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HomeMy WebLinkAboutAgenda Packet 1-15-2013Q9U9 l)*T_11jW*x1 ................ . . . . ..... . ............ 1 -1 t , r, ' 1 77 ape Canaveral r1l", ILI CITY COUNCIL MEETING JAVERAL LIBiRARY MEETING ROO1. (Avenue, Cape Canaveral, Florida Tuesday January 15, 2013 6:00 PM I PRESENTATIONS / INTERVIEWS: FiTeTal MIT, Proclamation designating January 2013 as National Human Trafficking Awareness Month. Key to the City Plaque — Brevard County Sheriff s Office Commander Alan Moros. REPORT: 6.45 *.rt,- — 6i2o City Attorney un 4 1 :4 ILI IN :& C-01 -.J:l M I :rA V !I Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience to Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. MOM Approve Minutes for City Council Meeting of December 18, 2012. 2. Ratify changes to the Agreement between the City of Cape Canaveral and the International Union of Operating Engineers, Local 673 (AFL-CIO) 105 Polk Avenue * Post Of is Box 326 Cape Canaveral, F'L, 32920-0326 Telephone (32 1) 868-1220 Fax: (321) 868-1248 www.cityofctipcc,.i�iavei,�:ii,org * email: City of Cape Canaveral, Florida City Council' Meeting January 15, 2013 Page 2 of 3 3. Ordinance No, 01-2013; relating to the State Revolving Fund Program; pursuant to Section 2.12(5) of the City Charter authorizing one or more loan applications to be filed with the State of Florida Department of Environmental Protection in a total amount not to exceed eight million dollars for purposes of funding certain wastewater and stormwater improvement projects; authorizing the loan agreement(s); establishing pledged revenues; designating authorized representatives; providing assurances; providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date-, first reading. 4, Ordinance No. 012-2013; amending Chapter 110, Zoning, of the Code of Ordinances, to repeal the Special Exception in the C-1 and C-2 Zoning Districts for Commercial Establishments for the storage or parking of recreational vehicles, trailers and trailerable items; amending the M-1 Zoning District regulations to make outside storage a Principal Use; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability and an effective date, first reading. 5. Ordinance No. 03-2013,- amending Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances related to Commercial Parking Facilities in the AlA Economic Opportunity Overlay District; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability, and an effective date, first reading. 6. Resolution No, 2013-01; adopting a revised Investment Policy pursuant to Section 218.415, Florida Statutes-, providing for the repeal of prior inconsistent resolutions and written Investment Policies, severability; and an effective date. T Commercial parking and code -related parking Surface requirements. REPORTS: 7:45 p.m. — 8:00 p.m. 8. Council. City of Cape Canaveral, Florida City Council Meeting January 15, 2013 Page 3 of 3 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 Derk's office (868-1220 x220 or x221) 48 hours in advance of the meeting. City of Cape Canaveral City Council Agenda d City Council RDate: PRESENTATIONS / INTERVIEWS Subject: Proclamation designating January 2013 as National Human Trafficking Awareness Month. Department: Legislative Summary: On September 2, 2012, more than 250 concerned state and, community leaders and advocates attended the first Florida Children and Youth Cabinet Human Trafficking Summit to learn about trafficking in Florida, what the state is doing to prevent it and what people can do to help victims in their own communities. Another 300 individuals participated in the live online webcast of the event. Human trafficking is modern-day slavery through forced labor and commercial sexual exploitation. Statistics rank Florida as the third highest trafficking destination in the country, and half of all trafficking victims are children. Across America, almost 300,000 youth are at risk of becoming victims of commercial sexual exploitation. Many are being trafficked in our own communities. The Governor's Office is seeking the support of all Florida Mayors to assist in communicating information related to Human Trafficking Awareness. In preparation of National Human Trafficking Awareness Month, a reading of the Governor's Proclamation will occur on January 17, 2013 declaring January as Human Trafficking Awareness Month. SubmittiCouncil Member: Mayor Dock Eandels`"' Date: 01/0712010 n ® 4.. ._m__._._._._........_..__....!! � _....._m.__ _ _.._.m.._m..___ Attachments: Proclamation Email from the Governor's Office of Adoption and Child Protection Financial Impact: Staff time to prepare Proclamation and agenda item. eviewved by Interim. Finance Director: John McGinnNs... ..M.�.° Date:/ The City Manager recommends that City Council take t e fo klaowvinog acon(s): Read the City Proclamation designating January 2013 as National Human Trafficking Awareness Month. A proved bar City Mana er: David L Greene Date: l City Council Action: ] Approved as (Recommended Disapproved ]' Approved with Modifications Tabled to Time Certain is are fundamental principles of' the United Lilies WIU WHEREAS, human trafficking is a form of'rnodern day slavery exercised through forced labor, sexual exploitation, debt bondage. involuntary servitude and forced marriage; and PME,REAS, victims of human tratricking include children, adults, U.S. CitiZCDS, residents and loreign nationals-, and I'VIIEREAS, human traffickers use physical mid psychological tactics to instill fear in their victims and keep them enslaved, including coercion and violence against the victims and their families, control of' victims' nioney and threats of' deportation or imprisonment il'the victims reach out flor assistance or escape; and WHE'R'EAS, human trafficking is the fastest growing criminal industry in the world and is tied with arms dealing as wcond largest criminal industry in the world; and WHEREAS, human traffickers view Florida as one of the most attractive destinations and transit points for their victims; and WHEREAS, the people of Florida are committed to protecting the vulnerable and ending human trafficking through CODLinued prevention, ProseCUtion, education and awareness; NOJV, THEREFORE, 1, Rocky Randels, by virtue of' the authority vested in Die as Mayor, of the City of Cape Canaveral, Brevard County, Florida do hereby proclaim the month of'January 2013 as: HUMAN TRAFFICKINGA WARENESS MONTH Ter LMI Randels .............. . .. . From: Jenny Anderson <JAnderson@fIcities.com> Sent: Thursday, December 06, 2012 4:02 PM Cc: 'Deborah Polston',- John Thomas; Gibson, Zackary; Tyson-Elliott@dcf.state.fl.LIS; McCowen, Courtney; gilda-fei,i-adaz@dcf.state.fl.us; 'Gilds Ferradaz' Subject: National Human Trafficking Awareness Month Attachments: HT Non profits in FL - 12-6-12.doc; Human Trafficking Awareness Card - DRAFT.DOCX Florida Mayors. The Governor's office is seeking the support of all Florida Mayors to assist them in communicating the attached information in preparation of National Human Trafficking Awareness Month in January, 2013. There are 2.5 million victims nationwide who are suffering and enslaved in human trafficking, with Florida ranking number three in the nation by calls received from the National Human Trafficking Resource Center. On January 17, 2013 a reading of the governor's proclamation will occur. We seek the support of all Mayors to stand with us by reading proclamations in their communities throughout the month of January. For more information on this very important issue, please contact: Deborah Ehler Polston FLORIDA'S HUMAN TRAFFICKING ADVOCATE Governor's, Office of Adoption and Child Protection The Capitol, Suite 20012 Tallahassee, Florida 32399 Office: (850) 717-9261 http://www.deborahpolston.com/ "Florida shines a light on human trafficking" Thank you very much Jenny Anderson Phone: (850) 701-3624 bA No trees were harmed in the sending of this message, however a large number of electrons were inconvenienced.1,0 C�ity of Cape Canaveral City Council Agenda Form City Council Meeting .- Subject: Subject: Key to the City Plaque — Brevard County Sheriff's Office Commander Alan Moros. Department: Adtp.i n istratJoP Summary: Commander Moros began his law enforcement career in February 1986 as a Deputy assigned to the Central Precinct, which at that time covered Merritt Island, Rockledge and Cocoa. He attained the rank of Field Training Officer in 1988 and remained in that capacity until his transfer to the Special Investigations Division in 1989. During his nine-year tenure as a Narcotics Investigator, he obtained the rank of Corporal. A highlight of his narcotics assignment was conducting the Sheriff's Office first wiretap in 1992. Commander Moros was deputized during this time period by the U.S. Customs Office, U.S. Marshal's Office and the Federal Bureau of Investigations. Commander Moros was promoted to Patrol Sergeant in 1998 and assigned to Central Precinct where he served until he was promoted to Lieutenant in 2005 and assigned to Cape Canaveral Precinct. He was promoted to Major in 2006 and assigned to Special Operations until his reassignment to Countywide Watch Commander in 2008. In July 2009, he was assigned to Canaveral Precinct as Commander. Commander Moros has been awarded numerous commendations during his tenure with the Sheriff's Office including several Bars of Merit, Commendable Service Bars and Deputy of the Month. The City thanks Alan for his leadership, hard work and dedication during his tenure at Canaveral Precinct. Attachment: None Financial Impact: Cost of Key to the City Plaque: $50.00. Date L Reviewed by Finance Director: John McGinnis The City Manager recommends that City Councfl_X'_2e_tt�1e following action(s): Present Key to the City Plaque to Commander Alan Moros. roved by Citv Manaaer: David L. Greene 0 -v -z, Date- I/ To City Council Action: Approved as Recommended J Disap�rovEl [ ] Approved with Modifications Tabled to Time Certain CITY COUNCIL REGULAR MEETING CAPE, CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY December 18, 2012 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. and led the pledge of allegiance, Mayor Randels reminded everyone to speak into the microphones. He thanked everyone for th6r attendance. Council Members Present: Mayor Pro Tern Council Member Council Member Mayor Council Member Others Present: City Manager Assistant City Attorney Assistant City Manager/City Clerk Finance Director Community & Economic Development Director Planning '& Zoning Director Public Works Services Director Public's arks Services Deputy Director Brevard County Sheriff Commander Cape Canaveral Volunteer Fire Dept. Assistant Chief PRESENTATIONS /,INTERVIEWS: David L. Greene Kate Latorre Angela Apperson John McGinnis Toddl Morley Barry Brown Jeff Ratliff Lonnie Dunn Alan Mores John Cunningham Advanced Institute for Elected Municipal Officials (lEMO) Certificate of Completion to Mayor Pro Tern John Bond. Mayor Randels presented the Certificate to Mayor Pro Tern Bond, who provided a brief explanation of the training and expressed his feeling the City is in fine shape. CITY ATTORNEYS REPORT: —Assistant City Attorney Kate Latorre noted Brevard County's approval of the Community Redevelopment Plan and amendment to the Delegation of Authority Resolution so future revisions to the Plan will not have to be City of Cape Canaveral, Florida City Council Regular Meeting December 18, 2012 Page 2 of 6 approved by the County. She wished everyone a Merry Christmas and Happy New Year and conveyed the same on behalf of City Attorney Garganese. AUDIENCE TO BE HEARD: Joyce Hamilton asked if the present or proposed Ordinance establishes setbacks for parking and/or cruise parking as 400 feet back from A1A and Central Avenue. A lengthy discussion ensued and included the Port of Call Development Agreement approved at the last City Council Meeting, the requirem6.hts,,, of the Economic Opportunity Overlay District; proposed regulations related tootle storage of recreational vehicles within 400 feet of AIA; the requirement for payed parking areas; whether the use of asphalt millings qualifies as paved parking or niieets the :definition of macadam; whether individual businesses have been treated with -equality; whether a workshop or special meeting was needed to further discuss these issues; whether.an outside entity is needed to look at the entire issue to see if there has been favoritism;, and placing an item on the January Meeting for further discussionso all issues can' be heard. Consensus was reached to move on with the meoting; �.,. N. Mayor Randels inquired if any items are, to be. removed from the Consent Agenda for discussion. Mayor Pro Tem Bond requested removal ,of item number three. 1. ADDrove Minutes fbr .City Council Meet ina of November 20. 2012: 2. 3. lid Waste Aareement entered.,;into with the.City of Cape. Canaveral (City) on August 9, 2009: A motion ;.was made by:- Councjl,'Member Walsh, seconded by Council Member Petsos, to approve Consent Agenda Item Nos. 1 and 2. The motion carried 5-0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Mem er',?Petsos', for; Mayor Randels, For; and Council Member Walsh, For. #3 Mayor Randels provided a brief explanation of the item. Mayor Pro Tem Bond asked whether the possible amendments to the contract would make the agreement more favorable to the City, to which City Manager Greene responded in the affirmative. A motion was made by Mayor Pro Tem Bond, seconded by Council Member Hoog, to approve. The motion carried 5-0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting December 18, 2012 Page 3of6 PUBLIC HEARING: 4. Adopt Ordinance No. 14-2012; adopting the amendments to the Annual General Fund, Special Revenue Funds, Wastewater Enterprise Fund and Stormwater Enterprise Fund Budgets for the Fiscal Year beginning October 1, 2011, and ending September 30, 2012: providing for an effective date, second reading: Assistant City Attorney Latorre read the Ordinance title into the record. Mayor Randels provided an explanation of same. A motion was made by Council Member Petsos, .seconded by Council Member Walsh, for approval of Ordinance No. 14-2012.., Cduncil Member Walsh noted the cost savings for electricity since the installation of the new equipment. The motion carried 5-0 with voting as follows: May Piro `�Te�m Bond, For; Council Member Hoog, For; Council Member Petsos, For, Ma�►j orF Randels, For; and Council Member Walsh, For. 5. Adopt Ordinance No. 16-2012: amending section 70-29 of the'�Cape Canaveral ances Related to the in the ral at a coa: Drovidina for, reading: Assistant City Attorney Latorre read.fhe-.Ordinance title into the record and provided an explanation of same. A motion -was mada;:by Council Member Hoog, seconded by Mayor Pro Tem Bond, for; approval 'of Ordinance No. 16-2012. The Public Hearing was opened. No comments;were received and the Public Hearing was closed. Discussion: ensued and `included: this tax is more equitable as it spreads the costs over all water users; opposition from Council Members Petsos and Walsh; the revenue will allow the City to implement the established goals. The motion carried 3-2 with votinig as follows: `Mayor Pro'�Tem'Bond, For; Council Member Hoog, For; Council�:Member-Pets,.os, Against; Mayor Randels, For; and Council Member WalsAgainst. , 6. Ad4t ;Ordinance No 21-2012; amending Chapter 2, Administration, Article IV, Code Enforcement_ Division 3 Code Enforcement Citations: amendina the list of Citv rf--� inahces a an effective date, second reading: Assistant City Attorney Latorre read the Ordinance title into the record. Mayor Randels provided an explanation of same. The Public Hearing was opened. Charles Pindziak inquired if the Ordinance included an amendment to correct what he perceives as a conflict between the City Ordinance and the State Statute regarding "No Trespassing" signs. Community & Economic Development Director Todd Morley responded in the negative and explained the Ordinance concentrates on prohibited signs. Mr. Pindziak's allegation of a conflict was discussed. The Public Hearing was closed. Discussion moved to: who will issue the City of Cape Canaveral, Florida City Council Regular Meeting December 18, 2012 Page 4 of 6 citations; the level of involvement from Law Enforcement; the need to amend the citation form; the requirement of the City Code to issue a warning prior to issuing a citation; whether a Law Enforcement Officer/Code Officer could issue a citation from a picture; the need to clarify the penalties for violations; Staff has been working with Code Enforcement and Law Enforcement on the highest priority issues; and the use of discretion by Enforcement Officers. A motion was made by Council Member Petsos, seconded by Council Member Walsh, for approval of Ordinance No. 21-2012. The motion carried 5-0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, For; Maydr�-Randels, For; and Council Member Walsh, For. F. 7. inance No. 2 reading` Assistant City the Ordinance title into the record. Mayor Randels pi same. The Public Hearing was opened. No comments Hearing was closed. A motion was made by Council, Mayor Pro Tem Bond, to adopt Ordinance No."'X22` l indicated he supports establishing, the reserves a`nd regarding the building of a New City was in the approved budget. The m< Pro Tem Bond, For; Council Mem Mayor Randels, For; and Council M A -to which City rf,tarried 5-0 1-16da For: sy Latorre read vided a brief ,explanation of Vere received'and the Public Dmber Walsh,sseconded by 12. Council Member Petsos urged for more discussion Hager Greene noted the item h;Voting as follows: Mayor Council Member Petsos, For; of the Rddevelopm`ent.Trust Fund: determining the tax increment to be deposited in the Redev lbpment TrusfRund; establishing the base year for determining assessed values of progeiay in the Cor i unity Redevelopment Area for tax increment purposes; providing1r:4-he annual appropriation of the tax increment by certain taxing authorities in the Con -- nity Redeuelooment Area: armointina the aovernina bodv of the Fund: orovidina for the'teueal.V prior inconsistent ordinances and resolutions: incorporation into the code; severability: and an effective date, second reading: Assistant City Attorney Latorre read the Ordinance title into the record and provided a brief explanation of same. The Public Hearing was opened. No comments were received and the Public Hearing was closed. A motion was made by Council Member Petsos, seconded by Council Member Walsh, for approval of Ordinance No. 23-2012. The motion carried 5-0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting December 18, 2012 Page 5 of 6 9. Approval of the Community Redevelopment Plan (CRP) for the Cape Canaveral Community Redevelopment Agency: City Manager Greene provided a brief explanation of the events which brought the City to this point. A motion was made by Council Member Hoog, seconded by Council Member Walsh, for approval of the Community Redevelopment Plan. The Public Hearing was opened. No comments were received and the Public Hearing was closed. The need to establish a formal relationship/inter-local/loan agreement between the City and the CRA was discussed. The motion carried 5-0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor---Randels, For; and Council Member Walsh, For. ITEMS FOR ACTION: 10. Appointment of Voting Delegate/Director gnd League of Cities: Council Member Petsos nom 'mate( he agreed to serve. Council Member Walsh; .not( President, the City will have two voting delegates Council Member Walsh. The nomination carried,ui Consensus was reached for Mayor Pro Tem Bond to sei REPORTS: 11. Council )unci) Member.: Hoog, to which With her position` as 1" Vice 'nomination was'seconded by mously, after a roll call vote. e as Alternate. Mayor Pro Tem Bond urged,for more individuals to attend the meetings and thanked those who are in:!attendance: He noted the Christmas Tree Angel project, which provides gifts to ove'r,100 people and food/gifts to elderly residents and thanked the Brevard County_Sheriff`s.0ffice and -the Canaveral Fire Rescue for their dedication to this project Council 'Member Walsh thankedAhe Sheriffs Office and the Fire Department for their work within the community during Christmas and Thanksgiving. She wished everyone a Merry Christmas/Happy Hanukal and a safe, happy, prosperous New Year. Council Member Walsh noted the 'Agenda Packets are on the website; they can answer questions and `encouraged' viewing them prior to the meetings. City Manager Greene indicated the Board Packets are also available on the website. Council Member Petsos thanked Law Enforcement and Fire Service for going above and beyond their duties to support the community. He wished everyone a Very Merry Christmas and a Safe/Happy New Year. Council Member Petsos encouraged elimination of the roll call vote and use a voice vote. Discussion ensued and included whether the Charter requires a roll call vote and if the roll call vote is eliminated, the minutes will continue to document the vote on each matter. Consensus was reached to eliminate the roll call vote. City of Cape Canaveral, Florida City Council Regular Meeting December 18, 2012 Page 6 of 6 Council Member Hoog wished all a Merry Christmas and Happy New Year. Mayor Rand6s thanked ail in attendance. UOUNEEEMM There being no further business, the Meeting adjourned at 8:25 P.M. Angela M. Apperson, MMC, Assistant City Manager/City Clerk City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 1/15/201 Item No. f- I Subject: Ratify changes to the Agreement between the City of Cape Canaveral and the International Union of Operating Engineers, Local 673 (AFL-CIO) Department: Administration Summary: The Agreement between the City and the Union is for a three-year period, October 1, 20110 through September 30, 2013. It provides a re -opener of no more than three articles annually, subject to a 120 -day notice prior to September 30°" of each year. On April 3, 2012, the Union notified the City of its desire to seek modification of three (3) articles of the contract. In turn, the City provided an April 20, 2.012 notification to collectively bargain/seek modification of up to three (3) articles. Over the following months, the City with the assistance of Labor Relations Consultant Nate Ingram met with the Union. The Articles revised are attached for your review. The following summarizes the changes, which have been ratified by the membership: 7.1 Change/clarify working vs. calendar days for the grievance process. 