West Melbourne City Council Agenda for March 2, 2021

MAYOR Hal J. Rose

DEPUTY MAYOR CITY HALL John Dittmore 2240 Minton Road West Melbourne, FL 32904 COUNCIL MEMBERS Phone: (321) 837-7774 Daniel Batcheldor Fax: (321) 768-2390 Pat Bentley www.westmelbourne.org Daniel McDow Stephen Phrampus Andrea Young

CITY COUNCIL REGULAR MEETING

AGENDA

March 2, 2021, at 6:30 p.m. City Council Chamber

*See notice regarding communications media technology and public participation on page 5 of the Agenda

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENT MEDITATION

3. ROLL CALL

4. PRESENTATIONS/PROCLAMATIONS/INTRODUCTIONS

A. Certificates of Course Completion to Citizens Leadership Academy *

Mayor Rose will present a Certificates of Course Completion to Citizen Leadership Academy Class of 2020-2021 graduates.

B. Presentation from Space Coast Transportation Planning Organization *

Representatives from the Space Coast Transportation Planning Organization will present on the Minton Road Feasibility Study.

5. PUBLIC HEARINGS

A. Annexation of Two Parcels West of Columbia Lane and North of US 192

Recommendation: Hold a public hearing and approve the second reading of Ordinance No. 2021-01, annexing the 34.52-acre property west of Columbia Lane and I-95 and north of US 192.

Regular City Council Agenda March 2, 2021 Page 2

B. Large Scale Amendment for Property Located West of I-95 and North of US 192

Recommendation: Hold a public hearing and approve the second reading of Ordinance No. 2021-02 adopting the large scale comprehensive plan map amendment (LSA #2021-02) to change the future land use of the property from Residential Two (RES-2) to Industrial, (IND) and Commercial (COM).

C. Rezoning of Property Located West of I-95 and North of US 192

Recommendation:

1. Approve the second reading of Ordinance No. 2021-03, rezoning 34.52 acres from AU to C-P (Commercial Parkway) and M-1(Light Industrial) with the condition that the comprehensive plan map amendment (large scale) is approved; and

2. Approve the binding development plan, and authorize the Mayor to execute the same upon approval of Ordinance No. 2021-03 at second reading.

D. Annexation of Property located on Carriage Gate Drive

Recommendation: Hold a public hearing and approve the second reading of Ordinance No. 2021-04, annexing the 23.27-acre property along Carriage Gate Drive and west of Minton Road

E. Large Scale Amendment for Property Located on Carriage Gate Drive

Recommendation: Hold a public hearing and approve the second reading of Ordinance No. 2021-05 to change the future land use of the subject property from Brevard County Residential 2 (RES-2) and Neighborhood Commercial (NC) to City of West Melbourne Low Density Residential (LD- RES).

F. Rezoning for Property Located on Carriage Gate Drive

Recommendation: Hold a public hearing and approve the second reading of Ordinance No. 2021-06 rezoning the properties from Brevard County GU to City of West Melbourne R-1A (Single-Family Residential) with the condition that the annexation and comprehensive plan map amendment (large scale) are approved.

Regular City Council Agenda March 2, 2021 Page 3

G. Allow Gas Stations in the Gateway Interchange Zoning District

Recommendation: Hold a public hearing and approve the second reading of Ordinance No. 2021-08, changing the Gateway Interchange zoning district per City Council’s February 16th revisions to allow gas stations with placement and performance criteria.

H. Annexation of Property located West of Brandywine Lane and I-95 and South of US 192

Recommendation: Hold a public hearing and approve the second reading of Ordinance No. 2020-13, annexing the property west of Brandywine Lane and I-95 and south of US 192.

I. Large Scale Amendment for Property West of Brandywine Lane and I-95 and South of US 192

Recommendation: Hold a public hearing and approve the second reading of Ordinance No. 2020-14 adopting the large scale comprehensive plan map amendment LSA 2020-02 to change the future land use of the property from Residential Two (RES-2) and Neighborhood Commercial (NC) to Parkway Interchange (P-I).

J. Rezoning for Property West of Brandywine Lane and I-95 and South of US 192

Recommendation: Hold a public hearing and approve the second reading of Ordinance No. 2020-15, rezoning property from AU to GTWY-I (Gateway Interchange) with the condition that the comprehensive plan map amendment (large scale) is approved.

6. PUBLIC FORUM

Persons wishing to speak must fill out a Request to Speak form and hand it to the City Clerk. Comments will be limited to three (3) minutes per person. Public Forum will be limited to thirty (30) minutes.

7. CONSENT AGENDA

A. Approve the Regular City Council meeting minutes for February 16, 2021.

B. Approve and award a contract to USA Services of Florida, Inc., in the amount of $34,020.00 for sweeping streets in the City.

C. Reappoint Rande Matteson to the Business Advisory Board with a term ending November 2021.

Regular City Council Agenda March 2, 2021 Page 4

D. Approve the purchase of two new Ford F-150 pick-up trucks with a total cost of $46,754.00 for the Building Department.

E. Select Summit Professionals, Inc. to perform grant administration and compliance assistance services and authorize the City Manager to enter into a professional services agreement with the firm.

8. ACTION AGENDA

A. 2019-2020 Comprehensive Annual Financial Report and Financial Audit

Recommendation: Receive and file the Comprehensive Annual Financial Report (CAFR) for the Fiscal Year ended September 30, 2020.

B. Amend Distance Requirements for Alcoholic Beverage Sales

Recommendation: Approve the first reading of Ordinance No. 2021-09, amending Chapter 10 – Alcoholic Beverages, Section 10-5 – Distance Requirement for Sale Near School, Church, Kindergarten, Nursery School, Child Care Center or Public Park, to allow for City lessees, concessionaires, contractors, and special event permit holders with alcoholic beverage licenses to operate within defined areas of public park and recreation areas.

9. CITY COUNCIL REPORTS *

Council Member Stephen Phrampus Council Member Daniel Batcheldor Deputy Mayor John Dittmore Council Member Pat Bentley Council Member Andrea Young Council Member Daniel McDow Mayor Hal Rose

10. ADJOURNMENT – TIME CERTAIN NOT LATER THAN 10:30 P.M.

* THERE ARE NO ATTACHMENTS OR BACKGROUND INFORMATION ON THESE ITEMS. Regular City Council Agenda March 2, 2021 Page 5

NOTICE REGARDING COMMUNICATIONS MEDIA TECHNOLOGY AND PUBLIC PARTICIPATION

NOTICE IS HEREBY GIVEN that the West Melbourne City Council will hold a regular meeting at 6:30 p.m., on Tuesday, March 2, 2021, to which all persons are invited. The meeting will be conducted in City Council Chambers at the Veterans Memorial Complex, 2285 Minton Road, West Melbourne, Florida 32904. The meeting will be broadcast live and on demand for members of the public to view on the City’s YouTube channel, which may be reached via links on the City’s website (www.westmelbourne.org), or by entering the following address in your web browser: https://www.youtube.com/channel/UC0rw9- ZqduSTcs6uBNU7_ag.

Pursuant to the United States Center for Disease Control social distancing guidelines, the City Council Chambers will be set up to insure six feet of physical separation between participants or protective shielding. Additional people will be accommodated respecting social distances in an adjacent overflow room in which the meeting will be broadcast live. Should members of the public seated in the overflow room wish to be heard, they will be invited into the City Council Chambers for the purpose of speaking at the appropriate time. Face coverings are required inside the City Council Chambers and all City facilities.

Anyone who wishes to provide public input without personally appearing at the meeting may do so by sending an email to [email protected]. All emails must be received prior to 4:00 p.m. on Tuesday, March 2, 2021. All emails will be provided to the Mayor and each of the City Council Members. Should you wish to have your comment read aloud by City staff at the meeting, please indicate that in your email. The reading of public comments received by email will be limited to three (3) minutes.

All persons wishing to be heard should appear in person at these hearings or send written comments to the City Clerk. All persons and parties are hereby advised that if they should decide to appeal any decision made by the City with respect to any matter considered at the public meeting or hearing described in this notice, they will need a record of the proceedings, and for such purpose, said person or party may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (Chapter 286, Florida Statutes). In compliance with the American with Disabilities Act (ADA), anyone who needs a special accommodation for this meeting should contact the City’s ADA coordinator at 837-7774 at least 48 hours in advance of this meeting.

AGENDA ITEM

March 2, 2021 City Council Meeting

Approved for Submittal By:

______Scott Morgan, City Manager

To Be Presented By:

__C__hristy______Fischer Christy Fischer, Planning Director

To: Honorable Mayor and Members of the West Melbourne City Council

Through: Scott Morgan, City Manager

From: Christy Fischer, AICP, Planning Director

Date: March 2, 2021

SUBJECT

Annexation of two parcels located west of Columbia Lane and I-95 and north of US 192.

RECOMMENDATION

Approve the second reading of Ordinance Number 2021-01, annexing the 34.52-acre property west of Columbia Lane and I-95 and north of US 192.

FISCAL IMPACT

The fiscal impact is the associated advertising and notification costs with annexing. The funds for this advertisement is approximately $1,250 and notification costs comes from the City Clerk’s advertising budget for annexations and have already been included through the end of fiscal year.

5A - 1 DISCUSSION

Properties to be Annexed: (Depicted in the aerial below) The owner of the two subject parcels located west of Interstate 95, west of Columbia Lane, and north of US 192 submitted an application for annexation. Since the properties are contiguous to the city limits and the owner wants to have the properties ready to connect to city sewer and water, our codes require that to obtain urban services, the sites must be annexed into our city.

Property Information No address assigned Owners/Applicant William P. Turnbaugh Acreage 34.52 acres Existing Use of north site Single-Family Residential (S-F Res.), Contractor’s storage yard/office Existing Use of south site Vacant, undeveloped land abutting U.S. 192 Proposed Use of Property S-F Res., Industrial uses, undeveloped commercial abutting U.S. 192

The two parcels shown outlined in red are requesting annexation.

SJP Parkway

5A - 2 Municipal Services — The annexation meets the intent of the Florida Statutes which is to have cities annex adjacent properties and serve them with municipal services. The following describes the existing and future conditions. Transportation: The properties will be able to use US 192 and Columbia Lane for access when either site is developed. However, Columbia Lane, a County road, may be required to be paved.

Utilities: City water lines already exist along the east side of Columbia Lane with a few hydrants located along the street from north to south. City sewer is being extended across the highway to Columbia Lane also.

Stormwater Management: The property when developed will be required to meet the minimum stormwater level of service standards for St. Johns River Water Management District.

Fire: These properties will continue to be served by Brevard County Fire.

Law Enforcement: The West Melbourne Police Department will serve the property instead of Brevard County Sheriff’s Office.

In reviewing proposed voluntary annexations, the City assesses whether the requests meet the minimum requirements as directed by the State of Florida and the City’s Land Development Regulations (LDR). The following sections provide staff’s analysis of these items.

Connection to City water and/or sewer:

During the mid-1990’s, the City enacted an ordinance which required that properties adjacent to the city limits requesting connection to city utilities (water and/or sewer) annex into the city. As stated previously, there are no immediate development plans for these two properties but the applicant desires that these properties have more intense future land use and zoning than it currently has and the immediate ability connect to utilities.

Consistency with Florida Statutes:

a) Section 171.042. Prerequisites to Annexation. Staff Comments—The annexation request is consistent with the provisions of Section 171.042(2), F.S. since urban services are already located on the west side of Interstate 95 in the area to be annexed and the extension of either water or sewer services can feasibly be brought to this site. Brevard County and all affected property owners have been notified of the City’s intent to annex in the subject properties as required by the Florida Statutes.

b) Section 171.044. Voluntary Annexation. Staff Comments — The subject annexation is voluntary and the applicant filed the applications. The City Attorney assisted with the review that the property is located adjacent to the city limits and the ordinance contains property that is reasonably compact. Annexation of the subject property is a logical extension of current city limits.

5A - 3 Consistency with West Melbourne Land Development Regulations (LDR):

a) LDR Section 66-222. Creation of Enclaves. Staff Comments—The annexation of these properties does not result in the creation of an enclave since the site is immediately adjacent to property to the north that is in our city limits and does not create pockets of unincorporated areas. The City Attorney reviews the issue of enclaves prior to staff providing a recommendation.

b) LDR Section 66-227. Comprehensive Plan Amendment. Staff Comments—Newly annexed properties must receive a comprehensive plan future land use designation. This request for annexation is accompanied by a comprehensive plan map amendment in the January 19, 2021 City Council agenda packet and the Commercial, Industrial and Low Density Residential land use designations will be considered for this site.

c) LDR Section 66-228. Assignment of zoning classification. Staff Comments—The subject property will be assigned a zoning district simultaneously with a comprehensive plan future land use designation. This will also be heard on January 19, 2021 and the same zoning as the other sites to the west (GTWY-I, Gateway Interchange) will be considered for this site.

Public Notice – The annexation was advertised in the newspaper and notices were sent to property owners within 500 feet and all legal criteria for announcing the annexation have been met. Some of the property owners in Brandywine posted comments on NextDoor Neighbor, however, this property is not adjacent to that subdivision and will not have a direct impact on those properties.

RECOMMENDATION

Motion to approve the second reading of Ordinance Number 2021-01, annexing the property west of I-95 and Columbia Lane and north of US 192.

ATTACHMENT

1. Annexation Ordinance No. 2021-01

5A - 4 Attachment 1

ORDINANCE NO. 2021-01

AN ORDINANCE OF THE CITY OF WEST MELBOURNE, BREVARD COUNTY, FLORIDA, ANNEXING BY VOLUNTARY PETITION PARCELS OF LAND TOTALING APPROXIMATELY 34.52 ACRES LOCATED ON THE SOUTH SIDE OF U.S. 192, WEST OF INTERSTATE 95 AND EAST OF THE ST. JOHNS HERITAGE PARKWAY, AS MORE FULLY DESCRIBED HEREIN; FINDING THAT THE AREA BEING ANNEXED IS REASONABLY COMPACT AND CONTIGUOUS TO THE CITY, THAT THE ANNEXATION OF THE PROPERTY DOES NOT CREATE AN ENCLAVE, AND THAT THE ANNEXATION OF THE PROPERTY OTHERWISE COMPLIES WITH FLORIDA LAW; AMENDING THE CORPORATE BOUNDARIES OF THE CITY TO PROVIDE FOR THE INCORPORATION OF THE REAL PROPERTY DESCRIBED HEREIN; PROVIDING FOR FILING OF THE REVISED CITY BOUNDARIES WITH THE DEPARTMENT OF STATE; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the owners of the property described hereinafter have petitioned the City pursuant to F.S. 171.044 for voluntary annexation of said property into the City; and,

WHEREAS, the City Council hereby finds that the property described hereinafter is reasonably compact and contiguous to the corporate limits of the City, and it is further determined that the annexation of said property will not result in the creation of any enclaves, and it is further determined that the property otherwise fully complies with the requirements of F.S. 171.044 and state law; and

WHEREAS, the City Council hereby finds that the City is able to provide municipal services to the property described herein, and that it is desirable and in the best interest of the City to accept the petition for annexation, and to annex said property.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Melbourne, Brevard County, Florida, that:

Section 1. Findings. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby incorporated as findings of the City Council and the legislative intent of this ordinance.

Section 2. Annexation of Real Property and Amendment of Corporate Boundaries. The following properties located on the north side of U.S. 192, west of Interstate 95 and east of the St. Johns Heritage Parkway, West Melbourne, Florida 32904 and assigned Parcel Identification Numbers 28-36-03-00-03 and 28-36-03-00-4 by the Property Appraiser of Brevard County and totaling approximately 34.52 acres as described below, shall hereby be annexed to and incorporated within the City of West

5A - 5 ORD. NO. 2021-01 Page 2

Melbourne, Brevard County, Florida, pursuant to the voluntary annexation provisions of Section 171.044, Florida Statutes:

LOT 29, FLORIDA INDIAN RIVER LAND COMPANY SUBDIVISION, SECTION 3, TOWNSHIP 28 SOUTH, RANGE 36 EAST, AS RECORDED IN PLAT BOOK 2, PAGE 80 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. TOGETHER WITH THE NORTH 25.00 FEET OF A PORTION OF LOT 19, FLORIDA INDIAN RIVER LAND COMPANY SUBDIVISION, SECTION 3, TOWNSHIP 28 SOUTH, RANGE 36 EAST, AS RECORDED IN PLAT BOOK 2, PAGE 80 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 19 AND RUN N89°31’01”E ALONG THE NORTH LINE OF SAID LOT 19 A DISTANCE OF 316.24 FEET TO THE WESTERLY RIGHT OF WAY OF COLUMBIA LANE (AN 80 FOOT RIGHT OF WAY); THENCE S00°02’55”E ALONG SAID WEST RIGHT OF WAY A DISTANCE OF 25.00 FEET; THENCE S89°31’01”W A DISTANCE OF 316.24 FEET TO THE WEST LINE OF SAID LOT 19; THENCE N00°10’40”W ALONG THE WEST LINE OF LOT 19, 25.00 FEET TO THE POINT OF BEGINNING; TOGETHER WITH AN EASEMENT FOR INGRESS/EGRESS BEING THE NORTH 50.00 FEET OF EAST 50.00 FEET OF LOT 20, FLORIDA INDIAN RIVER LAND COMPANY SUBDIVISION, SECTION 3, TOWNSHIP 28 SOUTH, RANGE 36 EAST, AS RECORDED IN PLAT BOOK 2, PAGE 80 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, AND ALSO BEING SUBJECT TO A 25 FOOT DRAINAGE EASEMENT OVER THE WEST 25 FEET OF LOT 29 AND ALSO BEING SUBJECT TO AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 25 FEET OF THE EAST 100 FEET OF SAID LOT 29.

Property on 192

THE WEST ½ OF SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 3, TOWNSHIP 28, RANGE 36, EXCEPT ROAD RIGHTS OF WAY AND PART OF DEED TO THE D.O.T. AS RECORDED IN OFFICIAL RECORDS BOOK 586, PAGE 644, PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA

A map showing the location of said property is attached as Exhibit “A” to this Ordinance, which is incorporated by reference as if fully set forth herein. Such land shall immediately become subject to the jurisdiction and powers of the City of West Melbourne, Florida. The corporate boundaries of the City of West Melbourne are hereby revised to include the land described herein.

Section 3. Utilities Notification. The City Clerk is hereby directed to notify all utility companies servicing this property of this annexation.

Section 4. County Notification. The City Clerk is hereby directed to provide a copy of the notice of annexation, via certified mail, to the Brevard County Board of

5A - 6 ORD. NO. 2021-01 Page 3

County Commissioners at least 10 days prior to the time of publishing said notice as provided for in Florida Statutes, Section 171.044(6).

Section 5. Department of State Notification. The City Clerk is hereby directed to file, via certified mail, a certified copy of this Ordinance with the Department of State of the State of Florida, the Brevard County Clerk of the Circuit Court for recording and the Brevard County Chief Administrative Officer, within seven (7) days after the adoption of this Ordinance, as provided for in Florida Statutes, Section 171.044(3). Any change in the municipal boundaries shall be filed with the Department of State within 30 days. A copy of such revision must be submitted to the Office of Economic and Demographic Research along with a statement specifying the population census effect and the affected land area, as provided for in Florida Statutes, Section 171.091.

Section 6. Repeal. All ordinances, resolutions, official determinations or parts thereof previously adopted or entered by the City or any of its officials and in conflict with this ordinance are hereby repealed to the extent inconsistent herewith.

Section 7. Severability. That the provisions of this ordinance are declared to be severable and if any section, sentence, clause or phrase of this ordinance shall for any reason be held by a court of competent jurisdiction to be invalid or unenforceable, such decision shall not affect the validity of the remaining terms, provisions, clauses, sentences, or sections of this ordinance but they shall remain in effect, it being the legislative intent that this ordinance shall stand notwithstanding the invalidity of any part.

Section 8. Non-codification. The provisions of this ordinance shall not be codified and incorporated within the Code of Ordinances of the City of West Melbourne, Florida, but the annexed property shall be incorporated and included in all appropriate maps of the City limits of the City of West Melbourne.

Section 9. Effective Date. This ordinance shall become effective immediately upon its adoption by the City Council on second reading.

PASSED AND ADOPTED by the City Council of the City of West Melbourne, Brevard County, Florida, this 2nd day of March 2021.

______HAL J. ROSE, MAYOR ATTEST:

______CYNTHIA HANSCOM, CITY CLERK

Reviewed as to form and legal sufficiency:

1ST READING: January 19, 2021 2nd READING: March 2, 2021 Morris Richardson, City Attorney

5A - 7 ORD. NO. 2021-01 Page 4

Exhibit “A”

Image showing City limits and parcel to be annexed.

Disclaimer: This map is representational only and is not a survey nor a map created on a Geographic Information System. Depicted property lines are approximate. Refer to the legal description for the exact property area.

5A - 8 AGENDA ITEM

March 2, 2021 City Council Meeting

Approved for Submittal By:

______Scott Morgan, City Manager

To Be Presented By:

__C____hr__is__t__y __F__is__ch__e__r__ Christy Fischer, Planning Director

To: Honorable Mayor and Members of the West Melbourne City Council

Through: Scott Morgan, City Manager

From: Christy Fischer, AICP, Planning Director

Date: March 2, 2021

SUBJECT

Amend the Future Land Use Map on property west of Interstate 95, on the north side of U.S. 192 from Brevard County Residential Two (RES-2) to City of West Melbourne - Industrial, (IND) and Commercial (COM).

RECOMMENDATION

Approve the second reading of Ordinance Number 2021-02 adopting the large scale comprehensive plan map amendment (case #LSA 2021-02) to change the future land use of the property from Residential Two (RES-2) to Industrial, (IND) and Commercial (COM).

FISCAL IMPACT

The funds for part of this advertisement comes from the applicant.

5B - 1 DISCUSSION PROPERTY ADDRESS – located west of APPLICANT/PROPERTY OWNER Interstate 95, on the north side of US 192 William P. Turnbaugh (SR 500) PUBLIC HEARING DATE – LOCATION RELATED TO SURROUNDINGS January 12, 2021 P&Z West of I-95 on the north side US 192 March 2, 2021 City Council-adoption BRIEF SUMMARY OF REQUEST

The subject properties are in the process of being annexed and the future land use designation on two parcels is to be changed from Residential Two (RES-2) in the County to Industrial (IND) and Commercial (COM) in the City. The property at 4910 Suapres Lane has an existing single-family residence and a contractors storage yard/office (industrial type uses). The request for 4910 Suapres Lane is the U.S. 192 Industrial (IND) land use designation. The Columbia Lane property abutting U.S. 192 is vacant undeveloped and the request is for Commercial (COM). The properties that are subject to this comprehensive plan map amendment are shown in red outline on the aerial map here. The future land use designation assignment is contingent on the property being annexed. STAFF RECOMMENDATION APPROVE APPROVE WITH CONDITIONS DENY

COMPATIBILITY with the COMPREHENSIVE PROPERTY HISTORY PLAN The property at 4910 Suapres Lane contains a single-family residence and The proposed map amendment is consistent a contractor’s storage yard/office, approximately in the middle of the with the policies in the City’s Horizon 2030 site. The property abutting U.S. 192 is vacant undeveloped. The property Comprehensive Plan that support low owner is currently annexing both properties into the City. density residential, industrial and commercial uses. COMPATIBILITY with the LAND DEVELOPMENT REGULATIONS The proposed map amendment to designate the properties with – Industrial (IND) and Commercial (COM) is consistent with the Zoning Districts requested, Light-Industrial and Warehousing (M-1) and Commercial Parkway (C- P).

ATTACHMENTS (CIRCLE) SUBMITTED PLANS PUBLIC LEGAL NOTICE LEGAL DESCRIPTION Proposed Future Land Use HEARING Map Comprehensive plan PETITION/ APPLICATION FORM

5B - 2 Property Information Table William P Turnbaugh 34.52 acres – Single-Family Residential, Applicant Contractors storage yard/office (Industrial uses) and vacant Owners/Acreage/Existing Use undeveloped property abutting U.S. 192 Existing FLU: Brevard County RES-2, Residential Two, 34.52 acres Proposed FLU: City of West Melbourne Industrial (IND) and Commercial (COM) Single-Family Residential, Industrial uses and vacant undeveloped Proposed Use: commercial abutting U.S. 192

Background Information— This Future Land Use designation request was submitted to the State Department of Economic Opportunity (DEO) and other State agencies, a change to the for their review. The applicant is requesting to change 34.52 acres of property from Brevard County Residential Two (RES-2) to City of West Melbourne Industrial, (IND) and Commercial (COM), and as a separate action to rezone the properties from Brevard County AU (Agriculture Use) to City of West Melbourne Light-Industrial and Warehousing (M-1), Low Density Residential (LD-RES) and Commercial Parkway (C-P). Staff had suggested that a small portion of the site at the north end remain residential to offer a buffer to the residential designated property to the north. However, Council and the applicant discussed this proposal and determined to have all of the north half be designated industrial with a binding development agreement. The binding development agreement is part of the rezoning staff report for Council to review and approve.

The proposed map amendment is a large scale comprehensive plan map amendment because the property is more than ten (10) acres. In February, staff received emails and letters that there were no comments from State agencies in regards to negative impacts to State resources.

Future Land Use Direction Existing Use Jurisdiction (see attached maps) Vacant land City of West North Low Density Residential Melbourne Space Coast Town Center master City of West South Parkway Interchange plan Melbourne Vacant lots and built sites along City of West East Columbia Lane Melbourne and Industrial Brevard County Vacant lots on the east side of the Brevard County West Residential Two St. Johns Heritage Parkway

5B - 3 Future Land Use Designation to be changed on the property indicated below

The request is to change the RES-2 designation to IND and COM

Surrounding Properties

Environmental Site Data—

Flood Zone: This property is in Flood Zone AE, as determined by the 100-year base flood elevation and development will have to comply with flood compensation requirements.

Natural Resources: The impact on surrounding natural resources will be assessed when the site is developed but the property at 4910 Suapres Lane has already been cleared and developed.

Staff Analysis—

There are two types of amendments to a comprehensive plan: small scale and large scale. The proposed amendment is considered large scale because the size of the property on the future land use map is more than ten (10) acres. The Planning and Zoning Board, as the City’s Local Planning Agency (163.3174 F.S.), held its public hearing and deliberation hearing on the request and provided a recommendation to the City Council. The Council will ultimately determine whether to approve or deny the request.

5B - 4 Initially staff had recommended that there be a buffer at the north edge of 4910 Suapres Lane (17.63 acres) from the adjacent single family designated site to the north. However, staff’s recommendation of approximately 0.85 acres to be left with a residential designation to buffer potential single family to the north (approx. 659’ by 56’) will instead be a requirement in a binding development plan. Usually industrial areas are not immediately adjacent to single-family residential and the 0.85 acres as non-building area would provide land as a transition between the industrial to single-family residential. The single family house that exists at 4910 Suapres Lane is not in this 0.85 acre sliver but rather roughly in the middle of the parcel below it.

This leaves the 16.89 acres along US 192 to be designated commercial as indicated below.

IND

COM

Development Potential for Large Scale Amendment:

The State requires that when a local government analyzes concurrency for a future land use amendment, the analysis be based on the most intense use allowed in the proposed future land use category. This maximum is not usually reflective of what can or cannot be built on the site after all other features are accommodated such as stormwater, parking, and buildings, but helps local governments in determining a worst case scenario for future planning of infrastructure.

5B - 5 Maximum Intensity/Density per Maximum Development Potential Future Land Use Designation FLU RES – 2 in the County 69 Dwelling units 2 dwelling units per 34.52 acres = (Residential Two)

IND (Industrial in the City) on 575,972 square feet 0.75 Floor Area Ratio * 17.63 the north property COM (Commercial in the City) 367,864 square feet 0.5 Floor Area Ratio * 16.89 acres on the south property

The Commercial future land use designation allows professional office, personal services, convenience stores, and other businesses. The industrial future land use designation allows manufacturing, wholesaling, storage, and distribution/shipping facilities.

The above table shows the marked difference between the existing “Residential Two” that could be built in the County for the entire 34.52 acres of 69 dwelling units and the potential 943,836 square feet of commercial and industrial that could be built with the more intense City future land use designations. However, as with other properties along the periphery of the City, the County’s future land use designation has not changed in many years and the property is underdeveloped given its proximity to the new interchange on I-95 and the St. Johns Heritage Parkway. Although a residential developer could create only a 69-lot subdivision but it is more likely that the developer would ask for a significant increase in density more in the order of 5 dwelling units per acre which would yield 172 dwelling units.

The impact of potential commercial and industrial uses if the properties are in the city limits is more than if a residential subdivision were created in the unincorporated County. However, as with other comprehensive plan map amendment analyses, the potential 943,836 square feet would most likely not be built due to parking and stormwater requirements for businesses. Realistically the typical lot coverage would be 311,864 square feet or a building coverage of 33% on the 34.52 acres which would result in less demand for water and sewer, and fewer trips. Although the State of Florida no longer requires transportation concurrency for development, the potential daily trip generation for industrial would be 362 trips per day and 1401 trips per day for commercial. A residential subdivision with 69 lots could generate 660 average daily trips, less than the transportation impacts from the commercial and industrial uses.

The City’s Comprehensive Plan’s Future Land Use Element contains a policy which states that future land use map amendments such as this, shall be evaluated upon location, adjacent land use, proposed development, buffering of non-like uses, and infrastructure capacity of water, sewer, and solid waste. The potential impact to infrastructure capacity and adjacent land uses were already mentioned, however, it is important to note from a land use compatibility perspective, that there would be negligible difference between residential development and commercial and industrial development on this property. As stated previously, the fact that this property is less than half a mile to US 192, to I-95, and to the St. Johns Heritage Parkway makes the site poised to develop with more intense uses than strictly a residential subdivision.

Adequate Public Services/Facilities:

5B - 6 required by Florida Statutes for comprehensive plan amendments, but does not reserve actual water or sewer capacity, only that there is still sufficient capacity to serve the property at maximum build out.

Water and sewer concurrency - City staff consulted with the Public Works about the use of the site as commercial and industrial if developed under these respective future land use designations. The comparison of development in County’s RES-2 land use designations (current FLU) versus the “Commercial” and “Industrial” designations (proposed FLU) reveals that overall demand for water, sewer and solid waste are higher but still acceptable for urban intensities.

Other Public Services—

Transportation: Primary Access: St. Johns Heritage Parkway and US 192

Staff has estimated traffic generation rates of 660 Average Daily Trips (ADT) for 69 units of single family housing and 1764 ADT for the land area developed with commercial and industrial uses.

This property currently has a finger like extension of property to connect to Columbia Lane (a County dirt road). Improvements needed to Columbia Lane or US 192 will be assessed by the governing agencies, Brevard County and FDOT, with input by the City. Since the St Johns Heritage Parkway is newly completed there are very few traffic counts available at this time on this arterial road and the current low traffic volume indicates there is sufficient capacity in the 4-lane limited access arterial to accommodate this development and others along the parkway.

Utilities: The property owner desires to connect to city water and sewer with the proposed development. There is capacity in our systems to accommodate the potential development of commercial, industrial and a small amount of residential units on 34.52 acres.

Stormwater: Any development of a site requires that stormwater runoff from roads, sidewalks, roofs, etc. be kept on the developed site and not impact surrounding uses.

Fire & Police: Brevard County Fire and Rescue provides fire protection and emergency services. City of West Melbourne Police will serve the property.

School: Since no part of the property could have single-family development, there is no need for the Brevard Public Schools concurrency analysis with this future land use map amendment.

City Code Citation: Land Development Regulations Section 66-520. Amendment process

State Requirements:

The following criteria have been reviewed to determine the appropriateness of the land use amendment request:

Florida Statutes Ch. 163, pt. II: The request is consistent with the provisions of Ch. 163, pt. II, F.S. which contain the criteria for required items needed for comprehensive plan future land use map amendments and sending these to the State and local agencies.

5B - 7 Consistency with the 2010 Comprehensive Plan:

According to the land development regulations (LDR) Section 66-518, comprehensive plan amendments must be in compliance with the City’s comprehensive plan and state requirements. The consistency review of the request with the comprehensive plan predominantly assesses whether the request is consistent with the intended designation, discourages urban sprawl, creates neutral or minimal concurrency impacts and has minimal impacts to natural systems. The Future Land Use Element and other policies in other chapters of the comprehensive plan related to:

The following is City staff’s analysis of urban sprawl, minimal concurrency impacts and impacts to natural systems:

Future Land Use (FLU) Designation Evaluation 2.4 Economic and Business Development Future Land Uses “The city’s commercial, professional, and industrial activity centers are designed to provide the community a healthy economic and business environment by supporting the city’s quality of life, providing essential private business services and products, and creating high quality jobs.”

a. “Commercial (COM): The Commercial land use designation consists of a variety of commercial, retail, office, professional, service, and hotel/motel lodging activities located in neighborhood business districts, shopping centers, and highway commercial uses. Limited warehouse activities may also be included in commercial land uses. ”

b. “Industrial (IND): In general, Industrial uses shall be located on local and collector roadways adjacent to Commercial, and other Industrial land use designations.”

Staff Comments – The proposed assignment of Commercial and Industrial future land use designations to the 33.72 acres and 1-acre of Low Density Residential is consistent with the future land use policies promoting employment centers and services and supplies for an urban population. There is no doubt that the properties located between the St. Johns Heritage Parkway and I-95 will continue to convert from semi-agricultural uses and more intense uses.

FLU Policy 5.6c: “Future Land Use Amendments- Amendments to the future land use map as either large scale or small scale map amendments shall be guided by these principles in addition to statutory requirements:

c. All land uses – Each amendment shall be evaluated upon the proposed location, adjacent land use, proposed development (amount of units or square footage of non- residential), facility capacity and buffering of uses between non-like designations, except for mixed use designations.” Staff Comments – The future land use map change for this property to Commercial and Industrial is in an area that soon will experience continued urbanization since the north segment of the St. Johns Heritage Parkway from U.S. 192 to the overpass of I-95 to Ellis Road interchange have been

5B - 8 completed and many developers have expressed an interest in developing the west side of both interchanges, Ellis Road and US 192. Multi-modal Policy 3.1 Coordinated Land Use Practices and Transportation Systems: “Utilize the city’s long-range planning practices and development review to coordinate land use practices and transportation system expansions.…”

Staff Comments – Within several miles, there is direct access to over 6 aerospace and defense contractors, Harris, Embraer, DRS Technologies, Thales, Rockwell Collins, and Northrup Grumman, not including the numerous others that support these companies or are independent of these, representing thousands of jobs. Designating the 33.52 acres to have both commercial and industrial uses allows the common types of development near highway interchanges which supports the city’s policies of coordinating land use and transportation systems.

Urban Sprawl

Comprehensive Plan amendments are reviewed to ensure compliance with the requirements of Florida Statutes, regarding urban sprawl.

Staff Comments—The proposed assignment of the Commercial, Industrial land uses and a very minor amount of Low Density Residential future land use designations to these two properties that is poised to see an influx of urban development with close proximity to the two highway interchanges and the St. Johns Heritage Parkway and the I-95 interchange of US 192 is a logical extension of urban uses being centered along major road intersections.

Public Service Standards and Infrastructure Systems Policy FLU Policy 1.5 states, “Provide the community with a good quality of life by ensuring that there is adequate public services and infrastructure capacity for current and future developments. The City will meet the community’s public service demands by addressing the following:

a. City’s capacity to deliver basic public services and maintain its public facilities and infrastructure systems.”

Staff Comments – The City has capacity to deliver basic water and sewer services and to continue serving its existing customer base. Water and sewer are along Columbia Lane which is to the south of this property.

Public Facilities Policy 1.4, Development Expansion, states, “Require development to connect to city public utility services as part of the site and development review process…”

Staff Comments – The City is requiring potable water and sewer services be provided to the site.

Consistency with the Land Development Regulations (LDR):

Staff also reviews the request to determine whether or not it is consistent with the LDRs.

LDR Section 66-519. Amendment application. Staff Comments—The submitted application complies with the code requirements for its content and completeness. Staff has determined the request is consistent with the goals, objectives and policies in the Future Land Use Element and other portions of the Comprehensive Plan.

5B - 9 Conclusion –

Staff has analyzed the proposal by the applicant, and applying the Commercial, Industrial, and Low Density Residential future land use designations to these properties that are close to two highway interchanges and another major arterial is logical urban expansion within half a mile of major road intersections. The property that is subject to this proposed future land use map amendment furthers the City’s policies of increased development in concentrated areas thereby reducing the need for utility line upsizing or the creation of new roads, and furthering the policies for additional employment centers in the city limits besides the predominance of single family residential neighborhoods we experience as a bedroom community. The location of these proposed future land uses also furthers the Comprehensive Plan desire to have areas of the city in close proximity to jobs and transit and this location is close to several major employers. The buffering of potential residents to the north will be accomplished by restrictions in the development agreement associated with the rezoning, not with the comprehensive plan map amendment.

Public Notice: The large scale comprehensive plan amendment was advertised with a map in the local section of the Florida Today in November and courtesy notices were mailed to the surrounding property owners within 500 feet of the property.

Previous Action: The Planning and Zoning Board conducted its transmittal public hearing on January 12, 2021 and voted 4-0 to recommend that City Council transmit a set of three land use designations (Low Density Residential, Commercial and Industrial) for the two properties.

City Council conducted its transmittal public hearing on January 19, 2021 and voted to send this large scale comprehensive plan map amendment to the State and regional agencies but with the property at 4910 Suapres Lane being completely designated as Industrial instead of the previous proposal of 0.85 acres being designated as Low Density Residential and the remainder Industrial. The case was sent to the State agencies shortly after this for their review. The State of Florida review agencies found no impacts to State facilities, therefore the City can proceed with approving the future land use map amendment.

RECOMMENDATION

Approve the second reading of Ordinance Number 2021-02, and adopt the future land use map amendments on the 34.52 acres of property located west of I-95 from Residential Two to Commercial and Industrial conditioned on the property being annexed.

ATTACHMENTS 1. Future Land Use Maps 2. Ordinance Number 2021-02

5B - 10 Attachment 1 Current Land Use Brevard County Residential 2

RES-2

Proposed Future Land Use City of West Melbourne Industrial and Commercial

IND

COM

5B - 11 Attachment 2

ORDINANCE NO. 2021-02

AN ORDINANCE OF THE CITY OF WEST MELBOURNE, BREVARD COUNTY, FLORIDA AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN TO PROVIDE FOR IND (INDUSTRIAL) AND COM (COMMERCIAL) LAND USE ON 34.52 ACRES OF NEWLY ANNEXED LAND GENERALLY LOCATED ON THE NORTH SIDE OF U.S. 192, WEST OF INTERSTATE 95, AND EAST OF ST. JOHNS HERITAGE PARKWAY, AND AS MORE FULLY DESCRIBED HEREIN; ESTABLISHING AN APPROPRIATE LAND USE FOR THE PROPERTY; PROVIDING FOR INCORPORATION INTO THE COMPREHENSIVE PLAN; EXTENDING THE GOALS, OBJECTIVES, AND POLICIES AND OTHER LAND USE PLANNING REQUIREMENTS TO THE PROPERTY; AND, PROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED by the City Council of the City of West Melbourne, Brevard County, Florida, that:

Section 1. Large Scale Comprehensive Plan Amendment Number 1 in 2021 (LSA-2021-01) is hereby adopted.

Section 2. The Future Land Use Map of the Comprehensive Plan of the City is hereby amended to provide for IND (Industrial) and COM (Commercial) land use on the property more particularly described as follows:

34.52 acres – Parcel Identification Numbers 28-36-03-00-3 and 28-36-03-00-4

5B - 12 ORD NO. 2021-02 Page 2

316.24 FEET TO THE WEST LINE OF SAID LOT 19; THENCE N00°10’40”W ALONG THE WEST LINE OF LOT 19, 25.00 FEET TO THE POINT OF BEGINNING; TOGETHER WITH AN EASEMENT FOR INGRESS/EGRESS BEING THE NORTH 50.00 FEET OF EAST 50.00 FEET OF LOT 20, FLORIDA INDIAN RIVER LAND COMPANY SUBDIVISION, SECTION 3, TOWNSHIP 28 SOUTH, RANGE 36 EAST, AS RECORDED IN PLAT BOOK 2, PAGE 80 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, AND ALSO BEING SUBJECT TO A 25 FOOT DRAINAGE EASEMENT OVER THE WEST 25 FEET OF LOT 29 AND ALSO BEING SUBJECT TO AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 25 FEET OF THE EAST 100 FEET OF SAID LOT 29.

Property on 192

Section 3. The Comprehensive Plan of the City is hereby amended to establish a proper and appropriate future land use for the property described in Section 2 of this ordinance.

Section 4. The City’s goals, objectives, and other land use planning requirements set forth in the Comprehensive Plan are hereby extended to and imposed upon the property described in Section 2 of this Ordinance.

Section 5. The Planning Director is hereby authorized and directed to cause the provisions of Sections 2 through 4 of this Ordinance to be incorporated into and made part of the City’s Comprehensive Plan.

Section 6. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency.

5B - 13 ORD NO. 2021-02 Page 3

PASSED AND ADOPTED by the City Council of the City of West Melbourne, Brevard County, Florida, this 2nd day of March, 2021.

______Hal J. Rose, Mayor

ATTEST:

______Reviewed as to form and content: Cynthia S. Hanscom, City Clerk

______Morris Richardson, City Attorney

1ST READING: January 19, 2021 2ND READING: March 2, 2021

Effective date: April 3, 2021

5B - 14 AGENDA ITEM

March 2, 2021 City Council Meeting

Approved for Submittal By:

______Scott Morgan, City Manager To Be Presented By: Christy Fischer ______Christy Fischer, Planning Director

To: Honorable Mayor and Members of the West Melbourne City Council

Through: Scott Morgan, City Manager

From: Christy Fischer, AICP, Planning Director

Date: March 2, 2021

SUBJECT

Proposed rezoning of properties located west of Interstate 95, off Columbia Lane and Suapres Lane from AU (Agricultural Use in Brevard County) to C-P (Commercial Parkway) and M-1 (Light Industrial).

RECOMMENDATION

1. Approve the second reading of Ordinance Number 2021-03, rezoning 34.52 acres from AU to C-P (Commercial Parkway) and M-1(Light Industrial) with the condition that the comprehensive plan map amendment (large scale) is approved; and 2. Approve the binding development plan, and authorize the Mayor to execute the same upon approval of Ordinance No. 2021-03 at second reading

FISCAL IMPACT

The contribution for this advertisement comes from the applicant, and the City as part of the annexation incentive.

5C - 1 March 2, 2021 DISCUSSION PROPERTY ADDRESS –– located west APPLICANT/PROPERTY OWNER of Interstate 95, near the intersection William P. Turnbaugh, Trustee of Columbia Lane and US 192 PUBLIC HEARING DATES – LOCATION RELATED TO SURROUNDINGS January 12, 2021 P&Z West of I-95 near the US 192/I-95 interchange January 19, 2021 City Council- transmittal BRIEF SUMMARY OF REQUEST

This case is about changing the zoning district on two properties from Agricultural Use (AU) in the County to Commercial Parkway (C-P) and Light Industrial (M-1) with a binding development agreement to allow commercial and industrial uses and to create a buffer without buildings on the north part of the

34.52 acres. The two properties that are Lane Columbia subject to this rezoning are shown in red U.S. 192 outline on the aerial map here. The rezoning and future land use assignments are contingent on the property being annexed.

APPROVE APPROVE WITH CONDITIONS DENY

COMPATIBILITY with the LAND DEVELOPMENT REGULATIONS The proposed use of commercial, industrial and probably a retention pond on the residential portion is consistent with the intent of the C-P and M-1 districts. The property size and dimensions conform to the criteria in the zoning districts.

ATTACHMENTS SUBMITTED PLANS PUBLIC H EARING LEGAL NOTICE LEGAL DESCRIPTION (CIRCLE) PETITION/

Proposed zoning APPLICATION map FORM

5C - 2 March 2, 2021 Background Information:

This is a request by a property owner for the City to rezone a portion of property from AU (County zoning of Agricultural Use) to C-P (Commercial Parkway), and M-1 (Light Industrial). The following information has been compiled to assist the Board in making a determination concerning this request.

Applicant William P. Turnbaugh, Trustee – Total 34.52 acres – Vacant land Owners/Acreage/Existing Use along US 192 and a home and storage Existing Zoning: AU (Agricultural Use County zoning) Proposed Zoning: C-P (Commercial Parkway) and M-1 (Light Industrial) Proposed Use: Future commercial and industrial uses (nothing is planned)

The applicant has no development plans on the 34.52 acres of land, and currently lives on the north property at 4910 Suapres Lane.

Surrounding Properties:

Zoning District Direction Existing Use Jurisdiction (see attached maps) Vacant land City of West R-1A (Single Family North Melbourne Residential) Space Coast Town Center master plan City of West GTWY-I (Gateway South Melbourne Interchange) Vacant lots and built sites along City of West M-1 (Light Industrial) and BU- East Columbia Lane Melbourne and 2 and TU-2 (Business and Brevard County Tourist Uses) Vacant lots on the east side of the St. Brevard County West AU (Residential Agricultural) Johns Heritage Parkway

Environmental Site Data: Flood Zone: The property is in Flood Zone “AE” designation indicative of the 100-year base flood elevation which means the buildings will have to be at a certain elevation and additional retention pond storage may be needed, or they can request a waiver to the Federal Emergency Management Administration (FEMA) if they meet the FEMA criteria.

Natural Resources: The impact on natural resources will be assessed when developed through the site plan process. If there are wetlands on site, these will be either saved or mitigated as determined by the St. Johns River Water Management District.

Adequate Public Services/Facilities: The impact of possible development on water and sewer was analyzed as part of the large-scale future land use designation evaluation. There are no negative impacts to the City’s water or sewer facilities. Traffic capacity has been analyzed for the commercial and industrial and although there would be more trips if the rezoning occurs, the site is currently under used and even if it remains in the County, it is likely that the site would be rezoned and built with more intense uses than currently exists.

5C - 3 March 2, 2021 Staff Analysis:

The applicant is requesting to rezone the property as follows: Acreage/location Current Zoning Proposed Zoning 34.52 acres at the new AU (Agricultural Residential Use) in C-P (along US 192), M-1 (for the interchange at St. John’s unincorporated Brevard County parcel with a connection to Heritage Parkway and I- Columbia Lane, with 0.85-acres as a 95 non-buildable area at the north end

In reviewing the proposed rezoning request, the City assesses whether the request meets the minimum requirements in the Land Development Regulations and whether the request is consistent with the adopted Comprehensive Plan.

Development Potential and Zoning Suitability:

The C-P and M-1 zoning designations are allowed under the City’s Commercial and Industrial future land use designations which the applicant is requesting as a large-scale comprehensive plan map amendment. The C-P and M-1 zoning is compatible with the vacant land to the west since non-residential uses may soon be requested due to the proximity to arterials and highways and the larger employment centers.

The site is in an area where other properties along US 192 are converting from agricultural zoning to suburban zoning and this continues the rezoning trend along the north side of US 192 for a variety of future uses. There is no doubt that the area next to the intersection node of the St. Johns Heritage Parkway and US 192 will develop. This development potential is strengthened because near this existing I-95 interchange, half a mile away is the new interchange of I-95 and limited access 4-lane arterial - St. Johns Heritage Parkway.

Based on the existing land use in the area (commercial on the east side of I-95, and mixed use to the west and south), the property is suitable for the Commercial Parkway and Light Industrial zoning districts. Once the rezoning is approved by City Council, any subsequent specific subdivision plans may have to undergo public hearings and the public would have an opportunity to discuss specific development layout. The property owner has no immediate plans for development, however inclusion in our city limits gives future developers the opportunity to maximize commercial and industrial layouts in the respective zoning districts.

City Codes (Zoning):

A statement from the City’s C-P zoning district describes the area and reads, “Sec. 98-361. - Intent The C-P commercial parkway district is intended to apply to areas located adjacent to a main highway approach to the city.

A statement from the City’s M-1 zoning district describes the area and reads,

“Sec. 98-521. - Intent. The M-1 light industrial and warehousing district is intended to apply to an area located in close proximity to transportation facilities and which can serve manufacturing, warehousing, distribution, wholesaling and other industrial functions of the city and the region.”

5C - 4 March 2, 2021 These statements reiterate what staff has stated in this report regarding the future commercial character of the area west of I-95 and the enhanced vehicular circulation in this area as consistent with the potential commercial, industrial and single family uses.

Consistency with the 2010 Comprehensive Plan:

The Large Scale Map Amendment staff report addresses the factors used to determine consistency of the future land use designation with the goals, objectives and policies in the Comprehensive Plan. These policies have been adequately met and the Florida Statute requirements for comprehensive plan amendments have been satisfied. It is reasonable to have a development pattern in a specific area that contains a variety of commercial and industrial uses next to each other and as stated with the future land use map analysis, a 0.85-acre buffer of property at the north end to buffer less dense uses such as single family neighborhoods if built to the north of the property (see the map below).

M-1

C-P

Consistency with the Land Development Regulations (LDR):

Staff also reviews the request to determine if it is consistent with other LDRs.

Sec. 66-287 - Applications. Staff Comments - The submitted applications comply with the code requirements for their content and completeness.

Sec. 66-288 - Review and recommendation on application. The rezoning request is forwarded to the Planning and Zoning Board for its recommendation and then to City Council for its determination. These findings are based on the LDRs, Comprehensive Plan, surrounding conditions, and the facts surrounding the case.

Staff Comments - The C-P and M-1 zoning designations are allowed under the City’s respective future land use designations as long as the comprehensive plan map amendment is approved. These zonings

March 2, 2021 5C - 5 accommodates more intense development than the County’s rural zoning for the two properties. This change will result in future uses that are less agricultural and more urban like, fitting for an area that has proximity to major arterial roads.

Although staff had recommended that along the north property line in an area that measures approx. 659’ by 56’, there be a separate zoning district that only allowed one single family house, City Council determined that a better course of action would be to have a binding development plan that identified the area as not having any buildings or other structures. Therefore,

Comparison of AU and C-P, M-1 Zoning:

Comparison Feature AU C-P/M-1

Retail, Personal and Agricultural pursuits, dude ranches, fish camps, zoos, Professional uses, hotels, heliports, skateboard ramps, cell towers, foster restaurants and other Principle Uses homes, single-family dwelling including tiny houses, business uses power substations /Manufacturing, warehousing, repair services

Maximum Intensity Not applicable 50%/25% Minimum Lot Area 2.5 acres 4000/22,500 SF Minimum Lot Width 150 feet 40/125 feet Minimum Lot Depth 150 feet 100/125 feet 35 feet for residential structures; 45 feet for 40/40 feet Maximum Height agricultural structures Minimum Setbacks*: Front 125 feet 50/20feet Side, Interior 50 feet 25/0 feet Side, Corner 25 feet 40/20 feet Rear 50 feet 30/20 feet

Staff Comments – Regarding the use table, as described under the row above labeled, “Principal Uses”, the AU and Commercial uses are vastly different, although some of the agricultural uses can be found in the Industrial district too. The 33.67-acre portions of the site exceed the minimum lot depth, and lot width of the C-P and M-1 districts and is therefore compliant with the code dimensions.

Conclusion

The rezoning of this property would be compatible with the surrounding properties and is consistent with the change in character of surrounding sites such as the large development of the “Space Coast Town Center”. There is no proposed development yet on either site and improvements to either US 192 or to Columbia Lane will be determined by other agencies such as FDOT and Brevard County. At the request of City Council during the first public hearing, staff has attached a binding development plan to accompany the rezoning that limits development along the north property line.

March 2, 2021 5C - 6 Public Notice – The rezoning request was advertised in December 2020 in Florida Today and notices were mailed to property owners within 500 feet to advise them of these public hearings on the rezoning and future land use map amendment. No objections have been raised although there is some confusion of this property versus the Space Coast Town Center on the south side of US 192.

Previous Action – The Planning and Zoning Board conducted its public hearing on January 12, 2021 and voted 4-0 in favor of the rezoning to C-P and M-1 with the conditions that the annexation and future land use map amendment are approved.

City Council conducted its public hearing on January 19, 2021 and voted 7-0 in favor of the rezoning but only to C-P and M-1 with no property zoned R-1A and instead to limit buildings and other uses in the 0.85 acre area at the north end of 4910 Suapres Lane.

RECOMMENDATION

Approve the second reading of Ordinance Number 2021-03, rezoning the properties from AU (Agricultural Use) to C-P (Commercial Parkway), M-1 (Light Industrial for 4910 Suapres Lane) and to limit uses on 0.85- acre at the north end of 4910 Suapres Lane with the conditions that the annexation and large-scale comprehensive plan map amendment are approved as part of the binding development plan.

ATTACHMENTS

1. Zoning Maps 2. Ordinance Number 2021-03 3. Binding Development Plan

5C - 7 March 2, 2021 Attachment 1 Current Zoning Brevard County AU

C-P

Proposed Zoning City of West Melbourne R-1A, M-1 and C-P

R-1A

M-1

C-P

5C - 8 March 2, 2021 ATTACHMENT 2

ORDINANCE NO. 2021-03

AN ORDINANCE OF THE CITY OF WEST MELBOURNE, BREVARD COUNTY, FLORIDA, REZONING A NEWLY ANNEXED 34.52 ACRE PARCEL OF LAND GENERALLY LOCATED ON THE NORTH SIDE OF U.S. 192, WEST OF INTERSTATE 95, AND EAST OF ST. JOHNS HERITAGE PARKWAY, AND AS MORE FULLY DESCRIBED HEREIN, FROM BREVARD COUNTY AU (AGRICULTURAL RESIDENTIAL) TO CITY OF WEST MELBOURNE R-1A (SINGLE-FAMILY RESIDENTIAL), M-1 (LIGHT INDUSTRIAL AND WAREHOUSING) AND C-P (COMMERCIAL PARKWAY); PROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED by the City Council of the City of West Melbourne, Brevard County, Florida, that:

Section 1. The Planning Director is hereby directed to change the Official Zoning Map of the City as referenced in Section 98-66 of the Code of Ordinances to show the zoning change set forth in Section 2 of this Ordinance.

Section 2. The property described more particularly as follows is hereby rezoned from Brevard County AU (Agricultural Residential) to City of West Melbourne R-1A (Single-Family Residential), M-1 (Light Industrial and Warehousing) and C-P (Commercial Parkway):

34.52 acres – Parcel Identification Numbers 28-36-03-00-3 and 28-36-03-00-4

5C - 9 ORD NO. 2021-03 Page 2

OF LOT 29 AND ALSO BEING SUBJECT TO AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 25 FEET OF THE EAST 100 FEET OF SAID LOT 29.

Property on 192

Section 3. That this Ordinance shall become effective simultaneously with the effectiveness of Ordinance No. 2021-02, amending the land use of the subject property.

PASSED AND ADOPTED by the City Council of the City of West Melbourne, Brevard County, Florida, this 2nd day of March, 2021.

ATTEST:

______Hal J. Rose, Mayor CYNTHIA HANSCOM, CITY CLERK

Reviewed as to form and content:

______Morris Richardson, City Attorney

1ST READING: January 19, 2021 2nd READING: March 2, 2021

5C - 10 ATTACHMENT 3

After recording return to:

Cynthia S. Hanscom, City Clerk City of West Melbourne 2240 Minton Road West Melbourne, Florida 32904

BINDING DEVELOPMENT PLAN THIS AGREEMENT, entered into this 2nd day of March, 2021, between the City of West Melbourne, a political subdivision of the State of Florida (hereinafter referred to as “City”) and William P. Turnbaugh as Trustee of the Turnbaugh Revocable Trust, whose address is 4910 Suapres Drive, West Melbourne, FL 32904 (hereinafter referred to as “Developer/Owner”). RECITALS WHEREAS, Developer/Owner has requested that the City of West Melbourne annex certain property generally located on the north side of U.S. 192, west of Interstate 95, and east of St. Johns Heritage Parkway, and having Parcel Identification Numbers 28-36-03-00- 3 and 28-36-03-00-4, and being more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the “Property”); and WHEREAS, Developer/Owner has requested Commercial (COM) future land use on Parcel ID No. 28-36-03-00-4, and Industrial (IND) on Parcel ID No. 28-36-03-00-3; and WHEREAS, Developer/Owner has requested Commercial Parkway (C-P) zoning on Parcel ID No. 28-36-03-00-4, and Light Industrial (M-1) zoning on Parcel ID No. 28-36-03- 00-3; and WHEREAS, the City is authorized to regulate development of the Property pursuant to the Horizon 2030 Comprehensive Plan and the Land Development Code of the City of West Melbourne Code of Ordinances. NOW, THEREFORE, the parties agree as follows: 1. In order to buffer the industrial zoned portion of the Property from adjacent vacant residential land to the north, Developer/Owner agrees that no vertical building, outside building material and supply storage area, recycling center storage area, contractor’s storage yard, automotive storage or repair, communications facilities, or any active industrial use shall be allowed, permitted, or located on the north fifty-six (56) feet of Parcel ID No. 28-36-03-00-3.

1 5C - 11 2. Developer/Owner shall comply with all land development regulations and ordinances of the City of West Melbourne, Florida. This Agreement provides no vested rights against changes to the City of West Melbourne Horizon 2030 Comprehensive Plan or land development regulations as they may apply to this Property, providing that such changes do not affect the approved use of the Property. 3. Developer/Owner, upon execution of this Agreement, shall pay to the City the cost of recording this Agreement in the Public Records of Brevard County, Florida. 4. This Agreement shall be binding and shall inure to the benefit of the successors or assigns of the parties and shall run with the subject Property unless or until rezoned and be binding upon any person, firm or corporation who may become the successor in interest directly or indirectly to the subject Property, and be subject to the above referenced conditions as approved by the West Melbourne City Council. 5. Violation of this Agreement will also constitute a violation of the zoning classification for the Property and subject the Property to code enforcement action pursuant to Chapter 98, Zoning, of City of West Melbourne Code of Ordinances. 6. All mandatory conditions set forth in this Agreement mitigate the potential for incompatibility and must be satisfied before Developer/Owner may implement the approved use, unless stated otherwise. The failure to timely comply with any mandatory condition is a violation of this Agreement, constitutes a violation of the zoning classification, and other portions of the City’s Land Development Regulations, and is subject to code enforcement action as described in Paragraph 5 above.

Exhibits A – Legal Description [Signatures appear on following page.]

2 5C - 12 IN WITNESS THEREOF, the parties hereto have caused these presents to be signed all as of the date and year first written above. ATTEST: CITY OF WEST MELBOURNE

______Hal Rose, Mayor ______Cynthia Hanscom, Clerk As approved by the City Council on 3/2/2021 (SEAL)

(Please note: You must have two witnesses and a notary for each signature required. The notary may serve as one witness.)

WITNESS: DEVELOPER/OWNER

______

______(Witness Name typed or printed) William P. Turnbaugh as Trustee of the Turnbaugh Revocable Trust U/T/D July 13, 1994

WITNESS:

______

______(Witness Name typed or printed)

STATE OF FLORIDA § COUNTY OF BREVARD §

The foregoing instrument was acknowledged before me by means of  physical presence or  online notarization, this ___ day of ______, 2021, by William P. Turnbaugh as Trustee of the Turnbaugh Revocable Trust U/T/D July 13, 1994.

______(Signature of Notary Public--State of Florida)

______(Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known  OR Produced Identification  Type of Identification Produced______

3 5C - 13 EXHIBIT A 34.52 acres – Parcel Identification Numbers 28-36-03-00-3 and 28-36-03-00-4

Property on 192

4 5C - 14 AGENDA ITEM

January 19, 2021 City Council

Approved for Submittal By:

______Scott Morgan, City Manager To Be Presented By:

____Christy______Fischer Christy Fischer, Planning Director

To: Mayor and Honorable Members of the West Melbourne City Council

Through: Scott Morgan, City Manager

From: Christy Fischer, AICP, Planning Director

Date: March 2, 2021

SUBJECT

Request for annexation of a 23.27 acre property located west of the Interstate 95 overpass, west of Minton Road on Carriage Gate Drive.

RECOMMENDATION Staff recommends:

Approve the second reading of Ordinance Number 2021-04, annexing the 23.27-acre property along Carriage Gate Drive and west of Minton Road

FISCAL IMPACT

5D - 1 DISCUSSION Applicant: Mr. Cole Oliver of EKS Inc. represented by Bruce Moia, project civil engineer

Requested Action: City Council annexation of the property

Background: Vacant property located along the curve of Carriage Gate Drive is under purchase for a single-family development

Figure 1 – Aerial showing the 23.27 acres in the red outlined area

site

MintonRoad

Municipal Services— The annexation meets the intent of the Florida Statutes which is to have cities annex adjacent properties and serve them with municipal services. The following describes the existing and future conditions. Transportation: The property will use Carriage Gate Drive and Minton Road for access when the site is developed. However, since both Carriage Gate Drive and Minton Road are county roads, the County will have the right to restrict access, require changes in the Minton Road median, etc. The County is currently designing an alteration in the Minton Road median. The County has determined that a traffic signal is not warranted. The developer

5D - 2 will be required to submit a traffic study and coordinate with the County prior to applying for a subdivision.

Utilities: City sewer and water lines already exists along the west side of Brandywine Lane. This property must obtain their water and sewer from the City of West Melbourne.

Stormwater Management: The property when developed will be required to meet the minimum stormwater level of service standards for St. Johns River Water Management District.

Fire: These properties will continue to be served by Brevard County Fire.

Law Enforcement: The West Melbourne Police Department will serve the property instead of Brevard County Sheriff’s Office.

Connection to City water and/or sewer:

During the mid-1990’s, the City enacted an ordinance which required that properties adjacent to the city limits requesting connection to city utilities (water and/or sewer) annex into the city.

Consistency with Florida Statutes:

a) Section 171.042. Prerequisites to Annexation. Staff Comments—The annexation request is consistent with the provisions of Section 171.042(2), F.S. since urban services are already located on the west side of Interstate 95 in the area to be annexed and the extension of either water or sewer services can easily be brought to this site as it will be integrated with the Space Coast Town Center. Brevard County and all affected property owners have been notified of the City’s intent to annex in the subject properties as required by the Florida Statutes.

Consistency with West Melbourne Land Development Regulations (LDR):

5D - 3 limits, and there are still properties to the south that are in unincorporated County. The City Attorney reviews the issue of enclaves prior to staff providing a recommendation.

b) LDR Section 66-227. Comprehensive Plan Amendment. Staff Comments—Newly annexed properties must receive a comprehensive plan future land use designation. This request for annexation is accompanied by a comprehensive plan map amendment in the January 19, 2021 City Council agenda packet and the same land use designation as the abutting properties to the west (Parkway Interchange) will be considered for this site.

c) LDR Section 66-228. Assignment of zoning classification. Staff Comments—The subject property will be assigned a zoning district simultaneously with a comprehensive plan future land use designation. This will also be heard on January 19, 2021 and the single family residential will be considered for this site.

Public Notice – The annexation was advertised in the newspaper and notices were sent to property owners within 500 feet and all legal criteria for announcing the annexation have been met. Most of the feedback received has been from residents of Brandywine Estates concerned about impacts to their subdivision. Previous Action – City Council conducted its public hearing on January 19, 2021 and voted to approve the first reading of the annexation ordinance.

RECOMMENDATION

Approve the second reading of Ordinance Number 2021-04.

ATTACHMENTS

1. Letter from Applicant 2. Ordinance Number 2021-04

5D - 4 ATTACHMENT 1

ENGINEERING,idMBV INC. MOIA BOWLES VILLAMIZAR & ASSOCIATES

October 20, 2020

Ms. Christy Fischer, Planning Director ViaHand Carry City of West Melbourne 2240 Minton Road West Melbourne, FL 32904

RE: Carriage Wood Subdivision Parcel ID: 28-36-13-00-750 Tax Account: 28026668 Legal Description: NE 1/ of SE ¼ Lying Southwesterly of 1-95 Exe West 132 ft, canal, Hwy & Rd R/W' s Project Location: Southwest Comer of Carriage Gate Drive and 1-95 MBV Project # 20-1037

Request to City of West Melbourne to consider annexation of property

Dear Ms. Fischer

We are requesting your initial review for annexation from Brevard County to the City of West Melbourne for the above project that is a 23.27 acre vacant property and is proposed to consist of approximately 55 Single Family Lots.

Submittals within this project will also consist of rezoning from GU to R-lA, and Future Land Use from RES 2 / NC to LD-RES, along with the necessary subdivision permitting applications and agreements, which will be submitted after the annexation is initially approved by your municipality.

All submittals to the City of West Melbourne will come through MBV Engineering in paper and electronic form.

Owner: Northern Trust Company Mr. James Lange 50 South La Salle Street, B-9, Chicago IL 60603

Developer: EKS fucorporated (under contract Mr. Cole Oliver to purchase) 516 Delannoy A venue, Cocoa FL 32922 321-631-2022 I [email protected]

1835 20th Street 1250 W Eau Gallie Blvd., Suite H 806 Delaware Avenue 90 I Martin Downs Blvd., Suite 203 Vero Beach, FL 32960 Melbourne, FL 32935 Ft. Pierce, FL 34950 Palm City, FL 34990 772.569.0035 321.253.1510 772.468.9055 772.426.9959 Fax: 772.778.3617 Fax: 321.253.091 I Fax: 772.778.3617 Fax: 772.778.3617

5D - 5 Ms. Christy Fischer, Planning Director Carriage Wood Subdivision -Annexation MBV # 20-1053

Engineering: MBV Engineering, Inc. 1250 W. Eau Gallie Blvd, Unit H, Melbourne FL 32935 321-25 3-1510 / [email protected] / [email protected]

Surveyor: Indian River Survey 1835 20th Street, Vero Beach FL, 32960 772-569-7880

Should you have any questions regarding the above subject, please feel free to contact our office at any time.

