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CITY OF SATELLITE BEACH

CITY COUNCIL SEPTEMBER 5, 2018

REGULAR MEETING 7:00 P.M.

CITY OF SATELLITE BEACH, FLORIDA

565 CASSIA BOULEVARD 32937-3116 (321) 773-4407 (321) 779-1388 FAX

AGENDA

CITY COUNCIL REGULAR MEETING

SATELLITE BEACH COUNCIL CHAMBER 565 CASSIA BOULEVARD, SATELLITE BEACH, FL 32937

SEPTEMBER 5, 2018 7:00 P.M.

1. CALL TO ORDER BY MAYOR CATINO

Posted: 08/31 / 18

INCORPORATED 1 957

2. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE LED BY COUNCILWOMAN GIBSON

3. PRESENTATION OF PROCLAMATIONS: • RECOGNIZING SEPTEMBER 11, 2018, AS "PATRIOT DAY AND A NATIONAL DAY

OF SERVICE AND REMEMBRANCE" • RECOGNIZING SEPTEMBER 8-16, 2018, AS "NATIONAL DRIVE ELECTRIC WEEK" • RECOGNIZING SEPTEMBER 17-23, 2018, AS "CONSTITUTION WEEK"

4. CITIZEN COMMENTS

5. CITY COUNCIL COMMENTS

6. CITY ATTORNEY REPORT

7. CITY MANAGER REPORT

8. DISCUSS/TAKE ACTION ON DEVELOPMENT AGREEMENT WITH DOUBLES HOAGIES, INC., FOR THE CRA PROPERTY LOCATED AT 1604 AND 1612 HIGHWAY A1A

9. DISCUSS/TAKE ACTION ON HEALTH INSURANCE CHANGES FOR CITY EMPLOYEES FOR FISCAL YEAR 2018/2019

10. DISCUSS/TAKE ACTION ON 2018 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM - FLORIDA JAG DIRECT

Pursuant to Section 286-0105, FSS, if an individual decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, a verbatim transcript of the proceedings may be required and the individual may need to ensure that a verbatim transcript of the proceedings is made. In accordance with the Americans with Disabilities Act and Section 286.26, FSS. Persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk's office.

COUNCIL AGENDA SEPTEMBER 5, 2018

11. PUBLIC HEARING:

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DISCUSS/TAKE ACTION ON ORDINANCE NO. 1163, AN ORDINANCE OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, AMENDING ORDINANCE NOS. 1005 AND 1017 ALLOWING A CONDITIONAL USE FOR A CONGREGATE LIVING FACILITY FOR PROPERTY LOCATED AT 500/510, 520/522 AND 530/532 LEE AVENUE AND 505/515, 517/525 AND 527/535 JACKSON AVENUE; DESCRIBED AS EAU GALLIE SHORES, LOTS 14-21, 24 AND 25, BLOCK 20; ZONED RM-1, BY INCREASING THE NUMBER OF AUTHORIZED RESIDENTS FOR THREE OF THE BUILDINGS, ELIMINATING THE NONASSIGNABILITY LIMITATION/LIMITATION ON CHANGE IN OWNERSHIP; ELIMINATING LIMITATION ON ALLOWING RESIDENTS WITH MENTAL DEFICITS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE (SECOND READING)

12. DISCUSS/TAKE ACTION ON RESOLUTION NO. 1006, A RESOLUTION OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, IMPOSING AN ANNUAL STORMWATER UTILITY ASSESSMENT FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018, AGAINST ALL REAL PROPERTY WITHIN THE CITY LIMITS OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA; PROVIDING FOR CLASSIFICATIONS OF PROPERTY; PROVIDING FOR CERTIFICATION OF ANNUAL STORMWATER UTILITY ASSESSMENT ROLL; PROVIDING AN EFFECTIVE DATE

13. DISCUSS/TAKE ACTION ON RESOLUTION NO. 1007, A RESOLUTION OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, CONCERNING THE PERSISTENCE AND PROLIFERATION OF PERFLUOROALKYL AND POLYFLUOROALKYL COMPOUNDS (PFAS) IN THE ENVIRONMENT AND IN THE HUMAN BODY; THE RECENT TESTING RESULTS DEMONSTRATING CONCENTRATIONS OF THESE COMPOUNDS IN THE GROUNDWATER IN FEDERAL, COUNTY, AND CITY JURISDISCTIONS; THE LACK OF STATE REGULATORY GUIDANCE AND FUNDING TO ADDRESS THESE COMPOUNDS; REQUESTING STATE ASSISTANCE; AND PROVIDING AN EFFECTIVE DATE

14. FISCAL YEAR 2018/2019 BUDGET:

A. PUBLIC HEARING ON PROPOSED FISCAL YEAR 2018/2019 BUDGET

B. ORDINANCE NO. 1164, AN ORDINANCE OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, ADOPTING THE FINAL LEVYING OF AD VALOREM TAXES BY ESTABLISHING AN OPERATING MILLAGE RATE OF 8.8212 MILLS FOR FISCAL YEAR 2018/2019; PROVIDING AN EFFECTIVE DATE (FIRST READING)

C. ORDINANCE NO. 1165, AN ORDINANCE OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, ADOPTING FISCAL YEAR 2018/2019 BUDGET; PROVIDING AN EFFECTIVE DATE (FIRST READING)

15. DISCUSS/TAKE ACTION ON ORDINANCE NO. 1166, AN ORDINANCE OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 34, "MOTOR VEHICLES AND TRAFFIC" BY ADDING A NEW ARTICLE IV, ENTITLED "LOW SPEED VEHICLES"; PROVIDING FOR DEFINITIONS; PROVIDING FOR OPERATION OF LOW SPEED VEHICLES ON CERTAIN ROADS WITHIN THE CITY;



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PROHIBITING OPERATION OF LOW SPEED VEHICLES ON CERTAIN ROADS WITHIN THE CITY; PROVIDING FOR WAIVER; PROVIDING FOR INSPECTION, ANNUAL LICENSING AND REQUIRED EQUIPMENT FOR OPERATION OF LOW SPEED VEHICLES WITHIN THE CITY; PROVIDING FOR REGISTRATION AND ISSUANCE AND DISPLAY OF DECAL; PROVIDING FOR INSURANCE REQUIREMENTS; PROVIDING PARKING REGULATIONS; PROHIBITIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE (FIRST READING)

16. DISCUSS/TAKE ACTION ON AUTHORIZING THE TEMPORARY USE OF STABILIZATION RESERVE FUNDS AND A PROPOSAL WITH TD BANK FOR A LINE OF CREDIT

17. AGENDA ITEMS FOR NEXT REGULAR COUNCIL MEETING

18. APPOINTMENT TO BOARDS

19. ADOPTION OF MINUTES: JULY 25, 2018, SPECIAL MEETING AUGUST 1, 2018, WORKSHOP MEETING AUGUST 1, 2018, REGULAR MEETING AUGUST 8, 2018, ETHICS TRAINING MEETING


WHEREAS, September 11, 2018, marks the 1 7'11 year anniversary of an unprovoked and senseless act of terrorism on our homeland. Four civilian aircraft were hijacked on September 11, 2001 , and crashed in New York City, Pennsylvania and the Pentagon; and

WHEREAS, We will always remember the innocent lives of U.S. citizens of all heritages as well as visiting citizens of foreign nations perished as a result of those horrendous attacks meant to terrorize our Nation; and

WHEREAS, We remember the sacrifice of our civilian and military first responders who rushed into darkness to carry others from danger, we honor their bravery and courage for their quick and selfless actions; and ·

WHEREAS, On this somber day, we remind all those who wish our Nation harm that we stand united, as one Nation under God, vigilant in our fight against terror, and determined to continue as a beacon of hope and freedom for people everywhere; and

WHEREAS, The indomitable spirit of the American people will not tire, will not falter, and will not fail in fighting for the safety and security of our homeland; and

WHEREAS, Congress has approved and requests that we observe September 11 as "Patriot Day and A National Day of Service and Remembrance."

NOW, THEREFORE; I, Frank P. Catino, Mayor of the City of Satellite Beach, Brevard County, Florida, do hereby proclaim September 11, 2018, as:

"Patriot Day and A National Day of Service and Remembrance"

and I encourage our community to join in honoring and remembering the victims of September 11, 2001, and to pay tribute to the many heroes who protect and defend our Great Nation, and to the Police and Firefighters who keep our community safe.

IN WITNESS WHEREOF, I have signed this proclamation and caused the seal of the City of Satellite Beach to be affixed this 5th day of September, 2018.

Frank P. Catino, Mayor

WHEREAS, The City of Satellite Beach is dedicated to being a leader in the use of clean energy, establishing policies and programs that conserve energy and contribute to the transportation transformation; and

WHEREAS, Petroleum-fueled vehicles are responsible for over 40% of our greenhouse gas emissions and contribute to air pollution, threatening the health of our citizens and the sustainability of our planet; and

WHEREAS, The imbalance between gasoline resources and worldwide demand is escalating gasoline prices to levels that overburden commerce, hurt economic growth and cause hardship to our citizens; and

WHEREAS, Supporting clean energy technology for a means of transportation, by using plug-in electric vehicles, will reduce our dependence on foreign fuels, and support a healthy environment and economy; and

WHEREAS, September 8-16, 2018 has been designated National Drive Electric Week throughout the United States to educate citizens about the benefits of plugin electric vehicles and promote their adoption; and

WHEREAS, National Drive Electric Week supports the shift to plug-in vehicles powered by clean, affordable, domestic electricity to reduce dependence on petroleum and improve the global environment; and

WHEREAS, National Drive Electric Week leaders work through grassroots activism, education and outreach to accelerate the global shift to all electric and plugin hybrid electric vehicles; and

WHEREAS, Sierra Club, Plug-In America, the Electric Auto Association and the Space Coast EV Drivers Club represent the drivers and supporters of plug-ins, including motorcycles, passenger cars and trucks, shown to be cleaner than the cleanest gasoline or natural gas cars; and

WHEREAS, On September 15, 2018, from 10 AM - 4 PM, the City of Satellite Beach will co-sponsor the third National Drive Electric Week 'Ride and Drive' event at the David R Schechter Community Center.

NOW, THEREFORE, I, Frank P. Catino, Mayor of the City of Satellite Beach, Brevard County, Florida, in recognition of this event do hereby proclaim September 8-16, 2018 as

NATIONAL DRIVE ELECTRIC WEEK

and call upon all residents of this great City to join me in supporting the aims and goals of this worthwhile effort.



WHEREAS, Our Founding Fathers, in order to secure the blessings of liberty for themselves and their posterity, did ordain and establish a Constitution of the United States of America; and

WHEREAS, It is of the greatest importance that all citizens fully understand the provisions and principles contained in the Constitution in order to support it, preserve it, and defend it against encroachment; and

WHEREAS, The 231 st anniversary of the signing of the Constitution provides an historic opportunity for all Americans to learn about, and recall achievements of, our Founders and to reflect on the rights and privileges of citizenship, as well as its attendant responsibilities; and

WHEREAS, The independence guaranteed to the American people by the Constitution should be celebrated September 17 - 23, 2018, as designated by proclamation of the President of the United States of America in accordance with Public Law 915; and

WHEREAS, The Rufus Fairbanks Chapter, National Society Daughters of the American Revolution, encourages the citizens of the City of Satellite Beach to read and get to know the Constitution of the United States of America.

NOW, THEREFORE, I, Frank P. Catino, Mayor of the City of Satellite Beach; Brevard County, Florida, do hereby proclaim the week of September 17 - 23, 2018, as:

in the City of Satellite Beach and urge all citizens to reflect during that week on the many benefits of our Federal Constitution and the privileges and responsibilities of American citizenship.



City Manager's Report

To:

From:

Mayor and City Council Members

City Manager Courtney Barker, AICP

Meeting Date: 9/5/2018

On Saturday, September 15, the Florida Coastal Cleanup Sponsored by the Ocean Conservancy and Keep Brevard Beautiful will take place at Pelican Beach Park from 8:00 a.m.-12:00 p.m. Trash bags, gloves, data cards, pencils and sunscreen will be provided. Volunteers should bring drinking water. FREET-Shirts while supplies last. For more information, call Sarah Hall at Keep Brevard Beautiful {321} 631-0501 x 210.

On Saturday, September 15 at the David R. Schechter Community Center from 9:00 a.m.-6:00 p.m. the National Drive Electric Week Event will take place. This is a nationwide celebration to heighten awareness of today's widespread availability of plug-in vehicles and highlight the benefits of all-electric and plug-in hybrid-electric cars and trucks.

Informational Items:

1. I received a thank you email from the Brevard Zoo for the Recreation Department's help with the Restore Our Shores event {see attachment.}

2. I received a thank you card from the Smith family for the flowers sent to Jack Smith's funeral {see attachment.}

3. I received a thank you letter from Marietta Restivo thanking the Fire Department staff for all they do for the community {see attachment.}

4. I was asked at the recent Florida League of Cities conference to be a part of the State Emergency Response Commission {see attachment.}

5. I received a letter and donation from Robert Becker thanking the Fire and Rescue staff for rapid response and service {see attachment.}

6. Chief Pearson would like to present Sergeant Eric Bell and Communications Officer Shaun Warburton with Certificates of Appreciation before City Council for their development of a webbased portal that enhances patrol efficiency. Sergeant Bell and Comm. Officer Warburton developed a web-based portal that allows officers to access all sorts of needed/required information in one location. This portal reduces officer time at the station, allowing officers to access information from the field {see attachment}.

7. The Fire Department recently applied for three non-matching grants. I apologize that these did

not come before you in advance of our application. The grant opportunities are as follows:

City Manager's Report Page 2 City Council 9/5/18 Meeting

a. Florida Firefighter Assistance Grant: Applied for $153,402.64 in non-matching funds. If awarded, these funds would be used to purchase replacement equipment including bunker coats/pants, helmets, self-contained breathing apparatus masks, and air pack bottles for our career and volunteer firefighters. Award notifications will be received later this year and expenditures would occur in 2019.

b. Surfing's Evolution & Preservation Foundation: Applied for $3,500 in water rescue safety gear. Firefighter employees Darron Pelecki and Nick Walsh wrote the grant proposal on behalf of the department. The City was notified on August 28, 2018 that we have been awarded this grant.

c. Ashley Furniture Mattress Grant: Applied for $3,000 to replace the mattresses in the Fire Station. No match is required, but as a condition of the grant, the Fire Department personnel would agree to deliver mattresses (provided by Ashley Furniture) to less fortunate children and families who are in need. We do not believe this to be a longterm engagement nor result in any cost to the City. An award decision on this grant is expected at the end of September.

Action Items:

1. I am requesting authorization from the Council to support the East Central Florida Regional Planning Council and Volusia County in an application for an FDEP Resilience Grant. The grant application seeks funding to develop a framework for the development and implementation of a regional resilience collaborative. I am reviewing the application and request your authorization to either join in this no match grant as an applicant, or to come back to you with a resolution of support for your consideration.

Leonor Olexa

From: Cassie Warthen Sent: To: Subject:

Thursday, August 16, 2018 3:24 PM Courtney Barker; Suzanne Sherman FW: A word of thanks to the City

Just passing along a thank you note we received from the Brevard Zoo for use of our facility for their oyster project ...

From: Katey Leban [mailto:[email protected]] Sent: Monday, August 13, 2018 1:35 PM To: Nicole LaRoche Cc: Ashley Rearden; Jake Zehnder Subject: Re: Oyster Gardening collection event on August 11th

Hi Nicole-

I wanted to thank you again for allowing the Restore Our Shores team to set-up an "Oyster Homecoming" event this past Saturday at the Schechter Center. 26 oyster gardeners returned their beloved bivalves during the event, and the ROS team ended up sorting 10,675 live oysters into mesh bags for placement onto an upcoming brand new reef site. Even with a sudden Florida thunderstorm, our oyster gardeners, event volunteers and staff really enjoyed the event and can't wait to build forever homes for these awesome filter feeders in the Indian River Lagoon.

We cannot thank you and the rest of the Schechter Center staff enough for all your help and support; it is because of caring citizens, like yourself, that we push to make our mission to help return the lagoon to its former glory a reality. I'm looking forward to heading back to the Schechter Center for our final Oyster

Gardening training workshop of the year on August 22nd. @

Have a wonderful day!

Sincerely-

Katey Leban Oyster Gardening Coordinator

Brevard Zoo 8225 N. Wickham Road Melbourne, FL 32940 321.254.9453 X [376]

www.BrevardZoo.org www.Restoreourshores.org

1

From: Nicole LaRoche <[email protected]> Sent: Tuesday, August 7, 2018 2:38 PM To: Katey Leban Subject: RE: Oyster Gardening collection event on August 11th

Ok, I'm sorry I was confused lol.

You are very welcome, we hope you have a successful event on Saturday!

Best regards,

s~ s ~v ~ Coor~

Fl.ori..d,,.., Nofv.,+ry Pv.,/;,{,i,c,, City of Satellite Beach Recreation Department 1089 S Patrick Dr Satellite Beach FL 32937 Office: 321.773.6458 Fax: 321. 777 .5207 visit our website at www.satellitebeachrecreation.org

8~1!1 ~~-1.!J~~ ... ~

PLEASE NOTE: Under Florida law, most communications to and from the City are public records. Your e-mails, including your e-mail address may be subject to public disclosure.

Check out our Farmers rvlarket @ Pelican Beach Park every 1525 HWY AlA Satellite FL 32937

From: Katey Leban [mailto:[email protected] Sent: Tuesday, August 07, 2018 2:35 PM To: Nicole LaRoche Cc: Kate Brown Subject: Re: Oyster Gardening collection event on August 11th

Hi Nicole-

from

The Restore Our Shores event scheduled for August 22nd is actually another Oyster Gardening training

workshop. The Oyster Mats project was deactivated from the Brevard Zoo's lagoon restoration program in

2016; although the mats were a tremendous outreach tool and very helpful to the restoration of Volusia

County reefs, unfortunately the mats don't function as well in Brevard County's section of the lagoon.

Thank you so much for checking in, and we're really looking forward to holding another new oyster gardening

training opportunity at the Schechter Center. In addition, all is looking good for Saturday's oyster collection

event and thank you again for allowing our team to set-up a working area in the parking lot. Please feel free to reach out if you need any additional details leading up to either event. Have a wonderful day!

Sincerely-

Katey Leban 2

Oyster Gardening Coordinator


wvvw.BrevardZoo.org www.Restoreourshores.org

From: Nicole LaRoche <[email protected]> Sent: Tuesday, August 7, 2018 2:24 PM To: Katey Leban; Kate Brown Subject: RE: Oyster Gardening collection event on August 11th

Good afternoon,

I just wanted to touch base and make sure you are still having the Oyster Mat Workshop at the DRS Community Center on August 22nd? I was looking on your website and it stated that the oyster mat workshops are unavailable until October.

Thank you!

S ~ E ~V ~ Co-or~

FLo-ri.,d.o., Nofo.-vy P~ City of Satellite Beach Recreation Department 1089 S Patrick Dr Satellite Beach FL 32.937 Office: 32.1. 773.6458 Fax: 32.1.777.52.07 visit our website at www.satellitebeachrecreation.org

PLEASE NOTE: Under Florida law, most communications to and from the City are public records. Your e-mails, including your e-mail address may be subject to public disclosure.

Check out our Farmers: Market@ Pelican Beach Park every

1525 HWY AlA FL 32937

From: Katey Leban [mailto:[email protected] Sent: Tuesday, July 31, 2018 11:48 AM To: Nicole LaRoche Cc: Kate Brown; Jake Zehnder; Ashley Rearden Subject: Oyster Gardening collection event on August 11th

Hi Nicole-

from

3

Thank you for letting the Restore Our Shores team utilize some of the Schechter Center parking spaces for volunteers on Saturday, August 11th! I forgot to mention during our phone call just now, but when we hold an Oyster Gardening collection event there tends to be a fair amount of debris {dirt, barnacles, runaway crabs) that comes from the gardeners' habitats. The team always brings several tarps to cover the ground and deposit oysters on top of, but would you prefer us to set-up in the grassy area on the northern end of the parking lot? If you would prefer us to set-up in the actual parking lot, we will do our best to clean all leftover traces of oysters from the area.

The Oyster Gardening collection event will last from 9:00 AM to 3:00 PM on August 11th, and the team will make sure to have signage leading gardeners to the correct drop-off area, so that the center's parking lot doesn't become overwhelmed with wandering volunteers.

Please feel free to let me know your preferences. Thank you again for all your support of the Brevard Zoo's Restore Our Shores program and its Oyster Gardening project- it means the world to us! Have a wonderful day!

Sincerely-

Katey Leban Oyster Gardening Coordinator


www.BrevardZoo.org www.Restoreourshores.org

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August 21, 2018

Interim Fire Chief David Abernathy 1390 S. Patrick Drive Satellite Beach, Fl 32937

RE: My sincerest thanks to the best Fire Department around

Dear Chief Abernathy:

Recently, I had a medical condition that required my blood pressure to be monitored closely. I went to the Fire Dept and had it checked and the reading there indicated that it was relatively high. Since I did not have a blood pressure cuff at home, I asked if someone from the Fire Department could check it once a day at my home.

EMT/Paramedic Eric Tippins was the first to come to my house and while my friend, Linda Harlow was there to drop off a new blood pressure machine she had purchased, Eric made sure it was working properly and my vitals were in check.

Each day, thereafter, someone from the Fire Department, Community Medic Program (Eric, Jay and other members of this great team) came to the house to take my vitals which was comforting and helped ease my stress level which was clearly elevated.

Although my readings had fluctuated but were within a safe zone during this time, on Friday, 3 August, I greeted Jay as he came in for a routine check with .... "I am very ill". He immediately took my pressure which was in the danger zone and immediately called Lead Community Medic, Ms. Melanie Drake to get me to Urgent Care (my choice) which she did. I feel the quick action of Jay perhaps saved me from a crisis situation and the comfort of Melanie by my side calmed me down and the good news was that I didn't have to end up in the hospital.

From the bottom of my heart, I ask that you please acknowledge and forward a copy of this letter to Jay Dragon, Melanie Drake, Eric Tippins and all the fabulous members of the very best Medical/Response team around for their caring attitude, professionalism and medical expertise. We are very fortunate to have such an awesome program in our community.

I have been a Satellite Beach Police Department Volunteer for twenty-one years now and am so very proud to serve in this paradise we call Satellite Beach, FL. It is evident that as I believe in "Paying it forward" clearly so does everyone else who works for the city especially your staff.

With love and thanks to all.

Yours truly,

Marietta Restivo 175 Florence Street Satellite Beach, Fl 3293 7

Leonor Olexa

From: Sent:

Leon, Sebastian <[email protected]> Tuesday, August 21, 2018 9:28 AM

To: Leon, Sebastian

Subject: FW: Gov. Scott Appoints Six to State Emergency Response Commission

Good Morning,

Please see below.

Thanks,

Sebastian Leon Executive Office of the Governor Office of Executive Appointments (850) 717-9259 I Sebastian.Leon(a),eog.myflorida.com

From: Governor's Press Office

Sent: Monday, August 20, 2018 5:42 PM Subject: Gov. Scott Appoints Six to State Emergency Response Commission

FOR IMMEDIATE RELEASE August 20, 2018

CONTACT: GOVERNOR'S PRESS OFFICE (850) 717-9282

[email protected]

Gov. Scott Appoints Six to State Emergency Response Commission

TALLAHASSEE, Fla. - Today, Governor Rick Scott announced six appointments to the State Emergency Response Commission.

Courtney Drummond, 49, of Havana is a Chief Engineer for the Florida Department of Transportation. He fills a vacant seat and is appointed for a term beginning August 20, 2018, and ending at the pleasure of the Governor.

Steve McCoy, 43, of Tallahassee is an Emergency Medical Services Administrator for the Department of Health. He fills a vacant seat and is appointed for a term beginning August 20, 2018, and ending at the pleasure of the Governor.

1

Courtney Barker, 45, of Satellite Beach is the City Manager. She fills a vacant seat and is appointed for a term beginning August 20, 2018, and ending at the pleasure of the Governor.

Amanda Bowen, 32, of Tallahassee is the Executive Director of the Manufacturers Association of Florida. She fills a vacant seat and is appointed for a term beginning August 20, 2018, and ending at the pleasure of the Governor.

Greg Blose, II, 38, of Tallahassee is the Board of Governors Program Director for the Florida Chamber of Commerce. He fills a vacant seat and is appointed for a term beginning August 20, 2018, and ending at the pleasure of the Governor.

Robert "Bob" Burleson, 69, of Tallahassee is the President of the Florida Transportation Builders' Association. He fills a vacant seat and is appointed for a term beginning August 20, 2018, and ending at the pleasure of the Governor.

###

2

CDR Robert E. Becker, Jr. USN (Ret)

405 Coach Road

Chief Don Hughes

Satellite Beach Fire Department

13 90 South Patrick Drive

Satellite Beach, FL 3293 7

Dear Chief Hughes,

Satellite Beach, FL 32937

14 August 2018

During the day of Friday, 27 July, I had the need to call 911 for my wife. She had a heart atrack back on 4 July and was experiencing a discomfort sensation that she felt was another heart attack. Your Fire and Rescue personnel responded within a matter of minutes and took the necessary steps to learn what her problem was. After several tests they called for transportation to Holmes with the Brevard Fire & Rescue personnel responding and transporting her to the ER at Holmes.

Thankfully it was not another heart attack and after all sorts of tests she returned home.

I am enclosing a little somethink to be used as you see fit to Thank your personnel for their quick and professional service rendered to my call.

As a SB Police Volunteer for the past eight years I have heard about our wonderful Fire and Rescue personnel but until now have not had the need for their services. On 27 July that need was accomplished! Keep up the great work.

Sincerely yours,

Robert E. Becker, Jr. SBPDV 101

SATELLITE BEACH POLICE 510 ONNAMON DRIVE SATELLITE BEACH, FL 32937-3197

Jeff :M.. (llearson,

Cliief of (l)ofice

To: Chief Jeff Pearson

From: Lieutenant Darren Frost

Date: June 25, 2018

RE: Certificate of Appreciation

Telephone (321) 773-4400 Fax (321) 773-5414

The Police Department is constantly challenging it's employee's to come up with more efficient processes that provide a better quality of services to our residents while reducing expenses. I want to recognize Communications Officer Shaun Warburton and Sergeant Eric Bell for identifying an area to improve on· and then coming up with a comprehensive web portal that will allow better communication, improve efficiency, reduce expenses and ultimately provide better services to our community. Sergeant Bell wanted to create a one stop system that would allow employees to communicate from one platform. Prior systems had officers filling out paper forms to check out equipment, communicate their daily activity, or sending emails to generate work orders to fix equipment, pass along investigative notes and alerts on people they made contact with during their shifts. He solicited help from Communications Officer Shaun Warburton and together came up with a web portal that officers could securely log on to that would allow them to complete these tasks from one place. Warburton took an online class in programming allowing him to use his vast computer knowledge and put together a web based portal. This portal took several months to develop and then was put through a testing period. The finished product was rolled out to employees over the last two department training days. Employees can now log on to the portal, read information to include pictures of suspicious people or activity, check out equipment, request work orders for their patrol vehicles, communicate their patrol activity, look up court dates, check patrol schedules and even access their payroll all from one place. This will allow officers to spend less time in the station and more on the street. It will provide quicker intelligence on whats going on in our community, it will reduce the amount of paper the PD is using and discarding, it will allow officers to access multiple systems from one spot. This portal will reduce costs, allow officers to be more efficient and provide a better service to our community.

