cocoa Beach and Cape Canaveral is hereby designated by the governing body of each respective municipality according to the following schedule: Designating Party Cocoa Beach Cape Canaveral Calendar Years for Designation 2024, 2025, 2028, 2029, & 2032 2022, 2023, 2026, 2027, 2030 & 2031 In the event that any party to this Agreement fails to designate the actual elected official who serves as North Beaches Coalition delegate to the TPO at or prior to the commencement of the two-year term for that voting delegate set forth in the preceding table, the voting delegate designated for the immediate prior two-year term will continue as such voting delegate until such time as said delegate's successor has been designated. 3. Powers and Duties of Voting Delegate. (a) The person designated as the voting delegate for the North Beaches Coalition seat on the TPO in accordance with the terms of the preceding paragraph of this Agreement need not reside within the corporate limits of the designating municipality, but must be an elected official of either Cape Canaveral or Cocoa Beach. (b) The party municipality that is a party to this Agreement who has the power to designate a voting representative during any two -calendar year period also may designate an alternate voting representative. The person designated as the alternate voting Space Coast TPO/North Beaches Coalition Interlocal Agreement4 2/8/21 3 OR BK 9483 PG 1251 delegate for the North Beaches Coalition seat on the TPO in accordance with the terms of this Agreement need not reside within the corporate limits of the designating municipality, but must be an elected official of either Cape Canaveral or Cocoa Beach. (c) During each two-year term set forth in herein, the voting delegate and the alternate voting delegate will serve at the pleasure of the designating municipality, which municipality has the power to rescind any such designation and to name any other elected official of one of the two municipalities as the voting delegate or alternate voting delegate for the North Beaches Coalition. 4. TAC and CAC Members. In the event that the TPO seats only one Technical Advisory Committee ("TAC") member or one Citizens Advisory Committee ("CAC") member to represent both Cocoa Beach and Cape Canaveral, the party to this Agreement designating the TPO voting delegate will also have the authority to designate the sole TAC or CAC member(s) to represent the parties to this Agreement. In the event that the TPO will permit a TAC or a CAC member to represent each municipality, the governing body of each municipality will appoint the TAC and CAC member to represent that particular individual municipality. To the extent permitted by law and pursuant to Section 339.175(6), Florida Statutes, TAC and CAC members will serve at the pleasure of the appointing authority. 5. Expiration. This Agreement will expire on December 31, 2032; provided, that the respective governing bodies of Cape Canaveral and Cocoa Beach may agree from time to time to extend, amend, or terminate this Agreement by written instrument. No such written instrument will be effective until the amendatory instrument is: approved by the governing bodies of each of the two municipalities, executed by appropriate officials of each governing body, and recorded with the Brevard County Clerk of the Court as provided in Section 163.01(11), Florida Statutes (2021). Upon recordation in the Public Records of Brevard County, Florida, a recorded copy must promptly be furnished to the Executive Director of the TPO by either Cocoa Beach or Cape Canaveral. 6. Agreement Termination. The Interlocal Agreement to share a voting delegate seat recorded on March 17, 2006, in Official Records Book 5618, Page 1713, Public Records of Brevard County, Florida, is hereby declared to be terminated. The Interlocal Agreement to share a voting delegate seat recorded on March 7, 2013, in Official Records Space Coast TPO/North Beaches Coalition Interlocal Agreement4 2/8/21 4 OR BK 9483 PG 1252 Book 6819, Page 912, Public Records of Brevard County, Florida, shall terminate according to its terms This Agreement shall terminate if at any time during the term hereof, both Cocoa Beach and Cape Canaveral shall be accorded no voting representative on the Space Coast TPO Governing Board pursuant to Florida Statutes. 7. Interpretation This Agreement and the terms herein were negotiated jointly by Cocoa Beach and Cape Canaveral, and the two municipalities had the full choice of wording thereof. Consequently, no term, provision, or section hereof will be more harshly construed against either party hereto as the drafter of this Agreement. 