Sincerely,

Wanda Walker, Permitting Coordinator

5D - 6 Attachment 2

ORDINANCE NO. 2021-04

AN ORDINANCE OF THE CITY OF WEST MELBOURNE, BREVARD COUNTY, FLORIDA, ANNEXING BY VOLUNTARY PETITION PARCELS OF LAND TOTALING APPROXIMATELY 23.27 ACRES LOCATED SOUTHWEST OF INTERSTATE 95, WEST OF MINTON ROAD, AND SOUTH AND WEST OF CARRIAGE GATE DRIVE, AS MORE FULLY DESCRIBED HEREIN; FINDING THAT THE AREA BEING ANNEXED IS REASONABLY COMPACT AND CONTIGUOUS TO THE CITY, THAT THE ANNEXATION OF THE PROPERTY DOES NOT CREATE AN ENCLAVE, AND THAT THE ANNEXATION OF THE PROPERTY OTHERWISE COMPLIES WITH FLORIDA LAW; AMENDING THE CORPORATE BOUNDARIES OF THE CITY TO PROVIDE FOR THE INCORPORATION OF THE REAL PROPERTY DESCRIBED HEREIN; PROVIDING FOR FILING OF THE REVISED CITY BOUNDARIES WITH THE DEPARTMENT OF STATE; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the owners of the property described hereinafter have petitioned the City pursuant to F.S. 171.044 for voluntary annexation of said property into the City; and,

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Melbourne, Brevard County, Florida, that:

Section 2. Annexation of Real Property and Amendment of Corporate Boundaries. The following properties located southwest of Interstate 95 and west of Minton Road, West Melbourne, Florida 32904 and assigned Parcel Identification Number 28-36-13-00-750 by the Property Appraiser of Brevard County and totaling approximately 23.27 acres as described below, shall hereby be annexed to and incorporated within the City of West Melbourne, Brevard County, Florida, pursuant to the voluntary annexation provisions of Section 171.044, Florida Statutes:

5D - 7 ORD. NO. 2021-04 Page 2

LEGAL DESCRIPTION: (BY SURVEYOR) The Northeast ¼ of the Southeast 1/4, of Section 13, Township 23 South, Range 36 East, Lying Southwesterly of I-95; Less and except the West 132 Feet, Canal, Highway and Road Right-of-way.

Section 3. Utilities Notification. The City Clerk is hereby directed to notify all utility companies servicing this property of this annexation.

Section 4. County Notification. The City Clerk is hereby directed to provide a copy of the notice of annexation, via certified mail, to the Brevard County Board of County Commissioners at least 10 days prior to the time of publishing said notice as provided for in Florida Statutes, Section 171.044(6).

5D - 8 ORD. NO. 2021-04 Page 3

Section 9. Effective Date. This ordinance shall become effective immediately upon its adoption by the City Council on second reading.

PASSED AND ADOPTED by the City Council of the City of West Melbourne, Brevard County, Florida, this 2nd day of March 2021.

______HAL J. ROSE, MAYOR ATTEST:

______CYNTHIA HANSCOM, CITY CLERK

Reviewed as to form and legal sufficiency:

1ST READING: January 19, 2021 2nd READING: March 2, 2021 Morris Richardson, City Attorney

5D - 9 ORD. NO. 2021-04 Page 4

Exhibit “A”

Image showing City limits and parcel to be annexed.

5D - 10 AGENDA ITEM

March 2, 2021 City Council Meeting

Approved for Submittal By:

______Scott Morgan, City Manager

To Be Presented By:

____C__hr__is__ty__ F__is__c__he__r ____ Christy Fischer, Planning Director

To: Honorable Mayor and Members of the West Melbourne City Council

Through: Scott Morgan, City Manager

From: Christy Fischer, Planning Director

Date: March 2, 2021

SUBJECT

Amend the Future Land Use Map to City of West Melbourne Low Density Residential (LD-RES) on the 23.27 acre property if annexed (west of Minton Road, on Carriage Gate Drive).

RECOMMENDATION

Approve the second reading of Ordinance Number 2021-05 to change the future land use of the subject property from Brevard County Residential 2 (RES-2) and Neighborhood Commercial (NC) to City of West Melbourne Low Density Residential (LD-RES).

FISCAL IMPACT

The funds for this advertisement of approximately $1250 comes from the applicant.

5E - 1 DISCUSSION PROPERTY ADDRESS – located southwesterly APPLICANT/PROPERTY OWNER of Interstate 95, and west of Minton Road Bruce Moia, P.E. MBV Engineering, Inc. agent for EKS Incorporated on Carriage Gate Drive PUBLIC HEARING DATE – LOCATION RELATED TO SURROUNDINGS January 12, 2021 P&Z Carriage Gate Drive - West of Minton Road March 2, 2021 City Council-adopt BRIEF SUMMARY OF REQUEST

This case is about changing the future land use designation on a portion of a property from Residential Two (RES-2) in the County to Low Density Residential (LD-RES) to allow a single- family residential development on 23.27 acres. The property that is subject to this comprehensive plan map amendment is shown in red outline on the aerial map here. The future land use designation assignment is contingent on the property being annexed. MINTON RD

NORFOLK PKWY

STAFF RECOMMENDATION

APPROVE APPROVE WITH CONDITIONS DENY

COMPATIBILITY with the COMPREHENSIVE PROPERTY HISTORY PLAN The property is vacant undeveloped. The property owners have the The proposed map amendment is consistent property for sale and the applicants have it under contract to purchase. with the policies in the City’s Horizon 2030 The applicant is annexing into the City to obtain city utility services for Comprehensive Plan that support residential the future development of a single-family residential subdivision. Along uses such as the proposed single family with the annexation, they are requesting a Low Density Residential land residential subdivision. use designation with an R-1A zoning.

COMPATIBILITY with the LAND DEVELOPMENT REGULATIONS The proposed map amendment to designate the property with – “Low Density Residential” (LD-RES) is consistent with the Zoning District requested, R-1A (Single-Family Residential.

ATTACHMENTS (CIRCLE) SUBMITTED PLANS PUBLIC LEGAL NOTICE LEGAL DESCRIPTION Proposed Future Land Use HEARING Map Comprehensive plan PETITION/ APPLICATION FORM

5E - 2 Property Information Table Applicant EKS Incorporated 23.27 acres – Vacant undeveloped Owners/Acreage/Existing Use RES-2, Residential Two, 8.14+/- acres and NC, Neighborhood Existing FLU: Commercial (County’s designation), 14.75 +/- acres Proposed FLU: LD-RES, Low Density Residential Proposed Use: Single-Family subdivision *The County allows these types of uses in Neighborhood Commercial:

Background Information— This request was submitted to the State Department of Economic Opportunity (DEO) and other State agencies, a change to the Future Land Use designation for their review. The applicants are requesting to change a 23.27 acre property from the County Residential Two (RES-2) and County Neighborhood Commercial (NC) to Low Density Residential (LD-RES) in West Melbourne and as a separate action to rezone the property from AU (Agriculture Use) to R-1A (Single-Family Residential). The proposed map amendment is a large scale comprehensive plan map amendment because the property is more than ten (10) acres. In February, staff received emails and letters that there were no comments from State agencies in regards to negative impacts to State resources.

Future Land Use Designation to be changed on the property indicated below

RES-2 & NC to LD-RES

5E - 3 Surrounding Properties Future Land Use Direction Existing Use Jurisdiction (see attached maps) Interstate 95 and FDOT right-of-way and North Carriage Gate Subdivision Brevard County RES-2 (Residential 2) (Single-Family Residential) Vacant property City of West Melbourne South COM (Commercial) Minton Road and Carriage Brevard County right-of-way East Roadways Gate Drive West Single-Family Residential Brevard County RES-2 (Residential 2)

Environmental Site Data—

Flood Zone: This property is in Flood Zone X, as determined by the 100-year base flood elevation.

Natural Resources: The impact on surrounding natural resources will be assessed when the site is developed, however, there are many Australian Pines, an exotic invasive tree that will be replaced with other native types of trees.

Development Potential for Large Scale Amendment:

The State requires that when a local government analyzes concurrency for a future land use map amendment, the analysis be based on the most intense use allowed in the proposed future land use category. This maximum is not usually reflective of what can or cannot be built on the site after all other features are accommodated such as lot size, roads, utilities, and stormwater but helps local governments in determining a worst case scenario for future planning of infrastructure.

Maximum Intensity/Density per Maximum Development Potential Future Land Use Designation FLU for 23.27 acres RES – 2 in the County 8.14+/- acres at 2 dwelling units (Residential Two) per acre = 16 Dwelling units on 8.14 acres NC in the County 14.75+/- acres at 0.75 per acre = (Neighborhood Commercial) 481,882 s.f of Commercial. 23.27 +/- acres at 5 dwelling LD-RES (Low Density units per acre= 115 Dwelling units on 23.27 acres Residential)

The Low Density Residential future land use designation only allows single-family residential development. This eliminates the possibility of 481,882 square feet of commercial development which could be retail, office, personal services, or convenience stores if developed in the county.

The above table shows the maximum amount of commercial that possibly could be built in the County is 481,882 square feet and 16 dwelling units would be allowed on the remainder of the property. However, the City of West Melbourne Low Density Residential only allows single-family residential dwellings so in

5E - 4 the City the maximum that could be developed under the LD-RES designation at 5 units per acre, or 115 dwelling units on the entirety of the 23+ acres with no commercial development.

If the site were developed in the county at the commercial maximum buildout allowed in the NC (Neighborhood Commercial) future land use designation, meaning with 481,882 square footage of commercial development, this could generate 17,516 average daily trips (Institute of Traffic Engineers Trip Generation Manual) plus approximately 194 average daily trips if the property were developed with the County’s single-family designation, for a total of 17,710 average daily trips. However, the likelihood of the site being developed in the County with the maximum allowable intensity/density is not realistic since roads, sidewalks and storm water area must be provided on site. In contrast, if the property were completely developed under the City’s Low Density Residential, there could be 1,184 average daily trips, far fewer than the potential volume that could come from the site if it remained in the County.

The City’s Comprehensive Plan’s Future Land Use Element contains a policy which states that future land use map amendments such as this, shall be evaluated upon location, adjacent land use, proposed development, buffering of non-like uses, and infrastructure capacity of water, sewer, and solid waste. The potential impact to infrastructure capacity and adjacent land uses were already mentioned, however, it is important to note from a land use compatibility perspective, with the existing county land use designation there could be a substantial amount of Commercial. The Low Density Residential designation in the City means development would be limited to single-family residential with no commercial development. There would be negligible impact to the Carriage Gate subdivision and other single-family residences located adjacent to the property with property with similar uses, namely single-family.

Adequate Public Services/Facilities:

The following narrative summarizes the maximum infrastructure and service impacts related to capacity of public facilities and preliminary concurrency evaluation of facility capacity. This type of analysis is required by Florida Statutes for comprehensive plan amendments, but does not reserve actual water or sewer capacity, only that there is still sufficient capacity to serve the property at maximum build out.

Water and sewer concurrency - City staff consulted with the Public Works regarding if 23.27 acres were developed as Low Density Residential. The comparison of development in County’s NC and RES-2 land use designations (current FLU) versus the “Low Density Residential” (proposed FLU) reveals that overall demand for water, sewer and solid waste are lower.

Other Public Services—

Transportation: Primary Access: Carriage Gate Drive and Minton Road

The applicant will submit a traffic study when the preliminary plat request is submitted. Staff has estimated traffic generation rates of 1100 Average Daily Trips (ADT) for 115 units of single-family housing at a maximum or 17,710 ADT if the property remained in the County and were developed as a shopping center. The traffic study trip generation assumes a maximum capacity build out as allowed by the County versus City future land use designations, however, the developer only proposes 55 homes in his development which will only generate an additional 572 average daily trips, less than what is generated from Carriage Gate.

This property currently has frontage on Carriage Gate Drive, and County staff and the Carriage Gate homeowners association have been discussing traffic remedies to assist its residents during

5E - 5 peak hours. The County has said that currently with 158 dwelling units or even with 55 additional dwelling units, the roadway does not warrant a new traffic signal. However, the County has discussed alterations in Minton Road’s medians for turn lanes and some re-striping. The Space Coast Transportation Planning Organization has conducted the Minton Road study of corridor improvements and the Carriage Gate intersection was included with a turn lane for median improvements.

Stormwater: Any development of a site requires that stormwater runoff from roads, sidewalks, roofs, etc. be kept on the developed site and not impact surrounding uses.

Fire & Police: Brevard County Fire and Rescue provides fire protection and emergency services. City of West Melbourne Police will serve the property.

School: Since the proposed development will have single-family residential uses, school concurrency must be evaluated by Brevard Public Schools with this future land use map amendment. The applicant has filled out the school concurrency application and this is being evaluated. Fifty-five homes could generate 21 additional students to be accommodated in the West Melbourne elementary and middle school and Melbourne high.

Staff Analysis—

There are two types of amendments to a comprehensive plan: small scale and large scale. The proposed amendment is considered large scale because the size of the property on the future land use map is more than ten (10) acres. The Planning and Zoning Board, as the City’s Local Planning Agency (163.3174 F.S.), held a public hearing and deliberation hearing on the request and provided a recommendation to the City Council. Council will ultimately determine whether to approve or deny the request.

City Code Citation: Land Development Regulations Section 66-520. Amendment process

State Requirements:

The following criteria have been reviewed to determine the appropriateness of the land use amendment request:

Consistency with the 2010 Comprehensive Plan: According to the land development regulations (LDR) Section 66-518, comprehensive plan amendments must be in compliance with the City’s comprehensive plan and state requirements. The consistency review of the request with the comprehensive plan predominantly assesses whether the request is consistent with the intended designation, discourages urban sprawl, creates neutral or minimal concurrency impacts

5E - 6 and has minimal impacts to natural systems. The Future Land Use Element and other policies in other chapters of the comprehensive plan related to:

The following is City staff’s analysis of urban sprawl, minimal concurrency impacts and impacts to natural systems:

Future Land Use (FLU) Designation Evaluation

FLU Policy 2.2: “Residential land uses are intended for the development and support of existing and future neighborhood areas and low density residential areas. The city’s neighborhoods are designed to provide the community safe, vibrant places to live and share life with family, friends, and neighbors. A variety of transportation alternatives (walking, biking, auto, and transit) should interconnect adjacent neighborhoods and activity centers. In order to foster neighborhood connection to other neighborhoods, civic spaces are encouraged to be located along the transitional areas that link the city’s residential areas together.”

FLU Policy 2.2.a: “The Low Density Residential land use designation consists of single family residential uses. Commercial uses are not allowed in low-density residential land areas. The maximum density allowed in the LD-RES land use designation is 5 du/acre.”

Staff Comments – The proposed assignment of LD-RES future land use designation to this property is consistent with the future land use policies for low density areas. The Low Density Residential land use is intended to be on property near other single-family low density residential areas such as Carriage Gate.

c. All land uses – Each amendment shall be evaluated upon the proposed location, adjacent land use, proposed development (amount of units or square footage of non- residential), facility capacity and buffering of uses between non-like designations, except for mixed use designations.” Staff Comments – The future land use map change for this property to Low Density Residential is compatible with the already established single-family residential area to the north and west (a few existing homes).

Urban Sprawl

Comprehensive Plan amendments are reviewed to ensure compliance with the requirements of Florida Statutes, regarding urban sprawl.

Staff Comments—The proposed assignment of the LD-RES (Low Density Residential) future land use designation to a property that is. It is a logical extension of the city to extend into adjacent more rural areas such as this.

Public Service Standards and Infrastructure Systems Policy

5E - 7 FLU Policy 1.5 states, “Provide the community with a good quality of life by ensuring that there is adequate public services and infrastructure capacity for current and future developments. The City will meet the community’s public service demands by addressing the following:

a. City’s capacity to deliver basic public services and maintain its public facilities and infrastructure systems.”

Staff Comments – The City has capacity to deliver basic water and sewer services and to continue serving its existing customer base.

Public Facilities Policy 1.4, Development Expansion, states, “Require development to connect to city public utility services as part of the site and development review process…”

Staff Comments – The City is requiring potable water and sewer services be provided to the site, so this annexation is truly for common urban services, namely utilities.

Consistency with the Land Development Regulations (LDR):

Staff also reviews the request to determine whether or not it is consistent with the LDRs.

Conclusion –

Staff has analyzed the proposal by the applicant, and applying the Low Density Residential future land use designation for this property. This property is compatible with their surrounding neighbors in unincorporated County and as stated previously a single-family residential subdivision is more compatible than the possible commercial development that could occur under the county’s land use designation.

Public Notice: The large scale comprehensive plan amendment was advertised with a map in the local section of the Florida Today in December and courtesy notices were mailed to the surrounding property owners within 500 feet of the property. On December 29th, the developer held a meeting with Carriage Gate Drive homeowners to describe the proposed small subdivision. Most of the discussion was about traffic and it is possible that this new development will pay towards improvements at Carriage Gate and Minton with traffic impact fees.

Previous Action: The Planning and Zoning Board conducted its public hearing on January 12, 2021 and voted 4-0 to recommend to Council to transmit the large scale comprehensive plan map amendment on the condition that the annexation occurs.

City Council conducted its public hearing on January 19, 2021 and voted 5-2 to approve the first reading of the ordinance and to transmit the large scale comprehensive plan map amendment. The case was sent to the State agencies shortly after this for their review. The State of Florida review agencies found no impacts to State facilities, therefore the City can proceed with approving the future land use map amendment.

5E - 8 RECOMMENDATION

Approve the second reading of Ordinance Number 2021-05 and transmit the future land use map amendment on the 23.27 acres of property located west of Minton Road on Carriage Gate Drive from Brevard County Residential Two and Neighborhood Commercial to City of West Melbourne Low Density Residential with the change being conditioned on the property being annexed.

ATTACHMENTS

1. Future Land Use Maps 2. Ordinance Number 2021-05

5E - 9 Attachment 1 Current Land Use Brevard County Residential 2 and Neighborhood Commercial

RES-2

Proposed Future Land Use City of West Melbourne Low Density Residential

LD-RES

5E - 10 Attachment 2

ORDINANCE NO. 2021-05

AN ORDINANCE OF THE CITY OF WEST MELBOURNE, BREVARD COUNTY, FLORIDA AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN TO PROVIDE FOR LD-RES (LOW DENSITY RESIDENTIAL) LAND USE ON 23.37 ACRES OF NEWLY ANNEXED LAND GENERALLY LOCATED SOUTHWEST OF INTERSTATE 95, WEST OF MINTON ROAD, AND SOUTH AND WEST OF CARRIAGE GATE DRIVE, AND AS MORE FULLY DESCRIBED HEREIN; ESTABLISHING AN APPROPRIATE LAND USE FOR THE PROPERTY; PROVIDING FOR INCORPORATION INTO THE COMPREHENSIVE PLAN; EXTENDING THE GOALS, OBJECTIVES, AND POLICIES AND OTHER LAND USE PLANNING REQUIREMENTS TO THE PROPERTY; AND, PROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED by the City Council of the City of West Melbourne, Brevard County, Florida, that:

Section 1. Large Scale Comprehensive Plan Amendment Number 2 in 2021 (LSA-2021-02) is hereby adopted.

Section 2. The Future Land Use Map of the Comprehensive Plan of the City is hereby amended to provide for LD-RES (Low Density Residential) land use on the property more particularly described as follows:

Parcel Identification Number 28-36-13-00-750 by the Property Appraiser of Brevard County

Section 3. The Comprehensive Plan of the City is hereby amended to establish a proper and appropriate future land use for the property described in Section 2 of this ordinance.

5E - 11 ORD NO. 2021-05 Page 2

PASSED AND ADOPTED by the City Council of the City of West Melbourne, Brevard County, Florida, this 2nd day of March 2021.

______Hal J. Rose, Mayor

ATTEST:

______Reviewed as to form and content: Cynthia S. Hanscom, City Clerk

______Morris Richardson, City Attorney

1ST READING: January 19, 2021 2ND READING: March 2, 2021

Effective date: April 3, 2021

5E - 12 AGENDA ITEM

March 2, 2021 City Council Meeting

Approved for Submittal By:

______Scott Morgan, City Manager To Be Presented By:

____Ch___risty______Fischer Christy Fischer, Planning Director

To: Honorable Mayor and Members of the West Melbourne City Council

Through: Scott Morgan, City Manager

From: Christy Fischer, Planning Director

Date: March 2, 2021

SUBJECT

Proposed Rezoning of 23.27 acres of property located west of Minton Road on Carriage Gate Drive from Brevard County GU (General Use) to City of West Melbourne R-1A (Single-Family Residential).

RECOMMENDATION

Approve the second reading of Ordinance Number 2021-06 rezoning the properties from Brevard County GU to City of West Melbourne R-1A (Single-Family Residential) with the condition that the annexation and comprehensive plan map amendment (large scale) are approved.

FISCAL IMPACT

The applicant pays for a portion of the advertisement.

5F - 1 DISCUSSION PROPERTY ADDRESS –– located west of APPLICANT/PROPERTY OWNER Interstate 95, and west of Minton Road o Bruce Moia, P.E. MBV Engineering, Inc. agent for EKS Incorporated Carriage Gate Drive PUBLIC HEARING DATES – LOCATION RELATED TO SURROUNDINGS January 12, 2021 P&Z Carriage Gate Drive - West of Minton Road March 2, 2021 City Council-transmittal BRIEF SUMMARY OF REQUEST This case is about changing the zoning district on the subject property from Brevard County General Use (GU) to City of West Melbourne Single-Family Residential (R-1A) to allow a single family residential subdivision development on 23.27 acres. The property that is subject to this rezoning is shown in red outline on the aerial map here. The rezoning and future land use designation assignment are site contingent on the property being annexed. MINTON RD

NORFOLK PKWY

APPROVE APPROVE WITH CONDITIONS DENY

COMPATIBILITY with the LAND DEVELOPMENT REGULATIONS The proposed use of a single-family residential subdivision is consistent with the R-1A Zoning District. The lot sizes and dimensions must conform to the criteria in the R-1A zoning district.

ATTACHMENTS SUBMITTED PLANS PUBLIC H EARING LEGAL NOTICE LEGAL DESCRIPTION (CIRCLE) PETITION/

Proposed zoning APPLICATION map FORM

Background Information:

This is a request by an owner/applicant for the City to rezone a property from GU (County zoning of General Use) to R-1A (Single-Family Residential). The following information has been compiled to assist the Board in making a determination concerning this request.

5F - 2 The applicant desires to construct a single-family residential development on 23.27 acres of land. The applicant submitted a concept plan for the proposed single-family residential subdivision development (see Attachment 2). However, this concept plan is not a formal submittal for a subdivision nor a guarantee of the layout. The plan was used to discuss this proposal with the Carriage Gate homeowners during the December 29th meeting.

Applicant EKS Incorporated 23.27 acres – Vacant/undeveloped land Owners/Acreage/Existing Use Existing Zoning: Brevard County GU (General Use County zoning) Proposed Zoning: City of West Melbourne R-1A (Single-Family Residential) Proposed Use: Future single-family residential subdivision

The following information has been compiled to assist the Board in making a determination concerning the rezoning request.

Surrounding Properties:

Zoning District Direction Existing Use Jurisdiction (see attached maps) Carriage Gate Subdivision (163-lot FDOT right-of-way North SR (Suburban Residential) Single-Family Residential) and Brevard County Vacant property & 7th Day Adventist City of West South P-1 (Institutional) school Melbourne Single family on the east side of City of West C-1 (Low Density East Minton Road Melbourne (Commercial) Single family, vacant property and AU (Residential Agricultural) West Brevard Tower Communications Inc. Brevard County and GU (General Use) property

Environmental Site Data:

Flood Zone: The property is in Flood Zone “X” as determined by the 100-year base flood elevation maps.

Natural Resources: The impact on natural resources will be assessed when developed through the subdivision process. If there are wetlands on site, these will be either saved or mitigated as determined by the St. Johns River Water Management District.

Adequate Public Services/Facilities:

The impact from a residential development on water and sewer was analyzed as part of the large-scale future land use designation evaluation. There are no negative impacts to the City’s water or sewer facilities. School capacity is being analyzed by the Brevard Public Schools and their staff will provide their determination about available capacity in the three tiers of schooling, elementary, middle and high.

5F - 3 Staff Analysis: The applicant is requesting to rezone the property as follows: Acreage/location Current Zoning Proposed Zoning 23.27 acres west of GU (General Use) in unincorporated R-1A, Single-Family Residential Minton Road on Carriage Brevard County Gate

Development Potential and Zoning Suitability:

The R-1A zoning designation is allowed under the City’s LD-RES, Low Density Residential land use designation for which the applicant is also requesting a large-scale comprehensive plan map amendment. The R-1A zoning is compatible with the land uses to the west since they are mostly single-family residential uses. R-1A is one of the larger zoning districts. The only other use besides the single-family residential to the west is the Brevard Tower Communications, Inc.’s cell tower located approximately 200+ feet away from the western property line of the subject property proposed to be a single-family residential subdivision. During the subdivision process, staff will require documentation (possibly an easement) to ensure future property owners are aware of the cell tower location and that the fall zone of the cell tower remains on the adjacent property.

Based on the existing land use in the area, single-family residential use to the north (Carriage Gate) and west, with some vacant land commercial land to the south, the property is suitable for the R-1A zoning district. Once the rezoning is approved by City Council, any subsequent specific subdivision plans have to undergo public hearings and the public would have an opportunity to discuss specific development layout and road remedies. The property owner has immediate plans for creating a subdivision and selling the lots to various home builders and the subdivision process also affords citizens the ability to provide feedback.

City Codes (Zoning):

A statement from the City’s R-1A zoning district describes the intent of this single-family residential district, “Sec. 98-191. – Intent “The R-1A single-family residential district is intended to apply to an area of low density, single-family residential development. Lot sizes and other restrictions are intended to promote high quality residential development.”

This property is in an area with a concentration of single-family residential properties and the request for R-1A zoning district is consistent with this intent statement of the R-1A zoning district.

Consistency with the 2010 Comprehensive Plan: The Large Scale Map Amendment staff report addresses the factors used to determine consistency of the future land use designation with the goals, objectives and policies in the Comprehensive Plan. These policies have been adequately met and the Florida Statute requirements for comprehensive plan

5F - 4 amendments have been satisfied. It is reasonable to have a single-family residential development in a specific area that contains other single-family residential uses next to each other.

Consistency with the Land Development Regulations (LDR):

Staff also reviews the request to determine if it is consistent with other LDRs.

Sec. 66-287 - Applications. Staff Comments - The submitted applications comply with the code requirements for their content and completeness.

Staff Comments - The R-1A zoning designation is allowed under the City’s LD-RES future land use designation as long as the comprehensive plan map amendment is approved. This R-1A zoning accommodates a low density residential development. Although the lots are not ½ acre or larger, they are slightly larger than recent residential subdivisions which have had lots that are only 55 feet by 120 feet.

Sec. 98-196 – Lot and structure requirements. (R-1A, Single-Family Residential District)

“The lot and structure requirements in the R-1A single-family residential district are as follows: (1)Minimum lot area: 7,500 square feet. (2)Minimum lot width: 75 feet. (3)Minimum lot depth: 100 feet. (4)Maximum building coverage: 40 percent. (5)Minimum living area: 900 square feet. (6)Maximum height: 35 feet. (7)Minimum yard requirements: a. Front: 25 feet. b. Side, interior: 7½ feet. c. Side, corner: 25 feet. d. Rear: 25 feet; 20 feet when abutting an alley.”

Sec. 98-197 – Density. (R-1A, Single-Family Residential District)

“For any permitted use within the R-1A single-family residential district, the density shall not exceed five dwelling units per acre.”

Staff Comments - The property to be rezoned meets the location requirements in the R-1A district and individual lots must meet the lot and structure requirements of the R-1A zoning district. As mentioned previously, the property rezoning is consistent with the land use designation of LD-RES and cannot exceed five dwelling units per acre, and the developer is proposing a density of only 2.36 units/acre. The property will undergo the subdivision review process which requires public hearings and citizens will be able to provide feedback on the layout. The table below describes R-1A uses as compared to the uses allowed in the existing county GU zoning.

5F - 5 Comparison of Brevard County GU and City of West Melbourne R-1A Zoning:

City of West Melbourne Comparison Feature Brevard County GU R-1A

Single-family detached residential dwelling, parks and Principle Uses public recreation facilities, private golf courses, foster Single-Family Dwellings homes. Maximum Intensity Not applicable 40% building coverage Minimum Lot Area 5 acres 7,500 SF Minimum Lot Width 300 feet 75 feet Minimum Lot Depth 300 feet 100 feet Maximum Height 35 feet 35 feet Minimum Setbacks*: Front 25 feet 25 feet Side, Interior 15 feet 7 ½ feet Side, Corner 25 feet 25 feet Rear 20 feet 25 feet

Staff Comments – Regarding the use table, as described under the row above labeled, “Principal Uses”, the GU and R-1A both permit single-family residential dwellings. The difference between the possible R-1A and GU uses is that the site could currently be developed with other uses agricultural and commercial businesses allowed in the county under the GU zoning. The 23.27-acre site exceeds the minimum lot depth, and lot width of the R-1A district and is therefore compliant with the code dimensions, and any future subdivision of the property will also have to comply with the minimum R-1A criteria.

Conclusion

The rezoning of this property is compatible with the surrounding single-family uses. The proposal for a single-family neighborhood in the R-1A zoning district is consistent with the development on two sides of this property. The concept plan is not tied to this rezoning and was only shown to the neighboring citizens as an image of the possible layout of the property with a subdivision.

Public Notice – The rezoning request was advertised in December, 2020 in Florida Today and notices were mailed to property owners within 500 feet to advise them of these public hearings on the rezoning and future land use map amendment. In addition, the developer as a requirement for the annexation, conducted a meeting with the surrounding property owners on December 29, 2020. The concern from neighbors was about traffic and the Minton Road intersection in the process of being addressed by Brevard County.

Previous Action – The Planning and Zoning Board conducted its public hearing on January 12, 2021 and recommended 4-0 that City Council approve the rezoning contingent on the annexation and future land use map amendment.

City Council conducted its first public hearing on January 19, 2021 and voted 5-2 to approve the rezoning ordinance.

5F - 6 RECOMMENDATION

Approve the second reading of Ordinance Number 2021-06, rezoning the property from GU (General Use) to R-1A (Single-Family Residential) with the condition that the annexation and large-scale comprehensive plan map amendment are approved.

ATTACHMENTS

1. Zoning Maps 2. Concept Plan 3. Ordinance Number 2021-06

5F - 7 Attachment 1 Current Zoning Brevard County GU- General Use

C-P

Proposed Zoning City of West Melbourne R-1A – Single-Family Residential

R-1A

5F - 8 Attachment 2 Applicant’s Concept Plan (Not binding – just illustrative)

5F - 9 Attachment 3

ORDINANCE NO. 2021-06

AN ORDINANCE OF THE CITY OF WEST MELBOURNE, BREVARD COUNTY, FLORIDA, REZONING A NEWLY ANNEXED 23.27 ACRE PARCEL OF LAND GENERALLY LOCATED SOUTHWEST OF INTERSTATE 95, WEST OF MINTON ROAD AND SOUTH AND WEST OF CARRIAGE GATE DRIVE, AND AS MORE FULLY DESCRIBED HEREIN, FROM BREVARD COUNTY GU (GENERAL USE) TO CITY OF WEST MELBOURNE R-1A (SINGLE-FAMILY RESIDENTIAL); PROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED by the City Council of the City of West Melbourne, Brevard County, Florida, that:

Section 2. The property described more particularly as follows is hereby rezoned from Brevard County GU (General Use) to City of West Melbourne R-1A (Single-Family Residential District):

23.27 acres – Parcel Identification Numbers 28-36-13-00-750 LEGAL DESCRIPTION: (BY SURVEYOR) The Northeast ¼ of the Southeast 1/4, of Section 13, Township 23 South, Range 36 East, Lying Southwesterly of I-95; Less and except the West 132 Feet, Canal, Highway and Road Right-of-way.

Section 3. That this Ordinance shall become effective simultaneously with the effectiveness of Ordinance No. 2021-05, amending the land use of the subject property.

PASSED AND ADOPTED by the City Council of the City of West Melbourne, Brevard County, Florida, this 2nd day of March, 2021.

ATTEST:

______Hal J. Rose, Mayor ______CYNTHIA HANSCOM, CITY CLERK

Reviewed as to form and content:

______Morris Richardson, City Attorney 1ST READING: January 19, 2021 2nd READING: March 2, 2021

5F - 10 AGENDA ITEM

March 2, 2021, City Council

Approved for Submittal By:

______Scott Morgan, City Manager

Prepared and Presented By:

__Christy______Fischer Christy Fischer, Planning Director

To: Mayor and Honorable Members of the West Melbourne City Council

Through: Scott Morgan, City Manager

From: Christy Fischer, AICP, Planning Director

Date: March 2, 2021

SUBJECT

Code Amendment proposed by developer to allow gas stations in the Gateway Interchange zoning district.

RECOMMENDATION

Approve the second reading of Ordinance No. 2021-08, changing the Gateway Interchange zoning district per City Council’s February 16th revisions to allow gas stations with placement and performance criteria.

FISCAL IMPACT

The fiscal impact of the advertisement for the code change is paid for by the applicant.

5G - 1 DISCUSSION PROPERTY ADDRESS – N/A, code change applies to properties that are zoned Gateway Interchange and over 50 acres in size

BRIEF SUMMARY OF REQUEST In 2020, the developers of the Space Coast Town Center were told that in order to have a gas station, the Gateway Interchange zoning district had to be amended since gas stations were a prohibited use. If approved, the code amendment would be applicable immediately in the Gateway Interchange zoning district.

COMPATIBILITY with the COMPREHENSIVE PLAN HISTORY The Gateway Interchange zoning district was In 2016, when the Gateway Interchange zoning district was proposed, created to be consistent with the Parkway the land owner who drafted the ordinance did not identify gas stations Interchange future land use designation (which is as a possible use. Staff did not include gas station uses since there are the general policy that describes this mixed use sufficient gas stations on the east side of the interchange, a half mile designation), so there is no change to the away. Now in 2021, the developer would like to accommodate a gas consistency with the future land use designation. station along its frontage along US 192. City staff is proposing gas stations only be allowed as conditional use permits as occurs in other commercial zoning districts in the City. COMPATIBILITY with the LAND DEVELOPMENT REGULATIONS

This staff report analyzes the proposed code amendment which has been modified since its initial submittal to staff.

ATTACHMENTS (CIRCLE) SUBMITTED PLANS PUBLIC H EARING PETITION/ Proposed Code Language N/A COUNCIL REQUESTED

Background — This is a proposal by the Space Coast Town Center developers to allow gas stations in the Gateway Interchange zoning district (See Attachment 1 – zoning map). Staff reviewed the practices by other local governments, and suggestions in the Planning profession, as well as ensuring that the same types of layout and appearance codes found in other commercial zoning districts were included in the Gateway Interchange zoning district. The City has historically allowed gas stations to be located along arterial roads and major intersections and this would continue this type of development pattern. The following information has been compiled to assist the boards concerning this request to add gas stations as a conditional use in the Gateway Interchange zoning district.

Staff Analysis— The Gateway Interchange zoning district is a new zoning category created in 2016 with an intent to have a mix of uses to create a development that efficiently disperses traffic inside its own community and operates almost self-sufficiently. Mixed use developments that are partially self-sufficient are well suited on the west side of I-95 since there are no services along US 192 in the city limits. Up until the proposal for the Space Coast Town Center, there were few city utilities in close proximity to properties along US 192 and the St. Johns Heritage Parkway. As stated in other staff reports, the character of US 192 and the St. Johns Heritage Parkway will change the existing land pattern from vacant or sparsely developed parcels to urban and suburban styles that have residential and non-residential uses.

The property owner on the south side of the St. Johns Heritage Parkway and US 192 in 2016 wanted a flexible zoning district that allowed residential and industrial uses even though it was modeled after the Commercial Parkway zoning district which only allows commercial types of uses. The original draft of the Gateway Interchange zoning district by the property owner listed service stations as a conditional use

5G - 2 permit. However, upon further discussions with staff in 2016, there was no proposed gas station development for their property and staff and the property owner agreed there was not a need for gas stations at that time since within a half mile of the project on the east side of US 192 there are three (3) existing gas stations, and a fourth one not far from that. Now that the Space Coast Town Center project is moving forward with the development of the apartments, the developer has been approached by a gas station company who would like to be part of the mixed use development. Florida Statutes requires that if a use is going to be amended, removed or added in a zoning district, this action must be approved by the local governing agency and not just changed by administrative staff.

Applicant’s rationale – Attachment 2 is the applicant’s attorney’s letter describing the proposed amendment, why they believe it is required and which comprehensive plan policies support inclusion of a gas station in the Gateway Interchange zoning district. The attorney states that residents and businesses in the Space Coast Town Center and other Gateway Interchange zoned need service stations to fuel their individual vehicles. The applicant’s attorney uses the phrase “service stations” but staff has determined that since the request is really for gas stations and not auto repair centers, that the code amendment should specifically only list gas stations as a new use allowed as a conditional use, except for those communities such as the Space Coast Town Center that have been master planned. The applicant’s original proposal was for gas stations to be limited in quantity, by having only one per 150 acres. Staff changed this since we have another Gateway Interchange district at the Ellis Road interchange that is less than 150 acres and we believe this property owner would eventually request a change to the acreage to allow a gas station on their property.

Change to Chapter 98. Section 98- Gateway Interchange– (addition of gas stations as a conditional use)

Specifically, Section 98-843, Conditional Uses is the subsection that contains the list of uses requiring a conditional use permit and any additional criteria. It is in this section of the code that the criteria for the gas station and accessory uses, site layout, overall design including canopy, architecture and allowed uses was added (See Attachment 3). As mentioned previously in the staff report, to prevent intersections from being overloaded with gas stations that could impact the environment and to retain the character of mixed use districts, staff is recommending there be no more than two (2) gas stations at any single intersection regardless of jurisdiction. For example, at the intersection of St. Johns Heritage Parkway and US 192, out of the four corners (see aerial below), three corners are in our city limits and one is in the County - and two corners in our city limits could contain gas stations and the corner in the County could too. However, if the corner in the County has an existing gas station, and a gas station in the Space Coast Town Center is built at one of their corners, then there could be no other gas station at the third corner.

During the Planning and Zoning Board discussion of this agenda item, the City Attorney clarified that as to when the maximum quantity of gas stations at an intersection are reached, that if two proposed gas stations in the city limits have received conditional use permit, the corners are filled up with gas stations and no other ones could be processed at that particular intersection. Meaning, there does not have to be a built presence at that intersection, only an active development permit (a conditional use permit is a type of development permit).

5G - 3 This corner is This corner is In the city limits In the County

This corner is This corner is In the city limits In the city limits (Space Coast Town Center)

Lastly, the City Attorney reviewed the code change to allow gas stations in the Gateway Interchange and he made a few changes that ensured that the performance criteria was not contradictory to the Florida Statute protection of gas station banding, canopy striping, logos, etc. The last paragraph under this new Subsection 98-843(1)(d) is the statement that recognizes that while design criteria is applicable, the City will not infringe on the branding, logos and canopy design of the gas stations.

Conclusion:

The applicant for this code change to the Gateway Interchange zoning district is the Space Coast Town Center. City staff reviewed the applicant’s original submittal and made revisions based on the community feedback we have received and the idea that gas station criteria should be consistent from one zoning district to another. Staff researched whether surrounding jurisdictions allow gas stations in mixed use districts and the majority do but with conditional use permit discretion. Even in Orlando, gas stations are allowed but must comply with performance standards and be compatible with surrounding uses. Gas stations are one of those uses that are scrutinized by local governments because of their potential environmental, traffic and appearance impacts. For some of these reasons, city staff chose to limit gas stations in mixed use developments to no more than 1 (one) per every fifty (50) acres and to a total of 2 (two) per intersection (any type of intersection). The code changes to allow gas stations in the Gateway Interchange zoning district only needed to be made in one section of that zoning district, Section 98-843(1) (d) and the City Attorney reviewed the proposed code to ensure that is complied with protection that the Florida Statutes gives to gas stations for their gas station branding, logos, and canopy coloring among other protections.

Previous Action: The Planning and Zoning Board met on February 10, 2021 and unanimously made the recommendation that the change to the Gateway Interchange zoning district occur with some changes and a request to Council. These are the items that were changed in the attached Ordinance Number 2021-08: • The requirement that windows not be one expanse of unbroken glass or other material be deleted since the Space Coast Town Center may want to encourage different architecture than typically used for convenience storefronts • The permissive word of “encouraged” was changed to “required” in the section that canopy supports match the main building by at least 25% • The phrase that followed that requirement about metal structures was deleted

5G - 4 City Council held its public hearing on the zoning district change on March 2, 2021 and voted to approve the first reading with one significant change: • Only allow one gas station per 150 acres or some other criteria to limit the quantity of gas stations per Gateway Interchange project.

The City Attorney has prepared the revision per City Council’s request in Exhibit A of Ordinance Number 2021-08

Public Notice:

The public hearing for the code change was advertised in December 2020 and January 2021 as required by Florida Statutes in the legal section of Florida Today.

RECOMMENDATION

Approve the first reading of Ordinance Number 2021-08, adopting code changes to include gas stations as a conditional use with criteria in the Gateway Interchange zoning district. ATTACHMENTS

1. Map showing current Gateway Interchange zoned properties 2. Ordinance Number 2021-08

5G - 5 Attachment 1

Attachment 1 – Map showing current Gateway Interchange zoned properties

Ellis Road 95 - I

US 192

GTWY-1 GTWY-1

GTWY-1

5G - 6 ORDINANCE NO. 2021-08

AN ORDINANCE OF THE CITY OF WEST MELBOURNE, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 98, ZONING, ARTICLE III. DISTRICTS, OF THE CODE OF ORDINANCES TO AMEND DIVISION 22, GATEWAY INTERCHANGE DISTRICT (GTWY-I), SECTION 98-843 CONDITIONAL USES, TO ALLOW GAS STATIONS AS A CONDITIONAL USE IN THE GTWY-I (GATEWAY INTERCHANGE) DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City Council of West Melbourne, Florida has a zoning district for the areas west of I-95 and on either side of the St. Johns Heritage Parkway known as Gateway Interchange to encourage a mixture of land uses; and

WHEREAS, the Gateway Interchange zoning district prohibits gas stations; and

WHEREAS, the developer of the Space Coast Town Center master plan has interest from a gas station to be placed along US 192 in the Gateway Interchange zoning district; and

WHEREAS, the Space Coast Town Center developer had submitted a code change to allow gas stations in the Gateway Interchange zoning district; and

WHEREAS, staff reviewed the proposed code change to allow gas stations in the Gateway Interchange zoning district to ensure compliance with our existing codes that allow gas stations and to ensure Statutory compliance; now therefore,

BE IT ORDAINED by the City Council of the City of West Melbourne, Brevard County, Florida, that:

Section 1. Findings. The foregoing “Whereas” clauses are hereby ratified and incorporated as findings of the City Council and the legislative intent of this ordinance.

Section 2. Revised Gateway Interchange District (GTWY-I). Chapter 98, Zoning, Article III, Districts, Division 22, Gateway Interchange District (GTWY-I), Section 98-843, Conditional Uses of the Code of Ordinances shall be amended to add “Gas Stations” as a conditional use in the GTWY-I, and read as set forth in Exhibit “A” attached hereto and incorporated by reference herein.

Section 3. Severability. The provisions of this ordinance are declared to be severable and if any section, sentence, clause or phrase of this ordinance shall for any reason be held by a court of competent jurisdiction to be invalid or unenforceable, such decision shall not affect the validity of the remaining terms, provisions, clauses, sentences, or sections of this ordinance but they shall remain in effect, it being the legislative intent that this ordinance shall stand notwithstanding the invalidity of any part.

5G - 7 Section 4. Conflict with Other Ordinances. The provisions of this ordinance shall supersede any provision of existing ordinances in conflict herewith to the extent of said conflict.

Section 5. Inclusion in Code. It is the intention of the City Council of the City of West Melbourne that the provisions of this ordinance and Exhibit “A” hereto shall be made a part of the City of West Melbourne Code of Ordinances and the sections be renumbered to accomplish such intention.

Section 6. Effective Date. This ordinance shall take effect immediately upon its adoption.

PASSED AND ADOPTED by the City Council of the City of West Melbourne, Brevard County, Florida, this 2nd day of March, 2021.

______MAYOR

ATTEST:

______Reviewed as to form and content: CYNTHIA HANSCOM, CITY CLERK

______Morris Richardson, City Attorney

1st READING: February 16, 2021 2nd READING: March 2, 2021

5G - 8 Exhibit A

DIVISION 22. GATEWAY INTERCHANGE DISTRICT

o.Section 98-843. Conditional uses. The conditional uses in the Gateway Interchange district are as follows: (1) Commercial: …. d. Gas stations. If the proposed gas station is part of a City Council approved master plan for a project, then conditional use approval is not necessary and it may be approved via the master plan, however, the following performance standards are applicable in each case: 1. Minimum property size: At least fifty acres. Regardless of the size of the property, no more than one gas station may be located on a property. This limitation may not be avoided by subdivision, split, reconfiguration, transfer, or otherwise. 2. Location: Property shall have street frontage on an arterial or collector street as defined in the comprehensive plan 3. Setbacks: Canopies, service islands which contain gasoline pumps and other above-ground equipment, vents and tanks shall also follow setback requirements for this district. 4. Prohibited: a. Outdoor display of merchandise that are not appropriately shielded from public streets. b. Neon and illuminated panels. c. Exposed standard concrete block canopy and supports without architectural finish. d. Lights mounted on the fascia or top of the canopy. e. The rental of motorbikes and moving or travel trailers.

5. Architecture: Overall design. The design elements of the building, canopy and service islands shall be architecturally compatible (color, materials, massing, detailing and overall architectural design).

a. The overall design of the facility shall be aesthetically compatible with surrounding properties. b. All amenities such as lighting fixtures, trash cans and other features shall be compatible with the design of the building.

5G - 9 Canopy. a. Canopy supports are required to be at least 25 percent clad in brick, masonry, wood or other similar material that is compatible with the architecture of the building. b. Cladding of the supports must be proportioned to the height and scale of the canopy. c. All downspouts shall be integrated into the canopy structure. d. Canopy fascias shall be finished to match the building material. e. Fascias shall extend 12 inches below light fixture lenses to block the direct view of the light sources from the property line.

Site layout: a. Loading/unloading zones shall be located in such a manner on the site in order to completely separate those zones from customer parking areas and access lanes and aisles thereto. b. Stacking lanes shall be located away from public streets and driveways so that queued vehicles do not block the flow of traffic on-site. c. Car wash or service bay openings shall be oriented away from public view and shall be accessed from the side or rear of the lot, where possible. d. A visual screen meeting the specifications of Division 5 of Article V of this chapter may be required along the rear or the length of the sides of the site where there is no access or egress to a right-of-way.

This section shall not be applied in a manner that conflicts with or impairs corporate trademarks, service marks, trade dress, logos, color patterns, design scheme insignia, image standards or other features of corporate branding identity.

5G - 10 AGENDA ITEM

March 2, 2021 City Council Meeting

Approved for Submittal By:

______Scott Morgan, City Manager To Be Presented By:

__Christy______Fischer Christy Fischer, Planning Director

To: Honorable Mayor and Members of the West Melbourne City Council

Through: Scott Morgan, City Manager

From: Christy Fischer, AICP, Planning Director

Date: March 2, 2021

SUBJECT

Annex the property west of Brandywine Lane and I-95 and south of US 192.

RECOMMENDATION

Approve the second reading of Ordinance Number 2020-13, annexing the property west of Brandywine Lane and I-95 and south of US 192.

FISCAL IMPACT

5H - 1 DISCUSSION

Property to be Annexed: (Depicted in the aerial below)

The owner of the properties west of Interstate 95, west of Brandywine Lane and south of US 192 submitted an application for annexation (see Attachment 1). Since the properties are contiguous to the city limits and the owner wants to connect to city sewer and water, our codes require that to obtain urban services, they must annex into our city.

Property Information No address assigned Owners/Applicants Space Coast Property Investments, LLC/Acquest Development, LLC Acreage 24.64 acres Existing Use of Property Vacant/undeveloped Proposed Use of Property Future Mixed Use (no plans submitted

Areas shown in blue show the city limits (red shape is the proposed annexation) SJP SJP Parkway

OLUMBIA LANE C

Space Coast Town Center

site ST JOHNS HERITAGE PARKWAY

5H - 2 Municipal Services— The annexation meets the intent of the Florida Statutes which is to have cities annex adjacent properties and serve them with municipal services. The following describes the existing and future conditions. Transportation: The properties will be able to use US 192 and St. Johns Heritage Parkway for access when the site is developed as part of the master plan for the Space Coast Town Center as described by the developers.

Utilities: City sewer and water lines already exists along the west side of Brandywine Lane. This property must obtain their water and sewer from the City of West Melbourne since it is part of the Space Coast Town Center development.

Stormwater Management: The property when developed will be required to meet the minimum stormwater level of service standards for St. Johns River Water Management District.

Fire: These properties will continue to be served by Brevard County Fire.

Law Enforcement: The West Melbourne Police Department will serve the property instead of Brevard County Sheriff’s Office.

Connection to City water and/or sewer: During the mid-1990’s, the City enacted an ordinance which required that properties adjacent to the city limits requesting connection to city utilities (water and/or sewer) annex into the city.

Consistency with Florida Statutes:

a) Section 171.042. Prerequisites to Annexation. Staff Comments—The annexation request is consistent with the provisions of Section 171.042(2), F.S. since urban services are already located on the west side of Interstate 95 in the area to be annexed and the extension of either water or sewer services can easily be brought to this site as it will be integrated with the Space Coast Town Center. Brevard County and all affected property owners have been notified of the City’s intent to annex in the subject properties as required by the Florida Statutes.

Consistency with West Melbourne Land Development Regulations (LDR):

a) LDR Section 66-222. Creation of Enclaves.

5H - 3 Staff Comments—The annexation of these properties does not result in the creation of an enclave since the site is immediately adjacent to property to the west is in our city limits, and there are still properties to the south that are in unincorporated County. The City Attorney reviews the issue of enclaves prior to staff providing a recommendation.

b) LDR Section 66-227. Comprehensive Plan Amendment. Staff Comments—Newly annexed properties must receive a comprehensive plan future land use designation. This request for annexation is accompanied by a comprehensive plan map amendment in the December 15, 2020 City Council agenda packet and the same land use designation as the abutting properties to the west (Parkway Interchange) will be considered for this site.

c) LDR Section 66-228. Assignment of zoning classification. Staff Comments—The subject property will be assigned a zoning district simultaneously with a comprehensive plan future land use designation. This will also be heard on December 15, 2020 and the same zoning as the other sites to the west (GTWY-I, Gateway Interchange) will be considered for this site.

Public Notice – The annexation was advertised in the newspaper and notices were sent to property owners within 500 feet and all legal criteria for announcing the annexation have been met. Most of the feedback received from adjacent property owners have been from residents of Brandywine Estates concerned about impacts to their subdivision if a roadway connects from this property to Brandywine Lane. Previous Action:

On December 15, 2020, City Council conducted the public hearing and the first reading of Ordinance Number 2020-13, annexing the property described above into our city limits.

RECOMMENDATION

Motion to approve the second reading of Ordinance Number 2020-13, annexing the property west of I-95 and Brandywine Lane and south of US 192.

ATTACHMENT

1. Applicants’ representative’s annexation letter 2. Annexation Ordinance No. 2020-13

5H - 4 Attachment 1

5H - 5 5H - 6 5H - 7 5H - 8 Attachment 2

ORDINANCE NO. 2020-13

AN ORDINANCE OF THE CITY OF WEST MELBOURNE, BREVARD COUNTY, FLORIDA, ANNEXING BY VOLUNTARY PETITION PARCELS OF LAND TOTALING APPROXIMATELY 44.72 ACRES LOCATED ON THE SOUTH SIDE OF U.S. 192, WEST OF INTERSTATE 95 AND EAST OF THE ST. JOHNS HERITAGE PARKWAY, AS MORE FULLY DESCRIBED HEREIN; FINDING THAT THE AREA BEING ANNEXED IS REASONABLY COMPACT AND CONTIGUOUS TO THE CITY, THAT THE ANNEXATION OF THE PROPERTY DOES NOT CREATE AN ENCLAVE, AND THAT THE ANNEXATION OF THE PROPERTY OTHERWISE COMPLIES WITH FLORIDA LAW; AMENDING THE CORPORATE BOUNDARIES OF THE CITY TO PROVIDE FOR THE INCORPORATION OF THE REAL PROPERTY DESCRIBED HEREIN; PROVIDING FOR FILING OF THE REVISED CITY BOUNDARIES WITH THE DEPARTMENT OF STATE; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the owners of the property described hereinafter have petitioned the City pursuant to F.S. 171.044 for voluntary annexation of said property into the City; and,

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Melbourne, Brevard County, Florida, that:

Section 2. Annexation of Real Property and Amendment of Corporate Boundaries. The following properties located on the south side of U.S. 192, west of Interstate 95 and east of the St. Johns Heritage Parkway, West Melbourne, Florida 32904 and assigned Parcel Identification Numbers 28-36-03-00-751, 28-36-03-00-760, and 28-36-03-00-762 by the Property Appraiser of Brevard County and totaling approximately 44.72 acres as described below, shall hereby be annexed to and

5H - 9 ORD. NO. 2020-13 Page 2

incorporated within the City of West Melbourne, Brevard County, Florida, pursuant to the voluntary annexation provisions of Section 171.044, Florida Statutes:

LEGAL DESCRIPTION: (BY SURVEYOR) A PORTION OF LOTS 2, 3, 14 AND 15, INDIAN RIVER LAND COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 80, PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; SAID LANDS LYING IN THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 28 SOUTH, RANGE 36 EAST, SAID BREVARD COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF TRACT D, SPACE COAST TOWN CENTRE EAST-PHASE I, RECORDED IN PLAT BOOK 68, PAGE 50, SAID PUBLIC RECORDS; THENCE N89°37'47”E ALONG THE SOUTH LINE OF SAID TRACT D, A DISTANCE OF 550.00 FEET; THENCE N00°12'58”W ALONG THE EAST LINE OF SAID TRACT D, A DISTANCE OF 308.79 FEET TO THE WEST RIGHT-OF-WAY LINE OF BRANDYWINE LANE (A 60.00 WIDE LIMITED ACCESS RIGHT-OF-WAY) PER FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) RIGHT-OF-WAY MAP SECTION 70220-2403 THENCE CONTINUE ALONG SAID WEST RIGHT-OF-WAY LINE FOR THE FOLLOWING SEVEN (7) COURSES: S53°55'19”E, A DISTANCE OF 107.68 FEET; THENCE S43°37'58”E, A DISTANCE OF 197.48 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 542.96 FEET, A CENTRAL ANGLE OF 20°00'00” AND A RADIAL BEARING OF S56°56'00”W; THENCE SOUTHERLY FOR AN ARC DISTANCE OF 189.53 FEET TO THE END OF SAID CURVE; THENCE S13°04'00”E, A DISTANCE OF 356.92 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1115.92 FEET, A CENTRAL ANGLE OF 6°46'26”; THENCE SOUTHERLY FOR AN ARC DISTANCE OF 131.93 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE S06°17'34”E, A DISTANCE OF 203.36 FEET TO THE POINT OF CURVATURE A NON-TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 3335.36 FEET, A CENTRAL ANGLE OF 19°53'38” AND A RADIAL BEARING OF N83°21'32”E; THENCE SOUTHERLY FOR AN ARC DISTANCE OF 1158.08 FEET TO THE NORTH RIGHT-OF-WAY LINE OF MELBOURNE TILLMAN DRAINAGE DISTRICT CANAL 84 (A 96.00 FOOT WIDE DRAINAGE RIGHT- OF-WAY) THENCE S89°35'02”W ALONG SAID NORTH RIGHT-OF-WAY, A DISTANCE OF 1293.14 FEET TO THE SOUTHEAST CORNER OF SAID SPACE COAST TOWN CENTRE EAST-PHASE I, THENCE N00°12'58”W ALONG THE EAST LINE OF SAID SPACE COAST TOWN CENTRE EAST-PHASE I A DISTANCE OF 1860.60 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED LANDS. SAID LANDS CONTAINING 44.72 ACRES OF LAND MORE OR LESS.

Section 3. Utilities Notification. The City Clerk is hereby directed to notify all utility companies servicing this property of this annexation.

Section 4. County Notification. The City Clerk is hereby directed to provide a copy of the notice of annexation, via certified mail, to the Brevard County Board of

5H - 10 ORD. NO. 2020-13 Page 3

County Commissioners at least 10 days prior to the time of publishing said notice as provided for in Florida Statutes, Section 171.044(6).

Section 9. Effective Date. This ordinance shall become effective immediately upon its adoption by the City Council on second reading.

PASSED AND ADOPTED by the City Council of the City of West Melbourne, Brevard County, Florida, this 2nd day of March 2021.

______HAL J. ROSE, MAYOR ATTEST:

______CYNTHIA HANSCOM, CITY CLERK

Reviewed as to form and legal sufficiency:

1ST READING: December 15, 2020 2nd READING: March 2, 2021 Morris Richardson, City Attorney

5H - 11 ORD. NO. 2020-13 Page 4

Exhibit “A”

Image showing City limits and parcel to be annexed.

5H - 12 AGENDA ITEM

March 2, 2021 City Council

Approved for Submittal By:

______Scott Morgan, City Manager To Be Presented By:

__C__hristy______Fischer Christy Fischer, Planning Director

To: Honorable Mayor and Members of City Council

Through: Scott Morgan, City Manager

From: Christy Fischer, AICP, Planning Director

Date: March 2, 2021

SUBJECT

Amend the Future Land Use Map to change the future land use designation from (RES-2) Residential and (NC) Neighborhood Commercial in the County to (PI) Parkway Interchange if the 44.72 acre property is annexed (west of Interstate 95, on Brandywine Lane).

RECOMMENDATION

Approve the second reading of Ordinance No. 2020-14 adopting the large scale comprehensive plan map amendment LSA 2020-02 to change the future land use of the property from Residential Two (RES- 2) and Neighborhood Commercial (NC) to Parkway Interchange (P-I).

FISCAL IMPACT

The funds for this advertisement of approximately $1250 comes from the applicant.

5I - 1 DISCUSSION PROPERTY ADDRESS – located west of APPLICANT/PROPERTY OWNER Interstate 95, near the intersection of Benjamin Hedrick, P.A, Akerman associates agent for Space Coast Brandywine Lane and US 192 (SR 500) Town Center PUBLIC HEARING DATE – LOCATION RELATED TO SURROUNDINGS December 8, 2020 P&Z West of I-95 near the intersection of Brandywine Lane and US 192 March 2, 2021 City Council-adoption BRIEF SUMMARY OF REQUEST U.S. 192 This case is about changing the future land use designation on a portion of a property from Residential Two (RES-2) in the County to Space Coast Parkway Interchange (PI) to allow a mixed use commercial and multi-family development on Town Center 44.72 acres as part of the proposed Space Coast site Town Center development. The applicant is proposing a master plan revision for the Space Coast Town Center as part of the development agreement revisions to include this acreage. The property that is subject to this comprehensive plan map amendment is shown in red outline on the aerial map here. The future land use designation assignment is contingent on the property being annexed.

STAFF RECOMMENDATION APPROVE APPROVE WITH CONDITIONS DENY

COMPATIBILITY with the COMPREHENSIVE PROPERTY HISTORY PLAN The property contains a burrow pit that FDOT used (hence the square The proposed map amendment is consistent shape) in construction of I-95. The property owner kept the site in with the policies in the City’s Horizon 2030 unincorporated county for tax reasons and now is annexing into the City. Comprehensive Plan that support urban uses The property is vacant except for some agricultural use and roadwork such as the proposed mixed use staging. Since a portion of the burrow pit is on the Space Coast Town development. Center’s property and they are filling in part of the pond, it makes sense that the developer would buy this property to include in his master development. COMPATIBILITY with the LAND DEVELOPMENT REGULATIONS

The proposed map amendment to designate a portion of the property with – “Parkway Interchange” (PI) is consistent with the Zoning District requested, GTWY-I (Gateway Interchange). The developer will revise the development agreement for the Space Coast Town Center to include this new property and to update the conceptual master plan.

ATTACHMENTS (CIRCLE) SUBMITTED PLANS PUBLIC LEGAL NOTICE LEGAL DESCRIPTION Proposed Future Land Use HEARING Map Comprehensive plan PETITION/ APPLICATION FORM

5I - 2 Property Information Table Applicant Fulcher Lake Enterprises, LLC for 44.72 acres – Vacant Owners/Acreage/Existing Use undeveloped RES-2, Residential Two, 43.5 acres and NC, Neighborhood Existing FLU: Commercial (County’s designation), 1.2 acres Proposed FLU: PI, Parkway Interchange Proposed Use: Mixed use commercial and multi-family

Background Information—

This is a request by the owner/applicant to submit to the State Department of Economic Opportunity (DEO), a change to the Future Land Use designation. The applicants are requesting to change a 44.72 acre portion of their property from Residential Two (RES-2) and Neighborhood Commercial (NC) to Parkway Interchange (PI, a mixed use future land use designation) and as a separate action to rezone the property from AU (Agriculture Use) to GTWY-I (Gateway Interchange, also a mixed use district). The proposed map amendment is a large scale comprehensive plan map amendment because the property is more than ten (10) acres. In January - February, staff received emails and letters that there were no comments from State agencies in regards to negative impacts to State resources. Future Land Use Designation to be changed on the property indicated below

Site

RES-2 and NC to P-I St. Johns Heritage Parkway Heritage Johns St.

5I - 3 Surrounding Properties Future Land Use Direction Existing Use Jurisdiction (see attached maps) Vacant land in the Space Coast City of West North Parkway Interchange Town Center master plan Melbourne Single-Family Residential – Brevard County South Brandywine Estates and RES-2 (Residential Two) agriculture Interstate 95 and east of this FDOT right-of- Highway and east of this is property East is vacant land way and West designated Industrial Melbourne Vacant land in the Space Coast City of West West Parkway Interchange Town Center master plan Melbourne

Environmental Site Data—

Flood Zone: If this property is in a flood zone, building elevations for residents and construction of larger ponds will be required during the plan review process.

Natural Resources: The impact on surrounding natural resources will be assessed when the site is developed.

Development Potential for Large Scale Amendment:

Maximum Intensity/Density per Maximum Development Potential Future Land Use Designation FLU for 44.72 acres RES – 2 in the County 2 dwelling units per acre = (Residential Two) 87 Dwelling units on 43.5 acres NC in the County 39,204 s.f. 0.75 per acre = (Neighborhood Commercial)

44.72 acres of commercial at 20 dwelling units per acre with a 65% 80% of the acreage with a 1.0 limit = 581 dwelling units FAR = 1,558,403 S.F. with 10% PI (Parkway Interchange) And 10% open space and 25% open space and 10% acreage of commercial or industrial = 438,301 industrial = 194,800 S.F. s.f.

As a mixed use future land use designation, the PI future land use designation allows professional office, personal services, convenience stores, institutional uses, public facilities and multi-family development.

5I - 4 The above table is shows the slight amount of commercial that possibly could be built in the County and the 87 dwelling units that would be allowed on the remainder of the property. However, Parkway Interchange is different than other comprehensive plan map amendment maximum impact tables in that it assumes that either multi-family or commercial dominate the mix of uses and there is always 10% required open space. The PI designation requires at least three uses, a required 10% of open space, commercial, industrial, institutional, or multi-family.

If the multi-family uses dominates the mix of uses, then on 44.72 acres, the proposed PI designation allows a density of 20 units per acre with a cap of occupying 65% of the project equates to 581 dwelling units.

If the commercial and industrial uses dominates the mix of uses, then on 44.72 acres, the potential non- residential square footage could be 1,753,203 square feet with a cap of occupying 90% of the project and leaving 10% in open space. It is important to note that there may not be much difference in the impact to city water and sewer capacity for 44 acres of mixed use that contains commercial and industrial uses versus the 44 acres developed with 581 dwelling units.

If the site were developed at the commercial and industrial maximum buildout allowed in the PI (Parkway Interchange) future land use designation, meaning be 1,558,402 square footage of commercial development, this would generate more average daily trips (Institute of Traffic Engineers Trip Generation Manual) than if the property remained in the County and had a density of 87 dwelling units total and 39,204 s.f. of commercial. However, the likelihood of a site being predominantly developed with 1.5 million square feet of commercial and industrial is unlikely, and a more likely total square footage may be a tenth or a quarter of that square footage with fewer concurrency impacts to water, sewer, solid waste, drainage systems. The likelihood of 581 apartments on the site is also unlikely given the fact that the retention pond occupies so much of the property’s acreage.