!SATELLITE BEACH POLICE DEPARTMENT

CERTIFICATE OF APPRECIATION IN RECOGNITION OF SUPERIOR SERVICE TO OUR COMMUNITY

FOR IDENTIFYING A NEEDED SERVICE BENEFITING THE DEPARTMENT

PRESENTED TO

~ ~

COMMUNICATIONS OFFICER

SHAUN WARBURTON • . .

FOR YOUR COLLABORATED EFFORTS IN INSTITUTING A WEB-BASED

PORTAL THAT ENHANCES PATROL EFFICIENCY AND ULTIMATELY

PROVIDES BETTER SERVICES TO OUR COMMUNITY

JEFF M. PEARSON CHIEF OF POLICE

GIVEN THIS 51H DAY OF SEPTEMBER 2018

COURTNEY BARKER CITY MANAGER

SATELLITE BEACH POLICE DEPARTMENT

CERTIFICATE OF APPRECIATION IN RECOGNITION OF SUPERIOR SERVICE TO OUR COMMUNITY

FOR IDENTIFYING A NEEDED SERVICE BENEFITING THE DEPARTMENT

PRESENTED TO

SERGEANT

ERIC BELL • . .

FOR YOUR COLLABORATED EFFORTS IN INSTITUTING A WEB-BASED

PORTAL THAT ENHANCES PATROL EFFICIENCY AND ULTIMATELY

PROVIDES BETTER SERVICES TO OUR COMMUNITY

.~ C:7:.imM.rEARSON

CHIEF OF POLICE

GIVEN THIS 5TH DAY OF SEPTEMBER 2018

COURTNEY BARKER CITY MANAGER

FDEP Resilience Grant

Title: Developing Regional Resilience Collaboration in East Central Florida

Co-Applicants: ECFRPC and Volusia County

Requesting Volusia County to be lead (Grant Manager)

Timeframe: January 1- June 2019

Total Budget Request to FDEP - $35,000

No Match

Goal of Grant:

Begin the process to develop a framework for the development and implementation of a regional

resilience collaborative. This will expand the current work of the ECFRPC and the Regional Resiliency

Action Plan (RRAP) Steering Committee to the whole of the footprint of the ECFRPC.

The region faces many other aspects associated with resiliency including urban heat island effects,

increased natural disasters, migrating habitats, invasive species, and planning for continued population

growth and relocation. It is essential for the region to plan solutions for these impacts collaboratively,

to learn from each other, and provide the best available technical, analytical, and academic resources to

advance a cohesive regional approach to planning for resilience.

The process to develop the framework would include:

• the establishment of a technical advisory committee and a sub-committee of the ECFRPC board

• a series of roundtable discussions/meetings

• best practice research from similar initiatives across the globe,

• a list of stakeholder affiliations for participation in the collaboration

• a survey for the advisory committee and all the local governments and agencies in the study

area to identify priorities, threats and opportunities as it pertains to resilience in the region

• recommendations for the final framework

• a draft resolution of support.

CITY COUNCIL AGENDA ITEM #8

DISCUSS/TAKE ACTION ON DEVELOPMENT AGREEMENT WITH DOUBLES

HOAGIES, INC., FOR THE CRA PROPERTY LOCATED AT 1604 AND 1612 HIGHWAY

AlA

To:

From:

Meeting Date:

Department:

City Manager Courtney Barker

Building Official John Stone

9/5/2018

Community Development

Recommended Action: Motion to Approve Development Agreement with Doubles Hoagies Inc.

Summary: The Development Agreement (DA} between the Satellite Beach Community Redevelopment Agency (CRA) and Doubles Hoagies Inc. is being presented to the City Council for consideration in light of the requirements contained within the agreement. Enforcement of the provisions and covenants by both parties may fall within the purview 9f City operations and not the CRA and therefore staff and the CRA Attorney are recommending the City be a party to the agreement between the buyer and the CRA. The agreement highlights sustainable development and green business practices such as a maximum 50% impervious lot area, native landscaping, 30% solar within 5 years, no plastic straws or Styrofoam cups, 2 EV charging stations, LED lighting and numerous other sustainable features outlined in the agreement. Additionally, 15 public parking spaces are to be provided up to 6 times per year for City events. The DA has been reviewed by CRA attorney Cliff Shepard's office from both a City and CRA perspective and they have found no objections as presented.

Provisions in the agreement allow for the business to operate a food truck from either their location during construction or from one of two City-owned locations under a lease agreement at $500 per month.

Budget Impacts: If approved, the property will be sold for $600,000. Of the $600,000 sale price, 65% will go toward the City's General Fund in the amount of $390,000 and 35% will go toward Brevard County in the amount of $210,000.

Attachments:

• Development Agreement

CITY MANAGER FORM 001

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2

DEVELOPMENT AGREEMENT

3 THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into 4 this __ day of _____ , 2018 (the "Effective Date"), by and among the SATELLITE 5 BEACH COMMUNITY REDEVELOPMENT AGENCY (the "CRA"), a municipal agency 6 of the City of Satellite Beach, whose address is 565 Cassia Boulevard, Satellite Beach, FL 7 32937, and THE CITY OF SATELLITE BEACH (the "City"), a municipal corporation, 8 whose address is 565 Cassia Boulevard, Satellite Beach, FL 32937, and DOUBLES HOAGIES, 9 INC., a Florida corporation, and/or successors and assigns ("Developer"), whose address is 1896

10 South Patrick Drive, Indian Harbour Beach, FL 32937. Individual signors to this contract may 11 be individually referred to as a "Party," or collectively as the "Parties."

12 RECITALS:

13 WHEREAS, Developer desires to redevelop certain lands located within the AlA 14 Corridor on the southwest corner of State Road AlA and DeSoto Parkway, in Brevard County, 15 Florida, and within the corporate limits of the City of Satellite Beach, Florida, said lands being 16 more particularly described in Exhibit "A" attached hereto and by this reference made a part 17 hereof (the "Property");

18 WHEREAS, the City founded the CRA to alleviate blight and redevelop along the AlA 19 corridor; and

20 WHEREAS, the City has duly adopted and amended a Redevelopment Plan for the area 21 governed by the CRA ("Redevelopment Plan"); and

22 WHEREAS, the Redevelopment Plan's goals include attracting private redevelopment 23 projects within the Community Redevelopment District ("District") to enhance the tax base and 24 increase the taxable value of properties throughout the City; and

25 WHEREAS, the City's Comprehensive Plan (the "Comprehensive Plan") provides that 26 future developments must conform to its Conservation Element Goals; and

27 WHEREAS, the Comprehensive Plan provides for promotion of the use of renewable 28 energy resources in all new construction; and

29 WHEREAS, the Property currently stands vacant and undeveloped; and

30 WHEREAS, the Property is located within the District; and

31 WHEREAS, the CRA approved a contract for sale of these lands to Developer on July 3, 32 2018 (the "Sales Contract") after a properly noticed hearing; and

33 WHEREAS, the CRA conditioned the sale on its approval of a Conceptual Site Plan and 34 Developers Agreement for the Property; and

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35 WHEREAS, Developer proposed and intends to construct the "Doubles Restaurant" (the 36 "Project"), consisting of a restaurant and a public parking lot, as described in its Conceptual Site 37 Plan ("Conceptual Site Plan") attached hereto as Exhibit "B" and made a part hereof, as same 3 8 may hereafter be modified in accordance with this Agreement; and

39 WHEREAS, the Project is expected to aesthetically enhance the currently vacant 40 Property, which sits on a major intersection; and

41 WHEREAS, the Project is expected to increase the tax value of the currently vacant and 42 undeveloped property; and

43 WHEREAS, the Project is expected to include barrier island and lagoon-friendly 44 landscaping, with rainwater collection and storage for irrigation; and

45 WHEREAS, the Project will provide for renewable energy features such as a 46 photovoltaic array reducing utility power consumption by 30% within 5 years by utilizing onsite 4 7 solar panels; and

48 WHEREAS, on ____ , the CRA approved of the Project's Conceptual Site Plan 49 ("Conceptual Site Plan"); and

50 WHEREAS, on September 5th, 2017, Developer's predecessor secured a setback 51 variance necessary for the viability of the Conceptual Site Plan; and

52 WHEREAS, Developer agrees to develop the Project upon the Property in accordance 53 with and subject to the terms of this Agreement for the uses substantially as depicted in the 54 Conceptual Site Plans to include: (i) a parking lot with at least 15 spaces to be available as 55 public parking during high volume City events up to 6 times per year in addition to the spaces 56 required by the City Code of Satellite Beach (the "Code"); (ii) renewable energy features; (iii) 57 lagoon-friendly landscaping; (iv) a restaurant structure and operation adhering to Green Business 58 Principles; (v) onsite bioswales and rainwater collection systems; and (vi) all other 59 improvements associated with the Project, all of which shall constitute the "Development 60 Improvements" as defined and more fully described below; and

61 WHEREAS, Developer agrees to develop and complete the Project in a timely manner; 62 and

63 WHEREAS, Developer agrees to provide the City no less than fifteen (15) on-site public 64 parking spaces in perpetuity through a parking agreement; and

65 WHEREAS, § 163 .3167, Florida Statutes, provides that each local government is 66 encouraged to articulate its vision for the future physical appearance and qualities of its 67 community in its Comprehensive Plan; and

68 WHEREAS, §§163.358, 163.370 and 163.380, Florida Statutes, provide that each 69 community redevelopment agency is empowered to convey property within its area when the 70 agency determines it is in the public interest; and

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71 WHEREAS, §§163.380, Florida Statutes, provides that in its conveyance of property a 72 community redevelopment agency may place such covenants, conditions and restrictions as it 73 deems necessary and desirable for redevelopment; and

74 WHEREAS, the City and CRA desire to enable the Project and its promised green 75 energy principles by providing parking and staging area options for a mobile food vending unit 76 ("Food Truck") to be operated by Developer during the construction of the Project; and

77 WHEREAS, the City confirms that its obligations under this Agreement are consistent 78 with and an exercise of the City's powers under the Municipal Horne Rule Powers Act; Article 79 VIII, Section 2(b) of the Constitution of the State of Florida; Chapter 166, Florida Statutes; all 80 City rules; other controlling law; and the City's police powers, and is a non-statutory Agreement 81 that is not subject to or enacted pursuant to the provisions of Sections 163.3220-163.3243, 82 Florida Statutes; and

83 WHEREAS, the Florida Legislature has recognized that high-density development is 84 integral to the success of many urban infill and redevelopment projects and that high-density 85 urban infill and redevelopment is to be encouraged; and

86 WHEREAS, CRA desires to encourage private sector redevelopment and is willing to 87 enter into this Agreement to provide for, implement and encourage a quality development of the 88 Property that: (i) is consistent with the Comprehensive Plan, and (ii) implements the goals set 89 forth in the Redevelopment Plan and the Comprehensive Plan; and

90 WHEREAS, the CRA duly scheduled, advertised and held a public hearing on 91 ________ , 2018, to consider this Agreement, and heard all persons desiring to speak for 92 or against this Agreement; and

93 WHEREAS, the CRA duly considered the remarks and comments offered regarding the 94 Agreement made at said public hearings; and

95 WHEREAS, the CRA finds Developer has made the reqms1te showing under the 96 Comprehensive and Redevelopment Plans for the approval of the Project and to receive the 97 incentives and approvals set forth herein; and

98 WHEREAS, the CRA, pursuant to such approval, desires to enter into this Agreement to 99 provide the citizens of City a quality development in the form of the Project; and

100 WHEREAS, Developer hereby affirms and acknowledges that everything contracted for, 101 negotiated, acknowledged and affirmed herein by Developer is done freely and voluntarily in 102 exchange for the Property and other considerations contained herein.

103 NOW THEREFORE, in consideration of the mutual covenants and agreements 104 contained herein, and other good and valuable considerations, the receipt and sufficiency of 105 which are hereby acknowledged, the parties hereto agree as follows:

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106 1. Incorporation of Recitals. Each and all of the foregoing recitals are declared to be true 107 and correct and are incorporated herein by this reference. Developer and CRA shall hereinafter 108 collectively be referred to as the "Parties."

109 2. CRA Findings. The CRA finds that Developer's proposed Conceptual Site Plan satisfies 110 the City's Comprehensive and Redevelopment plans. Specifically, the CRA finds that (i) the 111 Project constitutes an approved use within the commercially zoned district; (ii) Developer's 112 predecessor has already applied for and secured a necessary setback variance; (iii) the Project is 113 consistent with the Architectural Design Standards established within Section 30-422 of Code, 114 and (iv) the proposed design would address many of the goals of the Redevelopment Plan.

115 3. Objectives of Agreement. The Parties' objectives, each of which is deemed material to 116 the Parties' decision to enter into this Agreement, include but are not limited to the following:

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118 119

120 121 122

123 124 125

126 127 128 129

130 131 132 133 134

135 136

137 138

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(a)

(b)

CRA Objectives-

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2.

3.

4.

5.

6.

7.

To ensure that development proceeds in substantial compliance with the approved Conceptual Site Plan in both use and design; and

To ensure that any project changes be for engineering impediments only, and that Developer makes no changes to the public uses of the property; and

To ensure that Developer provides to the City a specific number of on-site public parking spaces for special events, numbering no less than 15, in perpetuity through a parking agreement; and

To ensure that development of the Project proceeds and is completed in a timely manner, and to provide for liquidated damages in the event of an unexcused delay in obtaining a Certificate of Occupancy ("C.O.") for the Project; and

To ensure that these restrictions run with the Property so as to preclude development or redevelopment that deviates from the approved plan approval for a period of five (5) years following the date of the final C.O. issued for the Project, unless otherwise approved by the CRA Executive Director or designee; and

To ensure that Developer, as a condition precedent to the conveyance of the Property, provides proof of adequate funding; and

To ensure that Developer institutes green energy principles m the operation of the Project.

Developer's Objectives -

1. To obtain the Property from the CRA at a below-market price; and

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141 142 143

144 145

146

147 148

149

(c)

2.

3.

To secure penmss10n from the City to utilize certain City and CRA properties as defined herein as mobile food vending staging areas during the construction of the Project; and

To provide for the operation of a Food Truck on the Property during construction of the Project.

City's Objectives -

1.

2.

To enable the development of the Project as contemplated herein through a property use agreement for the operation of a Food Truck; and

To process applications for development as provided under the Code.

150 The Parties intend that their respective objectives will be accomplished as set forth 151 herein.

152 4. Condition Precedent to Property Conveyance. In addition to any existing 153 contingencies and conditions precedent to close, the Sales Contract shall be amended to reflect 154 the following:

155 (a) The Property shall be conveyed subject to a deed restriction providing that the 156 Property may never be used as an automobile fuel station. This restriction may be enforced via 157 an action for an injunction or any other available method.

158 (b) As a condition precedent to closing the final conveyance of the Property, 159 Developer shall provide proof of the availability of funding for the proposed development prior 160 to closing the transaction conveying the property, which may be accomplished through:

161 162 163

164

165 166 167

168 169 170 171

1.

2.

3.

4.

A binding commitment from a bank or private lender showing it is willing to offer a loan of at least $1,500,000.00, less any amount of cash Developer shows it has available on hand; or

Proof that Developer has $1,500,000.00 in cash on hand; or

A binding commitment from a bank or private lender indicating they have specifically evaluated the Conceptual Site Plan and are willing to fund the entirety of the Project; or

Proof of binding private investment commitments totaling $1,500,000.00, less any amount of cash Developer shows it has available on hand, and less any amount for which a bank or private lender has written a binding commitment.

1 72 ( c) This Agreement or a memorandum thereof shall be recorded prior to the closing 173 of the Sales contract, including the recording of any document associated with the Sales contract.

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174 In the event of a termination or cancellation of the Sales Contract for failure to satisfy any 175 of these conditions precedent to close, Developer shall be entitled to the return of any deposits 176 already paid towards the transaction. If, prior to t4e final conveyance of the Property, the Sales 177 Contract is terminated or abandoned for any reason, the entirety of this Agreement shall 178 terminate with it and have no further force or effect.

179 5. Project. In accordance with the terms and conditions of this Agreement, the Developer 180 represents and warrants to the CRA that it will expeditiously develop the Project on the Property, 181 at Developer's expense (except as set forth herein below), as a Restaurant project consistent and 182 compatible with the Comprehensive Plan, Redevelopment Plan, Code and Architectural 183 Guidelines. Subject to issuance of site plan approval for the Project and the Property by the City, 184 the Developer represents and warrants that the Project will be developed consistent with the 185 conceptual site plans attached hereto and incorporated herein.

186 (a) Conceptual Site Plan Deviation. Developer may substantially deviate from the 187 Conceptual Site Plan to another purpose as authorized by the Code, Comprehensive Plan and 188 Redevelopment Plan, only when (1) an engineering impediment renders that portion of the 189 Conceptual Site Plan impossible or impracticable, and (2) the CRA Executive Director or her 190 designee permits the deviation in writing.

191 Notwithstanding the provision above, the Property may never be developed to include an 192 automobile fuel station as described by Section 30-416( c )(1) of the Code. This restriction shall 193 run with the Property in perpetuity and does not expire as described in Section 14 of this 194 Agreement.

195 (b) Green Business Principles. The Project shall adhere to the following Green 196 Business Principle requirements, as they may affect the various stages of development of the 197 Project:

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3.

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6.

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8.

9.

50% impervious surfaces;

Onsite stormwater retention;

Onsite bioswales;

Xeriscaping;

No fertilizer use;

No category 1 invasive species, as defined by the Florida Exotic Pest Plant Council;

At least two onsite native fruiting trees;

At least two electric vehicle charging stations installed in the parking lot;

LED lighting (interior and exterior);

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27.

Smart building management (HVAC/lighting/water usage);

Low flow fixtures;

Waterless or low-flow urinals;

Bike rack, longboard, surf rack;

Easy pedestrian access;

Onsite recycling (used oils, materials);

Dark Skies certified property lighting;

Sea turtle-friendly lighting;

Reduced parking space footprint;

White roof (high reflectance);

Cigarette butt recycling receptacles;

Natural lighting usage;

Bio-based/biodegradable/recyclable plastic container usage;

No Styrofoam usage;

No single use plastic usage unless biodegradable/recyclable;

Take the Marine Resources Counsel Green Business Pledge;

Be a part of the Keep Brevard Beautiful Litter Quitter Program;

Be a part of the Surfrider Ocean Friendly Restaurant Program.

226 Developer may temporarily cease adhering to any of the Green Business Principles listed 227 above to the extent Developer is unable to adhere to the specific principle due to supply chain 228 disruption. Developer shall make a good faith effort to resume adhering to the Principle as soon 229 as possible and must resume adhering to the principle within ninety (90) days.

230 Due to the inability to calculate damages for violation of this subsection, any remedy for 231 Default under this subsection shall include specific performance in addition to any other remedy 232 available at law and under this Agreement.

233 (c) Solar Power. Within five years of the Effective Date, Developer shall install 234 sufficient solar panels on the Property such that a minimum of 30% of the power used by the 235 Project derives from said panels. Due to the impossibility of determining environmental and 236 other damages to the City due to the continued usage of non-solar power, if the Project fails to

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23 7 utilize on-site solar panels for at least 30% of its power usage by the final month of the fifth year 238 following the Effective Date, Developer shall be liable for liquidated damages of $1,000.00 per 23 9 percentage point of non-solar power utilized in excess of 70%.

240 (d) Food Truck Operation. Until the issuance of a C.O. for the Project, Developer 241 may deviate from the Conceptual Site Plan by operating a Food Truck on the Property. 242 Developer may not operate the Food Truck during the construction of the Project except pursuant 243 to a plan of operation approved by the CRA Executive Director or designee. Such plan must 244 establish that the Food Truck will operate in a manner that ensures the safety of the public, will 245 provide sufficient on-site queueing, and will provide sufficient off-street parking. The CRA 246 Executive Director or designee shall have sole discretion regarding whether a plan of operation 24 7 satisfies this subsection. Developer shall secure all permits, licenses, and approvals necessary to 248 lawfully operate a Food Truck within City limits, and shall operate in compliance with the Green 249 Business Principles 15, 20, and 22-27 of this Section.

250 6. Development Review for Subject Property. Developer shall provide all information on 251 the Property necessary for the site plan review as required by the Code. Nothing in this 252 Agreement waives or otherwise alters the standard restrictions and review processes for 253 development under the City's Code.

254 7. Development of Subject Property.

255 Developer Obligations as to the Project. Developer shall design, permit and construct, 256 at its own cost and expense, all Development Improvements related to the Project.

257 (a) Developer shall furnish to City for its review and approval Developer's proposed 258 Final Site Plan for the Project, consistent with the City's Administrative Site Plan review process 259 under Section 30 of the Code.

260 (b) At all points, the Development Improvements shall be constructed in accordance 261 with the conceptual and final site plans approved by City through its standard administrative site 262 plan review process, and shall also be consistent with the Comprehensive Plan, Redevelopment 263 Plans, Architectural Guidelines and other applicable City ordinances and regulations.

264 ( c) Developer shall furnish to the CRA all information required to establish the 265 conditions precedent to the conveyance of the Property, as described in Section 4 of this 266 Agreement.

267 (d) Developer shall inform the CRA of any known or anticipated engineering 268 impediments that may require a deviation from the conceptual and final site plans within forty-269 eight ( 48) hours of discovery.

270 8. Development Progress Deadlines. Developer is expected to take all reasonable 271 measures to effectuate the timely progress of the Project. Developer, warranting expedient 272 development, agrees to the following deadlines and remedies:

273 (a) Pre-Construction deadlines.

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274 275

276 277

278 279 280 281 282 283 284 285 286 287 288 289 290

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292 293 294

295 296 297 298 299 300 301 302 303

(b)

1.

2.

3.

Developer shall obtain all required permits, from the City or any other government entity, within four (4) months of the Effective Date.

Developer shall begin vertical construction within (7) months of the Effective Date.

In the event Developer fails to meet the deadlines described above without permission in writing from the CRA Executive Director or his or her designee, in addition to any other remedy available under the law and this Agreement for default, the CRA shall have the option to repurchase the Property for $600,000.00 at any time prior to commencement of vertical construction on the Property. Should the CRA exercise that option by noticing Developer of its intent to repurchase, Developer shall promptly execute and deliver any documentation requested by the CRA to evidence the transaction to the CRA. The CRA's completion of the repurchase shall act as a termination of the remainder of this Agreement, including any liquidated damages provisions. Any construction commenced after the CRA has notified Developer of its intent to exercise the option does not defeat the effectiveness of the notice.

Completion deadline.

1.

2.

The Project, as described in its final site plan and including any changes allowed under this Agreement, must be completed and certified for occupancy within thirteen (13) months of the Effective Date.

Due to the impossibility of determining the damages to the City from the continuing inactivity of a parcel of land with great economic potential, in the event Developer fails to meet the deadline described above without permission in writing from the CRA Executive Director or his or her designee, in addition to any other remedy available under the law and this Agreement for default, Developer shall be liable for liquidated damages in the amount of $500.00 per day. Such damages shall constitute a contractual lien on the Property until paid should the CRA prevail in an action for breach of this Agreement.

304 ( c) Default. Should Developer establish, through evidence submitted to the CRA 305 Executive Director or designee, that it attempted in good faith but failed to meet a deadline due 306 to a delay caused by a permitting authority, Developer shall be entitled to one automatic ninety 307 (90) day extension of the deadlines within this section. An attempt will be considered to be in 308 good faith if Developer applied for the requisite permit(s) at least two weeks prior to the deadline 309 and included all required documentation within the application(s). Developer may only request 310 this extension once.

311 9. Parking Agreement. To ensure that the public retains reasonable access to parking along 312 the A 1 A Corridor during special events, Developer, in consideration of the mutual covenants and 313 considerations contained within the Agreement, agrees to set aside, maintain and provide for

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314 publicly available parking as described herein. This Section ("Parking Agreement") shall run 315 with the Property in perpetuity and shall not expire as described in Section 14 of this Agreement.

316 (a) Developer, in addition to the parking spaces required under the Code for the 317 Project's use, shall provide no less than fifteen (15) openly accessible public parking spaces 318 ("public spaces"). Developer may deviate from the Conceptual and Final site plans in amount 319 and layout of the spaces with the written permission of the CRA Executive Director or his or her 320 designee, which consent shall not be unreasonably withheld, but at no time may the number of 321 public spaces be reduced to below fifteen (15). These spaces shall be available to the public up 322 to six (6) times per year during high volume City events. Whether an event is a "high volume 323 City event" shall be at the sole discretion of the CRA Executive Director or his or her designee. 324 The City shall provide at least thirty (30) days' notice prior to a high volume City event for 325 which the public spaces shall be required.

326 (b) Developer must make the public spaces available to the public at or before the 327 date of either (1) the issuance of the final C.O. for the Project, or (2) eighteen (18) months 328 following the Effective Date, whichever comes earlier.

329 (c) Developer shall provide for the maintenance of the public spaces as well as the 330 access to the public spaces, and must maintain the public spaces in the same manner as the other 331 spaces associated with the Property. Developer shall not be responsible for indemnifying the City 3 3 2 or CRA from or against any suit, claim, damage, loss, or liability arising due to a person parking 333 on the Property pursuant to this Parking Agreement unless the the claim arises from the 334 maintenance of the Property, the operation of the Project, or Developer's sole negligence.

335 (d) Developer may not limit parking duration in the public spaces, except Developer 336 has the right to tow abandoned vehicles as described in Chapter 26, Article III of the Code and 337 Florida Statutes§ 705.103.

338 (e) Developer may not charge the public for the use of the public spaces, or otherwise 339 require a validation from any entity on the Property.

340 Due to the irreplaceable nature of the Property's location, any remedy for Default under 341 this section shall include specific performance in addition to any other remedy available at law 342 and under this Agreement.