7.2 Modify who bears the cost of Arbitration to indicate the party which does not prevail shall bear all expenses of the impartial Arbitrator. 7.3 Clarify Section "C" is calendar days. 11.4 Sick Leave — added a provision related to abuse of sick leave privileges may lead to the application of progressive discipline. During the Collective Bargaining, a Unit Clarification/Modification Petition was filed by the Union with the Public Employees Relations Commission. The Commission will rule on Petition and clarify which positions within the City are subject to collective bargaining. The City Attorney's Office prepared the City's response to the filing, Submitting Department Director: Angela "M."A rson. Date: 1/07/13 Attachments: Articles VII and XI Financial Impact: Approximately $2,000 ($900.00 for Labor Relations Consultant and $1,100 for Attorney Fees related to the Unit Clarification/Modification Petition) Approved by John McGinnis Date :..t. by Director: The City Manager recommends that City -Council ... ..... t th following action: Ratify the changes. Approved by City Manager: David L. Greene.-& . . . .......... Date: P City Council Action: Approved as Recommended Disapproved Approved with Modifications r 1 Tabled to Time Certain ARTICLE VII GRIEVANCE PROCEDURE 7.1 A grievance within the meaning of this Agreement shall consist of a dispute about interpretations) and application(s) of a particular clause -or clauses of this Agreement. A. Step I Within ten (10) g calendar days of knowledge of an incident the employee shall submit a written grievance on the prescribed form to his immediate supervisor. The Supervisor shall have a meeting with the employee to discuss the grievance. The employee may request a Union Steward or Union Representative to be present at the meeting with the supervisor to attempt to settle the grievance. The supervisor will notify the employee of his or her decision in writing, within five (5) working days after the meeting with the employee. B. Step II If the aggrieved employee feels that the matter has not been settled or adjusted to his or her satisfaction in Step I, he or she may submit the matter in writing to the Department Director within five (5) working days after receipt of the supervisor's decision. The Department Director will schedule a meeting with the employee and the Union Steward within five (5) working days after receipt of the grievance. The Department Director shall give his or her written answer within five (5) working days after the scheduled meeting. C. Step III (1) If the grievance is not resolved to the employee's satisfaction in Step II, he or the Union Steward may present the grievance in writing, to the HR Director within five (5) working days of receipt of the Department Director's answer to Step II. With respect to grievances involving discipline or discharge, the City and the grievant/Union Steward shall make the following information available to each other no later than five (5) working days after the initiation of Step III: All witness statements, all provisions of this Agreement allegedly violated, all documentation supporting the Page 1 of 4 City's decision to discipline or discharge, and all evidence tending to exonerate the grievant. Failure to make this information available by the deadline stated above shall preclude later use or consideration of any such information in subsequent proceedings, unless both parties agree in writing to accept additional information beyond the stated timeframe. (2) The HR Director shall conduct a meeting with the concerned employee and the Union Steward within ten (10) working days of receipt of the notice of initiation of Step III and will render a decision in writing within ten (10) working days thereafter. D. Step IV (1) If a grievance as defined in this Article has not been satisfactorily resolved as outlined in the prior steps in writing the Union may request the City Manager review the actions taken to date. The City Manager will make a final ruling within five (5) working days of receiving the request for review from the Union. (2) Nothing in this Article shall be construed to prevent any employee from presenting his own grievance without Union representation through Step IV, if the Union declines to represent the grievant on any basis other than lack of merit. Where the grievant is not represented by the Union, the rights, obligations, time limits and other provisions of Steps I through IV specifically applicable to the Union, shall apply to the grievant. E. Step V (1) If a grievance as defined in this Article has not been satisfactorily resolved within the grievance procedure, the Union may request the City Manager's response as due in Step IV of the Grievance Procedure be forwarded to the Federal Mediation and Conciliation Service (or if not available, the American Arbitration Association) with a copy to the City Manager, requesting a list of five (5) arbitrators experienced in the field of the subject to be arbitrated. The City and the Union within five (5) days of receiving the list of proposed arbitrators shall meet to strike names. The Union and the City will alternately eliminate one name at a time from the list until Page 2 of 4 one remains. The arbitration shall be carried out in compliance with Article 7.2 of this Agreement. 7.2 Arbitration Provisions The arbitration shall be conducted under the rules of Federal Mediation and Conciliation Service (or if used: The American Arbitration Association) subject to the following: A. The Arbitrator shall have the jurisdiction and authority to decide a grievance as defined in this Article and enforce compliance with the terms and conditions of the Agreement; the issues submitted to the Arbitrator shall be based solely on the original written grievance and the specific remedy originally sought. The Arbitrator shall consider and decide only the specific grievance issues presented to him in writing by the City and the Union and shall have no authority to consider or rule on any other matter which is stated in this Agreement. Unless otherwise specifically agreed to by the City and the Union in writing, the Arbitrator shall hold an evidentiary hearing. Absent agreement by the City and the Union in writing, such hearing should be limited to one day. No decision of any Arbitrator in one case shall create a basis for retroactive adjustment in any other case. B. However, the Arbitrator shall not have authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. The Arbitrator shall have no power to limit or impair any right that is reserved to the City and the Union by this Agreement. C. The Arbitrator shall have no authority to consider or rule upon any matter that is not a grievance as defined in the Agreement, or which is not specifically covered by this Agreement. The Arbitrator may, under powers granted by the terms of this Agreement, direct any remedy, subject to the provisions of this Agreement, permitted by law. However, the Arbitrator shall have no power to order destruction of any City record, except in accordance with Chapter 119, Florida Statutes. Any back pay Page 3 of 4 award shall be limited to the amount of wages the employee would have otherwise earned from employment by the City less any City -provided pension, paid leave, workers' compensation payments, unemployment compensation, social security disability payments and/or wages or income from other employment. D. The Arbitrator may not issue declaratory or advisory opinions and shall confine himself exclusively to the question which is presented, which question must be actual and existing. E. Copies of the award of the Arbitrator, made in accordance with the jurisdictional authority under this Agreement, shall be furnished to both parties within thirty (30) days of the hearing and shall be final and binding upon both parties. F. Each party shall bear the expense of its own witnesses and its own representatives. Theparies shall beiaF equally the expenses s of the iFnpar+i-;l Arhi+rate4r. The party which does not prevail shall bear all of the expenses of the impartial Arbitrator. Any party requesting a copy of the transcript of such arbitration hearing shall bear the cost of it. 7.3 GENERAL PROVISIONS: A. The time limits of this grievance procedure may be extended by mutual agreement in writing. B. Any grievance shall be considered settled at the completion of any step unless it is appealed within the time limits specified in Section 7.1. C. Any act or omission not grieved within ten (10) calendar days of its occurrence will be deemed waived. 7.4 In the case of suspension or discharge, the Union may by-pass Steps I and II and submit the grievance at Step III. Page 4 of 4 ARTICLE XI LEAVES OF ABSENCE 11.1 The following types of leaves are established: holiday, vacation, sick leave, family & medical leave, funeral leave, workers compensation injury leave, military leave, civil leave, training leave, and leave without pay. 11.2 Holidays with Pay — The following, and such other days as the City Council may declare, are holidays for all full time employees of the City: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, Christmas Day, and Employee's Birthday. A. All regular full-time and part-time employees are eligible for paid holidays in accordance with this Article. The following days will be recognized as "holidays" for purpose of this Article: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day, Veterans Day, and Employee Birthdays. Employees who wish to take time off for religious holidays other than Christmas and Christmas Eve (e.g. Yom Kippur) may request substitution. Employees who do not wish to be paid for religious holidays may request to substitute days off for secular celebrations. B. When a holiday falls on a Saturday, it shall be observed on the preceding Friday. When a holiday falls on a Sunday, it shall be observed on the following Monday. For employees on a workweek Other than Monday through Friday, the City shall designate the workday that shall be designated as a holiday. C. Employees who are required to work on a holiday shall receive their regular hourly rate in addition to pay for the holiday. Employees who work on Thanksgiving, the day after Thanksgiving, Christmas Eve, Christmas Day, and Independence Day shall receive pay at 1 and times their regular rate in addition to pay for the holiday. D. In order to receive pay for an observed holiday, an employee must not have been absent without leave on the work day before the holiday nor absent without leave on the day following the holiday. Page 1 of 9 11.3 PAID VACATION A. Full-time regular employees shall accrue vacation in accordance with the following formula: Years of Employment Work Days per year Hours per year Date of hire through 5th Anniversary 10 80 Day after 5th Anniversary through 15 120 10th Anniversary Day after 10th Anniversary through 18 144 15th Anniversary Day after 15th Anniversary through 20 160 20th Anniversary Day after 20th Anniversary through 21 168 21St Anniversary Day after 21St Anniversary through 22 176 22nd Anniversary Day after 22nd Anniversary through 23 184 23rd Anniversary Day after 23rd Anniversary through 24 192 24th Anniversary Day after 24th Anniversary through 25 200 end of service Each employee's anniversary date (hire date) with the City shall determine length of continuous service and vacation eligibility. B. New hires in their probationary period shall accrue paid vacation as set forth in the preceding paragraph. If such employees fail to successfully complete their probationary period, they will not be paid for their accrued, unused vacation. C. Employees shall not be eligible for paid vacation until completion of their probationary period. Page 2 of 9 D. The City will endeavor to accommodate employee preferences in considering vacation requests. However, the City's primary concern is service to its citizens and other business-related interests. The requirements of particular departments may require the City, in its sole discretion, to preclude the use of paid vacation during certain periods of the year. Further, the City, in its sole discretion, may require the use of paid vacation in blocks of no less than five (5) days (i.e. 40 hours), E. Requests to take vacation shall be made at least five (5) working days in advance of intended use. In the event that an emergency necessitates shorter advance notice, the City, in its sole discretion, may waive this requirement. F. The employee should forward a completed application to take paid vacation to their Department Director for approval. G. Paid vacation need not be used during the year accrued, but may not be accumulated in excess of 320 hours. Employees will not be entitled to accrue additional paid vacation days once they have reached the maximum allowed. Vacation days in excess of the maximum will be forfeited. H. Upon separation from City employment, employees shall be entitled to compensation for any earned but unused annual leave on the effective date of termination. This does not apply to employees who have not satisfactorily completed their probationary period. 11.4 SICK LEAVE A. All regular full-time and part-time employees are eligible for sick leave. Sick leave with pay shall be granted only for the following reasons: personal illness, physical illness, physical incapacitation, or enforced quarantine of the employee in accordance with community health regulations and for doctors and dental appointments. B. Employees accrue sick leave at the rate of one working day (i.e., eight hours) per month of full-time employment. Part-time employees accrue sick leave at a rate of %2 a working day (i.e., four hours) per month. New hires in their probationary period shall accrue sick leave as set forth in the preceding sentence. If such employees fail to successfully complete their Page 3 of 9 probationary period, they will not be paid for their accrued, unused sick leave. C. Employees shall not be eligible to take sick leave until completion of their probationary period. D. Sick leave need not be used during the year accrued, but may not be accumulated in excess of Seven Hundred and twenty (720) hours. Employees will not be entitled to accrue sick leave time once they have reached the maximum allowed. Sick days in excess of the maximum will be forfeited. E. Absence for a fraction or part of the day that is chargeable to sick leave, in accordance with these provisions, shall be charged in increments of not less than one hour. F. In granting sick leave with pay for reason of personal illness or physical incapacity, the Department Director may request a written statement by the employee's health care provider certifying that the employee's condition necessitates his absence from work. G. City employees are eligible to convert up to three (3) days of sick leave to three (3) paid vacation days. The exchange rate is one (1) sick day for one (1) paid vacation day up to a maximum of three (3) paid vacation days per calendar year. No conversion will be granted where conversion would reduce the employee's accrued sick leave below five (5) working days. All requests for sick leave conversion must be submitted to the employee's immediate supervisor seventy-two (72) hours in advance of the paid vacation day requested. Requests for sick leave conversion must be completed on the appropriate forms available from the Human Resources Director. H. Employees leaving the City, after successful completion of their probationary period and in good standing (i.e., those who resign with ten (10) working days notice, separate from employment for reasons other than cause, return all City property) will receive fifty (50) percent payment for all unused, accrued sick leave. Employees leaving the City under other circumstances (i.e., those who fail to give reasonable notice of resignation, fail to return City property, or are discharged for cause) will not receive payment for unused, accrued sick leave. Page 4 of 9 I. An employee receiving sick leave and also receiving compensation under Florida's Workers' Compensation law shall receive only that portion of the sick leave which will, together with workers' compensation, equal the employee's regular pay. Sick leave shall be charged accordingly. J. Layoffs — a full time employee who is laid off from a position for reasons that are not attributable to the employee may, if re -appointed within twelve (12) months, have available for necessary use the remaining fifty percent of unused sick leave existing at the time of the layoff. When an employee is transferred to another position, any unused sick leave, which may be accumulated, shall continue to be available for the employee's use as necessary. K. Coordination with Sick Leave and Workers' Compensation Injury Leave- An employee receiving sick leave with pay and also receiving compensation under Worker's Compensation laws shall receive only that portion of the regular salary which will, together with said compensation, equal the employee's regular salary. Sick leave shall be charged accordingly. The maximum period for use of sick leave in coordination with Workers' Compensation shall be twenty (20) working days from the date of injury. All employees are required to provide a current address and telephone number to the Human Resources Director when on sick leave with Workers' Compensation injury. The employee shall call in at least once per week to the Human Resources Director on status of health. L. Sick Leave Incentive — An employee who used less than eight (8) hours of leave within any one (1) calendar year of service (beginning and ending on December I") shall be eligible to receive three (3) additional vacation leave days to be added to that person's annual leave or the employee may request reimbursement for the additional leave during the first pay period in December of the calendar year in which it is earned on a dollar for dollar basis. Conversion of sick leave as addressed in Subsection G will not be considered used sick leave for purposes of determining whether or not an employee is eligible for three (3) additional annual leave days or reimbursement as stated above. M. The City and the Union realize that occasionally illness to an employee or employee's immediate family may occur and the employee will have to use sick leave to cover an unscheduled absence. Employees who have more than three unscheduled absences from work in any ninety Page 5 of 9 (90) day period may be disciplined for abuse of sick leave privileges. Further abuse of sick leave privileges may lead to the application of progressive discipline. 11.5 Bereavement Leave — All full time employees may be granted, upon approval of the Department Director, time off with pay not to exceed three (3) days, in the event of a death in the employee's immediate family. Two (2) additional days will be granted, when the employee shows proof of travel outside of the State of Florida to attend a funeral of a member of his/her immediate family. a) "immediate family" is defined to include the following: parents, step parents, children, step children, brothers, sisters, mother-in-law, father- in-law, brothers-in-law, sisters-in-law, son-in-law, daughter-in-law, grandparents and grandchildren of the employee and the employee's spouse. b) Funeral leave shall not be charged to vacation, holiday leave, or sick leave. c) Within thirty (30) days of using Funeral Leave, the employee shall furnish proof of death to the Department Director. 