The City’s Comprehensive Plan’s Future Land Use Element contains a policy which states that future land use map amendments such as this, shall be evaluated upon location, adjacent land use, proposed development, buffering of non-like uses, and infrastructure capacity of water, sewer, and solid waste. The potential impact to infrastructure capacity and adjacent land uses were already mentioned, however, it is important to note from a land use compatibility perspective, that there would be negligible impact to the Brandywine Estates subdivision since there is a canal and some vacant land to the south of the canal and because the Space Coast Town Center has pledged via a binding concept master plan to only have their development access US 192 or the St. Johns Heritage Parkway.

Adequate Public Services/Facilities:

Water and sewer concurrency - City staff consulted with the Public Works 44.72 acres were developed as Parkway Interchange. The comparison of development in County’s NC and RES-2 land use designations (current FLU) versus the “Parkway Interchange” (proposed FLU) reveals that overall demand for water, sewer and solid waste are higher but still acceptable for urban intensities.

5I - 5 Other Public Services—

Transportation: Primary Access: St. Johns Heritage Parkway and US 192

The applicant revised their traffic study based on Florida Department of Transportation advisory comments (not technical opposition comments), please see Attachment 3. Estimated traffic generation rates of 3,168 Average Daily Trips (ADT) for 581 units of multi-family housing (65% of land area) and 10,536 ADT for 25% of the land area being commercial and industrial uses, for a grand total of 13,705 ADT instead of 4,131 ADT if the property remained in the County with no water or sewer to allow property intensification. The traffic study trip generation assumes a maximum capacity build out as allowed by the Parkway Interchange mixed use district of 90% commercial and industrial with 42,153 ADT which is more than the 4,131 ADT that could occur if the property remains in the County. However, it is unlikely that the site will be built with 90% of the land occupied by commercial and industrial uses and more likely that there will be a mix of residential, commercial, industrial with some capture of the road trips internal to the overall Space Coast Town Center, also resulting in fewer trips on the surrounding roads.

This property currently has frontage on the Brandywine Lane, and like other property owners part of the property was used as a burrow pit to obtain fill for FDOT’s I-95 interchange. During various meetings with the developer and his team, staff made it clear that Brandywine Lane is not to be used as a point of access. However, any additional improvements needed to the St. Johns Heritage Parkway or US 192 will be assessed by the governing agencies, Brevard County and FDOT, with input by the City. The applicant provided a traffic exhibit (Exhibit C) with traffic counts for US 192 and I-95 (See traffic exhibit). Since the St Johns Heritage Parkway is newly completed there are very few traffic counts available at this time on this arterial road, indicating there is sufficient capacity to accommodate this development and others along the parkway.

Utilities: The property owner desires to connect to city water and sewer with the proposed development. There is capacity in our systems to accommodate the potential development of mixed use commercial and multifamily residential units on 44.72 acres.

Stormwater: Any development of a site requires that stormwater runoff from roads, sidewalks, roofs, etc. be kept on the developed site and not impact surrounding uses.

Fire & Police: Brevard County Fire and Rescue provides fire protection and emergency services. City of West Melbourne Police will serve the property.

School: Since part of the proposed mixed use development will have apartments, school concurrency must be evaluated by Brevard Public Schools with this future land use map amendment.

Staff Analysis—

5I - 6 held its public hearing and deliberation hearing on the request and provided a recommendation to the City Council. City Council will ultimately determine whether to approve or deny the request.

City Code Citation: Land Development Regulations Section 66-520. Amendment process

State Requirements:

The following criteria have been reviewed to determine the appropriateness of the land use amendment request:

The following is City staff’s analysis of urban sprawl, minimal concurrency impacts and impacts to natural systems:

Future Land Use (FLU) Designation Evaluation FLU Policy 3.3c: “Parkway Interchange designations can be located at an intersection of the St. Johns Heritage Parkway and arterial roads which are in a half-mile proximity to Interstate 95. This designation is intended to promote a mix of uses with the recognition that commercial types of uses will desire to be at the more prominent intersections and residential uses may be located behind the commercial activities.”

“PI Standards: Since the Parkway Interchange future land use designation encourages a high level of concentrated urban uses to promote internal trip capture by allowing a mix of varying uses, the following intensity and density levels are meant to promote urban development patterns: i. Size - Area must contain a minimum of ten (10) acres and maximum of 200 acres of land.”

Staff Comments – The proposed assignment of PI future land use designation to this 44.72 acre property is consistent with the future land use policy promoting a mix of uses on larger acreages. The Parkway Interchange land use is intended for a property such as this one that will be joined with the master plan which has the intersection of St. Johns Parkway and US 192 and is within close proximity to I-95.

5I - 7 FLU Policy 5.6c: “Future Land Use Amendments- Amendments to the future land use map as either large scale or small scale map amendments shall be guided by these principles in addition to statutory requirements:

c. All land uses – Each amendment shall be evaluated upon the proposed location, adjacent land use, proposed development (amount of units or square footage of non- residential), facility capacity and buffering of uses between non-like designations, except for mixed use designations.” Staff Comments – The future land use map change for this property to Parkway Interchange is in an area that soon will experience continued urbanization since the north segment of the St. Johns Heritage Parkway from U.S. 192 to the overpass of I-95 to Ellis Road interchange have been completed and many developers have expressed an interest in both interchanges, Ellis Road and US 192.

FLU Policy 3.2: “Mixed Land Uses… By creating relationships between land uses, the mixed land uses will promote an integrated development pattern that contributes to the community’s future planning goals and long range vision for the future.“

Staff Comments – There are only two other properties on the west side of I-95 that has the Parkway Interchange designation and that is the Space Coast Town Center and the property directly across the street from it. Having another property at an interchange with a mixed use designation instead of a single use designation allows planned integrated development on this vacant land instead of a patchwork quilt of different uses adjacent to each other, each with separate driveway cuts onto US 192. The Viera community is an example of successful mixed use development patterns.

Multi-modal Policy 3.1 Coordinated Land Use Practices and Transportation Systems: “Utilize the city’s long-range planning practices and development review to coordinate land use practices and transportation system expansions.…”

Staff Comments – Within several miles, there is direct access to over 6 aerospace and defense contractors, Harris, Embraer, DRS Technologies, Thales, Rockwell Collins, and Northrup Grumman, not including the numerous others that support these companies or are independent of these, representing thousands of jobs. Designating the 44.72 acres to be mixed use with commercial and multi-family residential units allows a mixture of development at a highway interchange which supports the city’s policies of coordinating land use and transportation systems.

Urban Sprawl

Comprehensive Plan amendments are reviewed to ensure compliance with the requirements of Florida Statutes, regarding urban sprawl.

Staff Comments—The proposed assignment of the PI (Parkway Interchange) future land use designation to a property that is poised to see an influx of urban development with the new intersection of the St. Johns Heritage Parkway and the I-95 interchange of US 192 is a logical extension of urban uses being centered along major road intersections.

5I - 8 Public Service Standards and Infrastructure Systems Policy FLU Policy 1.5 states, “Provide the community with a good quality of life by ensuring that there is adequate public services and infrastructure capacity for current and future developments. The City will meet the community’s public service demands by addressing the following:

a. City’s capacity to deliver basic public services and maintain its public facilities and infrastructure systems.”

Public Facilities Policy 1.4, Development Expansion, states, “Require development to connect to city public utility services as part of the site and development review process…”

Staff Comments – The City is requiring potable water and sewer services be provided to the site.

Consistency with the Land Development Regulations (LDR):

Staff also reviews the request to determine whether or not it is consistent with the LDRs.

Conclusion –

Staff has analyzed the proposal by the applicant, and applying the Parkway Interchange future land use designation for this property to be included in the Space Coast Town Center based on the intersection of a new limited access arterial road that is close to two highway interchanges and another major arterial is logical urban expansion at a major road intersection. The property that is subject to this proposed future land use map amendment furthers the City’s policies of increased development in concentrated areas thereby reducing the need for utility line upsizing or the creation of new roads, and furthering the policies for additional employment centers in the city limits besides the predominance of single family residential neighborhoods we experience as a bedroom community. The location of this proposed “Parkway Interchange” future land use also furthers the Comprehensive Plan desire to have areas of the city in close proximity to jobs and transit and this location is close to several major employers.

Public Notice:

The large scale comprehensive plan amendment was advertised with a map in the local section of the Florida Today in November and courtesy notices were mailed to the surrounding property owners within 500 feet of the property. As a result, some of the neighbors from Brandywine have contacted us and viewed the revised Space Coast Town Center plans which includes this 44 acres. The adoption of the large scale comprehensive plan amendment and second reading of the ordinance was advertised with a map in Florida Today in February 2021.

5I - 9 There was also a letter of opposition sent to the City by Mr. Ferrell’s attorney since the lender to the Space Coast Town Center is Mr. Ferrell. The City Attorney will address this letter and the City’s action.

Previous Action: On December 8, 2020, the Planning and Zoning Board voted 4 to 0 to recommend that City Council transmit the large scale comprehensive plan map amendment to the State agencies and in favor of the future land use map change to Gateway Interchange for the Fulcher property.

On December 15, 2020, City Council voted to approve the first reading of Ordinance Number 2020-14 and transmit the future land use map amendment to the State agencies for their review.

RECOMMENDATION

Adopt the future land use map amendment on the 44.72 acres of property located west of I-95 from Residential Two and Neighborhood Commercial to Parkway Interchange to the State reviewing agencies and approve the second reading of Ordinance Number 2020-14 conditioned on the property being annexed.

ATTACHMENTS

1. Future Land Use Maps 2. Applicant letter and analysis 3. Applicant’s comprehensive plan traffic analysis 4. Ordinance Number 2020-14

5I - 10 Attachment 1 Current Land Use Brevard County Residential 2 and Neighborhood Commercial

RES-2

Proposed Future Land Use City of West Melbourne Parkway Interchange

P-I

5I - 11 ATTACHMENT 2 Benjamin Hedrick

Akerman LLP akerman Three Brickell City Centre 98 Southeast Seventh Street Suite 1100 Miami, FL 33131

D: 305 982 5664 T: 305 374 5600 F: 305 374 5095 [email protected]

October 22, 2020

Via FedEx and Electronic Delivery Ms. Christy Fischer Director, Planning & Economic Development City of West Melbourne 2240 Minton Road West Melbourne, FL 32904

RE: Fulcher Lake Property - Voluntary Annexation and Comprehensive Plan Amendment Applications

Dear Ms. Fischer:

Akerman LLP represents Fulcher Lake Enterprises, LLC ("Applicant"), the contract purchaser of the real property in unincorporated Brevard County known as Fulcher Lake 1 ("Property"), identified on the enclosed survey, vicinity map and legal description. The Property is owned by Fulcher ELF, LLC andFulcher Realty Investments, LLLP, each of which has executed the owner's authorization pages included in the enclosed applications.

The Applicant is respectfully seeking a voluntary annexation of the Property into the City of West Melbourne ("City"), and a corresponding amendment to the City's Comprehensive Plan to designate the Property as Parkway Interchange on the City's Future Land Use Map, for the purposes of developing a mixed-use phased project at the Property.

Overview

The Property consists of approximately 44. 72 surveyed acres, and has a current Brevard County future land use designation of primarily Res-2 Residential (with a small northeast comer designated NC Neighborhood Commercial) and zoning designation of AU Agricultural Residential. It is located at the southwest comer of the intersection of U.S. 192 with 1-95, directly east of and abutting the Space Coast Town Center mixed-use project which was previously

TheProperty is also identifiedby Brevard County tax folio nos. 28-36-03-00-751, 28-36-03-00-760, 28-36- 03-00-762.

5I - 12 annexedinto the City and approved by the City Council. The Property is currently vacant, except forlimited cattle grazing at the southeast end. Current adjacent uses areas follows: (1) vacantand commercial to the north; (2) vacant and residential to the south; (3) 1-95 and commercial to the east; and (4) to the west, the site of the approved Space Coast Town Center.

Upon annexation, the Applicant is requesting that the Property be designated Parkway Interchange on the City's Future Land Use Map, with a corresponding zoning designation of Gateway Interchange. This is to allow a mixed-use development program currently proposed to consist of the following: (1) up to 325,000 s.f. of light industrial uses, 727 dwelling units and 162,000 s.f. of retail uses; or (2) alternatively, up to 450,000 s.f. of light industrial uses, 642 dwelling units and 185,000 s.f. of retail uses. The proposed project is a natural extension of the approved Space Coast Town Center already under development in the immediate area (as noted, directly abutting the Property to the west), and will contribute to the overall orderly, planned development of this portion of the City located west of 1-95 in the St. Johns Heritage Parkway corridor. As you are aware, the Applicant is in the process of preparing master plan and development agreement applications forthe Property, to be submitted to the City in the nearfuture.

The completed voluntary annexation and Comprehensive Plan amendment applications (including the transportationconcurrency application) are enclosed with this letter of intent.

Voluntary Annexation

The enclosed voluntary annexation application satisfies all relevant City requirements, in addition to the statutory voluntary annexation requirements under Section 171.044, Florida Statutes. All current owners of the Property (i.e., Fulcher ELF, LLC and Fulcher Realty Investments, LLLP, per the enclosed title opinion) have signed the owner's authorization sheets required to file the enclosed applications. Notably, the proposed annexation of the Property will result in a significant increase in the City's property tax base.

Comprehensive Plan Amendment

The enclosed Comprehensive Plan amendment application demonstrates consistency with the City's Comprehensive Plan, including the goals, objectives andpolicies, especially as follows:

• LandUse Policy 1.3 - Integrated Development Patterns. The proposed annexation and comprehensive plan amendment will allow for the orderly and planned development of the Property within the City, and will contribute to the orderly development of the growing area of the City west ofl-95 in the St. Johns Heritage Parkway corridor. This will improve the appearance, connectivity and safety of development on the Property and its surrounding environs through an orderly, integrated development pattern. The result will be a project consisting of a mixed use center blending residential uses and commercial and business services, with a required open space component.

• Land Use Policy 1.6 - Land Development Practices and Design Standards. The proposed annexation and comprehensive plan amendment are a clear extension of

5I - 13 the City's trajectory of future growth and land area needs, both in terms of geographic areaof proposed growth and types of uses proposed for the Property.

• LandUse Policy 3.3(c)-Parkway Interchange(PI). This futureland use category is appropriate for areas at an intersection of the St. Johns Heritage Parkway and arterialroads within one-half mile ofl-95. It is intended to promote a mix of uses, including commercial, residential and light industrial. The Property is ideally located directly to the east of the existing Parkway Interchange area along the St. Johns Heritage Parkway south of U.S. 192, serving as a natural extension thereof moving eastward towards 1-95. As noted, the proposed development will be a phased, mixed-use project.

• Land Use Policy 5.6 -Future Land Use Map Amendments. Amendments to the City's Future Land Use Map are guided by certain principals, including (1) the ability of public facilities and services to be extended in an orderly and financially feasible manner, (2) consideration of the proposed location, adjacent land use, proposed development, facility capacity and buffering of uses and (3) adequate water and sewer capacity to meet growth demands. The proposed annexation and comprehensive plan amendment meet all these criteria. The large Space Coast Town Center project, already under development, lies directly to the west of the Property, providing ampleopportunity forthe extension of andconnection to public facilities and services; moreover, the Property is located in a high-growth area of Brevard County and the City, where infrastructure capacity is generally being increased and continues to be analyzed on a project-by-project basis to ensure sufficiencyof capacity forfuture growth. The proposed location and adjacent land uses are ideal for annexation and the Parkway Interchange future land use designation, because the Property is located directly to the east of the existing Parkway Interchangearea andis proposed to be developed with a mixed-use project appropriate for the area. Facility capacity and buffers will be addressed and accomplished through the City's master plan process and individual site plan approvals. The Propertywill have access to public water and sewer infrastructure, at a minimum through connections in the existing Space Coast Town Center area. Solid waste service and areas for on-site drainage are also available. As the proposed development makes its way through the City's concurrency review process, any necessary capacity upgrades will be analyzed and provided in consultation with the local water and sewer authorities.

Conclusion

The proposed annexation of the Property and the corresponding comprehensive plan amendment to designate it ParkwayInterchange satisfy all required statutoryand Comprehensive Plan criteria. The addition of the Property to the City's propertytax rolls will significantlyincrease the local tax base. In addition, the Property is ideally located abutting the existing Parkway Interchange area, serving as a logical extension of the approved Space Coast Town Center to the west. The annexation of the Property and future land use designation as proposed herein will furtherthe importantgoal of orderly mixed-use development in the area west ofl-95 and south of

5I - 14 U.S. 192. Notably, no building permit can be issued for the Property until an appropriate master plan and/or individual site plans are approved in accordance with the City's land development regulations.

We look forwardto continuing to work with you andyour staff on this proposed annexation and Comprehensive Planamendment. Please do not hesitate to contact us with any questions.

Sincerely,

�� Benjamin Hedrick

Enclosures

5I - 15 ATTACHMENT 3

To: Ms. Christy Fischer Date: October 20, 2020 Director, Planning and Economic Revised December 7, 2020 Development 2nd Revision January 29, 2021 City of West Melbourne Project #: 63721.00 From: Kok Wan Mah, P.E. Re: Fulcher Lake Property CPA Senior Transportation Engineer Traffic Analysis Memorandum Parcel IDs: 28-36-03-00-751, 28-36-03-00-760, 28-36- 03-00-762 CC: Robert Gorlow (SCTC) Ben Hedrick (Akerman)

INTRODUCTION

VHB has been retained by Fulcher Lake Enterprises, LLC, contract purchaser of the above‐referenced property (FULCHER LAKE PROPERTY), to conduct traffic engineering and transportation planning services as part of the proposed future land use change and annexation into the City of West Melbourne (the CITY) for the Fulcher Lake Property (the PROJECT). The proposed future land use comprehensive plan amendment (CPA) will change the future land use designation of a 44.72‐acre property from Brevard County that includes 43.5 acres of Residential (Res‐2) use and 1.22 acres of Neighborhood Commercial (NC) use to West Melbourne’s Parkway Interchange (P‐I) Future Land Use to enable the development of a master‐planned phased mixed‐use project as a continuation of the existing approved Space Coast Town Center project, with specific policies limiting development. The subject property consists of three contiguous parcels 28‐36‐03‐00‐751, 28‐36‐03‐00‐760, and 28‐36‐03‐00‐762 and is located generally on the south side of US 192, west of I‐95 in Brevard County. The site location is shown in Figure 1.

The methodology and procedures used in this analysis are consistent with the guidelines for the CITY and the Florida Department of Economic Opportunity (FDEO).

TRIP GENERATION FOR THE EXISTING VS PROPOSED FLU DESIGNATION

The average daily trips and the PM peak‐hour trips for the current and proposed future land use (FLU) districts are listed in Table 1. The site has Brevard County Res‐2 and NC Future Land Use (FLU) designations, which allows up to a maximum intensity of 39,857 sf of commercial (1.22 acres * 43,560 sf/ac * 0.75 FAR) and maximum density of two (2) dwelling units per acre for 43.5 acres (87 DU). The trip generation was determined using the Institute of Transportation Engineers (ITE) document, Trip Generation Manual, 10th Edition using land use code (LUC) 210 for single family dwelling units and LUC 820 for the commercial development. First, the existing FLU trip generation potential was examined. Based on the allowable intensities and densities of the currently assigned FLU, a maximum development program of 87 single‐family dwelling units and 39,857 sf of commercial was used. Therefore, under the current future land use designation, there will potentially be a total of 4,131 daily trips and 364 peak‐hour trips.

225 E. Robinson Street, Suite 300 Landmark Center Two Orlando, FL 32801-4326 P 407.839.4006

5I - 16 Wickham Road St. Johns Heritage Parkway St. Johns Minton Road

SPACE COAST TOWN CENTER DATE: October, 2020 PROJECT NUMBER: 63721.00 SITE LOCATION 225 E. Robinson St, Suite 300 | Orlando, Florida 32801 1 0’ 2000’ 4000’ Tel: 407.839.4006 | Fax: 407.839.4008 | www.vhborlando.com Brevard County Florida \\vhb\gbl\proj\Orlando\63721.00 Fulcher Lake\Graphics\BOARDS 5I - 17 Ref: 63721.00 January 29, 2021 Page 3

Table 1 Comparison of Current vs Proposed Future Land Use Trip Generation Fulcher Property Comp Plan Amendment

Daily PM Peak Period

ITE Trip In Out Land Use Code Intensity Rate Ends % Trips % Trips Rate Total Current Future Land Use: Brevard County RES‐2/NC Single Family 210 87 DU 10.51 915 63% 56 37% 33 1.02 89 Commercial 820 39.9 KSF 80.7 3,216 48% 132 52% 143 6.90 275 4,131 188 176 364 Proposed Future Land Use: West Melbourne Parkway Interchange Commercial 820 1,753.2 KSF 24.04 42,153 48% 2,172 52% 2,352 2.58 4,524 * Pass‐By (Capped at 10% of adj. street traffic) 98 97 195 Net New Trips 42,153 2,075 2,255 4,329 Difference 38,022 1,887 2,079 3,965 Source: ITE Trip Generation, 10th Edition * Potential reduction in pass‐by

Next, the maximum development potential of the requested Parkway Interchange was examined. Based on the City of West Melbourne’s Comprehensive Plan, Parkway Interchange allows for a mix of uses, including commercial land uses, multifamily residential, places of worship, community centers, government buildings and facilities, light industrial, and public spaces, parks, and other public resources. Maximum densities include 20 dwelling units per acre and 1.0 FAR for non‐residential uses with a maximum of 22 dwelling units per acre with up to 25 dwelling units per acres upon satisfying certain bonus criteria. However, these densities are restricted by a maximum land coverage, which allows for up to 90% commercial or industrial use, 35% institutional, and 65% residential. Also, a minimum of 25% commercial or industrial use and 10% public/open space is required. Based on these criteria, the highest and best use potential under the Parkway Interchange Future Land Use includes 90% commercial/industrial and 10% open space. This equates to 1,753,203 square feet of commercial/industrial use (44.72 ac * 43,560 sf/ac * 90%). Land use code 820 was used as the most intense use. This results in a potential total of 42,153 daily trips and 4,329 peak‐hour trips.

The difference in trips between the current and proposed future land use shows an increase of 38,022 daily trips and 3,965 peak‐hour trips. A set of roadway capacity analyses is provided in Exhibits A and B that presents existing conditions and future conditions with project traffic, respectively. The future roadway capacity table

5I - 18 Ref: 63721.00 January 29, 2021 Page 4

shows six (6) segments that will be over capacity compared to the three (3) segments that are shown as deficient for existing conditions. However, it should be noted that these deficiencies in capacity do not reflect the development program with significantly reduced densities of the approved Space Coast Town Center project, which will spread the entitled development into the Fulcher Lake Property. The site will also need to comply with the stormwater and site design requirements by the City of West Melbourne.

SUMMARY

The proposed future land use change from Brevard County Res‐2 and NC to City of West Melbourne Parkway Interchange (P‐I) shows a net increase in trips using the highest and best use land uses and intensities. The roadway segment tables show the impacted segments for existing and horizon year conditions. The highest and best use intensity was selected to conform to the requirements of the Comprehensive Plan Amendment, however, the Fulcher Lake Property will be incorporated into the existing Space Coast Town Center entitlements. The 44.72‐acres of Fulcher Lake Property will be developed as a continuation of the 154 acres of the approved Space Coast Town Center project, located immediately abutting to the west, which already has a future land use of Parkway Interchange.

Although the Comprehensive Plan Amendment provides an analysis of the highest and best use scenario for the Fulcher Lake Property, this land is intended to be absorbed into the Space Coast Town Center entitlements and no additional development beyond the 3,932 peak‐hour trips attributed to Space Coast Town Center is planned. Therefore, the CPA for Fulcher Lake Property should be recommended for approval by the City of West Melbourne.

We appreciate the opportunity to provide this analysis and evaluation to the City of West Melbourne and FDEO. If you have any questions, please do not hesitate to contact us.

Sincerely,

Kok Wan Mah, P.E. Senior Transportation Engineer VHB [email protected] 407.641.0690

5I - 19 Exhibit A SUMMARY OF EXISTING ROADWAY LEVEL OF SERVICE CONDITIONS Space Coast Town Center

E + C # of LOS Svc. Vol. Remaining Count Count Roadway Segment Lanes Area Type Std. @ Std. AADT Capacity v/c Source Stn Date US 192 Osceola County Line to Simon Road 4 ART Rural D 49,600 10,000 39,600 0.20 Brevard TPO 590 2019 Simon Road to I-95 4 ART Urban D 41,790 21,630 20,160 0.52 Brevard TPO 362 2019 I-95 to John Rodes Boulevard 4 ART Urban D 39,800 34,880 4,920 0.88 Brevard TPO 421 2019 John Rodes Boulevard to Wickham Road 4 ART Urban D 39,800 34,440 5,360 0.87 Brevard TPO 422 2019 Wickham Road to Dayton Boulevard 4 ART Urban D 39,800 37,640 2,160 0.95 Brevard TPO 424 2019 Dayton Boulevard to Windover Square 4 ART Urban D 39,800 40,760 ‐960 1.02 Brevard TPO 388 2019 Windover Square to Evans Road/Hollywood Blvd 4 ART Urban D 39,800 41,820 ‐2,020 1.05 Brevard TPO 425 2019 I-95 Palm Bay Road to US 192 6 ART Urban D 111,800 80,000 31,800 0.72 Florida Traffic Online 700371 2019 US 192 to Ellis Road 6 ART Urban D 111,800 84,500 27,300 0.76 Florida Traffic Online 700372 2019 Ellis Road to Eau Gallie Boulevard 6 ART Urban D 111,800 84,500 27,300 0.76 Florida Traffic Online 700372 2019 St. Johns Heritage Parkway Malabar Road to Pace Drive 2 ART Urban D 15,600 6,270 9,330 0.40 Brevard TPO 609 2019 Pace Drive to Emerson Drive 2 ART Urban D 15,600 7,830 7,770 0.50 Brevard TPO 610 2019 Emerson Drive to US 192 2 ART Urban D 15,600 11,220 4,380 0.72 Brevard TPO 629 2019 Eau Gallie Boulevard I-95 to John Rodes Boulevard 4 ART Urban D 41,790 43,950 ‐2,160 1.05 Brevard TPO 438 2019 John Rodes Boulevard to Sarno Road 4 ART Urban D 41,790 32,970 8,820 0.79 Brevard TPO 439 2019 Sarno Road to Wickham Road 4 ART Urban D 41,790 19,290 22,500 0.46 Brevard TPO 440 2019

Source: FDOT 2013 Level of Service Manual Space Coast TPO Traffic Counts: 2010 - 2019 VHB

5I - 20 Exhibit B SUMMARY OF FUTURE ROADWAY LEVEL OF SERVICE CONDITIONS WITH PROJECT Space Coast Town Center

Cost Existing 2045 Proj. Future w/ Proj Feasible LOS Svc. Vol. Remaining Background * Proj. Vol. Total Remaining Roadway Segment # of Lanes Area Type Std. @ Std. AADT Capacity v/c 0.82% Distribution 38,022 Vol. Capacity v/c US 192 Osceola County Line to Simon Road 4 ART Rural D 49,600 10,000 39,600 0.20 12,132 0.86% 327 12,459 37,141 0.25 Simon Road to I-95 6 ART Urban D 59,900 21,630 38,270 0.36 26,242 92.83% 35,296 61,537 ‐1,637 1.03 I-95 to John Rodes Boulevard 6 ART Urban D 59,900 34,880 25,020 0.58 42,316 38.88% 14,783 57,099 2,801 0.95 John Rodes Boulevard to Wickham Road 6 ART Urban D 59,900 34,440 25,460 0.57 41,783 32.61% 12,399 54,182 5,718 0.90 Wickham Road to Dayton Boulevard 6 ART Urban D 59,900 37,640 22,260 0.63 45,665 23.78% 9,042 54,706 5,194 0.91 Dayton Boulevard to Windover Square 6 ART Urban D 59,900 40,760 19,140 0.68 49,450 22.83% 8,680 58,130 1,770 0.97 Windover Square to Evans Road/Hollywood Blvd 6 ART Urban D 59,900 41,820 18,080 0.70 50,736 21.51% 8,179 58,915 985 0.98 I-95 Palm Bay Road to US 192 6 ART Urban D 111,800 80,000 31,800 0.72 97,056 19.78% 7,521 104,577 7,223 0.94 US 192 to Ellis Road 6 ART Urban D 111,800 84,500 27,300 0.76 102,515 33.58% 12,768 115,283 ‐3,483 1.03 Ellis Road to Eau Gallie Boulevard 6 ART Urban D 111,800 84,500 27,300 0.76 102,515 33.43% 12,711 115,226 ‐3,426 1.03 St. Johns Heritage Parkway Malabar Road to Pace Drive 2 ART Urban D 15,600 6,270 9,330 0.40 7,607 0 7,607 7,993 0.49 Pace Drive to Emerson Drive 2 ART Urban D 15,600 7,830 7,770 0.50 9,499 4.97% 1,890 11,389 4,211 0.73 Emerson Drive to US 192 2 ART Urban D 15,600 11,220 4,380 0.72 13,612 6.13% 2,331 15,943 ‐343 1.02 Eau Gallie Boulevard I-95 to John Rodes Boulevard 4 ART Urban D 41,790 43,950 ‐2,160 1.05 53,320 16.24% 6,175 59,495 ‐17,705 1.42 John Rodes Boulevard to Sarno Road 4 ART Urban D 41,790 32,970 8,820 0.79 39,999 15.40% 5,855 45,855 ‐4,065 1.10 Sarno Road to Wickham Road 4 ART Urban D 41,790 19,290 22,500 0.46 23,403 12.34% 4,692 28,095 13,695 0.67

Source: FDOT 2013 Level of Service Manual Space Coast TPO Traffic Counts: 2010 - 2019 VHB

Notes: Annual Growth of 0.82% based on BEBR population projections for medium growth within Brevard County, 2020-2045

5I - 21 ORDINANCE NO. 2020-14

AN ORDINANCE OF THE CITY OF WEST MELBOURNE, BREVARD COUNTY, FLORIDA AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN TO PROVIDE FOR P-I (PARKWAY INTERCHANGE) LAND USE 44.72 ACRES OF NEWLY ANNEXED LAND GENERALLY LOCATED ON THE SOUTH SIDE OF U.S. 192, WEST OF INTERSTATE 95, AND EAST OF ST. JOHNS HERITAGE PARKWAY, AND AS MORE FULLY DESCRIBED HEREIN; ESTABLISHING AN APPROPRIATE LAND USE FOR THE PROPERTY; PROVIDING FOR INCORPORATION INTO THE COMPREHENSIVE PLAN; EXTENDING THE GOALS, OBJECTIVES, AND POLICIES AND OTHER LAND USE PLANNING REQUIREMENTS TO THE PROPERTY; AND, PROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED by the City Council of the City of West Melbourne, Brevard County, Florida, that:

Section 1. Large Scale Comprehensive Plan Amendments Number 2 in 2020 (LSA-2020-02) is hereby adopted.

Section 2. The Future Land Use Map of the Comprehensive Plan of the City is hereby amended to provide for P-I (Parkway Interchange) land use on the property more particularly described as follows:

44.72 acres – Parcel Identification Numbers 28-36-03-00-751, 28-36-03-00- 760, and 28-36-03-00-762

5I - 22 ORD NO. 2020-14 Page 2

DISTANCE OF 197.48 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 542.96 FEET, A CENTRAL ANGLE OF 20°00'00” AND A RADIAL BEARING OF S56°56'00”W; THENCE SOUTHERLY FOR AN ARC DISTANCE OF 189.53 FEET TO THE END OF SAID CURVE; THENCE S13°04'00”E, A DISTANCE OF 356.92 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1115.92 FEET, A CENTRAL ANGLE OF 6°46'26”; THENCE SOUTHERLY FOR AN ARC DISTANCE OF 131.93 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE S06°17'34”E, A DISTANCE OF 203.36 FEET TO THE POINT OF CURVATURE A NON-TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 3335.36 FEET, A CENTRAL ANGLE OF 19°53'38” AND A RADIAL BEARING OF N83°21'32”E; THENCE SOUTHERLY FOR AN ARC DISTANCE OF 1158.08 FEET TO THE NORTH RIGHT-OF-WAY LINE OF MELBOURNE TILLMAN DRAINAGE DISTRICT CANAL 84 (A 96.00 FOOT WIDE DRAINAGE RIGHT-OF-WAY) THENCE S89°35'02”W ALONG SAID NORTH RIGHT-OF-WAY, A DISTANCE OF 1293.14 FEET TO THE SOUTHEAST CORNER OF SAID SPACE COAST TOWN CENTRE EAST- PHASE I, THENCE N00°12'58”W ALONG THE EAST LINE OF SAID SPACE COAST TOWN CENTRE EAST-PHASE I A DISTANCE OF 1860.60 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED LANDS. SAID LANDS CONTAINING 44.72 ACRES OF LAND MORE OR LESS.

Section 3. The Comprehensive Plan of the City is hereby amended to establish a proper and appropriate future land use for the property described in Section 2 of this ordinance.

5I - 23 ORD NO. 2020-14 Page 3

PASSED AND ADOPTED by the City Council of the City of West Melbourne, Brevard County, Florida, this 2nd day of March, 2021.

______Hal J. Rose, Mayor

ATTEST:

______Reviewed as to form and content: Cynthia S. Hanscom, City Clerk

______Morris Richardson, City Attorney

1ST READING: December 15, 2020 2ND READING: March 2, 2021

Effective date: April 3, 2021

5I - 24 AGENDA ITEM

March 2, 2021 City Council

Approved for Submittal By:

______Scott Morgan, City Manager To Be Presented By:

Christy Fischer ______Christy Fischer, AICP, Planning Director

To: Honorable Mayor and Members of City Council

Through: Scott Morgan, City Manager

From: Christy Fischer, AICP, Planning Director

Date: March 2, 2021

SUBJECT

Proposed Rezoning of property located west of Interstate 95, off Brandywine Lane near US 192 from AU (Agricultural Use in Brevard County) to GTWY-I (Gateway Interchange).

RECOMMENDATION The Planning and Zoning Board recommended the following:

Approve the second reading of Ordinance Number 2020-15, rezoning property from AU to GTWY-I (Gateway Interchange) with the condition that the comprehensive plan map amendment (large scale) is approved.

FISCAL IMPACT

The funds for this advertisement of approximately $1250 comes from the applicant.

5J - 1 March 2, 2021 DISCUSSION PROPERTY ADDRESS –– located west APPLICANT/PROPERTY OWNER of Interstate 95, near the intersection Benjamin Hedrick, P.A, Akerman associates agent for Space Coast Town of Brandywine Lane and US 192 (SR Center 500) PUBLIC HEARING DATES – LOCATION RELATED TO SURROUNDINGS December 8, 2020 P&Z West of I-95 near the intersection of Brandywine Lane and US 192 December 15, 2020 City Council- transmittal March 2, 2021 City Council Adoption BRIEF SUMMARY OF REQUEST This case is about changing the zoning district on a portion of a property from Agricultural Use (AU) in the County to Gateway Interchange (GTWY-I) to allow a mixed use commercial and multi-family development on 44.72 acres as Space Coast part of the proposed Space Coast Town Center Town Center site development. The applicant is revising the master plan for the Space Coast Town Center as part of the development agreement revisions to include this acreage. The property that is subject to this rezoning is shown in red outline on the aerial map here. The rezoning and future land use designation assignment is contingent on the property being annexed.

APPROVE APPROVE WITH CONDITIONS DENY

COMPATIBILITY with the LAND DEVELOPMENT REGULATIONS The proposed use of commercial and multiple-family residential apartments is consistent with the GTWY-I Zoning District. The property size and dimensions conform to the criteria in the GTWY-I zoning district.

ATTACHMENTS SUBMITTED PLANS PUBLIC H EARING LEGAL NOTICE LEGAL DESCRIPTION (CIRCLE) PETITION/

Proposed zoning APPLICATION map FORM

Background Information:

This is a request by a property owner for the City to rezone a portion of property from AU (County zoning of Agricultural Use) to GTWY-I (Gateway Interchange). The following information has been compiled to assist the Board in making a recommendation concerning this request.

5J - 2 March 2, 2021 The applicant submitted a concept plan for the mixed use commercial and multi-family development (see Attachment 2), and this layout will become part of the binding master concept plan, illustrating the developer’s split of commercial versus multi-family residential uses.

Benjamin Akerman, PA., Akerman LLP, agent for Fulcher Lake Applicant Enterprises – Total 44.72 acres – Vacant land to be included with Owners/Acreage/Existing Use the Space Coast Town Center master plan Existing Zoning: AU (Agricultural Use County zoning) Proposed Zoning: GTWY-I (Gateway Interchange) Proposed Use: Future commercial and multi-family mixed use

The applicant desires to construct a mixed use commercial and multi-family residential development (See Concept Plan) on 44.72 acres of land. The following information has been compiled to assist the Board in making a recommendation concerning the rezoning request only. The applicant has chosen to add this property to his overall master development to the west known as Space Coast Town Center with a general layout of the buildings and uses shown in the concept plan which will be added to the development agreement. Minor changes and decreases are allowed but anything else may need re-approval by City Council.

Surrounding Properties:

Zoning District Direction Existing Use Jurisdiction (see attached maps) Vacant land in the Space Coast Town City of West GTWY-I (Gateway North Center master plan Melbourne Interchange) Single-Family Residential – Brevard County AU (Agricultural Use ) and South Brandywine Estates and agriculture PUD (Planned Unit Development) Interstate 95 and east of this is vacant FDOT right-of-way East land and West C-P (Commercial Parkway) Melbourne Vacant land in the Space Coast Town City of West GTWY-I (Gateway West Center master plan Melbourne Interchange)

Environmental Site Data:

Flood Zone: The property has some portions with Flood Zone “AE” as determined by the 100- year base flood elevation maps which means the buildings will have to be at a certain elevation and additional retention pond storage may be needed, or they can request a waiver to the Federal Emergency Management Administration (FEMA) if they meet the FEMA criteria.

5J - 3 March 2, 2021 Adequate Public Services/Facilities:

The impact of a possible development on water and sewer was analyzed as part of the large-scale future land use designation evaluation. There are no negative impacts to the City’s water or sewer facilities. School capacity has been analyzed since this has some residential development.

Staff Analysis:

The applicant is requesting to rezone the property as follows: Acreage/location Current Zoning Proposed Zoning 44.72 acres at the new AU (Agricultural Use) in unincorporated GTWY-I, Gateway Interchange interchange at St. John’s Brevard County Heritage Parkway and I- 95

Development Potential and Zoning Suitability:

The GTWY-I zoning designation is allowed under the City’s PI, Parkway Interchange mixed use land use designation for which the applicant is also requesting a large-scale comprehensive plan map amendment. The GTWY-I zoning is compatible with the land uses proposed to the west since non-residential uses, particularly light industrial is frequently used in proximity to arterials and highways and the larger employment centers. The developer has laid out the 44 acres so that the apartments will be abutting Brandywine Estates and the vacant land to the south with no direct access to Brandywine Lane. City staff is satisfied that joining this property with the Space Coast Town Center allows the site to be zoned GTWY- I.

The site is in an area where other properties along US 192 have the GTWY-I zoning and this continues the rezoning trend along the parkway to allow large parcels such as the subject parcel to have the flexibility of a mixture of uses. There is no doubt that the area next to the intersection node of the St. Johns Heritage Parkway and US 192 will develop. This development potential is strengthened because near this existing I-95 interchange, half a mile away is the new interchange of I-95 and limited access 4-lane arterial - St. Johns Heritage Parkway.

Based on the existing land use in the area (commercial on the east side of I-95, and mixed use to the west), and some vacant land to the south, the property is suitable for the GTWY-I zoning district. Once the rezoning is approved by City Council, any subsequent specific subdivision plans may have to undergo public hearings and the public would have an opportunity to discuss specific development layout. The property owner has immediate plans for creating a subdivision and selling the parcels to various developers and the subdivision process also affords citizens the ability to provide feedback.

City Codes (Zoning): A statement from the City’s GTWY-I zoning district describes the area and reads, “Sec. 98-840. - Intent (a) In 2015-2016, Brevard County constructed sections of the St. Johns Heritage Parkway from Malabar Road north to US 192 (SR 500, also known as West New Haven Avenue)

5J - 4 March 2, 2021 as a limited access arterial. The roadway is intended to provide another north-south route, in addition to the existing routes, for vehicular movement from South Brevard to Central Brevard. The properties that are adjacent to the St. Johns Heritage Parkway have negotiated limited access to specific access points on the parkway with Brevard County. This area is designated as Parkway Interchange on the city's future land use map in recognition of the probable future commercial character of the area.”

This paragraph reiterates what staff has stated in this report regarding the future commercial character of the area west of I-95 and the enhanced vehicular circulation in this area as consistent with this intent statement of the GTWY-I zoning district.

Consistency with the 2010 Comprehensive Plan:

The Large Scale Map Amendment staff report addresses the factors used to determine consistency of the future land use designation with the goals, objectives and policies in the Comprehensive Plan. These policies have been adequately met and the Florida Statute requirements for comprehensive plan amendments have been satisfied. It is reasonable to have a development pattern in a specific area that contains a variety of commercial and multi-family uses next to each other and these uses typically buffer less dense uses such as single family neighborhoods in urban environments.

Consistency with the Land Development Regulations (LDR):

Staff also reviews the request to determine if it is consistent with other LDRs.

Sec. 66-287 - Applications. Staff Comments - The submitted applications comply with the code requirements for their content and completeness.

Staff Comments - The GTWY-I zoning designation is allowed under the City’s PI future land use designation as long as the comprehensive plan map amendment is approved. This GTWY-I zoning accommodates an intense degree of development while maintaining a balance of open space, in a mixed use project. Sec. 98-846 – Performance standards. (GTWY-I, Gateway Interchange District) “(1) General provisions: a. The placement of the Gateway Interchange zoning district shall be consistent with the Parkway Interchange future land use policy which states that properties to have this zoning and future land use can only be at the intersection of the St. Johns Heritage Parkway and an arterial road, both of which must be within one-half mile to I-95. b. The minimum area for application of the GTWY-I zoning district shall be ten acres of a contiguous area located adjacent to arterial roads. c. The GTWY-I zoning district shall at a minimum contain three types of land use groups. d. No one land use group shall comprise more than 90 percent of a designated GTWY-I zoned area. e. All utilities, including telephone, television, electrical and other infrastructure shall be installed underground except for utility cabinets, lift stations or other devices that are required to be above ground.”

5J - 5 March 2, 2021 Staff Comments - The property to be rezoned meets the minimum project area and location requirements in the GTWY-I district and the performance standard. As mentioned previously, the property rezoning is consistent with the existing master plan for the Space Coast Town Center zoned GTWY-I along the St. Johns Heritage Parkway and flanking US 192/SR 500. Planning staff will review the revised development agreement once this is submitted. The table below describes GTWY-I uses as compared to the uses allowed in the existing AU zoning. Comparison of A-U and GTWY-I Zoning:

Comparison Feature AU (County zoning district) GTWY-I

Agricultural pursuits, dude ranches, fish camps, zoos, heliports, skateboard ramps, cell towers, foster Industrial, Institutional, Principle Uses homes, single-family dwelling including tiny houses, Commercial, Multi-family power substations

Maximum Intensity Not applicable 45% Minimum Lot Area 2.5 acres 43,560 SF Minimum Lot Width 150 feet 125 feet Minimum Lot Depth 150 feet 125 feet 354 feet for residential structures; 45 feet for 65 feet Maximum Height agricultural structures 120 feet for hotels Minimum Setbacks*: Front 125 feet 50 feet Side, Interior 50 feet 25 feet Side, Corner 25 feet 40 feet Rear 50 feet 30 feet

Staff Comments – Regarding the use table, as described under the row above labeled, “Principal Uses”, the AU and GTWY-I uses are vastly different. There is a large difference between the possible residential agricultural and industrial uses that the site could currently be developed as and the uses of a mixed-use project as generally described in the GTWY-I column. The 44.72-acre site exceeds the minimum lot depth, and lot width of the GTWY-I district and is therefore compliant with the code dimensions.

Public Notice – The rezoning request was advertised in November, 2020 in Florida Today and notices were mailed to property owners within 500 feet to advise them of these public hearings on the rezoning and future land use map amendment. As a result, some of the neighbors from Brandywine have contacted us and viewed the revised Space Coast Town Center plans which include this 44 acres. The second reading/adoption of the rezoning ordinance was advertised in Florida Today in February 2021.

There was also a letter of opposition sent to the City by Mr. Ferrell’s attorney since the lender to the Space Coast Town Center is Mr. Ferrell. The City Attorney will address this letter and the City’s action.

Previous Action – On December 8, 2020, the Planning and Zoning Board voted 4 to 0 to recommend to City Council to approve the rezoning with the condition that the annexation and large scale

5J - 6 March 2, 2021 comprehensive plan map amendment be approved, and that there be no driveway connection to Brandywine Lane. Numerous residents spoke at the Planning and Zoning Board meeting acknowledging the proposed development but against any connection to Brandywine Lane.

City Council conducted its public hearing on December 15, 2020 and voted to approve the first reading of the rezoning ordinance.

Important Concept Plan Change

As a result of the December 8, 2020 Planning and Zoning Board hearing, the developer has changed the concept plan to indicate no driveway connection to Brandywine Lane, instead relying on their own internal roadway system to the St. Johns Heritage Parkway and US 192 (see Attachment 3). Staff communicated this change to numerous citizens and staff received this revised concept plan on December 10, 2020.

Conclusion

The rezoning of this property would be compatible with the surrounding properties and is consistent with its integration with the large development of the “Space Coast Town Center”. The proposed development concept plan shown in the attached of commercial and multi-family uses is consistent with the promotion of mixed uses in the Gateway Interchange zoning district.

STAFF RECOMMENDATION

Approve the second reading of Ordinance Number 2020-15, the rezoning request from AU (Agricultural Use) to GTWY-I (Gateway Interchange) with the condition that the annexation and large-scale comprehensive plan map amendment are approved.

ATTACHMENTS

1. Zoning Maps 2. Concept Plan (will be part of the development agreement approval) 3. Applicant’s representative’s letter 4. Ordinance Number 2020-15

5J - 7 March 2, 2021 Attachment 1 Current Zoning Brevard County AU

C-P

Proposed Zoning

City of West Melbourne GTWY-I – Gateway Interchange

GTWY-I

5J - 8 March 2, 2021 ATTACHMENT 2 CONCEPT PLAN

FUTURE FUTURE FUTURE FUTURE FUTURE FUTURE

FUTURE

FUTURE FUTURE FUTURE FUTURE FUTURE FUTURE

FUTURE

FUTURE FUTURE

FUTURE PHASE I PHASE V

FUTURE FUTURE FUTURE

FUTURE FUTURE

FUTURE

FUTURE FUTURE FUTURE

FUTURE

FUTURE PHASE II FUTURE

Parcelization, building footprints and use locations are conceptual and illustrative only. Actual development under the concept plan is subject to market conditions and the city’s platting and site plan processes.

5J - 9 ATTACHMENT 3

Benjamin Hedrick

Akerman LLP akerman Three Brickell City Centre 98 Southeast Seventh Street Suite 1100 Miami, FL 33131 D: 305 982 5664 T: 305 374 5600 F: 305 374 5095 [email protected]

November 16, 2020

Via FedEx and Electronic Delivery Ms. Christy Fischer Director, Planning & Economic Development City of West Melbourne 2240 Minton Road West Melbourne, FL 32904

RE: Fulcher Lake Property - Rezoning Application

Dear Ms. Fischer:

Akennan LLP represents Fulcher Lake Enterprises, LLC ("Applicant"), the contract purchaser of the real property in unincorporated Brevard County known as Fulcher Lake ("Property"), identified on the enclosed legal description, vicinity map and survey. 1 The Property is owned by Fulcher ELF, LLC and Fulcher Realty Investments,LLLP, each of which has executed the owner's authorization pages included in the enclosed applications.

As a companion to the Applicant's related annexation and Comprehensive Plan amendment applications for the Property, the Applicant is respectfullyseeking a rezoning of the Property from the current Brevard County designation of AU Agricultural to the City of West Melbourne("City") designation of Gateway Interchange, for thepurposes of developing a mixed-use phased project. The proposed rezoning to Gateway Interchange is consistent with the Applicant's proposed Parkway Interchange future land use designation for the Property, as the City has previously detennined that development under the Gateway Interchange zoning district regulations is consistent with (and also necessary to be done under) the Parkway Interchange future land use category. Ultimately, the rezoning is necessary forthe Applicant to proceed withthe project.

The Property is also identified by Brevard Countytax folio nos. 28-36-03-00-751, 28-36-03-00-760, 28-36- 03-00-762.

5J - 10 Residential. It is located at the southwest comer ofthe intersection ofU.S. 192 with I-95, directly east of and abutting the Space Coast Town Center mixed-use project which was previously annexed into the City and approved by the City Council (and also has respective futureland use and zoning designations of Parkway Interchange and Gateway Interchange). The Property is currently vacant, except for limited cattle grazing at the southeast end. Current adjacent uses are as follows: (1) vacant and commercial to the north; (2) vacant and residential to the south; (3) I- 95 and commercial to the east; and (4) to the west, the siteof the approved Space Coast Town Center.

The Applicant's request that upon annexation the Property be rezoned to Gateway Interchange (with a corresponding Future Land Use Map designation of Parkway Interchange) is to allow a mixed-use development program currently proposed ofthe following: (I) up to 325,000 s.f. oflight industrial uses, 727 dwelling units and 162,000 s.f. of retail uses; or (2) alternatively, up to 450,000 s.f. oflight industrialuses, 642 dwelling units and 185,000 s.f. of retail uses. The project is a natural extension of the approved Space Coast Town Center project already under development directly to the west ofthe Property, and will contribute to the overall orderly, planned development of this portion of the City located west of I-95 in the St. Johns Heritage Parkway corridor. The Applicant is in the process ofpreparing a M�ster Development plan forthe Fulcher Lake Property in accordance with the Gateway Interchange regulations, and will be submitting that to the City in place ofa rezoning concept plan.

We look f01ward to continuing to work with you and your staffon this proposed rezoning. Please do not hesitate to contact us with any questions.

Sincerely,

Benjamin Hedrick

Enclosures

5J - 11 ORDINANCE NO. 2020-15

AN ORDINANCE OF THE CITY OF WEST MELBOURNE, BREVARD COUNTY, FLORIDA, REZONING A NEWLY ANNEXED 44.72 ACRE PARCEL OF LAND GENERALLY LOCATED ON THE SOUTH SIDE OF U.S. 192, WEST OF INTERSTATE 95, AND EAST OF ST. JOHNS HERITAGE PARKWAY, AND AS MORE FULLY DESCRIBED HEREIN, FROM BREVARD COUNTY AU (AGRICULTURAL RESIDENTIAL) TO CITY OF WEST MELBOURNE GTWY-I (GATEWAY INTERCHANGE DISTRICT); PROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED by the City Council of the City of West Melbourne, Brevard County, Florida, that:

Section 2. The property described more particularly as follows is hereby rezoned from Brevard County AU (Agricultural Residential) to City of West Melbourne GTWY-I (Gateway Interchange District):

44.72 acres – Parcel Identification Numbers 28-36-03-00-751, 28-36-03-00- 760, and 28-36-03-00-762

5J - 12 ORD NO. 2020-15 Page 2

THENCE S13°04'00”E, A DISTANCE OF 356.92 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1115.92 FEET, A CENTRAL ANGLE OF 6°46'26”; THENCE SOUTHERLY FOR AN ARC DISTANCE OF 131.93 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE S06°17'34”E, A DISTANCE OF 203.36 FEET TO THE POINT OF CURVATURE A NON-TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 3335.36 FEET, A CENTRAL ANGLE OF 19°53'38” AND A RADIAL BEARING OF N83°21'32”E; THENCE SOUTHERLY FOR AN ARC DISTANCE OF 1158.08 FEET TO THE NORTH RIGHT-OF-WAY LINE OF MELBOURNE TILLMAN DRAINAGE DISTRICT CANAL 84 (A 96.00 FOOT WIDE DRAINAGE RIGHT-OF-WAY) THENCE S89°35'02”W ALONG SAID NORTH RIGHT-OF-WAY, A DISTANCE OF 1293.14 FEET TO THE SOUTHEAST CORNER OF SAID SPACE COAST TOWN CENTRE EAST- PHASE I, THENCE N00°12'58”W ALONG THE EAST LINE OF SAID SPACE COAST TOWN CENTRE EAST-PHASE I A DISTANCE OF 1860.60 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED LANDS. SAID LANDS CONTAINING 44.72 ACRES OF LAND MORE OR LESS.

Section 3. That this Ordinance shall become effective simultaneously with the effectiveness of Ordinance No. 2020-14, amending the land use of the subject property.

PASSED AND ADOPTED by the City Council of the City of West Melbourne, Brevard County, Florida, this 2nd day of March, 2021.

ATTEST:

______Hal J. Rose, Mayor CYNTHIA HANSCOM, CITY CLERK

Reviewed as to form and content:

______Morris Richardson, City Attorney

1ST READING: December 15, 2020 2nd READING: March 2, 2021

5J - 13 MAYOR Hal J. Rose

CITY COUNCIL REGULAR MEETING

MINUTES

February 16, 2021

1. CALL TO ORDER

Mayor Rose called the meeting to order at 6:30 p.m.

2. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENT MEDITATION

Mayor Rose led the Pledge of Allegiance followed by a moment of silence.

3. ROLL CALL

Attending: Mayor Hal Rose, Deputy Mayor John Dittmore, and Council Members Pat Bentley, Andrea Young, Daniel Batcheldor, Stephen Phrampus, and Daniel McDow.

Also present: City Manager Scott Morgan, City Attorney Morris Richardson, Police Chief Rick Wiley, Information Technology Director Tom Bradford, Planning Director Christy Fischer, Jacobs Project Manager Brian Mascher, City Clerk Cynthia Hanscom, and members of the public.

Attending Remotely: Deputy City Manager Keith Mills, Finance Director Margi Starkey, and Human Resource Director Kimberly Gale.

4. PRESENTATIONS/PROCLAMATIONS/INTRODUCTIONS

New Employee Introduction. Police Chief Wiley introduced Police Officer David Rausch, who started with the City on February 5, 2021.

Proclamation for Bleeding Disorder Awareness Month. Mayor Rose presented a proclamation to Samantha Nazario, Ambassador for the Bleeding Disorders Coalition of Florida, proclaiming March as Bleeding Disorder Awareness Month.

7A - 1 Regular City Council Minutes February 16, 2021 Page 2

5. PUBLIC HEARINGS

Amendment to the Election Code. City Clerk Hanscom presented the second reading of Ordinance No. 2021-07 which would amend Chapter 22 of the City’s code to reflect changes made to the City’s charter by referendum in the November 2020 election. This change reflects language that is duplicated and would need to be amended so that there is no conflict.

City Attorney Richardson read Ordinance No. 2021-07 in title only:

ORDINANCE NO. 2021-07

AN ORDINANCE OF THE CITY OF WEST MELBOURNE, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 22, ELECTIONS, SECTION 22.2. CANDIDATE QUALIFICATIONS PERIOD, TO REFLECT CHANGES MADE BY THE ELECTORS IN THE NOVEMBER 2020 ELECTION; PROVIDING FOR INCLUSION IN THE CODE, SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE.

Mayor Rose opened the public hearing. There being no comments, he closed the public hearing.

Council Member Bentley moved to approve the second reading of Ordinance No. 2021- 07 conforming the election code to the amended Charter. Council Member Phrampus seconded the motion, which passed unanimously.

Allow Gas Stations in the Gateway Interchange Zoning District. Planning Director Fischer presented the first reading of Ordinance No. 2021-08, changing the Gateway Interchange zoning district to allow gas stations with limited placement and performance criteria, which would apply to all areas that are zoned Gateway Interchange. She explained this was requested by the developer of the Space Coast Town Center. She provided a history of the Gateway Interchange district explaining why gas stations were not originally included in 2016. She said that City staff has suggested that gas stations be allowed by conditional use. She reviewed what is being done in other local governments with multi-use districts. The Planning and Zoning Board met on February 10 and approved the amendment and asked that Council consider asking for a feature that contains art in public places.

City Attorney Richardson read Ordinance No. 2021-08 in title only:

ORDINANCE NO. 2021-08

7A - 2 Regular City Council Minutes February 16, 2021 Page 3

PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.

Mayor Rose opened the public hearing. There being no comments, he closed the public hearing.

Council Member Phrampus asked about the development on all four corners of the intersection of U.S. 192 and St. Johns Heritage Parkway and the possibility of annexation of the one property that was not in the City. City Attorney Richardson commented that the policy of the City Council has been to have voluntary annexations.

Council Member Bentley stated the City had originally made a point of not allowing service stations in that zoning district. Planning Director Fischer agreed but stated that there had not been a full analysis on the impact of a gas station when the district was originally created. Since there was agreement among the Council, there did not appear to be a need for more dialogue on the issue of including service stations. Council Member Bentley commented there were already too many gas stations with four service stations within a quarter mile.

Council Member Bentley asked about access to municipal utilities. City Manager Morgan explained that all four corners of the St. Johns Heritage Parkway and U.S. 192 had access to City utilities and three of them were in the City of West Melbourne.

Deputy Mayor Dittmore asked if the proposal could be amended to allow only one service station. Therefore, the maximum that could be developed at the U.S. 192/St. Johns Heritage Parkway intersection would be two gas stations. City Attorney Richardson reminded Council that the proposed change would modify the Gateway Interchange zoning district and was not specific to one property. Deputy Mayor Dittmore suggested that the language could state that there could be no more than two gas stations at any four-way intersection.

Council Member Young commented that limiting gas stations or convenience stores to the eastside of I-95 along U.S. 192 would provide no relief to an area that is already congested.

Council Member Batcheldor commented that adding gas stations was inconsistent with what was envisioned for this area. The intended location of the gas station would create turning conflicts. He stated that it may be better to encourage a gas station west of St. Johns Heritage Parkway. Planning Director Fischer noted that the code could not be site specific.

Council Member McDow questioned on what options there would be for this area. He understood that there was congestion in the area.

Mayor Rose commented that the Space Coast Town Center was a gateway to West Melbourne and it was something that should be attractive. He asked if gas stations were allowed in other mixed use zones. Planning Director Fischer stated that six of the ten mixed use districts in other municipalities allowed gas stations.

7A - 3 Regular City Council Minutes February 16, 2021 Page 4

Council Member Phrampus stated he had driven through the area and agreed that drivers using I-95 would currently have to go east for a gas station. He stated that it would be more beneficial to have the gas station along St. Johns Heritage Parkway. He suggested that this be allowed but restricted by a development agreement to be located along St. Johns Heritage Parkway.

Council Member Phrampus stated that the Planning and Zoning Board made a change regarding store front windows, which was not shown in the ordinance. City Attorney Richardson explained that the ordinance was advertised for public hearing and the Planning and Zoning Board recommended the change. The ordinance shown before Council reflects those recommended changes. The City Council would need to make that change between first and second reading. He noted that the title of the ordinance was broad enough that it would not need to be changed.

Council Member Phrampus said he liked the artwork at Cumberland Farms but felt it was out of place, and suggested that it be included in the green space area as part of the total development.

Edgar Jones, principal for the Space Coast Town Center development, spoke on the magnitude of the project and noted that this property was not the only property located west of I-95. He noted that having a service station at the intersection of St. Johns Heritage Parkway was not the statement they hoped this development would make to the community. He reminded Council that their original request had only asked for one gas station.

Council discussed the proposed location of the gas station and the developers design to not have it located at the main intersection of U.S. 192 and St. Johns Heritage Parkway. Council Member Batcheldor stated that he would prefer to see an amendment to the master plan showing the location of the gas station prior to approving the zoning change.

Mayor Rose asked if they could limit the number of gas pumps. Planning Director Fischer stated that it could not be limited. Mayor Rose encouraged placement of charging station. City Attorney Richardson noted that this would be better stated in the master plan and may not be located on the lot proposed for a service station. Mayor Rose commented that he would like to see criteria added for architectural design.

Council Member Bentley moved to approve the first reading of Ordinance No. 2021-08, changing the Gateway Interchange zoning district to allow gas stations with placement and performance criteria and limiting to one gas station. Council Member Young seconded the motion, which passed 6-1, with Council Member Batcheldor opposed.

Second Revised West Melbourne Interchange Center Traffic Impact Fee Agreement. Planning Director Fischer presented the Second Amendment to the Traffic Impact Fee Credit Agreement between Brevard County, the City of West Melbourne, and Benchmark Melbourne 35 Associates to allow the square footage retail conversion table to be revised for a day care use. She provided a background of the agreement for

7A - 4 Regular City Council Minutes February 16, 2021 Page 5

the property along Hollywood Boulevard, just north of Palm Bay Road. She noted that the first amendment had been made in 2018 to add the trip conversion category for hotels. The revision before Council tonight would provide for trip equivalency for day care use. She noted that the added use would not change the 5,483 daily trips.

Mayor Rose asked about the gas station on the corner of Palm Bay Road and Hollywood Boulevard. Planning Director Fischer stated that it is not included with the parcel. The commercial uses along Palm Bay Road were not part of the original subdivision proposal.

Robert Robb, civil engineer for the West Melbourne Interchange Center, explained what was being proposed for the different parcels, including a hotel and day care center. He noted the hotel had already been permitted. The other undeveloped areas did not have tenants proposed. He explained that the original proposal was for a shopping center.

Mayor Rose asked if there would be any future traffic improvements proposed. Mr. Robb stated the improvements along Hollywood Boulevard have been completed according to the County’s request. Planning Director Fischer noted that if the number of trips proposed went beyond the 5,400 trips, there could be traffic improvements required.

Deputy Mayor Dittmore moved to approve the Second Amendment to the Traffic Impact Fee Credit Agreement between Brevard County, the City of West Melbourne, and Benchmark Melbourne 35 Associates to allow the square footage retail conversion table to be revised for a day care use. Council Member Phrampus seconded the motion, which passed unanimously.

6. PUBLIC FORUM

There were no comments made during the public forum.

7. CONSENT AGENDA

Council Member Batcheldor moved to approve the following consent agenda. Deputy Mayor Dittmore seconded the motion, which passed unanimously.

• Approve the Regular City Council meeting minutes for February 2, 2021.

• Adopt Resolution No. 2021-08 opposing the preemption of local government regulation of the construction of energy infrastructure, and the prohibition of local governments from implementing restrictions on changes to energy infrastructure, as proposed by Senate Bill 856.

• Adopt Resolution No. 2021-09 opposing the elimination of statutory authorization for regional planning councils in Florida, as proposed by Senate Bill 62.

7A - 5 Regular City Council Minutes February 16, 2021 Page 6

8. ACTION AGENDA

Florida Department of Environmental Protection Grant Agreement. Deputy City Manager Mills presented the grant agreement for a stormwater project at the treatment plant. The project proposed would improve draining to the Crane Creek district and improve the water quality. This would be the third and final agreement for this project, which had an estimated cost of $1.47 million. There would be $485,000 from St. Johns River Water Management District and $160,000 from the Indian River Lagoon. The balance for the project would be paid by the City which may be covered through the sale of fill dirt.

Deputy Mayor Dittmore moved to accept the $750,000 grant agreement with the Florida Department of Environmental Protection for constructing stormwater improvements at the Ray Bullard Water Reclamation Facility, and authorize the City Manager to execute the grant agreement on behalf of the City. Council Member Bentley seconded the motion.

Mayor Rose asked how the fill dirt would be sold. Deputy City Manager Mills believed that there would not be any issues as all developers would be interested in purchasing the fill dirt.

Mayor Rose asked when the project would get started. Deputy City Manager Mills stated that he hoped to go out to bid in April or May. He expected the project to be finished in the spring of next year.

Council then voted on the motion, which passed unanimously.

Extension of Agreement for Solid Waste, Recyclable Materials, and Yard Waste Collection, Processing and Disposal Services with Waste Management Inc. of Florida. City Attorney Richardson presented a proposal to consider the expiring agreement with Waste Management for solid waste collection in the City. The current contract expires September 30, 2021, with an option for an extension of two years.

City Attorney Richardson commented that he believed the City had been able to negotiate a fair and favorable agreement with a negotiated contract extension in 2018. Recent experience has shown that governments are seeing significant price increases for trash collection and the City was in a favorable position. He provided a list of cost information for commercial rates for other municipalities in the County, noting that the average increase according to the CPI in the south region was about 1.8 percent.

Deputy Mayor Dittmore moved to direct the City Manager to exercise the City’s contractual option to extend the term of the Agreement for an additional period of two years, until September 30, 2023. Council Member Bentley seconded the motion.

Council Member Bentley asked if this could be extended past the two years. Dina Reider-Hicks, Public Affairs Manager with Waste Management, stated that they could not answer that tonight but felt it was a good analysis of the shift industry wide over the

7A - 6 Regular City Council Minutes February 16, 2021 Page 7

last three years. In many cases, the cost increase for collection was related to changes in global recycling and processing.

Mayor Rose asked about recycling and Ms. Reider-Hicks explained that they were continuing to accept glass in single stream but some municipalities had eliminated glass because the glass chards contaminate other products such as cardboard. There is a cost to Waste Management to have the glass hauled away. She stated the biggest contaminant to the recycling was the plastic bags, which do not belong,

Mayor Rose asked about the delays because of the pandemic. Ms. Reider-Hicks stated that COVID-19 had caused some issues with staffing but they were making it work. Most of the office workers continued to work from home.

Council then voted on the motion to direct the City Manager to exercise the City’s contractual option to extend the term of the Agreement, which passed unanimously.