343 After five (5) calendar years have passed since the issuance of the final C.O. for the 344 Project, Developer may purchase a release of this Parking Agreement from the CRA for fifty 345 thousand dollars ($50,000), increasing 2% each calendar year following the termination of the 346 Agreement. Developer shall pay any transaction and recording costs associated with this 34 7 purchase.

348 10. Temporary Use of City and CRA Property. In the City's capacity as holder of fee 349 simple title to the land located 1089 South Patrick Drive, Satellite Beach, FL 3293 7 comprising 350 the David R. Schecter Community Center (hereinafter "Community Center"), and in the CRA's 351 capacity as holder of fee simple title to the land located at 73 Sunrise Avenue, Satellite Beach, FL 352 32937 comprising the Michael P. Crotty Park (hereinafter "Park")(collectively the "Municipal 353 Properties"), the City shall grant permission to Developer to utilize the parking lot located at the

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354 Community Center, and the CRA shall grant permission to utilize the grassy area of the Park, for 355 the purposes of operating a Food Truck. This permission is subject to the following conditions 356 and restrictions:

357 (a) As a condition precedent to operating a Food Truck on the Municipal Properties, 358 Developer shall purchase and maintain liability insurance to cover claims for damages arising in 359 any way out of the operation of the Food Truck on the Municipal Properties. The insurance shall 360 have minimum limits of $1,000,000.00 per occurrence. The insurance coverage shall be with an 361 insurer licensed by the State of Florida to engage in the business of writing insurance. The City 362 and CRA shall be named on the insurance policy as an additional insured, and Developer shall 363 furnish to the City and CRA proof of said policy prior to commencing operation of the Food 364 Truck. Developer shall maintain said policy at all times while operating the Food Truck on the 365 Municipal Properties. If Developer elects to only utilize one Municipal Property, Developer 366 need only add the owner of that Municipal Property as an insured under this Section.

367 (b) Developer shall indemnify, defend, and hold harmless the City and CRA, their 368 officials and employees from all claims, actions, losses, suits, judgments, fines, liabilities, costs 369 and expenses (including attorneys' fees) arising from the operation of the Food Truck except for 370 those claims, actions, losses, judgments, fines, costs and expenses caused solely by the 371 negligence of the City and CRA or their agents. This indemnification shall survive the 3 72 termination of this Agreement.

373 (c) The Food Truck shall be allowed to operate from 9:00 AM. to 9:00 P.M. on each 374 of the Municipal Properties. Developer shall be responsible for the disposal of all garbage and 375 other waste generated due to the operation of the Food Truck. Developer shall remove the 376 garbage generated due to the operation of the Food Truck from the Municipal Properties each 377 night immediately following the close of business. The Food Truck may remain at the 3 78 Community Center when not in operation. Except where otherwise provided, any ancillary 379 equipment, furnishings and materials must be stored safely in the Food Truck or off-site when 380 the Food Truck is not in operation. Developer may leave concrete tables in authorized positions 381 when the Food Truck is not in operation, but shall do so at their own risk.

382 (d) When operating at the Community Center, the Food Truck shall be allowed to 383 operate in an area constituting and not to exceed four marked parking spaces within the parking 3 84 lot, including ancillary equipment and furnishings such as generators and picnic tables. The 385 Food Truck may operate in an area greater than four marked spaces with the written permission 3 86 of the City Manager or their designee. The location of the Food Truck within the parking lot at 387 the Community Center shall be at the sole discretion of the City. Regardless of any additional 388 permissions, no part of the operation of the Food Truck may encroach into the traffic aisle. 389 Developer shall reimburse the City for any damage caused to the parking lot surface due to the 390 presence or operation of the Food Truck.

391 (e) When operating at the Park, the Food Truck's operation shall utilize only the 392 grassy area of the Park. The location of the Food Truck within the grassy area at the Park shall 393 be at the sole discretion of the CRA. At its discretion, Developer may install a temporary power 394 pole at the Park at Developer's own expense. Prior to installing said power pole, Developer must 395 submit the proposed specifications and location of the power pole for prior approval by the CRA

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396 Executive Director or their designee, which consent shall not be unreasonably withheld. Should 397 Developer install a temporary power pole as described by this section, the CRA shall pay for the 398 power used by the Food Truck through the power pole. Prior to the termination of Developer's 399 permission to use the Park, Developer may remove the power pole at its own expense. Should 400 Developer utilize a generator for its power needs when operating at the Park, the noise created by 401 the generator may not exceed 55 decibels as measured over a period of fifteen (15) minutes from 402 the nearest property line. In no event may Developer run the generator during non-operating 403 hours.

404 (f) In exchange for the permissions described above in Paragraph 10 (a) - (d), 405 Developer shall pay $500.00 per month to the City, due on the first day of each month following 406 Developer's satisfaction of the condition precedent described in part (a) of this Section.

407 (g) The permissions described above shall expire upon a C.O. being issued for the 408 Project, or upon the expiration the twelve (12) month period following the Effective Date, 409 · whichever comes earlier. Except where otherwise provided, Developer may terminate the 410 obligations described in this Section at its discretion with written notice to the City and CRA.

411 (h) Developer shall secure all permits, licenses and approvals necessary to lawfully 412 operate a Food Truck within City limits.

413 11. Consistency with City's Comprehensive Development Plan. The CRA hereby finds 414 that this Agreement is consistent with the Comprehensive Plan and other City governing 415 documents. The CRA further finds that this Agreement promotes the public welfare, and is 416 consistent with, and a proper exercise of, City's powers under the Municipal Home Rule Powers 417 Act, as provided in Section 2(b), Article VIII of the Florida Constitution, Chapter 166.021, 418 Florida Statutes, and City's relevant police powers, as designated to the CRA via Chapter 163, 419 Florida Statutes. The Conceptual Site Plan is consistent with the Comprehensive Plan, applicable 420 development regulations, and service levels adopted by City.

421 12. Minor Adjustments. The Parties agree that a project of this type requires ongoing day-422 to-day decisions that may result in minor or insignificant changes to the Project and Conceptual 423 Site Plan. Such "Minor Adjustments" are (i) non-substantive adjustments which do not 424 materially affect or modify the Project or the impact of the Project on the City systems, (ii) are 425 typical of developments of this type and (iii) still meet the intended goals of the Redevelopment 426 Plan, Comprehensive Plan and Conceptual Site Plan. Developer is authorized, without approval 427 of the CRA, to make such Minor Adjustments as are necessary in its professional discretion and 428 in the ordinary course of business in developing the Project. If Developer is in doubt as to 429 whether a matter is a Minor Adjustment, Developer should request the concurrence ofthe CRA 430 Executive Director or her designee that a particular matter involves a Minor Adjustment, which 431 request for concurrence shall be in writing, and which concurrence shall also be in writing, shall 432 not be unreasonably withheld, conditioned or delayed, and shall be binding upon CRA and 433 Developer.

434 13. Obligation to Adhere to Requirements of Law. The Parties agree that each of their 435 respective successors and assigns will be bound by the provisions of this Agreement, as well as 436 all Federal, State and local laws, as the same may be amended or created from time to time. No

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437 clause or provision of this Agreement shall be construed or excuse the observance of any 438 requirement of any law by the Parties. Failure of this Agreement to address a particular permit, 439 condition, term, or restriction shall not relieve the Parties of the necessity of complying with the 440 law governing said permitting requirements, conditions, term, or restriction.

441 14. Covenants and Term. The conditions and covenants set forth herein shall be construed 442 as covenants running with the Property, and shall be binding upon the Parties and their assigns 443 and successors in interest, and shall inure to the benefit of the Parties and their assigns and 444 successors in interest, but shall not be deemed to extend private rights to any person or entity 445 other than the Parties hereto and their successors and assigns. This Agreement shall expire after a 446 period of five (5) years following the issuance of the final C.O. for the Project, except where 44 7 otherwise provided herein.

448 The CRA Executive Director or her designee must approve any proposed development or 449 redevelopment deviating from the Conceptual Site Plan during the effective period of the 450 Agreement except as otherwise provided herein. 451 452 Any Party to this Agreement or its successors or assigns may bring an action, in law or in equity, 453 to enforce the provisions of this Agreement. The failure of any Party to this Agreement to 454 enforce any provision contained herein shall in no event be deemed a waiver of its rights to 455 thereafter enforce the same, nor shall any liability attach to the said property for failure to 456 enforce this Agreement.

457 15. Cooperation. The Parties shall cooperate fully with each other to achieve the terms, 458 conditions, and intentions of this Agreement. In connection with Developer's applications for 459 City development licenses, permits and approva_ls necessary to construct the Project and 460 Development Improvements in accordance with the final site plan, CRA agrees to assist to any 461 extent within its legal authority to process and review any and all applications associated with 462 Developer's licenses, permits (including building permits) and approvals. However, Developer 463 recognizes and concedes that, in the exercise of its regulatory police power, the City must review 464 and act upon Developer's permit applications in substantially the same manner as in the case of 465 applications for all other property owners, the CRA cannot compel the City to expedite review, 466 and the City's decision-making in the course of exercising its police power cannot be waived, 467 divested, or otherwise diminished by contract. CRA further agrees to formally designate the 468 CRA Executive Director or her designee to act as liaison between CRA and Developer.

469 16. Amendments. This Agreement may not be amended, unless evidenced in writing and 4 70 executed by all Parties hereto.

471 17. Indemnification. Developer shall defend, indemnify and hold harmless the City and 4 72 CRA from and against any and all suits, claims, damages, losses, liabilities, reasonable costs and 473 expenses whatsoever (including attorneys' fees), which City or CRAmay incur (or which may be 474 claimed against City or CRA by any Party whomsoever) by reasons of or in connection with the 475 design, construction or maintenance of the Development Improvements and public infrastructure. 476 Nothing herein shall require Developer to indemnify City or CRA or their agents for claims 4 77 arising from their own sole negligence. This paragraph shall survive expiration or earlier 4 78 termination of this Agreement.

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479 18. Default. Failure by any Party to perform any of its obligations hereunder, including the 480 failure of Developer to diligently prosecute or perform its obligations hereunder, shall constitute 481 a default, entitling any non-defaulting Party to pursue such remedies as may be available to it 482 under Florida law or equity, including, without limitation, an action for specific performance 483 and/or injunctive relief or termination hereof. Prior to termination of this Agreement or any 484 Party filing an action as a result of a default under this Agreement, the non-defaulting parties 485 shall first provide the defaulting Party with written notice of said default. Upon receipt of said 486 notice, the defaulting Party shall be provided a thirty (30) day opportunity in which to cure the 487 default, except where otherwise provided herein.

488 19. Attorneys' Fees. In the event of default, the prevailing Party shall have the right to 489 recover all reasonable attorneys' fees and court costs incurred as a result thereof, in addition to 490 all other remedies provided herein.

491 20. Bankruptcy. In the event (a) an order or decree is entered appointing a receiver for 492 Developer or its assets or (b) a petition is filed by Developer for relief under federal bankruptcy 493 laws or any other similar law or statute of the United States, which action is not dismissed, 494 vacated or discharged within sixty days after the filing thereof, then the CRA shall have the right 495 to terminate immediately this Agreement and accelerate, making immediately due and payable, 496 all sums levied against the Property at the time of the occurrence of an event described in (a) or 497 (b) above. The occurrence of an event described in (a) or (b) above shall not afford any person 498 the right to refuse, discontinue or defer payment of said sums or to challenge their validity.

499 21. No Liability or Monetary Remedy. Developer hereby acknowledges and agrees that it 500 is sophisticated and prudent in business transactions and proceeds at its own risk under advice of 501 its own counsel and advisors and without reliance on the City or CRA, and that the City and 502 CRA bear no liability for direct, indirect or consequential damages arising from a breach of this 503 Agreement. The only remedy available to Developer for any breach by CRA or City is one of 504 mandamus to require CRA's or City's specific performance under the terms and conditions of 505 this Agreement.

506 22. Force Maieure. Except as otherwise expressly provided in this Agreement, no Party 507 shall be liable for any breach of this Agreement for any delay or failure of performance resulting 508 from any cause beyond such Party's reasonable control, including but not limited to the weather, 509 strikes or labor disputes, adverse rulings in third-party lawsuits, casualty, war, terrorist acts, riots 510 or civil disturbances, government regulations, acts of civil or military authorities, or acts of God 511 (individually, a "force majeure") provided the Party affected takes all reasonably necessary steps 512 to resume full performance following the conclusion of the force majeure.

513 23. Gender, Number and Subtitles. As used in this Agreement, the plural includes the 514 singular, and the singular includes the plural. Use of one gender includes all genders. Subtitles 515 of sections or paragraphs used in this Agreement are for convenient reference only and shall not 516 limit, define or otherwise affect the substance or construction of provisions of this Agreement.

517 24. Notice. Any notice that maybe extended by one Party to the other pursuant to or as a 518 result of this Agreement shall be extended by regular first class mail of the United States of 519 America, postage prepaid, or by hand delivery as follows:

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520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544

545 546 547 548 549

550 551 552 553

554 555 556 557

558 559 560 561

ToCRA:

And a Copy To:

To Developer:

To City:

Satellite Beach Community Redevelopment Agency 565 Cassia Boulevard Satellite Beach, FL 32937

CRAAttomey Clifford B. Shepard Shepard, Smith, Kohlmyer & Hand, P.A. 2300 Maitland Center Parkway Suite 100 Maitland, FL 32751 Fax: 407-629-2095 Tel: 407-629-4323

Doubles Hoagies, Inc. 1896 South Patrick Drive Indian Harbour Beach, FL 32937

City Manager 565 Cassia Boulevard Satellite Beach, FL 3293 7

Any Party to this Agreement may unilaterally re-designate the address of or person to whom notice is to be directed by giving prior written notice to the other Party.

25. Severability. Invalidation of any word, clause, sentence, or section contained herein due to illegality, unconstitutionality, or for any other reason and as determined by a court of competent jurisdiction shall not act to cause this entire Agreement to be found to be invalid, illegal or unconstitutional, and said documents shall be read without such invalid, illegal or unconstitutional word, clause, sentence or section.

26. Recording in Public Records. A memorandum of this Agreement shall be recorded in the Public Records of Brevard County, Florida. The City Clerk shall insure the proper recording is accomplished before the closing of the Sales Contract. Developer shall pay all recording costs.

27. Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, and all of which shall together constitute on and the same instrument. The terms of this Agreement shall control in the event of a conflict with the terms of any other contract executed prior to this Agreement.

28. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the specific matters contained herein and supersedes all previous discussions, understandings, and agreements. Amendment to or waivers of the provisions herein shall be made by the Parties in writing.

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562 29. Negotiation. Each Party hereto hereby acknowledges that he was properly represented in 563 the negotiation of this Agreement and this Agreement shall not be more strictly construed against 564 one Party or the other as a result of such Party's participation in the drafting of this Agreement.

565 30. No Third-Party Beneficiaries. The Agreement is solely for the benefit of the Parties 566 signing hereto and their successors and assigns, and no right, nor any cause of action, shall 567 accrue to or for the benefit of any third party.

568 31. Assignability. Developer may only assign the obligations of this Agreement with the 569 written permission of the CRA Executive Director or his or her designee. Developer's assigns 570 must abide by all conditions of this Agreement, and CRA makes no promises as to modification 571 of deadlines in consideration of the assignment.

572 32. Relationship. This Agreement does not evidence the creation of, nor shall it be 573 construed as creating, a partnership or joint venture among the Parties. Each Party is acting for 574 its own account, and it has made its own independent decisions to enter into this Agreement and 575 as to whether the same is appropriate or proper for it based upon its own judgment and upon 576 advice from such advisers as it has deemed necessary. Each Party acknowledges that none of the 577 other Parties hereto is acting as a fiduciary for or an adviser to it in respect of this Agreement or 578 any responsibility or obligation contemplated herein. Developer further represents and 579 acknowledges that no one was paid a fee, commission, gift or other consideration by Developer 580 as an inducement to entering into this Agreement.

581 33. Controlling Law. This Agreement and the prov1s10ns contained herein shall be 582 construed, controlled, and interpreted according to the laws of the State of Florida, and all duly 583 adopted ordinances, regulations and policies of the City now in effect and those hereinafter 584 adopted.

585 34. Venue. The location for settlement of any and all claims, controversies, or disputes, 586 arising out of or relating to any part of this Agreement, or any breach hereof, shall be Brevard 587 County, Florida.

588 35. Personal Liability. No provision of this Agreement is intended, nor shall any be 589 construed, as a covenant of any official ( either elected or appointed), director, employee or agent 590 of CRA in an individual capacity and neither shall any such individuals be subject to personal 591 liability by reason of any covenant or obligation of CRA hereunder.

592 36. No General Obligation. In no event shall any obligation of CRA or City under this 593 Agreement be or constitute a general obligation or indebtedness of CRA or City, a pledge of the 594 ad valorem taxing power of City or CRA, or a general obligation or indebtedness of CRA or City 595 within the meaning of the Constitution of the State of Florida or any other applicable laws, but 596 shall be payable solely from legally available revenues and funds. Neither the Developer nor any 597 other Party under or beneficiary of this Agreement shall ever have the right to compel the 598 exercise of the ad valorem taxing power of City or CRA or any other governmental entity or 599 taxation in any form on any real or personal property to pay CRA's or City's obligations or 600 undertakings hereunder.

601 [SIGNATURES APPEAR ON FOLLOWING PAGES] 602

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603 IN WITNESS WHEREOF, the Parties have set their hands and seals onto this Agreement 604 as of the Effective Date.

605 Signed, sealed and delivered 606 in the presence of: 607 608 609 610 Print Name: -----------611 612 613 Print Name: -----------614 615 Attest -------------616 City Clerk 617 618 619 620 621 622 623 Print Name: 624 625 626

-----------

627 Print Name: __________ _ 628 629 630 631 632 633 634 635 PrintName: __________ _ 636 637 638 PrintName: __________ _ 639 640 641 Attest -------------642 City Clerk 643 644

SATELLITE BEACH COMMUNITY REDEVELOPMENT AGENCY

By: _____________ _ Courtney Barker, Executive Director

Date: -------------

DOUBLES HOAGIES, INC.

By: ____________ _ Name: -------------Title:

--------------

Date: -------------

CITY OF SATELLITE BEACH

By:_~-----------Frank Catino, Mayor

Date: -------------

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645 STATE OF FLORIDA

646 COUNTY OF BREVARD

64 7 The foregoing instrument was acknowledged before me on this __ day of 648 _____ , 2018, by Courtney Barker, Executive Director of the Satellite Beach Community 649 Redevelopment Agency, on behalf of the SATELLITE BEACH REDEVELOPMENT 650 AGENCY, a municipal agency of the City of Satellite Beach, who is_ personally known to me 651 or has produced _______ as identification.

652 653 654 Notary Public 655 656 Print Name: ----------657



660 The foregoing instrument was acknowledged before me on this __ day of 661 _____ , 2018, by ____ , on behalf of DOUBLES HOAGIES, INC., who is 662 personally known to me or has produced _______ as identification.




671 The foregoing instrument was acknowledged before me on this __ day of 672 _____ , 2018, by Frank Catino, Mayor, on behalf of the CITY OF SATELLITE BEACH, 673 who is_ personally known to me or has produced _______ as identification.


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680

681 EXHIBIT "A" 682 683 LEGAL DESCRIPTION OF THE PROPERTY

684 LOTS 20, 21, 22 BLK 7 & LOTS 3, 4, 5 & E SFT OF LOT 21 BLK 8 & V AC ST 685 BETWEEN BLKS ADJACENT EX HWY R/W & LOTS 1, 2 & W 25 FT OF CLOSED ST 686 ON E & ALL LOTS 23, 24 BLK 8 1.2 ACRES

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687 "EXHIBIT B"

688 CONCEPTUAL SITE PLANS

689

690

691

[INSERT]

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CITY COUNCIL AGENDA ITEM #9 DISCUSS/TAKE ACTION ON HEALTH INSURANCE CHANGES FOR CITY EMPLOYEES

FOR FISCAL YEAR 2018/2019

To: City Manager Courtney Barker

From: Assistant City Manager Suzanne Sherman


Department: Support Services

Recommended Action: Motion to approve changing the City's health insurance plan from Cigna to Health First Health Plans.

Summary: On an annual basis, the City reviews the employee health insurance program and the City's insurance broker, Gehring Group, conducts a review of renewal rates and plan structures. This year, after several rounds of negotiation, Cigna provided a quote that would increase the overall costs of the health plan by 13.6%. Staff asked Gehring Group to review other insurance carriers, and Health First Health Plans provided a quote for a fully insured, two-plan program (HMO and POS) that would provide for an overall plan cost reduction that is expected to exceed 20% (depending on actual enrollment).

Gehring Group will provide an overview of the recommended plans at this meeting. For the HMO plan, the premium costs for employees will be decreasing compared to what they were paying under the Cigna plan. Compared to the HMO plan, there will be a moderate increase in premium costs for employees who enroll in the POS buy-up plan, which provides expanded coverage outside of the Brevard County area. The plan design changes include the addition of a $500 single/$1,000 family aggregate deductible. To offset the impact of this cost, staff is recommending establishing a Health Reimbursement Account (HRA), which will provide $500 on a debit card for medical costs for single coverage, and $1,000 for the other three tiers of coverage (Employee+ Spouse; Employee+ Children; or Employee+ Family).

All other medical benefits, including dental (Cigna) and vision (EyeMed), will remain at current rates with the existing carriers.

Budget Impacts: The overall cost reduction to the City, which is included in the FY 18/19 budget, is estimated to save approximately $300,000 which will vary based on actual enrollment.

Attachments: • Employee Benefits Cost Comparison

• Employee Benefits Highlights


City of Satellite Beach Employee Benefits EE/ER Cost Comparison Effective: October 1, 2018

CURRENT (2017-2018)

Employee Employer

MEDICAL CIGNA

HMO 6152 Plan - Base Plan

Employee Only 42 $0.00 $806.05

Employee + Spouse 10 $353.30 $1,339.37

Employee+ Child(ren) 9 $305.12 $1,266.65

Employee+ Family 18 $668.06 $1,814.53

POS 6153 Plan • Buy-Up Plan

Employee Only 0

Employee+ Spouse 0 Not Offered

Employee+ Child(ren) 0

Employee+ Family 0

Retirees - HMO 6152 Base Plan

Retiree Only 18 $0.00 $759.74

Retiree+ Spouse 0 $835.68 $759.74

Retiree+ Child(ren) 0 $721.73 $759.74

Retiree+ Family 0 $1,580.23 $759.74

Retirees -HMO 6153 Base Plan

Retiree Only 0 $0.00 $759.74

Retiree + Spouse 0 $835.68 $759.74

Retiree+ Child(ren) 0 $721.73 $759.74

Retiree+ Family 0 $1,580.23 $759.74

MONTHLY PREMIUM 97 $18,304 $104,985

ANNUAL PREMIUM $219,650 $1,259,814

$ INCREASE N/A N/A

% INCREASE N/A N/A

HEALTH REIMBURSEMENT ACCOUNT

HRA • Active Only Employee Employer

Employee Only 42

Employee+ Spouse 10 Not Offered

Employee+ Child(ren) 9

Employee+ Family 18

ANNUAL CONTRIBUTION 79 $0 $0

$ INCREASE N/A N/A

% INCREASE N/A N/A

TOTAL MEDICAL & HRA

ANNUAL PREMIUM $219,650 $1,259,814

$ INCREASE N/A N/A

%.INCREASE N/A N/A

DENTAL CIGNA

DPPO Plan Employee Employer


Employee + Spouse 12 $41.78 $38.47

Employee+ Child(ren) 8 $57.11 $38.47

Employee+ Family 14 $113.16 $38.47


ANNUAL PREMIUM $30,510 $38,778

$INCREASE N/A N/A

% INCREASE N/A N/A

MonthlyTo.tal

$806.05

$1,692.67

$1,571.77

$2,482.59

$759.74

$1,595.42

$1,481.47

$2,339.97

$759.74

$1,595.42

$1,481.47

$2,339.97

$123,289

$1,479,464

N/A

N/A

Monthly Total

$0

N/A

N/A

$1,479,464

N/A

N/A

Monthly Total

$38.47

$80.25

$95.58

$151.63

$5,774

$69,288

N/A

N/A

'

:. GEHRING GROUP EMPLOYEE BENEFITS ! RISK MANAGEMENT

RENEWAL (2018-2019)

100% Medical Employee Only Coverage

50% of Medical Dependent Coverage

Employee Employer Monthly Total

HEALTH FIRST Employee Payroll Deduction

$0.00 $681.02 $681.02 $0.00

$225.30 $906.32 $1,131.62 $112.65

$194.58 $875.60 $1,070.18 $97.29

$426.03 $1,107.05 $1,533.08 $213.02

$87.33 $681.02 $768.35 $43.67

$370.41 $906.32 $1,276.73 $185.21

$331.81 $875.60 $1,207.41 $165.91

$622.61 $1,107.05 $1,729.66 $311.31

$0.00 $681.02 $681.02

$450.60 $681.02 $1,131.62

$389.16 $681.02 $1,070.18

$852.06 $681.02 $1,533.08 ·.