8. Effective Date. This Agreement will become effective upon recordation in the Public Records of Brevard County, Florida, as maintained by the Brevard County Clerk of Court pursuant to Section 163.01(11), Florida Statutes (2021) IN WITNESS WHEREOF, the City of Cape Canaveral, Florida, and the City of Cocoa Beach, Florida, caused this agreement to be adopted the day and year set forth below. Loredana,'Kala06119, CMC, t its Clerk', KGB^ u ATTEST' o CITY OF COCOA BEACH, FLORIDA, a Florida Municipal Corporation By M 04.44Crif-Gore%Crtissioner Dated: p3 - c:73;' 202 L (CITY SEAL) CITY OF CAPE CANVERAL, FLORIDA, a Florida Municipal Corporation By otta— E,s McRpro►J , its MA votk Dated. MARCH /S. , 202 2 (CITY SEAL) Mia Goforth, , C, its 1 City Clerk Space Coast TPO/North Beaches Coalition Interlocal Agreement4 2/8/21 5 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 19, 2024 AGENDA ITEM SUMMARY • ITEM # 10 Subject: Discussion on City of Cape Canaveral Code Enforcement Metrics and any applicable policies [Postponed from October 15, 2024] Submitted to: City Council Summary: As we strive to enhance the quality of life for our community, we must ensure our Code Enforcement Department operates with transparency, accountability, and effectiveness. By implementing key performance metrics, we can better assess the department's impact, identify areas for improvement, and ultimately provide excellent service to our community. Below are some proposed metrics for discussion. Proposed Metrics: 1. Response Time to Complaints a. What it Measures: The average time taken for the Code Enforcement Department to respond to resident complaints. b. Importance: Quick responses demonstrate the department's commitment to community concerns, fostering trust and satisfaction within the community. Tracking this metric allows us to assess efficiency and allocate resources effectively. 2. Compliance Rate a. What it Measures: The percentage of properties that achieve compliance within a specified time frame after a code violation is reported. b. Importance: A high compliance rate indicates successful enforcement and resolution processes, ensuring that properties meet community standards. It reflects the department's ability to educate and engage property owners positively. 3. Number of Inspections Conducted a. What it Measures: The total number of inspections carried out by code enforcement officers within a defined period. b. Importance: This metric provides insight into the proactive efforts of the department in monitoring and maintaining community standards. It can help identify trends in violations and inform future resource allocation. 4. Repeat Violation Rate a. What it Measures: The percentage of properties that have repeated violations within a specific time frame after being addressed. b. Importance: Monitoring repeat violation rates allows us to understand the effectiveness of our educational outreach and compliance strategies. A lower rate suggests that the department is successfully fostering long-term compliance. 5. Community Outreach Engagement a. What it Measures: The number of community meetings, educational workshops, and outreach programs conducted by the Code Enforcement Department. b. Importance: Engaging with the community is essential for raising awareness about codes and fostering a culture of compliance. This metric helps to gauge the department's efforts in educating residents and building strong community relationships. City of Cape Canaveral City Council Meeting • November 19, 2024 Agenda Item # 10 Page 2 of 2 6. Resident Satisfaction Surveys a. What it Measures: Feedback from residents regarding their experiences with the Code Enforcement Department, gathered through periodic surveys. b. Importance: Understanding resident satisfaction helps the department tailor its services to better meet community needs. It provides qualitative insights that can drive improvements in processes and communication. 7. Cost of Code Enforcement per Case a. What it Measures: The average cost incurred by the city to enforce code violations per case. b. Importance: This metric allows us to assess the financial efficiency of the Code Enforcement Department. Understanding costs can help in budgeting and determining the value delivered to the community relative to resources expended. Providing key performance metrics in a monthly report to the City Council and Community from the Code Enforcement Department as Informational items will provide us with the necessary tools to enhance accountability, improve operational efficiency, and ensure that we are effectively serving our community. By discussing and considering the opportunity to have these metrics, we not only commit to transparency and excellence in code enforcement but also actively demonstrate our dedication to the health and well-being of our city Action Requested: Consideration of the proposed key performance metrics to be provided in a report from the City Manager from the Code Enforcement Department. Submitting Council Member: Mayor Wes Morrison Attachments: None. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 19, 2024 AGENDA ITEM SUMMARY • ITEM # 11 Subject: Update to the January 24, 2024 Special Council Meeting. [Postponed from October 15, 2024] Department: City Manager's Office and 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. At the September 17, 2024 Regular City Council Meeting, City Council discussion included: the Mayor being the Member of City Council closest to the issues referenced herein; request for the Mayor to list frustrations and ideas to bring this item to closure; the Mayor meeting with City Manager, City Attorney, City Engineer, and others to articulate all concerns toward bringing this item to closure; the Mayor calling for a Special Meeting of the City Council prior to the October 15, 2024 Regular Council Meeting after meeting with City Manager, City Attorney, City Engineer and others, to provide the Mayor's perspective; utilizing the audit capabilities of BS&A; and whether this Agenda Item needs to continue recurring. No action was taken. On September 19, 2024, the City Attorney forwarded a Demand Letter regarding the Fillmore Avenue properties. On September 24, 2024, the Mayor, City Manager and City Attorney met to review the Code Enforcement Record related to Jackson Avenue. On September 30, 2024 the Mayor, City Manager, City Attorney, IT Manager and Senior Code Enforcement Officer met to review the Code Enforcement Record related to Jackson Avenue. At the October 15, 2024 Regular City Council Meeting, this item was postponed to the November 19, 2024 Regular City Council Meeting. 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 Complete. See Laserfiche folder: CC-LF\Public building permit inspections report showing Records Requests and Reports\Fillmore date, type of inspection and disposition, and Updates From Staff. in the case of failed inspections, cited codes and any inspector notes. This report applies The Building Official (BO) resigned on April 30, 2024. However, prior to his departure, the to all codes applicable to all permitted former BO stated that a written statement construction performed at 304, 306, 314 and would be provided to the C&ED Director at the 316 Fillmore Avenue. Include Building completion of the on -going site improvements Official's statement that all necessary as recommended in the Kimley Horn and inspections were ultimately approved. Associates (KHA) Stormwater Report. The new Building Official will provide the statement when the project is completed. City of Cape Canaveral City Council Meeting • November 19, 2024 Agenda Item # 11 Page 2 of 4 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. 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. 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. On September 10, 2024, at Staff's request, KHA submitted a documented titled "Villas at Fillmore Ave — Stormwater Addendum", indicating the documents reviewed by KHA pertaining to the Villas at Fillmore Project. This document has been saved in the same Laserfiche folder. 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. 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. City of Cape Canaveral City Council Meeting • November 19, 2024 Agenda Item # 11 Page 3 of 4 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. The City Attorney has been in contact with the attorney representing Cape III, LLC. The City Manager met with owners of the Fillmore Townhomes. On September 19, 2024, the City Attorney forwarded a Demand Letter to the various parties to development. 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 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. Status Complete. See Laserfiche folder: CC-LF\Public Records Requests and Reports\Jackson Avenue Code Enforcement Correspondence. • What is included: o Field Notes o Official Notices (Notices of Violation, Revised Notices of Violation, Code Enforcement Board minutes, Code Enforcement Board Orders, Notices of Hearings, Orders of the Special Magistrate, Special Magistrate Agenda Packets. • What is not included: Working draft documents were determined to be unhelpful and have created some confusion. For these reasons, working draft documents have not been placed in the Laserfiche folder. To be presented in a future City Council update. City of Cape Canaveral City Council Meeting • November 19, 2024 Agenda Item # 11 Page 4 of 4 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. Complete. See Laserfiche folder: CC-LF\Public Records Requests and Reports\Jackson Avenue Code Enforcement. Ongoing. Complete. See Laserfiche folder: CC-LF\Public Records Requests and Reports\Jackson Avenue Code Enforcement. Additional: Due to lack of substantiating evidence, the entry under 5/24/23, "Staff received a complaint, while conducting the site visit from the owner of the thrift store regarding the filling in of the required swale", has been stricken from the Code Officer Field Notes record. Moving forward, Code Enforcement Staff will document all violations and compliance with date and time stamped video, photographic, or other appropriate evidence, as applicable, prior to creating the record. Submittin • De • artment Director: Todd Morle Attachment: Minutes of Januar 24, 2024 Re. ular Cit Council Meetin. 