Resolution Accepting County Rights-of-Way. City Manager Morgan presented a resolution to accept several rights-of-way from the County. One was for Fell Road between Minton Road and the County’s Max K. Rodes Park. The right-of-way would allow the City to complete a water main loop as part of the improvements to the circulation in advance of the water plant. The resolution would also accept the rights-of- way for Meadowlane Avenue south of U.S. 192 and Helen Street between Meadowlane Avenue and Minton Road. This right-of-way would be used for a sewer force main replacement.

Council Member Phrampus asked about the negative costs for accepting the rights-of- way. City Manager Morgan stated the City would assume the maintenance of the rights-of-way. He stated that Fell Road was in good shape and did not expect maintenance for 10 years. For Helen Road and Meadowlane Avenue, the base is good and would only need to be micro-sealed.

Mayor Rose noted that there had been some issues with the gas station and possible contamination to the area along U.S. 192. City Manager Morgan stated that both Melbourne and West Melbourne have water mains in the area but the area of concern was east of the right-of-way.

Deputy Mayor Dittmore moved to adopt Resolution No. 2021-07 accepting from Brevard County the roadway and roadway drainage swale right-of-way for Fell Road between Minton Road and Max K. Rodes Park, and the roadway and roadway drainage swale rights-of-way for Meadowlane Avenue south of U.S. 192 and Helen Street between Minton Road and Meadowlane Avenue. Council Member Batcheldor seconded the motion, which passed unanimously.

Proposed Action Strategies to Implement City Council Vision and Goals. City Manager Morgan presented a summary of the action strategies as proposed by City Council at the December 6 strategic planning workshop. The consultant had presented his report in January and an outline of the strategies had been distributed to the City

7A - 7 Regular City Council Minutes February 16, 2021 Page 8

staff for the development of action strategies. Attached to the agenda was a three-year look ahead that would be used by Council for their budget review.

Council Member Phrampus suggested the word “future” be removed from the vision statement.

Council Member McDow commented that he was glad to see that there were sustainability strategies imbedded in the actions.

Council Member Bentley stated that he liked the process that the Council followed for the budget process and would not want this to change.

Mayor Rose reviewed several items on the list and noted there may not be agreement to move forward with some of the actions shown in the report. Council Member Batcheldor stated that his interpretation was that this was to be used as a guide and was not a commitment to funds. Mayor Rose agreed and stated that there may be other items added during the budget process.

Council Member Batcheldor agreed that the word “future” should be removed from the vision statement and suggested that the statement that was reviewed at the December 6 meeting be used, which stated: “The City of West Melbourne is committed to being a vibrant, growing, and caring community that continually seeks excellence for residents. Our vision is to grow West Melbourne into the Space Coast’s premier location for homes, careers, and families.”

Council Member Young stated there was a great deal of work that had gone into preparing the strategies. She agreed that it should be used as a guide.

Deputy Mayor Dittmore moved to amend the vision statement as suggested by Council Member Batcheldor and use the action strategies as a guideline in the budget workshops. Council Member McDow seconded the motion.

Upon further discussion, the motion was withdrawn and the following motion was made.

Deputy Mayor Dittmore moved to amend the vision statement as suggested by Council Member Batcheldor to: “The City of West Melbourne is committed to being a vibrant, growing, and caring community that continually seeks excellence for residents. Our vision is to grow West Melbourne into the Space Coast’s premier location for homes, careers, and families.” Council Member McDow seconded the motion, which passed unanimously.

Mayor Rose stated that they should bring this back in the budget process and see if there were items that should be added or removed.

7A - 8 Regular City Council Minutes February 16, 2021 Page 9

9. MANAGEMENT REPORTS

2020 Police Department Annual Report. Police Chief Wiley presented the 2020 Police Department Annual Report. Council raised questions regarding position control for School Resource Officers, use of Narcan, update on the new BMW motorcycles and the motor patrol unit, training for officers, crime statistics and mapping, and task force officers.

10. CITY COUNCIL REPORTS

Council Member McDow reported he had attended several different committee meetings including a ground water study, the Palm Bay Chamber luncheon and several others. He thanked the City Attorney for sending out information on the human relations ordinance and recommended that the City remain engaged but did not believe a special ordinance was necessary at this time. He noted that of the 17 goals set by the United Nations, the 11th goal dealt with sustainability issues for cities and communities. He reported he would be attending the Business Advisory Board meeting on Monday.

Council Member Phrampus and Council Member Batcheldor had no report.

Deputy Mayor Dittmore thanked that staff on the problems associated with the 7600 block of Coral Drive and noted that the condition of the street does not represent the standards for West Melbourne.

Council Member Bentley reported he had attended the Palm Bay Chamber luncheon and reported on several items from the presentation from the CEO of Florida Power & Light.

Council Member Young apprised Council on the Transportation Planning Organization and reminded everyone of the meeting scheduled for the following evening on an update on the Minton Road Feasibility Study. She stated that updated information had been sent to Council Members on the Florida Department of Transportation Five-Year Plan, which included the widening of Ellis Road and adding a turn lane at the U.S. 192/Hollywood Boulevard intersection. She encouraged Council to read Senate Bill 856, which would be devastating to the cities. She was also working to update the Tourist Development Council’s website to include restaurants in West Melbourne.

Mayor Rose reported on several meetings he had attend including the Palm Bay Chamber luncheon and the Economic Development Commission. He stated the opening for the Mayors’ Fitness Challenge had occurred the previous Saturday and encouraged all participants to enter their minutes of activity every week. He noted that the update to the Minton Road Feasibility Study would be the following day and expressed concerns with the proposed reduction in the width of the travel lanes. He also commented on the condition of the road surface for Doherty Drive and that a signalized intersection was needed at Doherty Drive/Henry Avenue. Mayor Rose also questioned the closure of the splash pad for maintenance and the extension of the park hours once daylight savings time ends.

7A - 9 Regular City Council Minutes February 16, 2021 Page 10

11. ADJOURNMENT

There being no further business, the meeting adjourned at 10:31 p.m.

______Hal J. Rose, Mayor

______Cynthia Hanscom, City Clerk

7A - 10 AGENDA ITEM

March 2, 2021, City Council Meeting

Approved for Submittal By:

______Scott Morgan, City Manager To Be Presented By:

______Mark Piccirillo Mark Piccirillo, Director of Public Works

To: Honorable Mayor and Members of the West Melbourne City Council

Through: Scott Morgan, City Manager

From: Mark Piccirillo, Director of Public Works

Date: March 2, 2021

SUBJECT

Street Sweeping Services

RECOMMENDATION

The Director of Public Works recommends that City Council:

Approve and award the contract to USA Services of Florida, Inc., in the amount of $34,020.00

FISCAL IMPACT

Fiscal year 2021-2022, $ 36,000.00 is the budgeted amount for the service for street sweeping.

7B - 1 March 2, 2021 DISCUSSION

On January 19, 2021, the City put out a Bid Solicitation for Street Sweeping Service to require 105 curb lane miles of roadway, twelve (12) months a year during the contract term and as requested by the City. This contract provides that it may be renewed for up to three (3) additional one (1) year terms. The current contract is expiring on April 01, 2021, which we have with USA Services of Florida, Inc. and have been providing this service for the City since 2016.

The City received four bid proposals for this service:

AERO Groundtek $41,325.00 Star Cleaning USA Inc. $69,759.30 Pete’s Land Clearing $42,840.00 USA Services of Florida, Inc $34,020.00

RECOMMENDED BID…………………………………………….$34,020.00

ATTACHMENTS

1. Bid Solicitation 2. Bid Summary 3. Aero Groundtek Bid Documents 4. Star Cleaning USA, Inc. Bid Documents 5. Pete’s Land Clearing Bid Documents 6. USA Services of Florida, Inc. Bid Documents

7B - 2 March 2, 2021 ATTACHMENT 1

BID SOLICITATION

Street Sweeping Service

January 19, 2021

7B - 3 Contents

BID SOLICITATION ...... ii

CONTRACT SOLICITATION AND AWARD SCHEDULE ...... ix

REQUIRED FORMS FOR BID SUBMITTAL ...... x

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER ...... xi SCRUTINIZED COMPANY CERTIFICATION FORM…………………………………………………...xii

7B - 4 BID SOLICITATION FOR STREET SWEEPING SERVICE BIDS CITY OF WEST MELBOURNE

The City of West Melbourne requests submittal of bid proposals for the STREET SWEEPING SERVICE. The contractor shall furnish all labor, materials, equipment, tools, transportation, service and incidentals to perform all work necessary to provide the City with street sweeping service on approximately one hundred and five (105) curb lane miles of roadway in the City of West Melbourne. The services shall be performed for the entire curb lane mile length, and twelve (12) times during the contract term and as requested by the City. This contract provides that the contract may be renewed for up to three (3) additional one (1) year terms.

Sweeping times are limited to Monday through Friday during daylight hours. No sweeping will be done on holidays. Sweeping shall be done in the direction of normal traffic flow. No sweeping will be done during heavy rainfall or other extreme conditions as may be designated by the City. Roads may be added or deleted by the City.

The Contractor shall submit a proposed sweeping schedule for each of the twelve (12) times during the contract term and as requested by the City prior to commencement of services.

EQUIPMENT: The street sweeping vehicle shall have, at a minimum, a four (4) cubic foot debris hopper and be manufactured for municipal street sweeping. The sweeper shall be equipped with a dust control system, noise, attenuation, mounted amber/white flashing lights, rear traffic arrow, must meet the standards set forth in the Manual for Uniform Traffic Control Devices (MUTD) and FDOT Index 600, be registered and insured under the laws of the State of Florida. Each sweeper shall be fitted with a water meter at the Contractors expense, read on a monthly basis, with water consumption billed to the Contractor. Back-up support equipment with the above specifications must be available in case of equipment downtime or service.

DEBRIS HAULING AND DISPOSAL:

i. The Contractor shall be responsible for the disposal and hauling of all debris collected under this contract. ii. Disposal shall be in accordance with all Federal, State and Local regulations in effect at the time of disposal. iii. The contractor shall be capable of measuring the debris collected from the street sweeping in cubic yards and provide that information to the City with each invoice. iv. A weight ticket of the street sweepings shall be requested by the Contractor and provided to the City at the time of disposal at a facility.

DEBRIS MEASURING/SAMPLING: The Contractor shall be responsible for providing the amount of debris collected from street sweeping operations.

i. The Contractor shall be capable of measuring the amount of debris collected in cubic yards on each day swept.

7B - 5 ii. The total amount of debris swept each day must be logged in a spread sheet which shall include:

DEBRIS MILES DAY DATE COLLECTED SWEPT (cy)

REPORTING: Streets judged unacceptable by the Public Works Department shall be re-swept at no additional cost to the City. The Contractor shall have a supervisor available by telephone, cell phone, email, or text so that communications can be conducted during normal business hours.

i. The Contractor shall provide with each invoice the back-up data sheet(s) to corroborate the quantities removed. ii. The spread sheet must be updated daily and must be submitted monthly with the invoice. Invoices without the amount of debris collected will not be authorized for payment. No partial payments will be authorized. iii. The Contractor when performing street sweeping operations must submit daily the GPS log report (spread sheet) with the date, starting and ending time, time during sweeping, driver name equipment ID used, status, location (street name), longitude, latitude, truck speed, and miles. The Contractor shall also submit the daily curb mileage log that includes the name of the streets that were swept and the total mileage swept each day. This can be part of the GPS log report. iv. When debris is disposed of at a facility, the weight tickets must be submitted accordingly with the invoice for that period. v. Daily quantities for the street sweeping shall be reported in cubic yards for each day of sweeping for that month. The monthly quantity from the weight tickets shall be shown accordingly on the invoice.

EMERGENCY RATE: Emergency calls shall be considered any calls that divert the Contractor from original work schedule during regular business hours, or calls placed after 5 p.m. When emergency sweeping is required it may be charged at a special rate as specified on the Bid Price Sheet. Emergency street sweeping shall result from man-made events, hurricanes, storms or other disasters. Emergency response time for Contractor to arrive on site is within four (4) hours of verbal notification. Emergency rate shall be calculated based on an hourly rate with a minimum of four (4) hours guaranteed. The weight of dirt/debris in cubic yards (cy) removed from the location, shall be monitored and reported to the City.

iii

7B - 6 BID FORM PRICE SHEET

COST FOR THE ONE YEAR PERIOD APRIL 1, 2021 THROUGH MARCH 31, 2022:

Lump sum cost per month for complete sweeping of all streets $

Additional cost per curb mile for added streets $

Additional cost for unscheduled complete sweep $

Street sweeping emergency rate per hour $

TOTAL ANNUAL BASED BID $

Company Name Bidding

7B - 7 TO OBTAIN BID DOCUMENTS: The bid documents are available for download on DemandStar’s website at www.demandstar.com or by calling 1-800-711-1712.

Date Issued: January 19, 2021

Submit bid offer to: Mark Piccirillo, Public Works Director City of West Melbourne 1415 Henry Avenue West Melbourne, Florida 32904

Solicitation

Sealed offers, originals, for furnishing the services, supplies or equipment described herein will be accepted at the City of West Melbourne, Mark Piccirillo Public Works Director, 1415 Henry Avenue, West Melbourne, Florida 32904 until 2:00 p.m. on Tuesday, February 16, 2021. Under no circumstances shall any bid offer be accepted after the above-stipulated date and time. All bids will be stamped as to the date and time the bid was submitted. The date and time stamp shall be used to determine the timely basis of all bids. This is an advertised solicitation and the offers will be publicly opened at West Melbourne Public Works located at 1415 Henry Avenue, West Melbourne, Florida 32904 on Tuesday, February 16 , 2021 at 2:15 p.m.

7B - 8 SOLICITATION INSTRUCTIONS AND CONDITIONS

1. The term “CITY” used herein refers to the CITY COUNCIL OF THE CITY OF WEST MELBOURNE, BREVARD COUNTY, FLORIDA, or its duly authorized representative.

2. The term “BIDDER” used herein refers to the dealer/manufacturer/business organization submitting a bid to the CITY in response to this solicitation.

3. The term “VENDOR” used herein refers to a BIDDER awarded a contract by the CITY for the furnishing of goods or services to the CITY.

4. BIDDERS are expected to make all investigations necessary to thoroughly inform themselves regarding all drawings, specifications, delivery requirements, performance requirements, site locations and all solicitation instructions to satisfy themselves of conditions affecting submission of their bid and the terms and cost of performing the contract. No plea of ignorance by the BIDDER of conditions that exist or may hereafter exist as a result of failure or omission on the part of the BIDDER to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the contract documents, will be accepted as a basis for varying the requirements of the CITY or the compensation to the BIDDER.

5. No Material, labor or facilities will be furnished by the CITY unless specifically stated.

6. The BIDDER hereby attests and agrees by affixing his signature to this proposal that: “BIDDER certifies that his bid is made without previous understanding, agreement or connection with any person, firm or corporation making or considering the making of a bid for the same items or service and is all respects fair, without outside control, collusion, fraud or otherwise illegal action.”

7. The BIDDER warrants that the prices of the items set forth herein do not exceed those charged by the BIDDER to any customer purchasing the same item in like or comparable quantities.

8. The BIDDER warrants that the prices of the items set forth herein do not exceed the prices charged by the BIDDER under a contract with the STATE OF FLORIDA or any of its agencies.

9. The BIDDER agrees that the supplies and services furnished under this award shall be covered by the most favorable commercial warranties the BIDDER gives to any customer for comparable quantities of such supplies or services and that the rights and remedies provided herein are in addition to and do no limit any rights afforded to the CITY by any other provision of this award.

10. Bids shall be submitted in sealed envelopes addressed as noted on the front page of this solicitation. The name and address of the BIDDER, the date and hour of the bid opening and the goods or service bid on shall be placed on the outside of the envelope. Bids not properly identified may be rejected. No responsibility shall attach to the City of West Melbourne, the Public Works Director, or any official or employee thereof for the pre-opening of, post-opening of, or failure to open, a bid not properly addressed and identified.

7B - 9 11. Blank spaces in the bid must be properly filled in and the phraseology of the bid must not be changed. Additions must not be made to items mentioned therein and any unauthorized conditions, limiting any provisions, attached to a bid shall render it irregular and may cause its reject.

12. The responsibility for delivering the bid to the CITY on or before the stated time and date will be solely and strictly the responsibility of the BIDDER. The CITY will be in no way responsible for delays caused by the U.S. Postal Service, any courier system, or any other occurrence.

13. Bids and modifications received after the time set for the receipt of sealed bids will not be considered. Such bids will be returned unopened.

14. Modifications in writing received prior to the time set for the receipt of sealed bids will be accepted. Such modifications must be submitted in a sealed envelope and marked accordingly.

15. Bids must be submitted on and in the forms specified. Telegraphic, emailed, or facsimile bids will not be considered. 16. A BIDDER may withdraw his proposal provided the request is made in writing and delivered either in person or by priority mail to the City of West Melbourne, Mark Piccirillo, Public Works Director, 1415 Henry Avenue, West Melbourne, Florida 32904, not less than one (1) hour prior to the time set for opening of bids. Bids may not be withdrawn after the time noted above and for the period of time after the opening of bids as stated in the terms, conditions and specifications of this solicitation.

17. The CITY reserves the privilege of auditing a vendor’s records, by a representative of the CITY, as such records relate to purchases between the CITY and said vendor. Such records include, but are limited to: all books, records and memoranda of every description pertaining to work under contract and further, the CITY reserves the right to reproduce any of the aforementioned documents.

18. The contract shall be awarded to that responsible BIDDER whose offer will be most advantageous to the CITY, price and other factors considered.

19. The CITY must accept any separate item or group of items of any offer, unless the BIDDER qualifies his offer by specific limitations or the specific terms and conditions included herein indicate that bids will be accepted on an all or nothing basis.

20. The CITY reserves the right to reject any or all offers and to waive minor informalities and irregularities in offers received, in accordance with the City of West Melbourne Purchasing Ordinance.

21. Inspection and acceptance of the supplies/services purchased herein will be accomplished at the designated delivery point by a duly authorized representative of the CITY.

22. Any and all Terms, Conditions and/or Specifications which vary from the Solicitation Instructions and Conditions shall have precedence.

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7B - 10 23. The BIDDER shall submit proof of the following:

(a) Bid Form (b) Non-Collusion Affidavit of Prime Bidder (c) Scrutinized Company Certification Form

Finalized Performance and Payment bonds are to be provided to the City following selection of a lowest responsive bidder for bid award by the City.

24. Any requests for clarification regarding this bid are to be sent via email to Mark Piccirillo Public Works Director, [email protected]; Sean Morrisson Streets and Drainage Supervisor, [email protected]; and Heather Salter Coordinator, Public Works, [email protected] before 3:30 p.m. on February 2, 2021.

IF A TABULATION OF BIDS IS DESIRED ENCLOSE A SELF-ADDRESSED STAMPED ENVELOPE WHEN SUBMITTING BID. TABULATIONS WILL NOT BE TRANSMITTED BY FACSIMILE.

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7B - 11 CONTRACT SOLICITATION AND AWARD SCHEDULE STREET SWEEPING SERVICE

Milestone Date Time

First Advertisement Tuesday, January 19, 2021 5:00 PM

Deadline for Receipt of Emailed Questions Tuesday, February 2, 2021 3:30 PM

Final Date for Issuance of any Response to any Emailed Questions Friday, February 9, 2021 3:30 PM

Deadline for Submission of Tuesday, February 16, 2021 2:00 PM Sealed Bids

Opening of Sealed Bids Tuesday, February 16, 2021 2:15 PM

Recommendation to City Council for Tuesday, March 2, 2021 6:30 PM Selected Bidder and Award of Contract

7B - 12 REQUIRED FORMS FOR BID SUBMITTAL

7B - 13 NON‐COLLUSION AFFIDAVIT OF PRIME BIDDER

State of (______)

County of (______)

______, being duly sworn, deposes and says that:

1. He/She is ______of ______, the Bidder that has submitted the attached bid; 2. He/She is informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3. Such bid is genuine and is not a collusive or sham bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham bid in connection with the contract for which the attached bid has been submitted or to refrain from proposing in connection with such contract, or has in any manner, directly or indirectly, sought by contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City Council Members of the City of West Melbourne, Florida, or any person interested in the contract; and 5. The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion conspiracy connivance or unlawful agreement on the part of the bidder or any of his agents, representatives, owners, employees, or parties of interest, including affiant.

______Signature

______Printed Name

______Title

SWORN AND SUBSCRIBED before me this ______day of ______, 20____ by

______who is personally known to me or who

produced ______as identification, and an oath was taken.

______Notary Public

Commission #: ______My commission expires: ______

7B - 14 Scrutinized Company Certification Form

Company Name:

Authorized Representative Name and Title:

Address: City: State: ZIP:

Phone Number: Email Address:

A company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with the City of West Melbourne for goods or services of any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Florida Statutes, section 215.4725, or is engaged in a boycott of Israel. A company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with the City of West Melbourne for goods or services of $1 million or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Florida Statutes, section 215.473, or with companies engaged in business operations in Cuba or Syria.

CHOOSE ONE OF THE FOLLOWING This bid, proposal, contract or contract renewal is for goods or services of less than $1 million. As the person authorized to sign on behalf of the above‐named company, and as required by Florida Statutes, section 287.135(5), I hereby certify that the abovenamed company is not participating in a boycott of Israel. This bid, proposal, contract or contract renewal is for goods or services of $1 million or more. As the person authorized to sign on behalf of the above‐named company, and as required by Florida Statutes, section 287.135(5), I hereby certify that the above-named company is not participating in a boycott of Israel, is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and it does not have business operations in Cuba or Syria.

I understand that pursuant to Florida Statutes, section 287.135, the submission of a false certification may result in the termination of the contract if one is entered into, and may subject the above‐named company to civil penalties, attorney's fees and costs. Certified By: AUTHORIZED REPRESENTATIVE SIGNATURE

Print Name and Title:

Date Certified:

xii

7B - 15 Column1 Column2 Column3 Column4 Column5 Column6 Column7 Column8 Column9 STREET FROM TO WIDTH LF CUL-DE-SAC SY YEAR PAVED COMMENTS 1 St Street Bossieux Blvd Stephenson Dr 24 327 3 rd Ave Bossieux Blvd Stephenson Dr 20 328 729 2016 - 2017 Academic Ln Imagine way Dead end 24/28 1413 2017? Cypress Landings Adamo Way Henry Ave Dead end 24 1017 Bella Luna Alaqua Way Hollywood Blvd Eber Blvd Alice St Dairy Rd Dead end 20 1123 2,496 2013-2014 AlligatorFlag Cir AlligatorFlag Cir Shallow Creek Blvd 4350 Private/SawGrass/The Landings Anchor Ln Brookshire Cir Reflections Pl Private/Heritage Oaks/Brookshire Antrim Garden CT Henry Ave Athey Ct 25 1645 4569 Castle Oaks Arrowood St Fell Rd Boone Ave 22 1162 2840 Palm Lake Estates (Arrowood) Ashlyn Dr Sheridan Rd Dead End Athey Ct Antrim Garden Ct Dead end 25 1197 6336SF 4029 Castle Oaks Attilburgh Blvd Durham Dr Dead end 4403 Manchester Lakes Bainbury Ln Olde Bailey Ln Straford Pointe Dr 24 957 2552 Stratford Pointe Balsam Ave Chestnut St Birch St 20 965 2,144 Woodland Manor Basswood Ave Chestnut St Birch St 20 975 500 Woodland Manor Bellaluna Dr Sorento Cir Sorento Cir Sheridan Lakes Belmont Way Del Mar Cir Del Mar Cir 24 1030 2779 Saddlebrooke Benchmark Way Lake Ibis Dr Dead End Beth Ln Josh Ct Kingly Ct Private/Reserves of Melbourne Birch St Basswood Ave Crane Rd 20 485 1078 Woodland Manor Boone Ave Buffalo St Crockett St 22 979 2393 Palm Lake Estates (Arrowood) Bossieux Blvd Henry Ave W New Hevan Ave 20 2426 5391 2016 - 2017 Botanica Cir Heritage Oaks Blvd Heritage Oaks Blvd Private/Heritage Oaks/Preserves Boughton Way Heritage Oaks Blvd Cul-De-Sac Heritage Point Bowie Ave Arrowood St Crockett St 22 505 1234 Palm Lake Estates (Arrowood) Bradfordt Dr Vandiver way Wingate Blvd 24 3610 9627 Westbrooke Brig St Hollywood Blvd Hailey St 823 Private/Lynnwood Community Brighton Ct Greenwood Village Blvd Greenwood Village Blvd Private/Greenwood Village Condo Brockton Way Compass Point Dr Rochester Dr 2794 Private/Compass Pointe Brookshire Cir Heritage Oaks Blvd Heritage Oaks Blvd Private/Heritage Oaks/Brookshire Broomsedge Cir Shallow Creek Blvd Shallow Creek Blvd 4145 Private/Sawgrass/The Willows Brunswick Way Eber Blvd Sedgewood Cir 3409SF V 379 V= various additional areas Bry Lynn Dr West New Haven Dead end 20 2200 35.5x97 W 5225 2019 - 2020 W= Road widens Bryce Ln Dead end Dead end 24 1210 3133SF V 3575 V= various additional areas Buffalo St Boone Ave Fell Rd 22 1147 2804 Buffett Ln McClain Dr Dead end Dirt/Not part of Timber Ridge Burdock Ave Minton Rd Cul-De-Sac Private/Crystal Lakes Caladium Cir Shallow Creek Blvd Shallow Creek Blvd 4241 Private/Sawgrass/The Savannas Campbell Dr New Haven Ave Dead end 21 1997 37x175 W 5041 W= Road widens Canal St West Court East Court 300 Cannova Dr W New Haven Ave Donna Ln 16 A 950 1689 2017 - 2018 A= Average Width Carolina St W New Haven Ave Dead end 20 1119 2489 2016 - 2017 Catgrass Ln Caladium Cir Caladium Cir 324 Private/Sawgrass/The Savannas Cattail Ct Rushing Waters Dr Cul-De-Sac 291 Private/Sawgrass/The Estates

7B - 16 Champaign Pl Brockton Way Danvill Cir 210 Private/Compass Pointe Champion Way Flanagan Ave Flanagan Ave County Charon ave Burdock Ave Slate St Private/Crystal Lakes Chestnut St Crane Rd Basswood Ave 20 511 1136 Chiara Ln Durham Dr Potenza Dr 150 Cypress Landings Chica Cir Tortuga Way Tortuga Way 25 3025 8403 Fairmont Cinzia Way Imagine way Potenza Dr 150 Cypress Landings Clifton Dr Henry Ave Dead end Coastal Ln W New Haven Ave Dead end 850 South of 192 asphalt/ North Dirt Cochise St Boone Ave Bowie Ave 22 524 1281 Cocoanut Grove Ave Tropicana Ave Sheridan Rd County Compass Point Dr Fell Rd Danvill Cir 386 Private/Compass Pointe Conestee Dr Falls Creek Dr Potomac Dr 2190 Private/The Falls@Sheridan Coral Dr Wickham Rd Lake Ibis 24 932 2485 Corbett Ln Orsborne Ct Litchfield Dr 24 1739 8135SF V 5541 Manchester Lakes Court St W New Haven Ave East/West Court St 128 Crane Rd Evans Rd Birch St 20 1,355 3,011 Woodland Manor Crippen Ct Doherty Dr Rocket Ln Private/Reserves of Melbourne Crockett St Boone Ave Bowie Ave 22 528 1291 Crossbow Dr Greenboro Dr Hunters Creek Dr 24 338 901 Hunters Creek Crystal Oaks Ln Campbell Dr Dead end 24 666 1776 Mill and pave 10-2020 Cumberland Pl Potomac Dr Cul-De-Sac 231 Private/The Falls@Sheridan Dairy Rd West New Haven Ave Hibiscus Blv 26 848 32214SF W 6029 Daniel Dr South Dr Cul-De-Sac 28 328 46x11.5 1079 2015 - 2016 Danville Cir Rochester Dr Brockton Way 2235 Private/Compass Pointe Davie Ct Brockton Way Cul-De-Sac 107 Private/Compass Pointe Del Mar Cir Fell Rd Dead end 24 3351 8936 Saddlebrooke Dione St Wreath St Charon Ave Private/Crystal Lakes Doherty Dr Henry Ave W New Haven Ave Donna Ln Hollywood Blvd Dead end 21 364 849 2016 - 2017 Donna Marie Dr Sheridan Rd Cul-De-Sac County? Dorchester Ave Dairy Rd Dead end 21 1700 3967 2017 - 2018 Dorset Dr Henry Ave Dead end 20 1109 2465c Dragonfly Dr AlligatorFlag Cir Horsemint Ave 480 Private/SawGrass/The Landings Dundee Cir Sheridan Rd Dundee Cir 28 2245 6984 2019 - 2020 Westwoods Durham Dr Eber Blvd Palm Bay Rd 5280 Manchester Lakes East Court Court St Canal St Eber Blvd Minton Rd Dairy Rd E Haven Dr Morris Ct Margo Ct 26 1518 4385 2015 - 2016 Wood Haven E Laila Dr Isla Street Laila Ct 19.5 1273 583SF V 2823 Laila Park East Court West New Haven Ave Canal St 1037 Edward Rd Florida Ave Henry Ave 20 1080 2400 2019 - 2020 Canova Park Edward Rd Henry Ave Martin Ln 20 560 1,244 Elizabeth St Dairy Rd Dead end 20 1160 2,578 2017 - 2018 Ellis Rd Wickham Rd Technology Dr Emerald Dr Lake Ibis Dr Wickham Rd Evans Rd Hollywood Blvd W Nasa Blvd Melbourne

7B - 17 Explorer Dr Durham Dr Snicloe Ave Private/The Haven Falls Creek Dr Sheridan Rd Conestee Dr 1432 Private/The Falls@Sheridan Feast Rd West New Haven Ave Dead End County Fell Rd Del Mer Cir Hollywood Blvd 24 143 381 Fell Rd Hollywood Blvd Buffalo St 24 3089 8,237 2017 - 2018 Fell Rd Minton Rd Champion Way Ends at fence for County park Fiddleleaf Cir Shallow Creek Blvd Shallow Creek Blvd 2755 Private/SawGrass/The Preserves First Ave Laurel Oak St Pine St 25 302 839 Flanagan Ave Minton Rd Dead end 24 2731 11964SF W 8612 Flintrock Ave Arrowood St Buffalo St 22 474 1159 Florida Ave Parker Rd Sylvia Rd 20 490 1089 2019 - 2020 Canova Park Fortune Pl S John Rodes Blvd Dead end Frank Ln Hollywood Blvd Virginia Rd 20 524 922 Frederick Ave Sylvia Rd Hollywood Blvd 20 1105 2456 2017 - 2018 Friday Ct Rocket Ln Beth Ln Private/Reserves of Melbourne Gail Blvd Dead end Dead end Hollywood Estates Garwood Dr Sheridan Rd Cul-De-Sac County Georgia Ln Irene St Vera St Dirt Glasbern Cir Sedgewood cir Sedgewood Cir 24 3181 8483 Gods Way Eber Blvd Cul-De-Sac Grace St Dairy Rd Dead end 20 1210 2,689 Greenboro Dr Wickham Rd Ellis Rd Mill and pave 10-2020 Greenwood Manor Cir Sheridan Rd Sheridan Rd Private/Greenwood Manor Condo Greenwood Village Bvd Sheridan Rd Sheridan Rd Private/Greenwood Village Condo Griffth Ln Millwaukee Ave Dead End County Hailey St Brig St Cul-De-Sac 2236 Private/Lynnwood Community Haven Dr E Haven Dr West New Haven Ave 26 1165 3366 2019 - 2020 Wood Haven Helen St Meadowlane Ave Dead end 34 76 1860SF W 494 County Henry Ave W M Police Driveway Minton Rd 26 160 3717SF W 875 W= Road widens Minton Rd Hollywood Blvd 24 4224 41230SF W 15845 W= Road widens Hollywood Blvd Dairy Rd 24 5280 14080 Heritage Oaks Blvd Minton Rd Woodfield Cir 24 1350 380SF W 5247 2017 - 2018 W= Road widens Woodfield Cir Dead End 24 1784 4757 Hibiscus Blvd Evens Rd Dairy Rd Melbourne Hiking Tr Soft Breeze Cir Soft Breeze Cir 24 968 2581 Whispering Winds Hollister Dr Sumter Ln W Florida Ave 24 1881 2972SF V 5346 Oak Grove Hollywood Blvd W New Haven Ave Palm Bay Rd County Horsemint Ave Alligator Flag Cir Alligator Flag Cir 950 Private/SawGrass/The Landings Hunters Creek Dr Greenboro Dr Greenboro Dr 24 4270 11,387 Hunters Creek Idlewylde Cir Wickham Rd Dead End Imagine Way Hollywood Blvd Snicloe Ave 3050 Imogene Dr Old Nasa Bld Sonny Dale Dr 28 718 57.5x72 W 2694 2019 - 2020 W= Road widens Old Nasa Blvd W Nasa Blv Industrial Rd Wickham Rd Cul-De-Sac 24 2085 3071SF 5901 Irene St Dairy Rd Dead end 21 1126 2627 NW Irwin Ave W New Haven Avenue Dead end 22 1126 2752 SW Irwin Ave W New Haven Avenue Dorchester Ave 21 1256 2931

7B - 18 Isla St W. Laila Dr Meadowood Ln 20 696 1307 Laila Park Isla St Campbell Dr Dead end 18 900 1800 2017 - 2018 J Cobber Ct Fell Rd Cul-De-Sac Jean Cir Gail Blvd Gail Blvd Hollywood Estates Jennifer Cir Gail Blvd Gail Blvd 25 2072 5756 2015-2016 Hollywood Estates John Adams Ln Samuel Huntinton Ln Dead end 26 775 320x19 L 4151 2019 - 2020 L=Loops John Adams Ln Robert Norris Ln Dead end 24 1013 766x22 L 4574 L=Loops John Carroll Ln Robert Norris Ln Dead end 24 1414 686x21 L 5371 L=Loops Robert Norris Ln Samuel Chase Ln 31 580 450x19 L 2948 2016 - 2017 L=Loops Samuel Huntinton Ln Dead end 24 1396 696x21 L 5347 2017 - 2018 L=Loops John Hancock Ln Fell Rd Dead end 1201x20 L L=Loops John Rodes Blvd W New Haven Ave Ellis Rd County Josh Ct Dohety Dr Rocket Ln Reserves of Melblourne Joslin Way West Cul-De-Sac South Cul-De-Sac 24 2894 6833SF V 8477 Manchester Lakes Kaley Pl Bradfordt Dr Madrigal ln 24 576 1536 Westbrooke Kelley Ln Henry Ave Dorchester Ave 20 1231 2,736 Kendrick Ct West Cul-De-Sac East Cul-De-Sac 24 769 6049 2723 Westbrooke Keystone Ave Miami Ave Dead end County Kilns Cir Morton Way Morton Way Wesley Groves/Private Kimberly Cir Gail Blvd Gail Blvd Kingly Ct Rocket Ln Dead end Reserves of Melblourne Ladybug Ct Canal St Dead end 281 Lady Hawk Way Griffith Ln Merlin Dr Falcon Ridge Lago Cir W New Haven Ave W New Haven Ave Grand Oaks Laila Ct W New Haven Ave E Laila Dr 400X2 Laila Park Lake Ct Henry Ave Dead end 15 834 727SF V 1471 2019 - 2020 V= various additional areas Lake Ashley Cir Sheridan Rd Sheridan Rd. 2835 Ashley Manor Lake Ibis Dr Ellis Rd Emerald Dr Lakeview Dr Lemon Grove Ave Orange Grove Ave 22 666 1628 Lakewood Dr S Lakewood Dr Kelly Ln Launch Ct Rocket Ln Beth Ln Reserves of Melblourne Laurel Oaks St W New Haven Ave Dead end 20 1008 25.5x79 W 2464 2019 - 2020 W= Road widens Lee Ct Susan Dr Cul-De-Sac 25 900 50 R 2,597 2015 - 2016 R=radius Lee Rd Walker Ave Donna Ln 20 1790 3,978 2016 - 2017 Lemon Grove Ave South Dr Tropicana Ave 20 2392 5316 2017 - 2018 Lime Grove Ave Orange Grove Ave Cocoanut Grove Ave County Linville Falls Dr Falls Creek Dr Falls Creek Dr 1635 Private/Falls@Sheridan Litchfield Dr Joslin Way Imagine Way 24 1352 3605 Manchester Lakes Livingstone Ln Wickham Rd Dead end 25 231 642 East of Wickham Rd Lune Ct Maeve Cir Meave Cir Private/Eastwood/Heritage Oaks Lylewood Ct Botanica Cir Cul-De-Sac Private/Preserve/Heritage Oaks Madrigal Ln West Cul-De-Sac East Cul-De-Sac 24 1599 5692 4897 Westbrooke Maeve Cir Heritage Oaks Blvd Heritage Oaks Blvd Private/Eastwood/Heritage Oaks Manchester Ln Greenwood Village Blvd Greenwood Village Blvd Private/Greenwood Village Condo Mango Grove Ave Orange Grove Ave Cocoanut Grove Ave 22 628 1535 2015 - 2016 Manor Pl Sheridan Rd Dead end 28 1041 130x22 L 3556 2019 - 2020 Manor Place Mapplewood Dr Greenboro Dr Shadowood Dr Private/Garretts Run

7B - 19 Margo Ct Haven Dr E Haven Drive 26 360 1040 2019 - 2020 Wood Haven Mark Dr Tallwood Cir Tallwood Cir 28 836 2601 2016 - 2017 Marnie Cir Gail Blvd Gail Blvd 25 2103 5842 2015 - 2016 Hollywood Estates Martin Ln Hollywood Blvd Edward Rd 20 900 2000 2017 - 2018 Mary St Dairy Rd Dead end 20 1154 2,564 Matrix Way Lake Ibis Dr Cul-De-Sac Maybeck Pl W New Haven Ave Dead end 20 253 562 McClain Dr W New Haven Ave Buffett Ln 21 1298 3029 McClain Dr Buffett Ln Mclain Dr 24 3625 9667 Timber Ridge Meadowlane Ave W New Haven Ave W Mel. School of Science Medowood Ln Isla St Dead end 20 568 2820SF V 1576 Laila Park/Meadowwood Estates Merlin Dr Lady Hawk Way Cul-De-Sac Falcon Ridge/County Miami Ave Circle Dr Keystone Ave County Midori Way Murano Dr Dead End Private/Villas of West Melbourne Milner Ct Attilburgh Blvd Cul-De-Sac 332 Manchester Lakes Milwaukee Ave Minton Rd Griffith Ln County Minton Rd W New Haven Ave Palm Bay Rd County Moccasin Dr Alligator Flag Cir Horsemint Ave 461 Private/SawGrass/The Landings Monaco Rd Donna Ln Walker Ave 20 1771 3933 2017 - 2018 Morris Ct Henry Ave Naylor/E Haven 26 331 956 Wood Haven Morton Way Minton Rd Cul-De-Sac Murano Dr W New Haven Ave Dead end Private/Villas of West Melbourne Musgrass Cr Shallow Creek Blvd Shallow Creek Blvd 4281 Private/SawGrass/The Meadows N Laila Dr Isla St Dead end 20.5 663 3400SF V 1644 Laila Park N Sylvia Rd Henry Ave Sutton Ave Nancy St Dairy Rd Dead end 20 1246 2769 Naples Ct Danville Cir Cul-De-Sac 156 Private/Compass Pointe Nasa Blvd Evans Blvd Wickham Rd County Natures Way Soft Breeze Cir Soft Breeze Cir 24 966 2576 Whispering Winds Naylor Dr Morris Ct Haven Dr 26 930 2687 2016 - 2017 Wood Haven Newcomb Ln Lemon Grove Ave Dead end 2007 New Haven Ave Dairy Rd Interstate 95 22176 192 Norfolk Pkwy Palm Bay Rd Minton Rd 12144 4841X2 Minton To Palmbay Rd Minton Rd West Dead End Minton/Sawgrass NW Shannon Ave New Haven Ave Dead end OakCrest Ln Campbell Dr Cul-De-Sac 1041 2007 Oakwood Dr Kelley ln Dorchester Ave Old Nasa Blvd Wickham Rd Cul-De-Sac Olde Bailey Ln Sedgewood Cir Strafford Pointe 1853 Stratford Pointe Olive Grove Ave Orange Grove Ave Cocoanut Grove Ave County Orange Grove Ave Sheridan Rd Tropicana Ave West Melbourne/County Orangeview Dr Campbell Dr Dead end Orbit Ct Rocket Ln Beth Ln Private/ Reserves of Melbourne Orsi Pl Academic Ln Dead end 407 2018 Cypress Landings Osborne Ct Durham Dr Cul-De-Sac 1385 Manchester Lakes Palm Bay Rd Minton Rd Dairy Rd Palm Bay Park Hill Blvd W New Haven Ave Dead end 2018

7B - 20 Parker Rd Henry Ave Florida Ave 1120 Canova Park Payette Ln Whitman Dr Hollister Dr 1802 Oak Grove Peaceful Pl Soft Breeze Cir Dairy Rd 708 Whispering Winds Pine Needle Ln Suger Pine Dr Cul-De-Sac 675 Sheridan Estates Pine St W New Haven Ave Dead end 1110 2017 Pinecrest Ave Wickham Rd Dead end 2003 East of Wickham Rd Piney Branch Way W New Haven Ave W New Haven Ave One way in/out Potenza Dr Academic Ln Academic Ln 3289 2017 - 2018 Cypress Landings Potomac Dr Conestee Dr Cul-De-Sac 2209 Private/Falls@Sheridan Pummelo Rd John Rodes Blvd Coastal Ln 1019 Preakness Dr Del Mar Cir Belmont Way 980 Saddlebrooke Progress Cir Technology Dr Cul-De-Sac Radley Dr Attilburgh Blvd Litchfield Dr 1179 Manchester Lakes Reflections Pl Anchor ln Cul-De-Sac Private/Heritage Oaks/Brookshire Robert Norris Ln Fell Rd Samuel Chase Ln 2002 Clements Wood Rochester Dr Danville Cir Brockton Way 1117 Private/Compass Pointe Rocket Ln Henry Ave Josh Ct Private/Reserves of Melbourne Rodes Pl Wickham Rd Dead End East of Wickham Rd Rosalind Pl Kendrick Ct Bradfordt Dr 435 Westbrooke Rushing Waters Dr Shallow Creek Blvd Cul-De-Sac 3957 Private/Sawgrass/The Estates Ruth Cir Gail Blvd Gail Blvd 2016 Hollywood Estates S Lakewood Dr Dorchester Dead end S Sylvia Rd Henry Ave Florida Ave Saddle Brook Ln Hollywood Blvd Del Mar Cir 143 Saddlebrooke/Entrance Road Sagecrest Cir Norfolk Pkwy Norfolk Pkwy Private/The luminary Saint Albans Ct Manchester Ln Manchester Ln Private/Greenwood Village Condo Saint George Rd Sutton Ave Frank Ln 828 Salt Marsh Cir Shallow Creek Blvd Shallow Creek Blvd 5404 Private/Sawgrass/The Sanctuary Sam Snead St Milwaukee Ave Bobby Jones St Private/Palm Gardens Samuel Chase Ln Samuel Huntington Ln Dead End Mill and pave 10-2020 Samuel Chase Ln Robert Norris Ln Samuel Huntington Ln Samuel Chase Ln Robert Norris Ln Dead end Samuel Huntington ln Fell Rd Dead end San Paulo Cir San Paulo Ct San Paulo Ct Private/San Paulo Village San Paulo Ct Dairy Rd San Paulo Cir Private/San Paulo Village Sassafras Way Rushing Waters Dr Watergrass St 478 Private/Sawgrass/The Estates Scarsdale Ct Greenwood Village Blvd Greenwood Village Blvd Private/Greenwood Village Condo Secret Dr W New Haven Ave Cul-De-Sac Private/Hidden Heights HOA Sedges Ave Caladium Cir Caladium Cir 578 Private/Sawgrass/The Savannas Sedgewood Cir Brunswick Way Eber Blvd 5860 Stratford Pointe Sepia St Cahron Ave Slate St Private/Crystal Lakes Serene Pl Secret Dr Cul-De-Sac Private/Hidden Heights HOA Shadowood Dr Greenboro Dr Maplewood Dr Private/Garretts Run Shallow Creek Blvd Norfolk Pkwy Broomsedge Cir 5000 Private/Sawgrass/Entrance SW Shannon Ave W New Haven Ave Dorchester Ave Sheridan Rd Wickham Rd John Rodes Blvd 2010 County Sheridan Woods Dr Sheridan Rd Sheridan Rd Private/Sheridan Woods

7B - 21 Shinn Ave Ellis Rd Industrial Rd Shoshone Ln Conestee Dr Cul-De-Sac 1040 Private/Falls@Sheridan Shuttle Ct Rocket Ln Beth Ln Private/Reserves of Melbourne Silver Sand Dr Wickham Rd Lake Ibis Dr Sirius Ct Adamo Way Cul-De-Sac 731 Bella Luna Slate St Charon Ave Sepia St Private/Crystal Lakes Snicole Ave Imagine Way Dairy Rd City Limits @ Little Grey Ln Soft Breeze Cir Peaceful Pl Peaceful Pl 3844 Whispering Winds Sonny Dale Dr Idlewylde Cir Vickie Cir Sorento Cir John Rodes Blvd John Rodes Blvd Private/Sheridan Lakes South Dr Wickham Rd Conifer St County from lemmon Grove to Conifer Starlight Ct Rocket Ln Beth Ln Private/Reserves of Melbourne Stephenson Dr Wickham Rd Dead end 2365 Stockbridge Way Tuscarora Ct Tuscarora Ct Private/Hammock Lakes HOA Stratford Point Dr Hollywood Blvd Hollywood Blvd 4870 Stratford Pointe Sugar Pine Dr Sheridan Rd Cul-De-Sac 1634 Sheridan Estates Summerwind Ct Woodfield Cir Cul-De-Sac Private/Woodfield@Heritage Oaks HOA Sumter Ln Bryce Ln Hollister Dr 2960 Oak Grove Sundance St Flintrock Ave Boone Ave 2018 Palm Lake Estates (Arrowood) Sunday Ct Rocket Ln Beth Ln Private/Reserves of Melbourne Sunset Dr Dorchester Ave W New Haven Ave Susan Dr Gail Blvd Lee Ct 2016 Hollywood Estates Sutton Ave Lee Rd Sylvia Rd 1597 2014 Sylvan Dr Sheridan Rd Sheridan Rd 3434 Sylvan Estates Sylvia Rd Henry Ave Florida Ave 2340 Canova Park Tall Tree Ct Sheridan Ct Cul-De-Sac Private/Sheridan Woods Tallwood Cr Hollywood Blvd Hollywood Blvd 1820 Talona Dr Wickham Rd Dead end Tamango Dr Eber Blvd Eber Blvd Private/Tamarind Technology Dr Ellis Rd Ellis Rd Thelma Ln Henry Ave Gail Blvd Hollywood Estates/Entrance Thomas Jefferson Ln Hollywood Blvd Hollywood Blvd 2018 Timber Ridge Pl McClain Dr Henry Ave 144 Timber Ridge Timberlake Dr Sheridan Rd Sheridan Rd 3561 Timberlake Tortuga Way Dairy Rd Chica Cir 1616 Fairmont Trend Rd Henry Ave Hollywood Blvd 2003 Triple Crown Ln Belmont Way Del Mar Cir 985 2007 Saddlebrook Tropic Dr Wickham Rd Lake Ibis Dr Tropicana Ave Wickham Rd Sheridan Rd Wickham to Lemmon Grove is CoWM Trovita Cir Eber Blvd Eber Blvd 2871 Eber Cove Tuscarora Ct Brunswick Way Cul-De-Sac Hammock Lakes Vandiver Way Wingate Blvd Ventura Cir 458 Westbrooke Ventura Cir Vandiver way Vandiver Way 2834 Westbrooke Vera St Dairy Rd Georgia Ln Vicky Cir Sonny Dale Dr Sonny Dale Dr Vining St Ventura Cir Madrigal Ln 1724 Westbrooke Virginia Rd Frank Ln Sutton Ave 836

7B - 22 W Laila Drive E Laila Dr Isla St Walker Ave Hollywood Blvd Edward Rd 846 Watergrass St Sassafras Way Cul-De-Sac 3590 Private/Sawgrass/The Estates Wawa Way New Haven Ave Lowes Parking Lot Weatherly Ave Wingate Blvd Cul-De-Sac 914 Westbrooke Wedgewood Pl Greenwood Village Blvd Scarsdale Ct Greenwood Village Wekiva Ln Weathely Ave Cul-De-Sac 836 Westbrooke West Court Court St Canal St 1037 Westover Dr New Haven Ave Dorchester Ave Whidbey St Whistler St Whistler St 1026 Westbrooke Whistler St Weatherly St Whistler St 4529 Westbrooke Whitman Dr Hollywood Blvd Hollister Dr 3197 Oak Grove Wickham Rd W New Haven Ave Emerald Dr County Windchaser Ct Woodfield Cir Cul-De-Sac Heritage Oaks /Woodfield Wingate Blvd Minton Rd Hollywood Blvd 5702 Westbrooke Wiregrass Ave Broomsedge Cir Broomsedge Cir 800 Private/Sawgrass/The Willows Woodfield Cir Heritage Oaks Blvd Heritage Oaks Blvd Heritage Oaks /Woodfield Woodland Dr W New Haven Ave Isla St Woodland Park Dr John Rodes Blvd Cul-De-Sac Wreath St Burdock Ave Sepia St Private/Crystal Lakes Wyeth St Whistler St Bradfordt Dr 1082 Westbrooke W Laila Drive Isla Laila Court 20 1219 2378 Laila Park West Florida Avenue Hollywood Blvd Hollister Dr 24 2640 12480SF W 8427 W= Road widens York Ln Greenwood Village Blvd Greenwood Village Blvd Private/Greenwood Village Condo

7B - 23 ATTACHMENT 2

West Melbourne FLORIDA

BID SUMMARY

PROJECT TITLE: Street Sweeping Services OPENING DATE & TIME: February 16, 2021 at 2:15 pm

BIDDER BASE BID AMOUNT BID Non-Collusion Scrutinized FORM Affidavit of Company Prime Bidder Certification Form IAero g@""dTef.( I '-IC3�;- ✓ ✓ v

)10. (' Cltt:1"'<'� u.sA- /VIC,., f bCf 7'7�. 30 v v v

PeTe'5 C{d:trt ' [c-t,J :J 1 L{;J_I

L»,4 5'"e('v rce--S � 1'1) OJJ) ✓ ✓ v

7B - 24 ATTACHMENT 3 BID FORM PRICE SHEET

COST FOR THE ONE YEAR PERIOD APRIL 1, 2021 THROUGH MARCH 31, 2022:

... +\-)<; \ 2.t">" 0 Lump sum cost per month for complete sweeping of all streets $ \SD"' 31 �OD 3I • Additional cost per curb mile foradded streets $ 35 Additional cost for unscheduled complete sweep $ �t.\00 90 Street sweeping emergency rate per hour $ ____

TOTAL ANNUAL BASED BID

Company Name Bidding

7B - 25 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

State of ( b\ C\.-�d... "

County of( Dr-n -'l. ) � ¼�-J k·, , being duly sworn, deposes and says that: Oic-C-4�°" � I. He/She is�on�f� �r�"<, the Bidder that has submitted the attached bid; 2. He/She is informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3. Such bid is genuine and is not a collusive or sham bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham bid in connection with the contract for which the attached bid has been submitted or to refrain from proposing in connection with such contract, or has in any manner, directly or indirectly, sought by contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City Council Members of the City of West Melbourne, Florida, or any person interested in the contract; and 5. The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion conspiracy connivance or unlawful agreement on the part of the bidder or any ofhis agents, represent tives, owners, employees, or parties of interest, including affiant.

ck: �QC\.,anS D�-h:wTitle

SWORN AND SUBSCRIBED before me this \ S�� day of �.Q..� , 20 2. t) by 'j _(:,-"""''-l:L"-e_Q��-Q�-�\)�o!::....?..'<"_!.,l.______who is(15ersonally kno�o me or who produced ------as identification, and an oath was taken. ,_� YPu #( Gl.EYSISGESSEN ______._ "':We-* .. Commission# GG 971678 Notablic �� ExpiresMarch22, 2024 � OF f\.O Bonded111111 Bildgotllolwy Service& Commission #: G,,-,1 '" 1 V My commission expires:

7B - 26 Scrutinized Company Certification Form

Company Name: -"�--'=.!'-C=----'C:,-..:C._o.3<...::�,:__:_..,._.'--'---'-�'--'----''------

Authorized Representative Name and Title: �.,..... e��.u._,.....,..Bo., t .... __L-.L·,_..._l) .,L.J.;<◄.1.:�-hv.....'-1...:'--� =-'--�---=--i�c.:c<,_,,,o:=--:+..:...,-=--�-'---..,.,S

Address:48� N)� '\.l'C:� ity: St te: �L ZIP: () Rd C Dc.C):e.,� a 31.\1 lo\

CHOOSE ONE OF THE FOLLOWING

�This bid, proposal, contract or contract renewal is for goods or services of less than $1 million. As the person authorized to sign on behalf of the above-named company, and as required by Florida Statutes, section 287.135(5), I hereby certify that the abovenamed company is not participating in a boycott of Israel.

L This bid, proposal.contract or contract renewal is for goods or services of $1 million or more. As the person authorized to sign on behalf of the above-named company, and as required by Florida Statutes, section 287.135(5), I hereby certify that the above-named company is not participating in a boycott of Israel, is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and it does not have business operations in Cuba or Syria.

I understand that pursuant to Florida Statutes, section 287.135, the submission of a false certification may result in the termination of the c ntract if one is entered into, and may subject the above-named company to civil penalties, attorney's fees and / Certified By: -,L-��J.C:.::.....+--=c)�_c::::2:___==:::::______

Date Certified:

7B - 27 ATTACHMENT 4 BID FORM PRJCE SHEET

COST FOR THE ONE YEAR PERIOD APRIL 1, 2021 THROUGH MARCH 31, 2022:

Lump sum cost per month forcomplete sweeping of all streets $ o�e1.1r Additional cost per curb mile foradded streets $ 9/. ro pi> Additional cost for unscheduled complete sweep $ !ZaJ.

Street sweeping emergency rate per hour $ -Z 2s-. 00

TOTAL ANNUAL BASED BID

jJ-w (!,/,Lit 111 "i1 i {/j)- I ;t:,-t/e Company Name Bidding

7B - 28 NON-COLLUSION AFFIDAVITOF PRIME BIDDER State of( f/tJ/J� )

County of (M,aA11� j}ti/!e) !!r/iud0011'24uZ 'being duly sworn, deposes and says that: � ¥ . ,trrPf11'1)-, ·1,J 1. (.FfelBbe is �ff)f,t>• IJ:f /, l , the Bidder that has submitted the attached bid; 2. 'tMtShe is informed respecting preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3. Such bid is genuine and is not a collusive or sham bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham bid in connection with the contract for which the attached bid has been submitted or to refrain from proposing in connection with such contract, or has in any manner, directly or indirectly, sought by contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, or to fixany overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City Council Members of the City of West Melbourne, Florida, or any person interested in the contract; and 5. The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion conspiracy connivance or unlawful agreement on the part of the bidder or any ofhis agents, representatives, owners, employees, or parties of interest, including affiant.

Signap 1-,(Jt124/,tz Printed!J/cMd Name 7 Wu &S'°kl 1� /J/MJ"1115 Tille I SWORN AND SUBSCRIBED beforeme this /V day of�' 20 .1.L_by

_,_tp___,___,.---"'��OC:..:.....::d!:.....::_f;�o:.....:.11�Zf=.L..!...:..V_z.______who is personally lown to me or who produced --�------as identification, and an oath was taken.

NotaryP¥

Commission#: o/�/'f 2/ :j() My commission expires: 3/, 'f' /uz,.z

7B - 29 Scrutinized Company Certification Form

Address: /ZP51/AJA/ 7g A,/a, ZIP: 7f0/9 Phone Number: 4S1/k�o-:mu

CHOOSE ONE OF THE FOLLOWING

W This bid, proposal,contract or contract renewal is for goods or services of less than $1 million. As the person authorized to sign on behalf of the above-named company, and as required by Florida Statutes, section 287.135(5), I hereby certify that the abovenamed company is not participating in a boycott of Israel. D This bid, proposal,contract or contract renewal is for goods or services of $1 million or more. As the person authorized to sign on behalf of the above-named company, and as required by Florida Statutes, section 287.135(5), I hereby certify that the above-named company is not participating in a boycott of Israel, is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and it does not have business operations in Cuba or Syria.

I understand that pursuant to Florida Statutes, section 287.135, the submission of a false certification may result in ne is entered into, and may subject the above-named company to civil penalties,

HORIZED REPRESENTATIVE SIGNATURE s- Print Name and Title: tfidud (;111z,kz, Vuffes'f{(.,-br /;1#M1,,/1 Date Certified:

7B - 30 ATTACHMENT 5 BID FORM PRICE SHEET

COST FOR THE ONE YEAR PERIOD APRIL 1, 2021 THROUGH MARCH 31, 2022:

Lump sum cost per month forcomplete sweeping of all streets $ S1 S1Q.ou Additional cost per curb mile for added streets $ 3L\.oo

Additional cost forunscheduled complete sweep $3i S7000

Street sweeping emergency rate per hour $ \ 00,00

TOTAL ANNUAL BASED BID sL\8 155�0·O0 \\) '3 to70�, c__'6c\-e_ '-I... \d-- c�c..,\-es

Company Name Bidding

7B - 31 NON-COLLUSION AFFIDAVITOF PRIME BIDDER

State of ( f'- \o� d.Cb ) County of ( �re__vcur-cl ) ?--e...\:ca \.\fO 0-...... -,\OS , being duly sworn, deposes and says that: 1. He/She is �f �kS,\i h.d C �@\h�13idder that has submitted the attached bid; 2. He/She is inforrHedrespecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3. Such bid is genuine and is not a collusive or sham bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firmor person to submit a collusive or sham bid in connection with the contract for which the attached bid has been submitted or to refrain from proposing in connection with such contract, or has in any manner, directly or indirectly, sought by contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City Council Members of the City of West Melbourne, Florida, or any person interested in the contract; and 5. The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion conspiracy connivance or unlawfulagreement on the part of the bidder or any of his agents, representatives, owners, employees, or parties of interest, including affiant.

Signature

Printed Name

Title

,{\-\ SWORN AND SUBSCRIBED before me this I G day of f.e...br LUl. 0-J , 20_bi_ by --"--re.,._� ___ _V_0_o_u.c._+...,,c.._o_s ______who is personally known to me or who produced PL.D L as identification, and an oath was taken.

Notary Public

Commission#: G 6 ql{'?:.L( ry My commission expires: JC-u1. (, 2.o'LL(

/�'Ii.;·.. MOHAMEDA. UYOOUN rtl'i..�J/:\ Notary Public • Suittof Flor1di \�/! Commission II GG9-43-459 ·•...... '?!,,,Y,-·/ My Comm. Expir� Jan 1, 202-4 7B8ondfd - 32 thr0uth National NotaryAnn. Scrutinized Company Certification Form

an a e _,, ___, Comp y N m : _-\2-'-e._,,....,\--...... e�S--_\,,---=-->0,, N'--"""'O'---�-=--\;'-�="-'---'\--"��------

Authorized Representative Name and Title: Ye--\C{"" \£.f C) u--\- �

Address: Po �o '{.__L\L\,S � City: C,\eo..,v..JCL{e\f State: �L- ZIP: 32:>lS

A company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with the City of West Melbourne for goods or services of any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Florida Statutes, section 215.4725, or is engaged in a boycott of Israel. A company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with the City of West Melbourne for goods or servicesof $1 million or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Florida Statutes, section 215.473, or with companies engaged in business operations in Cuba or Syria.

CHOOSE ONE OF THE FOLLOWING -S, This bid, proposal, contract or contract renewal is for goods or services of less than $1 million. As the person authorized to sign on behalf of the above-named company, and as required by Florida Statutes, section 287.135(5), I hereby certify that the abovenamed company is not participating in a boycott of Israel. D This bid, proposal,contract or contract renewal is for goods or servicesof $1 million or more. As the person authorized to sign on behalf of the above-named company, and as required by Florida Statutes, section 287.135(5), I hereby certify that the above-named company is not participating in a boycott of Israel, is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and it does not have business operations in Cuba or Syria.

I understand that pursuant to Florida Statutes, section 287.135, the submission of a false certification may result in the termination of the contract if one is entered into, and may subject the above-named company to civil penalties, attorney's fees and ts. t Certified By: ? � AUTHORIZED REPRESENTATIVE SIGNATURE

Print Name and Title: ?e \,e.., \j£ C L\.jD s I �'\;\a.. il'-

7B - 33 ATTACHMENT 6

BID FORM PRICE SHEET

COST FOR THE ONE YEAR PERIOD APRIL 1, 2021 THROUGH MARCH 31, 2022:

Lump sum cost per month for complete sweeping of all streets $ 2,835.00

Additional cost per curb mile foradded streets $ 0.00

Additional cost for unscheduled complete sweep $ 2,835.00

Street sweeping emergency rate per hour $ 0.00

TOTAL ANNUAL BASED BID $ 34,020.00

USA Services of Florida, Inc.

Company Name Bidding

7B - 34 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

State of ( Florida

County of ( Seminole ) ------Matt Ford , being duly sworn, depose and says that: Genera I Manager I. He/She is ___ of USA s�rvices ofFlonda. ln�.the Bidder that has submitted the attached bid; 2. He/She is informed respecting the preparation and contents of the attached bid and of all pertinent circum tances respecting such bid; 3. Such bid is genuine and is not a collusive or sham bid; 4. either the said Bidder nor any of its officers, partner , owner , agents, representatives, employees partie in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firmor person to submit a collusive or sham bid in connection with the contract for which the attached bid has been submitted or to refrain from proposing in connection with such contract, or has in any manner, directly or indirectly, sought by contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City Council Members of the City of West Melbourne, Florida, or any person interested in the contract; and 5. The price or prices quoted in the attached bid are fairand proper and are not tainted by any collusion conspiracy connivance or unlawful agreement on the part of the bidder or any of his agents, representatives, wne s, employees, or parties of interest, including affiant.

Matt Ford Printed Name General Manager Title

SWORN AND SUBSCRIBED before me this l (p day of r::�bv-v-a'0} . 20 � by __..M'--'-Ct_W__ _. f_o_v'f}..______who is per onally known to me or who

...,...... ------as identification, and an oath was taken .

Commission#: (}G qg l'6�i My commission expires: 0� { 1-.15/ �o')-L{_

r1 ...... ,...... LAUREN JALBERT GG 981858 il t ·/?�•· ,r,.�\·•· MY COMMISSION# I I 25, 2024 l:-�·•/ EXPIRES:August IJ t:f! ·

7B - 35 Scrutinized Company Certification Form

Company Name: __U_ SA_ _ S_ e_rv_ ic_ e_ _s o_ f_ F_ lo_ _rid_ _a....,_,ln_ _ c_. ______

Authorized Representative Name and Title: Matt Ford General Manager

Address: 448 Spring Hammock Court City: _l_o_n_,.g.._w_o_o_ d_ ____ State: _F'-'L'--_ ZIP: 32750

Phone Number: 216-777-2750 Email Address: [email protected]

A company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with the City of West Melbourne for goods or services of $1 million or more if, at the time of bidding on,submitting a proposal for,or entering into or renewing such contract,the company is on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Florida Statutes, section 215.473, or with companies engaged in business operations in Cuba or Syria.

CHOOSE ONE OF THE FOLLOWING

/This bid, proposal, contract or contract renewal is for goods or services of less than $1 million. As the person authorized to sign on behalf of the above-named company,and as required by Florida Statutes,section 287.135(5), I hereby certify that the abovenamed company is not participating in a boycott of Israel.

This bid, proposal,contract or contract renewal is for goods or services of $1 million or more. As the person authorized to sign on behalf of the above-named company,and as required by Florida Statutes,section 287.135(5), I hereby certify that the above-named company is not participating in a boycott of Israel, is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,and it does not have business operations in Cuba or Syria.

I understand that pursuant to Florida Statutes, section 287 .135, the submission of a false certification may result in the termination of the contrac ne entered into, and may subject the above-named company to civil penalties, attorney's fees and s . r:;J

Certified By: --"C....-1-""'--=:__;:__;:..._.:______AUTHORIZED REPRESENTATIVE SIGNATURE

Print Name and Title: __M_ a_ t_t _Fo__ rd_G_ e_n_e_r_a_l _M_a_n_a_,.g'-e_r ______Date Certified: 2/16/2021

7B - 36 AGENDA ITEM

March 2, 2021, City Council Meeting

Approved for Submittal By:

______Scott Morgan, City Manager To Be Presented By:

Cynthia Hanscom ______Cynthia Hanscom, City Clerk

To: Honorable Mayor and Members of the West Melbourne City Council

Through: Scott Morgan, City Manager

From: Cynthia Hanscom, City Clerk

Date: March 2, 2021

SUBJECT

Reappointment to Business Advisory Board

RECOMMENDATION

Reappoint Rande Matteson to the Business Advisory Board for a term ending November 2021.

FISCAL IMPACT

There is no fiscal impact.