11.6 Military Leave A military leave of absence will be granted to employees who are absent from work because of service in the U.S. uniformed services in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA). Advance notice of military service is required, unless military necessity prevents such notice or it is otherwise impossible or unreasonable. Employees will continue to receive full pay while on leave for 30 day training assignments and shorter absences. The portion of any military leave of absence in excess of 30 days will be unpaid. However, employees may use any available paid time off for the absence. Vacation, sick leave, Page 6 of 9 and holiday benefits will continue to accrue during a military leave of absence. Employees on military leave for up to 30 days are required to return to work for the first regularly scheduled shift after the end of service, allowing reasonable travel time. Employees on longer military leave must apply for reinstatement in accordance with USERRA and all applicable state laws. Employees returning from military leave will be placed in the position they would have attained had they remained continuously employed or a comparable one depending on the length of military service in accordance with USERRA. They will be treated as though they were continuously employed for purposes of determining benefits based on length of service. Contact the Human Resources Director for more information or question(s) about military leave. 11.7 Civil Leave - A. Full-time or part-time regular employees attending court or administrative hearings, as a witness on behalf of the City or for jury duty during their normal working hours shall receive full pay equal to their normal work schedule for the hours they attend court, less any pay for jury duty service pay by the Court. Employees seeking time off to attend to or testify in other legal matters may use other forms of accrued leave (i.e., paid vacation), with City approval. B. Immediately upon receipt of a notice of jury service or a subpoena for testimony, the employee shall notify the Department Director of the requirement for civil leave. a. Employees attending jury duty or giving testimony on a regularly scheduled day off will not receive an additional day off. b. Employees who are required to attend court, jury duty, or a hearing for only a portion of a regular scheduled workday are expected to report to their immediate supervisor when excused or released by the court or hearing officer. C. In the event a holiday shall occur, during the period of the employee's jury duty, he shall receive pay for such holiday. Page 7 of 9 11.8 Training Leave — An employee may be granted leave with pay to attend conferences, seminars and similar training upon approval of the City Manager. 11.9 Leave of Absence Without Pay A. Full-time and part-time regular employees are eligible to take a leave of absence without pay. A request for leave of absence without pay must be made in writing to the employee's Department Director, on the prescribed form, and must be approved by both the Department Director and the City Manager. New hires in their probationary period are not eligible for leaves of absence without pay. B. Employment shall be discharged with cause at the end of the requested period if the employee does not return to work. C. An employee on an approved leave of absence must keep the Department Director informed of his current physical address and telephone number. Further, an employee on an approved leave of absence must notify his Department Director if he accepts any type of employment with another entity. Such notification must be given in writing to the Department Director within five (5) days of accepting such other employment. Failure to abide by either of these conditions will result in discharge from employment with cause. D. During an unpaid personal leave of absence, no paid vacation days or sick leave will accrue. E. The employee will be returned to his previous position or to a similar position with similar terms and conditions of employment. However, the decision of whether to permit an employee to return from an unpaid leave of absence and to what position and upon what terms shall be within the sole discretion of the City. F. Before returning to work from an unpaid leave of absence due to medical reasons, the employee must provide certification from his health care provider stating that the employee is fit to return to duty. G. Leave of absence without pay for one (1) month or more shall cause any merit increase anniversary date to be deferred for an equivalent amount of time. Page 8 of 9 H. Group Life and Hospitalization Insurance coverage may be continued while on a leave of absence without pay, provided the employee pays all monthly premiums on or before the due date. During such leave, the City shall not pay any portion of the employee's/employee's dependents' insurance coverage. If a monthly premium is delinquent and payment is not made by the employee by cash or payroll deduction by the next applicable pay period, coverage will be cancelled as of the date the payment became delinquent. If coverage is cancelled due to non-payment, coverage may not be reinstated until the employee returns to full- time duty with the City and the requisite waiting period is observed. 11.10 Family and Medical Leave -Employees will be granted leave benefits in accordance with the provisions of the "Family and Medical Leave Act of 1993" or as amended. Page 9 of 9 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 01/15/2013 Itelt Vo. Subject. Ordinance No. 01-2013; relating to the State Revolving Fund Program; pursuant to Section 2.12(5) of the City Charter authorizing one or more loan applications to be filed with the State of Florida Department of Environmental Protection in a total amount not to exceed eight million dollars for purposes of funding certain wastewater and stormwater improvement projects; authorizing the loan agreement(s); establishing pledged revenues; designating authorized representatives; providing assurances; providing for, the repeal of prior inconsistent ordinances and resolutions, severability and an effective date; first reading. Department: Public Works Services Summary: The City's existing State Revolving Fund (SRF) Program loans (2) with Florida Department of Environmental Protection (FDEP) will be paid in full in January and October 2016, thus making $650,000 available in the Wastewater Enterprise Fund. Moneys from these two SRF Program loans were used to finance upgrades to the Wastewater Treatment Plant (WWTP) beginning in 1996; these upgrades were the first large-scale improvements to the WWTP since initial construction in 1966. In order to provide adequate funds to (1) improve several processes at the WWTP, (2) replace/rehab equipment that is approaching (or is past) its estimated life span and (3) construct numerous stormwater improvement projects, Staff is recommending the City enter into one or more loan agreement(s) with FDEP for approximately $8 million from the SRF Program. These funds will be used to plan, engineer and construct ten (10) capital improvement projects as detailed in the City's Capital Improvement Program. There are numerous benefits to obtaining an additional SRF Program loan(s) at this time including the following: • SRF Program loan interest rate of approximately 2.25% (20 -year term); • Deferred maintenance has caused a backlog of stormwater and wastewater - related improvement projects; • Lower engineering and construction costs due to the downturn in State and national economy; • Total Maximum Daily Load (TMDL) Program requires that the City continue to construct stormwater-related improvements-, • WWTP equipment (e.g., sludge belt press) is nearing its estimated maximum life span; • New/updated infrastructure will improve services to residents; • Proposed capital improvement projects support the, Visioning process; and • Proposed capital improvement projects are energy-efficient (e.g., oxidation ditch redesign), benefit the environment (e.g., eliminating most discharges to the Banana River) and contribute to the overall sustainability of the City. City Council Meeting Date. 01 /15/2013 Item No. Page 2 of 2 if approved, preconstruction moneys for engineering fees and other preliminary tasks will be available to the City in mid-2013. A Construction Loan Application will then be submitted to obtain construction project funds. Ordinance No. 01-2013 is included as Attachment #1. A Tentative SRF Program Project Summary is included as Attachment #2 and the SRF Program Loan Application (with financial reporting data) is included as Attachment #3. Submitting Department Director: Jeff Ratliff Z Date: 01/07/13 Attachments: #1- Ordinance No. 01 -2013 #2 - Tentative SRF Program Project Summary #3 - SRF Program Loan Application ....................... ...... . . . .......... .. . ... . . ... ..... . ..... Financial Impact: The 20-year loan will be secured by the net revenue from the Wastewater and Stormwater Enterprise Funds, which is sufficient to ensure repayment. Reviewed by Finance Director: John McGinnis; Date: The City Manager recommends that City Council t theJollowing action(§): Adopt Ordinance No,. 01-2013, first reading. 'ARProved by City Manager: David L. Greene Date: /18 LO City Council Action: [ ] Approved as Recommended Disapproved Approved with Modifications Tabled to Time Certain Attachment #1 Ordinance No. 01-2013 ORDINANCE NO. 01-2013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATING TO THE STATE REVOLVING FUND PROGRAM; PURSUANT TO SECTION 2.12(5) OF THE CITY CHARTER AUTHORIZING ONE OR MORE LOAN APPLICATIONS TO BE FILED WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION IN A TOTAL AMOUNT NOT TO EXCEED EIGHT MILLION DOLLARS FOR PURPOSES OF FUNDING CERTAIN WASTEWATER AND STORMWATER IMPROVEMENT PROJECTS; AUTHORIZING THE LOAN AGREEMENT(S); ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Florida Statutes provide for loans to local government agencies to finance the construction of water pollution control facilities; and WHEREAS, Florida Administrative Code rules require authorization to apply for loans; to establish pledged revenues; to designate an authorized representative; to provide assurances of compliance with loan program requirements; and to enter into loan agreements; and WHEREAS, the State Revolving Fund loan priority list designates Project Number WWO5050 as eligible for available funding; and WHEREAS, the City of Cape Canaveral, Florida, intends to enter into a loan agreement with the Department of Environmental Protection (hereinafter referred to as the "Department") under the State Revolving Fund for project financing. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida: SECTION 1. Recitals. The foregoing findings are incorporated herein by reference and made a part hereof. SECTION 2. Legal Authority. The legal authority for borrowing moneys to construct the projects is established in Chapter 166, Florida Statutes and Section 2.12(5) of the Cape Canaveral Charter. SECTION 3. Authorization, The City Council of the City of Cape Canaveral hereby authorizes City staff, on behalf of the City, to apply for one or more State of Florida revolving loans for point source water pollution control in the amount of approximately Eight Million Dollars ($8,000,000.00) to finance the preconstruction activities and construction of certain wastewater and stormwater improvements (hereinafter "Loan"). City of Cape Canaveral Ordinance No. 01-2013 Page 1 of 4 SECTION 4. Establishing Pledged Revenues. The revenues pledged for the repayment of the Loan(s) are net sewer and stormwater utility system revenues after payment of operating and maintenance expenses of the systems and of debt service on any previous SRF loans of the City. SECTION 5. Description of Loan(s) and any Associated Notes. The Loan(s) and any associated Note(s) shall be dated the date of its execution and delivery, which shall be a date agreed upon by the City and the Department, subject to the following terms: (A) Interest Rate. The interest rate shall have a fixed interest rate not to exceed 3.25%, subject to adjustment upon the occurrence of certain non or late payment events as expressly provided in the Loan(s) and any associated Note(s). (B) Principal and Interest Payment Dates. Principal and interest payments shall be made in accordance with the terms and conditions approved by the City Manager in the Loan Application(s). (C) Form of any Notes. Any Note(s) required by the lender shall be in form approved by the City Manager and City Attorney consistent with the terms and conditions of this Ordinance. SECTION 6. Designation of City's Lead Authorized Representative. The City Council of the City of Cape Canaveral hereby designates the City Manager as the City's lead authorized representative to provide the assurances and commitments required by the loan application(s). SECTION 7. Limitation of Rights. With the exception of any rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Ordinance or any notes executed in furtherance of this Ordinance are intended or shall be construed to give to any person other than the City and the Department any legal or equitable right, remedy or claim under or with respect to this Ordinance or any covenants, conditions and provisions herein contained; this Ordinance and all of the covenants, conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of the City and the Department. SECTION 8. General Authority. The Mayor, City Manager, Assistant City Manager, City Attorney, and Finance Director of the City, or any of them, are hereby authorized, in connection with the Loan(s) and to do all things and to take any and all actions on behalf of the City; to execute and deliver any notes and documents; to provide disclosures concerning the City; and to finalize and close the transactions specified in all such agreements or arrangements (including any amendments or modifications thereof), including, without limitation, the execution and delivery of any and all documents and instruments deemed appropriate by any of such officers, and the making of any appropriate statements, representations, certifications and confirmations on behalf of the City, and in their respective capacities as officers thereof, necessary, appropriate or convenient to effectuate and expedite the consummation of the City of Cape Canaveral Ordinance No. 0 -2013 Page 2 of 4 transactions specified herein, and any and all of the covenants, agreements and conditions of the City; the approval of the City and all corporate power and authority for such actions to be conclusively evidenced by the execution and delivery thereof by any of such officers. SECTION 9. Execution and Authentication of Loan(s). The Loan(s), and any associated note(s), shall be executed in the name of the City by its Mayor and the corporate seal of the Issuer or a facsimile thereof shall be affixed thereto or reproduced thereon and attested by its City Clerk. The authorized signatures for the Mayor and City Clerk shall be either manual or in facsimile. Any Loan(s) and associated Note(s) may be signed and sealed on behalf of the City by such person as at the actual time of the execution of such Loan(s) and associated Note(s) shall hold the proper office, although at the date of such Loan(s) and associated Note(s) such person may not have held such office or may not have been so authorized. SECTION 10. Application of Proceeds. Proceeds received by the City from the Loan(s) shall be used to pay the costs incurred by the City for the preconstruction activities and construction of certain wastewater and stormwater improvements authorized by Section 2 of this Ordinance. The City Manager shall establish and create funds and accounts to maintain the loan proceeds and such funds and accounts shall be considered trust funds for the purpose provided herein for such funds. Moneys on deposit to the credit of all funds and accounts created hereunder may be invested pursuant to applicable law and the City's written investment policy and shall mature not later than the dates on which such moneys shall be needed to make payments in the manner herein provided. The securities so purchased as an investment of funds shall be deemed at all times to be a part of the account from which the said investment was withdrawn, and the interest accruing thereon and any profit realized therefrom shall be credited to such fund or account, except as expressly provided in this Ordinance, and any loss resulting from such investment shall likewise be charged to said fund or account. SECTION 11. Payment of Principal and Interest; Limited Obligation. The City promises that it will promptly pay the principal of and interest on the Loan(s) at the place, on the dates and in the manner provided therein according to the true intent and meaning hereof and thereof. The Loan(s) shall be secured by a pledge of and lien upon the Pledged Revenues in the manner and to the extent described herein. The Loan(s) shall not be or constitute general obligations or indebtedness of the City as a "bond" within the meaning of Article VII, Section 12 of the Constitution of Florida, but shall be payable solely from the Pledged Revenues in accordance with the terms hereof. No holder of the Loan(s) issued hereunder shall ever have the right to compel the exercise of any ad valorem taxing power or the use of ad valorem tax revenues to pay such Loan(s), or be entitled to payment of such Loan(s) from any funds of the City except from the Pledged Revenues as described herein. SECTION 12. Tax Covenant. The City covenants to the Department of the proceeds provided for in this Ordinance that the City will not make any use of the proceeds received hereunder any time during the term of the Loan(s) which, if such use had been reasonably expected on the date the Loan(s) was issued, would have caused such Loan(s) to be an "arbitrage bond" within the meaning of the Internal Revenue Code. The City will comply with the City of Cape Canaveral Ordinance No. 01-2013 Page 3 of 4 requirements of the Internal Revenue Code and any valid and applicable rules and regulations promulgated thereunder necessary to ensure, to the extent applicable, the exclusion of interest on the Loan(s) from the gross income of the holders of the Loan(s) thereof for purposes of federal income taxation. SECTION 13. Reveal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. SECTION 14. Not Incorporated into Code. This Ordinance shall not be incorporated into the Cape Canaveral City Code. SECTION 15. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 16. Effective Date, This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2013. ATTEST: Rocky Randels, Mayor Name For Against Angela M. Apperson, John Bond Assistant City Manager/City Clerk Bob Hoog Buzz Petsos Rocky Randels Betty Walsh Approved as to Form and legal sufficiency for the City of Cape Canaveral only: Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 01-2013 Page 4 of 4 Attachment #2 Tentative SRF Program Project Summary Wastewater and Stormwater Improvements Activities, Schedule and Costs Wastewater Improvements Preconstruction activities will include planning, design and permitting for portions of the City's aging Wastewater Treatment Facilities that are in need of upgrading and refurbishment as described in the Request for Inclusion (RFI) Form. This work includes the reconfiguration of the oxidation ditch and the rebuilding of the sludge belt press. A new 3 MG Reclaimed Water Storage Tank needed to augment the existing 1 MG tank is included. An upgrade design to the existing Lift Station #9 and the replacement of a portion of undersized sewer line with a 10 inch line under Holman Road to prevent a large influx of wastewater from backing up into an adjacent home is included in the work. Additional projects may be added during the planning phase of the work. (!Vote that the Holman Road work was not included in the RFL) Schedule: Planning Completed May 2013 Engineering Work July 2013 Site Certificate and Permit July 2013 Preliminary Construction Cost Estimate: Oxidation Ditch Reconfiguration $1,500,000 Sludge Belt Refurbishment 200,000 3 MG Reclaimed Water Tank 1,950,000 Holman Road Sewer Upgrade 150.000 Subtotal Wastewater $3,800,000 Stormwater Improvements Preconstruction activities will include planning, design and permitting for several projects needed to upgrade and expand the City's Stormwater Management Facilities as described in the RFI. Plans include the North Central Ditch Project scheduled to be a two phase project to install triple 48" diameter Reinforced Concrete Pipes (RCPs) for a distance of approximately 800 feet. The North Atlantic Avenue Streetscape Project involves Stormwater improvements along both sides of North Atlantic Avenue for a distance of about 6,500 feet. The West Central Boulevard Pipe Replacement Project is needed to replace about 950 feet of severely corroded metal pipe along the northern side of West Central Boulevard. The Central Ditch Dredging Project includes the dredging of the Central Ditch from West Central Boulevard to near SR Al A, a distance of approximately 950 feet. The Canaveral City Park Stormwater Exfiltration System project will redirect stormwater to an exfiltration system located beneath two ball fields. Additional projects may be added during the planning phase of the work. (Note that the Canaveral City Park Stormwater ExJ11tration project was not included in the RFI.) Schedule: Planning Completed May 2013 Engineering Work Dec. 2013 Site Certificate and Permit Dec. 2013 Preliminary Construction Cost Estimate: North Central Ditch Phase 1 $ 200,000 North Central Ditch Phase 2 230,000 North Atlantic Ave. Streetscape 636,000 West Central Pipe Replacement 160,000 Central Ditch Dredging 95,000 Canaveral City Park Exfiltration 935.000 Subtotal Stormwater $2,256,000 Total Construction Cost $6,056,000 Contingency 605,600 Services during Construction 484,480 Special Studies* 90,000 Allowance* 575.320 Total CWSRF Eligible Cost $7,811,400 *These costs will be adjusted after bids are received and actual costs are known. The project Sponsor understands that the preconstruction loan will be based on the Priority List amount and adjusted after bids are received. Attachment #3 SRF Program Loan Application STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Iffillin1l, Florida Department ofEnvironmental Protection Bureau of" Water Facilities Funding Twin Towers Officc Buildink 2600 Bktir Slone Rmid, MS 3505 Tallahassee, Fl- 32399-2400 Form 62-503.900(2) Effective Dale 7-29-04 TABLE OF CONTENTS Page Number LOAN APPLICATION (1) SUBMITTAL.......................................................................................................................................... (2) COMPLETING THE APPLICATION................................................................................................... (3) ASSISTANCE......................................................................................................................................... PART I - ADMINISTRATIVE INFORMATION (1) PROJECT SPONSOR............................................................................................................................. 