$87.33 $681.02 $768.35

$595.71 $681.02 $1,276.73

$526.39 $681.02 $1,207.41

$1,048.64 $681.02 $1,729.66

$11,673 $77,732 $89,404

$140,073 $932,780 $1,072,854

-$79,577 -$327,034 -$406,611

-36.2% -26.0% -27.5%

BENEFITS woRKsfioe ' " , ' " "

Employee Employer Annual Total Employee Payroll

Deduction

$0.00 $500.00 $500.00 $0.00

$0.00 $1,000.00 $1,000.00 $0.00

$0.00 $1,000.00 $1,000.00 $0.00

$0.00 $1,000.00 $1,000.00 $0.00

$0 $58,000 $58,000

$0 $58,000 $58,000

0.0% 0.0% 0.0%

$140,073 $990,780 $1,130,854

-$79,577 -$269,034 -$348,611

-36.2% 021.4% -23.6%

CIGNA ✓ '

Employee Employer Monthly Total Employee Payroll

Deduction

$0.00 $38.47 $38.47 $0.00

$41.78 $38.47 $80.25 $20.89

$57.11 $38.47 $95.58 $28.56

$113.16 $38.47 $151.63 $56.58

$2,542 $3,231 $5,774

$30,510 $38,778 $69,288

$0 $0 $0

0.0% 0.0% 0.0%

City of Satellite Beach Employee Benefits EE/ER Cost Comparison Effective: October 1, 2018

CURRENT (2017-2018) "

Employee Employer

l\1:1510111 EYEMED

Vision Plan Employee Employer


Employee + Spouse 12 $0.00 $8.73

Employee+ Child(ren) 8 $0.00 $9.19

Employee+ Family 22 $0.00 $13.50

MONTHLY PREMIUM 82 $0 $659

ANNUAL PREMIUM $0 $7,907

$ INCREASE N/A N/A

% INCREASE N/A N/A " LIEE/AD&D RELIANCE STANDARD

Employee Employer

Benefits Volume $0 $4,020,000

Life $0 $0.220

AD&D $0 $0.030

MONTHLY PREMIUM $0 $1,005

ANNUAL PREMIUM $0 $12,060

$ INCREASE N/A N/A

% INCREASE N/A N/A

itAP MAGELLAN

Employee Employer

Benefits Volume 115 $0 $1.92

MONTHLY PREMIUM $0 $221 ANNUAL PREMIUM $0 $2,650 $ INCREASE N/A N/A

% INCREASE N/A N/A

TOTAL BENEFITS PREMIUM Employee Employer

Monthly Monthly


ANNUAL PREMIUM $250,160 $1,321,208

$ INCREASE N/A N/A

%INCREASE N/A N/A 1 Excludes HRA from the Monthly Premium; HRA is in Annual Premium

Monthly Total

Monthly Total

$4.59

$8.73

$9.19

$13.50

$659

$7,907

N/A

N/A

Monthly Total

$4,020,000

$0.220

$0.030

$1,005

$12,060

N/A

N/A

Monthly Total

$1.92

$221 $2,650

N/A

N/A

Monthly

Total

$130,947

$1,571;368

N/A

N/A

GEHRING GROUP EMPLOYEE BENEFITS I RISK MANAGEMENT

RENEWAL (2018-2019)

100% Medical Employee Only Coverage

50% of Medical Dependent Coverage


EY:EMED "

Employee Employer Monthly Total , mp oyee ayro

Deduction E I P II

$0.00 $4.59 $4.59 $0.00

$0.00 $8.73 $8.73 $0.00

$0.00 $9.19 $9.19 $0.00

$0.00 $13.50 $13.50 $0.00

$0 $659 $659

$0 $7,907 $7,907

$0 $0 $0

0.0% 0.0% 0.0%

RELIANCE STANDARD


$0 $4,020,000 $4,020,000

$0 $0.220 $0.220

$0 $0.030 $0.030

$0 $1,005 $1,005

$0 $12,060 $12,060

$0 $0 $0

0.0% 0.0% 0.0% " " MAGELLAN C

' Employee Employer Monthly Total

$0 $1.92 $1.92

$0 $221 $221 $0 $2,650 $2,650 $0 $0 $0

0.0% 0.0% 0.0% Employee Employer Monthly

Monthly Monthly Total

$14,215 $82,848 $97,063

$170,583 $1,052,174 $1,222,757

-$79,577 -$269,034 0$348,611

-31.8% -20.4% -22.2%

lnsu The City offers medical insurance through Health First to benefit-eligible employees. The costs per pay period for coverage are listed in the premium table below and a brief summary of benefits is provided on the following page. For more detailed information about the medical plan, please refer to Health First Summary ofBenefits and Coverage (SBC) document or contact Health First customer service.

Medical Insurance - Health First HMO Base Plus Plan 24 Payroll Deductions - Per Pay Period Cost

T• fC TotalCost CityContribution EmployeeCost Emnloy;eeCost 1er o overage •

Per Month Per Month Per Month Per Pay Rertoll

Employee Only $681.02 $681.02 $0 $0

Employee + Spouse $1,131.62 $906.32 $225.30 $112.65

Employee+ Child(ren) $1,070.18 $875.60 $194.58 $97.29

Employee + Family $1,533.08 $1,107.05 $426.03 $213.02

Medical Insurance - Health First POS Buy-Up Plan 24 Payroll Deductions - Per Pay Period Cost

T• fC TotalCost CityContribution EmployeeCost EmployeeCost 1ero overage .

Per Month Per Month Per Month Per Pay Pertoil

Employee Only

Employee+ Spouse

Employee+ Child(ren)

Employee+ family

$768.35

$1,276.73

$1,207.41

$1,729.66

$681.02

$906.32

$875.60

$1,107.05

$87.33

$370.41

$331.81

$622.61

$43.67

$185.21

$165.91

$311.31

Health First I Customer Service: (855) 443-4735 I www.hf.org

A Summary of Benefits & Coverage (SBC) for the Medical Plan is provided as a supplement to this booklet being distributed to new hires and existing employees during Open Enrollment. The summary is an important item in understanding employee's benefit options. A free paper copy of the SBC document may be requested or is available as follows:

From:

Address:

Phone:

Email:

Human Resources

565 Cassia Blvd. Satellite Beach, FL 32937

(321) 773-4407

[email protected]

The SBC is only a summary of the plan's coverage. A copy of the plan document, policy, or certificate of coverage should be consulted to determine the governing contractual provisions of the coverage. A copy of the group certificate of coverage can be reviewed and obtained by contacting Human Resources.

If there are any questions about the plan offerings or coverage options, please contact Human Resources at (321) 773-4407.

n Health First offers all enrolled employees and dependents additional services and discounts through value added programs. For more details regarding other available plan resources, contact Health First's customer service at (855) 443-4735, or visit www.hf.org.

5 : - © 2016, Geliring !lroup,lnt., All Rig tits Reserved

H .-•. It. h, F-i "<E • He ea ... r.;.t .. Base At-A-Glance

Network Health first lirouJ! Rian

Calendar Year Deductible (CYD)

Single

Family

Coinsurance

Member.Responslbility

Calendar Year Out-of-Pocket Limit

Single

Family

What Applies to the Out--0Hocket limit?

Physician Services

Primary Care Physic1an(PCPJ Office Visit

Specialist Office Visit

Non-Hospital Services; Freestanding Facility

Clinical lab (Blood Work)*

X-rays

Advanced Imaging (MRl PEI; a)

Outpatient Surgery in Surgical Center

Physician Services at Surgical Center

Urgent Care (PeJ Visit)

Hospital Services

Inpatient Hospital (PerAdmission)

Physician Services at Hospital

Emergency Room (Per Visit; Waived if Admitted)**

Mental Health/Alcohol & Substance Abuse

lnpatientHospitalizatlon (Per Admission)

Outpatient Services (Per Visit)

Outpatient Office Visit

Prescription Drugs (Rx)

Preferred Generic

Non-Preferred Generic

Preferred Brand Name

Non-Preferred Brand Name

Speciality Drugs

Mail Order Drug (90-Day Supply)*"*

In-Network

$500

$1,000

20%

$3,500

$7,000

Deductible, Coinsurance, Copays and Rx

$25 Copay

$40Copay

Covered at 100%

20% After CYD

20% After CYD

$650Copay

No Charge

$75 Copay

$1,650 Copay

No Charge

$300 Copay/ $500 Copay

$1,650 Copay

$40 Copay

$40 Copay

$2 Copay

$15 Copay

$45 Copay

$90 Copay

20% Coinsurance

2x Retail Copay

Locate a Provider To search for a participating provider, contact Health First's customer service or visit www.hf.org. When completing the necessary search criteria, select Health First Group Plans network.

Plan References *Health First Labs is the preferred lab for bloodwork through Health First. When using a lab other than Health First Labs, please confirm they are contracted with Health First Group Plans prior to receiving services.

**First Emergency Room visit is a $300 copay. Any visit thereafter will be a $500 copay.

***Mail order excludes specialty drugs.

Important Notes • Services received by providers and

facilities not in the Health First Group plan network, will not be covered.

©2016,Gehring0

Group,lnc.,AllRightsReserved " , 0 " ,,

2

" ' "

/2 "' ~ " " Af -

Locate a Provider To search for a participating provider,

contact Health First's customer service or visit www.hf.org. When completing

the necessary search criteria, select Health First Group Plans network.

Plan References *Health First Labs is the preferred lab

for bloodwork through Health First. When using a lab other than Health First Labs, please confirm they ore contracted

with Health First Group Plans prior to receiving services.

**First Emergency Room visit is a $300 copay. Any visit thereafter

will be a $500 copay.

***Mail order excludes specialty drugs.

p Plan Network Health first Groue Rian

Calendar Year Deductible (CYD)

Single

Family

Coinsurance

Member Responsibility

Calendar Year Out-of-Pocket limit

Single

Family

What Applies to the Out-of-Pocket limit?

Physician Services

Primary Care Physician (PCP) Office Visit

Specialist Office Visit

Non-Hospital Services; Freestanding Facility

Ginical lab (Blood Work)*

X-rays

Advanced Imaging at Independent Facility (MRl PET, CT)

Outpatient Surgery in Surgical Center

Physician Services at Surgical Center

Urgent Care Fadlity (Per Visit)

Hospital Services Inpatient Hospital (Per Admission)

Outpatient Surgery at Hospital (Per Visit)

Physician Services at Hospital

Emergency Room (Per Visit; Waived if Admitted)**

Mental Health/ Alcohol & Substance Abuse

Inpatient Hospitalization (Per Admission)

Outpatient Services (Per Visit)

Outpatient Office Visit

Prescription Drugs (Rx)

Preferred Generic

Non-Preferred Generic

Preferred Brand Name

Non-Preferred Brand Name

Specialty Drugs

Mail Order Drug (90-Day Supply)***

In Network Out of Network

$500 $1,000

$1,000 $2,000

20% 40%

$3,500 $7,000

$7,000 $14,000

Deductible, Coinsurance, Copays and Rx

$25 Copay 40% After CYD


No Charge 40% After CYD

20% After CYD 40% After CYD

20% After CYD 40% After CYD




$1,650 Copay 40% After CYD



$300 Copay/ $500 Copay $300 Copay/ $500 Copay

$1,650 Copay 40% After CYD



$2 Copay Not Covered




20% Coinsurance Not Covered

2x Retail Copay Not Covered

U a= n~d

The City provides employees who participate in the Health First HMO Base Plan and Health First POS Buy-Up Plan, a Health Reimbursement Account (HRA) through Benefits Workshop. HRA monies are funded by the City and can be used for any qualified medical expenses such as co payments, deductibles and coinsurance for physiclan services, hospital services, prescription drugs, etc. The HRA monies provide tax-free funds to cover qualified out-of-pocket expenses incurred under the medical plan.

HRA Funding Allotment

HRA Funding for 2018-2019 is as follows: Employees enrolled in the the City's medical plan will receive the following for the plan year.

> Employee Only: $500 > Employee+ Spouse: $1,000

> Employee+ Child: $1,000 > Employee+ Family: $1,000 HRA amounts will be prorated for new hires eligible outside the City's annual Open Enrollment period.

Retain Receipts During the year, employee should keep all receipts and documentation for prescriptions and medical related expenses if needed to verify a claim for Benefits Workshop or for IRS taxes. If asked to produce documentation, a valid Explanation of Benefits (EOB) and receipt of payment for the services rendered will be sufficient.

How to Check Available HRA Balance Balance, activity and account history is available anytime online at www.benefitsworkshop.com/satellitebeach or by calling Benefits Workshop at (888) 537-3539.

Expenses Eligible for Reimbursement Employee may request reimbursement of expenses for employee or covered dependent(s). Eligible expenses must be necessary for the diagnosis, treatment, cure, mitigation or prevention of a specific medical condition. Cosmetic expenses are not eligible for reimbursement. Reimbursement checks will be issued to employee throughout the year for incurred expenses up to the maximum annual benefit amount Employee has the option to have reimbursement checks direct deposited into employee's bank account For more information regarding eligible expenses, visit Benefits Workshop online at www.benefitsworkshop.com/satellitebeach.

File a Claim

Debit Card

Each employee will be provided with a debit card to use for payment of out-ofpocket medical expenses. This may prevent the employee from having to pay an expense first and then seek reimbursement. However, employee may be required to submit documentation of any expenses that do not match a copay associated with a specific service under the plan.

Paper Claim

Employee may submit claim forms to Benefits Workshop and must include a copy of carrier's Explanation of Benefits or receipts for eligible medical services received. Claim forms can be submitted via fax to (904) 800-2830, which is indicated on the claims form, or via mail to address listed below.

Claims Mailing Address P.O. Box 56828

Jacksonville, FL 32241

Benefits Workshop Customer Service: (888) 537-3539

www.benefitsworkshop.com/satellitebeach

All claims must be filed within 90 days after the plan year end (September 30, 2019), or 30 days from the date employee

becomes ineligible to file for expenses incurred while participating during the plan year.


DISCUSS/TAKE ACTION ON 2018 EDWARD BYRNE MEMORIAL JUSTICE

ASSISTANCE GRANT (JAG) PROGRAM- FLORIDA JAG DIRECT

To:

From:

Meeting Date:

Department:


Police Chief Jeff Pearson

9/5/2018

Police

Recommended Action: Authorize the Mayor to execute on behalf of the City, a letter to Clayton H. Wilder of the Florida Department of Law Enforcement indicating the City of Satellite Beach's support for the distribution of Justice Assistance Grant {JAG) funds for FY 17 /18, specifically for the Brevard County Prisoner Transportation Program in the amount of $145,757.00.

Summary: The City has received notification from the Florida Department of Law Enforcement regarding the FY 17 /18 Edward Byrne Memorial Justice Assistance Grant Program announcing an allocation of $145,757.00 for funds for use by all units of government within Brevard County. We support the distribution of the JAG Grant to the Brevard County Prisoner Transportation Program.

Budget Impacts: None

Attachments:

• FY 17 /18 JAGC County Allocation


NOTE: Subaward approval and reimbursement is subject to the availability of federal funds. Subrecipients choosing to begin program activities prior to having an approved subaward agreement in place must comply with state and federal requirements for pre-award costs. In the event federal funds are not available, applicants will be responsible for all costs incurred.

County

Alachua Baker Bay Bradford Brevard Broward Calhoun Charlotte Citrus Clay Collier Columbia Dade Desoto Dixie Duval Escambia Flagler Franklin Gadsden Gilchrist Glades Gulf Hamilton Hardee Hendry Hernando Highlands Hillsborough Holmes Indian River Jackson Jefferson Lafayette

FY17 JAGC County Allocation

September 29, 2017

County

Allocation County

$ 94,044 Lake $ $ 37,008 Lee $ $ 91,315 Leon $ $ 54,112 Levy $ $ 145,757 Liberty $ $ 416,692 Madison $ $ 23,409 Manatee $ $ 70,322 Marion $ $ 50,160 Martin $ $ 55,982 Monroe $ $ 94,549 Nassau $ $ 48,827 Okaloosa $ $ 658,538 Okeechobee $ $ 42,000 Orange $ $ 27,063 Osceola $ $ 254,909 Palm Beach $ $ 119,302 Pasco $ $ 37,760 Pinellas $ $ 45,574 Polk $ $ 33,846 Putnam $ $ 28,566 Santa Rosa $ $ 16,446 Sarasota $ $ 44,990 Seminole $ $ 47,437 St. Johns $ $ 38,755 St. Lucie $ $ 70,460 Sumter $ $ 58,097 Suwannee $ $ 60,634 Taylor $ $ 337,697 Union $ $ 23,472 Volusia $ $ 58,902 Wakulla $ $ 30,213 Walton $ $ 39,853 Washington $ $ 12,521

TOTALJAGC: $

County

Allocation

90,873 185,292 103,328 30,790 18,575 54,852

119,709 99,053 64,629 71,967 46,810 70,199 60,726

322,517 99,548

322,513 122,523 277,379 186,327 63,381 46,863

110,778 122,750 59,814 98,828 40,603 38,796 39,975 22,701

150,509 22,896 34,502 31,391

6,500,609


PUBLIC HEARING:

DISCUSS/TAKE ACTION ON ORDINANCE NO. 1163, AN ORDINANCE OF THE CITY

OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, AMENDING ORDINANCE NOS.

1005 AND 1017 ALLOWING A CONDITIONAL USE FOR A CONGREGATE LIVING

FACILITY FOR PROPERTY LOCATED AT 500/510, 520/522 AND 530/532 LEE

AVENUE AND 505/515, 517/525 AND 527/535 JACKSON AVENUE; DESCRIBED AS

EAU GALUE SHORES, LOTS 14-21, 24 AND 25, BLOCK 20; ZONED RM-1, BY

INCREASING THE NUMBER OF AUTHORIZED RESIDENTS FOR THREE OF THE

BUILDINGS, ELIMINATING THE NONASSIGNABIUTY LIMITATION/LIMITATION ON

CHANGE IN OWNERSHIP; ELIMINATING LIMITATION ON ALLOWING RESIDENTS

WITH MENTAL DEFICITS; PROVIDING FOR SEVERABIUTY; AND PROVIDING AN

EFFECTIVE DATE {SECOND READING}

To:

From:

Meeting Date:

Department:


Building Official John Stone

9/5/2018

Community Development

Recommended Action: Motion to adopt Ordinance No. 1163 on second reading.

Summary: On July 23, 2018 the Planning Advisory Board (PAB) recommended to approve amendments to the Conditional Use Permit (CUP) for Ocean Breeze Gardens Assisted Living Facility (ALF) located at 520/522, 530/532 Lee Ave and 527 /535 Jackson Ave.

The applicant has requested the following amendments pertaining to CUP approval by Ordinance No. 1005 and further amendments to the CUP by Ordinance No. 1017.

The amendments being requested from the original CUP Ordinance No. 1005 are as follows: Section 1 (1) Increase bed capacity from 8 residents to 9 residents for units 520/522 and 530/532 Lee Avenue and

527 /535 Jackson Avenue by one resident each. (5) Remove the CUP non-assignable provision


(6) Remove condition prohibiting nursing services, mental health patients, Alzheimer patients or related disorders.

Budget Impacts: None.

Attachments:

• Ordinance No. 1163

• PAB 7 /11/18 staff memo



• CUP Application

• PAB 7 /23/18 minutes


ORDINANCE NO. 1163

AN ORDINANCE OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, AMENDING ORDINANCE NOS. 1005 AND 1017 ALLOWING A CONDITIONAL USE FOR A CONGREGATE LIVING FACILITY FOR PROPERTY LOCATED AT 500/510, 520/522 AND 530/532 LEE AVENUE AND 505/515, 517/525 AND 527/535 JACKSON AVENUE; DESCRIBED AS EAU GALLIE SHORES, LOTS 14-21, 24 AND 25, BLOCK 20; ZONED RM-1, BY INCREASING THE NUMBER OF AUTHORIZED RESIDENTS FOR THREE OF THE BUILDINGS, ELIMINATING THE NONASSIGNABILITY LIMITATION/LIMITATION ON CHANGE IN OWNERSHIP; ELIMINATING LIMITATION ON ALLOWING RESIDENTS WITH MENTAL DEFICITS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE (SECOND READING)

WHEREAS, the City Council adopted Ordinance No. 1005 on November 11, 2008, permitting a conditional use for a congregate living facility, together with certain conditions, for property located at 500/510, 520/522, 530/532 Lee Avenue and 505/515, 517/525, 527/535 Jackson Avenue, which approved conditional use was amended by Ordinance No. 1017 adopted by City Council on July 1, 2009; and

WHEREAS, the City has received a request to amend the conditional use by increasing the number of residents from eight to nine for three of the buildings, as set forth in the request, together with a request to eliminate the notice of change of ownership and limitation on allowing residents with mental deficits currently provided in the conditional use; and

WHEREAS, the Planning Advisory Board conducted a public hearing and determined this amendment meets the requirements of the City's adopted Land Development Regulations; and

WHEREAS, the City Council, following all public hearings required by law preliminary to the adoption of this ordinance, has found and determined that this ordinance is not inconsistent with the City's adopted Land Development Regulations, and further promotes the general health, safety and welfare of the City of Satellite Beach and its residents.

NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY FLORIDA, as follows:

SECTION 1. Paragraph 1 of Section 1 or Ordinance No. 1005 is hereby amended to read as follows:

To locate a congregate living facility in RM-1 zoning district at 500/510, 520/522 and 530/532 Lee Avenue and 505/515, 517/525, and 527/535 Jackson Avenue; described as Eau Gallie Shores, Lots 14-21, 24 and 25, Block 20, contingent upon the following conditions:

1. Maximum occupancy shall be four residents per unit (eight per building), except for the properties located at 520/522 and 530/532 Lee Avenue and 527/535 Jackson Avenue shall be allowed nine residents per building. For purposes of this ordinance only, a resident shall mean any person living in any of the properties subject to this ordinance, irrespective of such person's intent to make it that person's fixed and permanent home.

I. I

ORDINANCE NO. 1163 PAGE2

Further, Paragraph 5 and the last sentence of Paragraph 6 of Section 1 are deleted.

6. The conditional use granted by this ordinance is subject to and will become effective only upon the issuance of a license to operate an assisted living facility currently regulated by ch. 429, Florida Statutes, and any regulations promulgated there under.

SECTION 2. All remaining conditions of Ordinance Nos. 1005 and 1017 shall remain in full force and effect.

SECTION 3. SEVERABILITY CLAUSE. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected thereby, and it will be presumed that the City Council for the City of Satellite Beach did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect.

SECTION 4. REPEAL OF INCONSISTENT PROVISIONS. All ordinances or parts of ordinances in conflict herewith are hereby repealed.

SECTION 5. EFFECTIVE DA TE. This Ordinance shall become effective immediately upon its adoption.

SECTION 6. This Ordinance was duly passed on first reading at a regular meeting of the City Council on the 1st day of August, 2018, and adopted on second and final reading at a regular meeting of the City Council on the __ day of ____ , 2018.

FRANK P. CATINO, MAYOR

ATTEST:

LEONOR OLEXA, CMC, CITY CLERK

/

BUILDING OFFICIAt

Memo

To:

Fr:

CC:

Dt:

Re:

Planning Advisory Board

John Stone, CBO

Courtney Barker, City Manager

July11,2018 . ~)

Modification of Conditional Use - Ocean Breeze Gardens~

Ordinance 1005 granted a Conditional Use Permit (CUP) on November 19, 2008 for an Assisted Living Facility (ALF) as a campus facility at the following duplex locations 500/510, 520/522 and 530/532 Lee Avenue as well as 505/515, 517 /525, and 527/535 Jackson Avenue.

The CUP was further amended by Ordinance 1017 on July 1, 2009 to increase the residents from six residents to eight residents per building. Subsequent to this approval several of the buildings were modified to accommodate the increased capacity that included adding room additions and modifying three of the duplexes into single dwellings. The primary purpose indicated by the applicant for the bed increase was there was little desire by residents for private rooms. Shared rooms reduced costs to the resident as well as added companionship. These building modifications created more interior common space by eliminating a second kitchen and repurposing redundant spaces.

With the high demand for affordable ALF services in the community the applicant is again requesting a capacity increase by adding one additional resident per building. The additional revenue will allow the applicant to install a back-up generator and fire suppression system in the units. The intent is to modify one of the garages into a bedroom, and the other into common area.

On July 2, 2018 the Board of Adjustment approved the necessary variances for building modifications in repurposing the garages since the resident population of the ALF units do not drive.

The amendments being requested from the original CUP Ordinance No. 1005 are as follows:

Section 1 (1) Increase bed capacity from 8 residents to 9 residents for units 520/522 and 530/532 Lee Avenue and 527/535 Jackson Avenue by one resident each. (5) Remove the CUP non-assignable provision (6) Remove condition prohibiting nursing services, mental health patients, Alzheimer patients or related disorders.

Approval of Conditional Use PAB 7-18 by the City of Satellite Beach is still subject to approvals by the Agency of Health Care Administration (AHCA), Satellite Beach Fire Department and the Satellite Beach Building Department prior to occupancy.

Incl: Ord No. 1005, Ord No. 1017, CUP Application,

• Page 1

ORDINANCE NO. 1005

AN ORDINANCE OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SATELLITE BEACH TO PERMIT A CONDITIONAL USE FOR AN ASSISTED LIVING FACILITY FOR PROPERTY LOCATED AT 500/510, 520/522 AND 530/532 LEE AVENUE AND 505/515, 517 /525 AND 527/535 JACKSON AVENUE; DESCRIBED AS EAU GALLIE SHORES, LOTS 14-21, 24 AND 25, BLOCK 20; ZONED RM-1; PROVIDING SEVERALBILITY; PROVIDING EFFECTIVE DATE

WHEREAS, the Planning and Zoning Advisory Board conducted a public hearing and determined this amendment meets the requirements of the City's adopted Land Development Regulations; and

WHEREAS, the City Council, following all public hearings required by law preliminary to the adoption of this ordinance, has found and determined that this ordinance promotes the general health, safety and welfare of the City of Satellite Beach and its residents.

NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, as follows:

SECTION 1 ., The Official Zoning Map of the City of Satellite Beach is hereby amended to permit a Conditional Use as follows:

To locate a congregate living facility in RM-1 zoning district at 500/510, 520/522 and 530/532 Lee Avenue and 505/515, 520/522 and 530/532 Jackson Avenue; described as Eau Gallie Shores, Lots 14-21, 24 and 25, Block 20, contingent upon the following conditions:

1. Maximum occupancy shall be three residents per unit (six per building). For purposes of this ordinance only, a resident shall mean any person living in any of the properties subject to this ordinance, irrespective of such person's intent to make it that person's fixed and permanent home.

2. Maximum parking shall be four vehicles otherwise allowed in single-family residential zoning districts per building (two in the garage and two on the driveway).

3. Landscape enhancements as shown on the attached Landscape Plan approved by the Beautification Board shall be completed as follows:

A Prior to issuance of a certificate of occupancy for any building located on the properties subject to this conditional use, all front, side, and rear yard landscaping for each such building shall be planted in compliance with the


approved landscape plan. Such landscaping shall be maintained as required by City Code.

B. All landscape improvements as reflected in the approved landscape plan shall be completed no later than twenty-four months after the first certificate of occupancy is issued.

4. A separate plan review, together with inspections, shall be completed for each unit.

5. The conditional use is issued to the applicant and is not assignable. Any change in ownership shall require a review of the conditional use.

6. The conditional use granted by this ordinance is subject to and will become effective only upon the issuance of a license to operate an assisted living facility currently regulated by ch. 429, Florida Statutes, and any regulations promulgated there under. The granting of this conditional use for an assisted living facility shall not authorize the provision of nursing services or the placement of any mental health residents or Alzheimer's disease or related disorder residents as those terms and conditions are presently defined by Florida law.