March 2, 2021 7C - 1 DISCUSSION AND BACKGROUND

The Business Advisory Board is an 11-member board originally established by Resolution No. 2009-09. The Board provides advice to City Council on how the City can implement measures that promote the needs of commercial establishments, develops information by surveying existing businesses, inventories vacant commercial land, and recommends methods to enhance and promote business activity. Members on the Board must hold a current Business Tax Receipt with the City or be employed by a business that operates within the City, or operate a business within one-mile of the City limits. The Board meets on even numbered months on the fourth Monday.

There are currently three vacancies on the Board.

Rande Matteson has previously served on the Business Advisory Board. He was inadvertently not re-appointed to the Board back in November. Therefore, he has asked to be reappointed to this Board.

ATTACHMENT

1. Original application from Rande Matteson

March 2, 2021 7C - 2 CITYOF WEST MELBOURNE APPLICATION FOR BOARD VACANCY West Melbourne FL·-··ORID A Please complete the following application, attach a resume or biographical data sheet, and return to:

West Melbourne City Hall Attn: City Clerk's Office 2240 Minton Road West Melbourne, FL 32904 Please Print or Type

Address Phone al J--- s5;i.-

E-mail address Cell Phone

Address of Employment J) Occupation Co.� M/VUL Education �I) Phone:

Reference 2:Name and address

Reference 3:Name and address

The City C uncil of West MelbourneIs responsible for reviewing and selecting the Board Member to fillthe appropriate vacant positions.

Please circle which Boards/Committeesyou are interestedin serving on: □ Board of Adjustments D Citizens Action Committee □ Planning and Zoning Board � Business AdvisoryBoard □ Code EnforcementBoard □ Pofice Pension Board □ Parksand Recreation Advisory Board

7C - 3 Biographic Summary

Volunteer Appointment Consideration: West MelbourneBusiness Advisory Council

Rande W. Matteson, local business co-owner Keke's Breakfast Cafe 1523 West Mew Haven Ave., West MelbourneFL. Business phone 321-254-5353 cellularphone 813-352-9291.

Email: [email protected]

Education:

• PhD, Leadership, Lynn University • M.S. Administration of Justice, Rollins College • B.A. Public Administration-Criminal Justice, University of Central Florida

Biography:

Served 32-years in federal, state and local law enforcement-investigative agencies and retired as a Senior Supervisory Special Agent (federal agent) assigned to numerous domestic and international field and leadership-management positions, covert operations, HQTS andat the FBI-DEA Training Academy, Quantico VA. Afterretirement servedas a full time tenured University Professor and past department chair (retired).

Community Affiliation:

• Membership in numerous professionalassociations and academic associations • Knights of Columbus, Sir Knight 4th Degree • Volunteer service in non-profit organizations • Certified Fraud Examiner, Hostage Negotiator and Maritime Marine Operations • Raised in the community and family members were local pioneers of the community

Teaching & Professional Interests:

• Teaching and researchagenda includes; complex private and public sector leadership geopolitical issues, international-transnational crime-corruption-economics-organized crime, money laundering, fiscalaccountability, diverse social issues in communities, terrorism-trade based finance schemes, and developing smart community initiatives forthe 21 st Century.

Honors & Awards:

• Numerous public sector merit awards

7C - 4 AGENDA ITEM

March 2, 2021 City Council meeting

Approved for Submittal By:

______Scott Morgan, City Manager To Be Presented By: Thomas Forbes ______Thomas Forbes, Building Official

To: Honorable Mayor and Members of the West Melbourne City Council

Through: Scott Morgan, City Manager

From: Thomas Forbes, Building Official

Date: February 24, 2021

SUBJECT

Purchase of two new vehicles for the Building Department

RECOMMENDATION

The Building Official recommends that City Council:

Approve the purchase of two new Ford F-150 pick-up trucks with a total cost of $46.754.00

FISCAL IMPACT

The fiscal impact is the cost of the two new trucks. The Building Department has budgeted $53,000.00 for the purchase of new vehicles.

7D - 1 March 2, 2021 DISCUSSION

The cost of the trucks was researched through the Florida Sheriffs Association Cooperative Purchasing Program. The cost of two Ford F-150 pick-up trucks is $46,754.00.

ATTACHMENTS

1. Florida Sheriffs Association Cooperative Purchasing Program pricing sheets.

7D - 2 March 2, 2021 ATTACHMENT 1

Doing Business /4.s Coggin Ford Website www.cogginfordjacksonville.comExternal Website. Opens New Window Address 9650 Atlantic Blvd Jacksonville, FL, 32225-8230 United States See other locations Phone (904) 725-3060 Company Description Asbury Jax Ford, LLC is located in Jacksonville, FL, United States and is part of the Automobile Dealers Industry. Asbury Jax Ford, LLC has 120 total employees across all of its locations and generates $37.66 million in sales (USO). There are 189 companies in the Asbury Jax Ford, LLC corporate family. Key Principal Robert JohnsonSee more contacts Industry

7D - 3 FSA20-VEL28.0, Pursuit, Administrative and Other Vehicles

Group: Pickup Trucks - 4X2

Item� 138, Ford, F-150 XL Super Cab, X1C

Zone Rank Vendor Price Build File Options File

Western Primary BOZARD FORD $22,677.00 Build Options Alternate Duval Ford LLC $22,744.00 Build Options Alternate ASBURY FORD JAX $23,200.00 Build Options

Northern Primary Duval Ford LLC $22,645.00 Build Options Alternate BOZARD FORD $22,677.00 Build Options Alternate ASBURY FORD JAX $22,750.00 Build Options

� � Central -- Primary ASBURY FORD JAX $22,650.00 Build Options Alternate BOZARD FORD $22,677.00 Build Options Alternate Duval Ford LLC $22,714.00 Build Options

Southern Primary BOZARD FORD $22,677.00 Build Options Alternate Duval Ford LLC $22,734.00 Build Options Alternate Alan Jay Ford Lincoln Mercury, Inc. $23,335.00 Build Options

7D - 4 # 138 FORD F-150 4x2 SUPER (XlC) SPEC/ITEM # CODE DESCRIPTION PRICE 138 vv STICK ON VENT VISORS (ADD $75 FOR 4 DOORS) $ 175.00 138 4CSTV 4 ROUND STYLE LED CORNER STROBES FRONT MOUNTED OUTSIDE $ 799.00 HEADLAMPS ON NON-POLICE UTILITY INTERCEPTORS, REAR INSTALLED IN CLEAR LENS OF TAIL LAMPS, ADD $50.00 FOR SPLIT COLOR

138 4CSTSM 4 6 LED THIN SURFACE MOUNT CORNER STROBES, ADD $50.00 FOR $ 899.00 SPLIT COLOR 138 2GL 2 3" LED GRILLE LAMPS, SPECIFY COLOR, ADD $25 FOR SPLIT COLOR $ 449.00

138 2TL 2 3" LED REAR TAG LAMPS, SPECIFY COLOR, ADD $25 FOR SPLIT COLOR $ 449.00 138 BUA AUDIBLE AFTERMARKET BACK UP ALARM --- $ 129.00 138 MAGLITE MAGLITE RL2019 RECHARGABLE FLASHLIGHT $ 189.00 138 STLIGHT STREAMLIGHT RECHARGABLE STINGER FLASHLIGHT $ 199.00 138 THMS1000 1000 WATT MODIFIED SINE WAVE POWER INVERTER WITH REMOTE $ 645.00

138 THMS1500 1500 WATT MODIFIED SINE WAVE POWER INVERTER WITH REMOTE $ 845.00

138 THMS2000 2000 WATT MODIFIED SINE WAVE POWER INVERTER WITH REMOTE $ 885.00

138 THMS3000 3000 WATT MODIFIED SINE WAVE POWER INVERTER WITH REMOTE $ 1,246.00

138 THPW600 600 WATT PURE SINE WAVE POWER INVERTER WITH REMOTE $ 779.00 138 THPW1000 1000 WATT PURE SINE WAVE POWER INVERTER WITH REMOTE $ 910.00 138 THPW1500 1500 WATT PURE SINE WAVE POWER INVERTER WITH REMOTE $ 1,079.00 138 THPW2000 2000 WATT PURE SINE WAVE POWER INVERTER WITH REMOTE $ 1,179.00 138 THPW3000 3000 WATT PURE SINE WAVE POWER INVERTER WITH REMOTE $ 1,489.00 138 3KR THIRD KEY WITH PROGRAMMED REMOTE $ 399.00 138 3KPATS THIRD KEY PATS (PASSIVE ANTI THEFT) ONLY, NO REMOTE $ 224.00 138 ECONLT STANDARD LAPTOP MOUNT WITH UNIVERSAL LAPTOP TRAY, STD $ 799.00 HAVIS OR JOTTO HD A-MOD 138 PREMLT PREMIUM LAPTOP MOUNT WITH UNIVERSAL LAPTOP TRAY, PREM $ 999.00 HAVIS OR GAMBER JOHNSON 138 UCOAT VALUGARD UNDERCOAT $ 650.00 138 LHSPOT DRIVER SIDE 6" HALOGEN SPOTLAMP, ADD $120 FOR LED $ 579.00 138 GOLITE LED PERMANENT MOUNT GO LITE SPOTLIGHT $ 699.00 138 DOME RED/WHITE 5" INTERIOR DOME LIGHT $ 179.00 138 SAFEKIT DOT, OSHA, ANSI COMPLIANT KIT, INCL SLB RECHARGABLE FIRE $ 299.00 EXTINGUISHER, 3 DOT TRIANGES IN PLASIC BOX, 10 PERSON BULK ANSI WEATHERPROOF FIRST AID KIT (PLASTIC CASE), BLOODBORNE PATHOGEN/BODY FLUID SPILL KIT (PLASTIC CASE), AUTOMOTIVE FUSES, EMERGENCY WINDOW HAMMER, LED FLASHLIGHT WITH BATTERIES 138 LEDFLARE SET OF 3 LED ROAD FLARES, SWIVEL HOOK AND MAGNETIC BACK, $ 179.00 BATTERIES INCLUDED

7D - 5 138 ROADKIT AAA APPROVED 76 PC ROAD EMERGENCY KIT, CARRY CASE, FIRST AID, 199.00 $ SURVIVAL TOOLS, l0FT JUMPER CABLES, AIR COMPRESSOR WITH GAUGE, EMERGENCY TRIANGLE. 138 OSF OUT OF STOCK FEES, TO COVER STOCKING AND FLOORPLAN EXPENSES $ 799.00 FOR VEHICLES PURCHASED OUT OF DEALER'S EXISTING INVENTORY

138 DTSF DEALER TRADE OUT OF STOCK FEES, TO COVER DEALER TRANSFER $ 1,500.00 FEES FOR VEHICLES THAT ARE TRANSFERRED FROM OTHER DEALERS

138 TINT DEALER INSTALLED WINDOW TINT, ADD $100 FOR STRIP ON $ 399.00 WINDSHIELD 138 WTTRC WEATHER TECH FLOOR LINERS FOR REGULAR CAB TRUCK $ 219.00 138 WTTSC WEATHER TECH FLOOR LINERS FOR SUPER AND CREW CAB TRUCK $ 299.00

138 AMBLB BROOKINGS AMBER 49" FIT LEGION LIGHTBAR ADD $50 FOR 54" BAR $ 1,459.00

138 AMBMLB WHELEN 16" AMBER MINI CENTURY LIGHTBAR ADD $39 FOR $ 899.00 AMBER/WHITE 138 BEACONS BROOKINGS 8 LED BEACON $ 399.00 138 BEACONlO BROOKINGS 10 LED BEACON $ 439.00 138 BEACON36 BROOKINGS 36 LED BEACON $ 518.00 138 NST NEW TAG (SPECIFIY STATE, CITY, COUNTY, SHERIFF} $ 185.00 138 TRANSFER TRANSFER EXISTING TAG REGISTRATION (MUST PROVIDE COPY OF $ 100.00 REGISTRATION} 138 TEMP 30 DAY TEMPORARY TAG $ 16.00 138 LWB 163" WHEELBASE, 8' BOX (INC. 2.7L ECOBOOST} $ 1,799.00 138 101A MANUFACTURER UPGRADE PKG 101A $ 1,391.00 138 99P 2. 7L V6 ECO BOOST $ 1,194.00 138 995 5.0L V8 $ 1,994.00 138 998 3.SL ECOBOOST $ 2,594.00 138 991 3.0L DIESEL (REQ. 924, 57Q*} $ 3,799.00 138 HOCK 3.31/3.55/3.73 ELOCKING AXLE. CONTACT DEALER FOR $ 569.00 COMPATIBILITY. 138 471 400W OUTLET (REQ. 76R REVERSE SENSING} $ 289.00 138 472 2KW POWER ON BOARD (N/A w/ 3.3L V6, 3.0L DIESEL, BiFUEL PREP $ 994.00 PKG) 138 SOM INTERIOR WORK SURFACE $ 164.00 138 sos CRUISE CONTROL $ 224.00 138 TOWPKG TRAILER TOW PKG, INC: 53A, CLASS IV TRAILER HITCH, 7-PIN WIRING $ 1,294.00 HARNESS, 7-PIN TO 4-PIN ADAPTER, TRAILER BRAKE CONTROLLER, BAR, 2" BALL, PIN, CLIP. (DOES NOT INCLUDE TRAILER TOW MIRRORS)

138 MAXTOW MAX TRAILER TOW PKG, INC: 53C, CLASS IV TRAILER ITCH, 7-PIN TO 4- $ 1,499.00 PIN ADAPTER, TRAILER BRAKE CONTROLLER, UPGRADED REAR BUMPER, LIMITED SLIP REAR AXLE, BAR, 2" BALL, PIN, CLIP (REQ. LWB - N/A w/ 2.7L ECOBOOST, REQ. 627 HD PAYLOAD PKG)

138 54Y/59S TRAILER TOW MIRRORS (N/A w/ 3.3L V6 RE $ 534.00 138 SSB BOXLINK $ 79.00

7D - 6 138 57Q REAR DEFROSTER (REQ. 924 PRIVACY GLASS) $ 219.00 138 595 FOG LAMPS $ 139.00 138 622 2.7L PAYLOAD PKG (REQ. 2.7L ECOBOOST, TOWPKG, INC: 3.73 $ 749.00 HOCKING REAR AXLE, 9.75" GEAR SET, N/A w/ MAX TOW 138 627 HD PAYLOAD PKG (REQ. MAXTOW) $ 1,694.00 138 63T TAILGATE STEP $ 429.00 138 655 EXTENDED RANGE FUEL TANK $ 444.00 138 76R REVERSE SENSING SYSTEM (REQ. TOWPKG, MAXTOW} $ 274.00 138 188 BLACK PLATFORM RUNNING BOARDS $ 249.00 138 85A BACKUP ALARM $ 144.00 138 924 PRIVACY GLASS (REQ. 57Q REAR DEFROST) $ 99.00 138 86A XL CHROME PKG $ 774.00 138 942 DAYTIME RUNNING LIGHTS $ 44.00 138 98G CNG/PROPANE GASEOUS PREP PKG (REQ. 995 5.0L V8 ENGINE} $ 349.00 138 96P DROP-IN LINER $ 349.00 138 96W FACTORY SPRAY LINER $ 594.00 138 908 ALUMINUM CROSS BED TOOLBOX BY WEATHERGUARD (DEFENDER $ 624.00 SERIES} (N/A w/ 96P) 138 90P PREMIUM ALUMINUM CROSS BED TOOLBOX BY WEATHERGUARD $ 794.00 (MODEL# 127-0-02) (N/A w/ 96P} 138 91P 8-WAY POWER DRIVER SEAT $ 349.00 138 43A CO-PILOT 360 (REQ. 101A PKG, 57Q REAR DEFROST, 924 PRIVACY $ 654.00 GLASS, 54R/54Y MIRRORS) 138 54R MANUAL FOLDING POWERGLASS SIDEVIEW MIRRORS w/ HEAT, TURN $ 304.00 SIGNAL (REQ. 43A) 138 615 STX PKG (REQ. 101A) $ 1,779.00 138 LINER DEALER INSTALLED TOFF BRAND LINER $ 525.00 138 ATB ALUMINUM CROSS BED TOOLBOX, CONTACT DEALER FOR BRAND $ 799.00 OPTIONS 138 FUEL TB 100 GALLON TRANSFER TANK, PUMP & HOSE $ 2,300.00 138 WGG WESTIN WRAP AROUND GRILLE GUARD (ADD $100 FOR WINCH PLATE) $ 1,899.00

138 M12000 WARN V12000 SERIES 12000 LB WINCH (REQ. WGG OR WTRAY) $ 2,298.00 138 VR12000 WARN V12000 SERIES 12000 LB WINCH (REQ. WGG OR WTRAY) $ 1,374.00 138 ZEON12 WARN ZEON12 12000 LB WINCH (REQ. WGG OR WTRAY) $ 1,805.00 138 M8000 WARN M8000 8000 LB WINCH (REQ. WGG OR WTRAY} $ 1,627.00 138 VR8000 WARN VR8000 8000 LB WINCH (REQ. WGG OR WTRAY) $ 1,290.00 138 WTRAY WESTIN MAX WINCH MOUNTING BUMPER TRAY $ 1,099.00 138 BACKRACK BACKRACK CAB PROTECTOR (ADD $150 FOR LIGHTBAR MOUNT} $ 799.00 138 SLRA SINGLE LADDER RACK, ALUMINUM FOR PICK UP $ 1,100.00 138 SMR STEEL MATERIAL RACK FOR PICKUP $ 1,950.00 138 AMR ALUMINUM MATERIAL RACK $ 2,600.00 138 ATB548 ALUMINUM SIDE TOOL BOX, 48" (PRICE PER SIDE) $ 499.00 138 ATB572 ALUMINUM SIDE TOOL BOX, 72" (PRICE PER SIDE) $ 599.00 138 CGl000 CARGO GLIDE 1000 LB PICKUP BED SLIDE $ 1,654.00 138 TG13TP27 TOMMY GATE G260 1342 TP27 STEEL PLATFORM 1300 LB $ 3,550.00 138 TG13TP38 TOMMY GATE G260 1342 TP38 2 PIECE STEEL 1300 LB $ 3,650.00 138 TG13EA27 TOMMY GATE G260 1342 EA27 ALUMINUM 1300 LB $ 4,125.00 138 TG13EA38 TOMMY GATE G260 1342 EA38 ALUMINUM 2 PIECE 1300 LB $ 4,250.00

7D - 7 138 TG13EA48 TOMMY GATE G260 1342 EA48 ALUMINUM 2 PIECE 1300 LB $ 4,525.00 138 RETRAX RETRACTABLE BED COVER $ 2,499.00 138 FGTC FIBERGLASS TONNEAU COVER, PAINTED TO MATCH $ 1,996.00 138 FCHT FIBERGLASS CAB HIGH TOPPER, FRONT, SIDE, REAR WINDOWS, $ 2,499.00 PAINTED TO MATCH 138 CNG CNG CONVERSION IN BED Bl-FUEL (REQ. GASEOUS PREP PKG 17 GGE, $ 13,990.00 ADD $1000 FOR 23 GE. 23 GGE N/A w/ 5.5 BED) 138 SEATCV SEAT COVERS FOR REG CAB (ADD $435 FOR SUPER OR CREW CAB REAR $ 435.00 SEATS)

ESP FORD FACTORY EXTENDED SERIVCE POLICIESARE AVAILABLE IN SEVERALPROTECTION PACKAGES AND DEDUCTIBLE LEVELS. ESP POLICIES RANGE TO 8 YEARS AND 150,000 MILES. PLEASE CONTACT DEALER FOR STATE REGULATED WARRANTY PRICING THAT SUITS YOUR NEEDS.

WHILE ALL CARE AND CONSIDERATION WERE PUT INTO ENSURING OPTION COMPATIBILITY, IT IS STRONGLY RECOMMENDED THAT PURCHASERS CONTACT DEALER FOR QUOTE.

ALL VEHICLES ARE CONSIDERED WHITE UNLESS OTHERWISE SPECIFIEDON PURCAHSE ORDER

7D - 8 AGENDA ITEM

March 2, 2021, City Council Meeting

Approved for Submittal By:

______Scott Morgan, City Manager To Be Presented By:

______Scott Morgan, City Manager

To: Honorable Mayor and Members of the West Melbourne City Council

From: Scott Morgan, City Manager

Date: March 2, 2021

SUBJECT

Community Development Block Grant Disaster Recovery Infrastructure Repair Program Grant Administration and Compliance Assistance Services

RECOMMENDATION

The City Manager recommends that City Council, by motion:

Select Summit Professionals, Inc. to perform grant administration and compliance assistance services and authorize the City Manager to enter into a professional services agreement with the firm. FISCAL IMPACT

The awarded grant totaling $2,206,191 provides for up to $107,913 for administrative expenses related to implementing the grant-funded project for constructing stormwater improvements in the City’s Melbourne Estates neighborhood.

7E - 1 March 2, 2021 DISCUSSION

Background

As authorized by City Council Resolution No. 2019-17, on August 27, 2019, the City of West Melbourne applied to the Florida Department of Economic Opportunity (DEO) for a federally- funded grant seeking to improve the drainage in the City’s Melbourne Estates neighborhood that suffered significant flood damage during Hurricane Irma. On January 30, 2020, the City was notified of the grant award, and on August 27, 2020, the City received the grant agreement document from the Department of Economic Opportunity. On September 24, 2020, the City Council accepted the agreement as presented by DEO and authorized the Mayor to sign the agreement on behalf of the City. On October 19, 2020, an authorized representative of DEO signed the grant agreement.

On January 29, 2021, the City issued a Request for Proposals (RFP) for administrative and grant compliance support services for the awarded grant. The RFP was posted on DemandStar, an RFP and bidding site used by most consulting firms and contractors, the RFP was posted on the City’s web site, and the RFP was direct mailed to the known providers of these type of services in the State of Florida. A copy of the RFP is attached as “Attachment 1”.

As of the February 23, 2021, RFP submission deadline, only one firm submitted a response to the City’s RFP. The responding firm was Summit Professional Services, Inc.

On February 24, 2021, three City representatives, City Manager Scott Morgan, Deputy City Manager/Capital Projects Director Keith Mills, and Finance Director Margi Starkey met as a selection committee to consider the proposal submitted. The group found the firm’s submittal to adequately document its excellent background, experience and qualifications to perform the needed grant administration and compliance support work. In addition, the City of West Melbourne has had successful direct experience with Summit Professional Services on similar Community Development Block grant projects in the past, where the firm assisted the City in achieving excellent documentation of grant condition compliance.

Recommendation

In sum, the selection committee recommends that the City Council select Summit Professional Services, Inc to perform grant administration and compliance assistance services and authorize the City Manager to enter into a professional services agreement with the firm. ATTACHMENT

1. Request for Proposals.

7E - 2 March 2, 2021 City of West Melbourne 2240 Minton Road West Melbourne, FL 32904 Phone 321-727-7700 Fax 321-768-2390

Request for Proposal

The City of West Melbourne will be receiving proposals at the Office of the City Clerk, West Melbourne City Hall, 2240 Minton Road, West Melbourne, FL 32904 for:

Community Development Block Grant Disaster Recovery (CDBG- DR) Infrastructure Repair Program Grant Administration and Compliance Assistance Services

The City of West Melbourne is seeking one qualified vendor to provide grant administration and compliance assistance services for an awarded State of Florida Department of Economic Opportunity (DEO) federally-funded CDBG-DR grant to the City of West Melbourne. The grant reference is DEO Agreement No. IR011, and a copy of the grant agreement is attached for individual and firm review prior to proposing in response to this RFP.

Proposal Due Date: 5:00 p.m. on Tuesday, February 23, 2021

Office of the City Clerk, West Melbourne City Hall, 2240 Minton Rd., West Melbourne, FL 32904 at the email address of [email protected].

1. PROPOSAL SUBMITTAL

Consultants shall submit by electronic mail their proposal(s) in a PDF format to the above referenced contact person, Cynthia Hanscom, with the subject line reading “PROPOSAL FOR CDBG-DR GRANT ADMINISTRATION AND COMPLIANCE SUPPORT SERVICES”, no later than 5:00 p.m., Tuesday February 23, 2021. To facilitate effective evaluation by the City, Statements of Qualifications shall be limited to a total of 40 pages. Minority Business Enterprise certification, statement on Public Entity Crimes, Appendix documentation, sectional dividers, and front and back covers will not be counted toward the total. Statements of Qualifications, which exceed this length, will be considered nonresponsive and will not be evaluated. Late proposals will be returned. Proposals will be evaluated as soon as possible after the submission deadline. Evaluation and selection will occur in accordance with the appropriate requirements at a time and place to be determined. At the discretion of the City, short lists may be developed and proposers may or may not be asked to give a short presentation or interview as part of the selection process. The City of West Melbourne supports Equal Opportunity Employment, Fair Housing and Providing Handicapped Access.

2. INFORMATION AND CLARIFICATION

For information concerning the proposal procedures, contact City Clerk Cynthia Hanscom via email: [email protected]. It is the proposer’s responsibility to request clarification on any aspects of the RFP prior to responding.

The deadline for questions from proposers is 5:00 p.m., Monday, February 15, 2021.

7E - 3 3. SELECTION OF VENDOR

Proposals shall be evaluated using the following criteria:

1. Demonstrated Capacity (20 points) Include Background, Services, and Capacity to Meet the City’s Grant Administration and Compliance Needs Under DEO Agreement No. IR011

2. Successful Similar Experience with Florida Local Governments Summary of Successful Completion of Previous Grant Administration and Compliance Services for Cities and Counties of CDBG- Funded Infrastructure utilizing DEO Grants (20 points)

3. Qualifications of Staff Proposed to be Assigned to Project (15 points)

4. Proposed Project Approach (10 points) Include Proposed Approach to Project

5. Reputation and Client References (10 points) Recent Local Government Clients

6. Certified Minority/Women Owned Business (10 points) Certification may be by state, federal, County or local government. The federal definition of MBE/WBE must be met.

7. Fee and Proposed Fee Basis Lowest Fee (15 points) Next Lowest Fee (13 Points) Next Lowest Fee (11 Points) Next Lowest Fee (9 Points) Next Lowest Fee (7 Points)

4. REQUEST FOR PROPOSAL SCHEDULE

TIMELINE FOR RFP – CDBG-DR GRANT ADMINISTRATION AND COMPLIANCE SUPPORT SERVICES (all times Eastern Standard)

January 29, 2021 RFP Released February 15, 2021 Deadline for Questions from Proposers February 17, 2021 City Addendum Response to Questions (if needed) February 23, 2021, 5:00 PM Proposal/Submittal Due Date and Time March 2, 2021 City Council Action (tentative date)

7E - 4

5. QUALIFICATIONS / EXPERIENCE OF PROPOSERS

As of this Solicitation’s due date, the Proposer must have been engaged, for a minimum of FIVE (5) CONSECUTIVE YEARS, in the provision of GRANT ADMINISTRATION AND COMPLIANCE ASSISTANCE. The Proposer must provide references establishing that the Proposer meets this requirement in the Proposer Qualification Statement Form. Additional documentation may be submitted with your Submittal Package. In the event the Proposer has previously performed work for this City, the City’s experience will be considered when evaluating and ranking proposals. The City reserves the right to utilize other sources (i.e. Better Business Bureau, State/Federal databases, etc.) for determining whether the Proposer meets this requirement. Proposals which do not demonstrate strict compliance with this requirement, or minimum similar and acceptable alternative experience, will be deemed non-responsive.

The Proposer must show proof of having met the above minimum requirement on the Proposer Qualification Statement Form. THE CITY WILL NOT ACCEPT ANY SUBSTITUTION FOR THIS FORM.

6. LICENSING

The successful Proposer must provide a copy of its occupational/business license and State registration at time of award. Florida state registration can be downloaded and printed via www.sunbiz.org.

7. PRICING

If the Proposer is awarded a contract under this RFP solicitation, the prices quoted by the Proposer will remain fixed and firm throughout the term of the contract. However, the Proposer may offer incentives and discounts from the quoted price to the City at any time. The City reserves the right to negotiate lower pricing for the initial and any additional term(s) based on market research information or other factors that influence price.

The City reserves the right to reject any price adjustments submitted by the proposer. Continuation of the contract beyond the initial term is a City prerogative, and not a right of the successful Proposer. This prerogative will be exercised only when such continuation is clearly in the best interest of the City.

8. PROPOSAL FORMAT AND SIGNATURES

Proposals must be typed or printed in black or blue ink only. Use of erasable ink is not permitted. All corrections must be initialed. Copies may be obtained from the City Clerk, 2240 Minton Rd., West Melbourne, FL 32904. Proposals are to be signed by the individual Proposer, or, if a business entity, by an authorized officer of the Proposer, whose printed name and title must appear under the signature.

The following items are required as part of the Proposer’s submittal. Failure to submit any of the items described in this section may result in a submittal being deemed nonresponsive. This list is not exhaustive, and does not include any submittal items expressly required elsewhere in this RFP. The format outlined below serves as a means for Proposers to organize how information is presented to the City in submittals.

7E - 5 • TITLE PAGE - Title Page must show the request for proposal’s title, the Proposer’s name, the name, address and telephone number of a contact person, and the date of the submittal.

• INTRODUCTION LETTER - The submittal package must contain a cover letter signed by a person who is authorized to commit the Proposer to perform the work included in the submittal, and should identify all materials and enclosures being forwarded in response to the RFP.

• TABLE OF CONTENTS

• QUALIFICATIONS

• EXPERIENCE

• STAFF QUALIFICATIONS - Identify person(s) to be assigned as the City’s main representative and primary contact.

• CITY FORMS - These forms are included in this solicitation document and identified in the Proposal Forms/Deliverables page.

9. INSURANCE REQUIREMENTS

At the time of award, the successful Proposer shall furnish a Certificate of Insurance and Declaration of Coverage Page showing the City of West Melbourne as additional named insured.

10. EXCEPTIONS TO SPECIFICATIONS

Exceptions to the specifications must be listed on and attached to the Proposal Submittal Form and must reference the pertinent section. Any exceptions to these sections may cause the submittal to be considered non-responsive.

11. ATTACHED FORMS

The following provides additional detail regarding some of the forms included with this RFP. A complete list of required forms is found on the Proposal Forms/Deliverables page.

a. Non-Collusion Affidavit

Each Proposer shall complete the Non-Collusion Affidavit and shall submit the executed form with the Proposal submittal. City considers the failure of the Proposer to submit this document to be a major irregularity and will result in submittals being considered non-responsive.

By offering a submission pursuant to this RFP, the Proposer certifies that the Proposer has not divulged, discussed or compared its response with other proposers or parties and has not colluded with any other proposers or parties to this Solicitation whatsoever. Also, the Proposer certifies, and in the case of a joint response, each Proposer thereto certifies, that:

7E - 6 i. In connection with this Proposal submittal, no attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition. ii. The only person, persons, principal, or principals interested in this Solicitation is/are named in the Proposal and that no other person or principal has any interest in this Solicitation or in the resulting contract. iii. No person or agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or established commercial agencies maintained by the Proposer for the purpose of doing business.

b. Compliance with Equal Employment Opportunity

The Proposer shall comply with Title VII of the Civil Rights Act of 1964 42 U.S.C. Section 2000e et seq., Section 504 of the Rehabilitation Act of 1973 29 U.S.C Section 701 et seq., and Title I of the Americans with Disabilities Act, 42 U.S.C Section 12101as of 1990 in that: No person in the United States shall on the grounds of race, creed, color, national origin, sex, age, political affiliation, beliefs or disability be subject to discrimination under any program or activity which the Proposer has agreed to undertake by and through the covenants, and provisions set forth in this Contract.

c. Public Entity Crimes

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal to provide any goods or services to a public entity, may not submit a Proposal with a public entity for the construction or repair of a public building or public work, may not submit a Proposal on lease of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in F.S. 287.017 for CATEGORY TWO for a period of Thirty-Six (36) months from the date of being place on the convicted vendors list.

d. Tie Submittal Certification

Whenever two or more proposals that are judged equal in aggregate with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented drug-free workplace and e-verify programs will be given preference in the award process. Established procedures for processing tie proposals /submittals will be followed if none of the tied vendors have a drug-free workplace or e-verify program.

The above referenced forms are included in the Proposal Forms/Deliverables section of this Solicitation. Please ensure that you read these forms, and all others contained within this section thoroughly, and return them signed and notarized where required. Proposals received with incomplete forms may be deemed unresponsive.

END OF SECTION

7E - 7 GENERAL CONDITIONS

1. Termination/Cancellation Clause

The City has the right to unilaterally cancel, terminate or suspend this Contract, in whole or in part, if the City deems performance has not been satisfactory.

2. Cost of Preparation

The City will not be responsible for any expenses incurred by proposers for the preparation of a statement of qualifications related to this procurement, or for any negotiations related to potential award of the Contract.

3. Examination of Documents

The Proposer must thoroughly examine each section of this RFP. If there is any doubt or obscurity as to the meaning of any part of these conditions, the Proposer may request clarification by written request to the City Clerk via email ([email protected]) no later than February 15, 2021 by 5:00 pm. Interpretations or clarification in response to such questions will be issued in the form of a written addendum, published on DemandStar. Proposers who wish to receive emailed notification of published addendum, may request this by emailing the City Clerk ([email protected]). However, the City takes no responsibility to insure that proposers have received such addenda. Proposers remain solely responsible for reviewing DemandStar and/or the City’s website for updates. No person is authorized to give oral interpretations of, or make oral changes to the RFP. The issuance of a written addendum is the only official method whereby such an interpretation or clarification is made.

4. Withdrawal of RFP

A proposer may, without prejudice, withdraw, modify, or correct the statement of qualifications after it has been deposited with the City, provided the request and any subsequent modifications and/or corrections are filed with the City in writing before the time for receipt of the submittals. No oral modifications will be considered.

5. Governmental Restrictions

In the event that any governmental restrictions are imposed which would necessitate alteration of the performance of the services offered in this RFP prior to delivery, it is the responsibility of the Proposer to notify the City at once. The City reserves the right to accept the alteration or cancel the Contract at no expense to the City.

6. Submission of Proposal

(i) Incurred Expenses

The City is not responsible for any expenses which Proposers may incur for preparing and submitting statements of qualifications called for in this Request for Proposals.

7E - 8 (ii) Interviews

The City reserves the right to conduct interviews or require presentations prior to selection (although this is not currently scheduled). The City will not be liable for any costs incurred by the Proposer in connection with such interviews/presentations (i.e. travel, accommodations, etc.).

(iii) Request for Modifications

The City reserves the right to request that the Proposer(s) modify a submittal to more fully meet the needs of the City.

(iv) RFP Acknowledgment

By submitting a response, the Proposer certifies that they have fully read and understands the proposal method and has full knowledge of the scope, nature, and quality of work to be performed.

(v) Acceptance/Rejection/Modification to Submittals

The City reserves the right to negotiate modifications to proposals that it deems acceptable, reject any and all proposals, and to waive minor irregularities in the submittals.

(vi) Submittals Binding

All proposals and pricing submitted will be binding for three hundred sixty-five (365) calendar days following opening.

(vii) Alternate Proposals

An alternate proposal will not be considered or accepted by the City.

(viii) Economy of Preparation

Proposals should be prepared simply and economically, providing a straightforward, concise description of the Proposer’s ability to fulfill the requirements of the proposal.

(ix) Proprietary Information

In accordance with Chapter 119 of the Florida Statutes (Public Records Law) and except as may be provided by other applicable State and Federal Law, all Proposers should be aware that Request for Bids/Qualifications/Proposals and the responses are in the public domain. However, the Proposers are required to identify specifically any information contained in their Proposals which they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law.

7E - 9 All proposals/submittals received from Proposers in response to this Request for Proposal will become the property of the City of West Melbourne and will not be returned to the Proposer. In the event of contract award, all documentation produced as part of the contract will become the exclusive property of the City.

7. Compliance with Orders and Laws

The successful Proposer shall comply with all local, state, and federal directives, ordinances, rules, orders, and laws as applicable to this RFP and subsequent contracting including, but not limited to:

• Title VII of the Civil Rights Act of 1964 42 U.S.C. Section 2000e et seq., Section 504 of the Rehabilitation Act of 1973 29 U.S.C Section701 et seq., and Title I of the Americans with Disabilities Act, 42 U.S.C Section 12101as of 1990 • Occupational, Safety and Health Act (OSHA) • The State of Florida Statutes Section 287.133(3)(A) on Public Entity Crimes • Environment Protection Agency (EPA) • Uniform Commercial Code (Florida Statutes, Chapter 672) • American with Disabilities Act of 1990, as amended • National Institute of Occupational Safety Hazards (NIOSH) • National Forest Products Association (NFPA) • State of Florida Department of Transportation- Rule 14-90, Florida Admin. Code • U.S. Department of Transportation • The State of Florida Statutes Sections 218.73 and 218.74 on Prompt Payment

Proposer hereby recognizes and certifies that no elected official, board member, or employee of the City of West Melbourne (the “City”) may have a financial interest directly or indirectly in this transaction or any compensation to be paid under or through this transaction, and further, that no City employee, nor any elected or appointed officer (including City Council members) of the City, nor any spouse, parent or child of such employee or elected or appointed officer of the City, may be a partner, officer, director or proprietor of Proposer, and further, that no such City employee or elected or appointed officer, or the spouse, parent or child of any of them, alone or in combination, may have a material interest in the Proposer. Material interest means direct or indirect ownership of more than 5% of the total assets or capital stock of the Proposer. Any exception to these above described restrictions must be expressly provided by applicable law or ordinance and be confirmed in writing by City. Proposer must complete and execute the Business Entity Affidavit form. The term “Proposer,” as used herein, include any person or entity making a submittal herein to City or providing goods or services to City.

Lack of knowledge by the Proposer will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of contract(s).

Copy of City of West Melbourne Ordinances may be obtained from the City of West Melbourne City Clerk’s Office.

7E - 10 8. Florida Government in the Sunshine Law

As a Florida municipal corporation, the City of West Melbourne is subject to the Florida Sunshine Act and Public Records Law. By submitting a Proposal, Proposer acknowledges that the materials submitted with the Proposal and the results of the City of West Melbourne evaluation are open to public inspection upon proper request, and that the Evaluation Committee meeting and City Council meeting at which proposals will be considered are open to the public. Proposer should take special note of this as it relates to proprietary information that might be included in its Proposal.

9. Cancellation

In the event any of the provisions of this proposal are violated by the Awarded Proposer, the City Manager will give written notice to the Awarded Proposer stating the deficiencies and, unless deficiencies are corrected within ten (10) days, recommendation will be made to the City Council for immediate cancellation. The City Council of West Melbourne, Florida reserves the right to terminate any contract resulting from this invitation at any time and for any reason, upon giving thirty (30) days prior written notice to the other party. No consideration will be given for anticipated loss of revenue on the canceled portion of the Contract.

10. No Assignment

The Awarded Proposer may not assign, transfer, convey, sublet or otherwise dispose of this contract, including any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City of West Melbourne.

11. Termination for Default

If the Awarded Proposer defaults in its performance under this Contract and does not cure the default within thirty (30) days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of West Melbourne. In such event, the Awarded Proposer will be liable for damages including the excess cost of procuring similar supplies or services, provided that if: (1) it is determined for any reason that the Awarded Proposer was not in default, or (2) the Awarded Proposer’s failure to perform is without his control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of West Melbourne.

12. Alternative Service Providers

At such times as may serve its best interest, the City reserves the right to advertise for, receive, and award additional contracts for these herein services, and to make use of other contracts for the purchase of these goods and/ or services as may be available.

7E - 11

13. Public Records, Audit Rights and Records Retention

Upon award recommendation or thirty (30) days after the opening of RFP responses, whichever is earlier, any material submitted in response to this Request for Proposals will become a “Public Record” subject to public disclosure consistent with Chapter 119, Florida Statutes (Public Record Law). Proposers must claim any applicable exemptions to disclosure provided by law in their response to the Request for Proposals by identifying materials to be protected and must state the reasons why exclusion from public disclosure is necessary and legal. The City reserves the right to make any final determination on the applicability of the Public Records Law. The Awarded Proposer agrees to provide access to the City, or any of its duly authorized representatives, to any books, documents, papers, and records of the Awarded Proposer which are directly pertinent to the contract, for the purposes of audit, examination, excerpts, and transcriptions. The Awarded Proposer shall maintain and retain any and all of the aforementioned records after the expiration and/or termination of the agreement, as provided by Chapter 119, Florida Statutes.

14. Capital Expenditures

Awarded Proposer understands that any capital expenditures that the Awarded Proposer makes, or prepares to make, in order to perform the services required by the City of West Melbourne, is a business risk which the Awarded Proposer must assume. The City of West Melbourne will not be obligated to reimburse amortized or unamortized capital expenditures, any other expenses, or to maintain the approved status of the Awarded Proposer. If Awarded Proposer has been unable to recoup its capital expenditures during the time it is rendering such services, it will not have any claim upon the City of West Melbourne.

15. Governing Law and Venue

The validity and effect of the Contract is governed by the laws of the State of Florida. The parties agree that any administrative or legal action, mediation, or arbitration arising out of this Contract will take place in Brevard County, Florida.

16. Attorney Fees

In connection with any litigation, mediation, or arbitration arising out of this Contract, each party is responsible for its own attorney’s fees and costs.

17. No Partnership or Joint Venture

Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of West Melbourne and Awarded Proposer, or to create any other similar relationship between the parties.

7E - 12

18. Terms and Conditions of Agreement

The Agreement to be entered into with the Awarded Proposer will include, but not be limited to, the following terms and conditions:

a. The Awarded Proposer agrees to indemnify, defend and hold harmless the City, its officers, elected officials, agents, volunteers and employees, from and against any and all liability, claims, demands, damages, fines, fees, expenses, penalties, suits, proceedings, actions and cost of action, including attorney’s fees for trial and on appeal, and of any kind and nature arising or growing out of or in any way connected with the performance of the Agreement whether by act or omission of the Awarded Proposer, its agents, servants, employees or others, or because of or due to the mere existence of the Agreement between the parties; unless said claim for liability is caused solely by the negligence of the City or its agents or employees.

b. The Awarded Proposer shall pay all royalties and assume all costs arising from the use of any invention, design, process materials, equipment, product or device which is the subject of patent rights or copyrights. Awarded Proposer shall, at its own expense, hold harmless and defend the City against any claim, suit or proceeding brought against the City which is based upon a claim, whether rightful or otherwise, that the goods or services, or any part thereof, furnished under the contract, constitute an infringement of any patent or copyright of the United States. The Awarded Proposer shall pay all damages and costs awarded against the City.

c. An understanding and agreement, by and between the Awarded Proposer and the City, that the completion time as specified in Awarded Proposer’s submission will be met and that all work must be executed regularly, diligently, and uninterrupted at such rate of progress as will ensure full completion thereof within the time specified.

END OF SECTION

7E - 13 SCOPE OF SERVICES

1. SCOPE OF SERVICES

Grant administration and compliance assistance services shall include, but not be limited to:

• Coordinating the required environmental review and preparing environmental clearance documents, including the proposed release of funds notification, for the City’s review, consideration and determination.

• Civil engineering procurement assistance.

• Preparation and maintenance of contract compliance files, reports and documentation necessary to help insure the City’s timely compliance with all grant conditions to the satisfaction of the City of West Melbourne and DEO.

• Additional technical assistance as may be required to help insure successful project completion and City adherence to grant requirements, as requested by the City.

Procurement and contracting of all services shall conform to DEO guidelines and state and federal regulations including 2 CFR, Part 200. Proposals shall be reviewed by a selection committee, ranked based upon the following criteria, and negotiation for the grant administration and compliance assistance contract shall follow the order of ranking from highest to lowest score. Contingent upon successful ranking of proposals and negotiation of contracts, nothing shall preclude the City from selecting a single, qualified firm to provide all the services needed under this RFP.

END OF SECTION

7E - 14 PROPOSAL FORMS / DELIVERABLES

THE FOLLOWING MATERIALS ARE CONSIDERED ESSENTIAL AND NON-WAIVABLE FOR ANY RESPONSE TO A REQUEST FOR PROPOSAL.

PROPOSERS MUST SUBMIT THE FORMS LISTED BELOW IN THE EXACT SEQUENCE PROVIDED, INCLUDING INSERTION OF DOCUMENTS WHERE SPECIFIED, AND CHECK THE CORRESPONDING BOX ON THE SOLICITATION RESPONSE IDENTIFICATION LABEL (EXHIBIT “D”) TO BE AFFIXED TO THE EXTEROR OF THE SUBMITTAL.

LIST OF ATTACHED FORMS:

• Proposal Submittal Form • Certification of Solicitation Requirements • Contact Information Worksheet • Proposer Qualification Statement • Business Entity Affidavit • Non-Collusion Affidavit • No Contingency Affidavit • Equal Employment Opportunity Certification • Public Entity Crimes (Sworn Statement) • Drug Free Workplace and E-Verify Program • Anti-Kickback Affidavit • Proposer’s Certification • Certificate of Authority • Tie Submittal Form

7E - 15 AGENDA ITEM

March 2, 2021, City Council Meeting

Approved for Submittal By:

______Scott Morgan, City Manager To Be Presented By: Margi Starkey ______Margi Starkey, Finance Director

To: Honorable Mayor and Members of the West Melbourne City Council

Through: Scott Morgan, City Manager

From: Margi Starkey, Finance Director

Date: March 2, 2021

SUBJECT

Comprehensive Annual Financial Report RECOMMENDATION

The Finance Director recommends that the City Council, by motion,

Receive and file the Comprehensive Annual Financial Report (CAFR) for the Fiscal Year ended September 30, 2020. FISCAL IMPACT

There is no fiscal impact of receiving this information.

8A - 1 March 2, 2021 DISCUSSION AND BACKGROUND

Background

State law requires that each general purpose local government annually produce a complete set of audited financial statements. The Finance Department has prepared the City’s financial statements for the year ended September 30, 2020. Carr, Riggs & Ingram, LLC, the City’s independent auditors, has audited the City’s financial statements and has issued a letter opining that the City’s financial statements fairly represent the City’s financial position as of September 30, 2020.

Summary of Financial Results

For the fiscal year ended September 30, 2020, the City saw an overall increase in net position of $8,943,370. Summary results for fiscal year ending September 30, 2020 for various funds follows.

Water and Sewer Enterprise

The City’s water and sewer enterprise fund experienced an increase in net position of $4,418,969, while having a decrease in the total of cash and cash equivalents and investments of $704,955. Operating activities provided a positive net cash flow of $5,384,908. Capital and related financing activities used $3,898,184. The enterprise fund unrestricted net position stood at $19,450,194 and unrestricted cash and cash equivalents stood at $1,276,709 as of September 30, 2020.

General Fund

Total fund balance in the general fund increased $1,628,406 for the fiscal year ending September 30, 2020, most notably due to a decrease in capital projects expenditures.

The City has built a substantial unassigned fund balance in the general fund over the past several years primarily to self-fund large capital projects. At September 30, 2020, the unassigned general fund balance was $5,435,930, which represented 42.01% of total fiscal year 2019-2020 general fund expenditures of $12,939,094. This reserve provides the City with the ability to fund one-time general funded capital improvements without the issuance of debt, valuable flexibility in the event of an emergency, and preparedness to operate with a minimum of cutbacks during the next inevitable recession. A summary of general fund income statement comparisons for the last three fiscal years is shown on the following page.

8A - 2 March 2, 2021 Summary General Fund Income Statement Comparisons

Fiscal Year Ended 9/30/2020 9/30/2019 9/30/2018

Revenues $14,903,719 $16,964,946 $15,785,376

Expenditures

General government 2,240,023 2,173,463 1,982,479

Public safety 7,022,168 6,836,498 6,363,198

Public works 1,404,934 1,420,102 1,414,085

Recreation 853,610 832,786 724,950

Community development 350,457 320,094 313,823

Capital outlay 1,067,902 3,828,024 7,379,062

Debt service - - 110,624

Total expenditures 12,939,094 15,410,967 18,288,221

Net other financing sources (uses) (336,219) (289,929) (77,355)

Net change in fund balance $1,628,406 $1,264,050 $(2,580,200)

Community Redevelopment Agency

During fiscal year 2019-2020, the West Melbourne-Brevard County Joint Community Redevelopment Agency received $426,386 in tax increment revenues. The year-end fund balance is $452,672.

8A - 3 March 2, 2021 Recreation Special Revenue Fund

Funded by residential developers who have elected to pay a fee in lieu of constructing park improvements, the recreation fund had a year-end committed fund balance of $722,523. During fiscal year 2019-2020, the Recreation Special Revenue Fund had revenue of $22,516 and expended $6,000 on architectural services for the renovation of the Clements Woos Park restroom.

Stormwater Utility Fund

The Stormwater Utility Special Revenue Fund, which is funded by stormwater utility fees, recorded an increase in fund balance in the amount of $376,859, bringing the year-end assigned fund balance to $(150,612). This negative fund balance will be eliminated with future stormwater utility fees and a limitation on capital projects.

Capital Projects Fund

The Capital Projects Fund had revenues of $4,004,913 including $3,991,000 in transportation impact fees and investment earnings of $13,913, resulting in a net increase in fund balance. The fund balance in the Capital Projects Fund at September 30, 2020 was $4,572,680.

Vehicle Replacement Fund

The Vehicle Replacement Fund is funded through transfers from other funds for the future purchase of vehicles. Transfers into this fund during the fiscal year were $493,400.

Police Pension Trust Fund

One of the most significant long-term obligations of the City is to fund the non-employee, non-State share of the defined benefit pension plan benefitting the City’s sworn police officers. The CAFR reflects that the City once again contributed more than the actuarially determined minimum. Assets of the fund increased from a market value of $15,705,656 at September 30, 2019, to a market value of $17,507,834 at September 30, 2020. Total pension liability increased from $16,325,252 at September 30, 2019, to $17,723,301 at September 30, 2020. The net pension liability at September 30, 2020, was $215,467. The fiduciary net position as a percentage of total pension liability stood at 98.78% at fiscal year-end. Management’s goal continues to be to more than adequately fund the Police Pension Plan so as to assure our sworn officers of the long-term viability of their pension plan and to reduce future year City pension payment obligations.

8A - 4 March 2, 2021 Recommendation

After the Finance Director provides a brief overview of the City’s financial results, Mayor Rose should call on Yvonne Clayborne, CPA of Carr, Riggs & Ingram for a brief overview of the audit.

ATTACHMENT

1. City of West Melbourne Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 2020.

COPY

1. Yvonne Clayborne, CPA Carr, Riggs & Ingram, LLC

8A - 5 March 2, 2021 ATTACHMENT 1

CITY OF WEST MELBOURNE COMPREHENSIVE ANNUAL FINANCIAL REPORT

FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2020

West Melbourne FLORIDA _....------�

Prepared by: THE FINANCE DEPARTMENT 8A - 6 CITY OF WEST MELBOURNE, FLORIDA

CITY COUNCIL HAL J. ROSE, MAYOR JOHN DITTMORE, DEPUTY MAYOR DANIEL BATCHELDOR, COUNCIL MEMBER PAT BENTLEY, COUNCIL MEMBER ADAM GAFFNEY, COUNCIL MEMBER BARBARA SMITH, COUNCIL MEMBER ANDREA YOUNG, COUNCIL MEMBER

CITY MANAGER SCOTT MORGAN

CITY ATTORNEY MORRIS RICHARDSON

FINANCE DIRECTOR MARGI STARKEY

8A - 7 City of West Melbourne, Florida Table of Contents September 30, 2020

INTRODUCTORY SECTION Table of Contents 1 City Manager's Letter of Transmittal 5 Principal Officials 9 City of West Melbourne, Florida Organizational Chart 10 Certificate of Achievement for Excellence in Financial Reporting 11

FINANCIAL SECTION Independent Auditors’ Report 13 Management’s Discussion and Analysis 17 Basic Financial Statements: Government-wide Financial Statements: Statement of Net Position 28 Statement of Activities 30 Fund Financial Statements: Balance Sheet – Governmental Funds 32 Statement of Revenues, Expenditures and Changes in Fund Balances – Governmental Funds 34 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities 35 Statement of Net Position – Proprietary Fund 36 Statement of Revenues, Expenses and Changes in Fund Net Position – Proprietary Fund 39 Statement of Cash Flows – Proprietary Fund 40 Statement of Fiduciary Net Position – Police Officers’ Pension Trust Fund 42 Statement of Changes in Fiduciary Net Position – Police Officers’ Pension Trust Fund 43 Notes to Financial Statements 45 Required Supplementary Information: Required Pension Supplementary Information – Schedule of Proportionate Share of Net Pension Liability – Last Six Fiscal Years 92 Required Pension Supplementary Information – Schedule of Contributions Florida Retirement System – Last Six Fiscal Years 94 Required Pension Supplementary Information – Schedule of Changes in Net Pension Liability and Related Ratios – Last Eight Fiscal Years 96 Required Pension Supplementary Information – Schedule of Contributions – Last Eight Fiscal Years 98 Required Pension Supplementary Information – Schedule of Investment Returns – Last Eight Fiscal Years 100 Required Pension Supplementary Information – Notes to Schedule 101

- 1 - 8A - 8 City of West Melbourne, Florida Table of Contents September 30, 2020

Required Other Postemployment Benefits Supplementary Information – Schedule of Changes in OPEB Liability and Related Ratios – Last Three Fiscal Years 105 Schedule of Revenues, Expenditures and Changes in Fund Balances – Budget and Actual – General Fund 106 Schedule of Revenues, Expenditures and Changes in Fund Balances – Budget and Actual – Community Redevelopment 107 Budgetary Notes to Required Supplementary Information 108 Combining and Individual Fund Statements and Schedules: Combining Balance Sheet – Nonmajor Governmental Funds 112 Combining Statement of Revenues, Expenditures and Changes In Fund Balances – Nonmajor Governmental Funds 113 Schedule of Revenues, Expenditures and Changes in Fund Balances – Budget and Actual – Recreation Fund 114 Schedule of Revenues, Expenditures and Changes in Fund Balances – Budget and Actual – Stormwater Utility Fund 115 Schedule of Revenues, Expenditures and Changes in Fund Balances – Budget and Actual – Vehicle Replacement Fund 116 Schedule of Revenues, Expenditures and Changes in Fund Balances – Budget and Actual – Capital Projects Fund 117 Schedule A1 – Net Position by Component 123 Schedule A2 – Changes in Net Position – Governmental Activities 124 Schedule A3 – Changes in Net Position – Business Type Activities 125 Schedule A4 – Changes in Net Position – Total Government 126 Schedule A5 – Fund Balances – Governmental Funds 127 Schedule A6 – Changes in Fund Balances – Governmental Funds 128 Schedule B1 – Assessed Value and Estimated Actual Value of Taxable Property 129 Schedule B2 – Tax Revenues by Source – Governmental Funds 130 Schedule B3 – Other Non-Source Governmental Revenues 131 Schedule B4 – Water and Sewer Consumption - Rates and Revenue 132 Schedule B5 – Direct and Overlapping Property Tax Rates 133 Schedule B6 – Principal Property Taxpayers 134 Schedule B7 – Property Tax Levies and Collections 135 Schedule C1 – Ratio of Outstanding Debt by Type 136 Schedule C2 – Direct and Overlapping Governmental Activities Debt 137 Schedule C3 – Pledged Revenue Coverage 138 Schedule C4 – Ratios of General Bonded Debt Outstanding 139 Schedule C5 – Legal Debt Margin Information 139 Schedule D1 – Demographic and Economic Statistics 140 Schedule D2 – Principal Employers 141 Schedule E1 – Employees by Function/Program 142 Schedule E2 – Operating Indicators by Function/Program 143 Schedule E3 – Capital Asset Statistics by Function/Program 144

- 2 - 8A - 9 City of West Melbourne, Florida Table of Contents September 30, 2020

REPORTS ON INTERNAL CONTROL AND COMPLIANCE MATTERS Independent Auditors’ Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 145 Independent Auditors’ Management Letter 149 Independent Accountants’ Report on Compliance with Local Government Investment Policies 153

SECONDARY MARKET DISCLOSURES Anti-Dilution Test 157 Historical Non-Ad Valorem Revenues 158

- 3 - 8A - 10 THIS PAGE IS INTENTIONALLY LEFT BLANK.

- 4 - 8A - 11 MAYOR Hal J. Rose City Hall 2240 Minton Road DEPUTY MAYOR West Melbourne, FL 32904 John Dittmore Phone: (321) 727-7700 Fax: (321) 768-2390 COUNCIL MEMBERS www.westmelbourne.org Daniel Batcheldor Pat Bentley Daniel McDow Stephen Phrampus Andrea Young

March 2, 2021

To the Honorable Mayor, Members of the City Council, and Citizens of the City of West Melbourne:

The Comprehensive Annual Financial Report of the City of West Melbourne, Florida (the “City”), for the fiscal year ended September 30, 2020 is hereby submitted pursuant to Florida Statutes Chapter 218.39 and Chapter 10.550 of the Rules of the Auditor General of the State of Florida.

Management assumes full responsibility for the completeness and reliability of the information contained in this report, based upon a comprehensive framework of internal control that it has established for this purpose. Because the cost of internal control should not exceed anticipated benefits, the objective is to provide reasonable, rather than absolute, assurance that the financial statements are free of any material misstatements.

Carr, Riggs & Ingram, LLC, Certified Public Accountants, have issued an unmodified (“clean”) opinion on the City of West Melbourne’s financial statements for the year ended September 30, 2020. The independent auditors’ report is located at the front of the financial section of this report.

Management’s discussion and analysis (MD&A) immediately follows the independent auditors’ report and provides a narrative introduction, overview, and analysis of the basic financial statements. MD&A complements this letter of transmittal and should be read in conjunction with it.

Profile of the government

The City of West Melbourne was founded in 1959 and incorporated on July 2, 1970, as a political subdivision of the State of Florida. It is located in east central Florida within Brevard County. It currently occupies 10.3 square miles and has an estimated population of 25,385. The City is empowered to levy a property tax on real property located within its boundaries, which the City has levied continuously since fiscal year 2006. It also is empowered by state statute to extend its corporate limits by annexation, which it has done from time to time.

The City of West Melbourne has operated under the council-manager form of government since 1970. Policy making and legislative authority are vested in the City Council consisting of the mayor and six other members, all elected on a non-partisan basis. Council members, since 2014, serve staggered four year terms, and are elected to represent the City at large. The Council appoints the City Attorney and City Manager. The City Manager appoints the heads of various City departments. The City of West Melbourne provides a full range of services, including police protection services, street maintenance and construction, building inspections, parks and recreation amenities, and

- 5 - 8A - 12 stormwater planning and construction. The City also operates a water distribution and sewer collection and treatment system, both systems of which are a single legal enterprise and reported as a proprietary fund.

The annual budget serves as the foundation for the City’s financial planning and control. Budgetary control is maintained to ensure compliance with legal provisions embodied in the annual appropriated budget approved by the City Council. The Council is required to hold two public hearings and adopt a final budget by no later than September 30th of each year.

Budget-to-actual comparisons are provided in this report for each governmental fund for which an appropriated annual budget has been adopted. This comparison is presented as part of the Required Supplementary Information.

Local Economy

The City of West Melbourne is located in east central Florida, approximately forty five miles south of the Kennedy Space Center and encompassing an area of 10.3 square miles. The area is a major hub for technology driven industry such as RELM Wireless, Lockheed Martin, Confluent RF Systems, Mack Technologies, Terry Laboratories and USSI. Corporate headquarters, manufacturers, and technology oriented companies are located within the City of West Melbourne limits. The City’s diverse business community includes traditional businesses, which encompass retail and wholesale trade, transportation, the utilities sector, the professional and business services sector, real estate, finance, and the construction sector, both light manufacturing and military contractors. The City remains attractive to such a vibrant mix of businesses because it maintains one of the lowest tax rates in Brevard County, which has given the City an edge as a better place to do business. The City continues to pursue technology oriented manufacturing, warehousing/distribution, and professional service companies seeking a competitive advantage in the marketplace.

The City has established an economic enhancement district (WAVE District) to allow access to state and federal job creation incentives, a tax abatement program to reduce operating expenses for manufacturers selecting West Melbourne, and has initiated a redevelopment and capital improvement program to focus public infrastructure improvements on its commercial corridors and business parks.

In 1970, West Melbourne’s population was approximately 3,050. Since 2000, the city has experienced the highest population growth percentage of any municipality in Brevard County. The most recent State population estimate for the City is 25,385. The population in the City is relatively young and well-educated with over 45% of its population under the age of 45. With a comparatively high median household income, combined with a relatively young and well-educated population, the City has ideal market conditions for the continued development of high-technology, knowledge-based businesses, as well as traditional businesses and service providers.

As a consequence of the global COVID-19 pandemic, the unemployment rate for the State of Florida and Brevard County increased in 2020. As of September 30, 2020, the unemployment rate in the United States was 7.8%, an increase from 3.6% a year earlier. For Brevard County, the unemployment rate was 5.2%, up from 2.8% a year earlier as reported by the Florida Department of Economic Opportunity. It is expected that the unemployment rate for Brevard County will drop in 2021 as COVID-19 vaccinations become more widespread and the release of some pent up consumer demands increase consumer spending.

- 6 - 8A - 13 Long-term financial planning and major initiatives

The City’s strategic plans for its long-term financial planning and budgeting are crafted with a strong foundational financial position that has been balanced with deliberate thought to our resources, while reducing already healthy levels of debt. The City Council and the City Manager understand the need for expansion to meet the City’s increasing population, and the resultant demands that such expansion will place on City resources. The City has determined that it will maintain a minimum fund balance reserve of 20% of the annual general fund expenditures, a rate that management considers to be a prudent reserve level for meeting unanticipated expenditure requirements, a major revenue shortfall, or an emergency.

The City is also cognizant of the other cities’ financial challenges. At the end of the current fiscal year, the unrestricted fund balance (which is the total of the committed, assigned, and unassigned components of the fund balance) in the general fund, was 42% of total general fund expenditures. This is a strong position which reduces the need to borrow to finance future construction and expansion projections.

Recent strategic projects for the City of West Melbourne include completion of sanitary sewer extensions along U.S. 192 and Fell Road capable of serving unserved properties that can be annexed into the City in the future, the start of a largely grant funded septic to sewer neighborhood conversion project for the Sylvan Drive neighborhood, the design of a new water main to serve properties west of Interstate 95 in the vicinity of U.S. 192, and completion of an engineering feasibility study for the future development of a new City potable water production plant. In addition, an expansion and renovation of the police station has been completed and various roadway improvement projects are in design. The cost of all these initiatives have been funded without the issuance of new debt.

Since 2000, the City of West Melbourne has been, by percentage, the fastest growing municipality in Brevard County. Since 2010, the City’s population has grown 38.3%. In calendar year 2020, the City issued 261 building permits for new single family homes, and four new apartment developments opened for business. Building permit valuations, representing both residential and commercial activity, totaled $186.2 million in calendar year 2020. Robust near term residential and commercial development is anticipated to continue into 2021. This is expected to be both with continued infill site commercial development, as well as a declining number of remaining opportunities within three large commercial centers in the City that still have a few remaining commercial parcels that can yet be developed. These are the Hammock Landing, Coastal Commerce, and the West Melbourne Interchange Centers.

The City Council has updated the Capital Improvements Element of the Comprehensive Plan in accordance with Florida Statues 163.3177(3)(b), and management has projected the capital improvement program for the next five years as financially feasible. The 2021 to 2025 projection matches future sources of revenues with planned capital expenditures that incorporate long range plans of the City, with major water projects estimated at $45.6 million, sewer projects estimated at $14.5 million, stormwater system improvements at $6.6 million, and transportation system improvements estimated at $5.2 million. Combined capital improvements for all major and secondary projects are estimated at $73.2 million over the five year span.

The millage rate for the City of West Melbourne was 2.6017 for fiscal year 2019 - 2020. This was unchanged from the fiscal year 2018 – 2019 millage rate of 2.6017.

- 7 - 8A - 14 The City was reviewed by Standard and Poors (S&P) on February 23, 2018. S&P upgraded the 2010D Florida Municipal Loan Council revenue bonds from AA- to AA. These bonds were fully defeased on October 1, 2020.

Relevant Financial Policies

The City of West Melbourne has a policy that requires the adoption of a balanced annual operating budget (i.e., estimated revenues equal to or in excess of appropriations). Due to COVID-19 economic impacts, actual General Fund revenues fell short of the final budget by approximately $126,000. During fiscal year 2020, General Fund appropriations increased by $733,850, while actual expenditures were well below the final budgeted. Overall, operational activity resulted in an excess of revenues over expenditures by $1.6 million.

Awards and Acknowledgements

The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of West Melbourne for its comprehensive annual financial report (CAFR) for the fiscal year ended September 30, 2019. In order to be awarded a Certificate of Achievement, the government published an easily readable and efficiently organized CAFR. This report must satisfy both GAAP and applicable legal requirements.

A Certificate of Achievement is valid for a period of one year only. We believe that our current CAFR continues to meet the Certificate of Achievement Program’s requirements and we are submitting it to the GFOA to determine its eligibility for another certificate.

The preparation of this report would not have been possible without the efficient and dedicated service of the Finance department. We wish to also express our appreciation to members of other City departments for their assistance in providing the data necessary to prepare this report. Credit must also be given to the Mayor and the City Council for their consistent support for management as it seeks to prudently manage the City of West Melbourne’s finances.