1 (2) AUTHORIZED REPRESENTATIVE.................................................................................................... 1 (3) PRIMARY CONTACT........................................................................................................................... 1 (4) ADDITIONAL CONTACTS.................................................................................................................. 1 (5) PROJECT NUMBER.............................................................................................................................. 1 (6) CAPITALIZATION GRANT PROJECT REQUIREMENTS................................................................ 2 (7) FINANCIAL HARDSHIP....................................................................................................................... 2 (8) DIRECT AND LEVERAGED LOANS.................................................................................................. 2 PART II - PROJECT INFORMATION A. PRECONSTRUCTION PROJECT (1) ACTIVITIES........................................................................................................................................... 2 (2) SCHEDULE............................................................................................................................................ 2 (3) COST...................................................................................................................................................... 3 B. CONSTRUCTION PROJECT (1) ACTIVITIES........................................................................................................................................... 3 (2) SCHEDULE............................................................................................................................................ 3 (3) COST...................................................................................................................................................... 3 PART III - FINANCIAL INFORMATION (1) PRINCIPAL........................................................................................................................................... 4 (2) TERMS AND REPAYMENT................................................................................................................. 4 (3) ANNUAL FUNDING LIMIT................................................................................................................. 4 (4) LOAN REPAYMENT RESERVE.......................................................................................................... 4 (5) INFORMATION ON LIENS.................................................................................................................. 4 (6) ACTUAL AND PROJECTED REVENUES.......................................................................................... 5 (7) AVAILABILITY OF PLEDGED REVENUES...................................................................................... 5 (8) LOAN SERVICE FEE............................................................................................................................ 5 PART IV - AUTHORIZATION AND ASSURANCES (1) AUTHORIZATION................................................................................................................................ (2) ASSURANCES....................................................................................................................................... PART V - SUPPLEMENTARY INFORMATION SCHEDULE OF PRIOR AND PARITY LIENS............................................................................................. 8 SCHEDULE OF ACTUAL REVENUES AND DEBT COVERAGE............................................................ 9 SCHEDULE OF PROJECTED REVENUES AND DEBT COVERAGE...................................................... 10 LISTOF ATTACHMENTS........................................................................................................................I... 11 Form 62-503.900(2) - i - Effective Date 7-29-04 LOAN APPLICATION (1) SUBMITTAL. Submit the application and attachments to the Department of Environmental Protection, MS 3505, Bureau of Water Facilities Funding, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. (2) COMPLETING THE APPLICATION. (a) This application consists of five parts: (1) ADMINISTRATIVE INFORMATION; (II) PROJECT INFORMATION; (III) FINANCIAL INFORMATION; (IV) AUTHORIZATION AND ASSURANCES; and (V) SUPPLEMENTARY INFORMATION. (b) All information provided on this application must be printed. Monetary amounts may be rounded. (c) Forms and attachments to be submitted are denoted with italic print. (3) ASSISTANCE. Completing this application may require information that can be obtained from Bureau of Water Facilities Funding staff. Please call (850) 245-8358 or SUNCOM 205-8358 for assistance in completing this application. PART I - ADMINISTRATIVE INFORMATION (1) PROJECT SPONSOR City of Cape Canaveral Federal Employer Identification Number 59-0974636 (2) AUTHORIZED REPRESENTATIVE (person authorized to sign or attest loan documents). Name David L. Greene Title City Manager Telephone (321) 868-1235 FAX (321) 868-1224 Email d.ereeneancityofcanecanaveral.or Mailing Address P.O. Box 326 Cape Canaveral, FL 32920 (3) PRIMARY CONTACT (person to answer questions regarding this application). Name John McGinnis Title Finance Director Telephone (321) 868-1235 FAX (321) 868-1224 Email i.mcainnisftityofcanecanaveral.or Employer City of Cape Canaveral Mailing Address P.O. Box 326 Cape Canaveral, FL 32920 (4) ADDITIONAL CONTACTS. If more than one additional person is to receive copies of Department correspondence, attach the information (Attachment #8 B). Name Jeff Ratliff Title Public Works Services Director Telephone (321) 868-1240 FAX (321) 868-1233 Email IratliffOlcilyofcapecanavera.p Employer City of Cape Canaveral Mailing Address P.O. Box 326 Cape Canaveral, FL 32920 (5) PROJECT NUMBER (listed -on the Department's priority list). 05050 Form 62-503.900(2) Page 1 of 11 Effective Date 7-29-04 (6) CAPITALIZATION GRANT PROJECT REQUIREMENTS. An Applicant may have to comply with certain Federal requirements for loans from funds that, in aggregate, are equivalent to the amount of the federal grant awarded to the Department to partially capitalize the State Revolving Fund. Please check with the Department to determine if the project is subject to such requirements. Is this project subject to special federal requirements? ❑ Yes ® No If this project is subject to special federal requirements complete an EPA Preaward Compliance Review Report and attach in Part V, List of Attachments. (Attachment # ). (7) FINANCIAL HARDSHIP. To qualify for a financial hardship loan the affordability index of a small community to be served by the project shall be less than 100. A small community is a municipality or unincorporated community with a total service area population of 20,000 or less as of the most recent decennial census. Please check with the Department to determine if the project qualifies for a financial hardship loan. Does the loan qualify for financial hardship consideration? ❑ Yes ® No (8) DIRECT AND LEVERAGED LOANS. A local government project sponsor that receives a loan from proceeds of bonds issued by the Florida Water Pollution Control Financing Corporation will be subject to certain limitations resulting from the tax exempt status of such bonds. Please check with the Department to determine if the loan is subject to such limitations. Is this loan subject to the special leveraged loan limitations? ❑ Yes ® No PART II — PROJECT INFORMATION If you are applying for a loan to plan and design a project that will involve construction, complete only Subpart A below. If you are applying for a loan to construct a project that is already planned and designed, complete only Subpart B below. A. PRECONSTRUCTION PROJECT Information should be provided for each separate facility to be planned and designed as appropriate. For design/build projects or those where multiple facilities, segments, or phases are involved, please attach information for activities, schedule, and cost for each. (Attachment #1) (1) ACTIVITIES. Attach a brief description of the scope of planning and design activities to be financed by this loan. Include a list of any specialized studies to be performed. (Attachment #1). Are these activities the same as those scheduled on Request for Inclusion Form? ❑ Yes ® No. If "No", please explain. (Attachment #1). Two projects have been added to this SRF Loan Application that were not included on the RFI Form; (1) Canaveral City Park Stormwater Exfiltration System and (2) Holman Road Sanitary Sewer System Upgrade. (2) SCHEDULE. (a) Provide proposed completion dates for the items. (Please call Department staff to discuss time frames needed to complete required tasks.) Planning documentation Engineering work Certification of site availability Permit May 2013 July 2013 July 2013 July 2013 (b) Do you anticipate that an interlocal agreement with another party will be necessary to ❑ Yes ® No implement the project? If "Yes", please explain. (Attachment # ) (c) Is this a design/build project? ❑ Yes ® No Form 62-503.900(2) Page 2 of 11 Effective Date 7-29-04 (3) COST. Is the cost information submitted for the preconstruction loan priority list ❑ Yes ® No current? If "No", please explain and submit revised cost information using the appropriate page of the Request for Inclusion Form. (Attachment #1) Note that the disbursable amount will be limited to the priority list amount. Two projects have been added to this SRF Loan Application that were not included on the RFI Form. PRECONSTRUCTION LOAN APPLICANTS PROCEED TO PART III. B. CONSTRUCTION PROJECT (1) ACTIVITIES. (a) Attach a brief description of construction activities to be financed by this loan. Include a list of the construction contracts (by title) corresponding to the plans and specifications accepted by the Department (Attachment # ) Are these contracts the same as those scheduled on the Request for Inclusion Form? ❑ Yes ❑ No If "No", please explain. (b) Have any of the contracts been bid? ❑ Yes ❑ No If "Yes", indicate which contracts have been bid. (Attachment # ) (c) Was the planning and design for this project financed with a preconstruction loan? ❑ Yes ❑ No If "Yes", give the preconstruction loan number. (d) Does this project involve an interlocal agreement with other local governments or other ❑ Yes ❑ No entities? If "Yes", attach a copy of the Department letter accepting the interlocal agreement. (Attachment # ) Is the interlocal agreement, as accepted by the Department, fully executed and ❑ Yes ❑ No enforceable? If "No", please explain (Attachment (2) SCHEDULE. (a) What is the estimated date for the start of construction? (b) What is the estimated date for construction completion? (c) What is the date for start up of the facilities? (3) COST. Is the cost information submitted for the priority list current? (month and year) ❑ Yes No If "No", please explain and submit revised cost information using the appropriate page of the Request for Inclusion Form. (Attachment #3) Note that the disbursable amount will be limited to the priority list amount. Two projects have been added to the SRF Loan Application that were not included on the RFI Form. Form 62-503.900(2) Page 3 of 11 Effective Date 7-29-04 PART III - FINANCIAL INFORMATION Please check with the Department to establish estimates of the capitalized interest rate, project useful life for financial hardship loans, financing rate, pledged revenue coverage, limitations on annual loan amounts for large projects, applicability and amount of repayment reserves, amount of the loan service fee and any other information needed to complete this form. (1) PRINCIPAL. The requested amount of the loan, excluding capitalized interest is $551,265 The estimate of the capitalized interest is $18,250 based on a financing rate of 2.25% Note that the disbursable amount will be limited to the priority list amount and must be consistent with the project information provided under PART II of this application. Also note that the capitalized interest is an inexact estimate, and it is subject to adjustment by the Department to reflect actual disbursement timing. The principal amount of the loan does not include the loan service fee. (2) TERMS AND REPAYMENT. (a) Loans to local government project sponsors are amortized over the lesser of useful life of the project or 20 years unless the project is to serve a small community qualifying as having a financial hardship. Loans to financial hardship communities may be amortized over the lesser of useful life of the project or 30 years. Loans to non-governmental project sponsors are amortized over the lesser of the useful of the project or 10 years. Finance charges and principal are paid semiannually. What is the useful life of the project? Water tank/ (years) Pipes - 50 Plant – 20 Over how many years would you like to amortize the loan? 20 (years) (b) List all revenues that are to be pledged for repayment of this loan. Net revenues of the Wastewater and Stormwater Enterprise Funds, (c) Pledged revenue receipts or collections by the project sponsor must exceed the amount of the repayments due to the Department unless there are other collateral provisions. The excess revenue, or coverage, generally is 15% of each repayment. What coverage is proposed for the loan? 115% (coverage percentage) (d) Is any other financial assistance being applied to this project? ❑ Yes 10 No If "Yes", please list. (Attachment # ) (3) ANNUAL FUNDING LIMIT. Large project funding (generally, loans in excess of $10 million) may be provided in increments pursuant to the initial loan agreement and subsequent amendments. Each increment shall have a separate financing rate as established in the agreement or amendment providing that increment. (4) LOAN REPAYMENT RESERVE. Subject to the Department's approval, a local government may establish a restricted or assigned reserve account, using its own funds, in an amount not less than the sum of two semiannual loan repayments in order to reduce the pledged revenue coverage requirement to as low as 1.0 times the annual debt service. Is a reserve expected to be established using local funds? ❑ Yes Fx—] No If "Yes," describe the locally funded reserve. (Attachment # ) (5) INFORMATION ON LIENS. (a) Describe, if applicable, all debt obligations having a prior or parity lien on the revenues pledged to repay this loan. (Attachment #2) Form 62-503.900(2) Page 4 of 11 Effective Date 7-29-04 (b) Using the Part V, Schedule of Prior and Parity Liens, provide debt service information, if applicable, on each prior and parity obligation. (c) For the listed obligations, provide a copy of the ordinance(s), resolution(s), official statement(s), or pages thereof, setting forth the definitions, use of proceeds, debt service schedule, pledged revenues, rate covenants, provisions for issuing additional debt, provisions for bond insurance, and debt rating. (Attachment # ). (d) Describe any other notes and loans payable from the revenues pledged to repay this loan. (Attachment # ). (6) ACTUAL AND PROJECTED REVENUES. (a) Complete the Part V, Schedule of Actual Revenues and Debt Coverage for the past two fiscal years. (b) Complete the Part V, Schedule of Projected Revenues and Debt Coverage, demonstrating the availability of pledged revenues for loan repayment. (7) AVAILABILITY OF PLEDGED REVENUES. All sources must be supported by a written legal opinion. (Attachment #3) The opinion must address the following: (a) Availability of the revenues to repay the loan. (b) Right to increase rates at which revenues shall be collected to repay the loan. (c) Subordination of the pledge if pledged revenues are subject to a prior or parity lien. (8) LOAN SERVICE FEE. A loan service fee is assessed on each loan. The fee is not part of the loan. The fee along with interest thereon will be deducted from the first available repayments after the final amendment to the loan agreement. PART IV — AUTHORIZATION AND ASSURANCES (1) AUTHORIZATION. Provide an authorizing resolution of the Applicant's governing body or other evidence of authorization (Attachment #4) for the following: (a) Pledging revenues to repay the loan. (b) Designation of the Authorized Representative(s) to file this application, provide assurances, execute the loan agreement, and represent the Applicant in carrying out responsibilities (including that of requesting loan disbursements) under the loan agreement. (2) ASSURANCES. The Applicant agrees to comply with the laws, rules, regulations, policies and conditions relating to the loan for this project. Applicants should seek further information from the Bureau of Water Facilities Funding staff as to the applicability of the requirements if the necessity for the assurances is of concern. Specifically, the Applicant certifies that it has complied, as appropriate, and will comply with the following requirements, as appropriate, in undertaking the Project: (a) Assurances for capitalization grant projects. 1. Complete all facilities for which funding has been provided. 2. The Archaeological and Historic Preservation Act of 1974, PL 93-291, and the National Historic Preservation Act of 1966, PL 89-665, as amended, regarding identification and protection of historic properties. 3. The Clean Air Act, 42 U.S.C. 7506(c), which requires conformance with State Air Quality Implementation Plans. 4. The Coastal Zone Management Act of 1972, PL 92-583, as amended, which requires assurance of project consistency with the approved State management program developed under this Act. 5. The Endangered Species Act, 16 U.S.C. 1531, et seq., which requires that projects avoid disrupting threatened or endangered species and their habitats. Form 62-503.900(2) Page 5 of 1 ] Effective Date 7-29-04 6. Executive Order 11593, Protection and Enhancement of the Cultural Environment, regarding preservation, restoration and maintenance of the historic and cultural environment. 7. Executive Order 11988, Floodplain Management, related to avoiding, to the extent possible, adverse impacts associated with floodplain occupancy, modification and development whenever there is a practicable alternative. 8. Executive Order 11990, Protection of Wetlands, related to avoiding, to the extent possible, adverse impacts associated with the destruction or modification of wetlands and avoiding support of construction in wetlands. 9. The Fish and Wildlife Coordination Act, PL 85-624, as amended, which requires that actions to control natural streams or other water bodies be undertaken to protect fish and wildlife resources and their habitats. 10. The Safe Drinking Water Act, Section 1424(e), PL 93-523, as amended, regarding protection of underground sources of drinking water. 