7. Staff and residents shall be subject to Chapter 435, Florida Statutes, background screening.

8. The conditional use granted by this ordinanqe shall expire if not commenced within one year from the effective date of this ordinance. The effectiveness of this ordinance as to all of the properties subject to this ordinance shall not be affected as long as at least one of the buildings located on the properties subject to this ordinance is operating as a properly licensed and perm_itted _assisted living facility within one year from the effective date of this ordinance. ·

9. The City granted this conditional us·e based upon the conditions set forth in this ordinance and the state regulations governing assisted living facilities in effect on the date of adoption of this ordinance. It is intended such state regulations be incorporated in this ordinance. The express conditions of this ordinance and such state regulations create the minimum requirements for operation of the conditional use on the properties subject to this ordinance. Any future change in any such state regulations shall not govern the operation of the conditional use authorized by this ordinance unless those future regulations meet, exceed or are more restrictive that the regulations in effect on the date of adoption of this ordinance. Any violation of the conditions of this ordinance or any law or regulations governing the operation of an assisted living facility shall constitute cause for the revocation/rescission of this ordinance.

ORDINANCE NO.1005 PAGE3

10. The conditional use granted by this ordinance may be revoked by the City if, after public hearing on an ordinance to rescind said conditional use, it is determined that the terms of this conditional use are being violated.

SECTION 2. SEVERABILITY CLAUSE. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected thereby, and it will be presumed that the City Council for the City of Satellite Beach did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision thereby causing said remainder to remain in full force and effect.


SECTION 4. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption.

SECTION 5. This Ordinance was duly passed on first reading at a regular meeting of the City Council on the 5th day of November 2008, and adopted on the second and final reading at a regular meeting of the City Council on the 19th day of November 2008.

~= llf~ail) Barbara Montanaro, CM,City Clerk

C

I hereby cer~ty that this Is a true and accurate copyof,Qc IOan c~ /Jo I e:.05' adopted by the City Council of the City of Satellite Beach on-~ C':l ~ - [ q J ~ 0 0 Jt:_

\i?aa b 04 " >zb,/4,,,,y0 Barbara Montanaro, CMC City Clerk •

ORDINANCE NO. 1017

AN ORDINANCE OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SATELLITE BEACH TO PERMIT A CONDITIONAL USE FOR A CONGREGATE LIVING FACILITY FOR PROPERTY LOCATED AT 500/510, 520/522 AND 530/532 LEE AVENUE AND 505/515, 517/525 AND 527/535 JACKSON AVENUE; DESCRIBED AS EAU GALLIE SHORES, LOTS 14-21, 24 AND 25, BLOCK 20; ZONED RM-1; PROVIDING SEVERABILITY; PROVIDING EFFECTIVE DATE

WHEREAS, the City Council adopted Ordinance No. 1005 on November 11, 2008, permitting a conditional use for a congregate living facility, together with certain cond.itions, for property located at 500/510, 520/522, 530/532 Lee Avenue and 505/515, 517/525, 527/535 Jackson Avenue; and

WHEREAS, the City has received a request to amend the conditional use by increasing the number of residents from six to eight per building; and

WHEREAS, the Planning and Zoning Advisory Board conducted a public hearing and determined this amendment meets the requirements of the City's adopted Land Development Regulations; and

WHEREAS, the City Council, following all public hearings required by law preliminary to the adoption of this ordinance, has found and determined that this ordinance promotes the general health, safety and welfare of the City of Satellite Beach and its residents.

NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, as follows:

SECTION 1. Paragraph 1 of Section 1 or Ordinance No. 1005 is hereby amended to read as follows:

To locate a congregate living facility in RM-1 zoning district at 500/510, 520/522 and 530/532 Lee Avenue and 505/515, 517/525, and 527/535 Jackson Avenue; described as Eau Gallie Shores, Lots 14-21, 24 and 25, Block 20, contingent upon the following conditions:

1. Maximum occupancy shall be four residents per unit (eight per building). For purposes of this ordinance only, a resident shall mean any person living in any of the properties subject to this ordinance, irrespective of such person's intent to make it that person's fixed and permanent home.


SECTION 2. All remaining conditions of Ordinance No. 1005 shall remain in full force and effect.

SECTION 3. SEVERABILITY CLAUSE. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected thereby, and it will be presumed that the City Council for the City of Satellite Beach did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision thereby causing said remainder to remain in full force and effect.



SECTION 6. This Ordinance was duly passed on first reading at a regular meeting of the City Council on the 1ih day of June 2009, and adopted on the second and final reading at a regular meeting of the City Council on the 1st day of July 2009.

ATTEST:

'£a.A bCMc. Y1l crrlam@ c, Barbara Montanaro, CMC, City Clerk

CITY OF SATELLITE BEACH REQUEST FOR CONDITIONAL USE

FEE: $350 ESCROW: $400 br

,, . -,·1 ciJe:/J

1

• <;tj-9 ch iv [ / . NAME OF APPLICANT: ttlv-YG( V{,\ ~ ~V' leg Telephone: 5 &I -G l (:) - 76Jo

Address of Applicant: r,0 .. ~of- ?:. 9-2-Db5? ~J,c:j l;'k,; \2 G?.ch ~ ,? 24J=r ~~c{"-t_ (_ \j .

NAME OF OWNER(S): {:g,,l,z,q:vei_ ";¼ Cl.tvt.rkJ Telephone: 12 .. ) -- £lo,..... 10! G

Address of Owner : g 'D ' b ii t s ~(.,, ll 5?::i,J-<.J l \ 4-.-1>~4 0-- ]2}i] 'r

CONDITIONAL USE REQUESTED: _______________ _

\ V\_C..,V,f CJ 5 C, ~11\) 1 \ &. 1 'V! 1 c~ f ~1 L;+--, +Yo V\/\ :3 T'i:) q'

REASON FOR CONDITIONAL USE: -----------------

?is~ vt=7 c-0 sh

APPt~JANT'SSIGNATU~~ ~ ...

-f• ~;{4-r4t 111..v.:;J;l 1c4f SWORN TO AND SUBSCRIBED BEFORE ME THIS_!_DAYOF /,k.,n2 20.:.r BY ( kv,Ji, V"'; ',.:::,rdc \.::'<~J) i ! WHO IS PERSQN'J\.LLY-KNOWN TO ME OR WHO HAS Pf-ODqcED F C PL. AS .'tNTizyICAT)OG; ~~-L-// /

I I / J ---? (?,J / C,-,· ..• ,_.,.,

PROPERTY OWNER'S SlGNATURE:

SWORN TO AND SUBSCRIBED BEFORE ME THIS DAYOF _____ 20 BY -----------WHO IS PERSONALLY KNOWN TO ME OR WHO HAS PRODUCED ------AS IDENTIFICATION.

Notary Public

Amend Conditional Use

The purpose of this application to amend our conditional use is to remove two items and increase our building

capacity from 8 to 9.

Remove:

5. The conditional use is issued to the applicant and is not assignable. Any change in ownership shall require a review of the conditional use.

6. The conditional use granted by th is ordinance is subject to and will become effective only upon the issuance of a license to operate an assisted living facility currently regulated by ch. 429, Florida Statutes, and any regulations promulgated there under. The granting of this conditional use for an assisted living facility shall not authorize the provision of nursing services or the placement of any mental health residents or Alzheimers disease or related disorder residents as those terms and conditions are presently defined by Florida law.

Amend:

To locate a congregate living facility in RM~1 zoning district at 500/510, 520/522 and 530/532 Lee Avenue and 505/515, 517/525, and 527/535 Jackson Avenue; described as Eau Gallie Shores, Lots 14-21, 24 and 25, Block 20, contingent upon the following conditions:

1. Maximum occupancy shall be four residents per unit (eight per building). For purposes of this ordinance only, a resident shall mean any person living in any of the properties subject to this ordinance1 irrespective of such person's intent to make it that person's fixed and permanent home.

• Reason for Conditional Use

We offer great care for our residents and despite rising costs, have kept our pricing affordable. Every year we are very close to breaking even. Last year, due to the hurricane evacuation and damages, we lost $15,000 and struggled to pay our property taxes.

In order to sustain our operations, we have only a few options.

• Connect buildings and increase capacity

• Raise rates & Cut staffing

• Selling the property

The first option will require a lot of debt financing at unfavorable terms. It will also change who we are and what makes our community special. Raising rates will push families out of their homes and into nursing homes. Cutting staffing is not something we will do as a family.

Solution:

Increase capacity by 1 additional resident within each building to 9. This will give us the margin we need to operate, without taking on significant debt. Approval will allow us to give employees raises and bonuses and remain competitive with the industry. It will allow us to maintain a very high level of quality care without conforming to industry standards.

.. Sec. 30-419. - Conditional use.

(a) Application. By ordinance, the city council may approve a conditional use, which shall prescribe any conditions deemed necessary or desirable for the public interest. Any ordinance authorizing a conditional use sha!! be construed as allowing only the specifically named or described conditional use.

( 1)

(2)

(3)

To obtain a conditional use, a written application, signed by each owner of the property, shall be submitted, giving the property's legal description, the names and addresses of all owners of the

· property, the conditional use requested, and the reason therefor.

The application, together with a site plan meeting the requirements of this chapter, shall be submitted to the building official, who shall set a date for a public hearing before the planning and zoning advisory board.

All required documentation and fees shall be received within 30 days from receipt or the application will be returned to the applicant and not processed until complete application together with fees is received.

(b) Ctiteria for approval. No conditional use shall be recommended by the planning and zoning advisory board, or approved by the city council, unless a determination is made that the conditional use will not be injurious to the neighborhood or otherwise detrimental to the public welfare, and will be in harmony with the general purpose of this chapter. In making this determination, the planning and zoning advisory board and the city council shall consider the following:

(1)

(2)

(3)

(4)

(5)

(6)

Character and use of buildings in the vicinity; Character of buildings is residentiaf duplex used for residential senior living_ Surrounding properties are a mix of commercial, multifamily, and single family homes. The change in conditional use language doesn't affect the character and use of property,

Traffic to be generated by the conditional use and its impact on nearby properties; We are not increasing our capacity above the previously approved 48 beds. No additional traffic will be generated

· by the changes to the conditional use

Traffic conditions in the vicinity, including ingress and egress to property and proposed structures, particularly regarding automotive and pedestrian safety and convenience, traffic flow, and control and access in case of fire or other emergency. Traffic conditions in the vicinity of the property will not be affected by the change in the conditional use

Off-street parking and loading areas, particularly regarding the items described in (3) above. No additional parking will be required by the changes to the conditional use. Our residents do not have cars and family/friends vlsit at dlfferent times, There are usually extra spaces available.

Noise, glare, and odor effects of the conditional use on nearby properties, No additional noise, glare, or odor will be created by the changes to the conditional use

Adverse economic impacts of the conditional use on the value of nearby properties, No adverse economic impact will be caused to nearby properties by the changes to the conditional use

PLANNING ADVISORY BOARD REGULAR MEETING APPROVED MINUTES

JULY 23, 2018

Pursuant to Public Notice Chair Alex Rudloff convened a regular meeting of the Planning Advisory Board on Monday, July 23, 2018, at 7:00 p.m., in the Council Chamber. Board Members present were Chair Alex Rudloff, Vice-Chair David Daleiden, Alan LaMotte, Steven Terry, and Rebecca Van Meter. Board Members Paul Marchese and Peter Schefcick were absent. Also present were Building Official John Stone, City Manager Courtney Barker, City Attorney James Beadle, a planning consultant Rochelle Lawandales. and Recording Secretary Jackie Musiol.

Chair Rudloff led the Pledge of Allegiance.

The Board agreed to adjust the sequence of the agenda items.

(TIME 7:03 P.M.) PUBLIC HEARING: • PAB #06-18 - DISCUSS/MAKE RECOMMENDATIONS TO AMEND THE LAND

DEVELOPMENT REGULATIONS PERTAINING TO OCEANFRONT ZONING DISTRICT REQUIREMENTS AND COAST AL CONSTRUCTION CONTROL LINE SETBACKS.

Building Official Stone provided a brief overview on the work of Council in constructing the changes regarding proposed Ordinance No.1160. City Manager Barker provided a brief background on City code history. The City has been doing limited changes since 2009 and has adopted several code amendments. The reason is to protect the property and homes that are built there.

Rochelle Lawandales gave a detailed explanation of proposed Ordinance No.1160. Ordinance No. 1160 reflects a strong commitment to managed retreat from the effects of erosion, rising waters, and catastrophic events for properties lying east of A 1A. She stated that while the effects of many catastrophes, disasters, and acts of nature may be salvageable, the effects of erosion are not easily or feasibly recovered from, and once they have occurred, it may be irresponsible as a City to continue to issue building permits where vulnerabilities are so high. She asked that all participants please refer to her staff memo and related documents she has. provided in the meeting packet. She also mentioned that her comments were drawn from FEMA studies and regulations, and a study based on the impact of Hurricane Hugo, which struck South Carolina on September 22, 1989.

The Board discussed CCCL lines, number of variances allowed in relation to setbacks and protecting the dunes.

(TIME: 7:58 P.M.) The following Satellite Beach residents addressed the Board: • Ron Jurgutis, 620 Ocean Street, stated that citizens only had a few days to study the

packet. He noted that there are a lot of questions, and these issues are affecting many residents that are gone right now. He feels citizens need more of a chance to go over the options.

• Robert Kerrigan, 632 Ocean Street, asked questions about breezeway requirements being affected by the proposed ordinance.

• Dale Abrahams, 620 Ocean Street, stated that she thinks the residents need more time to go through the new proposed Ordinance No.1160 because it is very important.

PLANNING ADVISORY BOARD MINUTES JULY 23, 2018 Regular Meeting PAGE 2

• Cliff Repperger, Jr., attorney with Rossway Swan, representing the residents at 1687 Highway A1A, stated that his clients have requested that the ordinance be tabled because lack of time allowed for examining the packet.

The Board discussed erosion provision in code, rebuilding BFE, and renourishment issues.

City Manager Barker agreed to allow the public more time to perform their reviews and will allow code adaptation to be tabled until next meeting.

ACTION: Steven Terry MOVED, SECOND by David Daleiden, to table agenda item until August 20, 2018, proposed Ordinance No.1160 amending the Land development regulations pertaining to oceanfront zoning district requirements and coastal construction control line setbacks. VOTE: ALL YES. MOTION CARRIED.

(TIME 8:45 P.M.) PUBLIC HEARING: • PAB #07-1 - DISCUSS/MAKE RECOMMENDATIONS TO AMEND THE REQUIREMENTS

OFCONDl'rlONAL USE FOR 520 AND 530 LEE AVENUE AND 535 JACKSON AVENUE OCEAN BREEZE ASSISTED LIVING FACILITY.

Discussion opened by Building Official Stone. He stated that the Stockstills are asking for an increase in capacity to accommodate more residents and to keep their rates reasonable.

The applicants' representative Kalei and Cheryl Stockstill spoke about their request for conditional use and the reason for the request being to: 1 ). Modify buildings and increase capacity; 2). Increase services to residents; 3) To meet state requirements in caring for memory care patients; 4) To remove non-assignable CUP condition.

The Board discussed egress issues.

Chair Rudloff asked for public comments; there were no comments.

ACTION: Steven Terry MOVED, SECOND by Alan LaMotte, to recommend approving to amend the requirements of conditional use 520 and 530 Lee Avenue and 535 Jackson Avenue Ocean Breeze Assisted Living Facility. VOTE: ALL YES. MOTION CARRIED.

(TIME 9:01 P.M.) APPROVAL OF MINUTES: MAY 21, 2018 ACTION: Alan LaMotte MOVED, SECOND by Steven Terry, to approve the minutes of the May 21, 2018 meeting as presented. VOTE: ALL YES, MOTION CARRIED.

The next regular meeting is scheduled for August 20, 2018.

Chair Rudloff adjourned the meeting at 9:02 p.m.

Jackie Musial Recording Secretary


DISCUSS/TAKE ACTION ON RESOLUTION NO. 1006, A RESOLUTION OF THE CITY

OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, IMPOSING AN ANNUAL

STORMWATER UTILITY ASSESSMENT FOR THE FISCAL YEAR BEGINNING

OCTOBER 1, 2018, AGAINST All REAL PROPERTY WITHIN THE CITY LIMITS OF

SATELLITE BEACH, BREVARD COUNTY, FLORIDA; PROVIDING FOR

CLASSIFICATIONS OF PROPERTY; PROVIDING FOR CERTIFICATION OF ANNUAL

STORMWATER UTILITY ASSESSMENT ROLL; PROVIDING AN EFFECTIVE DATE

To:

From:

Meeting Date:

Department:


City Clerk Leonor Olexa

9/5/2018

City Clerk

Recommended Action: Adopt Resolution No. 1006.

Background: City Code Section 52-6 requires the Council to certify the Stormwater Assessment Roll on or before the 15th day of September each year. Brevard County has provided the 832-page report via email. The report shows 5,245 accounts to be billed for a total of $1,009,504.58.

Resolution No. 1006 was advertised in the Florida Today legal ads on August 16 and August 30.

Summary: Resolution No. 1006 establishes the annual Stormwater Utility Assessment, provides for classifications of properties, and certifies the Stormwater Assessment Roll for Fiscal Year beginning October 1, 2018. The proposed Equivalent Residential Unit for single-family remains at $200.00 for FY 18/19.

Budget Impacts: N/ A

Attachments:

• City Code Section 52-6

• Pages 1-2, 416-417, and 831-832 of the Assessment Roll

• Resolution No. 1006


Satellite Beach, FL Code of Ordinances Page 1 of 1

Sec. 52-6. - Preparation and certification of annual stormwater utility assessment roll to tax collector.

(a) On or before the fifteenth day of September of each year, the city shall cause to be

prepared an annual stormwater utility assessment roll based on information

provided by the Brevard County property appraiser. Such roll shall contain a

summary description of each parcel of real property within the designated

stormwater management system benefit area(s), the name and address of the

owner of each such parcel, the rate classification applicable to each parcel of real

property as specified in the rate resolution and the amount of the annual

stormwater utility fee or assessment applicable to each parcel of real property. The

summary description of each parcel of real property shall be in such detail as to

permit ready identification of each parcel on the real property assessment roll.

(b) The city council shall, at any regular or special meeting held on or before the

fifteenth day of September of each year, review the annual stormwater utility

assessment roll prepared by the city manager for its conformity with the rate

resolution provided for in section 52-5. The city council shall make such changes or

additions as necessary to conform such roll with the rate resolution. Upon the

completion of such review, if the city council shall be satisfied that the annual

stormwater utility assessment roll has been prepared in conformity with the rate

resolution, it shall ratify and confirm such roll and certify the roll to the tax

collector for appropriate action.

(c) In the event that any classification of real property designated in the rate

resolution requires an individual calculation of the annual stormwater utility

assessment, the city shall calculate and determine such annual stormwater utility

assessment.

(Ord. No. 681, § 1, 7-2-97)

8/31/2018

Parcel Id Tax Acct

26 3726-00-9 2608341

PART OF SECT AS DESC IN ORB 5322 PG 4438 EXC ORB 5322 PG 4451, 5571 PG 3964, 5571 PG 3980, 5693 PG 7944, ORB 7450 PG 2184

SAM City Assessment Roll

Millage Code

41MO

2018 Stormwater Assessment for Satellite Beach

Use Code

ERU Exempt

Adm Adj

Maint Credit

Design Credit

0352 0%

GARDEN APARTMENTS - 1 STORY - 50 UNITS AND UP

60 HIBISCUS AVE, Unit: B, SATELLITE BEACH, FL 32937 30 HIBISCUS AVE, Unit: B, SATELLITE BEACH, FL 32937 30 HIBISCUS AVE, Unit: A, SATELLITE BEACH, FL 32937 60 HIBISCUS AVE, Unit: A, SATELLITE BEACH, FL 32937 50 HIBISCUS AVE, Unit: A, SATELLITE BEACH, FL 32937 50 HIBISCUS AVE, Unit: B, SATELLITE BEACH, FL 32937 40 HIBISCUS AVE, Unit: A, SATELLITE BEACH, FL 32937 40 HIBISCUS AVE, Unit: B, SATELLITE BEACH, FL 32937 35 HIBISCUS AVE, Unit: A, SATELLITE BEACH, FL 32937 35 HIBISCUS AVE, Unit: B, SATELLITE BEACH, FL 32937 15 HIBISCUS AVE, Unit: A, SATELLITE BEACH, FL 32937 15 HIBISCUS AVE, Unit: B, SATELLITE BEACH, FL 32937 5 OHIO ST, Unit: A, SATELLITE BEACH, FL 32937 5 OHIO ST, Unit: B, SATELLITE BEACH, FL 32937 115 HIBISCUS AVE, Unit: A, SATELLITE BEACH, FL 32937 115 HIBISCUS AVE, Unit: B, SATELLITE BEACH, FL 32937 130 S PALM DR, Unit: A, SATELLITE BEACH, FL 32937 130 S PALM DR, Unit: B, SATELLITE BEACH, FL 32937 120 S PALM DR, Unit: A, SATELLITE BEACH, FL 32937 120 S PALM DR, Unit: B, SATELLITE BEACH, FL 32937 110 S PALM DR, Unit: A, SATELLITE BEACH, FL 32937 110 S PALM DR, Unit: B, SATELLITE BEACH, FL 32937 135 S PALM DR, Unit: A, SATELLITE BEACH, FL 32937 135 S PALM DR, Unit: B, SATELLITE BEACH, FL 32937 125 S PALM DR, Unit: A, SATELLITE BEACH, FL 32937 115 S PALM DR, Unit: B, SATELLITE BEACH, FL 32937 125 S PALM DR, Unit: B, SATELLITE BEACH, FL 32937 115 S PALM DR, Unit: A, SATELLITE BEACH, FL 32937 30 S PALM DR, Unit: A, SATELLITE BEACH, FL 32937 30 S PALM DR, Unit: B, SATELLITE BEACH, FL 32937 25 S PALM DR, Unit: B, SATELLITE BEACH, FL 32937 25 S PALM DR, Unit: A, SATELLITE BEACH, FL 32937 20 E PALM DR, Unit: A, SATELLITE BEACH, FL 32937 20 E PALM DR, Unit: B, SATELLITE BEACH, FL 32937 10 E PALM DR, Unit: A, SATELLITE BEACH, FL 32937 10 E PALM DR, Unit: B, SATELLITE BEACH, FL 32937 10 S PALM DR, Unit: A, SATELLITE BEACH, FL 32937 10 S PALM DR, Unit: B, SATELLITE BEACH, FL 32937 5 E PALM DR, Unit: A, SATELLITE BEACH, FL 32937

0%

Page 1 of 832

Imp Area

143,228

Acres

27.45

Gross Area

1,195,722.00

Bill Bill Amount Class

$11,000.00 R

Owner Address

WOODSHIRE-BREVARD LLC 50 PALM EMEMPHIS TN 38120

Data Date: 6/5/2018 9:39:24 AM



5 E PALM DR, Unit: 8, SATELLITE BEACH, FL 32937 15 E PALM DR, Unit: A, SATELLITE BEACH, FL 32937 15 E PALM DR, Unit: 8, SATELLITE BEACH, FL 32937 20 S PALM DR, Unit: A, SATELLITE BEACH, FL 32937 20 S PALM DR, Unit: 8, SATELLITE BEACH, FL 32937 25 E PALM DR, Unit: A, SATELLITE BEACH, FL 32937 25 E PALM DR, Unit: 8, SATELLITE BEACH, FL 32937 30 E PALM DR, Unit: A, SATELLITE BEACH, FL 32937 30 E PALM DR, Unit: 8, SATELLITE BEACH, FL 32937 35 E PALM DR, Unit: A, SATELLITE BEACH, FL 32937 35 E PALM DR, Unit: 8, SATELLITE BEACH, FL 32937 40 E PALM DR, Unit: A, SATELLITE BEACH, FL 32937 40 E PALM DR, Unit: 8, SATELLITE BEACH, FL 32937 45 E PALM DR, Unit: A, SATELLITE BEACH, FL 32937 45 E PALM DR, Unit: 8, SATELLITE BEACH, FL 32937 50 E PALM DR, Unit: A, SATELLITE BEACH, FL 32937 50 E PALM DR, Unit: 8, SATELLITE BEACH, FL 32937 55 E PALM DR, Unit: A, SATELLITE BEACH, FL 32937 55 E PALM DR, Unit: 8, SATELLITE BEACH, FL 32937 60 E PALM DR, Unit: A, SATELLITE BEACH, FL 32937 60 E PALM DR, Unit: 8, SATELLITE BEACH, FL 32937 65 E PALM DR, Unit: A, SATELLITE BEACH, FL 32937 65 E PALM DR, Unit: 8, SATELLITE BEACH, FL 32937 70 E PALM DR, Unit: A, SATELLITE BEACH, FL 32937 70 E PALM DR, Unit: 8, SATELLITE BEACH, FL 32937 75 E PALM DR, Unit: A. SATELLITE BEACH, FL 32937 75 E PALM DR, Unit: 8, SATELLITE BEACH, FL 32937 80 E PALM DR, Unit: A, SATELLITE BEACH, FL 32937 85 E PALM DR, Unit: A, SATELLITE BEACH, FL 32937 85 E PALM DR, Unit: 8, SATELLITE BEACH, FL 32937 80 E PALM DR, Unit: B, SATELLITE BEACH, FL 32937 95 E PALM DR, Unit: A, SATELLITE BEACH, FL 32937 95 E PALM DR, Unit: 8, SATELLITE BEACH, FL 32937 5 N PALM DR, SATELLITE BEACH, FL 32937 15 N PALM DR, Unit: A, SATELLITE BEACH, FL 32937 15 N PALM DR, Unit: 8, SATELLITE BEACH, FL 32937 25 N PALM DR, Unit: A, SATELLITE BEACH, FL 32937 25 N PALM DR, Unit: B, SATELLITE BEACH, FL 32937 105 N PALM DR, Unit: A, SATELLITE BEACH, FL 32937 105 N PALM DR, Unit: 8, SATELLITE BEACH, FL 32937 115 N PALM DR, Unit: A, SATELLITE BEACH, FL 32937 115 N PALM DR, Unit: 8, SATELLITE BEACH, FL 32937 120 N PALM DR, Unit: A, SATELLITE BEACH, FL 32937 120 N PALM DR, Unit: 8, SATELLITE BEACH, FL 32937 15 OHIO ST, Unit: A, SATELLITE BEACH, FL 32937 15 OHIO ST, Unit: 8, SATELLITE BEACH, FL 32937 20 OHIO ST, Unit: A, SATELLITE BEACH, FL 32937 20 OHIO ST, Unit: 8, SATELLITE BEACH, FL 32937 10 OHIO ST, SATELLITE BEACH, FL 32937