Respectfully submitted,

Scott Morgan Margi Starkey City Manager Finance Director

- 8 - 8A - 15 City of West Melbourne, Florida Principal Officials September 30, 2020

City Council

Hal J. Rose Mayor Pat Bentley Deputy Mayor Daniel Batcheldor Council Member John Dittmore Council Member Adam Gaffney Council Member Barbara Smith Council Member Andrea Young Council Member

Executive Management Team

Scott Morgan City Manager Morris Richardson City Attorney Richard T. Wiley Police Chief Keith Mills, AICP, CPM Deputy City Manager Mark Piccirillo Public Works Director Margi Starkey Finance Director Cynthia Hanscom City Clerk Tom Forbes, CBO Building Official Christy Fischer, AICP Planning & Economic Development Director Thomas Bradford Information Technology Director Richard Boprey Parks & Recreation Director Kimberly Gale Human Resources Director

As of September 30, 2020

- 9 - 8A - 16 City of West Melbourne, Florida Organizational Chart September 30, 2020

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- 12 - 8A - 19 Carr, Riggs & Ingram, LLC 215 Baytree Drive Melbourne, Florida 32940 (321) 255-0088 (321) 259-8648 (fax) www.cricpa.com

INDEPENDENT AUDITORS’ REPORT

The Honorable Mayor and City Council City of West Melbourne, Florida

Report on the Financial Statements

We have audited the accompanying financial statements of the governmental activities, the business- type activities, each major fund, and the aggregate remaining fund information of the City of West Melbourne, Florida, as of and for the year ended September 30, 2020, and the related notes to the financial statements, which collectively comprise the City of West Melbourne, Florida’s basic financial statements as listed in the table of contents.

Management’s Responsibility for the Financial Statements

Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.

Auditors’ Responsibility

Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement.

An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors’ judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditors consider internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements.

We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.

- 13 - 8A - 20 Opinions

In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of West Melbourne, Florida, as of September 30, 2020, and the respective changes in financial position and, where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America.

Other Matters

Required Supplementary Information

Accounting principles generally accepted in the United States of America require that the management’s discussion and analysis, pension and other post-employment benefits supplementary information and budgetary comparison information for the general fund and major special revenue funds as listed in the table of contents be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.

Other Information

Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City of West Melbourne, Florida’s basic financial statements. The introductory section, combining and individual nonmajor fund financial statements, budgetary schedules of nonmajor special revenue and capital projects funds, statistical section, and secondary market disclosures are presented for purposes of additional analysis and are not a required part of the basic financial statements.

The combining and individual nonmajor fund financial statements and the budgetary schedules of nonmajor governmental funds are the responsibility of management and were derived from, and relate directly to, the underlying accounting and other records used to prepare the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the combining and individual nonmajor fund financial statements and the budgetary

- 14 - 8A - 21 schedules of nonmajor governmental funds are fairly stated in all material respects in relation to the financial statements as a whole.

The introductory section, statistical section, and secondary market disclosures have not been subjected to the auditing procedures applied in the audit of the basic financial statements, and accordingly, we do not express an opinion or provide any assurance on them.

Other Reporting Required by Government Auditing Standards

In accordance with Government Auditing Standards, we have also issued our report dated February 24, 2021 on our consideration of the City of West Melbourne, Florida’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City of West Melbourne, Florida’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City of West Melbourne, Florida’s internal control over financial reporting and compliance.

Melbourne, Florida February 24, 2021

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- 16 - 8A - 23 City of West Melbourne, Florida Management's Discussion and Analysis September 30, 2020

As management of the City of West Melbourne (“the City”), we offer readers of the City’s financial statements this narrative overview and analysis of the financial activities of the City for the fiscal year ended September 30, 2020. We encourage readers to consider the information presented here in conjunction with additional information that we have furnished in our letter of transmittal, which can be found on pages 5-8 of this report.

Financial Highlights

• The assets and deferred outflows of resources of the City exceeded its liabilities and deferred inflows of resources at the close of the most recent fiscal year by $111,037,621 (net position). Of this amount, $23,686,176 represents unrestricted net position, which may be used to meet the government’s ongoing obligations to citizens and creditors.

• The City’s total net position increased by $8,943,370 from fiscal year 2020 activities. The increase is largely due to increases in capital grants and contributions and property taxes.

• At the close of the current fiscal year, the City’s governmental funds reported combined ending fund balances of $20,741,262 an increase of $6,922,894 in comparison with the prior year. Approximately 25% of this amount ($5,285,318) is available for spending at the government’s discretion (unassigned fund balance).

• At the end of the current fiscal year, unrestricted fund balance (the total of the committed, assigned, and unassigned components of fund balance) for the general fund was $5,435,930, or approximately 42% of total general fund expenditures.

• The City’s total outstanding long-term debt, not including compensated absences, pension and other post-employment benefits, decreased by $1,717,791 during the current fiscal year.

Overview of the Financial Statements

This discussion and analysis is intended to serve as an introduction to the City’s basic financial statements, which are comprised of three components: 1) government-wide financial statements, 2) fund financial statements, and 3) the notes to the financial statements. This report also includes supplementary information intended to furnish additional detail to support the basic financial statements themselves.

Government-wide financial statements. The government-wide financial statements are designed to provide readers with a broad overview of the City’s finances, in a manner similar to a private-sector business.

The statement of net position presents financial information on all of the City’s assets, liabilities, and deferred inflows/outflows of resources, with the difference reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the City is improving or deteriorating.

The statement of activities presents information showing how the City’s net position changed during the most recent fiscal year. All changes in net position are reported as soon as the underlying event - 17 - 8A - 24 City of West Melbourne, Florida Management's Discussion and Analysis September 30, 2020

giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported for some items that will only result in cash flows in future fiscal periods (e.g., uncollected taxes and earned but unused vacation leave).

Both of the government-wide financial statements distinguish functions of the City that are principally supported by taxes and intergovernmental revenues (governmental activities) from other functions that are intended to recover all or a significant portion of their costs through user fees and charges (business-type activities). The governmental activities of the City include general government, public safety, public works, recreation, community development and economic environment. The business- type activities of the City include a Water and Sewer System. The government-wide financial statements can be found on pages 28-31 of this report.

Fund financial statements. A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The City, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. All of the funds of the City can be divided into three categories: governmental funds, proprietary funds, and fiduciary funds.

Governmental funds. Governmental funds are used to account for essentially the same functions reported as governmental activities in the government-wide financial statements. However, unlike the government-wide financial statements, governmental fund financial statements focus on near- term inflows and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Consequently, the governmental fund financial statements provide a detailed short-term view that helps the reader determine whether there are more or fewer financial resources that can be spent in the near future to finance the City’s programs.

Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with information presented for governmental activities in the government-wide financial statements. By doing so, readers may better understand the long-term impact of the government's near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities.

The City maintains six individual governmental funds. Information is presented separately in the governmental fund balance sheet and in the governmental fund statement of revenues, expenditures, and changes in fund balances for the general fund, the community redevelopment agency fund and capital projects fund, which are considered to be major funds. Data from the other three governmental funds are combined into a single, aggregated presentation. Individual fund data for each of these nonmajor governmental funds is provided in the form of combining statements elsewhere in this report.

The City of West Melbourne adopts an annual appropriated budget for its general fund, community redevelopment agency fund and major special revenue funds. A budgetary comparison statement has been provided for the general fund and the community redevelopment agency fund to demonstrate compliance with their budgets.

- 18 - 8A - 25 City of West Melbourne, Florida Management's Discussion and Analysis September 30, 2020

The basic governmental fund financial statements can be found on pages 32-35 of this report.

Proprietary funds. The City maintains one type of proprietary fund—an enterprise fund. Enterprise funds are used to report the same functions presented as business-type activities in the government- wide financial statements. The City uses an enterprise fund to account for its Water and Sewer System.

Proprietary funds provide the same type of information as the government-wide financial statements, only in more detail. The proprietary fund financial statements provide separate information for the Water and Sewer System, which is considered to be a major fund. The basic proprietary fund financial statements can be found on pages 36-41 of this report.

Fiduciary funds. Fiduciary funds are used to account for resources held for the benefit of parties outside the government. Fiduciary funds are not reported in the government-wide financial statements because the resources of those funds are not available to support the City’s own programs. The accounting used for fiduciary funds is much like that used for proprietary funds.

The City maintains one type of fiduciary fund. The Pension trust fund is used to report resources held in trust for retirees and beneficiaries covered by the Police Officers’ Retirement Plan.

The fiduciary fund financial statements can be found on pages 42-43 of this report.

Notes to the financial statements. The notes provide additional information that is essential to a full understanding of the data provided in the government-wide and fund financial statements. The notes to the financial statements can be found on pages 45-90 of this report.

Other information. In addition to the basic financial statements and accompanying notes, this report also presents required supplementary information concerning the City’s budgetary compliance and pension and other post-employment benefits obligations. The City adopts an annual appropriated budget for its general fund, community redevelopment agency fund, special revenue funds (recreation and storm water), and capital projects funds (capital projects and vehicle replacement). Budgetary comparison statements have been provided for each of these funds to demonstrate compliance with this budget. The required supplementary information can be found on pages 92- 109 of this report.

The combining statements referred to earlier in connection with nonmajor governmental funds are presented immediately following the required supplementary information. Combining and individual fund statements and schedules can be found on pages 112-117 of this report.

The Statistical Section includes tables and schedules to provide a more detailed picture of the financial condition of the City than those presented in the financial statements. These include the schedule of bonded debt and interest to maturity and assorted multi-year financial and statistical information and can be found on pages 123-144 of this report.

- 19 - 8A - 26 City of West Melbourne, Florida Management's Discussion and Analysis September 30, 2020

Government-wide Overall Financial Analysis

As noted earlier, net position over time, may serve as a useful indicator of a government's financial position. In the case of the City of West Melbourne, Florida, assets and deferred outflows of resources exceeded liabilities and deferred inflows of resources by $111,037,621 at the close of the most recent fiscal year.

City of West Melbourne’s Net Position

Governmental Activities Business-type Activities Total 2020 2019 2020 2019 2020 2019 Current and other assets $ 22,345,990 $ 15,485,281 $ 25,017,832 $ 22,686,434 $ 47,363,822 $ 38,171,715 Capital assets 32,645,779 34,565,497 46,880,794 45,485,841 79,526,573 80,051,338 Total assets 54,991,769 50,050,778 71,898,626 68,172,275 126,890,395 118,223,053 Deferred outflows 2,372,022 2,147,425 466,339 405,133 2,838,361 2,552,558 Long-term liabilities 5,304,180 4,661,078 8,217,132 9,666,511 13,521,312 14,327,589 Other liabilities 1,487,308 1,479,480 2,944,837 2,088,469 4,432,145 3,567,949 Total liabilities 6,791,488 6,140,558 11,161,969 11,754,980 17,953,457 17,895,538 Deferred inflows 726,375 736,118 11,303 49,704 737,678 785,822 Net position: Net investment in capital assets 32,164,344 34,205,606 39,269,577 36,760,884 71,433,921 70,966,490 Restricted 13,445,602 8,866,081 2,471,922 523,257 15,917,524 9,389,338 Unrestricted 4,235,982 2,249,840 19,450,194 19,488,583 23,686,176 21,738,423 Total net position $ 49,845,928 $ 45,321,527 $ 61,191,693 $ 56,772,724 $ 111,037,621 $ 102,094,251

By far the largest portion of the City’s net position (64.3%) reflects its investment in capital assets (e.g., land, buildings, improvements other than buildings, machinery and equipment, and construction in progress), less any related outstanding debt that was used to acquire those assets. The City uses these capital assets to provide a variety of services to its citizens. Accordingly, these assets are not available for future spending. Although the City’s investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities.

An additional portion of the City’s net position (14.3%) represents resources that are subject to external restrictions on how they may be used. The remaining balance of $23,686,176 is unrestricted and may be used to meet the government's ongoing obligations to citizens and creditors.

At September 30, 2020, the City is able to report positive balances in all reported categories of net position, both for the government as a whole, as well as for its separate governmental and business- type activities. The same situation held true for the prior fiscal year.

- 20 - 8A - 27 City of West Melbourne, Florida Management's Discussion and Analysis September 30, 2020

Statements of Activities

The following table reflects the condensed Statements of Activities for the current and prior year:

Governmental Activities Business-type Activities Total 2020 2019 2020 2019 2020 2019 Revenues: Program revenues: Charges for services $ 2,545,857 $ 4,229,875 $ 13,637,182 $ 12,327,560 $ 16,183,039 $ 16,557,435 Capital grants and contributions 4,000,996 961,801 3,115,488 5,685,218 7,116,484 6,647,019 General revenues: Local option gas tax 728,699 672,626 - - 728,699 672,626 Property taxes 4,421,186 3,990,738 - - 4,421,186 3,990,738 Public utility and telecommunication taxes 3,407,499 3,340,164 - - 3,407,499 3,340,164 Payment in lieu of taxes 426,386 344,588 - - 426,386 344,588 Franchise fees 1,886,888 1,870,513 - - 1,886,888 1,870,513 Shared revenues 2,142,428 2,219,476 - - 2,142,428 2,219,476 Unrestricted investment earnings 182,884 337,852 221,937 295,741 404,821 633,593 Miscellaneous 287,820 145,939 - - 287,820 145,939 Gain on disposition 23,525 - - - 23,525 - Transfers, net 34,400 34,400 (34,400) (34,400) - - Total revenues 20,088,568 18,147,972 16,940,207 18,274,119 37,028,775 36,422,091 Expenses: General government 2,808,023 2,697,267 - - 2,808,023 2,697,267 Public safety 7,886,503 7,668,450 - - 7,886,503 7,668,450 Public works 2,993,822 2,344,923 - - 2,993,822 2,344,923 Recreation 1,492,810 2,255,949 - - 1,492,810 2,255,949 Community development 373,339 339,529 - - 373,339 339,529 Economic environment 420 175 - - 420 175 Interest on long term debt 9,250 8,146 - - 9,250 8,146 Water and sewer - - 12,521,238 11,454,304 12,521,238 11,454,304 Total expenses 15,564,167 15,314,439 12,521,238 11,454,304 28,085,405 26,768,743 Special item: Donation - Field of Dreams - 2,411,339 - - - 2,411,339 Increase in net position 4,524,401 5,244,872 4,418,969 6,819,815 8,943,370 12,064,687 Net position - beginning of year 45,321,527 40,076,655 56,772,724 49,952,909 102,094,251 90,029,564 Net position - ending $ 49,845,928 $ 45,321,527 $ 61,191,693 $ 56,772,724 $ 111,037,621 $ 102,094,251

Governmental Activities. During the current fiscal year, net position for governmental activities increased by $4,524,401 from the prior fiscal year. General revenues increased by approximately 4.5% due to increases in property taxes, payment in lieu of taxes, and miscellaneous revenues. Program revenues increased by approximately 26%, primarily from an agreement between Brevard County and the City, for Transportation Impact Fees of $3,991,000, provided for future construction of City roadway improvements.

Governmental expenses increased $249,728 (1.6%) compared to the fiscal year ending September 30, 2019. The primary reason for this increase was an increase in wages. The first chart that follows compares each program’s expenses with the revenues generated by the program. The next chart displays the City’s revenues by source. Public safety represents one of the City’s major services and the majority of resources used to fund the service are not generated by the program. Revenues from taxes and other general resources provide the remaining funding necessary for public safety.

- 21 - 8A - 28 City of West Melbourne, Florida Management's Discussion and Analysis September 30, 2020

Expenses and Program Revenues-Governmental Activities

8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 0 General Public Safety Public Works Recreation Community Economic Interest on Government Development Environment Long -term debt

Revenues Expenses

2020 Revenues by Source – Governmental Activities

Business-type Activities. Business-type activities increased the City’s net position by $4,418,969. Operating revenues for the Water and Sewer System decreased by approximately $1.3 million and this is attributed primarily to a decrease in developer contributions to the City over the substantial prior year contributions. Operating expenses of the Water and Sewer System increased by about $1.07 million due in part to an increase in purchased water costs, and other contractual services. Capital grants decrease by $2.57 million mainly due to a decrease in developer connection fees for multi-family residential developments. - 22 - 8A - 29 City of West Melbourne, Florida Management's Discussion and Analysis September 30, 2020

Financial Analysis of Governmental Funds

As noted earlier, the City uses fund accounting to ensure and demonstrate compliance with finance- related legal requirements.

Governmental funds. The focus of the City’s governmental funds is to provide information on near- term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the City’s financing requirements. In particular, unassigned fund balance may serve as a useful measure of a City’s net resources available for spending at the end of the fiscal year.

As of the end of the current fiscal year, the City’s governmental funds reported combined ending fund balances of $20,741,262, an increase of $6,922,894 in comparison with the prior year. Approximately 25% of this total amount ($5,285,318) constitutes unassigned fund balance, which has not been appropriated for a specific purpose and is available for spending at the government's discretion. The remainder of fund balance represents a legally restricted funding source, has been committed to a specific purpose by City action or is not in liquid form available for new spending. The $4,169 of prepaid items represents funds that have been disbursed for future expenditures, such as insurance or maintenance agreements. The restricted funds also include funds of $90,217 that can only be spent on law enforcement purposes. The advance of $683,326 represents the long-term portion of an interest bearing loan to the Stormwater Fund and a non-interest bearing loan to the Community Redevelopment Agency. These will become available to the General Fund for expenditure as the loans are satisfied.

The committed fund balances totaling $2,006,173 in two of the non-major funds are being expended for replacement vehicles and recreation. The $4,572,680 in the Capital Projects Fund and $3,991,364 in the General Fund are restricted for construction and maintenance of roads. The $3,655,343 amount represents funds collected through permits and is restricted to enforcing the State’s building code. The Stormwater Utility had a negative unassigned fund balance of $150,612 at September 30, 2020, due to capital and flood mitigation projects, and maintenance and repairs. The Community Redevelopment Agency had minimal expenditures during the fiscal year ended September 30, 2020, and closed the year with a positive fund balance of $452,672.

The General Fund is the chief operating fund of the City. At the end of the current fiscal year, unassigned fund balance of the General Fund was $5,435,930, while total fund balance reached $13,860,349. As a measure of the General Fund's liquidity, it may be useful to compare both unassigned fund balance and total fund balance to total fund expenditures. Unassigned and assigned fund balance represents 42% of total General Fund expenditures, while total fund balance represents 107% of that same amount.

The fund balance of the City’s General Fund increased by $1,628,406 during the current fiscal year, compared to an increase of $1,264,050 in the prior year. The City saw decreased expenditures in the General Fund. Key factors in these results are as follows:

• Total revenues of the General Fund decreased by $2,061,227, largely as a result of COVID-19 impacts: licenses and permit fees for building permits, plan review fees, and inspections; intergovernmental revenues for the US192 lighting project, main revenues for cigarette and - 23 - 8A - 30 City of West Melbourne, Florida Management's Discussion and Analysis September 30, 2020

motor fuel; charges for services were reduced, specifically construction and drain inspection fees, facility rental and recreation class fees; fines and forfeitures reflected reduced revenues for school resource officers, and interest earnings on investments due to the lower interest rate environment.

• General Fund expenditures decreased $2,471,873 compared to the prior year. While there were increased payroll costs, this was more than offset by large reductions in capital outlay as the Police Building project was concluded, there were fewer police vehicle purchases, and developer contributions for infrastructure declined.

Proprietary funds. The City’s proprietary funds provide the same type of information found in the government-wide financial statements, but in more detail. Unrestricted net position of the Water and Sewer System at the end of the year amounted to $19,450,194. The total increase in net position for this fund was $4,418,969. Other factors concerning the finances of this fund have already been addressed in the discussion of the City’s business-type activities.

General Fund Budgetary Highlights

There were no budget revenue amendments during the year ended September 30, 2020. There were five budget expenditure amendments totaling $733,850 during the year ended September 30, 2020.

Capital Assets and Debt Administration

Capital Assets. The City’s investment in capital assets for its governmental and business-type activities as of September 30, 2020, amounted to $79,526,572 (net of accumulated depreciation). This investment in capital assets includes land, buildings, improvements, machinery and equipment, park facilities, roads, highways, and other infrastructure items. The percentage decrease from prior year (fiscal year 2019) in the City’s investment in capital assets was approximately 0.66%, due to depreciation and the disposal of obsolete assets.

City of West Melbourne’s Capital Assets (net of depreciation)

Governmental Activities Business-type Activities Total 2020 2019 2020 2019 2020 2019

Land $ 1,489,987 $ 1,489,987 $ 403,959 $ 403,959 $ 1,893,946 $ 1,893,946 Construction in progress 514,859 3,359,401 2,677,372 1,341,454 3,192,231 4,700,855 Buildings 7,804,676 5,052,158 392,726 414,632 8,197,402 5,466,790 Improvements other than buildings 10,368,616 11,023,357 40,584,734 40,317,653 50,953,350 51,341,010 Machinery and equipment 2,709,518 2,943,410 2,822,003 3,008,143 5,531,521 5,951,553 Infrastructure 9,758,123 10,697,184 - - 9,758,123 10,697,184 Total $ 32,645,779 $ 34,565,497 $ 46,880,794 $ 45,485,841 $ 79,526,573 $ 80,051,338

Major capital asset events during the current fiscal year included the following:

• In the City’s governmental activities, the purchase of police vehicles, along with the final police station modifications were the significant impacts to the increases obtained. - 24 - 8A - 31 City of West Melbourne, Florida Management's Discussion and Analysis September 30, 2020

• In the City’s business-type activities, the City continued development of projects including the Sylvan Drive Septic to Sewer, Columbia Lane/Brandywine Interconnect, the Greenboro Force Main Replacement, and control panel replacements. The City also received developer water and sewer system donations for Sawgrass Lakes Phase 5, Carlton Apartments, and Florida Auto Wash, among others during the fiscal year.

Additional information on the City’s capital assets can be found in Note 3 D on pages 66-67 of this report.

Long-term Debt. At the end of the current fiscal year, the City had total bonded debt and loans outstanding of $6,827,893, which represents obligations secured by business-type activities revenue sources.

City of West Melbourne’s Outstanding Debt

Governmental Activities Business-type Activities Total 2020 2019 2020 2019 2020 2019

Compensated absences $ 434,403 $ 381,878 $ 73,418 $ 54,018 $ 507,821 $ 435,896 Revenue bonds - - 4,420,028 5,964,068 4,420,028 5,964,068 Loans payable - - 2,407,865 2,581,616 2,407,865 2,581,616 Total $ 434,403 $ 381,878 $ 6,901,311 $ 8,599,702 $ 7,335,714 $ 8,981,580

Additional information on the City’s outstanding debt can be found in Note 3 F on pages 68-71 of this report. The City’s total debt was reduced by $1,717,791 during the current fiscal year. Key factors in the City’s fiscal year 2020 long term debt decrease include the following:

• The City continued to pay off the bonded debt and loans payable as they fell due, and on January 8, 2020, made an advance principal payment in the amount of $472,840 on the Water and Sewer Revenue Bonds, Series 2007. • The liability for compensated absences increased by $71,925. • The liability for other post-employment benefits increased by $95,665.

Economic Factors and Next Year’s Budgets and Rates

The following economic factors currently affect the City of West Melbourne and were considered in developing the 2020-2021 fiscal year budget.

• As of the United States Census count of April 1, 2010, the City had an estimated population of 18,335 people residing within the City’s then 9.9-square miles. The population estimate issued for 2020 by the State of Florida, Office of Economic and Demographic Research shows the City’s population has increased to 25,385 within the City’s now 10.32-square mile area.

• During fiscal year 2020, the City issued building permits for the construction of 222 new single family homes. The City expects continued local economic conditions to improve in the near term off its COVID-19 induced economic low during fiscal year 2019 - 2020. The City has three large commercial centers, Hammock Landing, the West Melbourne Interchange Center and Coastal Commerce, where interest in new commercial development continues. - 25 - 8A - 32 City of West Melbourne, Florida Management's Discussion and Analysis September 30, 2020

• As of September 2020, the unemployment rate in the United States was 7.8%. For the State of Florida, unemployment was 6.4%, an increase from 3.2% a year earlier. For Brevard County, the unemployment rate was 5.2% as reported by the Florida Department of Economic Opportunity. It is expected that the unemployment rate for Brevard County will decline somewhat but not significantly change in 2021 because of lingering effects of COVID-19 on certain high risk businesses.

• The City was founded in 1959, primarily to prevent property taxes from being imposed by a neighboring municipality. The City continues to pride itself on its low tax rate. The millage rate for the City of West Melbourne was 2.6017 for fiscal year 2019 - 2020. This was unchanged from the fiscal year 2018 – 2019 millage rate of 2.6017.

All of these factors were considered in preparing the City’s budget for the fiscal year ending September 30, 2021.

Requests for Information

This financial report is designed to provide a general overview of the City of West Melbourne, Florida’s finances for all those with an interest in the government's finances. Questions concerning any of the information provided in this report or requests for additional financial information should be addressed to the City of West Melbourne, Attention: Finance Director, 2240 Minton Road, West Melbourne, Florida, 32904.

- 26 - 8A - 33 CITY OF WEST MELBOURNE, FLORIDA

Basic Financial Statements

- 27 - 8A - 34 City of West Melbourne, Florida Statement of Net Position

Governmental Business-type September 30, 2020 Activities Activities Total

ASSETS Cash and cash equivalents $ 4,271,993 $ 1,276,709 $ 5,548,702 Investments 16,929,246 17,709,643 34,638,889 Receivables, net 697,020 1,509,243 2,206,263 Due from other governments 254,231 742,148 996,379 Inventory - 99,748 99,748 Prepaid items 4,169 - 4,169 Restricted assets: Cash and cash equivalents 189,331 3,680,341 3,869,672 Capital assets not being depreciated: Land 1,489,987 403,959 1,893,946 Construction in progress 514,859 2,677,372 3,192,231 Capital assets (net of accumulated depreciation): Buildings 7,804,676 392,726 8,197,402 Improvements other than buildings 10,368,616 40,584,734 50,953,350 Machinery and equipment 2,709,518 2,822,003 5,531,521 Infrastructure 9,758,123 - 9,758,123 Total assets 54,991,769 71,898,626 126,890,395

DEFERRED OUTFLOWS OF RESOURCES Deferred outflows related to pensions 2,080,714 409,201 2,489,915 Deferred outflows related to OPEB 291,308 50,086 341,394 Deferred amount on advanced refunding - 7,052 7,052 Total deferred outflows of resources 2,372,022 466,339 2,838,361

The accompanying notes are an integral part of this financial statement. - 28 - 8A - 35 City of West Melbourne, Florida Statement of Net Position (continued)

Governmental Business-type September 30, 2020 Activities Activities Total

LIABILITIES Accounts payable 506,568 905,190 1,411,758 Contracts payable 172,927 556,328 729,255 Retainage payable 308,508 234,048 542,556 Accrued payroll and related liabilities 311,974 40,852 352,826 Payable from restricted assets: Accrued interest payable - 129,584 129,584 Customer and developer escrow deposits 187,331 1,078,835 1,266,166 Noncurrent liabilities: Due within one year: Revenue bonds payable - 1,103,600 1,103,600 Loans payable, net of unamortized discounts - 180,000 180,000 OPEB liability 79,787 13,601 93,388 Compensated absences 316,008 58,735 374,743 Due in more than one year: Revenue bonds payable - 3,316,428 3,316,428 Loans payable - 2,227,865 2,227,865 Total OPEB liability, less current portion 586,865 104,102 690,967 Net pension liability 4,203,125 1,198,118 5,401,243 Compensated absences 118,395 14,683 133,078 Total liabilities 6,791,488 11,161,969 17,953,457

DEFERRED INFLOWS OF RESOURCES Deferred inflows related to pensions 608,955 11,303 620,258 Deferred revenue - business tax receipts 117,420 - 117,420 Total deferred inflows of resources 726,375 11,303 737,678

NET POSITION Net investment in capital assets 32,164,344 39,269,577 71,433,921 Restricted for: Long term portion of advances 683,326 - 683,326 Community development 452,672 - 452,672 Debt service - 2,471,922 2,471,922 Transportation 8,564,044 - 8,564,044 Law enforcement 90,217 - 90,217 Building code enforcement 3,655,343 - 3,655,343 Unrestricted 4,235,982 19,450,194 23,686,176 Total net position $ 49,845,928 $ 61,191,693 $ 111,037,621 $ - $ - $ -

- 29 - 8A - 36 City of West Melbourne, Florida Statement of Activities

For the year ended September 30, 2020 Program Revenues

Operating Capital Charges for Grants and Grants and Functions/Programs Expenses Services Contributions Contributions

Primary Government Governmental activities: General government $ 2,808,023 $ 413,540 $ - $ - Public safety 7,886,503 1,359,462 - 9,996 Public works 2,993,822 584,807 - 3,991,000 Recreation 1,492,810 78,064 - - Community development 373,339 109,984 - - Economic environment 420 - - - Interest on long-term debt 9,250 - - - Total governmental activities 15,564,167 2,545,857 - 4,000,996

Business-type activities: Water and sewer 12,521,238 13,637,182 - 3,115,488 Total business-type activities 12,521,238 13,637,182 - 3,115,488

Total primary government $ 28,085,405 $ 16,183,039 $ - $ 7,116,484

General revenues: Taxes: Property taxes Franchise fees Local option gas tax Public utility and telecommunication taxes Payment in lieu of taxes Intergovernmental shared revenue - unrestricted Investment earnings Miscellaneous revenue Gain on disposition Transfers, net Total general revenues Change in net position Net position, beginning of year Net position, end of year

The accompanying notes are an integral part of this financial statement. - 30 - 8A - 37 Net (Expense) Revenue and Changes in Net Position

Governmental Business-type Activities Activities Total

$ (2,394,483) $ - $ (2,394,483) (6,517,045) - (6,517,045) 1,581,985 - 1,581,985 (1,414,746) - (1,414,746) (263,355) - (263,355) (420) - (420) (9,250) - (9,250) (9,017,314) - (9,017,314)

- 4,231,432 4,231,432 - 4,231,432 4,231,432

(9,017,314) 4,231,432 (4,785,882)

4,421,186 - 4,421,186 1,886,888 - 1,886,888 728,699 - 728,699 3,407,499 - 3,407,499 426,386 - 426,386 2,142,428 - 2,142,428 182,884 221,937 404,821 287,820 - 287,820 23,525 - 23,525 34,400 (34,400) - 13,541,715 187,537 13,729,252 4,524,401 4,418,969 8,943,370 45,321,527 56,772,724 102,094,251 $ 49,845,928 $ 61,191,693 $ 111,037,621

- 31 - 8A - 38 City of West Melbourne, Florida Balance Sheet - Governmental Funds

Total Community Capital Nonmajor Governmental September 30, 2020 General Redevelopment Project Funds Funds

ASSETS Cash and cash equivalents $ 1,654,540 $ 952,672 $ 25,291 $ 1,639,490 $ 4,271,993 Investments 11,765,917 - 4,559,083 604,246 16,929,246 Accounts receivable, net 697,020 - - - 697,020 Advance to other funds - current 190,474 - - - 190,474 Advance to other funds - long term 683,326 - - - 683,326 Due from other governments 254,231 - - - 254,231 Prepaid items 4,169 - - - 4,169 Restricted cash and cash equivalents 189,331 - - - 189,331 Total assets $ 15,439,008 $ 952,672 $ 4,584,374 $ 2,243,736 $ 23,219,790

LIABILITIES, DEFERRED INFLOWS OF RESOURCES AND FUND BALANCES Liabilities Accounts payable $ 481,576 $ - $ 11,694 $ 13,298 $ 506,568 Contracts payable 172,927 - - - 172,927 Retainage payable 308,508 - - - 308,508 Accrued payroll and related liabilities 310,897 - - 1,077 311,974 Deposits 187,331 - - - 187,331 Advance from other funds - current - 100,000 - 90,474 190,474 Advance from other funds - long term - 400,000 - 283,326 683,326 Total liabilities 1,461,239 500,000 11,694 388,175 2,361,108

DEFERRED INFLOWS OF RESOURCES Deferred revenue - business tax receipts 117,420 - - - 117,420 Total deferred inflows of resources 117,420 - - - 117,420

The accompanying notes are an integral part of this financial statement. - 32 - 8A - 39 Total Community Capital Nonmajor Governmental September 30, 2020 General Redevelopment Projects Funds Funds

FUND BALANCES Nonspendable: Prepaid items 4,169 - - - 4,169 Long term portion of advances 683,326 - - - 683,326 Restricted for: Police education 9,954 - - - 9,954 Confiscated funds 80,263 - - - 80,263 Transportation 3,991,364 - 4,572,680 - 8,564,044 Building code enforcement 3,655,343 - - - 3,655,343 Community development - 452,672 - - 452,672 Committed for: Recreation - - - 722,523 722,523 Vehicle replacement - - - 1,283,650 1,283,650 Unassigned 5,435,930 - - (150,612) 5,285,318 Total fund balances 13,860,349 452,672 4,572,680 1,855,561 20,741,262 Total liabilities and fund balances $ 15,439,008 $ 952,672 $ 4,584,374 $ 2,243,736

Capital assets used in governmental activities are not financial resources and, therefore, are not reported in the funds. Governmental capital assets $ 52,191,915 Less accumulated depreciation (19,546,136) 32,645,779 Deferred outflows and deferred inflows related to pensions and OPEB and related earnings are not recognized in the governmental funds; however, they are recorded in the statement of net position under full accrual accounting. Deferred outflows related to pensions $ 2,080,714 Deferred outflows related to OPEB 291,308 Deferred inflows related to pensions (608,955) 1,763,067 Long-term liabilities, including capital lease obligations, compensated absences, net pension liability and the total OPEB liability are not due and payable in the current period and therefore are not reported in the funds. Net pension liability $ (4,203,125) Compensated absences (434,403) Other postemployment benefits (OPEB) (666,652) (5,304,180) Net position of governmental activities $ 49,845,928 $ -

The accompanying notes are an integral part of this financial statement. - 33 - 8A - 40 City of West Melbourne, Florida Statement of Revenues, Expenditures and Changes in Fund Balances - Governmental Funds

Total Community Capital Nonmajor Governmental For the year ended September 30, 2020 General Redevelopment Projects Funds Funds

Revenues Taxes $ 9,715,573 $- $ - $ 584,807 $ 10,300,380 Licenses and permits 1,231,899 - - - 1,231,899 Intergovernmental 2,881,123 426,386 3,991,000 - 7,298,509 Charges for services 257,661 - - 15,600 273,261 Fines and forfeitures 367,646 - - - 367,646 Contributions and donations 22,000 - - - 22,000 Investment income 162,055 - 13,913 6,916 182,884 Miscellaneous 265,762 - - - 265,762 Total revenues 14,903,719 426,386 4,004,913 607,323 19,942,341

Expenditures Current: General government 2,240,023 - - - 2,240,023 Public safety 7,022,168 - - - 7,022,168 Public works 1,404,934 - - 161,451 1,566,385 Recreation 853,610 - - - 853,610 Community development 350,457 - - - 350,457 Economic environment - 420 - - 420 Capital outlay 1,067,902 - 23,166 43,247 1,134,315 Debt service: Interest - - - 9,250 9,250 Total expenditures 12,939,094 420 23,166 213,948 13,176,628 Excess revenues over expenditures 1,964,625 425,966 3,981,747 393,375 6,765,713

Other financing sources (uses) Transfers in - - - 493,400 493,400 Transfers out (459,000) - - - (459,000) Insurance proceeds 88,302 - - - 88,302 Proceeds from sale of capital assets 34,479 - - - 34,479 Net other financing sources (uses) (336,219) - - 493,400 157,181

Net change in fund balances 1,628,406 425,966 3,981,747 886,775 6,922,894 Fund balances, beginning 12,231,943 26,706 590,933 968,786 13,818,368 Fund balances, ending $ 13,860,349 $ 452,672 $ 4,572,680 $ 1,855,561 $ 20,741,262 $ - $ - $ -

The accompanying notes are an integral part of this financial statement. - 34 - 8A - 41 City of West Melbourne, Florida Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities

For the year ended September 30, 2020

Net change in fund balances - total governmental funds $ 6,922,894

Amounts reported for governmental activities in the statement of activities are different because:

Governmental funds report capital outlays as expenditures. However, in the statement of activities, the cost of those assets is allocated over their estimated useful lives as depreciation expense. This is the amount by which depreciation exceeded capital outlay in the current period. Capital outlay $ 1,134,315 Depreciation (3,043,079) (1,908,764)

In the statement of activities, the gain (loss) on the disposal of capital assets is reported, whereas in the governmental funds, disposals are not reported. Thus, the change in net position differs from the change in fund balance by the net book value of the disposed capital assets. (10,954)

Under the modified accrual basis of accounting used in governmental funds, expenditures are not recognized for transactions that are not normally paid with expendable available financial resources. In the statement of activities, however, which is presented on the accrual basis, pension and OPEB expenses are reported regardless of when the financial resources are available. Net pension liability - FRS/HIS $ (833,186) Net pension liability - police officers' 404,129 Total OPEB liability (161,520) (590,577)

Deferred outflows and deferred inflows of resources related to pension and OPEB costs are not recognized in the governmental funds; however, they are recorded in the statement of net position under full accrual accounting. Deferred inflows - police officers' pension $ (204,732) Deferred inflows - FRS/HIS pension 144,462 Deferred outflows - FRS/HIS pension 173,153 Deferred outflows - subsequent payments - FRS/HIS pension 14,483 Deferred outflows - OPEB 81,733 Deferred outflows - police officers' pension (44,772) 164,327

Compensated absences reported in the statement of activities do not require the use of current financial resources and, therefore, are not reported as expenditures in governmental funds. (52,525)

Change in net position of governmental activities $ 4,524,401 $ -

The accompanying notes are an integral part of this financial statement. - 35 - 8A - 42 City of West Melbourne, Florida Statement of Net Position - Proprietary Fund

Business-type Activities - September 30, 2020 Enterprise Fund

ASSETS Current assets: Cash and cash equivalents $ 1,276,709 Restricted current assets: Cash and cash equivalents 3,680,341 Investments 17,709,643 Accounts receivable, net 962,973 Accounts receivable earned, but not billed 448,675 Assessments receivable 97,595 Due from other governments 742,148 Inventory 99,748 Total current assets 25,017,832

Noncurrent assets: Capital assets: Land 403,959 Buildings 2,512,496 Improvements other than buildings 80,019,954 Machinery and equipment 8,538,011 Construction in progress 2,677,372 Less accumulated depreciation (47,270,998) Total capital assets, net of accumulated depreciation 46,880,794 Total noncurrent assets 46,880,794

Total assets 71,898,626

DEFERRED OUTFLOWS OF RESOURCES Deferred outflows related to pensions 409,201 Deferred outflows related to OPEB 50,086 Deferred amount on advanced refunding 7,052 Total deferred outflows of resources 466,339

The accompanying notes are an integral part of this financial statement. - 36 - 8A - 43 City of West Melbourne, Florida Statement of Net Position - Proprietary Fund (continued)

Business-type Activities - September 30, 2020 Enterprise Fund

LIABILITIES Current liabilities (payable from current assets): Accounts payable 905,190 Contracts payable 556,328 Retainage payable 234,048 Accrued payroll and related liabilities 40,852 Compensated absences 58,735 Current portion of revenue bonds payable 1,103,600 Current portion of loans payable 180,000 Current portion of OPEB liability 13,601 Current liabilities (payable from restricted assets): Accrued interest 129,584 Customer and developer escrow deposits 1,078,835 Total current liabilities 4,300,773 Noncurrent liabilities: Compensated absences 14,683 Total OPEB liability 104,102 Loans payable, net of unamortized discount 2,227,865 Revenue bonds payable 3,316,428 Net pension liability 1,198,118 Total noncurrent liabilities 6,861,196

Total liabilities 11,161,969

DEFERRED INFLOWS OF RESOURCES Deferred inflows related to pensions 11,303 Total deferred inflows of resources 11,303

NET POSITION Net investment in capital assets 39,269,577 Restricted for: Debt service 2,471,922 Unrestricted 19,450,194

Total net position $ 61,191,693 $ -

- 37 - 8A - 44 THIS PAGE IS INTENTIONALLY LEFT BLANK.

- 38 - 8A - 45 City of West Melbourne, Florida Statement of Revenues, Expenses and Changes in Fund Net Position - Proprietary Fund

Business-type Activities - For the year ended September 30, 2020 Enterprise Fund

Operating revenues: Charges for services $ 12,542,774 Other charges and fees 1,094,408 Total operating revenues 13,637,182

Operating expenses: Personnel services 1,526,018 Contractual services 1,941,755 Supplies and other expenses 5,016,060 Depreciation 3,746,071 Total operating expenses 12,229,904

Operating income 1,407,278

Nonoperating revenues (expenses): Investment income 221,937 Interest expense (291,334) Total nonoperating revenues (expenses) (69,397)

Income before capital contributions and transfers 1,337,881

Capital contributions 3,115,488 Transfers out (34,400)

Change in net position 4,418,969 Net position, beginning of year 56,772,724 Net position, end of year $ 61,191,693

The accompanying notes are an integral part of this financial statement. - 39 - 8A - 46 City of West Melbourne, Florida Statement of Cash Flows - Proprietary Fund

Business-type Activities - For the year ended September 30, 2020 Enterprise Fund

Cash flows from operating activities: Cash received from customers for sales and services $ 13,003,782 Cash payments to employees (1,354,656) Cash payments to suppliers for goods and services (6,264,218) Net cash provided by operating activities 5,384,908

Cash flows from noncapital financing activities: Cash paid to other funds to repay advances (151,030) Transfers to other funds (34,400) Net cash used in noncapital financing activities (185,430)

Cash flows from capital and related financing activities: Acquisition and construction of capital assets (4,977,745) Collections of special assessment revenue 10,522 Principal paid on revenue bonds (1,544,040) Principal paid on loans (175,000) Capital contributions 3,115,488 Interest paid on long-term debt (327,409) Net cash used in capital and related financing activities (3,898,184)

Cash flows from investing activities: Investment income 221,937 Purchase of investments (2,228,186) Net cash used in investing activities (2,006,249)

Net decrease in cash and cash equivalents (704,955)

Cash and cash equivalents, beginning of year 5,662,005

Cash and cash equivalents, end of year $ 4,957,050

$ -

Current assets: Cash and cash equivalents $ 1,276,709 Cash and cash equivalents, restricted 3,680,341 Total cash and cash equivalents $ 4,957,050

$ -

The accompanying notes are an integral part of this financial statement. - 40 - 8A - 47 City of West Melbourne, Florida Statement of Cash Flows - Proprietary Fund (continued)

Business-type Activities - For the year ended September 30, 2020 Enterprise Fund

Reconciliation of operating income to net cash provided by operating activities: Operating income $ 1,407,278 Adjustments to reconcile operating income to net cash provided by operating activities: Depreciation expense 3,746,071 Loss on disposal of assets 70,769 Change in assets and liabilities: (Increase) decrease in assets: Accounts receivable (62,289) Accounts receivable earned but not billed 118,333 Due from other governments (739,634) Inventory 15,931 Deferred outflows of resources related to pensions (49,878) Deferred outflows of resources related to OPEB (13,932) Increase (decrease) in liabilities: Accounts and contracts payable 621,975 Accrued payroll and related liabilities 24,561 Total OPEB liability 27,533 Net pension liability 221,479 Customer and developer escrow deposits 35,112 Deferred inflows of resources related to pensions (38,401) Total adjustments 3,977,630 Net cash provided by operating activities $ 5,384,908 - Noncash capital and related financing activities: activities:

Amortization of bond discount $ 1,249

Amortization of deferred loss on refunding $ 2,604

- 41 - 8A - 48 City of West Melbourne, Florida Statement of Fiduciary Net Position – Police Officers’ Pension Trust Fund

Police Officers' Pension Trust September 30, 2020 Fund

ASSETS Investments at fair value: Money market mutual funds $ 417,338 Fixed income mutual funds 1,073,316 Mutual funds - US stock 8,233,691 Mutual funds - International stock 2,610,852 U.S. government obligations 1,962,920 Mortgage-asset backed securities 62,768 Corporate bonds 1,507,182 Real estate funds 1,628,035 Contribution receivable 14,545 Interest receivable 7,946 Total assets 17,518,593 LIABILITIES Accounts payable 10,759 Total liabilities 10,759 FIDUCIARY NET POSITION Restricted for pension benefits $ 17,507,834 $ -

The accompanying notes are an integral part of this financial statement. - 42 - 8A - 49 City of West Melbourne, Florida Statement of Changes in Fiduciary Net Position - Police Officers’ Pension Trust Fund

Police Officers' Pension Trust For the year ended September 30, 2020 Fund

ADDITIONS Contributions: City $ 434,572 Employees 230,786 State 184,880 Total contributions 850,238 Investment income: Net appreciation in the fair value of investments 1,311,440 Interest, dividends and other income 390,667 Total investment gains 1,702,107 Less investment-related expense (48,438) Net investment gains 1,653,669 Total additions 2,503,907 DEDUCTIONS Benefit payments 648,067 Administrative expenses 53,662 Total deductions 701,729 Change in net position 1,802,178 Fiduciary net position, beginning of year 15,705,656 Fiduciary net position, end of year $ 17,507,834 $ -

The accompanying notes are an integral part of this financial statement. - 43 - 8A - 50 THIS PAGE IS INTENTIONALLY LEFT BLANK.

- 44 - 8A - 51 City of West Melbourne, Florida Notes to Financial Statements

Note 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES

The City of West Melbourne, Florida (the “City”) was originally chartered as a Town on September 11, 1959. On July 2, 1970, the City was incorporated as a political subdivision of the State of Florida with a six-member Council, including a Mayor and Deputy-Mayor. In November 1989, a seventh Council member was added and the Mayor became a voting member. The Council appoints the City Manager, who in turn functions as the administrator for the everyday operations of the City. The Council also appoints the Chief of Police and City Attorney. The City provides a full range of municipal services as directed by the City Charter including general government, public safety, public improvements, planning and zoning, water and sewer service, refuse collection, a recycling program and related general and administrative services to its residents.

A. Reporting Entity

The City is a municipal corporation governed by an elected power and seven-member governing council (the “Council”). The accompanying financial statements present the City and its component units, entities for which the City is considered to be financially accountable. Blended component units are, in substance, part of the primary government’s operations even though they are legally separate entities. Thus, blended component units are appropriately presented as funds of the primary government. The accounting policies of the City conform to generally accepted accounting principles (GAAP) as applied to governmental units. The more significant accounting polices used by the City are described below.

In evaluating the City as a reporting entity, management has considered all potential component units in accordance with Section 2100: Defining the Financial Reporting Entity of the Governmental Accounting Standards Board (GASB) Codification.

Blended Component Unit

The West Melbourne-Brevard County Joint Community Redevelopment Agency (the “CRA” or “Community Redevelopment”) was organized under Section 163 of the Florida Statutes pursuant to City Ordinance No. 2012-19 and formally came into existence during the fiscal year ended September 30, 2013. The Joint Community Redevelopment Agency uses property tax incremental revenues derived from taxable real property within the geographic boundaries of the community redevelopment area to finance development within that area. Although legally separate, the CRA is reported as if it were part of the City, as a special revenue fund, because it is governed by a board comprised primarily of the City’s elected Council members. Additionally, the services provided by the CRA create a primarily financial benefit relationship with the City. The separate financial statements of the CRA can be obtained from the City of West Melbourne, Attn: Finance Director, 2240 Minton Road, West Melbourne, Florida 32904.

- 45 - 8A - 52 City of West Melbourne, Florida Notes to Financial Statements

Note 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)

B. Government-Wide and Fund Financial Statements

The government-wide financial statements (i.e., the statement of net position and the statement of activities) report information on all of the nonfiduciary activities of the primary government and its component units. Governmental activities, which normally are supported by taxes, intergovernmental revenues, and other nonexchange transactions, are reported separately from business-type activities, which rely to a significant extent on fees and charges to external customers for support.

The statement of activities demonstrates the degree to which the direct expenses of a given function are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function. Program revenues include 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services or privileges provided by a given function or segment, and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function. Taxes and other items not properly included among program revenues are reported instead as general revenues.

Separate financial statements are provided for governmental funds, proprietary fund and fiduciary funds, even though the latter are excluded from the government-wide financial statements. Major individual governmental funds are reported as separate columns in the fund financial statements.

C. Measurement Focus, Basis of Accounting and Financial Statement Presentation

The accounting and financial reporting treatment is determined by the applicable measurement focus and basis of accounting. Measurement focus indicates the type of resources being measured such as current financial resources or economic resources. The basis of accounting indicates the timing of transactions or events for recognition in the financial statements.

The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary fund and fiduciary fund financial statements. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met.

The governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period, except for federal, state, local or private grants or awards, for which the period is 4 months. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. General

- 46 - 8A - 53 City of West Melbourne, Florida Notes to Financial Statements

Note 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)

C. Measurement Focus, Basis of Accounting and Financial Statement Presentation (Continued)

capital asset acquisitions are reported as expenditures in governmental funds. Issuance of long-term debt and acquisitions under capital leases are reported as other financing sources.

Property taxes, sales taxes, franchise fees, licenses, and interest associated with the current fiscal period are all considered to be susceptible to accrual and so have been recognized as revenues in the current fiscal period. Entitlements are recorded as revenues when all eligibility requirements are met, including any time requirements, and the amount is received during the period or within the availability period for this revenue source (within 4 months of year end). Expenditure-driven grants are recognized as revenue when the qualifying expenditures have been incurred and all other eligibility requirements have been met, and the amount is received during the period or within the availability period for this revenue source (within 4 months of year end). All other revenue items are considered to be measurable and available only when cash is received by the City.

The proprietary and pension benefit trust funds are reported using the economic resources measurement focus and the accrual basis of accounting.

Government-Wide Financial Statements

While separate government-wide and fund financial statements are presented, they are interrelated. The governmental activities column incorporates data from governmental funds, while business-type activities incorporates data from the City’s enterprise funds.

As a general rule, the effect of interfund activity has been eliminated from the government-wide financial statements. Exceptions to this general rule are payments in lieu of taxes where the amounts are reasonably equivalent in value to the interfund services provided and other charges between the City’s water and sewer function and various other functions of the City. Elimination of these charges would distort the direct costs and program revenues reported for the various functions concerned. Amounts reported as program revenues include: 1) charges to customers or applicants for goods, services, or privileges provided, 2) operating grants and contributions, and 3) capital grants and contributions. Internally dedicated resources are reported as general revenues rather than as program revenues. Likewise, general revenues include all taxes.

Fund Financial Statements

The fund financial statements provide information about the City’s funds, including its fiduciary funds. Separate statements for each fund category – governmental, proprietary, and fiduciary – are presented. The emphasis of fund financial statements is on major governmental and enterprise funds, each displayed in a separate column. All remaining governmental funds are aggregated and reported as nonmajor funds. Major individual governmental funds are reported as separate columns in the fund financial statements. There are no non major enterprise funds.

- 47 - 8A - 54 City of West Melbourne, Florida Notes to Financial Statements

Note 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)

C. Measurement Focus, Basis of Accounting and Financial Statement Presentation (Continued)

Fund Financial Statements (Continued)

The City reports the following major governmental funds:

• The General Fund is the City's primary operating fund. It accounts for all financial resources of the general government, except those required to be accounted for in another fund.

• The West Melbourne-Brevard County Joint Community Redevelopment Agency Fund (“Community Redevelopment”) is used to account for tax increment revenues derived from taxable real property within the geographic boundaries of the community redevelopment area to finance development within that area.

• The Capital Projects Fund accounts for the acquisition and construction of the City’s major capital facilities, other than those financed by proprietary funds.

The City reports the following major proprietary fund:

• The Water and Sewer Fund accounts for water and sewer operations financed and operated in a manner similar to a private business enterprise. The fund is intended to be predominantly self-supported from user charges.

Additionally, the City reports the following fiduciary fund type:

• The Police Officers’ Pension Trust Fund accounts for the activities of the City’s police pension and retirement system, which accumulates resources for pension benefit payments to qualified police officers.

The City’s nonmajor governmental funds consist of two special revenue funds (Recreation and Stormwater Utility) and one capital projects fund (Vehicle Replacement).

During the course of operations, the City has activity between funds for various purposes. Any residual balances outstanding at year end are reported as due from/to other funds and advances to/from other funds. While these balances are reported in fund financial statements, certain eliminations are made in the preparation of the government-wide financial statements. Balances between funds included in governmental activities are eliminated so that only the net amount is included as internal balances in the governmental activities column.

- 48 - 8A - 55 City of West Melbourne, Florida Notes to Financial Statements

Note 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)

C. Measurement Focus, Basis of Accounting and Financial Statement Presentation (Continued)

Further, certain activity occurs during the year involving transfers of resources between funds. In fund financial statements these amounts are reported as gross amounts as transfers in/out. While reported in fund financial statements, certain eliminations are made in the preparation of the government-wide financial statements.

Transfers between the funds included in governmental activities are eliminated so that only the net amount is included as transfers in the governmental activities column.

Budgetary Information

The City has elected, as permitted by Section 2400: Budgetary Reporting of the GASB Codification, to disclose all budgetary information in the notes to the required supplementary information.

D. Assets, Deferred Outflows, Liabilities, Deferred Inflows and Net Position or Equity

1. Cash and Cash Equivalents

The City’s cash and cash equivalents are considered to be cash on hand, demand deposits and short- term investments with original maturities of three months or less from the date of acquisition.

2. Investments

Deposits available within various funds, except pension trust funds, were consolidated for investment purposes. Substantially all deposits at September 30, 2020, were invested using the pooled investment concept. Interest earned was allocated monthly to the various funds based on their month-ending cash and investment balances.

Investments for the City are reported at fair value except for the positions in the Florida PRIME, Florida SAFE and the Florida Local Government Investment Trust (FTIP) Day to Day Fund external investment pools. The Florida PRIME, Florida SAFE and FTIP Day to Day Fund external investment pools meet all of the specified criteria in Section I50: Investments of the GASB Codification to qualify to elect to measure their investments at amortized cost. Accordingly, the fair value of the City’s position in the pool is equal to the value of pooled shares.

The City of West Melbourne is empowered by statute to invest in the following instruments and may divest itself of such investments, at prevailing market prices or rates subject to the limitations of Section 218.415 – a) the Local Government Surplus Funds Trust Fund, administered by the Florida State Board of Administration or any intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act of 1969, as provided in s. 163.01, Florida Statutes; b) Securities and Exchange

- 49 - 8A - 56 City of West Melbourne, Florida Notes to Financial Statements

Note 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)

D. Assets, Deferred Outflows, Liabilities, Deferred Inflows and Net Position or Equity (Continued)

2. Investments (Continued)

Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency; c) savings accounts in state-certified qualified public depositories, as defined in Florida Statute 280.02; d) certificates of deposit and Repurchase Agreements in state- certified qualified public depositories, as defined in Florida Statute 280.02; e) direct obligations of the U.S. Treasury; and f) Federal agencies and instrumentalities.

The Police Officers’ Pension Fund is authorized to invest surplus funds in a) equity investments (common stock, convertible bonds and preferred stock) in a corporation listed on one or more of the recognized international exchanges or electronic network; b) fixed income investments with a minimum rating of investment grade or higher as reported by a nationally recognized rating agency except that up to 5% of fixed income investments may be below investment grade; c) money market funds or short-term investment fund options provided by the Plan’s custodian with a minimum rating of Standard & Poor’s “A1” or Moody’s “P1”; d) real estate investments and e) pooled funds including, but not limited to, mutual funds, commingled funds, exchange-traded funds, limited partnerships and private equity.

Banks and savings and loans in which City funds are deposited must be classified as a qualified public depository as defined in the Florida Security for Public Deposits Act, Chapter 280, Florida Statutes, before any deposits are made with those institutions.

3. Receivables and Payables

Unbilled receivables – An amount for unbilled revenue is recorded in the Water and Sewer funds for services rendered, but not yet billed as of the end of the fiscal year. The receivable is derived from the cycle billings generated subsequent to fiscal year end and prorated for usage in September.

All account and tax receivables are shown net of allowance for uncollectible accounts.

As provided by law, the Brevard County Property Appraiser assesses all properties for ad valorem taxing purposes and the Brevard County Tax Collector collects and distributes all taxes. Ad valorem taxes are levied based on property valuation as of January 1. The fiscal year for which ad valorem taxes are levied begins on October 1. Taxes are due beginning November 1, delinquent on April 1, and liened on May 30. Property tax revenues are recognized in the fiscal year for which they are budgeted and also become due and payable. Virtually all unpaid taxes are collected via tax sale certificates sold on or prior to June 1; therefore, no material taxes are receivable at fiscal year end.

- 50 - 8A - 57 City of West Melbourne, Florida Notes to Financial Statements

Note 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)

D. Assets, Deferred Outflows, Liabilities, Deferred Inflows and Net Position or Equity (Continued)

4. Interfund Activities and Transactions

During the course of operations, numerous transactions occur between individual funds for goods provided or services rendered. These receivables and payables are classified as “due from other funds” or “due to other funds” within the fund financial statements. Long-term borrowings between funds are classified as “advances to other funds” or “advances from other funds” in the fund financial statements. These amounts are eliminated in the governmental and business-type activities columns of the statement of net position, except for any residual balance outstanding between the governmental and business-type activities at the end of the fiscal year, which are reported in the government-wide financial statements as internal balances.

Interfund transactions are reflected as services provided, reimbursements, or transfers. Services provided, deemed to be at or near market rates, are treated as revenues and expenditures/expenses. Reimbursements are when a fund incurs a cost, charges the appropriate benefitting fund, and reduces its related costs as a reimbursement. All other interfund transactions are treated as transfers. Transfers between governmental or business-type funds are netted as part of the reconciliation to the government-wide presentation.

5. Inventories and Prepaid Items

All inventories are valued at cost using the first-in, first-out (FIFO) method. Inventories of governmental funds are recorded as expenditures when consumed rather than when purchased. The governmental funds did not have any inventories on hand at year end. Inventory in the proprietary fund consists of materials and supplies used in the production of goods and services.

Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items in both government-wide and fund financial statements. The cost of prepaid items is recorded as expenditures/expenses when consumed rather than when purchased.

6. Restricted Assets

Certain assets of the City are classified as restricted assets on the statement of net position because their use is limited by law through constitutional provisions or enabling legislation; or by restrictions imposed externally by creditors, grantors, contributors or laws or regulations of other governments. Special restricted asset accounts have been established to account for the sources and uses of these limited use assets, as follows:

Customer and Developer Deposit Accounts - Deposited in non-interest bearing accounts and refunded upon termination of service with the City and satisfaction of all obligations due.

Bond and Capital Lease Debt Service Accounts – Includes certain proceeds from issuance of revenue bonds, as well as certain resources set aside for the repayment of bonds or capital lease obligations.

- 51 - 8A - 58 City of West Melbourne, Florida Notes to Financial Statements

Note 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)

D. Assets, Deferred Outflows, Liabilities, Deferred Inflows and Net Position or Equity (Continued)

Law Enforcement Fines and Confiscated Property Account - Fines and property generated and applied toward further education and enhancement of the police department.

7. Capital Assets

Capital assets, which include property, equipment and infrastructure assets (e.g., roads, bridges, sidewalks and similar items), are reported in the applicable governmental or business-type activities columns in the government-wide financial statements. Capital assets are defined by the government as assets with an initial, individual cost of more than $2,000 and an estimated useful life in excess of one year. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets, donated works of art and similar items and capital assets received in a service concession arrangement are reported at acquisition value rather than fair value.

The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend assets lives are not capitalized. Major capital outlays for capital assets and improvements are capitalized as projects are constructed.

Land and construction in progress are not depreciated. The other property, plant, equipment and infrastructure are depreciated using the straight-line method over the following estimated useful lives:

Capital asset classes Lives

Buildings 10 to 50 years Improvements other than buildings 2 to 50 years Machinery and equipment 5 to 10 years Infrastructure 10 to 40 years

8. Deferred Outflows/Inflows of Resources

In addition to assets, the statement of financial position will sometimes report a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption of net position that applies to future period(s) and so will not be recognized as an outflow of resources (expense/expenditure) until then.

The City has three (3) items that qualify for reporting as deferred outflows of resources: the deferred amount on refunding, the deferred outflows related to pensions, and the deferred outflows related to OPEB. All three are reported in the government-wide statement of net position and only two are reported in the proprietary fund statement of net position. The deferred amount on refunding results from debt financing, whereby the reacquisition prices of the funding debt instruments exceed their net carrying amount. The deferred amount on refunding, in the amount of $7,052 at September 30,

- 52 - 8A - 59 City of West Melbourne, Florida Notes to Financial Statements

Note 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)

D. Assets, Deferred Outflows, Liabilities, Deferred Inflows and Net Position or Equity (Continued)

8. Deferred Outflows/Inflows of Resources (Continued)

2020 is being amortized over the shorter of the life of the refunded or refunding debt. The deferred outflows related to pensions are an aggregate of items related to pensions as calculated in accordance with GASB Codification Section P20: Pension Activities – Reporting for Benefits Provided through Trusts That Meet Specified Criteria. The deferred outflows related to pensions will be recognized as either pension expense or a reduction in the net pension liability in future reporting years. The deferred outflows related to other postemployment benefits (OPEB) are an aggregate of items related to OPEB as calculated in accordance with GASB Codification Section P52: Postemployment Benefits Other than Pensions – Reporting Benefits Not Provided through Trusts That Meet Specified Criteria. The deferred outflows related to OPEB will be recognized as either OPEB expense or a reduction in the net OPEB liability in future reporting years.

In addition to liabilities, the statement of financial position will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of net position that applies to a future period(s) and so will not be recognized as an inflow of resources (revenue) until that time. The City has one (1) item that qualifies for reporting as deferred inflows of resources in both the government wide and proprietary fund statements of net position. The deferred inflows related to pensions are an aggregate of items related to pensions as calculated in accordance with GASB Codification Section P20: Pension Activities – Reporting for Benefits Provided through Trusts That Meet Specified Criteria. The deferred inflows related to pensions will be recognized as a reduction to pension expense in future reporting years.

Deferred revenue-business tax receipts are amounts deferred in both the government-wide statement of net position and the governmental fund balance sheet and recognized as an inflow of resources in the period that the amounts become available in accordance with GASB Codification N50: Nonexchange Transactions. At September 30, 2020, the City recognized deferred revenue in the amount of $117,420.

9. Compensated Absences

The City’s policy permits employees to accumulate earned but unused vacation benefits, which are eligible upon separation from government service. The liability for such leave is reported as incurred in the government-wide and proprietary fund financial statements. A liability for those amounts is recorded in the governmental funds only if the liability has matured as a result of employee resignations or retirements. The liability for compensated absences includes salary-related benefits, where applicable. Accumulated sick leave lapses when employees leave the employ of the City and, accordingly upon separation of service, no monetary obligation exists.

- 53 - 8A - 60 City of West Melbourne, Florida Notes to Financial Statements

Note 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)

D. Assets, Deferred Outflows, Liabilities, Deferred Inflows and Net Position or Equity (Continued)

10. Long-Term Obligations

In the government-wide financial statements and proprietary fund types in the fund financial statements, long-term debt and other long-term obligations are reported as liabilities in the applicable governmental, business-type activities, or proprietary fund type statement of net position. Bond premiums and discounts are deferred and amortized over the life of the bonds and is recorded as an adjustment to interest expense. Bonds payable are reported net of the applicable bond premium and discount. In accordance with GASB Codification Section I30: Interest Costs – Imputation, bond issuance costs are expensed in the period incurred except for prepaid insurance costs.

In the fund financial statements, governmental fund types recognize bond premiums and discounts, as well as bond issuance costs, during the current period. The face amount of debt issued is reported as other financing resources. Premiums received on debt issuances are reported as other financing sources while discounts on debt issuances are reported as other financing uses.

11. Pensions

For purposes of measuring the net pension liability, deferred outflows of resources and deferred inflows of resources related to pensions, and pension expense, information about the fiduciary net position of the City’s Police Officers’ pension trust fund and the Florida Retirement System Pension Plan and Health Insurance Subsidy Program and additions to/deductions from the plans’ fiduciary net position have been determined on the same basis as they are reported by the plans. For this purpose, benefit payments (including refunds of employee contributions) are recognized when due and payable in accordance with benefit terms. Investments are reported at fair value.

12. Other Postemployment Benefits

The City participates in a single employer, defined benefit, other post-employment plan. The City does not have a trust for the plan, and there is no actuarial determined contribution. The OPEB liability is determined in accordance with GASBC Section P52: Postemployment Benefits Other Than Pensions – Reporting for Benefits Not Provided through Trusts That Meet Specified Criteria.

The deferred outflows related to other postemployment benefits (OPEB) are an aggregate of items related to OPEB as calculated in accordance with GASBC Section P52: Postemployment Benefits Other Than Pensions – Reporting for Benefits Not Provided through Trusts That Meet Specified Criteria.

- 54 - 8A - 61 City of West Melbourne, Florida Notes to Financial Statements

Note 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)

D. Assets, Deferred Outflows, Liabilities, Deferred Inflows and Net Position or Equity (Continued)

13. Categories and Classification of Fund Equity

Net position flow assumption – Sometimes the City will fund outlays for a particular purpose from both restricted (e.g., restricted bond or grant proceeds) and unrestricted resources. In order to calculate the amounts to report as restricted – net position and unrestricted – net position in the government-wide and proprietary fund financial statements, a flow assumption must be made about the order in which the resources are considered to be applied. It is the City’s policy to consider restricted – net position to have been depleted before unrestricted – net position is applied.