11. The Wild and Scenic Rivers Act, PL 90-542, as amended, related to protecting components or potential components of the national wild and scenic rivers system. 12. The federal statutes relating to nondiscrimination, including: The Civil rights Act of 1964, PL 88-352, which prohibits discrimination on the basis of race, color or national origin; the Age Discrimination Act, PL 94-135, which prohibits discrimination on the basis of age; Section 13 of the Federal Water Pollution Control Act, PL 92-500, which prohibits sex discrimination; the Rehabilitation Act of 1973, PL 93-112, as amended, which prohibits discrimination on the basis of handicaps. 13. Executive Order 11246, Equal Employment Opportunity, which provides for equal opportunity for all qualified persons. 14. Executive Orders 11625 and 12138, Women's and Minority Business Enterprise, which require that small, minority, and women's business and labor surplus areas are used when possible as sources of supplies, equipment, construction and services. 15. The Coastal Barrier Resources Act, 16 U.S.C. 3501 et seq., regarding protection and conservation of the coastal barrier resources. 16. The Farmland Protection Policy Act, 7 U.S.C. 4201 et seq., regarding protection of agricultural lands from irreversible loss. 17. The Uniform Relocation and Real Property Acquisition Policies Act of 1970, PL 91-646, which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. 18. The Demonstration Cities and Metropolitan Development Act of 1966, PL 89-754, as amended, which requires that projects be carried out in accordance with area wide planning activities. 19. Section 306 of the Clean Air Act, Section 508 of the Clean Water Act and Executive Order 11738, which prohibit manufacturers, firms, or other enterprises on the EPA's list of Violating Facilities from participating in the Project. 20. Executive Order 12549, Debarment and Suspension, which prohibits any award to a party which is debarred or suspended or is otherwise excluded from, or ineligible for, participation in federal assistance programs. 21. Minority and Women's Business Enterprise participation in project work using numerical goals, established by the U.S. Environmental Protection Agency, and to be set forth in the specifications for construction and materials contracts. (b) Assurances for other projects. 1. Chapter 161, Part I, F.S., "Beach and Shore Preservation Act" and Part IlL "Coastal Zone Protection Act of 1985" which regulate coastal zone construction and all activities likely to affect the condition of the beaches or shore. Form 62-503.900(2) Page 6 of I I Effective Date 7-29-04 2. Chapter 163, Part II, F.S., the "Local Government Comprehensive Planning and Land Development Regulation Act" which requires units of local government to establish and implement comprehensive planning programs to control future development. 3. Chapter 186, F.S., State and Regional Planning, which requires conformance of projects with Regional Plans and the State Comprehensive Plan. 4. Chapter 253, F.S., "Emergency Archaeological Property Acquisition Act of 1988" which requires protection of archaeological properties of major statewide significance discovered during construction activities. 5. Chapter 258, Part III, F.S., which requires protection of components or potential components of the national wild and scenic rivers system. 6. Chapter 267, F.S., the "Florida Historical Resources Act" which requires identification, protection, and preservation of historic properties, archaeological and anthropological sites. 7. Chapter 287, Part I, F.S., which prohibits parties convicted of public entity crimes or discrimination from participating in State -assisted projects and which requires consideration of the utilization of Minority Business Enterprises in State -assisted projects. 8. Chapter 372, F.S., the Florida Endangered and Threatened Species Act which prohibits the killing or wounding of an endangered, threatened, or special concern species or intentionally destroying their eggs or nest. 9. Chapter 373, Part IV, F.S., Florida Water Resources Act of 1972, which requires that activities on surface waters or wetlands avoid adversely affecting: public health, safety, welfare, or property; conservation of fish and wildlife, including endangered or threatened species or their habitats; navigation or the flow of water, the fishing or recreational values or marine productivity; and significant historical and archaeological resources. 10. Chapter 380, Part I, F.S., Florida Environmental Land and Water Management Act of 1972 as it pertains to regulation of developments and implementation of land and water management policies. 11. Chapter 381, F.S., Public Health, as it pertains to regulation of onsite wastewater systems. 12. Chapter 403, Part I, F.S., Florida Air and Water Pollution Control which requires protection of all waters of the state. 13. Chapter 582, F.S., Soil and Water Conservation Act which requires conformance with Water Management District's regulations governing the use of land and water resources. 14. Governor's Executive Order 95-359, which requires State Clearinghouse review of project planning documentation and intergovernmental coordination. I, the undersigned Authorized Representative of the Applicant, hereby certify that all information contained herein and in the attached is true, correct, and complete to the best of my knowledge and belief. I further certify that I have been duly authorized to file the application and to provide these assurances. Signed this Authorized Representative Attachments Day of (signature) , 2012 David L. Greene (name typed orprinted) Form 62-503.900(2) Page 7 of 11 Effective Date 7-29-04 PART V — SUPPLEMENTARY INFORMATION SCHEDULE OF PRIOR AND PARITY LIENS (EXCLUDING SRF LOANS) List annual debt service beginning two years before the anticipated loan agreement date and continuing at least three additional fiscal years. Use additional pages as necessary. Note: Not Applicabld - The City of Cape Canaveral has no prior or parity liens except two SFR loans. Identify Each Obligation Coverage Insured? Fiscal Year 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2027 2028 2029 2030 #1 #2 #3 Form 62-503.900(2) Page 8 of l 1 Effective Date 7-29-04 Yes No Yes No Yes No Total Debt Annual Debt Service (Principal Plus Interest) Total Service Incl. #1 #2 #3 Debt Service Coverage $ $ $ $ $ $ $ $ $ $ Form 62-503.900(2) Page 8 of l 1 Effective Date 7-29-04 PART V — SUPPLEMENTARY INFORMATION SCHEDULE OF ACTUAL REVENUES AND DEBT COVERAGE (Provide information for the two fiscal years preceding the anticipated date of the SRF loan agreement.) FY 2010 FY 2011 (a) Operating Revenues (Source) Charges for services $3,537,301 $3,720,696 Miscellaneous 0 18,660 (b) Interest Income 70,127 54,761 (c) Other Income or Revenue (Identify) Capital Contributions 200 0 Loss on the sale or disposal of assets (5,142) 0 (d) Total Revenues 3,602,486 3,794,117 (e) Operating Expenses (excluding interest on debt, depreciation, and other non-cash items) 2,174,657 2,244,208 (f) Net Revenues [(f) = (d) — (e)] 1,427,829 1,549,909 (g) Debt Service (including any required coverage) 746,792 746,792 (h) Attach audited annual financial report(s), or pages thereof, or other documentation necessary to support the above information. Include any notes or comments from the audit reports regarding compliance with covenants of debt obligations having a prior or parity lien on the revenues pledged for repayment of the SRF Loan. (Attachment #5) (i) Attach worksheets reconciling this page with the appropriate financial statements (for example, backing out depreciation and interest payments from operating expenses). (Attachment #6) (j) If the net revenues were not sufficient to satisfy the debt service and coverage requirement, please explain what corrective action was taken. (Attachment # ) Form 62-503.900(2) Page 9 of I I Effective Date 7-29-04 PART V — SUPPLEMENTARY INFORMATION SCHEDULE OF PROJECTED REVENUES AND DEBT COVERAGE Begin with the fiscal year preceding first anticipated semiannual loan payment and continuing for at least three additional years. Attach a separate page for previous State Revolving Fund loans. (Attachment #7) (a) Operating Revenue (b) Interest Income (c) Other Income or Revenue (identify) (d) Total Revenues FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 4,269,700 4,460,600 4,661,000 4,872,500 5,092,100 37,300 31,900 28,500 41,900 48,700 4,307,000 4,492,500 4,689,500 4,914,400 5,140,800 (e) Operating Expenses (excluding interest on debt, depreciation, and other non-cash items) 2,912,700 3,019,300 3,129,800 3,244,700 3,363,900 (f) Net Revenues (g = e - f) 1,394,300 1,473,200 1,559,700 1,669,700 1,776,900 (g) Revenue (including coverage) pledged to debt service, excluding SRF loans (h) Revenue (including coverage) pledged to outstanding SRF loans 746,800 746,800 437,300 0 0 (i) Revenue Available for this SRF Loan [(i) = (f) — (g) — (h)j 647,500 726,400 1,122,400 1,669,700 1,776,900 (j) Identify the source of the above information and explain methods used to develop the projections (Attachment #8A). Include an explanation of any revenue and expense growth or other adjustments; for example, any rate increases, service growth, inflation adjustments, expense adjustments reflecting the cost of operating additional facilities, or other considerations. (k) For construction loans, are the above projections consistent with the accepted financial feasibility information? If "No", please explain. (Attachment # ) ® Yes ❑ No Form 62-503.900(2) Page 10 of 11 Effective Date 7-29-04 PART V — SUPPLEMENTARY INFORMATION LIST OF ATTACHMENTS LIST OF ATTACHMENTS. This application requires the submittal of Attachments to provide supplemental information. The application is not complete without the completed List of Attachments. Please list all attachments that you are including with this application form. Attachment Number Wastewater and Stormwater Improvements, Activities, Schedule and Costs 1 Notes and Loans from the Revenues Pledged to Repay this Loan 2 Legal Opinion on the Availability of Pledged Revenues 3 Authorizing Ordinance of the City of Cape Canaveral City Council 4 Pages from the Audited Annual Financial Report for FY 10 and FYI l 5 Expense Reconciliation for Fiscal Year 2010 and Fiscal Year 2011 6 Previous State Revolving Fund Loans 7 Financial Projection Information 8A Additional Contact 8B Form 62-503.900(2) Page 11 of 11 Effective Date 7-29-04 Attachment ##1 Wastewater and Stormwater Improvements Activities, Schedule and Costs Wastewater Improvements Preconstruction activities will include planning, design and permitting for portions of the City's aging Wastewater Treatment Facilities that are in need of upgrading and refurbishment as described in the Request for Inclusion (RFI) Form. This work includes the reconfiguration of the oxidation ditch and the rebuilding of the sludge belt press. A new 3 MG Reclaimed Water Storage Tank needed to augment the existing 1 MG tank is included. An upgrade design to the existing Lift Station #9 and the replacement of a portion of undersized sewer line with a 10 inch line under Holman Road to prevent a large influx of wastewater from backing up into an adjacent home is included in the work. Additional projects may be added during the planning phase of the work. (Note that the Holman Road work was not included in the RFI.) Schedule: Planning Completed May 2013 Engineering Work July 2013 Site Certificate and Permit July 2013 Preliminary Construction Cost Estimate: Oxidation Ditch Reconfiguration $1,500,000 Sludge Belt Refurbishment 200,000 3 MG Reclaimed Water Tank 1,950,000 Holman Road Sewer Upgrade 150.000 Subtotal Wastewater $3,800,000 Stormwater Improvements Preconstruction activities will include planning, design and permitting for several projects needed to upgrade and expand the City's Stormwater Management Facilities as described in the RFI. Plans include the North Central Ditch Project scheduled to be a two phase project to install triple 48" diameter Reinforced Concrete Pipes (RCPs) for a distance of approximately 800 feet. The North Atlantic Avenue Streetscape Project involves Stormwater improvements along both sides of North Atlantic Avenue for a distance of about 6,500 feet. The West Central Boulevard Pipe Replacement Project is needed to replace about 950 feet of severely corroded metal pipe along the northern side of West Central Boulevard. The Central Ditch Dredging Project includes the dredging of the Central Ditch from West Central Boulevard to near SR AIA, a distance of approximately 950 feet. The Canaveral City Park Stormwater Exfiltration System project will redirect stormwater to an exfiltration system located beneath two ball fields. Additional projects may be added during the planning phase of the work. (Note that the Canaveral City Park Stormwater Exfiltration project was not included in the RFI.) Schedule: Planning Completed May 2013 Engineering Work Dec. 2013 Site Certificate and Permit Dec. 2013 Preliminary Construction Cost Estimate: North Central Ditch Phase 1 $ 200,000 North Central Ditch Phase 2 230,000 North Atlantic Ave. Streetscape 636,000 West Central Pipe Replacement 160,000 Central Ditch Dredging 95,000 Canaveral City Park Exfiltration 935.000 Subtotal Stormwater $2,256,000 Total Construction Cost $6,056,000 Contingency 605,600 Services during Construction 484,480 Special Studies* 90,000 Allowance* 575.320 Total CWSRF Eligible Cost $7,811,400 *These costs will be adjusted after bids are received and actual costs are known. The project Sponsor understands that the preconstruction loan will be based on the Priority List amount and adjusted after bids are received. 2 Attachment #2 Notes and Loans from the Revenues Pledged to Repay this Loan The only outstanding City Debt Obligations pledged against the net revenues of the Wastewater and Stormwater Enterprise Funds are two Florida Department of Environmental Protection SRF loans listed below. State Revolving Fund Loan No. CS120825020 with semiannual payments of $251,693.75 secured by the Wastewater Enterprise Fund Utility Revenue. State Revolving Fund Loan No. CS 120825030 with semiannual payments of $72,997.88 secured by the Wastewater Enterprise Fund Utility Revenue. Final payments on these two existing loans are scheduled for 2016. Attachment #3 Legal. Opinion on the Availability of Pledged Revenues Attachment #4 Authorizing Ordinance of the Cape Canaveral City Council ORDINANCE NO. 01-2013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATING TO THE STATE REVOLVING FUND PROGRAM; PURSUANT TO SECTION 2.12(5) OF THE CITY CHARTER AUTHORIZING ONE OR MORE LOAN APPLICATIONS TO BE FILED WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION IN A TOTAL AMOUNT NOT TO EXCEED EIGHT MILLION DOLLARS FOR PURPOSES OF FUNDING CERTAIN WASTEWATER AND STORMWATER IMPROVEMENT PROJECTS; AUTHORIZING THE LOAN AGREEMENT(S); ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Florida Statutes provide for loans to local government agencies to finance the construction of water pollution control facilities; and WHEREAS, Florida Administrative Code rules require authorization to apply for loans; to establish pledged revenues; to designate an authorized representative; to provide assurances of compliance with loan program requirements; and to enter into loan agreements; and WHEREAS, the State Revolving Fund loan priority list designates Project Number WWO5050 as eligible for available funding; and WHEREAS, the City of Cape Canaveral, Florida, intends to enter into a loan agreement with the Department of Environmental Protection (hereinafter referred to as the "Department") under the State Revolving Fund for project financing. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida: SECTION 1. Recitals. The foregoing findings are incorporated herein by reference and made a part hereof. SECTION 2. Leval Authority. The legal authority for borrowing moneys to construct the projects is established in Chapter 166, Florida Statutes and Section 2.12(5) of the Cape Canaveral Charter. SECTION 3. Authorization. The City Council of the City of Cape Canaveral hereby authorizes City staff, on behalf of the City, to apply for one or more State of Florida revolving loans for point source water pollution control in the amount of approximately Eight Million Dollars ($8,000,000.00) to finance the preconstruction activities and construction of certain wastewater and stormwater improvements (hereinafter "Loan"). City of Cape Canaveral Ordinance No. 01-2013 Page 1 of 4 SECTION 4. Establishing Pledged Revenues. The revenues pledged for the repayment of the Loan(s) are net sewer and stormwater utility system revenues after payment of operating and maintenance expenses of the systems and of debt service on any previous SRF loans of the City. SECTION 5. Description of Loan(s) and any Associated Notes. The Loan(s) and any associated Note(s) shall be dated the date of its execution and delivery, which shall be a date agreed upon by the City and the Department, subject to the following terms: (A) Interest Rate. The interest rate shall have a fixed interest rate not to exceed 3.25%, subject to adjustment upon the occurrence of certain non or late payment events as expressly provided in the Loan(s) and any associated Note(s). (B) Principal and Interest Payment Dates. Principal and interest payments shall be made in accordance with the terms and conditions approved by the City Manager in the Loan Application(s). (C) Form of any Notes. Any Note(s) required by the lender shall be in form approved by the City Manager and City Attorney consistent with the terms and conditions of this Ordinance. SECTION 6. Designation of City's Lead Authorized Representative. The City Council of the City of Cape Canaveral hereby designates the City Manager as the City's lead authorized representative to provide the assurances and commitments required by the loan application(s). SECTION 7. Limitation of Rights. With the exception of any rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Ordinance or any notes executed in furtherance of this Ordinance are intended or shall be construed to give to any person other than the City and the Department any legal or equitable right, remedy or claim under or with respect to this Ordinance or any covenants, conditions and provisions herein contained; this Ordinance and all of the covenants, conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of the City and the Department. SECTION 8. General Authority. The Mayor, City Manager, Assistant City Manager, City Attorney, and Finance Director of the City, or any of them, are hereby authorized, in connection with the Loan(s) and to do all things and to take any and all actions on behalf of the City; to execute and deliver any notes and documents; to provide disclosures concerning the City; and to finalize and close the transactions specified in all such agreements or arrangements (including any amendments or modifications thereof), including, without limitation, the execution and delivery of any and all documents and instruments deemed appropriate by any of such officers, and the making of any appropriate statements, representations, certifications and confirmations on behalf of the City, and in their respective capacities as officers thereof, necessary, appropriate or convenient to effectuate and expedite the consummation of the City of Cape Canaveral Ordinance No. 01-2013 Page 2 of 4 transactions specified herein, and any and all of the covenants, agreements and conditions of the City; the approval of the City and all corporate power and authority for such actions to be conclusively evidenced by the execution and delivery thereof by any of such officers. SECTION 9. Execution and Authentication of Loan(s). The Loan(s), and any associated note(s), shall be executed in the name of the City by its Mayor and the corporate seal of the Issuer or a facsimile thereof shall be affixed thereto or reproduced thereon and attested by its City Clerk. The authorized signatures for the Mayor and City Clerk shall be either manual or in facsimile. Any Loan(s) and associated Note(s) may be signed and sealed on behalf of the City by such person as at the actual time of the execution of such Loan(s) and associated Note(s) shall hold the proper office, although at the date of such Loan(s) and associated Note(s) such person may not have held such office or may not have been so authorized. SECTION 10. Application of Proceeds. Proceeds received by the City from the Loan(s) shall be used to pay the costs incurred by the City for the preconstruction activities and construction of certain wastewater and stormwater improvements authorized by Section 2 of this Ordinance. The City Manager shall establish and create funds and accounts to maintain the loan proceeds and such funds and accounts shall be considered trust funds for the purpose provided herein for such funds. Moneys on deposit to the credit of all funds and accounts created hereunder may be invested pursuant to applicable law and the City's written investment policy and shall mature not later than the dates on which such moneys shall be needed to make payments in the manner herein provided. The securities so purchased as an investment of funds shall be deemed at all times to be a part of the account from which the said investment was withdrawn, and the interest accruing thereon and any profit realized therefrom shall be credited to such fund or account, except as expressly provided in this Ordinance, and any loss resulting from such investment shall likewise be charged to said fund or account. SECTION 11. Payment of Principal and Interest; Limited Obligation. The City promises that it will promptly pay the principal of and interest on the Loan(s) at the place, on the dates and in the manner provided therein according to the true intent and meaning hereof and thereof. The Loan(s) shall be secured by a pledge of and lien upon the Pledged Revenues in the manner and to the extent described herein. The Loan(s) shall not be or constitute general obligations or indebtedness of the City as a "bond" within the meaning of Article VII, Section 12 of the Constitution of Florida, but shall be payable solely from the Pledged Revenues in accordance with the terms hereof. No holder of the Loan(s) issued hereunder shall ever have the right to compel the exercise of any ad valorem taxing power or the use of ad valorem tax revenues to pay such Loan(s), or be entitled to payment of such Loan(s) from any funds of the City except from the Pledged Revenues as described herein. SECTION 12. Tax Covenant. The City covenants to the Department of the proceeds provided for in this Ordinance that the City will not make any use of the proceeds received hereunder any time during the term of the Loan(s) which, if such use had been reasonably expected on the date the Loan(s) was issued, would have caused such Loan(s) to be an "arbitrage bond" within the meaning of the Internal Revenue Code. The City will comply with the City of Cape Canaveral Ordinance No. 01-2013 Page 3 of 4 requirements of the Internal Revenue Code and any valid and applicable rules and regulations promulgated thereunder necessary to ensure, to the extent applicable, the exclusion of interest on the Loan(s) from the gross income of the holders of the Loan(s) thereof for purposes of federal income taxation. SECTION 13. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. SECTION 14. Not Incorporated into Code. This Ordinance shall not be incorporated into the Cape Canaveral City Code. SECTION 15. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 16. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2013. ATTEST: Rocky Randels, Mayor Name For Against Angela M. Apperson, John Bond Assistant City Manager/City Clerk Bob Hoog Buzz Petsos Rocky Randels Betty Walsh Approved as to Form and legal sufficiency for the City of Cape Canaveral only: Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 01-2013 Page 4 of 4 Attachment #5 Panes from the Audited Annual Financial Revort for FY10 and FY11 Pages of the City of Cape Canaveral's Comprehensive Annual Financial Report (CAFR) supporting PART V — SUPPLEMENTARY INFORMATION for Fiscal Year 2010 and Fiscal Year 2011. CITY OF CAPE CANAVERAL, FLORIDA STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN FUND NET ASSETS PROPRIETARY FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2010 Operating revenues Charges for sales and services: Sewer charges Stormwater charges Total operating revenues Operating expenses Operating and maintenance: Personal services Materials and supplies Other operating and maintenance Depreciation Total operating expenses Operating Income Nonoperating revenues (expenses) Investment earnings Loss on sale or disposal of assets Interest expense Amortization of loan costs Total nonoperating revenues (expenses) Income before capital contributions and transfer; Capital contributions Transfers out Changes in net assets Total net assets, beginning of year, as restated Total net assets, and of year Business -type Activities - Enterprise Funds Sewer Fund Stormwater Fund Total S 3,191,340 S - $ 3,191,340 345,961 345.961 3.I91,340 345,961 3,537,301 1,249,116 15,489 1,264,605 146,567 1,126 147,693 594,340 168,019 762,359 796.461 56.213 852,674 2,786,484 240,847 3,027,331 404,856 105,114 509,970 45,619 24,508 70,127 (5,142) - (5,142) (110,734) - (110,734) (9.291) (9,291) (79,548) 24,508 (55,040) 325,308 129,622 454,930 - 200 200 (125.000) (125,000) 200,308 129,822 330,130 12,790,609 2,006,050 14,796,659 $ 12,990,917 $ 2.135,872 $ 15,126,789 The accompanying notes to financial statements are an integral part of this statement. -46- CITY OF CAPE CANAVERAL, FLORIDA STATEMENT OF CASH FLOWS PROPRIETARY FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2010 Cash Kowa from operating actividet Cash received from automen Cash paid to supplier Cash paid to employeet Net cash provided by operating activities Cash flows from noneapital flaancing activities Transfers out Net cash used in noncapital financing activities Cash flows from capital and related financing activities Principal payments on capital deb Interest paid PmceWs from capital grants and contribution Acquisition and construction of capital asset Net cash used in capital and relater financing activities Cash flows from investing activitlei Interest receiver'. Net increase in cash and cash equivalents Cash and cash equivalents, beginning of year, as restates Cash and cash equivalents, end of year Reconciliation of operating income to nei cash provided by operating activities Operating income Adjustment to reconcile operating income G net cash provided by operating activitie: Depreciation Decrease (increase) in certain assets Accounts receivablt Due from other governments Inventories and prepaid item: increase (decrease) in certain liabilities Compensated absences payable Accounts payable and accreted liabilitie Net OPEB Iiabilit) Net cash provided by (used in) operating activitit Business-bwActivities -Enterprise Funds Sewer Fund Stormwater Fund Total S 3,178,118 S 349,827 S 3,527,945 (782,351) (146,941) (929,292) (1,242,446) (20.254) (1,262,700) 1,153,321 182,632 1,335,953 (MAN) (125,000) (125,000) (125,000) (533,845) - (533,845) (115,538) (115,538) 200 200 (126,736) (125,432) (252,168) (776,119) _ (125,232) (901,351) 45,619 24,509 70,128 297,821 81,909 379,730 1,499,931 893,451 2,393,382 SS 16797,752 S 9075,360 S 2.773,112 S 404,856 S 105,114 S 509,970 796,461 56,213 852,674 511,434 69,957 581,391 (524,656) (66,091) (590,747) 228 379 607 2,077 (4,438) (2,361) (42,456) 21,420 (21,036) 5,377 78 5,455 as to a® s 1® The accompanying nates to financial statements are an integral part of this statement. sIfle CITY OF CAPE CANAVERAL, FLORIDA STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN FUND NET ASSETS PROPRIETARY FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2011 Operating revenues Charges for sales and services: Sewer charges Stormwater charges Miscellaneous Total operating revenues Operating expenses Operating and maintenance: Personal services Materials and supplies Other operating and maintenance Depreciation Total operating expenses Operating Income Nonoperating revenues (expenses) Investment earnings Interest expense Amortization of loan costs Total nonoperating revenues (expenses) Income before capital contributions and transfers Transfers out Changes In net assets Total net assets, beginning of year Total net assets, end of year Buslnep4ype Activities - Enterprise Funds Sewer Fund Storrnwater Fund Total $ 3,376,100 $ - $ 3,376,100 - 344,596 344,596 18,660 18,660 3,376,100 363,256 3,739,356 1,209,101 40,321 1,249,422 128,009 3,113 131,122 685,454 178,210 863,664 807,878 57,569 865,447 2,830,442 279,213 3,109,655 545,658 84,043 629,701 36,615 18,146 54,761 (94,996) - (94,996) (9,291) (9,291) (67,672) 18,146 (49,526) 477,986 102,189 580,175 (125,000) (125,000) 352,986 102,189 455,175 12,990,917 2,135,872 15,126,789 $ 13343 903 $ 2,238,061 $ 15,581,964 The accompanying notes to financial statements are an integral part of this statement. -46- CITY OF CAPE CANAVERAL, FLORIDA STATEMENT OF CASH FLOWS PROPRIETARY FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2011 Cash flows from operating activities Cash received from customers Cash paid to suppliers Cash paid to employees Net cash provided by operating activities Cash flows from nonespital financing activities Transfers out Net cash used in noncapital financing activities Cash flows from capital and related financing activities Principal payments on capital debt Interest paid Acquisition and construction ofcapital assets Net cash used in capital and related financing activities Cash flows from investing activities Interest received Net increase In cash and cash equivalents Cash and cash equivalents, beginning of year Cash and cash equivalents, end of year Reconciliation of operating income to net cash provided by operating activities Operating income Adjustment to reconcile operating income to net cash provided by operating activities: Depreciation Decrease (increase) in certain assets: Accounts receivable Due from other governments Inventories and prepaid Items Increase (decrease) in certain liabilities: Compensated absences payable Accounts payable and accrued liabilities Net OPER liability Net cash provided by (used in) operating activities Bushness4ype Activities - Enterprise Funds Sewer Fund Stormwater Fund Total S 3,406,868 $ 364,823 S 3,771,691 (795,334) (93,851) (889,185) (1,216,816) (37,037) (1,253,853) 1,394,718 233,935 1,62803 (125,000) (12500) (125,000) (125,000) (550,268) - (550,268) (99,016) - (99,016) (215,122) (436,092) (651,214) (864,406) (436,092) (1,300,498) 36,615 18,147 54,762 441,927 (184,010) 257,917 1,797,752 975,360 2,773,112 $ 2,239,679 S 741350 S 3,031,029 S 2X9 $ 545,658 $ 84,043 $ 629,701 807,878 57,569 865,447 (493,888) (64,524) (S58,412) 524,656 66,091 590,747 (11063) 31 (1,032) (10410) 3,217 (7,193) 19,192 87,441 106,633 2,695 67 2,762 $ X2339 S The accompanying notes to financial statements are an integral pan of this statement. -47. Attachment #6 Expense Reconciliation for Fiscal Year 2010 and Fiscal Year 2011 Operating Expenses FY2010 FY2011 Operating Expenses per CAFR $3,027,331 $3,109,655 Depreciation Expense (852,674) (865,447) Net Cash Expense 2 1 4 Attachment #7 Previous State Revolving Fund Loans The City's two previous State Revolving Fund Loans are summarized below: State Revolving Fund Loan No. CS120825020 with semiannual payments of $251,693.75 secured by the Wastewater Enterprise Fund Utility Revenue. FY2010 FY2011 Principal 415,942 Principal 428,838 Interest 87,446 Interest 74,551 State Revolving Fund Loan No. CS 120825030 with semiannual payments of $72,997.88 secured by the Wastewater Enterprise Fund Utility Revenue. FY2010 FY2011 Principal 117,903 Principal 121,431 Interest 28,093 Interest 24,565 Attachment #8 A. Financial Proiection Information Financial Projections were based on the Fiscal Year 2013 Adopted City Budget and a Sewer System Rate Study prepared in February 2012 by Raftelis Financial Consultants. The Stormwater Rate was increased 66.67% in Fiscal Year 2012. Sewer revenues have an automatic annual increase of 5% every October 1 through Fiscal Year 2016. Effective in Fiscal Year 2013, Reclaimed Water was established as a flat rate service. Service levels for each property are based upon Equivalent Reclaimed Irrigation Connections (ERICs), which are defined by the size of the pipe providing reclaimed water to each property. These service levels and resulting reclaimed water rates are defined as follows: o 1 -inch diameter connection — 1 ERIC (rate of $6.33 per month); o 2 -inch diameter connection — 4 ERICs (rate of $25.32 per month): and o 4 -inch diameter connection — 12 ERICs (rate of $75.96 per month). B. Additional Contact Don Berryhill, P.E. The Berryhill Group, LLC 1528 Woodgate Way Tallahassee, Florida 32308 City of Cape Canaveral City Council Agienda Form City Council Meeting Date: 01/15/2013 Item No. Subject: Ordinance No. 02-2013; amending Chapter 110, Zoning, of the Code of Ordinances to repeal the Special Exception in the C-1 and C-2 Zoning Districts for Commercial Establishments for the Storage or Parking of Recreational Vehicles, Trailers and Trailerable Items,; amending the M-1 Zoning District regulations to make Outside Storage a Principal Use; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, first reading. Department: Commun and Econornic.Devel9p ­ - AY- -Ment Summary: August 21, 2012 — The City Council discussed City Code Sec. 110- 334(c)(11), entitled: "Commercial Establishment for the Storage or Parking of Recreational Vehicles, Trailers and Trailerable Items", Council discussed the appropriateness of locating such establishments along SR AIIA. By consensus, Council) requested Planning & Zoning Board Study the issue and return a recommendation to the City Council, August 22, 2012 — After discussion of the issue, the PZ Board directed staff to prepare an ordinance prohibiting such establishments in the, C-1 District within 400 ft. of the entire SR AlA roadway as well as all of Central Boulevard; and to change "Outside Storage"' from a Special Exception to a Principal Use in the M-1 Industrial Zoning District. October 24, 2012 — P&Z Board reviewed a draft Ordinance and recommended that the 400 ft. setback from the identified roadways apply to the C-2 Zoning District as well. Specific buffering and landscape requirements for this use were also discussed. The Board directed Staff to bring a revised Ordinance back for further consideration,. December 12, 2012, P&Z Board determined that the 400 ft. setback left only a few possible locations in C-1 and C-2 for RV storage on AlA and Central. The Board also did not want RV Storage located along North Atlantic Avenue and, therefore, recommended prohibiting RV Storage in all of the C-1 and C-2 Zoning Districts outright, rather than calling for a 400, ft. setback, In addition, the Board recommended changing "Outside Storage" from a Special Exception to a Principal Use in M-1. Staff supports P&Z's recommendation to prohibit storage of RVs, trailers, etc. in C-1 and C-2 Zoning Districts- however, the full ramifications of making outside storage a Principal Use may not have been considered. While Staff can anticipate the type of buffering and screening needed for storage of automobiles, RVs and trailers, etc., Outside Storage is potentially more encompassing, Outside Storage could include shipping containers, construction equipment & supplies, or other uses that may require additional buffering or screening than required by Code. Staff recommends that Outside Storage remain a Special Exception. The Notice of Public Hearing was published on January 3, 2011 Submitting Director- Barry Brown Date:01/07/2013 City Council Meeting Date: 01 /15/2013 Item Pio. ................................ Page 2 of 2 ....... ... - ... . ....... Attachment: Ordinance No. 02-2013 Financial Impact: Cost to prepare, advertise and incorporate the Ordinance into the City Code. Reviewed by Finance Director: John McGinnis 4,ffr�] Date: The City Manager recommends that City Coun0l takk.the following actions}: Approve Ordinance No, 02-2013 on first reading; send Ordinance back to P&Z Board for reconsideration; adopt Ordinance upon second reading in February. Approved by Cit_Manager: David L. Greene Date: City Council Action:[ ] Approved as Recommended Disapproved Approved with Modifications Tabled to Time Certain ORDINANCE NO. 02-2013 AN ORDINANCE OFTHE CITY COUNCIL OFTHE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES, TO REPEAL THE SPECIAL EXCEPTION IN THE C-1 AND C-2 ZONING DISTRICTS FOR COMMERCIAL ESTABLISHMENTS FOR THE STORAGE OR PARKING OF RECREATIONAL VEHICLES, TRAILERS AND TRAILERABLE ITEMS; AMENDING THE M-1 ZONING DISTRICT REGULATIONS TO MAKE OUTSIDE STORAGE A PRINCIPAL USE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the 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, in 2009, the City conducted a community-based, citizen driven Visioning process to develop a vision and strategy for future development and redevelopment of underutilized areas located in the City; and WHEREAS, in order to encourage future development consistent with the principles developed during the Visioning process, the City desires to amend the actual list of special exceptions permitted in the C-1 Low Density Commercial and the C-2 Commercial/Manufacturing Districts to repeal special exceptions for commercial facilities for the storage or parking of recreational vehicles, trailers and trailerable items; and WHEREAS, the City Council additionally desires to make outside storage a principal use in the City's M-1 Light Industrial and Research and Development District, instead of a special exception use; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape City of Cape Canaveral Ordinance No. 02-2013 Paget of 5 Canaveral. Section 2. Amendment to Chapter 110. Zoning. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING ARTICLE VII. DISTRICTS DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT Section 110-334. Special exceptions permitted by board of adjustment. ( c) Special exceptions may be permitted for the following: ..110 .:• .• r�li•■nnn•n■�aa�:7raan��iw•�■�•�,Z.a.r.ra■saK� DIVISION 6. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT City of Cape Canaveral Ordinance No. 02-2013 Page 2 of 5 DISTRICT Sec. 110-352. - Principal uses and structures. In the M-1 light industrial and research and development district, the following uses and structures are permitted, provided any use or group of uses that are developed, either separately or, if developed as a unit with certain site improvements, shared in common, meet requirements of article IX of this chapter: Outside storage, subject to the requirements of section 110-566. Sec. 110-354. Special exceptions permissible by the board of adjustment. ( c) Special exceptions may be granted for the following: (1) 110-566. Reserved. DIVISION 8. C-2 COMMERCIAL/MANUFACTURING DISTRICT Sec. 110-393. - Special exceptions permissible by the board of adjustment. ( c) Special exceptions may be permitted for the following: LIA"Al of 1111P1111110111 i AWATATi�$�prla City of Cape Canaveral Ordinance No. 02-2013 Page 3 of 5 R•f aR�l.1•J � a•1• �' Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance and all Exhibits hereto shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 12013. ROCKY RANDELS, Mayor ATTEST: John Bond ANGELA APPERSON, City Clerk Bob Hoog Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral Ordinance No. 02-2013 Page 4 of 5 For Against I" Legal Ad Published: First Reading: 2nd Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 02-2013 Page 5 of 5 C�ity of Cape Canaveral City Council Agenda Form City Council Meeting Date: 01/15/2013 Item No. Subject: Ordinance No, 03-2013; amending Chapter 110, Zoning, of the Code of Ordinances related! to Commercial Parking Facilities in the AlA Economic Opportunity Overlay District; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, first reading. Department: Community and Economic Development Summary: Prior to the adoption of the AIA Economic Opportunity Overlay District on July 17, 2012, Commercial Parking Facilities were not allowed in the City. With the adoption of the Overlay, Commercial Parking Facilities became a Special Exception Use in the M-1 Zoning portion of the Overlay District. Mr. Charles Pindziak drafted a letter dated August 20, 2012 requesting that Commercial Parking Facilities be changed from a Special Exception to a Principal Use. The Planning & Zoning Board discussed the request on October 24, 2012 and directed Staff to draft an Ordinance making Commercial Parking Facilities a Principal Use and provide screening and landscape requirements specific to this use. On December 12, 2012 the P&Z Board reviewed the proposed Ordinance and recommended approval. Staff supports the Board's recommendation, but does not believe the language in the Ordinance represents the intent of Staff or the Board for screening and landscaping. It was the intent of Staff for the parking facility to be enclosed by fence or wall, but only provide the landscape buffer where visible from public view. The Ordinance, as drafted, requires a landscape buffer around the entire perimeter whether or not it is visible from public view and only requires a wall or fence where visible from public view. The Notice of Public Hearing was published on January 3, 2013, Submitting Clrector: Barry Browj_�7� Date:01/07/2013 ,attachments: 1) Ordinance No. 03-2013, 2) Letter from Charles Pindziak. Financial Impact: Cost to prepare, advertise and incorporate the Ordinance into the City Code. Reviewed by_.Finance Director: John McGinnis �. 