Page 2 of 832 Data Date: 6/5/2018 9:39:24 AM

BLUE WAVE CONDO UNIT 108 BLUE WAVE CONDOMINIUM AS DESC IN ORB 5629 PG 5827 AND ALL AMENDMENTS THERETO

26 3735-01-9-7.09 2628676


26 3735-01-9-7.10 2628677


26 3735-01-9-7.11 2628678


26 3735-01-9-7.12 2628679


26 3735-01-9-7.13 2628680



41M0

41M0

41M0

41M0

41M0


CONDOMINIUM UNIT

130 ROOSEVELT AVE, Unit: 108, SATELLITE BEACH, FL 32937

0414 17% 0% 833

CONDOMINIUM UNIT

130 ROOSELVELT AVE, Unit: 201, SATELLITE BEACH, FL 32937

0414 17% 0% 833

CONDOMINIUM UNIT


0414 17% 0% 833

CONDOMINIUM UNIT


0414 17% 0% 833

CONDOMINIUM UNIT


0414 17% 0% 833

CONDOMINIUM UNIT


Page 416 of 832

0.03 1,306.80 $83.00 B BLUE WAVE PARTNERS LLC 130 ROOSELVELT COCOA BCH FL 32931

0.03 1,306.80 $83.00 B BLUE WAVE PARTNERS LLC 130 ROOSEVELT COCOA BCH FL 32931




Data Date: 6/5/2018 9:39:24 AM

* revard 2018 Stormwater Assessment for Satellite Beach :,;~ ,~ ... , ,,; :.· ~;

0414 17% 0% 833 0.03 1,306.80 $83.00 B BLUE WAVE PARTNERS LLC

26 3735-01-9-7.14 2628681 41M0 130 ROOSEVELT COCOA BCH FL 32931

BLUE WAVE CONDO UNIT 206 BLUE WAVE CONDOMINIUM UNIT CONDOMINIUM AS DESC IN ORB 5629 PG 5827 AND ALL AMENDMENTS THERETO


17% 0% 833 0.03 1,306.80 $83.00 B BLUE WAVE PARTNERS LLC

26 3735-01-9-7.15 2628682 41M0 0414 130 ROOSEVELT COCOA BCH FL 32931



41M0 0414 17% 0% 833 0.03 1,306.80 $83.00 B BLUE WAVE PARTNERS LLC

26 3735-01-9-7.16 2628683 130 ROOSEVELT COCOA BCH FL 32931



2628684 41M0 0949 17% 0% 0 0.48 20,908.80 $0.00 N N/A - CONDO COMMON AREA

26 3735-01-9-7.XA UNKNOWN 0 00000

BLUE WAVE CONDO BLUE WAVE NON-TAXABLE CONDOMINIUM COMMON AREA CONDOMINIUM CONDO COMMON AREA AS DESC IN ORB 5629 PG 5827 AND ALL AMENDMENTS THERETO

Vacant

0% 0% 0 0.23 10,018.80 $0.00 N MONTECITO COMMUNITY DEVELOPMENT

26 3726-32-A 2628939 41M0 0903 UNKNOWN ST AUGUSTINE FL 32804

MONTECITO PHASE 1A TRACT A (COMMON Vacant Residential Common Area AREA & DRAINAGE)

Vacant

41M0 0903 0% 0% 0 0.66 28,749.60 $0.00 N MONTECITO COMMUNITY DEVELOPMENT

26 3726-32-B 2628940 UNKNOWN ST AUGUSTINE FL 32804

MONTECITO PHASE 1A TRACT B (COMMON Vacant Residential Common Area AREA & DRAINAGE)

Vacant

SAM City Assessment Roll Page 417 of 832 Data Date: 6/5/2018 9:39:24 AM

~* ~r~y~rq 2018 Stormwater Assessment for Satellite Beach

MONTECITO PHASE 2C TRACT X (COMMON Vacant Residential Common Area OPEN AREAS, INSTALLATION & MAINTENANCE OF DRAINAGE FACILITIES, LANDSCAPING & UTILITIES)

Vacant

26 3726-37-•-Y 3016483 41M0 0903 0% 0% 0 0.15 6,534.00 $0.00 N MONTECITO CDD HOLDINGS INC UNKNOWN TAMPA FL 33629

MONTECITO PHASE 2C TRACT Y (COMMON Vacant Residential Common Area OPEN AREAS, INSTALLATION & MAINTENANCE OF DRAINAGE FACILITIES, LANDSCAPING & UTILITIES)

Vacant

26 3726-37-·-z 3016484 41M0 0903 0% 0% 0 0.48 20,908.80 $0.00 N MONTECITO CDD HOLDINGS INC UNKNOWN TAMPA FL 33629

MONTECITO PHASE 2C TRACT Z (COMMON Vacant Residential Common Area OPEN AREAS, INSTALLATION & MAINTENANCE OF DRAINAGE FACILITIES, LANDSCAPING & UTILITIES)

Vacant

27 3701-50-D-12 3016954 41M0 0121 0% 0% 0 0.15 6,534.00 $100.00 M HESHMATI, NIMA UNKNOWN SATELLITE BEACH FL 32937

EAU GALLIE BY THE SEA LOT 12 BLK D 1/2 DUPLEX USED AS SFR

Vacant

3017123 41M0 1125 0% 0% 0 0.00 0.00 $2.35 E UNKNOWN

USE FOR NEXT SPLIT CONVENIENCE STORE

Vacant

SAM City Assessment Roll Page 831 of 832 Data Date: 6/5/2018 9:39:24 AM

Total Count: 5,245

Bill Class Count Amount

B 1,194 $118,754.00



Exemption Count: 175 (included in Total Count) (Exemption Codes A, B, N, S, T, X or Bill Class N, T)

Bill Class Count

E 126

2

M 192

Amount

$168,536.66

$1,111.76

$31,632.00

Bill Class

N

R

s

Page 832 of 832

Total Billing Amount: $1,009,504.58

Count

170

8

Amount

$0.00

$20,406.00

3,330 $665,932.00

Bill Class

T

V

Count

1

222

$0.00

$3,132.16

Data Date: 6/5/2018 9:39:24 AM

RESOLUTION NO. 1006

A RESOLUTION OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, IMPOSING AN ANNUAL STORMWATER UTILITY ASSESSMENT FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018, AGAINST ALL REAL PROPERTY WITHIN THE CITY LIMITS OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA; PROVIDING FOR CLASSIFICATIONS OF PROPERTY; PROVIDING FOR CERTIFICATION OF ANNUAL STORMWATER UTILITY ASSESSMENT ROLL; PROVIDING AN EFFECTIVE DATE

WHEREAS, Section 52-5 of the Code of Ordinances of the City of Satellite Beach provides that on or before the fifteenth day of September of each year, the City Council shall hold a public hearing to adopt a rate resolution for the purpose of imposing the stormwater utility fee or assessment upon the owners of all real property located within the designated stormwater management system benefit area. Such rate resolution shall incorporate a schedule of rates and classifications of all affected real property in the designated stormwater management system benefit areas; and

WHEREAS, the City Council will hold a public hearing to adopt a budget for the operation and maintenance of City's stormwater management program for the ensuing fiscal year; and

WHEREAS, this rate resolution provides sufficient revenues to fund the budget adopted for the operation and maintenance of the City's stormwater management program; and

WHEREAS, Exhibit A of this Resolution provides a Schedule of Rates and Classifications specifying the amount and calculation of annual stormwater utility fee or assessment imposed within the City for the fiscal year beginning October 1, 2018; and

WHEREAS, the City Council is satisfied that the annual Stormwater Utility Assessment Roll has been prepared in conformity with the said Schedule of Rates and Classifications.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Satellite Beach, Brevard County, Florida, as follows:

Section 1. The City Council does hereby adopt the Schedule of Rates and Classifications attached to this Resolution as Exhibit A for all property located within the City of Satellite Beach.

Section 2. It is intended by the City Council that this Resolution constitutes the rate resolution specified in Section 52-5 of the Code of Ordinances of the City of Satellite Beach.

RESOLUTION NO. 1006 PAGE2

Section 3. The City Council hereby ratifies, confirms, and certifies that the annual Stormwater Utility Assessment Roll for the fiscal year beginning October 1, 2018, is in conformity with the Schedule of Rates adopted by the City Council.

Section 4. A certified copy of this rate resolution shall be delivered to the Brevard County Tax Collector.

Section 5. Those stormwater utility assessments imposed during the fiscal year beginning October 1, 2018, shall be billed and collected by the City or its authorized representative, pursuant to the provisions of Sections 52-7 and 52-8 of the Code of Ordinances of the City and shall be due and payable on November 1 of each year pursuant to law.

Section 6. All resolutions or parts of resolutions in conflict herewith are hereby repealed.

Section 7. This Resolution shall be in full force and effect in accordance with the Charter of the City of Satellite Beach.

Section 8. This Resolution was adopted at a regular meeting of the City Council on the __ day of ________ , 2018.


ATTEST:

LEONOR OLEXA, CMG, CITY CLERK

RESOLUTION NO. 1006 EXHIBIT A

SCHEDULE OF RATES AND CLASSIFICATIONS FOR ANNUAL STORMWATER UTILITY ASSESSMENT FOR THE CITY OF SATELLITE BEACH BEGINNING OCTOBER 1, 2018 (See Tables for land use categories)

BILLING CLASSIFICATIONS

A- Agricultural: Any property without structures which is used for agricultural pursuits, and is designated as agricultural on the Brevard County Property Appraiser's records.

Bunit.

Condominium: Any parcel identifying an individual condominium or townhouse

D- Multiple Single Family Dwelling Units: Any property upon which is located more than one building or structure, each of which is designed and constructed for, and capable for use as a residence for one family.

E- Commercial: Any lot or parcel upon which is located any structure or facility designed for business related uses (other than as single family dwelling unit).

I- Industrial: Any lot or parcel upon which there is a structure or building for use as productive enterprises and/or manufacturing activities.

M- Multifamily Dwelling: Any property upon which is located any building or structure, consisting of more than one dwelling unit, each designed for occupancy for one family.

N- Non-Billable: Those parcels or lots which are right-of-way, State or Federal lands or properties designated by the Stormwater Utility to receive an assessment through other means than the Tax Notice.

R- Mixed Use Residential: Any lot or parcel which contains more than one use, including one or more Single family dwellings in conjunction with more than one multifamily unit, each unit being assessed at its corresponding billing class ERU calculation.

S- Single Family Dwelling: Any property upon which is located any building or structure designed or constructed for, and capable for use as a residence for one family and is erected on a separate lot or parcel.

T- Vacant Natural: Any lot or parcel which is unaltered, contains no structures, and has not been designated as Agricultural (A) or Non-Billable (N). These parcels may be determined on a case-by-case basis.

V- Vacant Altered: Any lot or parcel which contains no structures, is not designated as Agricultural (A) or Non-Billable (N), and has been modified from its natural state. These parcels will be determined on a case-by-case basis.

Y- Vacant Improved: Any lot or parcel which is not designated as agricultural or nonbillable, and has been either graded, cleared, compacted and/or excessively landscaped.

RESOLUTION NO. 1006 EXHIBIT A PAGE2

H- All Else: Any lot or parcel which has not been classified under one of the above billing classes due to its unique land use. The assessment for these parcels will be calculated individually.

RESOLUTION NO. 1006 EXHIBIT A PAGE 3

RATES:

$200 per ERU per year

An ERU or Equivalent Residential Unit for the purpose of calculating service charge rates has been determined through engineering analysis to be 2,500 square feet of effective impervious area on a county-wide basis. The value for Satellite Beach is 3,000 square feet.

The following is a list of the terms used in the rate calculation formulas given below:

G = I = M = N = NI = 0.20 = 0.90 = 0.03 = 0.40 = 0.60 =

gross area of parcel in sq. feet impervious area of parcel in sq. feet mitigation factor with a range of 0.3 to 1, and an increment of 0.01 number of dwelling units or hook-ups adjustment factor for alteration of pervious surfaces pervious factor coefficient impervious factor coefficient pervious factor coefficient for agricultural use only infiltration factor for agricultural land use cover for good soil condition average runoff coefficient for open space for average soil condition

A- Agricultural

G X 0.03 X 0.4 #ERU's =

2500 sq feet

Billing = #ERU's x $200 x M

B- Condominium

D-

The billing amount is calculated for each unit as a fraction of an ERU. Billing = 1 ERU x 0.50 x $200 x M

Multiple Single Family Dwelling Units

Billing = 1 ERU x N X $200 x M


E- Commercial

NI= Ix 1.25

#ERU's Commercial =

#ERU's Vacant Altered =

[(NI-I) x 0.2] +(Ix 0.9)

2500 sq. ft.

(G-NI) x 0.03 x 0.40

2500 sq. ft.

PAGE4

Billing = (#ERU's Commercial + #ERU's Vacant Altered) x $200 x M

I- Industrial

M-

N

R-

S-

T-

NI= Ix 1.25

#ERU's Commercial = [(NI-I) x 0.2] +(Ix 0.9)

2500 sq. ft.

(G - NI) x 0.03 x 0.60 #ERU's Vacant Improved = --------------------------

2500 sq. ft.

Billing =(#ERU's Commercial + #ERU's Vacant Improved) x $200 x M

Multifamily Dwelling

Billing= 1 ERU x 0.50 x N x $200 x M

Non-Billable No bills generated for these land uses.

Mixed Use Residential

Billing= (Sum of S, M, B, D ERUs) x $200 x M

Single Family Dwelling

Billing = 1 ERU x $200 x M

Vacant Natural No bills generated for these lands

V- Vacant Altered

#ERU's =

Billing=

G X 0.03 X 0.4

2500 sq. feet

#ERU's x $200 x M

RESOLUTION NO. 1006 EXHIBIT A PAGES

Y- Vacant Improved

(G X 0.03 X 0.60) +(IX 0.9) ERU's = ----------------------------

2500 sq ft.

Billing = #ERU's x $200 x M

H- All Else

The assessments for the parcels that fall under this category will be determined on an individual basis. One of the formulas provided will be used to calculate the assessment for each parcel according to its land use.

In order to adjust billing rates for the actual Satellite Beach ERU value, all non-residential categories shall be multiplied by a mitigation factor of .83 and all residential categories shall be 1.

For any of the above categories (except Non-Billable and Vacant), the minimum billing is set at $2.35 per parcel.


SINGLE FAMILY

BILLING CLASS

s s s D s s s s D D s s s s s s s s s s s s s

MULTIFAMILY

M B B M B B M M M B M M M

USE CODE

0110 0212 0213 0218 0237 0238 0422 0525 0817 0819 5110 5210 6010 6110 6210 6310 6410 6510 6610 6640 6680 6810 6910

0134 0135 0414 0421 0439 0515 0820 0830 0831 2020 2890 2891 2892

TABLE 1 RESIDENTIAL LAND USES

USE CODE DESCRIPTION

Single Family Residence Mobile Home-Single Width Mobile Home-Double Width 2 or More Mobile Homes (not a park) Mobile Home Rental Lt W/lmprov (W/Mobile Home) Mobile Home Rental Lt W/lmprov (No Mobile Home) Condominium - Mobile Home Mobile Home Co-op Improved House & Mobile Home(s) 2 or More Houses Cropland-Soil Capability Class I wlresidence Cropland-Soil Capability Class II w/residence Grazing Land-Soil Capability Class I wires Grazing Land-Soil Capability Class II wires Grazing Land-Soil Capability Class Ill wires Grazing Land-Soil Capability Class IV wires Grazing Land-Soil Capability Class V wires Grazing Land-Soil Capability Class VI wires Orchard Groves-All Groves wires Orchard Groves-Part Grove, Part N/Planted wires Combination-Part Orchard Groves & Part Pasture Land wires Dairies wires Nurseries wires

Townhouse-More Than 1 Unit Townhouse Condominium Unit Timeshare Condo Condominium-Recreational Vehicle Cooperative Duplex Triplex Quadruplex Condo-Misc.(not covered by another code) Trailer Park-1 to 50 spaces/rentals Trailer Park-51 to 100 spaces/rentals Trailer Park-101 & more spaces/rentals

PAGE 6


TABLE 2 COMMERCIAL LAND USES

COMMERCIAL

BILLING USE USE CODE DESCRIPTION CLASS CODE E 0351 Multiple Unit Apt-10 units or more E 0616 Retirement Home E 0700 Migrant Camps, Boarding Homes, etc. E 0840 Court E 0850 Multiple Unit Apt- >4 units & <10 units E 1100 Store-if no other code applies E 1110 Stores-Strip Centers (2 or more units) E 1120 Condominium/store E 1125 Convenience store E 1130 Convenience store w/gas pump E 1137 Commercial shell building (condo) E 1138 Commercial shell building (other) E 1210 Commercial & residential facilities E 1300 Department store E 1400 Supermarket E 1500 Shopping Center-regional E 1600 Shopping Center-community E 1610 Shopping Center-neighborhood E 1700 Office Building-1 story E 1785 Condominium Office Unit E 1800 Office Building-multistory E 1900 Professional Bldg-1 story (medical/dental) E 1910 Professional Bldg-2 or more stories (med/dent) E 1920 Day Care Center E 1930 Barber Shop/Beauty Shop E 1940 Radio or TV Station E 2100 RestauranUCafeteria E 2104 Condominium-Restaurant E 2110 Fast Food Restaurant E 2300 Financial Institution E 2310 Financial Institution-Branch Facility E 2400 Insurance Co-Office

PAGE 7

E 2500 Service Shop, Radio & TV Repair, Refrigeration Service, Paint Shop, Electric Repair, Laundries

E 2600 Service Station E 2700 Dealership Sales/Service Center E 2710 Garage/ Autobody E 2720 Car Wash E 2800 Parking LoUCommercial E 2810 Parking LoUPatron E 2900 Wholesale Outlet E 2910 Produce House E 2920 Manufacturing Outlet E 3000 Florist E 3010 Greenhouse E 3020 Nursery (non-agric. classification) E 3100 Theatre (drive-in) E 3200 Auditorium (enclosed) E 3210 Theatre ( enclosed) E 3300 Night Club E 3310 Cocktail Lounge

RESOLUTION NO. 1006 EXHIBIT A PAGES

E 3320 E 3400 E 3410 E 3420 E 3430 E 3500 E 3693 E 3700 E 3820 E 3960 E 3961 E 3970 E 3972 E 3980 E 4800

E 4810 E 4820 E 7100 E 7200 E 7210 E 7211 E 7220 E 7230 E 7300 E 7310 E 7400 E 7500 E 7510 E 7700 E 7710 E 7720 E 7841 E 8400 E 8500 E 9100 E 9120 E 9140 E 9170 E 9465

INDUSTRIAL

4100

4200

4300 4400 4500 4600

4700

4710 4900

Bar Bowling Alley Skating Rink Pool Hall Arena ( enclosed) Tourist Attraction Labor Camp Race Track/Wagering Attraction Country Club/Support Facilities Hotel Hotel with Restaurant Motel Motel with Restaurant Resort Warehousing, Distribution Terminal, Trucking Terminal, Van & Storage Warehousing . Mini-Warehousing Condominium-warehousing Church School private School-private-church owned Church owned educational building College-private Fraternity or Sorority Home Hospital-general-privately owned Clinic Home for the Aged Orphanage Childrens Home Club Lodge Union Hall Convalescent Home (nursing home) College Hospital Utility-Gas Companies-Improved Utility-Electric Companies-Improved Utility-Tel & Tel-Improved Water & Sewer Service Improvement not suitable to any other code

Light Manufacturing, Small Equip. Mfg. Plants, Small Machine Shops, Instrument Mfg., Printing Plants Heavy Industrial, Heavy Equip. Mfg., Large Machine Shops, Foundries, Steel Fab. Plants, Auto & Aircraft Plants Lumber Yard, Sawmill, Planing Mill Packing Plant, Fruit & Veg, Meat Pck Plant Canneries, Fruit & Vegetable, Bottlers & Brewers, Distilleries, Wineries Other Food Processing, Candy Factories, Bakeries, Potato Chip Factories Mineral Processing, Phosphate Processing Refinery, Clay Plant, Rock & Gravel Plant Concrete/Asphalt Plant Open Storage, New & Used Building Supplies, Junk Yards, Auto Wrecking, Fuel Storage, Equipment and Material Storage


AGRICULTURAL

BILLING USE CLASS CODE

A 5100 E 5120 A 5200 E 5220 A 5300 E 5310 E 5320 A 5400 A 5500 A 5600 A 5700 A 5800 A 5900 A 6000 E 6020

A 6100 E 6120

A 6200 E 6220

A 6300 E 6320

A 6400 E 6420

A 6500 E 6520 A 6600 E 6620 A 6630 E 6650

A 6660 E 6670

A 6700 A 6710 E 6800 A 6820 A 6900 E 6920

TABLE 3 VACANT LAND USES


Cropland-Soil Capability Class I Vacant Cropland-Soil Capability Class I with Buildings Other than Residence Cropland-Soil Capability Class II Vacant Cropland-Soil Capability Class II with Buildings Other than Residence Mangos/Avocados Mangos/Avocados with Buildings Cropland-Soil Capability Class Ill with Buildings Other than Residence Timberland-Site Index 1 Timberland-Site Index 2 Timberland-Site Index 3 Timberland-Site Index 4 Timberland-Site Index 5 Timberland-Not Classified by Site Index to Pines Grazing Land-Soil Capability Class I Vacant Grazing Land-Soil Capability Class I with Buildings Other than Residence Grazing Land-Soil Capability Class II Vacant Grazing Land-Soil Capability Class II with Buildings Other than Residence Grazing Land-Soil Capability Class Ill Vacant Grazing Land-Soil Capability Class Ill with Buildings Other than Residence Grazing Land-Soil Capability Class IV Vacant Grazing Land-Soil Capability Class IV with Buildings Other than Residence Grazing Land-Soil Capability Class V Vacant Grazing Land-Soil Capability Class V with Buildings Other than Residence Grazing Land-Soil Capability Class VI Vacant Soil Capability Class VI with Buildings Other than Residence Orchard Groves-All Groves Vacant Orchard Groves All Groves with Buildings Other than Residence Orchard Groves-Part Grove & Part Not Planted Orchard Grove-Part Grove, Part Not Planted with Buildings Other than Residence Combination-Part Orchard Grove & Part Pasture Land Vacant Combination-Part Orchard Groves & Part Pasture Land with Buildings Other than Residence Poultry Farms Rabbit Farms Dairies with Buildings Other than Residence Feed Lots Nurseries-Vacant Nurseries with Buildings Other than Residence


TABLE 4 VACANT LAND USES

VACANT NATURAL

BILLING CLASS

T T T T T T T T T T

USE CODE

8200 9190 9500 9510 9600 9610 9620 9630 9700 9920

VACANT ALTERED

V 0007 V 0008 V 0009 V 0010 V 0036 V 0037 V 0038 V 1000 V 4000 V 7000 V 9110 V 9130 V 9150 V 9180 V 9464 V 9800


Forest Park Canal Rivers & Lakes Submerged Lands Wasteland Marsh Sand Dune Swamp Recreational or Park Lands Vacant Agricultural Zone Land (not in use)

Vacant Residential Land-Multifamily Platted Vacant Multifamily Unplatted Less Than 5 Acres Vacant Single Family Unplatted Less Than 5 Acres Vacant Residential Land-Single Family Platted Condominium Unit-Vacant Land or Building Not Complete Mobile Home Co-op Vacant Condominium-Recreational Vehicle Vacant Vacant Commercial Land Vacant Industrial Land Vacant Land-Institutional Utility-Gas Companies-Vacant Utility-Electric Companies-Vacant Utility-Tel & Tel-Vacant Pipeline Improvement No Longer Suitable for Occupancy Centrally Assessed

PAGE10

V 9900 All Acreage Other Than Government Owned and Not Zoned AgriculturalVacant and Not Covered By Another Code

V 9908

V 9909

VACANT IMPROVED

y y y y y

3800 3810 7600 7610 7620

Vacant Residential Land Multifamily Unplatted Greater Than 5 Acres Vacant Residential Land-Single Family Unplatted Greater Than 5 Acres

Golf Course Driving Range Mortuary Cemetery Crematorium


BILLING USE CLASS CODE

N 8100 N 8110 N 8300 N 8310 N 8600 N 8610 N 8630

N 8640

N 8650 N 8660 N 8670 N 8680 N 8700 N 8710 N 8800 N 8810 N 8900 N 8910

N 8920 N 8930 N 9000 N 9010 N 9400 N 9499

TABLE 5 NON-BILLABLE LAND USES


Military-Vacant land Military-Improved land School-Public Improved Parcels School Public-Vacant Parcels County Owned Land-Vacant (That Does Not Qualify in Another Code) County Owned Land-Improved (That Does Not Qualify in Another Code) Brevard County-Agencies Other Than Board of County CommissionersVacant Brevard County-Agencies Other Than Board of County Commissioners-1 mproved Housing Authority-Vacant Housing Authority-Improved Canaveral Port Authority-Vacant Canaveral Port Authority-Improved State Owned Land-Vacant (That Does Not Quality in Another Code) State Owned Land-Improved (That Does Not Qualify in Another Code) Federal Owned Land-Vacant (That Does Not Qualify in Another Code) Federal Owned Land-Improved (That Does Not Qualify in Another Code) Municipal Owned Land-Vacant (That Does Not Qualify in Another Code) Municipal Owned Land-Improved (That Does Not Qualify in Another Code) Melbourne Airport Authority-Vacant Melbourne Airport Authority-Improved Leased County/City Property-Vacant Leased County/City Property-Improved Right-of-Way Street, Road, etc. Assessment Arrears


BILLING CLASS

E E E E E E E E E E E E E E E

USE CODE

0132 2000 2010 2015 3120 3440 3450 3510 3600 3610 6720 6730 7921 8210 8620

TABLE 6 OTHER LAND USES (ALL ELSE)


Residential Related Amenities Airports-Private Airports-Commercial Marinas Stadium (not enclosed) Arena (open air) with Supporting Facilities Flea Market Permanent Exhibit Camp (other than for mobile homes) Campground (trailers, campers & tents) Tropical Fish Farms Bees (Honey) Farms Common/Recreation Areas Recreational Area Utility Division Properties

PAGE12


DISCUSS/TAKE ACTION ON RESOLUTION NO. 1007, A RESOLUTION OF THE CITY

OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, CONCERNING THE

PERSISTENCE AND PROLIFERATION OF PERFLUOROALKYL AND

POLYFLUOROALKYL COMPOUNDS (PFAS) IN THE ENVIRONMENT AND IN THE

HUMAN BODY; THE RECENT TESTING RESULTS DEMONSTRATING

CONCENTRATIONS OF THESE COMPOUNDS IN THE GROUNDWATER IN FEDERAL,

COUNTY, AND CITY JURISDICTIONS; THE LACK OF STATE REGULATORY

GUIDANCE AND FUNDING TO ADDRESS THESE COMPOUNDS; REQUESTING

STATE ASSISTANCE; AND PROVIDING AN EFFECTIVE DATE

To: City Council

From: City Manager Courtney Barker



Recommended Action: Motion to adopt Resolution No. 1007.