Fund balance flow assumptions - Sometimes the City will fund outlays for a particular purpose from both restricted and unrestricted resources (the total of committed, assigned and unassigned fund balance). In order to calculate the amounts to report as restricted, committed, assigned and unassigned fund balance in the governmental fund financial statements, a flow assumption must be made about the order in which the resources are considered to be applied. It is the City’s policy to consider restricted fund balance to have been depleted before using any of the components of unrestricted fund balance unless there are legal documents/contracts prohibiting this, such as grant agreements. Further, when the components of unrestricted fund balance can be used for the same purpose, committed fund balance is depleted first, followed by assigned fund balance. Unassigned fund balance is applied last.

Fund balance polices – Fund balance of governmental funds is reported in various categories based on the nature of any limitations requiring the use of resources for specific purposes. The City itself can establish limitations on the use of resources through either a commitment (committed fund balance) or an assignment (assigned fund balance).

The provisions of GASB Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, specifies the following classifications:

Nonspendable Fund Balance – Nonspendable fund balances are amounts that cannot be spent because they are either (a) not in spendable form or (b) legally or contractually required to be maintained intact. "Not in spendable form" includes items that are not expected to be converted to cash (inventories, prepaid expenditures) and items such as the long-term amount of interfund advances, property acquired for resale, as well as unrealized gains.

Restricted Fund Balance – Restricted fund balances are restricted when constraints placed on the use of resources are either (a) externally imposed by creditors, grantors, contributors, or laws or regulations of other governments; or (b) imposed by law through constitutional provisions or enabling legislation.

Committed Fund Balance – The committed fund balance classification includes amounts that can be used only for the specific purposes determined by a formal action of the City’s highest level of

- 55 - 8A - 62 City of West Melbourne, Florida Notes to Financial Statements

Note 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)

D. Assets, Deferred Outflows, Liabilities, Deferred Inflows and Net Position or Equity (Continued)

13. Categories and Classification of Fund Equity (Continued)

decision-making authority. The governing council is the highest level of decision-making authority for the City that can, by adoption of an ordinance prior to the end of the fiscal year, commit fund balance. Once adopted, the limitation imposed by the ordinance remains in place until a similar action is taken (the adoption of another ordinance) to remove or revise the limitation.

Assigned Fund Balance – Amounts in the assigned fund balance classification are intended to be used by the City for specific purposes but do not meet the criteria to be classified as committed. The authority to assign fund balance lies with the City Council and may occur through the budget process or formal action. Unlike commitments, assignments generally only exist temporarily. In other words, an additional action does not normally have to be taken for the removal of an assignment. Conversely, as discussed above, an additional action is essential to either remove or revise a commitment.

Unassigned Fund Balance – Unassigned fund balance is the residual classification for the General Fund. This classification represents fund balance that has not been assigned to other funds and that has not been restricted, committed or assigned to specific purposes within the General Fund. Unassigned fund balance may also include negative balances for any governmental fund if expenditures exceed amounts restricted, committed or assigned for those specific purposes. According to the City's Fund Balance policy, the General Fund shall maintain an unassigned, unappropriated fund balance equivalent to a minimum of twenty (20%) of the current fiscal year expenditures less capital outlay and transfers out. At September 30, 2020, this minimum balance is $2,374,238.

14. Revenues and Expenditures/Expenses

Program revenues – Amounts reported as program revenues include, 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment and 2) grants and contributions (including special assessments) that are restricted to meeting the operational or capital requirements of a particular function or segment. All taxes, including those dedicated for specific purposes, and other internally dedicated resources are reported as general revenues rather than program revenues.

Property taxes - The City is permitted by State law to levy taxes up to 10 mills on assessed valuation. However, Chapter 74-430, Laws of Florida, a special act applicable only to governmental units in Brevard County, limits the annual increase to 10% of the prior year’s millage. During a Special Session in June 2007, the Florida Legislature adopted HB1B, which limits municipal property tax rates effective with the 2007-2008 fiscal year. This legislation establishes reductions in the millage rate based on a calculated growth in per capita taxes between the 2002 and 2007 fiscal years. The Legislature did authorize local governments to use the rolled back millage rate if approved by a super majority vote of the governing body. The West Melbourne City Council levy for the fiscal year ended September 30, 2020 was 2.6017 mills, which is equal to the rolled back rate. - 56 - 8A - 63 City of West Melbourne, Florida Notes to Financial Statements

Note 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)

14. Revenues and Expenditures/Expenses

Proprietary funds operating and nonoperating revenues and expenses – Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund’s principal ongoing operations. The principal operating revenues of the Water and Sewer Fund are charges to customers for sales and services and the portion of tap fees intended to recover the cost of connecting new customers to the system. Operating expenses for the Water and Sewer Fund include the cost of sales and services, administrative expenses, and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses.

15. Use of estimates

The preparation of financial statements in conformity with generally accepted accounting principles requires management to make various estimates. Actual results could differ from those estimates. Estimates that are particularly susceptible to significant change in the near term are related to the pension liability and the OPEB liability.

16. Subsequent events

Management has evaluated subsequent events through the date the financial statements were available to be issued, February 24, 2021. See Note 4.G. for relevant disclosures. No subsequent events occurring after this date have been evaluated for inclusion in these financial statements.

17. Recently issued and implemented accounting pronouncements

The City has implemented GASB Statement No. 84, Fiduciary Activities. The implementation of this statement did not result in any change in the City’s financial statements. GASB Statement No. 84 improves the guidance regarding the identification of fiduciary activities for accounting and financial reporting purposes and how those activities should be reported.

The Governmental Accounting Standards Board has issued statements that will become effective in future years. These statements are as follows:

In June 2017, the GASB issued Statement No. 87, Leases. The objective of this Statement is to better meet the information needs of financial statement users by improving accounting and financial reporting for leases by governments. This Statement increases the usefulness of governments’ financial statements by requiring recognition of certain lease assets and liabilities for leases that previously

- 57 - 8A - 64 City of West Melbourne, Florida Notes to Financial Statements

Note 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)

17. Recently issued and implemented accounting pronouncements (Continued) were classified as operating leases and recognized as inflows of resources or outflows of resources based on payment provisions of the contract. It establishes a single model for lease accounting based on the foundational principle that leases are financings of the right to use an underlying asset. Under this Statement, a lessee is required to recognize a lease receivable and a deferred inflow of resources, thereby enhancing the relevance and consistency of information about governments’ leasing activities. The requirements of this Statement are effective for reporting periods beginning after June 15, 2021.

In June 2018, the GASB issued Statement No. 89, Accounting for Interest Cost Incurred Before the End of a Construction Period. The objectives of this Statement are (1) to enhance the relevance and comparability of information about capital assets and the cost of borrowing for a reporting period and (2) to simplify accounting for interest cost incurred before the end of a construction period. This Statement requires that interest cost incurred before the end of a construction period be recognized as an expense in the period in which the cost is incurred for financial statements prepared using the economic resources measurement focus. The requirements of this Statement are effective for reporting periods beginning after December 15, 2020.

In May 2020, the GASB issued GASB Statement No. 96, Subscription-Based Information Technology Arrangements. This statement provides guidance on the accounting and financial reporting for subscription-based information technology arrangements (SBITAs) for government end users (governments). This Statement (1) defines a SBITA; (2) establishes that a SBITA results in a right-to-use subscription asset – an intangible asset – and a corresponding subscription liability; (3) provides the capitalization criteria for outlays other than subscription payments, including implementation costs of a SBITA; and (4) requires note disclosures regarding a SBITA. To the extent relevant, the standards for SBITAs are based on the standards established in Statement No. 87, Leases, as amended. The requirements of this Statement are effective for fiscal years beginning after June 15, 2022, and all reporting periods thereafter. Assets and liabilities resulting from SBITAs should be recognized and measured using the facts and circumstances that existed at the beginning of the fiscal year in which this Statement is implemented. Governments are permitted, but are not required, to include in the measurement of the subscription asset capitalizable outlays associated with the initial implementation stage and the operation and additional implementation stage incurred prior to the implementation of this Statement.

The City is currently evaluating the effects that these statements will have on its financial statements.

- 58 - 8A - 65 City of West Melbourne, Florida Notes to Financial Statements

Note 2: STEWARDSHIP, COMPLIANCE AND ACCOUNTABILITY

A. Deficit Fund Equity

At September 30, 2020, the Stormwater Utility Fund had a deficit unassigned fund balance of $150,612. This deficit was the result of capital and flood mitigation projects completed in advance of receipt of designated funding. The Stormwater Utility Fund has received loans from the General Fund, which will be repaid from future stormwater fees collections. This deficit will be eliminated as resources (future stormwater fees) are obtained.

Note 3: DETAILED NOTES ON ALL FUNDS

A. Deposits and Investments

At September 30, 2020, the City’s carrying amount of cash deposits was $9,414,274, not including petty cash and change accounts totaling $4,100, and the bank balance was $9,732,402. As of September 30, 2020, $500,000 of the City’s bank balances was covered by federal depository insurance (FDIC). Monies invested in amounts greater than the insurance coverage are secured by the qualified public depositories pledging securities with the State Treasurer in such amounts required by the Florida Security for Public Depositories Act. In the event of a default or insolvency of a qualified public depositor, the State Treasurer will implement procedures for payment of losses according to the validated claims of the City pursuant to Section 280.08, Florida Statutes.

The investment program is established in accordance with the City’s investment policy, pertinent bond resolutions and Section 218.45, Florida Statutes, which allows the City to invest in the Florida State Board of Administration intergovernmental investment pool or any intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act of 1969, direct obligations of the United States Government, obligations of the different agencies of the Federal Government, registered money market funds and accounts of state qualified public depositories.

The investing of public funds with the Florida State Board of Administration (SBA) Local Government Surplus Funds Trust Fund (“Florida PRIME”) is governed by Section 218.407, Florida Statutes. The SBA is under regulatory oversight of the State of Florida. The investment pool consists largely of corporate notes and commercial paper. On September 30, 2020, the City had $11,163,239 invested in the SBA. The fair value of the City’s position in the pool is equal to the value of the pooled shares.

The Florida Local Government Investment Trust (Florida SAFE) is a common law trust organized under the laws of the State of Florida as an intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act, as provided in Section 163.01 of the Florida Statutes. The investment pool consists of obligations guaranteed by the full faith and credit of the United States, U.S. government agency obligations, commercial paper, bank obligations and other obligations permitted by applicable Florida Statutes. At September 30, 2020, the City’s share of Florida SAFE was $16,036,987. The fair value of the City’s position in the pool is equal to the value of the pooled shares.

The Florida Surplus Asset Fund Trust (FTIP) Day to Day Fund is a common law trust organized under the laws of the State of Florida as an intergovernmental investment pool authorized pursuant to the - 59 - 8A - 66 City of West Melbourne, Florida Notes to Financial Statements

Note 3: DETAILED NOTES ON ALL FUNDS (Continued)

A. Deposits and Investments (Continued)

Florida Interlocal Cooperation Act, as provided in Section 163.01 of the Florida Statutes. The investment pool offers two open-ended managed funds available only to public entities in Florida. The investment pools consist of short-term to intermediate-term securities permitted by applicable Florida Statutes. At September 30, 2020, the City’s share of the FTIP Day to Day Fund was $5,255,374. The fair value of the City’s position in the FTIP Day to Day Fund investment pool is equal to the value of the pooled shares.

Under GASB Codification I50: Investments, if a participant has an investment in a qualifying external investment pool that measures for financial reporting purposes all of its investments at amortized cost, it should disclose the presence of any limitations or restrictions on withdrawals (such as redemption notice periods, maximum transaction amounts, and the qualifying external investment pool’s authority to impose liquidity fees or redemption gates) in notes to the financial statements. As of September 30, 2020, there were no redemption fees or maximum transaction amounts, or any other requirements that serve to limit the City’s access to 100 percent of their account value in the Florida PRIME, Florida SAFE or FTIP external investment pools.

Cash with escrow and paying agents of $2,667,266 accounted for in the Water and Sewer Fund represents reserves and balances to service outstanding bonds.

Deposits available within various funds, except pension trust funds, were consolidated for investment purposes. Interest earned was allocated monthly to the various funds based on their month-end cash and investment balances. The pension trust funds are authorized to invest in corporate bonds and stocks, money markets funds, mortgages and notes.

Custodial credit risk – Custodial credit risk for deposits is the risk in the event of the failure of a depository financial institution, a government may not be able to recover deposits. Monies placed on deposit with financial institutions in the form of demand deposits, time deposits or certificate of deposits are defined as public deposits. The financial institutions in which the City places its deposits are certified as “qualified public depositories,” as required under the Florida Security for Public Deposits Act. For an investment, this is the risk that, in the event of the failure of the counterparty, the City will not be able to recover the value of its investments or collateral securities that are in the possession of an outside party.

As of September 30, 2020, the City’s pension investments are held in street name in the form of stock, debt securities and U.S. government bonds through financial brokerage firms segregated out from the assets and investments held by other clients of the investment firm and their own assets.

Interest rate risk – Interest rate risk is the possibility that interest rates will rise and reduce the fair value of an investment. The City’s investment policy limits interest rate risk by requiring that an attempt be made to match investment maturities with known cash needs and anticipated cash flow requirements. In addition, investments of current operating funds are required to have maturities of no longer than twelve months. The City’s Police Officers’ Pension Plan does not address interest rate risk. - 60 - 8A - 67 City of West Melbourne, Florida Notes to Financial Statements

Note 3: DETAILED NOTES ON ALL FUNDS (Continued)

A. Deposits and Investments (Continued)

The dollar weighted average days to maturity (WAM) of Florida PRIME at September 30, 2020 is 48 days.

Credit risk – Section I50: Investments of the GASB Codification requires that governments provide information about credit risk associated with their investments by disclosing the credit rating of investments in debt securities as described by nationally recognized statistical rating organizations. The City’s investment policy and the investment policy for the City’s Police Officers’ Pension Plan, limit investments to securities with specific ranking criteria.

Foreign currency risk – The City’s primary government’s investments are not exposed to foreign currency risk and the City’s investment policy does not address foreign currency risk. The City’s pension trust fund is exposed to foreign currency risk and the fund’s investment policy limits investments to a maximum of 25% of the plan’s market value. The pension trust fund currently holds approximately 14.9% of the plan’s market value in international mutual fund stocks.

Concentration risk – Section I50: Investments of the GASB Codification requires disclosures of investments in any one issuer that represents five percent or more of total investments, excluding investments issued or explicitly guaranteed by the U.S government, investments in mutual funds, external investments pools and other pooled investments. The City’s investment policy does not address concentration risk. The Police Officers’ Pension Plan restricts the percentage of assets that may be held in the stock of any one company and the bonds issued by any one issuer.

At September 30, 2020, the City had the following investments:

Investment Maturities (in years) More Investment type Fair Value Less than 1 1-5 6-10 than 10 Rating Agency Primary government: State Board of Administration Florida Prime $11,163,239 $11,163,239 $ - $ - $ - AAAm S&P Florida Trust Investment Pool Day to Day Fund 5,255,374 5,255,374 - - - AAAm S&P Short Term Bond Fund 2,183,289 2,183,289 - - - AAAf/S1 S&P Florida SAFE Investment Pool 16,036,987 16,036,987 - - - AAAm S&P Total primary government investments $34,638,889 $34,638,889 $ - $ - $ -

- 61 - 8A - 68 City of West Melbourne, Florida Notes to Financial Statements

Note 3: DETAILED NOTES ON ALL FUNDS (Continued)

A. Deposits and Investments (Continued)

Investment Maturities (in years) More Investment type Fair Value Less than 1 1-5 6-10 than 10 Rating Agency Pension trust funds: Money market funds $ 417,338 $ 417,338 $ - $ - $ - Not Rated Mutual US stock fund 8,233,691 8,233,691 Mutual Int'l stock fund 2,610,852 2,610,852 - - - 3 MS* Corporate bonds: Corporate bonds (A) 617,239 105,059 268,202 243,978 - AA+ -A- S&P Corporate bonds (B) 889,943 - 326,492 563,451 - BBB+ - BBB S&P Fixed income - mutual funds 1,073,316 1,073,316 - - - 3-4 MS* US government obligations 1,962,920 1,174,822 469,681 318,417 - Not Rated Mortgage/asset backed securities 62,768 - - 62,768 Not Rated Real estate funds 1,628,035 - - - 1,628,035 Not Rated Total fiduciary fund investments $17,496,102 $13,615,078 $ 1,064,375 $ 1,188,614 $ 1,628,035 *MS = Morningstar

Fair Value - GASB Codification Section 3100: Fair Value Measurements establishes a framework for measuring fair value. That framework provides a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure fair value. The hierarchy gives the highest priority to unadjusted quoted prices in active markets for identical assets or liabilities (Level 1 measurements) and the lowest priority to unobservable inputs (Level 3 measurements).

The three levels of the fair value hierarchy under the codification are described as follows:

Level 1: Inputs to the valuation methodology are unadjusted quoted prices for identical assets or liabilities in active markets that the City has the ability to access.

Level 2: Inputs to the valuation methodology include: • quoted prices for similar assets or liabilities in active markets; • quoted prices for identical or similar assets or liabilities in inactive markets; • inputs other than quoted prices that are observable for the asset or liability; • inputs that are derived principally from or corroborated by observable market data by correlation or other means.

Level 3: Inputs to the valuation methodology are unobservable and significant to the fair value measurement.

The asset or liability’s fair value measurement level within the fair value hierarchy is based on the lowest level of any input that is significant to the fair value measurement. Valuation techniques used need to maximize the use of observable inputs and minimize the use of unobservable inputs.

- 62 - 8A - 69 City of West Melbourne, Florida Notes to Financial Statements

Note 3: DETAILED NOTES ON ALL FUNDS (Continued)

A. Deposits and Investments (Continued)

The following table sets forth by level, within the fair value hierarchy, the City’s assets at fair value as of September 30, 2020:

Quoted Prices in Active Observable Markets for Inputs Other Significant Identical than Quoted Unobservable Fair Assets Prices Inputs Value (Level 1) (Level 2) (Level 3) Investments by fair value level: Fiduciary fund: Money market funds $ 417,338 $ 417,338 $ - $ - Mutual funds - US stock 8,233,691 8,233,691 Mutual funds - International stock 2,610,852 2,610,852 - - Corporate bonds 1,507,182 - 1,507,182 - Fixed income mutual funds 1,073,316 - 1,073,316 - US government obligations 1,962,920 - 1,962,920 - Mortgage/asset backed securities 62,768 - 62,768 - Total investments measured by fair value level 15,868,067 $ 11,261,881 $ 4,606,186 $ -

Investments measured at the net asset value (NAV): Primary government: Florida Trust Investment Pool (FTIP) Short Term Bond Fund 2,183,289 Fiduciary fund: Real estate funds 1,628,035

Total investments measured at NAV 3,811,324

Total investments measured at fair value $ 19,679,391

The following is a description of the valuation methodologies used for assets measured at fair value. There have been no changes in the methodologies used at September 30, 2020.

Debt and equity securities – Debt and equity securities classified in Level 1 of the fair value hierarchy are valued using quoted market prices for those securities. Debt securities classified in Level 2 of the fair value hierarchy are valued using a matrix pricing technique based on the price or yield of similar debt securities.

Mutual funds – Mutual funds classified in Level 1 of the fair value hierarchy are valued using quoted market prices for those investments. Mutual funds classified in Level 2 of the fair value hierarchy, - 63 - 8A - 70 City of West Melbourne, Florida Notes to Financial Statements

Note 3: DETAILED NOTES ON ALL FUNDS (Continued)

A. Deposits and Investments (Continued) while underlying securities have observable Level 1 pricing inputs or observable Level 2 significant other pricing inputs, are not publicly quoted and are based on market-corroborated data.

Fixed income funds – Fixed income funds classified in Level 1 of the fair value hierarchy are valued using quoted market prices for those investments. Fixed income funds classified in Level 2 of the fair value hierarchy are not publicly quoted and are based on market-corroborated data.

Real estate funds – Real estate funds are valued at net asset value.

The methods described above may produce a fair value calculation that may not be indicative of net realizable value or reflective of future fair values. Furthermore, although the City believes its valuation methods are appropriate and consistent with other market participants, the use of different methodologies or assumptions to determine the fair value of certain financial instruments could result in a different fair value measurement at the reporting date.

The following table summarizes investments measured at fair value based on NAV per share as of September 30, 2020:

Redemption Unfunded Frequency Redemption Fair Value Commitments (if currently eligible) Notice Period FTIP Short Term Bond Fund $ 2,183,289 None Monthly None stated 30 days prior to last Real estate funds 1,628,035 None Quarterly day of the quarter Total investments measured at net asset value $ 3,811,324

FTIP Short Term Bond Fund – The pool is valued using the quoted value of underlying assets or similar assets and multiplied by the City’s percentage of ownership in the pool.

Real estate funds – The real estate funds invest primarily in U.S. commercial and multi-family residential real estate. Distributions from each fund will be received as the underlying investments of the funds are liquidated. The funds were formed as open-ended investments and will have perpetual existence unless terminated by the ownership (partners). Because it is not probable that any individual investment will be sold, the fair value of each individual investment has been determined using the NAV per share (or its equivalent) of the Police Officers Pension’s ownership interest in partners’ capital.

- 64 - 8A - 71 City of West Melbourne, Florida Notes to Financial Statements

Note 3: DETAILED NOTES ON ALL FUNDS (Continued)

B. Restricted Assets

The balances of the restricted asset accounts in the governmental activities and business-type activities at September 30, 2020 are as follows:

Governmental Business-type Activities Activities Customer and developer deposit accounts $ 187,331 $ 1,078,835 Law enforcement fines and confiscated property account 2,000 - Accrued interest - 129,584 Bond debt service accounts - current - 2,471,922 Total $ 189,331 $ 3,680,341

C. Receivables

For the Water and Sewer Fund, operating revenues are generally recognized on the basis of cycle billings rendered monthly. The amount of services delivered for the period from the last billing date to September 30, 2020 (unbilled receivables), is estimated and accrued at year end. The City provides an allowance for water and sewer accounts receivable that may become uncollectible. At September 30, 2020, this allowance was $86,439. No other allowances for doubtful accounts are maintained since all other accounts receivable are considered collectible at September 30, 2020.

Receivables and amounts due from other governments as of fiscal year end for the individual major funds in the aggregate, including applicable allowances for uncollectible accounts, are as follows:

Governmental Business-type Receivables: Activities Activities Total Taxes $ 256,912 $ - $ 256,912 Solid waste 88,590 - 88,590 Utilities - 1,498,087 1,498,087 Franchise fees 320,838 - 320,838 Special assessments - 97,595 97,595 Other 30,680 - 30,680 Gross receivables 697,020 1,595,682 2,292,702 Less: allowance for uncollectible accounts - (86,439) (86,439) Total receivables, net $ 697,020 $ 1,509,243 $ 2,206,263

Property taxes are considered fully collected (96% of levy) during and prior to the end of the fiscal year. Therefore, no material amounts of property taxes are receivable as of September 30, 2020. There are no other reserves for receivables recorded by the City as of September 30, 2020.

- 65 - 8A - 72 City of West Melbourne, Florida Notes to Financial Statements

Note 3: DETAILED NOTES ON ALL FUNDS (Continued)

D. Capital Assets

The following is a summary of changes in capital assets during the year ended September 30, 2020:

Beginning Decreases / Ending Governmental activities: Balance Increases Transfers Balance Capital assets, not being depreciated: Land $ 1,489,987 $ - $ - $ 1,489,987 Construction in progress 3,359,401 192,641 (3,037,183) 514,859 Total capital assets, not being depreciated 4,849,388 192,641 (3,037,183) 2,004,846 Capital assets, being depreciated: Buildings 8,105,846 3,037,183 (42,872) 11,100,157 Improvements other than buildings 14,410,488 260,458 (2,862) 14,668,084 Machinery and equipment 7,047,990 681,216 (400,249) 7,328,957 Infrastructure 17,089,871 - - 17,089,871 Total capital assets being depreciated 46,654,195 3,978,857 (445,983) 50,187,069 Less accumulated depreciation for: Buildings (3,053,688) (284,665) 42,872 (3,295,481) Improvements other than buildings (3,387,131) (915,199) 2,862 (4,299,468) Machinery and equipment (4,104,580) (904,154) 389,295 (4,619,439) Infrastructure (6,392,687) (939,061) - (7,331,748) Total accumulated depreciation (16,938,086) (3,043,079) 435,029 (19,546,136) Total capital assets being depreciated, net 29,716,109 935,778 (10,954) 30,640,933 Governmental activities capital assets, net $ 34,565,497 $ 1,128,419 $ (3,048,137) $ 32,645,779 Beginning Decreases / Ending Business-type activities: Balance Increases Transfers Balance Capital assets, not being depreciated: Land $ 403,959 $ - $ - $ 403,959 Construction in progress 1,341,454 2,024,831 (688,913) 2,677,372 Total capital assets, not being depreciated 1,745,413 2,024,831 (688,913) 3,081,331 Capital assets, being depreciated: Buildings 2,512,496 - - 2,512,496 Improvements other than buildings 77,485,526 3,568,387 (1,033,959) 80,019,954 Machinery and equipment 8,579,942 307,488 (349,419) 8,538,011 Total capital assets being depreciated 88,577,964 3,875,875 (1,383,378) 91,070,461 Less accumulated depreciation for: Buildings (2,097,864) (21,906) - (2,119,770) Improvements other than buildings (37,167,873) (3,258,560) 991,213 (39,435,220) Machinery and equipment (5,571,799) (465,605) 321,396 (5,716,008) Total accumulated depreciation (44,837,536) (3,746,071) 1,312,609 (47,270,998) Total capital assets being depreciated, net 43,740,428 129,804 (70,769) 43,799,463 Business-type activities capital assets, net $ 45,485,841 $ 2,154,635 $ (759,682) $ 46,880,794

- 66 - 8A - 73 City of West Melbourne, Florida Notes to Financial Statements

Note 3: DETAILED NOTES ON ALL FUNDS (Continued)

D. Capital Assets (continued)

Depreciation/amortization expense was charged to functions/programs of the City as follows:

Governmental activities: General government $ 301,489 Public safety 807,996 Public works 1,356,609 Recreation 576,985 Total depreciation expense - governmental activities $ 3,043,079 $ - Business-type activities: Water and Sewer $ 3,746,071

E. Interfund Receivables, Payables and Transfers

Interfund balances – The composition of interfund balances as of September 30, 2020, is as follows:

Advances to/from other funds: Receivable Fund Payable Fund Amount Current: General Fund Community Redevelopment Fund $ 100,000 General Fund Nonmajor: Stormwater Utility 90,474 Total current 190,474 Noncurrent: General Fund Community Redevelopment Fund 400,000 General Fund Nonmajor: Stormwater Utility 283,326 Total noncurrent 683,326 Total $ 873,800

Between the General Fund and the CRA Fund, the advances are interfund loans used for working capital for the CRA to begin operations. The amount is being repaid to the General Fund over 10 years without interest, administration or service charges.

Between the General Fund and the Stormwater Utility Fund, the advances are interfund loans used for working capital to purchase land and equipment. The amount is being repaid to the General Fund with interest.

- 67 - 8A - 74 City of West Melbourne, Florida Notes to Financial Statements

Note 3: DETAILED NOTES ON ALL FUNDS (Continued)

E. Interfund Receivables, Payables and Transfers (continued)

Interfund transfers – The composition of interfund transfers as of September 30, 2020, is as follows:

Transfers In Governmental Proprietary Total Nonmajor Transfers General Governmental Water and Description Out Fund Funds Sewer Fund Governmental funds: General Fund $ (459,000) $ - $ - $ - Nonmajor: Vehicle Replacement fund - - 493,400 - Total governmental funds (459,000) - 493,400 -

Proprietary funds: Water and Sewer Fund (34,400) - - - Total proprietary funds (34,400) - - - Total $ (493,400) $ - $ 493,400 $ -

The transfers from the General Fund and the Water and Sewer Fund to the Vehicle Replacement Fund reflect the City’s budgeted transfers to fund future replacement of City-owned vehicles and are based on a capital replacement schedule developed during the budgeting process.

F. Long-Term Debt and Liabilities

Revenue Bonds

The City issues revenue bonds to pay the costs of constructing certain capital projects and to refund all or a portion of previously issued revenue bonds. The bonds are secured by and payable from the gross revenues of the City's water and sewer system. The bond resolutions provide that revenues in excess of debt service requirements may be used for general operating purposes. Debt service sinking fund requirements, where applicable, on outstanding bonds have been met or exceeded, in accordance with the bond resolutions.

Revenue bonds outstanding at year-end are as follows:

Business-type activities: Water and Sewer Revenue Bonds, Series 2007 $ 1,969,428 Water and Sewer Revenue Refunding Bonds, Series 2014 2,450,600 Total business-type activities $ 4,420,028

- 68 - 8A - 75 City of West Melbourne, Florida Notes to Financial Statements

Note 3: DETAILED NOTES ON ALL FUNDS (Continued)

F. Long-Term Debt and Liabilities (Continued)

Revenue Bonds (continued)

Water and Sewer Revenue Bonds, Series 2007 – On July 25, 2007, the City issued the West Melbourne Water and Sewer Revenue Bonds, Series 2007 in the principal amount of $8,015,000 ($1,969,428 remaining at September 30, 2020). These bonds were sold to: (i) pay the cost of constructing certain capital improvements to the System, and (ii) finance the costs of issuance of the Series 2007 Bonds. The Series 2007 bonds bear interest at 5.45706% per annum, payable semi-annually on April 1 and October 1. Principal is due annually beginning April 1, 2017, in amounts increasing from $35,000 to $765,000. The final maturity is April 1, 2023.

Water and Sewer Refunding Revenue Bonds, Series 2014 – On September 4, 2014, the City issued $5,778,300 Water and Sewer Revenue Refunding Bonds, Series 2014 ($2,450,600 remaining at September 30, 2020), a refunding bank loan. These bonds were sold to: (i) fully refund $960,000 of outstanding Water and Sewer Revenue Refunding Bonds Series 1999, (ii) fully refund $1,300,000 of outstanding Water and Sewer Revenue Refunding and Improvement Bonds, Series 2004, (iii) partially refund $2,925,000 of outstanding Florida Municipal Loan Council Series 2005D, and (iv) partially refund $1,200,000 of outstanding Water and Sewer Revenue Bonds, Series 2007. The Series 2014 bonds bear interest at 2.30% per annum, payable semi-annually on April 1 and October 1. Principal is due annually beginning October 1, 2014, in amounts that range from $104,700 to $1,039,500, until final maturity on October 1, 2026.

Loan Payable

The City obtained a loan to pay the costs of constructing certain capital projects and to finance costs of issuance of revenue bonds. This loan is secured by and payable from the gross revenues of the City's water and sewer system. The loan outstanding at year end, excluding discounts, is as follows:

Business-type activities: Florida Municipal Loan Council, Series 2010D $ 2,415,000 Total business-type activities $ 2,415,000

Loan Payable - Florida Municipal Loan Council, Series 2010D – On August 25, 2010, the City entered into a loan agreement with the Florida Municipal Loan Council (FMLC) in the original amount of $3,820,000 ($2,415,000 remaining at September 30, 2020) to: (i) to pay the cost of constructing certain capital improvements to the System, and (ii) finance the City’s pro-rata costs of issuance of the FMLC Series 2010D Bonds. The loan bears interest at rates ranging from 2.00% to 4.25% per annum, payable semi-annually on April 1 and October 1. Principal is due annually beginning October 1, 2011, in amounts increasing from $160,000 to $270,000 at final maturity on October 1, 2030.

- 69 - 8A - 76 City of West Melbourne, Florida Notes to Financial Statements

Note 3: DETAILED NOTES ON ALL FUNDS (Continued)

F. Long-Term Debt and Liabilities (Continued)

Annual Debt Service Requirements

Annual debt service requirements to maturity for revenue bonds and loans outstanding as of September 30, 2020 excluding premiums and discounts are as follows:

Business-type Activities Year ending September 30, Principal Interest 2021 $ 1,283,600 $ 252,229 2022 1,329,200 197,813 2023 1,052,328 140,949 2024 596,000 99,527 2025 613,600 82,368 2026-2030 1,690,300 194,804 2031 270,000 5,738 Totals $ 6,835,028 $ 973,428

Pledged revenue

Pledged revenues and principal and interest payments are as follows:

Future Current Current Current Debt principal pledged principal percentage issue Term and interest revenue and interest of revenue Pledged Revenue Non ad-valorem 2010D 2030 $ 3,007,105 $ 5,720,234 $ 273,832 5% Water and sewer 2007 2023 2,169,881 1,354,861 net revenues 2014 2027 2,631,470 381,681 Total water and sewer net revenues 4,801,351 4,453,369 1,736,542 39% Total business-type activities $ 7,808,456 $ 10,173,603 $ 2,010,374

Changes in long-term liabilities

Long-term liability activity for the year ended September 30, 2020, is as follows:

Beginning Ending Due Within Balance Additions Reductions Balance One Year Governmental activities: Compensated absences $ 381,878 $ 283,224 $ (230,699) $ 434,403 $ 316,008 Governmental activities long-term liabilities $ 381,878 $ 283,224 $ (230,699) $ 434,403 $ 316,008

- 70 - 8A - 77 City of West Melbourne, Florida Notes to Financial Statements

Note 3: DETAILED NOTES ON ALL FUNDS (Continued)

F. Long-Term Debt and Liabilities (Continued)

Changes in long-term liabilities (continued)

Beginning Ending Due Within Balance Additions Reductions Balance One Year Business-type activities: Loan payable: Loans payable $ 2,590,000 $ - $ (175,000) $ 2,415,000 $ 180,000 Plus/less deferred amounts: For issuance discount (8,384) 1,249 - (7,135) - Total loans payable 2,581,616 1,249 (175,000) 2,407,865 180,000 Bonds payable: Revenue bonds payable $ 5,964,068 $ - $ (1,544,040) $ 4,420,028 $ 1,103,600 Total bonds from direct borrowings 5,964,068 - (1,544,040) 4,420,028 1,103,600 Compensated absences 54,018 74,407 (55,007) 73,418 58,735 Business-type activities long-term liabilities $ 8,599,702 $ 75,656 $ (1,774,047) $ 6,901,311 $ 1,342,335

Long-term liabilities such as compensated absences are liquidated by the respective funds that are obligated for the related cost. For governmental activities, compensated absences are generally liquidated by the general fund.

G. Employee Retirement Plans – Defined Contribution Plan

General Employees' Retirement Plan

Plan description. The City of West Melbourne General Employees' Retirement Plan is a defined contribution plan administered by ICMA Retirement Corporation. In a defined contribution plan, benefits depend solely on amounts contributed to the plan plus investment earnings. All full time general employees hired prior to July 1, 2008 are eligible to participate after six months of service.

Employer contributions are vested according to the following schedule: 50% after three years of service; 75% after four years; 100% after five years. There are currently two employees participating in this plan.

Funding policy. Contributions under the plan were established by the Plan & Trust adoption agreement with ICMA Retirement Corporation and may be amended at the City's discretion. Required contributions are 2% and 8% of eligible earnings for employees and employer, respectively. Administrative costs are financed through investment earnings. Required and actual contributions for the year ended September 30, 2020 were $4,404 from employees and $17,614 from the employer. Of the employer’s portion, $0 was paid from forfeitures remaining in the plan.

- 71 - 8A - 78 City of West Melbourne, Florida Notes to Financial Statements

Note 3: DETAILED NOTES ON ALL FUNDS (Continued)

G. Employee Retirement Plans – Defined Contribution Plan (Continued)

General Employees' Retirement Plan (Continued)

Participant loans. The Plan allows participants to borrow from their fund accounts the lesser of $50,000 or 50% of their vested account balance. The loans are secured by the balance in the participant’s account and bear interest at a fixed rate of prime plus 0.5%, as determined on the last day of the month preceding the month the loan is disbursed. Principal and interest are paid ratably through bi-weekly payroll deductions over a period not to exceed five years.

H. Employee Retirement Plans – Defined Benefit Plans

Florida Retirement System

Plan description. The City participates in two defined benefit pension plans that are administered by the State of Florida, Department of Management Services, Division of Retirement. The plans provide retirement, disability or death benefits to retirees or their designated beneficiaries. Chapter 121, Florida Statutes, establishes the authority for benefit provisions. Changes to the law can only occur through an act of the Florida Legislature. The State of Florida issues a publicly available financial report that includes financial statements and required supplementary information for the plans. That report is available from the Florida Department of Management Services’ website (www.dms.myflorida.com).

The Florida Retirement System (FRS) Pension Plan is a cost-sharing, multiple-employer defined benefit pension plan with a Deferred Retirement Option Program (DROP) available for eligible employees. The FRS was established and is administered in accordance with Chapter 121, Florida Statutes. Retirees receive a lifetime pension benefit with joint and survivor payment options.

FRS membership is compulsory for employees filling regularly established positions in a state agency, county agency, state university, state college, or district school board, unless restricted from FRS membership under Sections 121.053 or 121.122, Florida Statutes, or allowed to participate in a defined contribution plan in lieu of FRS membership. Participation by cities, municipalities, special districts, charter schools and metropolitan planning organizations is optional.

The Retiree Health Insurance Subsidy (HIS) Program is a cost-sharing, multiple-employer defined benefit pension plan established and administered in accordance with Section 112.363, Florida Statutes. The benefit is a monthly payment to assist retirees and surviving beneficiaries of the state- administered retirement systems in paying their health insurance costs. To be eligible to receive a HIS benefit, a retiree under a state administered retirement system must provide proof of eligible health insurance coverage, which can include Medicare.

Benefits provided. Benefits under the FRS Pension Plan are computed on the basis of age and/or years of service, average final compensation, and service credit. Credit for each year of service is expressed as a percentage of the average final compensation. For members initially enrolled before July 1, 2011, the average final compensation is the average of the five highest fiscal years’ earnings; for members - 72 - 8A - 79 City of West Melbourne, Florida Notes to Financial Statements

Note 3: DETAILED NOTES ON ALL FUNDS (Continued)

H. Employee Retirement Plans – Defined Benefit Plans (Continued)

Florida Retirement System (Continued)

initially enrolled on or after July 1, 2011, the average final compensation is the average of the eight highest fiscal years’ earnings. The total percentage value of the benefit received is determined by calculating the total value of all service, which is based on the retirement plan and/or class to which the member belonged when the service credit was earned.

Eligible retirees and beneficiaries receive a monthly HIS payment equal to the number of years of service credited at retirement multiplied by $5. The minimum payment is $30 and the maximum payment is $150 per month, pursuant to Section 112.363, Florida Statutes.

Contributions. The contribution requirements of plan members and the employer are established and may be amended by the Florida Legislature. Employees are required to contribute 3.00% of their salary to the FRS. The employer’s contribution rates as of September 30, 2020, were as follows:

FRS HIS Regular class 8.34% 1.66% Senior management service class 25.63% 1.66% DROP from FRS 15.32% 1.66%

The employer’s contributions for the year ended September 30, 2020, were $292,591 to the FRS and $64,613 to the HIS.

Pension liabilities and pension expense. In its financial statements for the year ended September 30, 2020, the City reported a liability for its proportionate share of the net pension liability of the FRS Pension Plan and its proportionate share of the net pension liability of the HIS Program. The net pension liabilities were measured as of June 30, 2020. The City’s proportions of the net pension liabilities were based on its share of contributions to the pension plans relative to the contributions of all participating entities, actuarially determined.

FRS HIS Net pension liability $ 3,816,742 $ 1,369,034

Proportion at: Current measurement date 0.0088% 0.0112% Prior measurement date 0.0085% 0.0107% Increase in proportionate share 0.0003% 0.0005%

Pension expense $ 855,149 $ 154,753

- 73 - 8A - 80 City of West Melbourne, Florida Notes to Financial Statements

Note 3: DETAILED NOTES ON ALL FUNDS (Continued)

H. Employee Retirement Plans – Defined Benefit Plans (Continued)

Florida Retirement System (Continued)

Deferred outflows/inflows of resources related to pensions. At September 30, 2020, the City reported deferred outflows of resources and deferred inflows of resources related to pensions from the following sources:

FRS HIS Deferred Deferred Deferred Deferred Outflows Inflows Outflows Inflows of Resources of Resources of Resources of Resources Differences between expected and actual experience $ 146,074 $ - $ 56,002 $ 1,056 Changes of assumptions 690,952 - 147,210 79,604 Difference between projected and actual earnings on pension plan investments 227,252 - 1,093 - Changes in proportion and differences between employer contributions and proportionate share of contributions 169,357 - 166,763 - Employer contributions subsequent to the measurement date 94,616 - 17,841 Total $ 1,328,251 $ - $ 388,909 $ 80,660

Deferred outflows of resources related to employer contributions paid subsequent to the measurement date and prior to the employer’s fiscal year end will be recognized as a reduction of the net pension liability in the reporting period ending September 30, 2020. Other pension-related amounts reported as deferred outflows of resources and deferred inflows of resources will be recognized in pension expense as follows:

Year ending September 30, FRS HIS 2021 $ 259,063 $ 81,314 2022 394,763 60,986 2023 333,081 17,424 2024 197,382 37,753 2025 49,346 52,273 Thereafter - 40,658 Total $ 1,233,635 $ 290,408

Actuarial assumptions. The total pension liability for each of the defined benefit plans was measured as of June 30, 2020. The total pension liability for the FRS Pension Plan was determined by an actuarial valuation dated July 1, 2020. For the HIS Program, the total pension liability was determined by an actuarial valuation dated July 1, 2020 and using standard actuarial valuation procedures to develop the liability at June 30, 2020. - 74 - 8A - 81 City of West Melbourne, Florida Notes to Financial Statements

Note 3: DETAILED NOTES ON ALL FUNDS (Continued)

H. Employee Retirement Plans – Defined Benefit Plans (Continued)

Florida Retirement System (Continued)

The individual entry age normal actuarial cost method was used for each plan, along with the following significant actuarial assumptions:

FRS HIS Inflation 2.40% 2.40% Payroll growth, including inflation 3.25% 3.25% Investment rate of return 6.80% N/A Discount rate 6.80% 2.21%

Mortality assumptions for the FRS Pension Plan were based on PUB2010 base tables projected generationally with Scale MP-2018. Mortality assumptions for the HIS Program were based on the Generational RP-2000 with Projection Scale BB.

For both plans, the actuarial assumptions were based on the results of an actuarial experience study for the period July 1, 2013, through June 30, 2018.

The following changes in key actuarial assumptions occurred in 2020:

FRS: The long-term expected rate of return and the discount rate used to determine the total pension liability decreased from 6.90% to 6.80%.

HIS: The municipal bond index rate and the discount rate used to determine the total pension liability decreased from 3.50% to 2.21 %.

The long-term expected investment rate of return was not based on historical returns, but instead was based on a forward-looking capital market economic model. Each asset class assumption is based on a consistent set of underlying assumptions, and includes an adjustment for the inflation assumption. For the FRS Pension Plan, the table below summarizes the consulting actuary’s assumptions based on the long-term target asset allocation.

Annual Compound Annual Target Arithmetic (Geometric) Asset Class Allocation Return Return Cash 1.0% 2.2% 2.2% Fixed income 19.0% 3.0% 2.9% Global equity 54.2% 8.0% 6.7% Real estate 10.3% 6.4% 5.8% Private equity 11.1% 10.8% 8.1% Strategic investments 4.4% 5.5% 5.3% Total 100%

- 75 - 8A - 82 City of West Melbourne, Florida Notes to Financial Statements

Note 3: DETAILED NOTES ON ALL FUNDS (Continued)

H. Employee Retirement Plans – Defined Benefit Plans (Continued)

Florida Retirement System (Continued)

Discount rate. The discount rate used to measure the total pension liability for the FRS Pension Plan was 6.80%. FRS’ fiduciary net position was projected to be available to make all projected future benefit payments of current active and inactive employees. Therefore, the discount rate for calculating the total pension liability is equal to the long-term expected rate of return.

Because the HIS Program is essentially funded on a pay-as-you-go basis, a municipal bond rate of 2.21% was used to determine the total pension liability for the program. The Bond Buyer General Obligation Bond 20-Bond Municipal Bond Index was used as the applicable municipal bond index.

Sensitivity analysis. The following tables demonstrate the sensitivity of the net pension liability to changes in the discount rate. The sensitivity analysis shows the impact to the employer’s proportionate share of the net pension liability if the discount rate was 1.00% higher or 1.00% lower than the current discount rate.

FRS HIS 1% Current 1% 1% Current 1% Decrease Discount Rate Increase Decrease Discount Rate Increase (5.80%) (6.80%) (7.80%) (1.21%) (2.21%) (3.21%) Employer's proportionate share of the net pension liability $ 6,094,694 $ 3,816,742 $1,914,185 $ 1,582,542 $ 1,369,034 $1,194,278

Pension plans’ fiduciary net position. Detailed information about the pension plans’ fiduciary net position is available in the State’s separately issued financial reports.

Payables to the pension plans. As of September 30, 2020, the City had no outstanding payables to the FRS or HIS plans for regular employee and employer contributions that were legally required to be paid to the plans but not remitted prior to the end of the year.

Police Officers' Pension Plan

The City maintains and administers a separate single-employer pension plan for all eligible police officers, which assets are included in the Police Officers' Retirement Trust Fund (the "Police Officers’ Pension Plan" or the “Plan”). The plan does not issue stand-alone financial reports and is not included in any other retirement system’s or the entity’s financial report.

Plan description. The City of West Melbourne Police Officers’ Retirement Plan (the “Plan”) is a single-employer defined benefit pension plan. The Plan is administered by a five-member Board of Trustees (two West Melbourne citizens appointed by the City Council, two plan participants selected by the plan membership, and a fifth board member selected by the other four board members and confirmed by the City Council as a ministerial action).

- 76 - 8A - 83 City of West Melbourne, Florida Notes to Financial Statements

Note 3: DETAILED NOTES ON ALL FUNDS (Continued)

H. Employee Retirement Plans – Defined Benefit Plans (Continued)

Police Officers' Pension Plan (Continued)

The Plan does not issue a stand-alone financial report. The Plan’s financial statements as of September 30 are included in the City’s Comprehensive Annual Financial Report. Pension plan data is provided from the respective actuarial reports as of September 30, 2020.

Basis of accounting. The Plan's financial statements are prepared using the accrual basis of accounting. Plan member contributions are recognized in the period in which the contributions are due. Employer contributions to the Plan are recognized when due and the employer has made a formal commitment to provide the contributions. Benefits and refunds are recognized when due and payable in accordance with the terms of the Plan.

Method used to value investments. Investments are reported at fair value. Short-term investments are reported at cost, which approximates fair value. Securities traded on a national or international exchange are valued at the last reported sales price at current exchange rates. Investments that do not have an established market are reported at estimated fair value. Mortgages are valued on the basis of future principal and interest payments, and are discounted at prevailing interest rates for similar instruments.

Description of benefits. Benefits under the Plan are established in accordance with requirements of City Ordinance and Florida Statutes Chapter 185. Benefit provisions may be amended by the City Council but may not be reduced below the minimum specified by statute.

The Plan provides retirement, death and disability benefits to plan members and beneficiaries. Retirement benefits vest with the participants based on years of credited service at 20% per year after six years with full vesting provided after ten years. Employees qualifying for normal retirement are entitled to monthly benefits based on 3% of average final compensation times years of service. Employees hired prior to January 1, 2011 additionally receive $10 per month per year of service. Generally, normal retirement occurs at attained age 55, or with 25 years of service, regardless of age. Early retirement benefits are available at attained age 50 and 10 years of service using reduced benefit formulas.

Service incurred disability benefits are available to employees with no vesting period and provide monthly income (as defined by the plan payable until death or recovery). Non-service incurred disability benefits (available to employees with ten years of plan participation) provide monthly income (as defined by the Plan) payable until death or recovery. In the event of death, the Plan provides for a 10-year certain and life annuity benefit.

Optional forms of benefits are available and may be elected by the employee as provided in the Plan.

- 77 - 8A - 84 City of West Melbourne, Florida Notes to Financial Statements

Note 3: DETAILED NOTES ON ALL FUNDS (Continued)

H. Employee Retirement Plans – Defined Benefit Plans (Continued)

Police Officers' Pension Plan (Continued)

Contribution requirements and funding policy. The employer, employee and State contribution requirements are actuarially determined on an annual basis. Most administrative costs of the Plan are financed through investment earnings of the Plan. Plan members hired on or after January 1, 2011 are required to contribute 8.44% of pensionable pay and Plan members hired before January 1, 2011 are required to contribute 8.54% of pensionable pay. The City recognized as revenues and expenditures on-behalf payments relating to contributions for its public safety employees that the State paid to the Plan in the amount of $184,880. These contributions are funded by an excise tax levied on certain casualty and property insurance premiums. If the remittance from the State is less than estimated by the actuary, the City pays the balance required to fund the total actuarial requirement.

The City’s contributions to the Plan for the year ended September 30, 2020 totaled $619,452, which includes the amount contributed by the State. Plan members contributed $230,786 for the same fiscal year.

Plan administration. The Plan is administered by a Board of Trustees comprised of two (2) Council appointees, two (2) members of the Department elected by the Membership and a fifth member elected by the other four (4) members of the Board of Trustees.

Plan membership as of October 1, 2019:

Inactive plan members or beneficiaries currently receiving benefits 17 Inactive plan members entitled to but not yet receiving benefits 5 Active plan members 44 Total plan members 66

Benefits provided. The Plan provides retirement, termination, disability and death benefits.

Normal retirement. Normal retirement is the earlier of: 1) Age 55 and 10 years of credited service, or 2) 25 years of credited service, regardless of age. Upon retirement, the member receives a monthly benefit equal to 3.0% of Average Final Compensation (AFC) for each year of credited service.

Early retirement. Members are eligible for early retirement upon attaining age 50 and completing 10 years of credited service. Accrued benefits are reduced by 3% for each year from the otherwise normal retirement date.

- 78 - 8A - 85 City of West Melbourne, Florida Notes to Financial Statements

Note 3: DETAILED NOTES ON ALL FUNDS (Continued)

H. Employee Retirement Plans – Defined Benefit Plans (Continued)

Police Officers' Pension Plan (Continued)

Vesting. Vesting begins after 6 years of credited service. The members vest at 20% after 6 years of credited service plus 20% per year thereafter up to 100% after 10 years. Each member will receive an unreduced benefit payable at the later of age 55 or when the member would have attained 10 years of service. Reduced benefits are payable at the later of age 50 or when the member would have attained 10 years of service.

Disability. Eligibility for a service incurred disability is covered from date of employment. Eligibility for a non-service incurred liability vests after 10 years of credited service. The benefit for a service incurred disability is the member’s accrued benefit but not less than 42% of AFC and not less than 25% of AFC for a non-service incurred disability.

Pre-Retirement death benefits. Eligibility for pre-retirement death benefits vests after 10 years of credited service. The benefit is the member’s accrued benefit paid as 50% of the actuarially equivalent 50% Joint and Survivor form of benefit.

Cost of living adjustment. For Members hired before January 1, 2011, the base benefit is increased annually by a pro-rated portion of 2.0% each October 1 beginning 5 years after retirement. The pro- ration will be years of service prior to February 19, 2013 over total years of service at retirement. Minimum COLA for those hired before January 1, 2011 will be 1.0%.

Supplemental Benefit. Members hired before January 1, 2011 receive a monthly supplemental benefit equal to $10 for each year of Credited Service. This supplemental benefit is not subject to cost-of-living adjustments, and is not provided to vested terminated members.

Share Plan. Effective September 30, 2017, the individual share account of each active member who has accrued at least one complete year of credited service under the plan and who is not participating in the DROP will receive a one-time allocation equal to $1,200 plus $400 for each additional complete year of service in excess of one year, subject to a maximum allocation of $5,200. This is funded by the existing Excess State Monies Reserve with any remaining amounts applied to reduce the UAAL as of September 30, 2017. Effective September 30, 2017 and each September 30 thereafter, the sum of $600 plus three percent interest shall be allocated to the individual share account of each member hired on or after January 1, 2011 who has at least one year of credited service. The annual allocations will be funded solely by the annual state monies received with any remaining amounts applied to reduce the City’s annual contribution requirement. At September 30, 2020, $176,287 of state funds was allocated to the share plan.

Contributions. Remaining amount required in order to pay current costs and amortize unfunded past service cost, if any, as provided in Chapter 112, Florida Statutes.

- 79 - 8A - 86 City of West Melbourne, Florida Notes to Financial Statements

Note 3: DETAILED NOTES ON ALL FUNDS (Continued)

H. Employee Retirement Plans – Defined Benefit Plans (Continued)

Police Officers' Pension Plan (Continued)

Investment policy. The following was the Board's adopted asset allocation policy as of September 30, 2020:

Target Asset Class: Allocation Domestic equity 45.0% International equity 15.0% Global tactical asset allocation funds 2.5% Broad market fixed income 22.5% Global fixed income 5.0% Real estate 10.0% Total 100.0%

Concentrations. The Plan did not hold investments in any one organization that represents 5 percent or more of the Pension Plan's fiduciary net position.

Rate of return. For the year ended September 30, 2020, the annual money-weighted rate of return on Pension Plan investments, net of pension plan investment expense, was 10.51%. The money- weighted rate of return expresses investment performance, net of investment expense, adjusted for the changing amounts actually invested.

Deferred Retirement Option Program (DROP).

Eligibility: Members who are eligible for Normal Retirement. Participation: Earlier of (a) 60 months in the DROP program, or (b) 31 years of employment with the City as a Police Officer. Rate of Return: 6.5% per annum, compounded monthly and credited quarterly for those who entered DROP prior to February 19, 2013. 2.0% per annum for those who enter on or after February 19, 2013.

The DROP balance on September 30, 2020 was $131,338.

- 80 - 8A - 87 City of West Melbourne, Florida Notes to Financial Statements

Note 3: DETAILED NOTES ON ALL FUNDS (Continued)

H. Employee Retirement Plans – Defined Benefit Plans (Continued)

Police Officers' Pension Plan (Continued)

Net pension liability of the sponsor. The components of the net pension liability of the sponsor on September 30, 2020 were as follows:

Total pension liability $ 17,723,301 Plan fiduciary net position (17,507,834) Sponsor's net pension liability $ 215,467

Plan fiduciary net position as a percentage of total pension liability 98.78%

Actuarial assumptions. The total pension liability was determined by an actuarial valuation as of October 1, 2019 updated to September 30, 2020 using the following actuarial assumptions applied to the September 30, 2020 measurement period:

Inflation 2.50% Salary increases Service based Discount rate 6.80% Investment rate of return 6.80%

Mortality assumptions were based on the PubS.H-2010 (Below Median) for employees set forward one year for both females and males with healthy active lives and PubS.H-2010 for healthy retirees, set forward one year, both males and females. For beneficiary lives, the mortality rates were based on PubG.H-2010 (Below Median) for healthy retirees for females and PubG.H-2010 for healthy retirees, set back one year for males. For disabled members, the mortality rates were based on 80% PubG.H-2010 for disabled retirees / 20% PubS.H-2010 for disabled retirees. All rates are projected generationally with Mortality Improvement Scale MP-2018.

Plan changes. For the measurement period ended September 30, 2020, and since the prior valuation, there were no changes in plan provisions.

Actuarial assumption changes. For the measurement date ended September 30, 2020 as mandated by Chapter 2015-157, Laws of Florida, the assumed rates of mortality were changed to the rates used in the Milliman’s July 1, 2019 FRS valuation report for special risk employees, with appropriate adjustments made based on plan demographics. Additionally, the investment return assumption was reduced from 6.95% to 6.80%, net of investment related expenses.

Discount rate. The discount rate used to measure the total pension liability was 6.80%.

The projection of cash flows used to determine the discount rate assumed that plan member contributions will be made at the current contribution rate and that sponsor contributions will be

- 81 - 8A - 88 City of West Melbourne, Florida Notes to Financial Statements

Note 3: DETAILED NOTES ON ALL FUNDS (Continued)

H. Employee Retirement Plans – Defined Benefit Plans (Continued)

Police Officers' Pension Plan (Continued)

made at rates equal to the difference between actuarially determined contribution rates and the member rate. Based on those assumptions, the pension plan's fiduciary net position was projected to be available to make all projected future benefit payments of current plan members. Therefore, the long-term expected rate of return on pension plan investments was applied to all periods of projected benefit payments to determine the total pension liability.

The long-term expected rate of return on pension plan investments was determined using a building-block method in which best-estimate ranges of expected future real rates of return (expected returns, net of pension plan investment expenses and inflation) are developed for each major asset class.

These ranges are combined to produce the long term expected rate of return by weighting the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. Best estimates of arithmetic real rates of return for each major asset class included in the pension plan's target asset allocation as of September 30, 2020 are summarized in the following table:

Long Term Expected Real Asset Class: Rate of Return Domestic equity 7.50% International equity 8.50% Broad market fixed income 2.50% Global fixed income 3.50% Global tactical asset allocation funds 3.50% Real estate 4.50%

Sensitivity of the net pension liability (asset) to changes in the discount rate. The following presents the net pension liability of the City, calculated using the discount rate, as well as what the City’s net pension liability (asset) would be if it were calculated using a discount rate that is 1-percentage- point lower or 1-percentage-point higher than the current rate:

Current 1% Decrease Discount Rate 1% Increase (5.80%) (6.80%) (7.80%) Sponsor's net pension liability (asset) $ 2,793,828 $ 215,467 $ (1,889,558)

Net pension liability and changes in the net pension liability. The net pension liability for the Plan was measured as of September 30, 2020 and the total pension liability used to calculate the net pension liability was also determined as of that date. - 82 - 8A - 89 City of West Melbourne, Florida Notes to Financial Statements

Note 3: DETAILED NOTES ON ALL FUNDS (Continued)

H. Employee Retirement Plans – Defined Benefit Plans (Continued)

Police Officers' Pension Plan (Continued)

Increase (Decrease) Total Pension Plan Fiduciary Net Pension Liability Net Position Liability (Asset) (a) (b) (a) - (b) Reporting period ending September 30, 2019 $ 16,325,252 $ 15,705,656 $ 619,596 Changes for the year: Service cost 618,389 - 618,389 Interest 1,155,063 - 1,155,063 Share plan allocation 16,950 - 16,950 Differences between expected and actual experience 237,704 - 237,704 Changes of assumptions 18,010 - 18,010 Changes of benefit terms - - - Contributions - Employer - 434,572 (434,572) Contributions - State - 184,880 (184,880) Contributions - Employee - 230,786 (230,786) Net investment income - 1,653,669 (1,653,669) Benefit payments, including refunds of employee contributions (648,067) (648,067) - Administrative expense - (53,662) 53,662 Net changes 1,398,049 1,802,178 (404,129) Reporting period ending September 30, 2020 $ 17,723,301 $ 17,507,834 $ 215,467

Pension expense and deferred outflows and deferred inflows of resources related to pensions. For the year ended September 30, 2020, the City recognized pension expense of $464,910 for the Police Officers’ Pension Plan. At September 30, 2020, the City reported deferred outflows and deferred inflows of resources from the following sources:

Deferred Deferred Outflows of Inflows of Resources Resources Differences between expected and actual experience $ 575,300 $ 229,744 Changes of assumptions 197,455 4,148 Net differences between projected and actual earnings on pension plan investments - 305,706 Total $ 772,755 $ 539,598

Amounts reported as deferred outflows of resources and deferred inflows of resources related to pensions will be recognized in pension expense as follows:

- 83 - 8A - 90 City of West Melbourne, Florida Notes to Financial Statements

Note 3: DETAILED NOTES ON ALL FUNDS (Continued)

H. Employee Retirement Plans – Defined Benefit Plans (Continued)

Police Officers' Pension Plan (Continued)

Year ending September 30: 2021 $ (2,400) 2022 120,134 2023 186,987 2024 (114,183) 2025 42,619 Thereafter - Total $ 233,157

The Plans’ fiduciary net position has been determined on the same basis used by the pension plans and is equal to the fair value of assets calculated under the accrual basis of accounting.

Required Supplementary Information (RSI) following the notes to financial statements provides multi- year trend data to help determine whether the actuarial value of plan assets are increasing or decreasing over time relative to the actuarial accrued liability for benefits.

Fiduciary fund financial statements. The City does not issue separate financial statements for the Police Officers’ Pension Trust Fund. The basic financial statements of the City include a statement of fiduciary net position and a statement of changes in fiduciary net position for the pension trust fund.

I. Pension expense summary

The total of the City’s pension expense for the fiscal year ended September 30, 2020 is as follows:

Pension Plan Description Expense Defined contribution plan: General Employees' plan - ICMA $ 17,614 Defined benefit plans: Florida Retirement System/HIS 1,009,902 Police Officers' Pension Plan 464,910 Total pension expense $ 1,492,426

Pension liabilities are liquidated by the respective funds that are obligated for the related costs. For governmental activities, pension liabilities are generally liquidated by the general fund.

- 84 - 8A - 91 City of West Melbourne, Florida Notes to Financial Statements

Note 3: DETAILED NOTES ON ALL FUNDS (Continued)

J. Post-Employment Benefits Other than Pensions (OPEB)

The City follows Section P52: Postemployment Benefits Other Than Pensions – Reporting for Benefits Not Provided through Trusts That Meet Specified Criteria of the GASB Codification for certain postemployment health care benefits provided by the City.

Plan description. The OPEB plan is a single-employer benefit plan administered by the City. Medical insurance benefits are provided to employees and their eligible dependents through an employee group medical insurance plan. In accordance with Section 112.0801 of the Florida Statutes, because the City provides a medical plan to active employees and their eligible dependents, the City is also required to provide retirees with the opportunity to participate in this insurance. Benefit provisions for the insurance are established and may be amended by the City Council. The retirees pay the full group premium amount for health insurance with no explicit subsidy from the City.

Funding policy. Contribution rates for the insurance are established on an annual basis. Eligible retirees and their covered dependents receiving benefits contribute 100% of their premium costs for medical insurance. While the City does not directly contribute toward the costs of retiree premiums via an explicit subsidy, the ability of retirees to obtain health insurance coverage at a group rate which includes active employees constitutes a significant economic benefit to retirees, or an OPEB obligation of the City. The City is currently funding this OPEB obligation on a pay-as-you-go basis, contributing only those amounts necessary to provide for its portion of current year benefit costs and expenses. OPEB liabilities are liquidated by the respective funds that are obligated for the related costs. For governmental activities, OPEB liabilities are generally liquidated by the general fund. For the year ended September 30, 2020, the City estimated it subsidized $14,792 of medical costs for its retirees and their covered dependents.

As of September 30, 2020, no trust has been established for the other postemployment benefits.

Plan membership. At October 1, 2018, OPEB membership consisted of the following:

Number of covered individuals Inactive members currently receiving benefits 7 Inactive members entitled to but not yet receiving benefits - Active members 112 Total 119

Actuarial assumptions and other inputs. The total OPEB liability in the September 30, 2020 actuarial assumptions and other inputs, applied to all periods included in the measurement, unless otherwise specified:

Salary Increases 3.00% projected annual salary increase Discount rate 2.14% investment rate of return Health care cost trend rates 7.50% using Society of Actuaries Long-Term Model

- 85 - 8A - 92 City of West Melbourne, Florida Notes to Financial Statements

Note 3: DETAILED NOTES ON ALL FUNDS (Continued)

J. Post-Employment Benefits Other than Pensions (OPEB) (Continued)

Projections of benefits for financial reporting purposes are based on the substantive Plan (the Plan as understood by the employer and the Plan members) and include the types of benefits provided at the time of each valuation and the historical pattern of sharing of benefit costs between the employer and Plan members to that point. The actuarial methods and assumptions used include techniques that are designed to reduce the effects of short-term volatility in actuarial accrued liabilities and the actuarial value of assets, consistent with the long-term perspective of the calculations.

The actuarial assumptions included an annual healthcare cost trend rate of 7.50% initially, reduced by decrements to an ultimate rate of 5.00% after five years. The actuarial methods and assumptions used are designed to reduce short-term volatility in actuarial accrued liabilities and the actuarial value of assets, consistent with the long-term perspective of the calculations.

The October 1, 2018 actuarial valuation included changes in assumptions for the discount rate (decrease from 3.67% in the prior valuation to 3.58%) and in the health care cost trend rates (decrease from 8.00% in the prior valuation to 7.50%). The methods, assumptions, and participant data used are detailed in the actuarial valuation report dated October 1, 2018. These calculations are based on the Entry Age Normal cost method required by GASBC P52.

At September 30, 2020, the City reported a total OPEB liability of $784,355. The other postemployment benefit information has been provided as of the September 30, 2020 measurement date.