977 F1, Date: il"71967C� The City Man`g"­e'r__"re"­c__ 6_m- rnen'd—s that City Coun .41 1.he following action(s): Approve Ordinance No. 03-2013 on first reading; send Ordinance back to the P&Z Board to verify intent of screening and landscaping language; adopt Ordinance with revisions upon second reading in February. ARp����naaer: David L. Greene Date: City Council Action-[ Approved as Recommended Disapproved [ Approved with Modifications f I Tabled to Time Certain ORDINANCE NO. 03-2013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CAPE CANAVERAL CODE OF ORDINANCES RELATED TO COMMERCIAL PARKING FACILITIES IN THE AIA ECONOMIC OPPORTUNITY OVERLAY DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the 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, on July 17, 2012, the City Council adopted Ordinance No. 11-2012, which established the A 1 A Economic Opportunity Overlay District ("EOOD") to promote hospitality related commercial development capitalizing on the Port of Canaveral; to provide guidance and direction in the design of new buildings and rehabilitation of existing buildings and storefronts in order to improve their appearance; to enhance the A 1 A corridor's identity; and to promote a pedestrian -friendly environment; and WHEREAS, the City Council desires to amend the use matrix for the EOOD to allow commercial parking facilities as a permitted use in the City's M-1 Light Industrial and Research and Development District; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of City of Cape Canaveral Ordinance No. 03-2013 Page I of 4 this Ordinance): CHAPTER 110. ZONING ARTICLE X. AIA ECONOMIC OPPORTUNITY OVERLY DISTRICT DIVISION 2. ADMINISTRATION Sec. 110-609. - Use matrix. The AIA Economic Opportunity Overlay District is intended to serve as both the main gateway area into the city as well as the main street to the city's proposed Town Center. The district will have the most intense commercial intensity along A 1 A and there will be a transition between the land use, circulation, and streetscape along Central Boulevard. The following land use matrix (Table 1) identifies the uses which are permitted by right (P), permitted by a special exception (SE), or not allowed (NA). Table 1— Land use matrix. *Uses (not a complete listing) C-1 C-2 M-1 Retail P P 'P Personal Services P P 'SE Hotels and Motels P 'P 'SE Banks P P 'SE Assisted Living Facility SE 'SE NA Pharmacies P P NA 'Flex space (office, showroom, warehouse) SE SE P 'Convenience store w/gas SE SE P 'High tech / light manufacturing SE P P 'Warehousing NA SE P City of Cape Canaveral Ordinance No. 03-2013 Page 2 of 4 'Off-site cruise ship parking accessory to hotels and motels SE SE SE Commercial Parking Facility (minimum lot size of 5 acres) NA NA fiE !p 'Port of Call Facility [Permitted pursuant to a Development Agreement (DA)] P (w/DA) P (w/DA) P (w/DA) 'Attraction and Destination uses PD PD PD 'Mixed Use Development uses (i.e. Town Center) PD PD PD 'Added Use 'Use included to clarify intent of code !Subject to specific screening requirements set forth in section 110-690 of this Code 'Uses not specifically listed may be approved as a Planned Development (PD) DIVISION 6. LANDSCAPING Sec. 110-690. - Reserved. Required screening for commercial parking facilities. Commercial parking facilities shall be screened from public view by either walls or fences. In determining what constitutes public view, city staff shall consider the adjacent public rights-of- way and the uses of properties in the immediate vicinity. Further, the commercial parking facility shall include a perimeter landscape buffer at least five feet (5') wide consistent with the following: fal Opaque walls and fences shall be continuously landscaped along the outside perimeter with shrubs and trees with minimal gaps or breaks in between plantings. Chain link fencing or other non-opaque walls or fences shall be continuously landscaped along the outside perimeter with shrubs, plus one (1)10 -point tree, as defined by section 110-567, every 35 feet in order to provide an opaque screen. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the City of Cape Canaveral Ordinance No. 03-2013 Page 3 of 4 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 72013. Rocky Randels, Mayor ATTEST: For Against John Bond ANGELA APPERSON, City Clerk Bob Hoog Buzz Petsos Rocky Randels Betty Walsh First Legal Ad Published: First Reading: Second Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 03-2013 Page 4 of 4 Charles W. Pindziak 112 E. Central Boulevard Cape Canaveral, Florida 32920 August 20, 2012 Mayor, City Council and City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 To Whom It May Concern: (� AUG 2 0 2012 d 7 ,1: The City Council of Cape Canaveral has indicated that they prefer a separate Commercial Parking Zone that is not adjacent to the Astronaut/AIA corridor!. As a result, the Commercial Parking Zone has been placed in its own area, the M1 area of the A1A Economic Opportunity Overlay District in which the parking will be more than 500 feet from the highway and will not be visible. In the last City Council meeting of July 17, 2012, Barry Brown, the City Planner, did not want to grant a permitted use for parking in this area, only by Special Exception (SE). His rationalization was to have a buffer zone between the parking area and the adjacent property. But the city codes already address the buffer zone between M1 zoning and adjacent properties, namely. Section 110-566 and 110- 567 which represent 2 pages of landscaping and screening between M1 zoning and adjacent areas. This is redundant Placing a Special Exception (SE) on these properties creates an obstacle, a hurdle and an annoyance together with a financial hardship on the property owners. To many, a Special Exception is equivalent to "we don't want you to do what you are permitted to do with your property but if you do what we want, we will give you a permit." This Special Exception (SE) designation for the Commercial Parking in the M1 Overlay District adversely affects the marketability of the properties and creates financial hardships and unnecessary redundancy in the application of the development process. I request a review of this matter and a change to Permitted Use (P) rather than Special Exception (SE) for Commercial Parking in the A1A Economic Opportunity Overlay District Very truly yours Charles W. Pindziak City of Cape Canaveral City Council Agenda Form City Council Meeting Date.- 01/15/2013 Item No. 4 Subject: Resolution No. 2013-01; adopting a revised Investment Policy pursuant to Section 218.415, Florida Statutes; providing for the repeal of prior inconsistent resolutions and written Investment Policies, severability; and an effective date. Department: Financial Services Summary: Pursuant to Section 218.415, Florida Statutes, investment activity of a municipality must be consistent with a written Investment Policy adopted by the City Council or be conducted in accordance with the alternative investment guidelines set forth in Section 218.415(17), Florida Statutes, The City Council previously elected to adopt a written Investment Policy by Resolution No. 2001-24 and City Staff invests the City's Public Funds in accordance with that written Policy. The City's current Investment Policy was last amended in 2002 by Resolution No. 2002-25. The Florida Legislature has amended Section 218,415, Florida Statutes, several times since the City last updated its Investment Policy. Section 218.415(22), Florida Statutes, requires the City's Auditor to report, as part of the Annual Audit, whether or not the City has complied with Section 218.415. Based on this review, the City's Auditor previously noted that although the City's Investments complied with the requirements of Section 218.415, the City's Investment Policy does not include all of the enumerated requirements set forth in that Section. Therefore, the City's Auditor recommended that the City Council update the City's Investment Policy. The City Council is now required to update its Investment Policy if it desires to continue to maintain a written Investment Policy for the City. Otherwise, the City's investments will be limited to only the alternative investment guidelines set forth in Section 218.415(17), Florida Statutes, which generally limits investments in Intergovernmental Investment Pools, high credit quality Money Market Funds, interest-bearing time deposits or savings accounts and direct obligations of the U.S. Treasury. City Staff recommends that the City Council continue its past practice of adopting a written Investment Policy for the City and not rely solely on the alternative investment guidelines in Section 218.415. This will give the City Council more flexibility, control and oversight over the City's Investments. Therefore, consistent with Section 218.415, City Staff has prepared a revised written Investment Policy for the City Council's consideration. The proposed Investment Policy is structured to place the highest priority on the safety of principal and liquidity of the City's Funds, The optimization of investment returns shall be secondary to the requirements for safety and liquidity. The Policy shall apply to Funds under the control of the City in excess of those required to meet current expenses. In addition, City Staff believes that the proposed policies are commensurate with the nature and size of the Public Funds within the City's custody. Submitting, Department Director: John McGinnis Date: 0 Attachments: Resolution No. 2013-01 Investment Policy (Attachment #1 to Resolution 2013-01) Financial Impact: Approximately $800 to prepare Investment Policy. Reviewed by Finance Director: John McGinnisW, 'ey��O 7" Date: or The City Manager recommend's that City Council t#e' thefollowing acti6n'(s'): Adopt Resolution No. 2013-01. Approved by City Manager: David L. Greene Date: 13 City Council Action: Approved as Recommended Disapproved Approved with Modifications Tabled to Time Certain RESOLUTION 2013-01 A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING A REVISED INVESTMENT POLICY PURSUANT TO SECTION 218.415, FLORIDA STATUTES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS AND WRITTEN INVESTMENT POLICIES, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the 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, pursuant to Section 218.415, Florida Statutes, investment activity of a municipality must be consistent with a written Investment Policy adopted by the City Council or be conducted in accordance with the alternative investment guidelines set forth in Section 218.415(17), Florida Statutes; and WHEREAS, the City is authorized to adopt a written Investment Policy pursuant to Section 218.415, Florida Statues; and WHEREAS, the City Council has historically elected to adopt a written Investment Policy by Resolution 2001-24 for the City consistent with Florida law rather than rely on the alternative investment guidelines in the Florida Statutes; and WHEREAS, the City Council last amended the existing written Investment Policy in 2002 by Resolution 2002-25; and WHEREAS, the Florida Legislature has amended Section 218.415, Florida Statutes several times since the City last updated its Investment Policy; and WHEREAS, Section 218.415(22), Florida Statutes requires the City's Auditor to report, as part of the Annual Audit, whether or not the City has complied with Section 218.415; and WHEREAS, the City's Auditor has reported that although the City's investments complied with the requirements of Section 218.415, the City's Investment Policy does not include all of the enumerated requirements set forth in Section 218.415; and WHEREAS, based on their Report, the City's Auditor has recommended that the City Council update the City's Investment Policy; and WHEREAS, City staff has recommended that the City Council continue its past practice of adopting a written Investment Policy for the City and not rely solely on the alternative investment guidelines in Section 218.415; and. City of Cape Canaveral, FL Resolution No. 2013-01 Page 2 of 3 WHEREAS, based on the Auditor's Report and City staff's recommendation, the City Council hereby finds that it is in the City's best interests to update the City's written Investment Policy in order to afford the City flexibility, oversight and control over the investment of City Funds; WHEREAS, the City Council also hereby finds that the Investment Policy adopted pursuant to this Resolution is consistent with Section 218.415, Florida Statutes, and is structured to place the highest priority on the safety of principal and liquidity of the City's Funds and that the optimization of investment returns shall be secondary to the requirements for safety and liquidity; and WHEREAS, it is the intent of the Investment Policy adopted hereunder to apply to Funds under the control of the City in excess of those required to meet current expenses; and WHEREAS, it is the intent and purpose of the Investment Policy adopted hereunder to promote sound financial policies and practices that are commensurate with the nature and size of the Public Funds within the City's custody; and WHEREAS, the City Council of Cape Canaveral deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as Legislative Findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Revised Investment Policy The City Council hereby adopts the revised Investment Policy which is attached hereto as Attachment #1 and fully incorporated herein by this reference. Section 3. Repeal of Prior Inconsistent Resolutions and Investment Policies All prior inconsistent resolutions adopted by the City Council, or parts of prior Ordinances and 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 a court of competent jurisdiction, whether for substantive, procedural, or any other reason such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. City of Cape Canaveral, FL Resolution No. 2013-01 Page 3 of 3 Section 5. Effective Date This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral. ADOPTED by the City of Cape Canaveral, Florida, this 15th day of January, 2013. ATTEST: Rocky Randels, MAYOR Name For Against Angela Apperson, Assistant City John Bond Manager/City Clerk Bob Hoog Buzz Petsos Approved as to Form: Rocky Randels Betty Walsh Anthony A. Garganese, City Attorney Resolution 2013-01 Attachment #1 INVESTMENT POLICY City of Cane Canaveral, FLORIDA I. PURPOSE The purpose of this policy is to set forth the investment objectives and parameters for the management of public funds of the City of Cape Canaveral, Florida (hereinafter "City"). These policies are designed to ensure the prudent management of Public Funds, the availability of operating and capital funds when needed and a satisfactory investment return. This Policy is adopted to implement Section 218.415, Florida Statutes. U. SCOPE In accordance with Section 218.415, Florida Statutes, this Investment Policy applies to the investment of public funds in excess of the amounts needed to meet current expenses, which includes cash and investment balances of the City's Funds. This policy does not apply to the investment of principal, interest, reserve, construction, capitalized interest, redemption or escrow accounts created by Ordinance or Resolution pursuant to the issuance of bonds where the investments are held by an authorized depository. III. INVESTMENT OBJECTIVES Safety of Principal The foremost objective of this Investment Policy is the safety of the principal of invested funds. Investment transactions shall seek to keep capital losses to a minimum, whether they are from securities defaults or erosion of market value. Maintenance of Liquidity The second highest priority is liquidity of Funds. The portfolios shall be managed in such a manner that Funds are available to be liquidated to meet reasonably anticipated cash flow requirements in an orderly manner. Return on Investment The third highest priority is income. Investments shall be undertaken with the objective of attaining a satisfactory rate of return, taking into account investment risk constraints and liquidity needs. Return on investment is of the least importance compared to the safety and liquidity objectives described above. Investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. IV. DELEGATION OF AUTHORITY The responsibility for providing oversight and direction in regard to the management of the investment program resides with the Investment Committee. The Investment Committee shall be established consisting of the City Manager, Assistant City Manager and Finance Director. The Investment Committee shall meet periodically to review the City's investment strategy. The management responsibility for all City funds and investment transactions is delegated to the City Manager. The Finance Director shall establish written procedures for the operation of the Investment Program and a system of internal accounting and administrative controls to regulate the activities of employees. V. STANDARDS OF PRUDENCE The standard of prudence to be used shall be the "Prudent Person" standard and shall be applied in the context of managing the overall Investment Program. The Investment Committee acting in accordance with written procedures and this Investment Policy and exercising due diligence shall be relieved of any personal responsibility for an individual security's credit risk or market price changes. The Prudent Person standard is as follows: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived from the investment." VI. ETHICS AND CONFLICTS OF INTEREST The City's staff involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the Investment Program, or which could impair their ability to make impartial investment decisions. Also, employees involved in the investment process shall disclose to the City any material financial interests in financial institutions that conduct business with the City, and they shall further disclose any material personal financial/investment positions that could be related to the performance of the City's Investment Program. VII. INTERNAL CONTROLS AND INVESTMENT PROCEDURES The Finance Director shall establish and maintain a written system of internal controls and operational procedures. The system of internal controls shall be periodically reviewed no less than once every three (3) years or whenever comments regarding the controls are submitted to the City by Auditors. The review should be conducted by the Investment Committee to assure proper functioning of the controls. The internal controls should be designed to prevent losses of funds, which might arise from fraud, employee error, and misrepresentation by third parties, or imprudent actions by employees. 2 No person may engage in an investment transaction except as authorized under the terms of this Policy. Independent Auditors, as a normal part of the Annual Audit of the City, shall conduct a review of the system of internal controls to ensure compliance with policies and procedures. VIII. MATURITY AND LIQUIDITY REQUIREMENTS To the extent possible, an attempt will be made to match investment maturities with known cash needs and anticipated cash flow requirements. Investment maturities shall not exceed five (5) years. IX. AUTHORIZED INVESTMENTS AND PORTFOLIO COMPOSITION Investments should be made subject to the cash flow needs and such cash flows are subject to revisions as market conditions and the City's needs change. However, when the invested Funds are needed in whole or in part for the purpose originally intended or for more optimal investments, the City Manager may sell the investment at the then - prevailing market price and place the proceeds into the proper account. The following are the investment requirements and allocation limits on security types, issuers, and maturities, as established by the City. The Investment Committee shall have the option to further restrict investment percentages from time to time based on market conditions, risk and diversification investment strategies. The percentage allocation requirements for investment types and issuers are calculated based on the market value of each investment. A. The Florida Local Government Surplus Funds Trust Fund and the Florida State Treasury's Special Purpose Investment Account. 1. Purchase Authorization Invest in the Florida Local Government Surplus Funds Trust Fund and the Florida State Treasury's Special Purpose Investment Account. 2. Portfolio Composition A maximum of 100% of available funds may be invested in the Florida Local Government Surplus Funds Trust Fund and the Florida State Treasury's Special Purpose Investment Account. 3 B. Direct Obligations of the United States Treasury 1. Purchase Authorization Invest in Negotiable Direct Obligations or obligations the principal and interest of which are unconditionally guaranteed by the United States Government. Such securities will include, but not be limited to the following: Treasury Bills Treasury Notes Treasury Bonds 2. Portfolio Composition A maximum of 100% of available funds may be invested in the United States Government Securities. 