Summary: State and local governments throughout the United States are finding that per- and polyfluoroalkyl substances (PFAS) have become significant sources of ground water pollution that can affect drinking water, irrigation sources, and adjacent water bodies. Local governments, which have no influence, control, or authority to address these compounds, are now being asked to respond to citizen concerns and fears regarding these compounds. The City of Satellite Beach, at the request of several community members, undertook testing for PFOS and PFOA compounds and tested five existing well locations which showed results ranging from 130 ppt to 430 ppt. Other local government agencies have conducted similar tests with a wide range of results. Through this process it has become clear that there are no definitive regulatory standards or guidance from the State of Florida regarding how PFAS should be addressed.

The purpose of Resolution No. 1007 is to request that the State of Florida develop state regulatory standards for PFAS compounds to give definitive direction to local governmental agencies for both drinking, irrigation, and recreational water use, fish consumption, and for remediation to address the


safety concerns of the public. This Resolution also includes a request that the State begin conducting testing and provide guidance to local agencies.

Budget Impacts: None.

Attachments:

• Resolution No. 1007


RESOLUTION 1007

A RESOLUTION OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, CONCERNING THE PERSISTENCE AND PROLIFERATION OF PERFLUOROALKYL AND POL YFLUOROALKYL COMPOUNDS (PFAS) IN THE ENVIRONMENT AND IN THE HUMAN BODY; THE RECENT TESTING RESULTS DEMONSTRATING CONCENTRATIONS OF THESE COMPOUNDS IN THE GROUNDWATER IN FEDERAL, COUNTY, AND CITY JURISDISCTIONS; THE LACK OF STATE REGULATORY GUIDANCE AND FUNDING TO ADDRESS THESE COMPOUNDS; REQUESTING STATE ASSISTANCE; AND PROVIDING AN EFFECTIVE DATE

WHEREAS, state and local governments throughout the United States are finding that per- and polyfluoroalkyl substances (PFAS) have become significant sources of ground water pollution that can affect drinking water, irrigation sources, and adjacent water bodies, and

WHEREAS, PFAS compounds are a group of man-made chemicals that includes PFOA, PFOS, GenX, and many other chemicals, which have been manufactured and used in a variety of industries around the globe, including in the United States since the 1940s, and these chemicals, since they are persistent in the environment and in the human body, can lead to adverse human health effects; and

WHEREAS, the Department of Defense issued a report dated March 2018 entitled "Addressing Perfluorooctane Sulfonate (PFOS) and Perfluorooctanoic Acid (PFOA) by Maurine Sullivan, Deputy Assistant Secretary of Defense, which identified PFOS and PFOA compounds in a number of military installations throughout Florida including Patrick Air Force Base (PAFB) and Cape Canaveral Air Force Station (CCAFS); and

WHEREAS, PAFB has sites with concentrations of PFOS and PFOA of 71 parts per trillion to 4.2 million parts per trillion (ppt) and CCAFS has sites with concentrations of PFOS and PFOA of 74 ppt to 53,000 ppt; and

WHEREAS, the City of Satellite Beach, at the request of several community members, undertook testing of the City's groundwater for PFOS and PFOA on three monitoring wells, which showed results ranging from 23 ppt to 43 ppt; and

WHEREAS, the City of Cocoa Beach also received numerous requests for groundwater testing for PFOS and PFOA compounds and tested two existing groundwater wells on the golf course, the influent and effluent at the Wastewater Plant,


and the vault on PAFB property before it enters the city collection, which showed results ranging from 130 ppt to 430 ppt; and

WHEREAS, Brevard County also received numerous requests for groundwater testing for PFOS and PFOA compounds and tested four existing well locations which showed results ranging from 6 ppt to 26 ppt; and

WHEREAS, the School Board, after receiving requests from parents concerned with possible drinking water contamination, tested potable drinking fountains for 21 PFAS compounds in their 13 beachside schools which showed results ranging from 2.5 ppt to 12 ppt for pentafluorobenzic acid (PFBA); and

WHEREAS, in 2016 the US Environmental Protection Agencyissued a "Drinking Water Health Advisory" limitation for the sum of PFOS and PFOA compounds of 70 ppt, which is not a regulatory standard, and has been decreased since 2009 from 400 ppt; and

WHEREAS, other state governments have set drinking water standards for these PFA compounds at levels lower than the Federal Health Advisory Level, such as New Jersey, whose state regulatory standard is 27 ppt; and

WHEREAS, other state governments have set monthly, annual and lifetime screening values for the consumption of fish including a New Jersey recommendation of no more than 73,000 ppt per year; and

WHEREAS, the differing advisories and standards and lack of a State of Florida regulatory standard is confusing to residents of our county and cities; and

WHEREAS, the Cities of Satellite Beach and Cocoa Beach, Brevard County, and Brevard Public Schools are requesting the State of Florida to develop state regulatory standards for PFAS compounds to give definitive direction to local governmental agencies for both drinking, irrigation, and recreational water use, fish consumption, and for remediation to address the safety concerns of the public; and

WHEREAS, local governments, which have no influence, control, or authority to address these compounds, now must respond to citizen concerns and fears regarding the proliferation of these compounds in our groundwater and our water bodies and need the state to respond to these areas for investigation and possible remediation.

NOW, THEREFORE, BE IT RESOLVED that the City Council of Satellite Beach, Florida, recommends:

SECTION 1. That the Florida Department of Environmental Protection develop state regulatory standards for PFAS compounds for drinking water, irrigation, recreational water use and fish consumption.


SECTION 2. That the State of Florida conduct ground water, water body, and fish testing for PFAS compounds to ensure the safety of the public.

SECTION 3. Effective Date. This Resolution shall become effective immediately upon adoption.

This resolution was adopted at a regular meeting of the City Council on the_ day of ____ , 2018.

FRANK P. CATINO, MAYOR ATTEST:

LEONOR OLEXA, CMG, CITY CLERK

CITY COUNCIL AGENDA ITEM #14 ~· ----··-·-~--,,~-·-·-·--·"·''"···-·•,.,a.a.a-•.·----~-

FISCAL YEAR 2018/2019 BUDGET:

To:

From:


B. ORDINANCE NO. 1164, AN ORDINANCE OF THE CITY OF SATELLITE BEACH, BREVARD

COUNTY, FLORIDA, ADOPTING THE FINAL LEVYING OF AD VALOREM TAXES BY

ESTABLISHING AN OPERATING MILLAGE RATE OF 8.8212 MILLS FOR FISCAL YEAR

2018/2019; PROVIDING AN EFFECTIVE DATE (FIRST READING)

C. ORDINANCE NO. 1165, AN ORDINANCE OF THE CITY OF SATELLITE BEACH, BREVARD

COUNTY, FLORIDA, ADOPTING FISCAL YEAR 2018/2019 BUDGET; PROVIDING AN

EFFECTIVE DATE (FIRST READING)


Comptroller Brittany Jumper



Recommended Action: Approve Ordinance No. 1164 adopting an operating millage rate of 8.8212 mills

for FY 2018/2019 and Ordinance No. 1165 adopting the FY 2018/2019 Annual Budget on first reading.

Summary: The City held a budget workshop on the FY 2018/2019 proposed budget on July 25, 2018.

Changes to the proposed budget are included with this Agenda Packet.

The 2018/2019 budget increases the City's millage rate from 8.1518 to 8.8212 mills and the City's

budget is balanced with total revenues and expenditures of $17,931,911.

If approved on first reading the millage and annual budget will be presented to the City Council for

second and final reading on September 19, 2018.

The FY 2018/2019 Budget was drafted in accordance with the guidelines set forth by the Government

Finance Officers Association {GFOA). The City will continue to submit for the annual budget awards

program offered by GFOA that encourages local governments to prepare budget documents of the very


highest quality that reflect both the guidelines established by the National Advisory Council on State and

Local Budgeting and the GFOA's best practices on budgeting.

Budget Impacts: Requirement by City Charter to adopt the millage rate and budget.

Attachments:




ORDINANCE NO. 1164

AN ORDINANCE OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, ADOPTING THE FINAL LEVYING OF AD VALOREM TAXES BY ESTABLISHING AN OPERATING MILLAGE RATE OF 8.8212 MILLS FOR FISCAL YEAR 2018/2019; PROVIDING AN EFFECTIVE DATE (FIRST READING)

BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA as follows:

SECTION 1. The City of Satellite Beach rolled-back millage rate is 7.5966.

SECTION 2. The Fiscal Year 2018/2019 operating millage rate is hereby established at 8.8212 mills which is greater than the rolled-back rate of 7.5966 by 16.12%.

SECTION 3. SEVERABILITY CLAUSE. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected thereby, and it will be presumed that the City Council for the City of Satellite Beach did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to rema)n in full force and effect.



SECTION 6. This Ordinance was duly passed on first reading at a regular meeting of the City Council on the __ day of ____ , 2018, and adopted on second and final reading at a regular meeting of the City Council on the __ day of ____ , 2018.


ATTEST:


ORDINANCE NO. 1165

AN ORDINANCE OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, ADOPTING FISCAL YEAR 2018/2019 BUDGET; AND PROVIDING AN EFFECTIVE DATE (FIRST READING)

WHEREAS, the City Council of the City of Satellite Beach has conducted public meetings and hearings regarding the establishment of a budget for the City; and

WHEREAS, a budget was established during these meetings and hearings.

BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA as follows:

SECTION 1. The City Council of the City of Satellite Beach does hereby adopt the General Fund Budget for FY 2018/2019 in the amount of $12,625,991.

SECTION 2. The City Council of the City of Satellite Beach does hereby adopt the Community Services Fund Budget for FY 2018/2019 in the amount of $48,937.

SECTION 3. The City Council of the City of Satellite Beach does hereby adopt the Stormwater Utility Fund Budget for FY 2018/2019 in the amount of $1,011,400.

SECTION 4. The City Council of the City of Satellite Beach does hereby adopt the Law Enforcement Trust Fund Budget for FY 2018/2019 in the amount of $0.

SECTION 5. The City Council of the City of Satellite Beach does hereby adopt the Community Redevelopment Trust Fund Budget for FY 2018/2019 in the amount of $2,025,174.

SECTION 6. The City Council of the City of Satellite Beach does hereby adopt the Capital Assets Fund Budget for FY 2018/2019 in the amount of $1,048,356.

SECTION 7. The City Council of the City of Satellite Beach does hereby adopt the Health Insurance Fund Budget for FY 2018/2019 in the amount of $1,172,053.





SECTION 11. This Ordinance was duly passed on first reading at a regular meeting of the City Council on the. __ day of ____ , 2018, and adopted on second and final reading at a regular meeting of the City Council on the __ day of ____ , 2018.


ATTEST:



DISCUSS/TAKE ACTION ON ORDINANCE NO. 1166, AN ORDINANCE OF THE CITY

OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 34,

"MOTOR VEHICLES AND TRAFFIC' BY ADDING A NEW ARTICLE IV, ENTITLED

"LOW SPEED VEHICLES"; PROVIDING FOR DEFINITIONS; PROVIDING FOR

OPERATION OF LOW SPEED VEHICLES ON CERTAIN ROADS WITHIN THE CITY;

PROHIBITING OPERATION OF LOW SPEED VEHICLES ON CERTAIN ROADS WITHIN

THE CITY; PROVIDING FOR WAIVER; PROVIDING FOR INSPECTION, ANNUAL

LICENSING AND REQUIRED EQUIPMENT FOR OPERATION OF LOW SPEED

VEHICLES WITHIN THE CITY; PROVIDING FOR REGISTRATION AND ISSUANCE

AND DISPLAY OF DECAL; PROVIDING FOR INSURANCE REQUIREMENTS;

PROVIDING PARKING REGULATIONS; PROHIBITIONS; PROVIDING FOR

ENFORCEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE

DATE (FIRST READING)

To:

From:

Meeting Date:

Department:


Police Chief Jeff Pearson

9/5/2018

Police

Recommended Action: Approve Ordinance No. 1166 on first reading.

Summary: The ordinance would allow residents to drive (city permitted) Golf Carts I Low Speed Vehicles to be operated on certain roadways within the city. The ordinance provides a mechanism for initial and renewal permitting of these vehicles.

Budget Impacts: Initial costs of permit decals and inspection time will be offset by permitting fees.

Attachment:



ORDINANCE NO. 1166

AN ORDINANCE OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 34, "MOTOR VEHICLES AND TRAFFIC" BY ADDING A NEW ARTICLE IV, ENTITLED "LOW SPEED VEHICLES"; PROVIDING FOR DEFINITIONS; PROVIDING FOR OPERATION OF LOW SPEED VEHICLES ON CERTAIN ROADS WITHIN THE CITY; PROHIBITING OPERATION OF LOW SPEED VEHICLES ON CERTAIN ROADS WITHIN THE CITY; PROVIDING FOR WAIVER; PROVIDING FOR INSPECTION, ANNUAL LICENSING AND REQUIRED EQUIPMENT FOR OPERATION OF LOW SPEED VEHICLES WITHIN THE CITY; PROVIDING FOR REGISTRATION AND ISSUANCE AND DISPLAY OF DECAL; PROVIDING FOR INSURANCE REQUIREMENTS; PROVIDING PARKING REGULATIONS; PROHIBITIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE (FIRST READING)

WHEREAS, the City of Satellite Beach has the authority to permit and regulate the operation of low speed vehicles within its jurisdictional boundaries pursuant to home rule and §316.2122, Florida Statutes; and

WHEREAS, residents of the City have expressed an interest and desire to allow low speed vehicles to be driven on city streets; and

WHEREAS, the operation of such vehicles upon public roads is ordinarily prohibited, unless authorized by the City pursuant to §316.2122, Florida Statutes; and

WHEREAS, City Council has determined the operation of such vehicles, subject to the regulations contained in this Ordinance, generally support and facilitate the health, safety and welfare of the citizens and residents of the City.

NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY FLORIDA, as follows:

SECTION 1. The foregoing recitations are true and correct and by this reference incorporated herein.

SECTION 2. There is hereby created a new Article IV to Chapter 34, Satellite Beach City Code, to read as follows:

Chapter 34

MOTOR VEHICLES AND TRAFFIC

* * * * *

ARTICLE IV. LOW SPEED VEHICLES

Sec. 34-101. Legislative Intent. It is the intent of this Article to permit and regulate the use of low speed vehicles with the City.


Sec. 34-102. Definitions.

(a) City shall mean the City of Satellite Beach.

(b) Low Speed Vehicle (LSV) shall mean any four-wheeled vehicle whose top speed is greater than 20 miles per hour but not greater than 25 miles per hour, including but not limited to, neighborhood electric vehicles.

(c) Permit/Registration shall mean the official authorization issued by the Satellite Beach Police Department pursuant to this Article designating that a low speed vehicle meets the requirements of this Code.

(d) Prohibited Streets shall mean Highway A1A and South Patrick Drive (SR513).

(e) Streets shall mean, for purposes of this Ordinance, all streets and roads with the City that are not Prohibited Streets.

Sec. 34-103. Authorized Use and Operation of Low Speed Vehicles.

(a) Licensed drivers may operate low speed vehicles that have been issued Permits by the City on any Street within the City in compliance with this Article and all statutes, regulations and ordinances governing traffic control, including traffic control devised, and the operation, stopping and parking of vehicles. Such vehicles may not be operated within the right-of-way of any Prohibited Street. Further, the authorization granted by this Article to operate low speed vehicles on the Streets of the City does not authorize operation of such vehicles on sidewalks, bicycle paths, swales or other stormwater facilities or structures or within or on any park in the City.

(b) The prohibition of operating a low speed vehicle on Prohibited Streets does not prohibit the operation of a low speed vehicle solely for the purpose of crossing a Prohibited Street at vehicular intersections with a traffic light.

(c) A permit to use a low speed vehicle issued pursuant to this Article does not allow entry onto private or semi-private property, including retail parking lots, private roads or condominium or homeowners' association common areas. Access to these areas may be regulated and restricted by the owners of such property. Further, such use does not allow entry or parking upon any property owned by any property owned by another public or quasi-public entity such as Brevard County, and any of its departments/agencies, and the Brevard County School Board.

Sec. 34-104. Permit; Revocation.

The operation of a low speed vehicle on Streets shall be deemed a use permitted by City Council revocable in whole or in part upon the will of City Council in its legislative capacity based upon its consideration of the general health, safety and welfare of the public arising from such use. The issuance of a Permit or other permission for the operation of low speed vehicles on Streets shall not limit or otherwise preclude City Council from amending this Article IV, repealing this Article IV in its entirety, contracting or expanding the Streets and Prohibited Streets, or changing the designation of crossing points for Prohibited Streets. Any person


operating a low speed vehicle within the City under a Permit issued by the City shall do so on the condition that there shall be no claim for any monetary loss or other claim for the loss of allowed low speed vehicle operation within the City or any monetary claim based upon a claim for action in reliance on the provisions of this Article. The City Council retains the unlimited legal authority to revoke, amend or otherwise legislate regarding the operation of low speed vehicles on City streets without liability of any kind arising from its legislative decisions.

Sec. 34-105. Waiver of Claims.

Any person operating a low speed vehicle for which a Permit was issued, and all persons who are passengers in such vehicle, shall be deemed to have waived any claim against the City for its legislative decision to allow operation of such low speed vehicles on Streets in compliance with this Article. The consideration and adoption of this Article by City Council is declared to be a legislative act of the City.

Sec. 34-106. Permit Application; Registration; Decal.

(a) All low speed vehicles operating on Streets shall, prior to such operation, be registered with the City on an annual basis as provided herein. A registration decal provided by the City must be visibly affixed to each registered low speed vehicle on the rear bumper of that vehicle. The registration decal must be current at all times the low speed vehicle is operated on Streets.

(b) Each person wishing to operate a low speed vehicle on Streets must apply for a permit with the Police Department to operate and register that vehicle with the City. The application shall include the name(s) and address(es) of the owner(s) of the low speed vehicle, copies of current driver's license(s) of all persons who own and will operate the low speed vehicle, and proof of insurance required by §316.2122, Florida Statutes, which insurance must be kept in effect at all times

(c) Each permit application shall be accompanied by a $150.00 permit/registration fee. Any permit/registration issued by the City shall be valid for one year from the date of issuance, and must be renewed annually. The renewal permit/registration fee shall be $100.00 for each year of renewal of the same low speed vehicle.

Sec. 34-107. Inspection; Required Equipment.

(a) Any person desiring to register a low speed vehicle for operation within the City shall present the low speed vehicle to the Police Department for inspection regarding all required safety equipment at such place as the Police Department shall designate for such inspections.

(b) In order for any low speed vehicle to be registered and operate within the City, said vehicle must meet the following minimum safety requirements which must be in operating order:

(i) Headlamps; (ii) Approved FOOT windshield; (iii) Driver-side and interior rear-view mirrors or both driver-side and passenger

side mirrors; (iv) Parking lamps;

ORDINANCE N0.1166 PAGE4

(v) Front and rear turn signals meeting the minimum standards of §316.234(2), Florida Statutes;

(vi) Brake lamps meeting the minimum requirements of §316.234(1), Florida Statutes;

(vii) Side reflex reflectors; (viii) Horn; (ix) LSV triangle reflector affixed to the rear; (x) Seat belt for each designated seat; (xi) Tires meeting manufacturer's specifications; (xii) Reliable steering apparatus; and (xiii) Vehicle Identification Number (VIN) or Manufacturer's Serial Number.

(c) Upon the successful completion of any inspection, and as a condition of issuance of any registration and decal, the owner(s) must sign an acknowledgment (i) recognizing the necessity of obtaining annual inspections/registration for any low speed vehicle, together with payment of an annual registration fee, and (ii) receipt of a copy of this Article IV governing low speed vehicles.

Sec. 34-108. Prohibitions.

It shall be unlawful for any person to operate a low speed vehicle in the City:

(a) Where any of the required equipment or information set forth in Sec. 34-107(b) is either inoperative or missing.

(b) Without a current valid operator's driver's license.

(c) Without insurance required by this Article or state law. Proof of insurance must be presented to a law enforcement officer upon request.

(d) On the right-of-way of any Prohibited Street (except to properly cross to the other side as provided in this Article), or on any sidewalk, bike path, swale or other stormwater facilities or structures or within or on any park in the City.

(e) Without a valid registration issued by the City or properly exhibited registration decal issued by the City.

(f) That obstructs or interferes with normal traffic flow.

(g) Which carries more passengers than the registered low speed vehicle was designed, or there are more passengers than there are seat belts provided.

(h) Where the driver and/or any passengers are not properly using their seat belts or fail to comply with any laws governing use of child restraint equipment. Further, no child shall be allowed to sit in the lap of the driver or any passenger. The driver and all passengers must remain seated with their seatbelts properly fastened at all times the low speed vehicle is in motion, and no parts of the body of any occupant of the low speed vehicle may extend outside the vehicle.

(i) In violation of any State traffic law or regulation or Code of the City applicable to the operation of motor vehicles.

ORDINANCE NO. 1166 PAGES

U) On any street where the posted speed limit is greater than 35 miles per hour.

Sec. 34-109. Parking.

Low speed vehicles shall comply with all parking regulations of the City.

Sec. 34-110. Enforcement.

(a) Violations of this Article shall be enforced by the Police Department pursuant to ch. 316 and 320, Florida Statutes, and applicable City ordinances.

(b) In addition to enforcement pursuant to subsection (a), above, any person operating a low speed vehicle without a proper registration or decal issued by the City shall be fined $50.00 for the first violation, $100.00 for the second violation and $150.00 for the third and each subsequent violation.




SECTION 6. This Ordinance was duly passed on first reading at a regular meeting of the City Council on the _ day of _____ , 2018, and adopted on second and final reading at a regular meeting of the City Council on the_ day of _____ , 2018.


ATTEST:


CITY COUNCIL AGENDA ITEM #16 DISCUSS/TAKE ACTION ON AUTHORIZING THE TEMPORARY USE OF

STABIUZATION RESERVE FUNDS AND A PROPOSAL WITH TD BANK FOR A LINE

OF CREDIT

To:

From:


Brittany Jumper, Comptroller



Recommended Action: Authorize the City Manager to sign an agreement with TD Bank for a Line of Credit, and give authorization to the City Manager to temporarily use funds from the Stabilization Reserve.

Summary: Revenues and expenditures are budgeted each Fiscal Year, but many revenues have a twomonth delay, which means they are not disbursed to the City until October or November. A primary example of the impact of delayed revenues is ad valorem taxes, which the City does not begin receiving until late November. This delay in receiving revenue while operating costs continue to be expensed often requires the temporary use of unrestricted reserve funds to cover costs. Based on the status of our ongoing recovery from the financial impact of two hurricanes in FY 16/17, staff is requesting advance authorization to pursue the options described below (if needed) to cover cash flow, unexpected expenses, and the potential for natural disasters.

1. Expenses due to Hurricanes Matthew and Irma had a significant impact on the City's unrestricted and Stabilization reserves, and Stabilization Reserve funds were previously used for hurricane response, based on City Council authorization. While the City has received all of the FEMA money requested for Matthew, we have not received any reimbursement from Irma as yet. As a result, and in anticipation of upcoming cash flow needs, staff is requesting City Council permission to authorize the City Manager to temporarily use the City's Stabilization Reserves for the reasons stated above, with the stipulation that any draws from the Stabilization Reserves will be replaced with ad valorem dollars when received in November/December.

2. In an effort to responsibly position the City to meet financial needs that may be presented if a hurricane or other natural disaster were to occur, staff is presenting a line of credit option with TD Bank. The Line of Credit would be for a maximum of $500,000, with a $4,000 annual fee that is subject to waiver by TD Bank whenever the annual outstanding balance amounts to at least 20% of the facility amount. The interest rate would be based upon the 30-day LIBOR + 2% and would be applied to any outstanding balance. There is also an approximately $5,000 cost of issuance that the City would pay upfront.

Cl1Y MANAGER FORM 001

Option 1 above provides the City with a path-forward option to handle normal operating costs over the next few months. Option 2 provides a plan to cover the additional costs of responding to a natural disaster, if the need arises. If no natural disasters affect the City, the line of credit will not be used, but the City will spend a total of $9,000 to secure this c;ash for one year. Staff would not normally recommend such an arrangement, but the current reserve situation has led us to present this to City Council as the most prudent and responsible recommendation. The FY 18/19 budget was developed with a primary goal of rebuilding reserves to the point that options such as those detailed above will not be needed in the future.

Budget Impacts: Costs of issuance for the TD Bank Line of Credit will be $5,000 up-front, plus a $4,000 annual fee to be paid after one year if the City does not use at least 20% of the available $500,000.

Attachments: • To be provided at the meeting.


AGENDA

CITY COUNCIL PROPOSED REGULAR MEETING

SATELLITE BEACH COUNCIL CHAMBER 565 CASSIA BOULEVARD, SATELLITE BEACH, FL 32937

SEPTEMBER 19, 2018 7:00 P.M.