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: Discuss Update to the January 24, 2024 Special Council Meeting. A • • roved b Cit Mana • er: Todd Morle 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 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 19, 2024 AGENDA ITEM SUMMARY • ITEM # 12 Subject: Discuss and provide direction on the possible implementation of an Emergency Action Policy for using City -owned equipment on private property. Department: Public Works/Capital Projects Summary: On Friday, October 11, 2024, numerous areas of the City showed slight to moderate flooding during and after Hurricane Milton. One of the areas that received more moderate flooding was Cape Canaveral Mobile Estates, a private property off of North Atlantic Avenue. Staff and the Mayor visited this site on many different occasions and gave guidance to the property manager on ways to relieve the flooding. Staff was requested to possibly use the City -owned portable sewage pump to pump the water out into the canal. The City is required to have this pump by the Florida Department of Environmental Protection in order to address emergencies related to the City's sewer system and sewer pumps cannot be used to pump out stormwater into the canal. The City has never authorized the use of its own pumps for this purpose. In the current budget, funds are allocated for the purchase of a stormwater pump. This event triggered the need for a discussion about using the City's coming stormwater pump on private property. Submitting Department Director: June Clark/Tim Carlisle Attachments: None Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following actions: Discuss and provide direction on the possible implementation of an Emergency Action Policy for using City -owned equipment on private property. Approved by City Manager: Todd Morley CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 19, 2024 AGENDA ITEM SUMMARY • ITEM # 13 Subject: Discussion to address the concerns of neighbors of 243 Coral Drive in the Harbor Height subdivision. Submitted to: City Council Summary: This concern began in November 2021 with the elevation of the lot for proposed new house. Multiple communications have been made by the neighbors to stress their concerns of the stormwater runoff. The building pad was filled with compacted fill to approximately elevation of 10.88 before the slab was present. The original boundary survey does not include a pool. Neighbors were told the city would not approve the pool. Now the pool is almost complete. Neighbors on both East and west sides of 243 coral are experiencing run off on their properties. Submitting Council Member: Mayor Pro Tem Kellum Attachments: Boundary survey Memo From John Pekar Notes from Neighbor Rita Perini Drainage survey from Kimley horn Attachment 1 BOUNDARY SURVEY WITH LMTED TOPOGRAPHY & PROPOSED IMPROVEMENTS SECTION 9e. TOWNSHIP 24 SOUTH, RANGE 37 EAST BREVARD COUNTY, FLORIDA ENGINEER OF RECORD EDWARD F. SHINKSIE 4707 WILD TOR( Y RD MIMS, FLORIDA Attachment 2 Memo Community + Economic Development TO: Mike German, Anna Young, Dave Dickey FROM: John Pekar DATE: December 8, 2022 RE: 243 Coral Drive Site Plan On December 7, 2022, a City team reviewed the proposed grading plan for 243 Coral Drive. The building pad had been filled with compacted fill to approximately elevation 10.88, which is higher than adjacent properties at approximately 1.8+ to 9.4+. The first floor slab of the eastern residence (which was the closest) was measured with a level and found to be in conformance to the proposed grade for 243 Coral Drive. in reviewing the latest plan for the 243 Coral Drive site, the following grading comments are noted, 1. The proposed AC pad on the west side of the proposed home will require a swale modification to allow storm drainage flow. (A pvp culvert would be acceptable in this short location). 2. The rear (southern) swale shows a 3.1 side slope and the City's minimum code is 4.1 side slope. 3. ,The fear (southern) eiraifiege swa%"iiS direct 'to the south eetic 't'`owards the eastern neighbor's property,. A special infiltration swale design should be constructed to contain this rear storm water flow. (Perhaps a 57 stone infiltration swale bottom with a filter cloth, 12" minimum depth, and 18" wide. Other options can be considered such as an infiltration garden, etc.). 4. Note, swale system along east and west property lines should be extended to the City's road gutter systems. 5. The major concem of a large building's pad being higher than the neighbor's ground property is storm runoff being directed on the neighbor's yards. The construction of the proposed swales for 243 Coral Drive are very important and will be reviewed closely by the City (Roof drains from the proposed home may require adjustments of the perimeter grading plan). The above grading comments will be discussed with the contractor and building department to see if foundation forming can begin, with agreed upon site grading in near future (i.e. 30 days) to prevent offsite storm flows. Attachment 3 Notes 1) Original Boundary survey/drainage plan Unusually detailed, very well drawn Discrepancy on survey notes referring to distance (Ft) to east property and swale slope