3. Maturity Limitations The maximum length to maturity of any direct investment in the United States Government Securities is five (5) years from the date of purchase; provided, always, that no such investment shall be made without providing sufficient liquidity of funds to pay City obligations as they may become due. C. Interest Bearing Time Deposit or Saving Accounts 1. Purchase Authorization Invest in non-negotiable interest bearing Certificates of Deposit or savings accounts in banks organized under the laws of this State and/or in National Banks organized under the laws of the United States and doing business and situated in the State of Florida, provided that any such deposits are secured by the Florida Security for Public Deposits Act, Chapter 280, Florida Statutes. Additionally, the full amount of principal and accrued interest of each such Certificate of Deposit shall be insured by the Federal Deposit Insurance Corporation. 2. Portfolio Composition A maximum of 100% of available funds may be invested in non-negotiable interest bearing time deposits or savings accounts. 3. Limits on Individual Issuers A maximum of 100% of available funds may be deposited with any one issuer. 4 4. Maturity Limitations The maximum maturity on any Certificate shall be no greater than five (5) years from the date of purchase. The maximum maturity on any Certificate shall be no greater than five (5) years from the date of purchase; provided, always, that no such investment shall be made without providing sufficient liquidity of funds to pay City obligations as they may become due. D. Registered Investment Companies (Money Market Mutual Funds) 1. Investment Authorization Invest in shares of open-end or no-load Money Market Mutual Funds provided such Funds are registered under the Federal Investment Company Act of 1940 and operate in accordance with 17 C.F.R. § 270.2a-7, which stipulates that Money Market Funds must have an average weighted maturity of 90 days or less. The prospectus of such Funds must indicate that the share value shall not fluctuate. The Funds must be registered with the Securities and Exchange Commission registered Money Market Funds and have the highest credit quality rating from a nationally recognized rating agency. 2. Portfolio Composition A maximum of 100% of available funds may be invested in Money Market Funds. 3. Limits of Individual Issuers A maximum of 100% of available funds may be invested with any one Money Market Fund. 4. Rating Requirements The Money Market Funds shall be rated "AAm" or "AAm-G" or better by Standard & Poor's, or the equivalent by another rating agency. 5. Due Diligence Requirements A thorough investigation of any Money Market Fund is required prior to investing, and on a continual basis. A current prospectus must be obtained. E. Intergovernmental Investment Pool 1. Investment Authorization 5 Intergovernmental Investment Pools that are authorized pursuant to the Florida Interlocal Cooperation Act, as provided in Section 163.01, Florida Statutes. 2. Portfolio Composition A maximum of 100% of available funds may be invested in intergovernmental investment pools. 3. Due Diligence Requirements A thorough investigation of any pool fund is required prior to investing. A current prospectus must be obtained. X. DERIVATIVES AND REVERSE REPURCHASE AGREEMENTS Investments in any derivative products or the use of reverse repurchase agreements are not permitted. A "derivative" is defined as a financial instrument the value of which depends on, or is derived from, the value of one or more underlying assets or indices or asset values. XI. REPORTING The Finance Director shall provide a minimum of a quarterly Investment Report as a part of the Finance Report including the listing of holdings in the portfolio at cost and estimated value to the City Manager. This report will then be forwarded to the City Council. XII. THIRD -PARTY CUSTODIAL AGREEMENTS All securities, with the exception of Certificates of Deposits, shall be held with a third party custodian; and all securities purchased by the City should be properly designated as an asset of the City. The securities must be held in an account separate from the assets of the Financial Institution. A "third party custodian" is defined as "any bank depository chartered by the Federal Government, the State of Florida, or any other state or territory of the United States which has a branch or principal place of business in the State of Florida all as defined in Section 658.12, Florida Statutes, or by a national association organized and existing under the laws of the United States which is authorized to accept and execute trusts and which is doing business in the State of Florida." Certificates of Deposits maintained at the issuing bank shall clearly identify the City as the owner. The City Manager shall execute on behalf of the City, third party custodial agreement(s) with its bank(s) and depository institution(s). Such agreements may include letters of authority from the City, details as to the responsibilities of each party, method of notification of security purchases, sales, delivery, procedures related to wire transfers, safekeeping and transaction costs, procedures in case of wire failure or other unforeseen mishaps, describing the liability of each party. The custodian shall accept transaction instructions only from those persons who have been duly authorized by the City and which authorization has been provided, in writing, to the custodian. No withdrawal of securities, in whole or in part, shall be permitted unless by such a duly authorized person. The custodian shall provide the Finance Director with safekeeping receipts that provide detail information on the securities held by the custodian. KA811IW" *1Yu1D►Uli0]11C�`i.� The Investment Committee shall review the Policy annually and make revisions as warranted. XIV. PREEMPTION Any provision of any special act, Municipal Charter, or other law which prohibits or restricts a Local Governmental Entity from complying with this section or any rules adopted under this section is void to the extent of the conflict. 7 City of Cape Canaveral City Council Form Agenda MeetingCity Council 1 Item No. _...� .......... ___--. ---------- Subject: Commercial parking and code -related parking surface requirements. Department: Community and Economic Development Summary: At the December 18, 2012 City Council meeting, resident Joyce Hamilton....... asked asked if the present or proposed Ordinance establishes setbacks for parking and/or cruise parking as 400 feet back from A1A and Central Avenue. A lengthy discussion ensued and included the Fort of Call Development Agreement approved at the December 18, 2012 City Council Meeting, the requirements of the Economic Opportunity Overlay District; proposed regulations related to the storage of recreational vehicles within 400 feet of A1A; the requirement for paved parking areas; whether the use of asphalt millings qualifies as paved parking or meets the definition of macadam; whether individual businesses have been treated with equality; whether a workshop or special meeting was needed to further discuss these issues; whether an outside entity is needed to look at the entire issue to see of there has been favoritism; and placing an item on the January Meeting for further discussion so all issues can be heard. Consensus was reached to move on with the meeting. Submittinc Department Director- Todd Morley / t � ... gate: January 8, 2018 Attachment: response to issues raised during the Ifecember 18, 2012 City Council meeting. Financial Impact: Staff time to research and prepare response. Reviewed by Finance Director: John McGJ99Js?/'11 Date: I The City Manager recomnnends that City Coun rI take the following action(s): Review response; discuss as deemed appropriate. ,��p_roved by City Manager . David L. Greene + Date: City Council Action: [ Approved as recommended [ ] Disapproved C j Approvedwith Modifications Tabled to Time Certain RESPONSE TO ISSUES RAISED DURING THE DECEMBER 18, 2012 COUNCIL MEETING Commercial Parking and Code -related parking surface requirements At the December 18, 2012 City Council meeting Joyce Hamilton asked if the present or proposed Ordinance establishes setbacks for parking and/or cruise parking as 400 feet back from Al and Central Avenue. A lengthy discussion ensued and included the Port of Call Development Agreement approved at the last City Council Meeting, the requirements of the Economic Opportunity Overlay District; proposed regulations related to the storage of recreational vehicles within 400 feet of AIA; the requirement for paved parking areas; whether the use of asphalt millings qualifies as paved parking or meets the definition of macadam; whether individual businesses have been treated with equality; whether a workshop or special meeting was needed to further discuss these issues; whether an outside entity is needed to look at the entire issue to see if there has been favoritism; and placing an item on the January Meeting for further discussion so all issues can be heard. Consensus was reached to move on with the meeting. 1. Chronology of Accessory Parking at Hotels Part A— a. Historically commercial parking has been considered an accessory use to hotels. b. On May 22, 2008 the Code Enforcement Board found Country Inn & Suites in violation of Sections 110-492 Location of Spaces; 110-555 Paving of Vehicular Areas; Sec. 70-71 Engaging in Business Without Paying a Tax; Sec. 110-339 Offstreet Parking and Access; and Sec. 110-446 Application of Performance Standards, for allowing commercial parking on the grass. c. On July 6, 2010, Ordinance No. 6-2010 was proposed to allow for Commercial Parking Facilities in C-1, C-2, & M-1 Zoning Districts as a Special Exception. It was unanimously denied by the City Council. d. On September 22, 2011 Country Inn requested approval to construct the remaining portion of the parking per the site plan approved on May 12, 2004. A permit was issued on September 28, 2011. e. Country Inn requested the use of asphalt millings for a surface for this portion of their parking area. Staff agreed with the condition that the parking surface be upgraded to a finished surface asphalt parking at the time the outparcel is developed. All stormwater retention calculations and SJRWMD permitting requirements were met at the time and the permit was completed on March 14, 2012. 2. Asphalt Millings as a Parking Surface. a. A previous interpretation allowed asphalt millings to be used in lieu of asphalt pavement. An interpretation reversal was made after the issuance of the permit for the Country Inn parking lot. This interpretation reversal was made in recognition of the Ordinance's definition of paving (below), which is limited to 21 specific products. These defined products are widely and generally known to incorporate a "finished surface". Asphalt millings do not have a finished surface. i. Sec. 110-1: Paving may consist of the following materials: macadam, asphalt, tar, cement, concrete, pervious concrete, bricks, tile, pavestone, 1 tilestone, flags, flagstone, flagging, cobblestone, cobbles, curb, kerb, curbstone, kerbstone, edgestone and curbing. All material must be contained by a permanent border and properly maintained. b. During the week of January 7, 2013 Staff contacted a local paving contractor about the difference between Macadam paving and asphalt millings. Staff was instructed that Macadam closely resembles traditional asphalt paving and has a rolled, finished surface. More specifically: traditional asphalt paving contains binders — asphalt cement or hot tar. These binders create an impervious surface when they are heated and compression -rolled in a semi-liquid state. By contrast, asphalt millings (the broken up surface of a finished asphalt paved surface) contain "oxygenated" binders. Once asphalt is broken up into millings the binders have been exposed to the atmosphere with chunks which may or may not adhere to portions of the aggregate composition. When placed as a surface, these millings create, for a time, a pervious material. Over time, heat and cold cycles tend to melt some of the binding material into portions of the aggregate composition. In this state, the material becomes functionally impervious in the view of the SJRWMD. As such the District requires stormwater retention engineering calculations. These oxygenated binders, are less effective than "virgin" binders, and contain a compromised chemical composition affecting their ability to bind. For this reason, many highway department guidelines limit the percentage of recycled binders that can be present in asphalt pavement. Further, Macadam is not widely used in modern paving. It is defined as: single - sized aggregate layers of small stones, with a coating of binder as a cementing agent. Alternatively, compacted subgrade of crushed granite or greenstone designed to support the load, covered by a surface of light stone to absorb wear and tear and shed water to the drainage ditches. In modern macadam construction, crushed stone or gravel is placed on the compacted base course and bound together with asphalt cement or hot tar. A third layer to fill the spaces is then added and rolled. Cement -sand slurry is sometimes used as the binder. In summary, Macadam has a finished surface. 3. Chronology of Accessory Parking at Hotels Part B — In the Spring of 2011, Bob Baugher, owner of the Radisson approached the City about additional commercial parking for the Radisson. Staff determined that only existing paved parking on the hotel site could be used for commercial parking at that time. Parking across S.R. AIA (8600 Astronaut Blvd.) was off-site and not allowed by Code to be used for parking in association with the Radisson. Subsequently in April 2012, Mr. Baugher approached the City about developing a Port of Call facility at 8600 Astronaut Blvd. to include commercial parking in an early phase of the project. It was determined that the proper mechanism would be a Development Agreement. 2 The Economic Opportunity Overlay District was created on July 17, 2012. A Port of Call facility was included as an allowable use subject to a Development Agreement. A Development Agreement for the Port of Call facility at 8600 Astronaut Blvd. was unanimously approved at the November 20, 2012 City Council meeting. This Agreement authorizes a $20 Million improvement intended to transform one of our older vacant buildings into a thriving hub of activity. It supports the goals of the CRA and the Brownfields Program and was made in recognition of the need to plan for orderly growth and development; to attract tourism; the Owner's desire to enhance the Property during redevelopment by improving the existing older building and beautifying the property consistent with the standards and requirements of the City's A 1 A Economic Opportunity Overlay District; the City determined that the proposed redevelopment of the Property is consistent with and furthers the City's goals of encouraging and creating tourism, and creating attractive, functional and lasting buildings and places; and the proposed redevelopment of the Property will add substantial value to the City's ad valorem tax base and enhance and protect the commercial corridor and primary entrance to the City of Cape Canaveral. 4. History of Yogi's request and Storage of RV's. Trailers and Trailerable Items March 19, 2012 — Property owner, Mr. Yogeshkumar Patel (Yogi) received a fence permit to enclose the rear yard portion of his property at 6870 N. Atlantic Ave. This permit pre -dates the application for a Special Exception for the "Commercial Establishment for the Storage or Parking of Recreational Vehicles, Trailers and Trailerable Items." May 10, 2012 — Application submitted and fee paid for Special Exception for "Commercial Establishment for the Storage or Parking of Recreational Vehicles, Trailers and Trailerable Items" per section 110-334(c)(11). June 27, 2012 - P&Z meeting — issues identified and addressed: screening, access, whether or not to pave parking area. Screening — 8 ft. fence between residential property to the east and 6 ft. fence around remaining perimeter. Access — provide a minimum 45 ft. driveway from Johnson Avenue. Paving — Code calls for parking area to be paved per Section 110-555. Paving of vehicular use areas. "All commercial and industrial areas used for the display or parking of any and all types of vehicles, boats or heavy construction equipment and all land upon which vehicles traverse the property as a function of the primary use, including but not limited to drives, parking, service and display areas, shall be paved." P&Z recommended approval of the SE with conditions. Condition #7 — Storage area shall be paved and stormwater retention provided. John Kabboord, representative for Yogi Patel, agreed to the Board's recommended conditions. July 26, 2012 — Board of Adjustment meeting to make final decision on SE and Variance for fence setback. BOA approved Special Exception with same conditions and approved 3 fence variance as requested. Condition #7 — the entire area shall be paved and thus, stormwater control be engineered to meet Code. August 21, 2012 — The City Council discussed City Code Sec. 110-334(c)(11), entitled: "Commercial Establishment for the Storage or Parking of Recreational Vehicles, Trailers and Trailerable Items". Council discussed the appropriateness of locating such establishments along SR AlA. By consensus, Council requested Planning & Zoning Board study the issue and return a recommendation to the City Council. August 22, 2012 — After discussion of the issue, the P&Z Board directed staff to prepare an ordinance prohibiting such establishments in the C-1 District within 400 ft. of the entire SR AIA roadway as well as all of Central Boulevard; and to change "Outside Storage" from a Special Exception to a Principal Use in the M-1 Industrial Zoning District. October 24, 2012 — P&Z Board reviewed a draft Ordinance and recommended that the 400 ft. setback from the identified roadways apply to the C-2 Zoning District as well. Specific buffering and landscape requirements for this use were also discussed. The Board directed Staff to bring a revised Ordinance back for further consideration. December 12, 2012, P&Z Board determined that the 400 ft. setback left only a few possible locations in C-1 and C-2 for RV storage on AIA and Central. The Board also did not want RV Storage located along North Atlantic Avenue and, therefore, recommended prohibiting RV Storage in all of the C-1 and C-2 Zoning Districts outright, rather than calling for a 400 ft. setback. In addition, the Board recommended changing "Outside Storage" from a Special Exception to a Principal Use in M-1. 5. History of Commercial Parking Facility and Pindziak Request June 4, 2012 - P&Z Board recommended approval of the AIA Economic Opportunity Overlay District with Commercial Parking Facility listed as a Special Exception. This use was listed as a SE in order to identify specific screening and landscaping needs at time the parking facility develops. July 17, 2012 — Council adopts Ord. No. 11-2012 creating the A 1 A Economic Opportunity Overlay District which allows for a Commercial Parking Facility. Prior to the adoption of the AIA Economic Opportunity Overlay District, Commercial Parking Facilities were not allowed in the City. With the adoption of the Overlay, Commercial Parking Facilities became a Special Exception Use in the M-1 Zoning portion of the Overlay District. At the meeting, Mr. Charles Pindziak requested that Commercial Parking Facility be listed as a Principal Use, but Council adopted the Ordinance as drafted. 4 August 20, 2012 - Mr. Charles Pindziak drafted a letter requesting that a Commercial Parking Facility be changed from a Special Exception to a Principal Use. October 24, 2012 - The Planning and Zoning Board discussed the request and directed Staff to draft an ordinance making Commercial Parking Facility a Principal Use and provide screening and landscape requirements specific to this use. December 12, 2012 - P&Z Board reviewed the proposed Ordinance and recommended approval. Summary: There is a historical "right" to have commercial parking as an accessory use to any hotel. Our Code intends for all parking surfaces to have a finished surface. Asphalt millings do not have a finished surface. By adoption: of the overlay, a commercial parking facility was allowed pursuant to an approved Special Exception. Additionally, a Port of Call facility, to include commercial parking, is allowable pursuant to a Development Agreement. Yogi's Special Exception Request and Ord. No. 02-2013 — "Commercial Establishment for the Storage or Parking of Recreational Vehicles, Trailers and Tiailerable Items" per section 110-334(c)(11)" has no bearing on Commercial Parking, the Pot of Call Development Agreement or development options which are available on Mr. Pindziak's property. At any time after adoption of the overlay, Mr. Pindziak has had tine ability to apply for a Special Exception for a Commercial Parking Facility. 5