1. CALL TO ORDER BY MAYOR CATINO

2. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE LED BY COUNCILMAN OSMER

3. PRESENTATION OF PROCLAMATIONS: • RECOGNIZING JANET PETRO FOR BEING INDUCTED INTO THE "FLORIDA

WOMEN'S HALL OF FAME" • RECOGNIZING SCOTTY CULP FOR HER "LIFETIME ACHIEVEMENTS"

4. CITIZEN COMMENTS

5. CITY COUNCIL COMMENTS

6. CITY ATTORNEY REPORT

7. CITY MANAGER REPORT

8. DISCUSS/TAKE ACTION ON ORDINANCE NO. 1160, AN ORDINANCE OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 30, SATELLITE BEACH CITY CODE, ARTICLE I, SECTION 30-107 DEFINITIONS, MODIFYING COASTAL CONSTRUCTION CONTROL LINE, OCEAN BLUFF LINE, OCEAN BLUFF PROTECTION ZONE, AND ADDING DEFINITION FOR EROSION ADAPTATION ACTION AREA (EAAA); MODIFYING ARTICLE IV, SECTION 30-415 RM3 RESIDENTIAL MIXED USE DISTRICT; MODIFYING SECTION 30-415.5 RM4, MULTIFAMILY RESIDENTIAL ZONING DISTRICT, MODIFYING SECTION 30-416, COMMERCIAL DISTRICT, MODIFYING ARTICLE VII, SECTION 30-734,



PAGE2

DEVELOPMENT OF OCEAN SHORELINE PROPERTY WHERE SETBACKS PREVENT CONSTRUCTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE (FIRST READING)

9. PUBLIC HEARING ON FISCAL YEAR 2018/2019 BUDGET:


B. ORDINANCE NO. 1164, AN ORDINANCE OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, ADOPTING THE FINAL LEVYING OF AD VALOREM TAXES BY ESTABLISHING AN OPERATING MILLAGE RATE OF 8.8212 MILLS FOR FISCAL YEAR 2018/2019; PROVIDING AN EFFECTIVE DATE (SECOND READING)

C. ORDINANCE NO. 1165, AN ORDINANCE OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, ADOPTING FISCAL YEAR 2018/2019 BUDGET; PROVIDING AN EFFECTIVE DATE (SECOND READING)

10. PUBLIC HEARING:

DISCUSS/TAKE ACTION ON ORDINANCE NO. 1166, AN ORDINANCE OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 34, "MOTOR VEHICLES AND TRAFFIC" BY ADDING A NEW ARTICLE IV, ENTITLED "LOW SPEED VEHICLES"; PROVIDING FOR DEFINITIONS; PROVIDING FOR OPERATION OF LOW SPEED VEHICLES ON CERTAIN ROADS WITHIN THE CITY; PROHIBITING OPERATION OF LOW SPEED VEHICLES ON CERTAIN ROADS WITHIN THE CITY; PROVIDING FOR WAIVER; PROVIDING FOR INSPECTION, ANNUAL LICENSING AND REQUIRED EQUIPMENT FOR OPERATION OF LOW SPEED VEHICLES WITHIN THE CITY; PROVIDING FOR REGISTRATION AND ISSUANCE AND DISPLAY OF DECAL; PROVIDING FOR INSURANCE REQUIREMENTS; PROVIDING PARKING REGULATIONS; PROHIBITIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE (SECOND READING)

11. AGENDA ITEMS FOR NEXT REGULAR COUNCIL MEETING

12. ADOPTION OF MINUTES:


CITY COUNCIL AGENDA ITEM

APPOINTMENT TO BOARDS

To:

From:

Meeting Date:

Department:


City Clerk Leonor Olexa

9/5/2018

City Clerk's Office

#18

Recommended Action: Council will need to consider board reappointments/new appointment.

Summary: On August 22 nd I received information from Recreation Director Cassie Warthen indicating that Recreation Board primary member Charlie Graham has moved out of the city; Recreation Board primary member Kelly Palace's has resigned due to health reasons; and she also identified Samsons Island Working Board alternate member Peter Rogers' lack of attendance at meetings (last attended meeting was on September 2016).

Samsons Island Working Board primary member Brian Gilcher has indicated that he does not want to serve another term.

Staff is currently working on recommended changes to the City Boards Handbook (Beautification Board, Recreation Board, and Samsons Island Working Board meetings). An ordinance amending the City Boards Handbook will be scheduled at a future Council meeting.

Below is also a list of Board vacancies (primary/alternate member positions), along with board reappointments and an applicant for Council to consider:

Current Board Vacancies:

• Beautification Board: one {1) primary and two {2) alternate members

• Board of Adjustment: one (1) alternate member • Recreation Board: two {2) primary members

o Primary Member Charlie Graham - term ending on 10/01/19 o Primary Member Kelly Palace, term ending on 01/07 /19

• Samsons Island Working Board: two (2) primary and one (1) alternate members

Reappointment:

• Library Board - Primary Member Brenda Spletter (term ending 10/05/21)

• Recreation Board - Primary Member Clint Braswell (term ending 10/03/21)

City Council - September 5, 2018 Agenda Item #17

Applicant: • Laurie Heyes - Library Board (previously interviewed on 08/01/18)

Attachment: • Library Board Attendance Record

• Recreation Board Attendance Record

• Samsons Island Working Board Attendance Record


Page 2

City of Satellite Beach BOARD ATTENDANCE RECORD

Name of Board: LIBRARY BOARD Calendar Year: 2018

Chair Vice Chair Primary Primary Primary Primary Primary Alt. A Alt. B Dorothy Carol Hope Carol Sharon Brenda Lucia Pat Margie Guinn Robitschek Ascher Late Reynolds- Spletter Watson Patton Solliday

Mixon Exp.6/30/18 Exp. 1 /20/20 Exp.5/5/19 Exp.8/1/18 Exp.1/9/20 Exp.10/5/18 Exp.2/7/20 Exp.8/15/19 Exp.6/1/19

JANUARY * Regular p p p u p p p u

p 01/08/18

FEBRUARY * (No Meeting)

MARCH * Regular u p p p u u p u

03/12/18 p

APRIL * Regular

(No Meeting) MAY

* Regular p p p p p u p p 05/08/18

p

JUNE * (No Meeting)

JULY * Regular

07/09/18 AUGUST

* (No Meeting)

SEPTEMBER * Rescheduled

09/17/18 OCTOBER

* (No Meeting)

NOVEMBER * Regular

11/12/18 DECEMBER

* (No Meeting)

Complete this form as follows:

Columns. Enter members' names in appropriate column headings. Enter the date each member's term expires beside "Exp."

Rows. Enter date of regular meeting beside "regular" and date of special or-workshop meeting beside "other." Record attendance as: P for 12resent E for excused absence U for unexcused absence

* Indicates Alternate responsible for substituting.


Name of Board: LIBRARY BOARD Calendar Year: 2018 --Vice Chair Primary Primary Primary Primary Primary Primary Alt. A Alt. B

Carol Pat Hope Carol Sharon Brenda Lucia Arlin Margie Robitschek Patton Ascher Late Reynolds- Spletter Watson Massey Solliday

Mixon Exp.1/20/20 Exp.6/30/21 Exp.5/5/19 Exp.8/1/18 Exp.1/9/20 Exp.10/5/18 Exp.2/7/20 Exp.8/15/19 Exp.6/1/19

JANUARY Regular 01/08/18

FEBRUARY * (No Meeting)

MARCH Regular 03/12/18

APRIL * Regular

(No Meeting) MAY

Regular 05/08/18

JUNE * (No Meeting)

JULY * Regular p p u p p p p p

07/09/18 p

AUGUST

* (No Meeting)

SEPTEMBER * Rescheduled

09/17/18 OCTOBER

* (No Meeting)

NOVEMBER * Regular

11/12/18 DECEMBER

* (No Meeting)



Rows. Enter date of regular meeting beside "regular" and date of special or workshop meeting beside "other." Record attendance as: P for Qresent E for excused absence U for unexcused absence



Name of Board: RECREATION BOARD

Chair V. Chair Primary Primary Primary Primary Clint Charlie Kathleen Michael Stephen Kelly

Braswell Graham Cleary Hensley Nieroda Palace Exo.10/3/18 Exp.10/1/19 Exp.1/4/20 Exp.6/1/18 Exp.4/6/19 Exp.1/7/19

JANUARY Regular p u p p u -01/14/18

FEBRUARY CANCELLED

02/13/18 MARCH

Regular p u E p p -03/13/18

APRIL Regular p u p p p -04/10/18

MAY CANCELLED

05/08/18 JUNE CANCELLED

06/11/18 JULY

Regular 07/10/18

AUGUST CANCELLED

08/14/18 SEPTEMBER

Regular 09/11/18

OCTOBER CANCELLED

10/09/18 NOVEMBER

Regular 11/13/18

DECEMBER Regular 12/11/18



Calendar Year: 2018

Primary Alt.A Alt.B Jodi Stacy James

Rozycki Jones Straayer Exp.2/1/20 Exp.2/1/20 Exp.2/6/20

* p u u

*

* p u p

* p u p

*

*

*

*

*

*

*

*

~- Enter date of regular meeting beside "regular" and date of special or workshop meeting beside "other." Record attendance as: P for present E for excused absence U for unexcused absence



Name of Board: Samsons Island Working Board Calendar Year: 2018

Chair V. Chair Primary Primary Primary Primary Primary Alt.A Alt. B Brian Daniel Sandy Salvatore Gregory David Peter

Gilcher Hamblin Carnival Lauricella Smith Vigliotti . Rogers Exo.10/3/18 Exo.5/6/18 Exo.01/9/20 Exo.01/3/18 Exo.1/9/20 Exo.10/1/19 Exp. Exo.5/4/19 Exo.

JANUARY * Regular p p p E p u u 01/16/18 FEBRUARY * CANCELLED 02/20/18 MARCH * CANCELLED 03/20/18 APRIL * CANCELLED 04/17/18 MAY * NO QUORUM p 05/15/18 JUNE * CANCELLED 06/19/18 JULY * NO QUORUM p p p 07/17/18 AUGUST * NO QUORUM p p p 08/21/18 SEPTEMBER * Regular 09/18/18 OCTOBER * Regular 10/16/18 NOVEMBER * Regular 11/20/18 DECEMBER * Regular 12/18/18



Rows. Enter date of regular meeting beside "regular" and date of special or workshop meeting beside "other." Record attendance as: P for 12resent E for excused absence U for unexcused absence


CITY COUNCIL SPECIAL MEETING UNAPPROVED MINUTES

JULY 25, 2018

Pursuant to Public Notice, Mayor Frank Catino convened a special meeting of the City Council on Thursday, July 25, 2018, at 7:02 p.m., in the Council Chamber. Those present were, Mayor Frank Catino, Vice-Mayor Dominick Montanaro, Councilwoman Mindy Gibson, Councilman Steve Osmer, City Manager Courtney Barker, and City Clerk Leonor Olexa. Councilman Mark Brimer was absent.

Council agreed to adjust the sequence of the agenda items.

(TIME: 7:02 P.M.) DISCUSS/TAKE ACTION ON PRESENTATION OF FY 18/19 BUDGET Comptroller Brittany Jumper presented an overview of the proposed FY 18/19 Budget that detailed the Citizen Budget Committee's recommendations to maintain current departmental service levels and consider increasing the millage rate up to 8.9 mills (to rebuild reserves); departmental goals for FY 18/19 and prior year achievements; and staff's recommendations that include: a proposed 8.8212 millage rate; proposed stormwater rate of $200.00 ERU; a 2% COLA adjustment for employees; proposed 5% health insurance increase; begin the two-year implementation for salary survey starting in FY 18/19; increase of $20,000.00 in Fire and Police Pension costs; additional increase to General Fund Reserves of $215,055.00; allocate $100,000.00 to a hurricane expense line item; and transfer of $100,000.00 to the Capital Assets Fund. Council discussed the cost of past hurricanes and pending FEMA reimbursements that have significantly impacted the City's reserves; critical infrastructure repairs/replacements needs; the negative impacts of Amendment 1, if approved by the voters, would have an estimated $600,000.00 deficit to the City's General Fund; and emphasized the importance of continuing to be transparent on the City's budget and keeping the residents informed of what tax funds are being used for (infrastructure/projects/build required reserves, etc.). City Manager Barker responded to questions.

(TIME: 7:39 P.M.) The following Satellite Beach resident addressed Council: John Fergus.

ACTION: Vice-Mayor Montanaro MOVED, SECOND by Councilman Osmer, to accept the proposed Budget for FY 18/19. VOTE: ALL YES. MOTION CARRIED.

(TIME: 7:42 P.M.) DISCUSS/TAKE ACTION ON SETTING PROPOSED MILLAGE FOR FY 18/19 Council discussed the Agenda Item regarding Amendment 1; the Citizen Budget Committee's recommendations; the need to address infrastructure repairs/replacements; the need to build reserves that have been depleted due to past hurricanes; and agreed with staff regarding budget recommendations. Council thanked City Manager Barker and staff for their efforts on the budget.

(TIME: 7:51 P.M.) The following Satellite Beach resident addressed Council: John Fergus.

ACTION: Councilman Osmer MOVED, SECOND by Vice-Mayor Montanaro, to set the proposed millage rate at 8.8212 for FY 18/19. VOTE: ALL YES. MOTION CARRIED.

(TIME: 7:53 P.M.) PRESENTATION BY ABM TO REVIEW PRELIMINARY FINDINGS OF FACILITIES AND CAPITAL INFRASTRUCTURE NEEDS AUDIT City Manager Barker stated that ABM provides infrastructure and facilities strategies and introduced Infrastructure Funding Executive Rob Duncan, ABM. Mr. Duncan presented an overview of ABM's service that includes: reducing capital volatility, provides a client analysis on that identifies resource

COUNCIL UNAPPROVED MINUTES JULY 25, 2018 Special Meeting PAGE2

demands/revenues and funds the gap, provides facility solutions for greater sustainability, supplements City services that results in creating lower operating costs and converting expenses into capital, provides marketing initiatives, and ABM maintains and guarantees their services and equipment. Florida Regional Director Chuck Hoppe, ABM, stated that the goal of ABM is to help municipalities free up their general funds and the company guarantees maximum pricing with no change orders for City projects.

City Manager Barker stated that staff has met with ABM and recommends Council schedule one-onone meetings to discuss their services. Council discussed the Agenda Item regarding ABM's services, joint collaboration of staff and ABM, planning for costs associated with implementing the services, and agreed to move forward with scheduling one-on-one meetings with ABM.

{TIME: 8:14 P.M.) The following Satellite Beach resident addressed Council: John Fergus. Mayor Catino adjourned the meeting at 8:17 p.m.

Leonor Olexa, CMC City Clerk

CITY COUNCIL WORKSHOP MEETING UNAPPROVED MINUTES

AUGUST 1, 2018

Pursuant to Public Notice, Mayor Frank Catino convened a workshop meeting of the City Council on Wednesday, August 1, 2018, at 6:50 p.m., in the Council Chamber. Those present were Mayor Frank Catino, Vice-Mayor Dominick Montanaro, Councilman Mark Brimer, Councilwoman Mindy Gibson, Councilman Steve Osmer, City Manager Courtney Barker, and City Clerk Leonor Olexa.

(TIME: 6:50 P.M.) INTERVIEW BOARD APPLICANT Council interviewed board applicant Laurie Heyes.

Mayor Catino stated that board appointments would be made at the regular Council meeting following the workshop.

Mayor Catino adjourned the meeting at 6:53 p.m.


CITY COUNCIL REGULAR MEETING UNAPPROVED MINUTES

AUGUST 1, 2018

Pursuant to Public Notice, Mayor Frank Catino convened a regular meeting of the City Council on Wednesday, August 1, 2018, at 7:00 p.m., in the Council Chamber. Those present were Mayor Frank Catino, Vice-Mayor Dominick Montanaro, Councilman Mark Brimer, Councilwoman Mindy Gibson, Councilman Steve Osmer, City Attorney James Beadle, City Manager Courtney Barker, and City Clerk Leonor Olexa.

Councilman Brimer led a moment of silence and the Pledge of Allegiance.

(TIME: 7:02 P.M.) CITIZEN COMMENTS • City resident Dale Abrahams spoke about the challenges of the sound system at the July 25th

workshop meeting and inquired about the funds used to purchase the Jackson Avenue property.

• Non-resident Sandra Cain spoke about sewage capacity/non-concurrency development within the northern area of the City. She suggested having the sewage piping at South Patrick Shores connected with the old base housing area that is serviced by Cocoa Beach. She also had concerns about the health of the Indian River Lagoon.

• Non-resident Alexander (young boy) spoke about impacts of sewage dumping into the Indian River Lagoon; the Lagoon's health has also impacted over 2,500 wildlife species, and the tourist economy. He asked for Council to look at the long-term health of the Lagoon.

• Non-resident Emily (young girl) spoke about learning about the health of the Indian River Lagoon; learning about referenced sewage dumping in Lake Okeechobee and the impact that has occurred (fish kills, dead manatees and dolphins). She asked for help in saving the environment.

Mayor Catino explained that the National Estuary Program in conjunction with Brevard Zoo will be hosting a public meeting in September that will talk about their program and plan for the Indian River Lagoon and invited those interested to attend.

(TIME: 7:11 P.M.) CITY COUNCIL COMMENTS Vice-Mayor Montanaro spoke about Janet Petro will be inducted into the Florida Women's Hall of Fame and Scotty Culp who was inducted to the Florida Women's Hall of Fame. He recommended honoring them with a proclamation at a future meeting; Council concurred. He also attended the monthly business meeting at Whiskey Pub, Brigadier General Wayne Monteith's retirement ceremony, and the City's July 25th workshop meeting.

Mayor Catino attended Brigadier General Wayne Monteith's retirement ceremony, the City July 25th

workshop meeting, and a Florida Department of Transportation (FDOT) meeting. The City received assurance that FDOT would be installing rapid flashing beacons at the pedestrian crosswalks. City Manager Barker stated that she received FDOT's project schedule.

(TIME: 7:15 P.M.) CITY ATTORNEY REPORT None.

Council agreed to adjust the sequence of the agenda items.

COUNCIL UNAPPROVED MINUTES AUGUST 1, 2018 Regular Meeting PAGE2

(TIME: 7:15 P.M.) DISCUSS/TAKE ACTION ON ORDINANCE NO. 1163, AN ORDINANCE OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, AMENDING ORDINANCE NOS. 1005 AND 1017 ALLOWING A CONDITIONAL USE FOR A CONGREGATE LIVING FACILITY FOR PROPERTY LOCATED AT 500/510, 520/522 AND 530/532 LEE AVENUE AND 505/515, 517/525 AND 527/535 JACKSON AVENUE: DESCRIBED AS EAU GALLIE SHORES, LOTS 14-21, 24 AND 25, BLOCK 20: ZONED RM-1, BY INCREASING THE NUMBER OF AUTHORIZED RESIDENTS FOR THREE OF THE BUILDINGS, ELIMINATING THE NONASSIGNABILITY LIMITATION/LIMITATION ON CHANGE IN OWNERSHIP: ELIMINATING LIMITATION ON ALLOWING RESIDENTS WITH MENTAL DEFICITS: PROVIDING FOR SEVERABILITY: AND PROVIDING AN EFFECTIVE DATE (FIRST READING) City Attorney Beadle read Ordinance No. 1163 by title on first reading. Building Official John Stone stated that the code amendment would allow increasing bed capacity from eight residents to nine residents; remove the conditional use permit non-assignable provision; and remove condition prohibiting nursing services, mental health patients, Alzheimer patients or related disorders. The ordinance has been reviewed by the Board of Adjustment and Planning Advisory Board and they recommend approving the amendments. Council discussed the Agenda Item felt this would be a great asset to the community and achieves the City's goal of aging in place.

(TIME: 7:18 P.M.) The following Satellite Beach residents addressed Council: Dale Abrahams, Doug Evans, Beth Arend, and Debra Buchanan Stone. Building Official John Stone responded to questions.

ACTION: Councilman Brimer MOVED, SECOND by Councilman Osmer, to approve Ordinance No. 1163 on first reading. VOTE: ALL YES. MOTION CARRIED.

(TIME: 7:23 P.M.) CITY MANAGER REPORT City Manager Barker reported on the upcoming ethics training, Council town hall meetings, and Brevard County Citizen's Oversight Committee meeting; Ordinance No. 1160 has been tabled by the Planning Advisory Board and is scheduled to be presented to Council in September; and a letter thanking Interim Fire Chief Dave Abernathy for helping Rockledge Fire Department's assessment process.

• Preliminary Report from Tetra Tech - Results of Monitoring Three Wells Principal Matt Shelton, Tetra Tech, presented an overview of the monitoring well results that identified all three wells being under the USEPA's health advisory standard of 0.07 ug/L for Perfluorooctanoic acid (PFOA) and Perfluorooctanesulfonic acid (PFOS) as it relates to drinking water. He also indicated that Tetra Tech is currently reviewing the written report that will be provided once the review is complete. Council discussed the City's well results being below the USEPA's health advisory standard, inquired about the types of manufactured products that produce the PFOA and PFOS, importance of collecting data (Brevard County, Brevard County School Board, Melbourne Beach), having follow-up meetings with the Florida Department of Environmental Protection and the Department of Health, and will meet with Patrick Air Force Base representatives tomorrow. City Manager Barker also inquired about toxic substances and disease registry. Mr. Shelton and City Manager Barker responded to questions.

(TIME: 7:39 P.M.) The following Satellite Beach residents addressed Council: Dale Abrahams, Doug Evans, Alex Rudloff, and Steven Moosman. The following non-residents addressed Council: Jessica Bolton and Sandra Cain.

Mayor Catino stated that the City provided the Civic Center as a venue for an upcoming public

COUNCIL UNAPPROVED MINUTES AUGUST 1, 2018 Regular Meeting

meeting on this topic and is not a City hosted meeting.

PAGE3

(TIME: 7:55 P.M.) DISCUSS/TAKE ACTION ON BEAUTIFICATION BOARD'S RECOMMENDATIONS TO AMEND THE CITY BOARDS HANDBOOK RELATING TO THE BOARD'S GOALS AND MISSION STATEMENT Beautification Board Chair Kay Carsto provided an overview of the Board's recommendations to update their mission statement, detailed the Boards suggestion of duties, and she also addressed the Board's challenges of establishing a quorum and having sufficient board members. She requested to transition to evening meetings in the hopes of being able to recruit board members. Council discussed the Agenda Item regarding evening meetings; working closer with the Sustainability Board; challenges with budget and staff overtime to record meetings; and requested staff look at meeting prior to the Sustainability Board. City Manager Barker responded to questions.

Mayor Catino asked for citizen comments; there were no comments.

ACTION: Vice-Mayor Montanaro MOVED, SECOND by Councilman Brimer, to accept the Beautification Board's recommendations. VOTE: ALL YES. MOTION CARRIED.

DISCUSS/TAKE ACTION ON RESOLUTION NO. 1005, A RESOLUTION OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, AMENDING RESOLUTION NO. 951, WHICH AUTHORIZED MOBILE FOOD VENDING SERVICES AT PELICAN BEACH PARK AND ESTABLISHED FEE SCHEDULES FOR PERMIT APPLICATION FOR MOBILE FOOD VENDING1 TO PROVIDE FOR BEVERAGE VENDING SERVICES AND TO EXPAND THE HOURS SUCH INDIVIDUAL PURVEYORS MAY BE AT THE PARK; AND PROVIDING AN EFFECTIVE DATE Staff requested to postpone this Agenda Item for further review.

{TIME: 8:02 P.M.) PRESENTATION OF FISCAL YEAR 2017-2018 THIRD QUARTER BUDGET REPORT . Comptroller Brittany Jumper presented the 3rd Quarter Budget Report for FY 2017 /2018. Council discussed the Agenda Item regarding the status of FEMA reimbursements for past hurricanes; inquired about recycling funds; law enforcement donations; level of service and staffing pre/during/post hurricane events; and a correction needed on banking fees. City Manager Barker and Comptroller Jumper responded to questions.

Mayor Catino asked for citizen comments; there were no comments.

{TIME: 8:11 P.M.) AGENDA ITEMS FOR NEXT REGULAR COUNCIL MEETING Council discussed agenda items for the next regular Council meeting. Also discussed was the upcoming August 9th town hall meeting.

(TIME: 8:12 P.M.) APPOINTMENT TO BOARDS ACTION: Vice-Mayor Montanaro MOVED, SECOND by Councilman Osmer, to reappoint Nancy Donahue as a primary member to the Beautification Board, term ending 09/01 /21; and to reappoint Donnie Torok as a primary member to the General Employee Pension Plan Board of Trustees, term ending 09/02/21. VOTE: ALL YES. MOTION CARRIED.

ACTION: Councilwoman Gibson MOVED, SECOND by Councilman Osmer, to appoint Laurie Heyes as a primary member to the Library Board. The Council discussed moving alternate member Margie Solliday to a primary member and also referenced applicant Maryann Risi, who was

COUNCIL UNAPPROVED MINUTES AUGUST 1, 2018 Regular Meeting PAGE4

previously interviewed. Councilwoman Gibson MOVED to amend her motion, SECOND by Councilman Osmer, to change the appointment of Margie Solliday from an alternate member to a primary member to the Library Board, term ending 08/01/21; and to appoint Maryann Risi as an alternate member to the Library Board, term ending 06/01/19. VOTE: ALL YES. MOTION CARRIED.

(TIME: 8:17 P.M.) ADOPTION OF MINUTES: JULY 18, 2018, REGULAR MEETING ACTION: Vice-Mayor Montanaro MOVED, SECOND by Councilman Osmer, to approve the minutes as submitted. VOTE: ALL YES. MOTION CARRIED.

Council thanked City Manager Barker for all her efforts with the water issues and for the material information presented by Tetra Tech and coordination with Patrick Air Force Base.

Mayor Catino adjourned the meeting at 8:20 p.m.


CITY COUNCIL ETHICS TRAINING MEETING UNAPPROVED MINUTES

AUGUST 8, 2018

Pursuant to Public Notice, Mayor Frank Catino convened an Ethics Training meeting of the City Council on Wednesday, August 8, 2018, at 12:30 p.m., in the Pelican Beach Clubhouse. Those present were, Mayor Frank Catino, Vice-Mayor Dominick Montanaro, Councilman Mark Brimer, Councilman Steve Osmer, CRA Attorney Cliff Shepard, Assistant City Manager Suzanne Sherman, and City Clerk Leonor Olexa. Councilwoman Mindy Gibson and City Manager Courtney Barker were absent.

Mayor Catino introduced speaker Attorney Cliff Shepard and stated he would be presenting the State required Ethics Training.

CODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES/ARTICLE 11, SECTION 81

FLORIDA CONSTITUTION Attorney Shepard presented an overview of the Ethics Law of Florida as it relates to governmental ethics; applicable laws regarding ethics; conflict of interest; legal and reportable gifts; misuse of public position; doing business with one's agency; conflicting employment and contractual relationship; disclosure or use of certain information; voting requirements; voting conflicts and tests; past examples of ethics violations; and emphasized that a public office is a public trust. Attorney Shepard responded to questions.

OPEN MEETINGS (SUNSHINE LAW) Attorney Shepard presented the Florida Statutory requirements of public meetings to include the following: all meetings of a municipality are required to be open and noticed to the public; the location of the meetings should allow for the public to attended the meeting; minutes are required and are subject to public inspection; applicable laws regarding open meetings; covered examples of case law regarding violations of open meetings and associated attorney's fees/costs; exceptions to the open meetings (executive session meetings and identified who could attend); and emphasized keeping the public in the loop of city business and actions taken. Attorney Shepard responded to questions.

PUBLIC RECORDS Attorney Shepard presented public records requirements regarding applicable laws; impacts for violations and associated penalties; provided the definition of a public record; public accessibility of records; custodian of public records; requirements of filling a records request and allowable fees associated; exemptions/redactions requirements of a record prior to providing to the requester; litigations examples; State requirements for retention/disposition of records; requirements of contractors and accessibility; and proactive measures regarding public records. Attorney Shepard responded to questions.

City Council thanked Attorney Shepard for an informative training session. Attorney Shepard adjourned the meeting at 4:35 p.m.


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Documents

CITY OF SATELLITE BEACH - Revizecms5.revize.com/revize/satellitebeach/Departments/City Clerk/City... · WHEREAS, The City of Satellite Beach is dedicated to being a leader in the