ratio Drainage swale detail on the east side shows 8.5 ft from slab to property line. Swale detail B ( per city requirements) requires a slope ratio of 4:1 and this shows 11.5 ft to meet this requirement. That triggers the question is the house slab 2 to 3 ft closer to the east property? This is to be verified by city building officials at slab inspection,referred to as a form board survey, the form board survey shows two critical items: a) Top elevation of forms for slab in order to verify the proposed FFE of 10.88 b) The location on the property for the city set back requirements WE WANT A COPY OF THE ORIGINAL GC'S FORM BOARD SURVEY, WHICH IS REQUIRED BY THE FLORIDA RESIDENTIAL BUILDING CODE TO BE RECORDED INTO PUBLIC RECORD Therefore, if the form board survey shows top of the forms any higher than the proposed boundary survey new slab FFE of 10.88, then the house pad was filled too high and the building officials missed it at inspection. In other words, if the form board were shot at 10.88, the slab is 4" higher than proposed, If the building department missed this at inspection, typically a city variance- approval would be the required method to use if the property owner desired a higher slab. ( did this occur???). The variance approval process is where the 4— drainage hardships to adjacent properties would be identified and decided on. Now let's address the city memo dated Dec.8, 2022 (John Pekar) Memo states the building pad had been filled with compacted fill to the approximate elevation 10.88, making it out of compliance for the improvements to the property because the proposed elevation survey submitted to AHJ to get a permit denotes the FFE of the SLAB to be 10.88 (4" slab on top of 10.88 makes it 4" higher) As stated the memo notes the lot had been filled with compacted fill. Does the original GC and/or the city building department have the density compaction report from the testing company. This is required by the Florida Residential building code for this 2022 permit issued. Roger with city building department told us compaction is not required and I have brought copies of the Florida Residential building code requiring compaction. The original boundary survey does not indicate a pool as part of the property development, and we were told it was submitted and withdrawn twice by the property owner and also that the city would not approve the pool. How is the pool meeting the city setbacks for property line, house and overhead power lines?? At our last meeting with Roger, city building official, we were given a copy of the property permit and told that the city has hired a third party engineer, Kimley Horn, to review and design a drainage system for this property. Is this true and we would like a copy of the proposed drainage system designed by Kimley Horn. Attachment 4 Kimley»>Horn September 25, 2024 City of Cape Canaveral Planning Department 100 Polk Avenue — P.O. Box 326 Cape Canaveral, Florida 32940 RE: 243 Coral Drive — Site Review for Code Compliance To whom it may concem, A retroactive code compliance review was performed for the 243 Coral Drive project at the request of the City of Cape Canaveral. Kimley-Horn was notified by City staff of concem regarding potential flooding issues due to this site's development. The review was based on available information provided by the City staff and the files on BS&A associated with the subject site. It was determined that additional documentation will be required to complete the review. Please provide the following information. • Confirm how the swale conveyance will be maintained with the NC pad impacting the swale geometry. • Recent site visits show the dirt/grass at the foundation level whereas the proposed swale design suggests an exposed footer would be utilized to maintain the appropriate side slopes. Confirm the grading of the swales and tie-in elevations at the house and neighboring properties. • Clarify whether the topographic information shown on attached survey are existing or proposed or as -built. kimley-horn.com 7341 Office Park Place, Suite 102, Melbourne, FL 32940 321 430.1138 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • NOVEMBER 19, 2024 AGENDA ITEM SUMMARY • ITEM # 14 Subject: Discussion on City Charter Review Submitted to: City Council Summary: Discussion on the history of the City Charter with the Council and City Administration to consider appointing a Charter Review Committee and a series of meetings dedicated to reviewing the Charter individually and through joint workshops to propose any amendments. Action Requested: Consider scheduling a future City Council Meeting to review the City Charter and its history to propose amendments through an appointed committee. Submitting Council Member: Mayor Morrison Attachments: None ITEM # 15 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: October 15, 2024 RE: Monthly Financial Report — September 2024 Staff is pleased to present the Monthly Financial Report for the period ending September 30, 2024. At this point in the Fiscal Year, the Year -to -Date Actuals should be 100% of the total annual budget. Total General Fund Departmental costs are 11.6% below target. Administrative Services is running below target at 87.8%. Community Development/Code Enforcement/Economic Development is under target at 89.4%. Building Department is under target at 71.7%. Protective Services are over target by .1%. Fire Rescue is running above target by .1%. Parks Recreation/Community Affairs is 10.3% under target. Non -Departmental expenditures are below budgetary projections by 13.1%. The Community Redevelopment Agency (CRA) has incurred $1,557,018 of expenses for the current Fiscal Year. Wastewater Fund overall costs are under target at 21.5%. The Stormwater Fund is under target cost at 47.6%. The City's General Fund investments total $6,179,941.60; Special Revenue investments total $1,595,191.25; and Enterprise Fund investments total $1,230,047.18. The Grand total of all investments is $9,005,180.03. 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 September 30, 2024 Revenue (12th month of fiscal year = 100%) Ad Valorem Tax To date, the City has received 101.7% of Ad Valorem revenue. The City saw the first Ad Valorem payment in November, and should have seen the highest income in December. Local Option Gas Tax This amount represents actual for October - July and accruals for August and September. This is below target at 93.1%. Franchise Fees, Utility Service Taxes and Communications Service Tax This amount represents some actuals for October - July and some accruals for August and September. These are above target at 102.5%. Permits and Licenses Permits and Licenses are above target at 111.8%. This will see greatest revenue in August/September when the BTR renewals are mailed out. State Shared Revenues These revenues are on target at 99.7%. This amount represents some actuals for October -September, 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 August and an accrual for September. These are above target at 119.7%. Recreation Fees (Leisure Services) Recreation Fees are below target at 74.5%. Investment Income Investment Income is above target at 153.9%. 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 August and an accrual for September. It is below target at 90%. Stormwater Utility Fees (Stormwater Fund) This amount represents actual collections for October through August and an accrual for September. It is on target at 100.1%. City of Cape Canaveral Statement of Revenues&Expenditures Period Ended September 30,2024 GENERAL FUND FY 2023-2024 Sep 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 5,446,700 4,000,000 73.4% 5,446,700 Cash Forward- R&R 200,000 200,000 100.0% 200,000 Ad Valorem Taxes 6,260,562 6,368,909 101.7% 6,260,562 Local Option Gas Tax 358,000 333,202 93.1% 358,000 Franchise Fees 985,500 1,010,959 102.6% 985,500 Utility Taxes 1,376,750 1,532,421 111.3% 1,376,750 Communications Service Tax 424,000 397,275 93.7% 424,000 Permits&Licenses 678,475 758,554 111.8% 678,475 Federal Grants 956,500 344,690 36.0% 956,500 State Grants 75,000 - 0.0% 75,000 State Shared Revenue 1,112,700 1,109,757 99.7% 1,112,700 Local Shared Revenue 134,875 134,875 100.0% 134,875 Charges for Services 106,868 36,297 34.0% 106,868 Garbage&Recycling Revenue 1,514,195 1,811,991 119.7% 1,514,195 Recreation Fees 307,700 229,340 74.5% 307,700 Fines&Forfeitures 18,350 8,528 46.5% 18,350 Interest Income 249,450 383,820 153.9% 249,450 Fire Hydrant Rental Fee 89,950 79,591 88.5% 89,950 Miscellaneous Revenue 50,500 52,106 103.2% 50,500 PAL Program Revenue 25,000 26,354 105.4% 25,000 Transfer from School Guard Crossing Fund 2,100 - 0.0% 2,100 Transfer from CRA Fund 1,114,173 1,114,173 100.0% 1,114,173 Contribution from Wastewater Fund 847,564 847,564 100.0% 847,564 Contribution from Stormwater Fund 19,566 19,566 100.0% 19,566 TOTAL REVENUES 22,354,478 20,799,971 93.0% 22,354,478 EXPENDITURE Legislative 93,077 55,127 59.2% 93,077 Administrative Services 642,011 563,492 87.8% 642,011 Comm Dev/Code Enf/Econ Development 769,216 687,819 89.4% 769,216 Protective Services 3,796,947 3,801,644 100.1% 3,796,947 Fire/Rescue Services 2,611,690 2,641,029 101.1% 2,611,690 Building 493,744 354,080 71.7% 493,744 Infrastructure Maintenance 1,908,396 1,017,090 53.3% 1,908,396 Resiliency Division 1,017,444 719,919 70.8% 1,017,444 Parks Recreation +Community Affairs 2,329,353 2,088,748 89.7% 2,329,353 Legal Services 319,476 209,194 65.5% 319,476 Solid Waste 1,518,000 1,679,948 110.7% 1,518,000 Debt Service 1,420,143 1,420,143 100.0% 1,420,143 Non-Departmental 5,205,912 4,522,746 86.9% 5,205,912 Contingency 229,069 0.0% 229,069 TOTAL EXPENDITURES 22,354,478 19,760,978 88.4% 22,354,478 Excess of Revenues Over/(Under) Expenditures 1,038,993 Page 1 of 7 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended September 30,2024 POLICE EDUCATION FUND FY 2022-2023 Sep 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Police Education Income 1,140 1,017 89.3% 1,140 Interest Income 204 368 180.5% 204 TOTAL REVENUES 1,344 1,386 103.1% 1,344 EXPENDITURE Education&Training - - Contingency 1,344 0.0% 1,344 TOTAL EXPENDITURES 1,344 - 0.0% 1,344 Excess of Revenues Over/(Under) Expenditures 1,386 FIRE PROTECTION FUND FY 2022-2023 Sep 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward R&R - - Interest Income 540 0.0% 540 TOTAL REVENUES 540 - 0.0% 540 EXPENDITURE Contingency 540 0.0% 540 TOTAL EXPENDITURES 540 - 0.0% 540 Excess of Revenues Over/(Under) Expenditures - Page 2 of 7 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended September 30,2024 SCHOOL CROSSING GUARD FUND FY 2022-2023 Sep 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 1,400 0.0% 1,400 Parking Fine Surcharge 700 550 78.6% 700 TOTAL REVENUES 2,100 550 26.2% 2,100 EXPENDITURE Transfer to General Fund 2,100 0.0% 2,100 Contingency - 0.0% - TOTAL EXPENDITURES 2,100 - 0.0% 2,100 Excess of Revenues Over/(Under) Expenditures 550 LIBRARY FUND FY 2022-2023 Sep 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Ad Valorem Taxes 78,019 79,464 101.9% 78,019 Interest Income 5,400 10,626 196.8% 5,400 TOTAL REVENUES 83,419 90,090 108.0% 83,419 EXPENDITURE Operating Expenses 34,475 39,333 114.1% 34,475 Capital Purchases 30,000 24,928 83.1% 30,000 Contingency 18,944 5,000 26.4% 18,944 TOTAL EXPENDITURES 83,419 69,260 83.0% 83,419 Excess of Revenues Over/(Under) Expenditures 20,830 Page 3 of 7 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended September 30,2024 CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY FY 2022-2023 Sep 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward Shared Revenue from Cape Canaveral 1,383,417 1,383,417 100.0% 1,383,417 Shared Revenue from Brevard County 1,217,800 1,217,800 100.0% 1,217,800 Interest Income 2,500 9,238 369.5% 2,500 Transfer from General Fund 150,000 23,164 15.4% 150,000 TOTAL REVENUES 2,753,717 2,633,620 95.6% 2,753,717 EXPENDITURE Operating Expenses 157,215 61,334 39.0% 157,215 Capital Purchases 728,000 329,189 45.2% 728,000 Debt Service 866,496 866,496 100.0% 866,496 Transfer to General Fund 300,000 300,000 100.0% 300,000 Contingency 702,006 0.0% 702,006 TOTAL EXPENDITURES 2,753,717 1,557,018 56.5% 2,753,717 Excess of Revenues Over/(Under) Expenditures 1,076,601 Page 4 of 7 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended September 30,2024 IMPACT FEES FUND FY 2022-2023 Sep 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Interest from Investment - 28,508 0.0% - Impact Fees- Police 19,250 20,270 105.3% 19,250 Impact Fees- Fire/Rescue 3,376 3,631 107.5% 3,376 Impact Fees-Transportation 0.0% - Impact Fees- Parks/Recreation 22,700 23,945 105.5% 22,700 Impact Fees-General Government 15,850 16,702 105.4% 15,850 Impact Fees-Aerial Fire Truck 9,520 9,901 104.0% 9,520 Impact Fees- Library 12,000 12,645 105.4% 12,000 Transfer in from General Fund 499,028 0.0% - TOTAL REVENUES 82,696 614,629 743.2% 82,696 EXPENDITURE Contingency 82,696 0.0% 82,696 TOTAL EXPENDITURES 82,696 - 0.0% 82,696 Excess of Revenues Over/(Under) Expenditures 614,629 LAW ENFORCEMENT TRUST FUND FY 2022-2023 Sep 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Interest-State 40 53 131.8% 40 Transfer from General Fund 11,073 11,073 100.0% 11,073 TOTAL REVENUES 11,113 11,126 100.1% 11,113 EXPENDITURE School Resource Officer 11,113 11,113 100.0% 11,113 TOTAL EXPENDITURES 11,113 11,113 100.0% 11,113 Excess of Revenues Over/(Under) Expenditures 13 Page 5 of 7 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended September 30,2024 WASTEWATER ENTERPRISE FUND FY 2022-2023 Sep 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 300,000 150,000 50.0% 300,000 Federal Grant 127,500 0.0% 127,500 Utility Operating Income 5,519,082 4,967,367 90.0% 5,519,082 Utility Penalty Income 70,000 69,592 99.4% 70,000 Sewer Assessment Fees 84,000 90,370 107.6% 84,000 Reuse Hook-Up Fees 2,925 0.0% 2,925 Reclaimed Water Revenue 91,650 91,483 99.8% 91,650 Investment Income 7,200 20,397 283.3% 7,200 Sale of Fixed Assets 500 0.0% 500 Transfer from General Fund 1,400,000 1,123,785 80.3% 1,400,000 Transfer from CRA Fund 52,323 52,323 100.0% 52,323 SRF Loan Proceeds 1,320,000 456,310 34.6% 1,320,000 Miscellaneous Income 2,000 2,318 115.9% 2,000 Insurance Claims 114,882 0.0% - TOTAL REVENUES 8,977,180 7,138,827 79.5% 8,977,180 EXPENDITURE Personal Services 1,970,298 1,942,414 98.6% 1,970,298 Operating Expenses 1,658,749 1,294,368 78.0% 1,658,749 Debt Service 710,040 759,089 106.9% 710,040 Capital Purchases 3,747,500 2,092,878 55.8% 3,747,500 Insurance Claims 108,143 0.0% - Contribution to General Fund 847,564 847,564 100.0% 847,564 Contingency 43,029 0.0% 43,029 TOTAL EXPENSES 8,977,180 7,044,456 78.5% 8,977,180 Excess of Revenues Over/(Under) Expenses 94,371 Page 6 of 7 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended September 30,2024 STORMWATER ENTERPRISE FUND FY 2022-2023 Sep 24 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 301,500 0.0% 301,500 Grants 580,000 0.0% 580,000 Stormwater Utility Fees 1,087,800 1,089,157 100.1% 1,087,800 Miscellaneous Income 666 0.0% - Investment Income 4,500 13,449 298.9% 4,500 Transfer from General Fund 917,500 867,438 0.0% 917,500 TOTAL REVENUES 2,891,300 1,970,710 68.2% 2,891,300 EXPENDITURE Personal Services 383,327 331,785 86.6% 383,327 Operating Expenses 332,520 141,555 42.6% 332,520 Capital Purchases 1,986,500 1,022,519 51.5% 1,986,500 Contribution to General Fund 19,566 19,566 100.0% 19,566 Contingency 169,387 0.0% 169,387 TOTAL EXPENSES 2,891,300 1,515,424 52.4% 2,891,300 Excess of Revenues Over/(Under) Expenses 455,285 Page 7 of 7 Illelorida State Treasury - Special Purpose Investment Account (SPIA) & FL SAFE JIM J As of September 30,2024 Funds were invested with the State of Florida Division of Treasury,with a rate of return 4.64% Interest earned for the month: $ 35,986.59 General Fund Committed (Constrained by Council) Expansion Recreation 46,811.25 Expansion Police 35,440.82 A1A Replenishment 48,000.00 Capital Equipment Renewal&Replacement 237,844.08 Total Committed $ 368,096.15 Assigned-General Fund Emergency Reserve $ 1,495,349.01 Unassigned $ 569,350.49 Total General Fund SPIA Investments $ 2,432,795.65 Florida Safe General Fund Emergency Reserve 1,817,962.56 Florida Safe Note 2021 0.04 Florida Safe ARPA Reserve 1,929,183.35 Total General Fund Florida Safe Investments Avg Monthly Rate 5.394%: $ 3,747,145.95 ■ Total General Fund Investments: 6,179,941.60 Special Revenue Funds Restricted (by outside party) Police Education Fund 13,229.96 Library Fund 370,957.55 Impact Fees 1,209,110.65 Law Enforcement Trust Fund 1,893.09 Total Restricted $ 1,595,191.25 Total Special Revenue Fund SPIA Investments: 1,595,191.25 Enterprise Funds Wastewater Fund: Wastewater General- Unrestricted 250,000.00 Wastewater Fund Renewal&Replacement 441,556.25 $ 691,556.25 Stormwater Fund: Stormwater Fund- Unrestricted 250,000.00 Stormwater Fund Renewal&Replacement 288,490.93 $ 538,490.93 Total Enterprise Fund SP) vestm ,r' TOTAL SPIA&FLSAFE INVESTMENTS $ 9,005,180.03 FY 23-24 GENERAL FUND CIP GREATER THAN$100,000 SUMMARY SEPTEMBER 30,2024 FY FY CIP# GENERAL FUND 2023-24 2023-24 DIRECTOR NOTES BUDGET ACTUAL INFRASTRUCTURE MAINTENANCE Project start pending acquisition of Hazard Mitigation Grant Program(HMGP)-Hurricane Nicole funding.HMGP funding will cover IM-6 BCSO Solar Array 180,000 - 75%of the project's costs. IM-7 Oak Lane Improvements 250,000 4,450 IM-9 Bike Lane Striping 50,000 11,525 Project start pending acquisition of Hazard Mitigation Grant Program(HMGP)-Hurricane Ian funding.HMGP funding will cover IM-10 C5 Energy Storage Project 110,000 - 75%of the project's costs. Project start pending acquisition of Hazard Mitigation Grant Program(HMGP)-Hurricane Ian funding.HMGP funding will cover 75% IM-12 Portable Generator 110,000 of the project's costs. RESILIENCY DIVISION National Science Foundation Civic Innovation Challenge(CIVIC)grant awarded October 1,2023;project construction not started. 525,000 355,934 Physical construction of the project's proposed rain garden is set to begin in January 2024.Project completion set for September 30, RD-2 Veterans Park Low Impact Development Enhancement 2024. RD-3 EV Charging Station Upgrade 120,000 110,643 Project 100% completed and all EV charging stations activated on December 6,2023. PARKS RECREATION+COMMUNITY AFFAIRS PRCA-11 Veterans Park Redevelopment 750,000 683,352 Ongoing. TOTAL GENERAL FUND $ 2,095,000 $ 1,165,904 FY 23-24 CRA CIP GREATER THAN$100,000 SUMMARY SEPTEMBER 30,2024 FY FY CIP# CRA 2023-24 2023-24 DIRECTOR NOTES BUDGET ACTUAL CR-2 Civic Hub 150,000 64,187 Design ongoing. CR-4 Presidential Streets 300,000 1,500 Project not started;awaiting the final reccomendations from the Presidential Streets Master Plan Phase II One-way Study via Kimley Horn&Associates. CR-8 CAPE Center Fire Alarm 13,000 58,544 TOTAL CRA $ 463,000 $ 124,231 FY 23-24 WASTEWATER CIP GREATER THAN$100,000 SUMMARY SEPTEMBER 30,2024 FY FY CIP# WASTEWATER ENTERPRISE FUND 2023-24 2023-24 BUDGET ACTUAL DIRECTOR NOTES WW-14 Sanitary Sewer GIS Mapping 100,000 14,025 90% Complete. WW-16 Clarifier Replacement 1,400,000 1,123,785 Project started Jan 8,2024. Completion date set for June 2024. WW-17 PW Operations Building Roof 100,000 - Received quotes.3-6 month start date. WW-1 9 Portable Sewer Pump 100,000 - Received quotes(State Contract). WW-20 Blower Pipe for Effluent Transfer 100,000 8,675 Tetra Tech currently formulating Proposal. ETA unknown. WW-21 Lift Station Replacements(#5) 570,000 419,223 95%Complete. WW-22 Pump Enclosure Structures 750,000 361,185 Whole project is 20%complete. WW-23 Resilience Operations Utility Energy Backup System 170,000 - Not started. Start date unknown. TOTAL WASTEWATER ENTERPRISE FUND $ 3,290,000 $ 1,926,894 FY 23-24 STORMWATER CIP GREATER THAN$100,000 SUMMARY SEPTEMBER 30,2024 FY FY CIP# STORMWATER ENTERPRISE FUND 2023-24 2023-24 BUDGET ACTUAL DIRECTOR NOTES SW-2 Central Ditch Improvements 450,000 - SW-6 Oak Lane Improvements 300,000 42,250 Tree trimming for FPL line location and finalizing plans. SW-7 Center Street Basin Improvements 935,000 880,833 Finalizing Plans. SW-10 Portable SW Pump 160,000 - TOTAL STORMWATER ENTERPRISE FUND $ 1,845,000 $ 923,083