Increase (Decrease) Total OPEB Change in total OPEB liability Liability Balance, September 30, 2019 $ 595,302 Changes for the year: Service cost 59,383 Expected interest growth 13,853 Benefit payments and refunds (14,792) Assumption changes 130,609 Net changes 189,053 Balance, September 30, 2020 $ 784,355

Sensitivity of the OPEB liability. The following presents the City’s OPEB liability as if it were calculated using a discount rate that is one percentage point lower or higher than the current discount rate:

1% Decrease Discount Rate 1% Increase (1.14%) (2.14%) (3.14%)

Total OPEB Liability $ 903,298 $ 784,355 $ 685,708

- 86 - 8A - 93 City of West Melbourne, Florida Notes to Financial Statements

Note 3: DETAILED NOTES ON ALL FUNDS (Continued)

J. Post-Employment Benefits Other than Pensions (OPEB) (Continued)

The following presents the City’s total OPEB liability as if it were calculated using a trend rate that is one percentage‐point lower or higher than the current trend rate:

Healthcare Cost 1% Decrease Trend Rate 1% Increase (6.50%) (7.50%) (8.50%)

Total OPEB Liability $ 654,895 $ 784,355 $ 946,286

OPEB expense and deferred outflows of resources and deferred inflows of resources related to OPEB. For the fiscal year ended September 30, 2020, the City recognized an OPEB expense of $93,388. At September 30, 2020, the City reported deferred outflows and deferred inflows of resources from the following sources:

Deferred Deferred Outflows Inflows of Resources of Resources Balance as of September 30, 2019 $ 245,729 $ - Amortization payments (34,943) - Assumption changes 130,608 - Balance as of September 30, 2020 $ 341,394 $ -

Amounts reported as deferred outflows of resources and deferred inflows of resources related to pensions will be recognized in pension expense as follows:

Year ending September 30, 2021 $ 34,943 2022 34,943 2023 34,943 2024 34,943 2025 34,943 Thereafter 166,679 Total $ 341,394

Note 4: OTHER INFORMATION

A. Risk Management

The City is exposed to various risks of loss related to torts; theft of, damage to and destruction of assets, errors and omissions; worker’s compensation and natural disasters.

- 87 - 8A - 94 City of West Melbourne, Florida Notes to Financial Statements

Note 4: OTHER INFORMATION (Continued)

A. Risk Management (Continued)

In fiscal year 2019-2020, the City was a member of the Florida Municipal Insurance Trust (the “Trust”). The Trust is a self-insurance program established to provide worker’s compensation, property, and casualty coverage to participating units of local government in Florida pursuant to various provisions of Florida Statutes. The Trust’s underwriting and vote-setting policies are established after consultation with an independent actuary. The Trust is non-assessable and therefore, the City has no liability for future deficits of the Trust, if any. Only workers compensation is subject to audit thus avoiding additional premium charges beyond policy expirations.

There have been no significant reductions in insurance coverage during the fiscal year 2020. Also, there have been no settlements that exceeded insurance coverage for each of the past three fiscal years.

B. Concentration – Water Supply

The City purchases all of its residents’ water needs from the City of Melbourne, Florida under an agreement dated May 16, 2013, which is currently scheduled to expire December 31, 2026, with an optional fifteen-year extension. During the year, approximately $3.4 million (605,491,800 gallons) of water was purchased and management believes it will be able to continue purchasing water from the City of Melbourne, Florida, sufficient to meet all of its residents’ water needs, for the foreseeable future.

C. Litigation

Various other suits in the ordinary course of operations are pending against the City. While the ultimate effect of such litigation cannot be ascertained at this time, in the opinion of counsel for the City, the liabilities that may arise from such actions would not result in losses that would exceed the liability insurance limits in effect at the time the claim arose or otherwise materially affect the financial position of the City or results of operations.

D. Commitments and contingencies

On February 15, 2011, the City entered into a contract for the management, operation and maintenance of the wastewater treatment, collection and disposal facility. On July 7, 2020, the City Council approved a five-year extension of the contract. The term of the contract extension ends on April 30, 2026. The base fee for the first year was $1,214,768 and is subject to annual adjustment. For fiscal year 2020, the City paid $1,532,700 under this contract.

Amounts received or receivable from grantor agencies are subject to audit and adjustment by grantor agencies, principally federal and state government. Any disallowed claims, including amounts already collected, may constitute a liability of the applicable funds. The amount, if any, of expenditures which may be disallowed by the grantor cannot be determined at this time although the City expects such amounts, if any, to be immaterial.

- 88 - 8A - 95 City of West Melbourne, Florida Notes to Financial Statements

Note 4: OTHER INFORMATION (Continued)

D. Commitments and Contingencies (Continued)

The City has active construction projects as of September 30, 2020 for various projects including the construction of the Sylvan Drive septic to sewer project, Parks Maintenance building expansion and the Greenboro forcemain replacement. At year end, the City’s commitments with contractors totaled $1,777,916. The commitments are being financed by general fund revenues and from enterprise awarded grants.

E. Uncertainties

In March 2020, the World Health Organization made the assessment that the outbreak of the novel coronavirus (COVID-19) can be characterized as a pandemic. As a result, uncertainties have arisen that may have a significant negative impact on the ongoing operating activities and future results of the City. The occurrence and extent of such an impact will depend on future developments, including (i) the duration and spread of the virus, (ii) government quarantine measures, (iii) voluntary and precautionary restrictions on travel or meetings, (iv) the effects of the financial markets, and (v) the effects on the economy overall, all of which remain uncertain.

F. Asset Retirement Obligations

Asset retirement obligations generally apply to legal obligations associated with the retirement of a tangible long-lived asset that result from the acquisition, construction, or development and the normal operation of a long-lived asset. The City assesses asset retirement obligations on a periodic basis. If a reasonable estimate of fair value can be made, the fair value of a liability for an asset retirement obligation is recognized in the period in which it is incurred or a change in estimate occurs.

The City operates a wastewater treatment plant which is regulated by the Florida Department of Environmental Protection, and requires certain cleanup and remediation activities if use of the wastewater treatment plant is discontinued. The City Plans ongoing refurbishment to the plant as needed and has no plans to discontinue use of the plant. As such, the City is not able to readily estimate the fair value of the liability for discontinuing use of the plant, and has not recorded an asset retirement obligation for this asset.

G. Subsequent Events

On July 21, 2020, City Council approved the payoff of the 2010D Water and Sewer Revenue Bonds on their earliest call date. As a result, the City’s escrow agent paid out a total of $2,472,922 in City funds on October 1, 2020 to defease and redeem the 2010D bond series.

On January 8, 2021, the City made an additional (unscheduled) principal payment on the Water and Sewer Revenue Bonds, Series 2007, in the amount of $295,400. As a result of the additional principal payment, principal is now due annually in amounts increasing to $765,000 and the final maturity is April 1, 2023.

- 89 - 8A - 96 City of West Melbourne, Florida Notes to Financial Statements

Note 4: OTHER INFORMATION (Continued)

G. Subsequent Events

On October 19, 2020, the City was awarded $2,266,191 in grant funds from the U.S. Department of Housing and Urban Development to be used for Melbourne Estates flood and drainage improvements by April 30, 2022.

On October 1, 2020, the City adopted new policies and procedures for fixed assets to adhere to Florida Statute: Rule 691-72, F.A.C. The new policy defines fixed assets as tangible property with a life greater than one year and increases the capitalization threshold to $5,000.

- 90 - 8A - 97 REQUIRED SUPPLEMENTARY INFORMATION OTHER THAN MANAGEMENT’S DISCUSSION AND ANALYSIS

- 91 - 8A - 98 City of West Melbourne, Florida Required Pension Supplementary Information Schedule of Proportionate Share of Net Pension Liability Last Six Fiscal Years

Florida Retirement System (FRS) 2020 2019 2018 Employer's proportion of the net pension liability (asset) 0.0088% 0.0085% 0.0080%

Employer's proportionate share of the net pension liability (asset) $ 3,816,742 $ 2,931,379 $ 2,418,611

Employer's covered payroll (2) $ 3,891,666 $ 3,587,314 $ 3,221,038

Employer's proportionate share of the net pension liability (asset) as a percentage of its covered payroll 98.07% 81.72% 75.09%

Plan fiduciary net position as a percentage of the total pension liability 78.85% 82.61% 84.26%

Health Insurance Subsidy Program (HIS) 2020 2019 2018 Employer's proportion of the net pension liability (asset) 0.0112% 0.0093% 0.0093%

Employer's proportionate share of the net pension liability (asset) $ 1,369,034 $ 1,199,732 $ 1,043,790

Employer's covered payroll (2) $ 3,891,666 $ 3,587,314 $ 3,221,038

Employer's proportionate share of the net pension liability (asset) as a percentage of its covered payroll 35.18% 33.44% 32.41%

Plan fiduciary net position as a percentage of the total pension liability 3.00% 2.63% 2.15%

Notes to the schedule:

(1) The amounts presented for each fiscal year were determined as of the measurement date, which was June 30th of the current fiscal year.

(2) GASB Statement No. 82, Pension Issues - An Amendment of GASB Statements No. 67, No. 68 and No. 73, was implemented during fiscal year 2017. Covered payroll shown includes the payroll for defined benefit plan actives, members in DROP and investment plan members.

(3) GASB Statement No. 68 was implemented in fiscal year 2015. Until a full 10-year trend is compiled, the City is presenting information only for those years for which it is available.

- 92 - 8A - 99 City of West Melbourne, Florida Required Pension Supplementary Information Schedule of Proportionate Share of Net Pension Liability Last Five Fiscal Years

2017 2016 2015 (3)

0.0077% 0.0076% 0.0076%

$ 2,276,922 $ 1,924,137 $ 981,132

$ 2,980,912 $ 2,866,110 $ 2,616,648

76.38% 67.13% 37.50%

83.89% 84.88% 92.00%

2017 2016 2015

0.0093% 0.0093% 0.0086%

$ 999,100 $ 1,082,043 $ 879,605

$ 2,980,912 $ 2,866,110 $ 2,616,648

33.52% 37.75% 33.62%

1.64% 0.97% 0.50%

- 93 - 8A - 100 City of West Melbourne, Florida Required Pension Supplementary Information Schedule of Contributions – Florida Retirement System Last Six Fiscal Years

Florida Retirement System (FRS) 2020 2019 2018

Contractually required contribution $ 309,974 $ 273,679 $ 236,670

Contributions in relation to the contractually required contribution 309,974 273,679 236,670

Contribution deficiency (excess) $ - $ - $ -

Employer's covered payroll (1) $ 3,948,863 $ 3,704,208 $ 3,275,014

Contributions as a percentage of covered payroll 7.85% 7.39% 7.23%

Health Insurance Subsidy Program (HIS) 2020 2019 2018

Contractually required contribution $ 65,563 $ 61,481 $ 54,377

Contributions in relation to the contractually required contribution 65,563 61,481 54,377

Contribution deficiency (excess) $ - $ - $ -

Employer's covered payroll (1) $ 3,948,863 $ 3,704,208 $ 3,275,014

Contributions as a percentage of covered payroll 1.66% 1.66% 1.66%

Notes to the schedule:

(1) Covered payroll includes defined benefit plan actives, investment plan members and members in DROP.

(2) GASB Statement No. 68 was implemented in fiscal year 2015. Until a full 10-year trend is compiled, the City is presenting information only for those years for which it is available.

- 94 - 8A - 101 City of West Melbourne, Florida Required Pension Supplementary Information Schedule of Contributions – Florida Retirement System Last Five Fiscal Years

2017 2016 2015(2)

$ 205,301 $ 199,039 $ 185,321

205,301 199,039 185,321

$ - $ - $ -

$ 3,048,186 $ 3,022,624 $ 2,654,154

6.74% 6.58% 6.98%

2017 2016 2015

$ 50,569 $ 50,187 $ 35,935

50,569 50,187 35,935

$ - $ - $ -

$ 3,048,186 $ 3,022,624 $ 2,654,154

1.66% 1.66% 1.35%

- 95 - 8A - 102 City of West Melbourne, Florida Required Pension Supplementary Information Schedule of Changes in Net Pension Liability and Related Ratios Last Eight Fiscal Years

Police Officers' Pension Plan For the year ended September 30, 2020 2019 2018 Total pension liability Service cost $ 618,389 $ 587,360 $ 545,010 Interest 1,155,063 1,105,163 985,384 Change in Excess State Money - - - Share plan allocation 16,950 16,350 13,800 Changes of benefit terms - - - Differences between expected and actual experience 237,704 (279,907) 748,684 Changes of assumptions 18,010 - 364,891 Benefit payments, including refunds of employee contributions (648,067) (835,995) (518,254) Net change in total pension liability 1,398,049 592,971 2,139,515 Total pension liability - beginning 16,325,252 15,732,281 13,592,766 Total pension liability - ending (a) $ 17,723,301 $ 1 6,325,252 $ 1 5,732,281 Plan fiduciary net position Contributions - employer $ 434,572 $ 447,784 $ 559,041 Contributions - state 184,880 169,767 157,737 Contributions - employee 230,786 227,943 201,707 Net investment income 1,653,669 497,586 1,199,335 Benefit payments, including refunds of employee contributions (648,067) (835,995) (518,254) Administrative expense (53,662) (56,825) (54,986) Net change in plan fiduciary net position 1,802,178 450,260 1,544,580 Plan fiduciary net position - beginning 15,705,656 15,255,396 13,710,816 Plan fiduciary net position - ending (b) $ 17,507,834 $ 1 5,705,656 $ 1 5,255,396 Net pension liability - ending (a) - (b) $ 215,467 $ 619,596 $ 476,885

Plan fiduciary net position as a percentage of the total pension liability 98.78% 96.20% 96.97%

Covered payroll(2) $ 2,724,288 $ 2,689,396 $ 2,389,899 Net pension liability as a percentage of covered payroll 7.91% 23.04% 19.95% Notes to the schedule: (1) The amounts presented for each fiscal year were determined as of September 30. The City implemented GASB Statement No. 67 for the fiscal year ended September 30, 2014. As a result this information is only available for the past eight fiscal years. (2) During fiscal year ending September 30, 2017, the City implemented GASB Statement No. 82, Pension Issues - An Amendment of GASB Statements No. 67, No. 68 and No. 73. The covered payroll amounts shown are in compliance with GASB Statement No. 82, except for the 9/30/2015, 9/30/2014 and 9/30/2013 measurement periods, which include DROP payroll. - 96 - 8A - 103 City of West Melbourne, Florida Required Pension Supplementary Information Schedule of Changes in Net Pension Liability and Related Ratios Last Seven Fiscal Years

Police Officers' Pension Plan 2017 2016 2015 2014 2013

$ 426,777 $ 431,817 $ 373,517 $ 349,217 $ 325,155 917,986 881,847 852,748 802,323 753,170 (214,182) - - - - 121,800 - - - - (5,606) - - - -

(129,422) 10,052 (184,074) - - - (14,515) - 304,099 -

(493,963) (740,129) (652,537) (304,307) (572,002) 623,390 569,072 389,654 1,151,332 506,323 12,969,376 12,400,304 12,010,650 10,859,318 10,352,995 $ 13,592,766 $ 12,969,376 $ 12,400,304 $ 12,010,650 $ 10,859,318

$ 694,581 $ 573,560 $ 582,408 $ 606,424 $ 605,565 141,328 138,223 119,977 117,718 110,917 194,487 161,203 151,179 139,016 135,524 1,463,500 1,078,301 (67,763) 1,003,043 948,930

(493,963) (740,129) (652,537) (304,307) (572,002) (46,693) (48,793) (46,398) (41,892) (36,475) 1,953,240 1,162,365 86,866 1,520,002 1,192,459 11,757,576 10,595,211 10,508,345 8,988,343 7,795,884 $ 13,710,816 $ 11,757,576 $ 10,595,211 $ 10,508,345 $ 8,988,343 $ (118,050) $ 1,211,800 $ 1,805,093 $ 1,502,305 $ 1,870,975

100.87% 90.66% 85.44% 87.49% 82.77%

$ 2,304,347 $ 1,899,385 $ 1,938,150 $ 1,635,200 $ 1,599,176

-5.12% 63.80% 93.13% 91.87% 117.00%

- 97 - 8A - 104 City of West Melbourne, Florida Required Pension Supplementary Information Schedule of Contributions Last Eight Fiscal Years

Police Officers' Pension Plan

For the year ended September 30, 2020 2019 2018 Actuarially determined contribution $ 546,765 $ 505,875 $ 494,231 Contributions in relation to the actuarially determined contributions 602,502 614,358 716,778 Contribution deficiency (surplus) $ (55,737) $ (108,483) $ (222,547)

Covered payroll(2) $ 2,724,288 $ 2,689,396 $ 2,389,899

Contributions as a percentage of covered payroll 22.12% 22.84% 29.99%

Notes to the schedule: (1) The amounts presented for each fiscal year were determined as of September 30. The City implemented GASB Statement No. 67 for the fiscal year ended September 30, 2014. As a result this information is only available for the past eight fiscal years.

(2) During fiscal year ending September 30, 2017, the City implemented GASB Statement No. 82, Pension Issues - An Amendment of GASB Statements No. 67, No. 68 and No. 73. The covered payroll amounts shown are in compliance with GASB Statement No. 82, except for the 9/30/2015, 9/30/2014 and 9/30/2013 measurement periods, which include DROP payroll.

- 98 - 8A - 105 City of West Melbourne, Florida Required Pension Supplementary Information Schedule of Contributions Last Seven Fiscal Years

Police Officers' Pension Plan

2017 2016 2015 2014 2013 $ 539,217 $ 502,767 $ 532,371 $ 567,905 $ 588,816

835,909 711,783 702,385 724,142 663,726 $ (296,692) $ (209,016) $ (170,014) $ (156,237) $ (74,910)

$ 2,304,347 $ 1,899,385 $ 1,938,150 $ 1,635,200 $ 1,599,176

36.28% 37.47% 36.24% 44.28% 41.50%

- 99 - 8A - 106 City of West Melbourne, Florida Required Pension Supplementary Information Schedule of Investment Returns Last Eight Fiscal Years

Police Officers' Pension Plan

For the year ended September 30, 2020 2019 2018 2017 2016 2015 2014 2013 Annual money-weighted rate of return net of investment expense 10.51% 3.17% 8.75% 12.36% 9.80% -0.65% 10.96% 11.98%

- 100 - 8A - 107 City of West Melbourne, Florida Required Pension Supplementary Information Police Officers’ Pension Plan Notes to Schedule

Valuation Date: October 1, 2018 Actuarially determined contribution rates are calculated as of October 1, two years prior to the end of the fiscal year in which contributions are reported.

Methods and assumptions used to determine contribution rates:

Funding method: Entry Age Normal Actuarial Cost Method. Amortization method: Level dollar, closed. Remaining amortization period: 30 years (as of 10/01/2019 valuation) Asset smoothing method: All assets are valued at market value with an adjustment made to uniformly spread actuarial gains and losses (as measured by actual market value investment made to uniformly spread actuarial investment gains and losses (as measured by actual market value investment returns against expected market value investment return) over a five-year period.

Inflation: 2.5% per year. Salary increases: Salary Scale Service Rate 0 10% 1-4 7% 5+ 6% These rates were developed in an August 10, 2018 experience study. Interest rate: 6.80% per year, compounded annually, net of investment related expenses. Payroll growth: None assumed for amortization of the Unfunded Actuarial Accrued Liability.

Normal Retirement Rates: Number of Years after First Eligibility for Normal Retirement Probability of Normal Retirement 0 60% 1 40% 2 40% 3 40% 4 40% 5 or more 100%

For those retiring with 25 or more years of service, Members are assumed to retire at 25 years of service at a rate of 75% per year and 100% for all years thereafter. These rates were adjusted as part of an August 10, 2018 experience study.

- 101 - 8A - 108 City of West Melbourne, Florida Required Pension Supplementary Information Police Officers’ Pension Plan Notes to Schedule

Early retirement rate: Commencing upon eligibility for Early Retirement, Members are assumed to retire with an immediate benefit at the rate of 5.0% per year. These rates were confirmed in an August 10, 2018 experience study. Termination rates: See table below.

Disability rates: See table below.

Mortality rate: Healthy Active Lives: Female: PubS.H-2010 (Below Median) for Employees, set forward one year. Prior year assumption: RP2000 Generational, 100% Combined Healthy White Collar, Scale BB. Male: PubS.H-2010 (Below Median) for Employees, set forward one year. Prior year assumption: RP2000 Generational, 10% Combined Healthy White Collar / 90% Combined Healthy Blue Collar, Scale BB.

Healthy Retiree Lives: Female: PubS.H-2010 for Healthy Retirees, set forward one year. Prior year assumption: RP2000 Generational, 100% Annuitant White Collar, Scale BB. Male: PubS.H-2010 (Below Median) for Healthy Retirees, set forward one year. Prior year assumption: RP2000 Generational, 10% Annuitant White Collar / 90% Annuitant Blue Collar, Scale BB.

Beneficiary Lives: Female: PubG.H-2010 (Below Median) for Healthy Retirees. Prior year assumption: RP2000 Generational, 100% Annuitant White Collar, Scale BB. Male: PubG.H-2010 (Below Median) for Healthy Retirees, set back one year. Prior year assumption: RP2000 Generational, 10% Annuitant White Collar / 90% Annuitant Blue Collar, Scale BB.

Disabled Lives: 80% PubG.H-2010 for Disabled Retirees / 20% PubS.H-2010 for Disabled Retirees.

Prior year assumption (Female): 60% RP2000 Disabled Female set forward two years / 40% Annuitant White Collar with no setback, no projection scale.

- 102 - 8A - 109 City of West Melbourne, Florida Required Pension Supplementary Information Police Officers’ Pension Plan Notes to Schedule

Prior year assumption (Male): 60% RP2000 Disabled Male setback four years / 40% Annuitant White Collar with no setback, no projection scale.

All rates are projected generationally with Mortality Improvement Scale MP-2018. We feel this assumption sufficiently accommodates future mortality improvements.

The previously described mortality assumption rates were mandated by Chapter 2015-157, Laws of Florida. This law mandates the use of the assumptions used in either of the two most recent valuations of the Florida Retirement System (FRS). The above rates are those outlined in Milliman’s July 1, 2019 FRS valuation report for special risk employees, with appropriate adjustments made based on plan demographics. Terminating Rate Table % Terminating During Age the Year 25 11.7% 30 10.5% 35 8.3% 40 5.7% 45 3.5% 50 1.5% 55 0.6% 55 0.6%

These rates were confirmed in an August 10, 2018 Experience Study. We feel these rates are reasonable based on long-term expectations.

Disability Rate Table % Becoming Disabled Age During the Year 25 0.15% 30 0.18% 35 0.23% 40 0.30% 45 0.51% 50 1.00% 55 1.55%

- 103 - 8A - 110 City of West Melbourne, Florida Required Pension Supplementary Information Police Officers’ Pension Plan Notes to Schedule

It is assumed that 75% of disablements and active Member deaths are service related.

The assumed rates of disablement were utilized and carried over from the prior actuary. The Plan feels these rates are consistent with those utilized for plans containing other Florida municipal police officers.

Changes of benefit terms: During the fiscal year ended September 30, 2017, Ordinance No. 2017-10 implemented the following changes: * Provided clarification that the pre-retirement death benefit shall be reduced by 3% per year for each year that commencement precedes the Normal Retirement Date, with a maximum reduction of 15%. * Provided details regarding the treatment of the existing Excess State Monies Reserve and how future annual State Monies will be allocated between the City and the Share Plan. * Provided that members hired on or after January 2, 2011 will be able to participate in the Deferred Retirement Option Plan (DROP). Changes of assumptions: For measurement date September 30, 2020, as mandated by Chapter 2015-157, Laws of Florida, the assumed rates of mortality were changed to the rates used in Milliman's July 1, 2019 FRS valuation report for special risk employees, with appropriate adjustments made based on plan demographics. Additionally, the investment return assumption was reduced from 6.95% to 6.80%, net of investment related expenses. For measurement date September 30, 2018, based on the actuarial experience study dated August 9, 2018, the Board reduced the interest rate to 6.95%, modified the salary increase rates to use a service-based table and updated retirement rates. For measurement date September 30, 2016, as a result of Chapter 2015-157, Laws of Florida, the assumed rates of mortality were changed to the assumptions used by the Florida Retirement System for special risk employees, the inflation assumption rate was lowered from 3.00% to 2.5%, and the investment rate of return was lowered from 7.20% to 7.10%. For measurement date September 30, 2014, amounts reported as changes of assumptions were resulted from lowering the investment rate of return from 7.40% to 7.20%.

- 104 - 8A - 111 City of West Melbourne, Florida Required Other Postemployment Benefits Supplementary Information Schedule of Changes in OPEB Liability and Related Ratios Last Three Fiscal Years

September 30, 2020 2019 2018 Service cost $ 59,383 $ 44,485 $ 29,429 Expected interest growth 13,853 11,494 10,007 Demographic experience - 21,682 - Benefit payments and refunds (14,792) (11,503) (5,255) Assumption changes 130,609 246,863 - Net change in total OPEB liability 189,053 313,021 34,181 Total OPEB liability - beginning 595,302 282,281 248,100 Total OPEB liability - ending $ 784,355 $ 595,302 $ 282,281 $ - Covered-employee payroll $ 5,280,225 $ 5,280,225 $ 4,992,342

Total OPEB liability as a percentage of covered-employee payroll 14.85% 11.27% 5.65%

Notes to the schedule:

(1) GASB 75 requires an employer to disclose a 10-year history. However, until a full 10-year trend is compiled, information will be presented only for those years which information is available.

(2) The following discount rate was used in each period: 9/30/2017 - 3.35% 9/30/2018 - 3.64% 9/30/2019 - 3.58% 9/30/2020 - 2.14%

- 105 - 8A - 112 City of West Melbourne, Florida Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual - General Fund

Original Final Variance with For the year ended September 30, 2020 Budget Budget Actual Final Budget Revenues Taxes $ 9,656,400 $ 9,656,400 $ 9,715,573 $ 59,173 Licenses and permits 1,449,800 1,449,800 1,231,899 (217,901) Intergovernmental 2,910,200 2,910,200 2,881,123 (29,077) Charges for services 368,000 368,000 257,661 (110,339) Fines and forfeitures 357,200 357,200 367,646 10,446 Contributions and donations 50,000 50,000 22,000 (28,000) Investment income 175,000 175,000 162,055 (12,945) Miscellaneous 63,000 63,000 265,762 202,762 Total revenues 15,029,600 15,029,600 14,903,719 (125,881) Expenditures General government: City Council and Clerk 313,000 313,000 271,409 41,591 Executive and administration 483,550 483,550 442,652 40,898 Finance 407,900 407,900 317,163 90,737 Legal counsel 321,900 321,900 306,138 15,762 Information technology 543,850 543,850 491,277 52,573 Other general services 494,200 494,200 428,955 65,245 Total general government 2,564,400 2,564,400 2,257,594 306,806 Public Safety: Law enforcement 7,142,400 7,214,300 6,743,383 470,917 Protective inspections 1,177,850 1,249,800 1,105,376 144,424 Total public safety 8,320,250 8,464,100 7,848,759 615,341 Public works 2,759,350 2,909,350 1,548,521 1,360,829 Recreation 1,128,300 1,568,300 933,763 634,537 Community development 392,700 392,700 350,457 42,243 Total expenditures 15,165,000 15,898,850 12,939,094 2,959,756 Excess (deficiency) of revenues over (under) expenditures (135,400) (869,250) 1,964,625 2,833,875 Other financing sources (uses) Transfers out (459,000) (459,000) (459,000) - Insurance proceeds 15,000 15,000 88,302 73,302 Proceeds from sale of capital assets 27,500 27,500 34,479 6,979 Net other financing sources (uses) (416,500) (416,500) (336,219) 80,281 Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses (551,900) (1,285,750) 1,628,406 2,914,156 Fund balances, beginning of year 12,231,943 12,231,943 12,231,943 - Fund balances, end of year $ 11,680,043 $ 10,946,193 $ 13,860,349 $ 2,914,156 $ -

- 106 - 8A - 113 City of West Melbourne, Florida Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual – Community Redevelopment

Original Final Variance with For the year ended September 30, 2020 Budget Budget Actual Final Budget

Revenues Intergovernmental $ 426,400 $ 426,400 $ 426,386 $ (14) Total revenues 426,400 426,400 426,386 (14)

Expenditures Current: Economic environment 450 450 420 30 Debt service: Principal 100,000 100,000 - 100,000 Total expenditures 100,450 100,450 420 100,030

Excess of revenues over expenditures 325,950 325,950 425,966 100,016

Fund balances, beginning of year 26,706 26,706 26,706 - Fund balances, end of year $ 352,656 $ 352,656 $ 452,672 $ 100,016 $ -

- 107 - 8A - 114 City of West Melbourne, Florida Budgetary Notes to Required Supplementary Information

A. Budgetary information

An annual budget is prepared for all funds of the City except for the Pension Trust Fund, which is effectively controlled through governing agreements and related City ordinances. The annual operating budgets are prepared on a basis consistent with generally accepted accounting principles except for the Enterprise Fund, uses a modified basis that includes debt proceeds, capital contributions, capital outlay and debt service principal.

Budgets are adopted by the City Council pursuant to City Charter using the following procedures:

• Budget preparation begins with the formulation of a budget calendar by the City Manager, which is distributed generally during April of each year. • Workshops with the City Council are then held regarding budget priorities. • Budget instructions containing City Council priorities are then distributed to department heads along with forms and worksheets. • Each department of the City submits an initial expenditure budget proposal to the Finance Director during May of each year. The Finance Director prepares a proposed budget showing each fund, organization unit (department), program activity, purpose or object of expenditure for the past three years, the current years actual to date and budget, and the next year's proposed budget. • The City Manager reviews the departmental request, and then meets with department heads, where proposed departmental budgets are amended. • The City Manager and Finance Director prepare their final revenue estimates, which contain comparative and estimated data for each fund and revenue source, during June. • The proposed budget is presented to the City Council during July each year. At this time, the City Clerk advertises the public hearing on the proposed budget. • The City Council holds a series of budget workshops and public hearings on the proposed budget, and adopts the official annual budget of the City during September of each year. • When the budget is formally approved, budget documents are distributed to departments for budget implementation on October 1. During the fiscal year, the Finance Director monitors and reviews budgetary activities and prepares projections to be used to determine year-end cash balance and to prepare for the upcoming fiscal year budget.

Budgetary integration is established in the accounting records for management control purposes at the object of expenditure level; however, the City Charter establishes the level at which expenditures may not legally exceed the total City-wide appropriations. Therefore, the City Manager may, at any time, transfer appropriation amounts between line items, expenditure classifications, departments and funds without formal approval by City Council.

However, any revisions that increase the total appropriations at the fund level of the City must be approved through amendment by the City Council. The Council approved several budgetary amendments during the year.

- 108 - 8A - 115 City of West Melbourne, Florida Budgetary Notes to Required Supplementary Information

B. Encumbrances

Open purchase orders and other commitments are recognized as expenditures in the period in which the actual goods or services are received and a liability is incurred. Encumbrances (e.g., purchase order, contracts) outstanding at year end for unfulfilled obligations are cancelled and reappropriated in the succeeding year’s budget. Accordingly, there were no encumbrances outstanding at year end.

- 109 - 8A - 116 THIS PAGE IS INTENTIONALLY LEFT BLANK.

- 110 - 8A - 117 CITY OF WEST MELBOURNE, FLORIDA Nonmajor Governmental Funds

Special Revenue Funds

Special revenue funds are used to account for specific revenues that are legally restricted to expenditures for particular purposes.

Recreation – The Recreation Special Revenue Fund was established to ensure that impact-generating development bear a proportionate share of the cost of improvements to the City’s recreation system.

The recreation fee paid to the City is based upon the appraised value of the land, prior to development (per acre value), multiplied by the required recreation acreage on site, less any approved recreational improvements ($ value of acreage value).

Stormwater Utility Fund – The Stormwater Utility Special Revenue Fund is used to account for the proceeds of assessments to pay for drainage improvements within the City. The Stormwater Utility Fund is provided for in the City Code of Ordinances, Sections 58-411 and 58-412.

Capital Projects Funds

Capital project funds are used to account for the acquisition of capital assets or the construction of major capital projects.

Vehicle Replacement – The Vehicle Replacement Fund is used to account for vehicle replacement resources which are derived from periodic charges to operations to ensure timely replacement of vehicles.

- 111 - 8A - 118 City of West Melbourne, Florida Combining Balance Sheet – Nonmajor Governmental Funds

Capital Special Revenue Projects Total Nonmajor Stormwater Vehicle Governmental September 30, 2020 Recreation Utility Replacement Funds

ASSETS Cash and cash equivalents $ 120,796 $ 235,044 $ 1,283,650 $ 1,639,490 Investments 604,246 - - 604,246 Total assets $ 725,042 $ 235,044 $ 1,283,650 $ 2,243,736

LIABILITIES Accounts payable $ 2,519 $ 10,779 $ - $ 13,298 Accrued payroll and related liabilities - 1,077 - 1,077 Advance from other funds - current - 90,474 - 90,474 Advance from other funds - long-term - 283,326 - 283,326 Total liabilities 2,519 385,656 - 388,175

FUND BALANCES Committed 722,523 - 1,283,650 2,006,173 Unassigned - (150,612) - (150,612) Total fund balances 722,523 (150,612) 1,283,650 1,855,561

Total liabilities and fund balances $ 725,042 $ 235,044 $ 1,283,650 $ 2,243,736 $ - $ - $ -

- 112 - 8A - 119 City of West Melbourne, Florida Combining Statement of Revenues, Expenditures and Changes in Fund Balance Nonmajor Governmental Funds

Capital Special Revenue Projects Total Nonmajor Stormwater Vehicle Governmental For the year ended September 30, 2020 Recreation Utility Replacement Funds REVENUES Taxes $ - $ 584,807 -$ $ 584,807 Charges for services 15,600 - - 15,600 Investment income 6,916 - - 6,916 Total revenues 22,516 584,807 - 607,323

EXPENDITURES Current: Public works - 161,451 - 161,451 Capital outlay 6,000 37,247 - 43,247 Debt service: Interest - 9,250 - 9,250 Total expenditures 6,000 207,948 - 213,948

Excess of revenues over expenditures 16,516 376,859 - 393,375

Other financing sources Transfers in - - 493,400 493,400

Net change in fund balances 16,516 376,859 493,400 886,775

Fund balance (deficit), beginning of year 706,007 (527,471) 790,250 968,786 Fund balance (deficit), end of year $ 722,523 $ (150,612) $ 1,283,650 $ 1,855,561 $ -

- 113 - 8A - 120 City of West Melbourne, Florida Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual - Recreation Fund

Original Final Variance with For the year ended September 30, 2020 Budget Budget Actual Final Budget

Revenues Charges for services $ 220,000 $ 220,000 $ 15,600 $ (204,400) Investment income 10,000 10,000 6,916 (3,084) Total revenues 230,000 230,000 22,516 (207,484)

Expenditures Current: Capital outlay - 95,000 6,000 89,000 Total expenditures - 95,000 6,000 89,000

Excess of revenues over expenditures 230,000 135,000 16,516 (118,484)

Fund balances, beginning of year 706,007 706,007 706,007 - Fund balances, end of year $ 936,007 $ 841,007 $ 722,523 $ (118,484) $ -

- 114 - 8A - 121 City of West Melbourne, Florida Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual – Stormwater Utility Fund

Original Final Variance with For the year ended September 30, 2020 Budget Budget Actual Final Budget

Revenues Taxes $ 588,600 $ 588,600 $ 584,807 $ (3,793) Investment income 1,500 1,500 - (1,500) Total revenues 590,100 590,100 584,807 (5,293)

Expenditures Current: Public works 137,200 137,200 161,451 (24,251) Capital outlay 58,250 58,250 37,247 21,003 Debt service: Interest 9,250 9,250 9,250 - Total expenditures 204,700 204,700 207,948 (3,248)

Excess of revenues over expenditures 385,400 385,400 376,859 (8,541)

Fund deficit, beginning of year (527,471) (527,471) (527,471) - Fund deficit, end of year $ (142,071) $ (142,071) $ (150,612) $ (8,541) $ -

- 115 - 8A - 122 City of West Melbourne, Florida Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual – Vehicle Replacement Fund

Original Final Variance with For the year ended September 30, 2020 Budget Budget Actual Final Budget

Revenues $ - $ - $ - $ - Total revenues - - - -

Expenditures - - - - Total expenditures - - - -

Excess revenues over expenditures - - - -

Other financing sources Transfers in 493,400 493,400 493,400 -

Net change in fund balance 493,400 493,400 493,400 -

Fund balances, beginning of year 790,250 790,250 790,250 - Fund balances, end of year $ 1,283,650 $ 1,283,650 $ 1,283,650 $ - $ -

- 116 - 8A - 123 City of West Melbourne, Florida Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual – Capital Projects

Original Final Variance with For the year ended September 30, 2020 Budget Budget Actual Final Budget

Revenues Intergovernmental $ - 3,991,000 $ 3,991,000 $ - Investment income 24,000 24,000 13,913 (10,087) Total revenues 24,000 4,015,000 4,004,913 (10,087)

Expenditures Current: Public works - 2,181,000 23,166 2,157,834 Total expenditures - 2,181,000 23,166 2,157,834

Excess (deficiency) of revenues over (under) expenditures 24,000 1,834,000 3,981,747 2,147,747

Fund balances, beginning of year 590,933 590,933 590,933 - Fund balances, end of year $ 614,933 $ 2,424,933 $ 4,572,680 $ 2,147,747 $ -

- 117 - 8A - 124 THIS PAGE IS INTENTIONALLY LEFT BLANK.

- 118 - 8A - 125 STATISTICAL SECTION

- 119 - 8A - 126 THIS PAGE IS INTENTIONALLY LEFT BLANK.

- 120 - 8A - 127 STATISTICAL SECTION

This part of the City of West Melbourne, Florida's Comprehensive Annual Financial Report presents detailed information as a context for understanding what the information in the financial statements, note disclosures, and required supplementary information says about the City's overall financial health.

Table of Contents A. Financial Trends

These schedules contain trend information to help the reader understand how the City's financial performance and well-being have changed over time.

Schedule A1 Net Position by Component

Schedule A2 Changes in Net Position – Governmental Activities

Schedule A3 Changes in Net Position – Business Type Activities

Schedule A4 Changes in Net Position – Total Government

Schedule A5 Fund Balances – Governmental Funds

Schedule A6 Changes in Fund Balances – Governmental Funds

B. Revenue Capacity

These schedules contain information to help the reader assess the City's most significant local own- source revenues - ad valorem property taxes, occupational license taxes, and building permits revenues.

Schedule B1 Assessed Value and Estimated Actual Value of Taxable Property

Schedule B2 Tax Revenues by Source Governmental Funds

Schedule B3 Other Non-source Governmental Revenues

Schedule B4 Water and Sewer Consumption - Rates and Revenues

Schedule B5 Direct and Overlapping Property Tax Rates

Schedule B6 Principal Property Taxpayers

Schedule B7 Property Tax Levies and Collections

- 121 - 8A - 128 C. Debt Capacity

These schedules present information to help the reader assess the affordability of the City's current levels of debt outstanding and the City's ability to issue additional debt in the future, as necessary.

Schedule C1 Ratios of Outstanding Debt by Type

Schedule C2 Direct and Overlapping Governmental Activities Debt

Schedule C3 Pledged Revenue Coverage

Schedule C4 Ratios of General Bonded Debt Outstanding

Schedule C5 Legal Debt Margin Information

D. Demographic and Economic Information Financial Trends

These schedules offer demographic and economic indicators to help the reader understand the environment within which the City's financial activities take place.

Schedule D1 Demographic and Economic Statistics

Schedule D2 Principal Employers

E. Operating Information

These schedules contain service and infrastructure data to help the reader understand how the information in the City's financial report relates to the services the City provides and the activities it performs.

Schedule E1 Employees by Function/Program

Schedule E2 Operating Indicators by Function/Program

Schedule E3 Capital Asset Statistics by Function/Program

Additional Notes

Unless otherwise noted, the information in these schedules is derived from the City's Comprehensive Annual Financial Report (CAFR) for the relevant year.

- 122 - 8A - 129 City of West Melbourne, Florida Net Position by Component Schedule A1 Last Ten Fiscal Years

2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 Governmental activities Net investment in capital assets $ 32,164,344 $ 34,205,606 $ 29,479,624 $ 21,230,403 $ 18,758,700 $ 17,684,340 $ 16,495,227 $ 16,539,186 $ 17,064,967 $ 16,332,610 Restricted 13,445,602 8,866,081 7,821,633 7,214,372 6,076,253 4,874,993 4,819,617 3,943,676 3,566,201 4,730,711 Unrestricted 4,235,982 2,249,840 2,775,398 7,619,082 7,002,945 7,174,709 10,199,474 9,737,050 8,651,915 7,870,008 Total governmental activities net position 49,845,928 45,321,527 40,076,655 36,063,857 31,837,898 29,734,042 31,514,318 30,219,912 29,283,083 28,933,329

Business-type activities Net investment in capital assets 39,269,577 36,760,884 35,497,462 33,382,704 30,394,742 29,978,165 27,276,931 27,230,064 27,697,548 26,335,220 Restricted 2,471,922 523,257 511,487 508,640 504,046 797,698 931,435 860,751 168,289 129,795 Unrestricted 19,450,194 19,488,583 13,943,960 10,983,628 8,608,312 6,276,583 6,325,820 6,808,543 7,074,313 8,350,179 Total business-type activities net position 61,191,693 56,772,724 49,952,909 44,874,972 39,507,100 37,052,446 34,534,186 34,899,358 34,940,150 34,815,194

Primary government Net investment in capital assets 71,433,921 70,966,490 64,977,086 54,613,107 49,153,442 47,662,505 43,772,158 43,769,250 44,762,515 42,667,830 Restricted 15,917,524 9,389,338 8,333,120 7,723,012 6,580,299 5,672,691 5,751,052 4,804,427 3,734,490 4,860,506 Unrestricted 23,686,176 21,738,423 16,719,358 18,602,710 15,611,257 13,451,292 16,525,294 16,545,593 15,726,228 16,220,187 Total primary government net position $ 111,037,621 $ 102,094,251 $ 90,029,564 $ 80,938,829 $ 71,344,998 $ 66,786,488 $ 66,048,504 $ 65,119,270 $ 64,223,233 $ 63,748,523

Notes: Accounting standards require that net position be reported in three components in the financial statements: net investment in capital assets; restricted; and unrestricted. Net position is considered restricted only (a) when an external party, (b) a constitutional provision, (c) or enabling legislation imposes legally enforceable limits on how they may be used.

- 123 - 8A - 130 City of West Melbourne, Florida Changes in Net Position – Governmental Activities Schedule A2 Last Ten Fiscal Years

2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 Expenses: General government $ 2,808,023 $ 2,697,267 $ 2,487,264 $ 2,369,589 $ 2,129,445 $ 2,021,970 $ 1,862,813 $ 1,735,188 $ 2,043,225 $ 1,511,738 Public safety 7,886,503 7,668,450 6,833,193 5,968,523 5,548,176 5,403,754 5,034,270 4,942,386 5,171,866 5,132,249 Public works 2,993,822 2,344,923 2,785,278 2,037,325 1,997,169 2,035,490 1,666,681 1,487,912 1,962,606 1,269,753 Recreation 1,492,810 2,255,949 988,794 746,068 1,714,308 2,859,495 775,071 765,755 681,544 490,099 Community development 373,339 339,529 323,027 311,233 260,560 263,056 295,950 280,870 270,453 259,291 Economic environment 420 175 420 176 6,956 15,000 - - - - Interest on long term debt 9,250 8,146 2,326 4,603 6,832 9,014 8,346 1,109 2,894 5,241 Total Expenses 15,564,167 15,314,439 13,420,302 11,437,517 11,663,446 12,607,779 9,643,131 9,213,220 10,132,588 8,668,371 Program Revenues: Charges for services: General government 413,540 404,171 414,793 386,096 412,040 375,474 362,026 248,423 357,434 1,482,850 Public safety 1,359,462 2,358,536 1,759,180 1,645,309 1,492,599 956,302 942,241 814,871 717,671 159,752 Public works 584,807 578,993 373,159 366,577 362,326 360,351 356,485 345,826 343,331 - Recreation 78,064 704,031 428,879 177,282 351,800 69,165 153,527 107,632 151,600 54,613 Community development 109,984 184,144 178,248 237,847 202,729 344,996 271,592 139,910 100,802 123,014 Operating grants and contributions ------275,000 194,171 25,206 Capital grants and contributions 4,000,996 961,801 2,473,014 2,036,754 4,273 404,657 10,553 10,020 110,603 900,000 Total Program Revenues 6,546,853 5,191,676 5,627,273 4,849,865 2,825,767 2,510,945 2,096,424 1,941,682 1,975,612 2,745,435 Net (Expense) Revenue (9,017,314) (10,122,763) (7,793,029) (6,587,652) (8,837,679) (10,096,834) (7,546,707) (7,271,538) (8,156,976) (5,922,936) General Revenues: Property taxes 4,421,186 3,990,738 3,310,658 2,990,353 2,685,306 2,406,066 2,146,830 1,998,440 1,972,161 2,352,766 Franchise fees 1,886,888 1,870,513 1,798,337 1,671,784 1,639,785 1,611,017 1,551,463 1,415,125 1,421,808 1,426,016 Local option gas tax 728,699 672,626 608,754 601,336 578,739 523,989 493,346 479,425 449,903 349,443 Public utility taxes 3,407,499 3,340,164 3,212,103 3,058,189 3,006,729 2,926,332 2,875,172 2,787,819 2,641,329 2,556,430 Payment in lieu of taxes 426,386 344,588 377,318 295,743 1,155,353 2,542,187 27,706 - - - Intergovernmental shared revenue - unrestricted 2,142,428 2,219,476 2,123,578 1,981, 183 1,810,749 1,704,254 1,561,377 1,442,388 1,309,239 1,155,303 Investment income 182,884 337,852 224,140 128,282 45,184 86,879 49,030 51,936 61,239 43,423 Miscellaneous revenue 287,820 145,939 149,163 80,641 19,690 6,787 136,189 33,234 48,221 24,631 Gain on disposition 23,525 ------Transfers,net 34,400 34,400 18,900 6,100 ------Total General Revenues 13,541,715 12,956,296 11,822,951 10,813,611 10,941,535 11,807,511 8,841,113 8,208,367 7,903,900 7,908,012 Special item: Donation - Field of Dreams - 2,411,339 ------Change in Net Position $ 4,524,401 $ 5,244,872 $ 4,029,922 $ 4,225,959 $ 2,103,856 $ 1,710,677 $ 1,294,406 $ 936,829 $ (253,076) $ 1,985,076 - 124 - 8A - 131 City of West Melbourne, Florida Changes in Net Position – Business-Type Activities Schedule A3 Last Ten Fiscal Years

2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 Expenses: Water and sewer $ 12,521,238 $ 11,454,304 $ 11,667,879 $ 11,139,291 $ 10,686,656 $ 10,925,645 $ 10,481,059 $ 10,068,335 $ 9,735,530 $ 9,576,024

Total Expenses 12,521,238 11,454,304 11,667,879 11,139,291 10,686,656 10,925,645 10,481,059 10,068,335 9,735,530 9,576,024

Program Revenues: Charges for services: Water and sewer 12,542,774 12,085,048 11,589,300 11,155,390 10,449,117 9,843,569 9,255,274 8,853,461 8,739,148 8,438,991 Other charges and fees 1,094,408 242,512 11,378 30,175 11,280 61,599 13,290 14,731 11,570 39,036 Operating grants and contributions ------63,500 - Capital grants and contributions 3,115,488 5,685,218 5,032,423 5,253,638 2,653,015 3,918,895 1,019,375 1,158,156 1,037,225 999,903

Total Program Revenues 16,752,670 18,012,778 16,633,101 16,439,203 13,113,412 13,824,063 10,287,939 10,026,348 9,851,443 9,477,930

Net (Expense) Revenue 4,231,432 6,558,474 4,965,222 5,299,912 2,426,756 2,898,418 (193,120) (41,987) 115,913 (98,094)

General Revenues: Interest income 221,937 295,741 134,591 74,060 27,898 25,238 6,343 1,195 9,043 23,292 Transfers, net (34,400) (34,400) (18,900) (6,100) ------

Total General Revenues 187,537 261,341 115,691 67,960 27,898 25,238 6,343 1,195 9,043 23,292

Change in Net Position $ 4,418,969 $ 6,819,815 $ 5,080,913 $ 5,367,872 $ 2,454,654 $ 2,923,656 $ (186,777) $ (40,792) $ 124,956 $ (74,802)

- 125 - 8A - 132 City of West Melbourne, Florida Changes in Net Position – Total Government Schedule A4 Last Ten Fiscal Years

2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 Expenses: Governmental activities $ 15,564,167 $ 15,314,439 $ 13,420,302 $ 11,437,517 $ 11,663,446 $ 12,607,779 $ 9,643,131 $ 9,213,220 $ 10,132,588 $ 8,668,371 Business-type activities 12,521,238 11,454,304 11,667,879 11,139,291 10,686,656 10,925,645 10,481,059 10,068,335 9,735,530 9,576,024

Total Expenses 28,085,405 26,768,743 25,088,181 22,576,808 22,350,102 23,533,424 20,124,190 19,281,555 19,868,118 18,244,395

Program Revenues: Governmental activities 6,546,853 5,191,676 5,627,273 4,849,865 2,825,767 2,510,945 2,096,424 1,941,682 1,975,612 2,745,435 Business-type activities 16,752,670 18,012,778 16,633,101 16,439,203 13,113,412 13,824,063 10,287,939 10,026,348 9,851,443 9,477,930

Total Program Revenues 23,299,523 23,204,454 22,260,374 21,289,068 15,939,179 16,335,008 12,384,363 11,968,030 11,827,055 12,223,365

Net (Expense) Revenue (4,785,882) (3,564,289) (2,827,807) (1,287,740) (6,410,923) (7,198,416) (7,739,827) (7,313,525) (8,041,063) (6,021,030)

General Revenues: Governmental activities 13,541,715 15,367,635 11,822,951 10,813,611 10,941,535 11,807,511 8,841,113 8,208,367 7,903,900 7,908,012 Business-type activities 187,537 261,341 115,691 67,960 27,898 25,238 6,343 1,195 9,043 23,292

Total General Revenues 13,729,252 15,628,976 11,938,642 10,881,571 10,969,433 11,832,749 8,847,456 8,209,562 7,912,943 7,931,304

Change in Net Position $ 8,943,370 $ 12,064,687 $ 9,110,835 $ 9,593,831 $ 4,558,510 $ 4,634,333 $ 1,107,629 $ 896,037 $ (128,120) $ 1,910,274

- 126 - 8A - 133 City of West Melbourne, Florida Fund Balances – Governmental Funds Schedule A5 Last Ten Fiscal Years

2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 General Fund Nonspendable $ 687,495 $ 876,636 $ 1,190,472 $ 1,105,899 $ 1,398,180 $ 894,365 $ 1,103,899 $ 1,220,001 $ 1,517 $ 62,030 Restricted 7,736,924 7,374,642 6,132,806 5,248,234 4,133,311 3,258,871 3,031,364 2,744,493 215,020 273,932 Committed ------3,317,956 3,627,226 Assigned - - - 2,894 51,623 155,779 206,048 206,048 - - Unassigned 5,435,930 3,980,665 3,644,615 7,191,066 6,895,802 7,594,271 7,124,662 5,646,888 5,044,908 4,081,845 Total General Fund $ 13,860,349 $ 12,231,943 $ 10,967,893 $ 13,548,093 $ 12,478,916 $ 11,903,286 $ 11,465,973 $ 9,817,430 $ 8,579,401 $ 8,045,033

All other governmental funds Non-spendable $ - $ - $ - $ - $ - $ - $ - $ 337 $ - $ 39 Restricted 5,025,352 617,639 570,297 939,073 645,006 804,328 796,967 1,199,183 957,653 2,051,590 Committed 2,006,173 1,496,257 824,204 2,587,460 2,502,820 2,333,426 2,516,167 2,513,709 2,392,011 2,343,120 Unassigned (150,612) (527,471) (640,670) ------Total all other governmental funds $ 6,880,913 $ 1,586,425 $ 753,831 $ 3,526,533 $ 3,147,826 $ 3,137,754 $ 3,313,134 $ 3,713,229 $ 3,349,664 $ 4,394,749

- 127 - 8A - 134 City of West Melbourne, Florida Changes in Fund Balances – Governmental Funds Schedule A6 Last Ten Fiscal Years

2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 Revenues: Taxes $ 10,300,380 $ 9,780,408 $ 8,694,257 $ 8,086,903 $ 7,694,146 $ 7,303,766 $ 6,929,950 $ 6,547,210 $ 6,378,629 $ 6,691,869 Licenses and permits 1,231,899 2,142,236 1,766,648 1,714, 142 1,589,162 1,007,632 955,661 874,496 777,293 819,462 Intergovernmental 7,298,509 3,621,726 4,169,003 2,919, 512 3,549,114 4,772,241 2,092,982 2,206,833 2,063,916 2,429,952 Charges for services 273,261 636,592 715,832 500,737 658,953 507,942 508,704 360,969 352,927 250,022 Fines and forfeits 367,646 468,765 244,705 172,536 168,169 184,607 221,516 207,706 167,385 159,752 Developer contributions 22,000 1,310,840 1,036,007 1,995,504 ------Investment income 182,884 361,181 224,140 128,282 45,184 86,879 49,030 51,936 61,669 74,764 Miscellaneous 265,762 126,658 100,142 64,187 47,077 455,389 282,172 50,401 77,693 55,826 Total Revenues 19,942,341 18,448,406 16,950,734 15,581,803 13,751,805 14,318,456 11,040,015 10,299,551 9,879,512 10,481,647 Expenditures: General government 2,240,023 2,173,463 1,982,479 1,915, 566 1,765,503 1,687,452 1,600,523 1,484,670 1,880,897 1,345,429 Public safety 7,022,168 6,836,498 6,363,198 6,114,550 5,340,909 5,051,196 4,789,545 4,702,132 5,011,051 5,066,521 Public works 1,566,385 1,736,719 1,640,772 1,208, 491 1,235,765 1,299,929 1,063,471 927,617 1,242,174 819,315 Recreation 853,610 832,786 724,950 549,453 1,541,003 2,611,184 567,119 561,500 546,884 438,518 Community development 350,457 320,094 313,823 303,003 257,482 278,462 302,462 280,870 275,079 267,912 Economic environment 420 175 420 176 6,956 15,000 - - - - Capital outlay 1,134,315 4,556,852 11,313,665 4,035,502 2,923,358 3,032,901 1,394,338 1,277,442 1,369,943 769,812 Debt service: Principal retired - - 108,298 106,021 103,792 101,609 112,053 22,351 61,306 74,184 Interest 9,250 8,146 2,326 4,603 6,832 9,014 8,346 1,109 2,894 5,240 Total Expenditures 13,176,628 16,464,733 22,449,931 14,237,365 13,181,600 14,086,747 9,837,857 9,257,691 10,390,228 8,786,931 Excess (deficiency) of revenues over (under) expenditures 6,765,713 1,983,673 (5,499,197) 1,344,438 570,205 231,709 1,202,158 1,041,860 (510,716) 1,694,716 Other Financing Sources (Uses) Insurance proceeds 88,302 42,819 101,991 75,573 ------Capital lease proceeds - - - - - 522,120 - 65,424 Transfers in 493,400 402,900 223,650 97,800 65,900 - - - - - Transfers out (459,000) (368,500) (204,750) (91,700) (65,900) - - - - - Proceeds from sale of capital assets 34,479 35,752 25,404 21,773 15,497 30,224 46,290 37,614 - - Net other financing sources (uses) 157,181 112,971 146,295 103,446 15,497 30,224 46,290 559,734 - 65,424 Net Change in Fund Balances $ 6,922,894 $ 2,096,644 $ (5,352,902) $ 1,447,884 $ 585,702 $ 261,933 $ 1,248,448 $ 1,601,594 $ (510,716) $ 1,760,140

Debt Service as a % of Noncapital Expenditures 0.08% 0.07% 1.00% 1.10% 1.10% 1.02% 1.45% 0.29% 0.72% 1.00%

- 128 - 8A - 135 City of West Melbourne, Florida Assessed Value and Estimated Actual Value of Taxable Property Schedule B1 Last Ten Fiscal Years

Taxable Assessed Fiscal Year Value as a Ended Less: Total Taxable Total Estimated Percentage of September Real Personal Tax-Exempt Assessed Direct Actual Actual Taxable 30 Property Property Property Value Tax Rate Taxable Value Value

2020 $ 2,138,960,240 $ 108,937,190 $ 486,568,262 $ 1,761,329,168 $ 2.6017 $ 2,361,833,617 74.57% 2019 1,924,744,240 102,312,218 440,020,275 1,587,036,183 2.6017 2,166,783,115 73.24% 2018 1,708,466,860 91,455,621 406,728,438 1,393,194,043 2.4633 1,967,838,460 70.80% 2017 1,543,748,475 98,537,137 383,216,930 1,259,068,682 2.4633 1,712,215,741 73.53% 2016 1,405,729,894 94,515,457 369,581,311 1,130,664,040 2.4633 1,490,776,551 75.84% 2015 1,321,519,510 79,727,214 357,842,747 1,043,403,977 2.3850 1,303,447,014 80.05% 2014 1,162,011,200 72,647,356 335,035,441 899,623,115 2.2975 1,171,566,553 76.79% 2013 1,159,336,830 61,140,731 333,036,486 887,441,075 2.2975 925,900,650 95.85% 2012 1,326,472,340 71,618,712 350,293,610 1,047,797,442 2.2975 890,107,311 117.72% 2011 1,438,821,470 70,169,982 334,066,861 1,174,924,591 2.2975 1,094,995,651 107.30%

Source: Brevard County Property Appraiser

- 129 - 8A - 136 City of West Melbourne, Florida Tax Revenues by Source – Governmental Funds Schedule B2 Last Ten Fiscal Years

Utility Taxes and Franchise Inter- Other Inter- Fiscal Year Property Taxes Fees Governmental(1) Governmental(2) Totals

2020 $ 4,421,186 $ 5,879,194 $ 3,264,288 $ 43,220 $ 13,607,889 2019 3,990,738 5,789,670 3,585,623 36,104 13,402,135 2018 3,310,658 5,383,599 4,136,639 32,364 12,863,260 2017 2,990,353 5,096,550 2,887,943 31,569 11,006,415 2016 2,685,306 4,646,514 2,510,672 31,020 9,873,512 2015 2,406,066 4,897,700 2,282,524 31,985 9,618,275 2014 2,146,830 4,783,120 2,028,461 26,262 8,984,673 2013 1,998,440 4,548,770 1,896,041 25,772 8,469,023 2012 1,972,161 4,406,468 1,729,977 29,265 8,137,871 2011 2,352,766 4,339,103 1,483,399 21,347 8,196,615

(1) Includes half-cent sales taxes, cigarette and motor fuel taxes, local option gas taxes and police pension premium taxes.

(2) Includes mobile home taxes, alcohol beverage licenses, and municipal fuel rebate taxes. Amounts do not include non-recurring grants or contributions.

Note: Includes General, Special Revenue, Capital Projects and Debt Service Funds, as applicable. Source: Financial Statements and records, City of West Melbourne.

- 130 - 8A - 137 City of West Melbourne, Florida Other Non-Source Governmental Revenues Schedule B3 Last Ten Fiscal Years

Fiscal Year ended Business Tax Building September 30, Receipts Permits Total Revenues

2020 $ 240,628 $ 991,271 $ 1,231,899

2019 252,659 1,889,577 2,142,236

2018 253,218 1,513,430 1,766,648

2017 242,099 1,472,043 1,714,142

2016 264,587 1,324,575 1,589,162

2015 236,257 771,375 1,007,632

2014 234,882 720,779 955,661

2013 234,918 639,578 874,496

2012 213,699 563,593 777,292

2011 229,515 589,948 819,463

- 131 - 8A - 138 City of West Melbourne, Florida Water and Sewer Consumption – Rates and Revenue Schedule B4 Last Ten Fiscal Years

Total Direct Rate Total Direct Rate Gallons of Water Water Gallons of Sewer Sewer Water Water Base Usage Sewer Sewer Base Usage Fiscal Year Consumed Revenue (1) Rate Rate Treated Revenue (1) Rate Rate

2020 615,717,900 $ 6,808,727 13.88 6.25 694,000,000 $ 5,734,047 14.45 5.00

2019 572,459,500 6,819,384 13.88 6.25 623,400,000 5,265,664 13.87 4.93

2018 560,679,460 6,448,955 13.88 6.25 655,310,000 5,140,345 13.87 4.93

2017 542,695,780 6,135,825 13.88 6.25 639,000,000 5,019,565 13.87 4.93

2016 526,709,790 5,746,972 13.88 6.25 633,100,000 4,702,145 13.87 4.93 2015 505,787,700 5,428,686 13.90 5.93 574,240,000 4,414,883 12.75 4.86 2014 492,565,900 5,124,447 13.90 5.93 593,380,000 4,130,827 12.75 4.86 2013 483,408,300 4,829,164 14.08 5.10 465,599,000 4,024,297 12.00 4.75 2012 484,424,200 4,794,699 14.08 5.10 465,519,400 3,944,449 12.03 4.60 2011 476,281,600 4,560,391 14.20 4.85 457,828,400 3,878,600 12.03 4.60

(1) Revenues are not adjusted for bad debt.

- 132 - 8A - 139 City of West Melbourne, Florida Direct and Overlapping Property Tax Rates Schedule B5 Last Ten Fiscal Years

City Direct Rate Overlapping Rates Brevard Total Operating Brevard County Special Total Overlapping Fiscal Year Millage County Schools Districts Overlapping and Direct

2020 2.6017 6.2049 5.9420 0.2607 12.4076 15.0093

2019 2.6017 6.3833 6.0860 0.2734 12.7427 15.3444

2018 2.4633 5.3540 6.2990 0.3759 12.0289 14.4922

2017 2.4633 6.0802 6.5680 0.3981 13.0463 15.5096

2016 2.4633 6.4626 6.9160 0.6953 14.0739 16.5372

2015 2.3850 6.4568 7.2750 0.4412 14.1730 16.5580

2014 2.2975 6.4492 7.6060 0.4782 14.5334 16.8309

2013 2.2975 6.7334 8.0960 0.4782 15.3076 17.6051

2012 2.2975 6.7334 8.1120 0.4782 15.3236 17.6211

2011 2.2975 5.9271 7.6530 0.5627 14.1428 16.4403

Source: Brevard County Property Appraiser website Brevard County Tax Collector website

- 133 - 8A - 140 City of West Melbourne, Florida Principal Property Taxpayers Schedule B6 Current Year and Nine Years Prior

2020 2011(1) Percentage Percentage of Total of Total Taxable Assessed Taxable Assessed Taxpayer Assessed Value Rank Value Assessed Value Rank Value Passco Haven Dst $ 37,396,000 1 1.96% WP MBSage MF-FL Owner LLC 32,305,670 2 1.69% The Reserves of Melbourne LLC 25,168,000 3 1.32% Grande Oaks Pennington LLC 22,869,000 4 1.20% Northland Lakeside LLC 17,554,000 5 0.92% West Melbourne Town Center LLC 17,194,610 6 0.90% ARC SMWMBFL001 LLC 13,302,280 7 0.70% Wal-Mart Stores East LP 12,051,670 8 0.63% Windover Station LLC 8,751,680 9 0.46% TT of NASA INC 8,378,210 10 0.44% Total taxable assessed value for principal property taxpayers $ 194,971,120 10.22% $ 0 0.00%

(1) Data unavailable for this year. Sources: Brevard County Property Appraiser Brevard County Tax Collector Florida Department of Revenue

- 134 - 8A - 141 City of West Melbourne, Florida Property Tax Levies and Collections Schedule B7 Last Ten Fiscal Years

Collected Within the Fiscal Year of the Levy Total Collections to Date Fiscal Year Ended Total Tax Collections in September Levy for Amount Percentage Subsequent Amount Percentage 30, Fiscal Year Collected of Levy Years Collected of Levy

2020 $ 4,555,153 $ 4,421,186 97.1% $ - $ 4,421,186 97.1%

2019 4,099,877 3,990,738 97.3% - 3,990,738 97.3%

2018 3,433,258 3,310,658 96.4% - 3,310,658 96.4%

2017 3,095,920 2,990,353 96.6% - 2,990,353 96.6%

2016 2,771,935 2,685,306 96.9% - 2,685,306 96.9%

2015 2,488,332 2,406,066 96.7% 640 2,406,706 96.7%

2014 2,224,378 2,146,830 96.5% - 2,146,830 96.5%

2013 2,067,347 1,998,440 96.7% - 1,998,440 96.7%

2012 2,038,901 1,969,168 96.6% 1,677 1,970,845 96.7%

2011 2,407,318 2,225,208 92.4% 804 2,226,012 92.5%

Source: City cash receipt source documents Brevard County Tax Collector Brevard County Property Appraiser

- 135 - 8A - 142 City of West Melbourne, Florida Ratios of Outstanding Debt by Type Schedule C1 Last Ten Fiscal Years

Governmental Activities Business-type Activities Water and Total Percentage of Fiscal Sewer Revenue Notes and Outstanding Personal Personal Debt per Year Capital Leases Bonds Loans Payable Debt (2) Income (1) Income Population Capita

2020 $ - $ 4,420,028 $ 2,414,916 $ 6,834,944 570,741,107 1.20% 25,385 $ 269 2019 - 5,964,068 2,581,616 8,545,684 582,388,884 1.47% 23,607 362 2018 - 7,673,850 2,750,275 10,424,125 573,782,152 1.82% 21,990 474 2017 108,298 9,531,900 2,913,845 12,554,043 562,862,617 2.23% 21,360 588 2016 214,319 11,623,400 3,085,000 14,922,719 557,289,720 2.68% 20,640 723 2015 318,111 12,414,000 3,455,829 16,187,940 535,855,500 3.02% 20,250 799 2014 419,720 12,593,300 3,834,257 16,847,277 550,823,000 3.06% 19,834 849 2013 531,773 10,805,344 7,175,776 18,512,893 534,092,160 3.47% 19,464 951 2012 31,974 11,355,324 7,533,550 18,920,848 524,597,920 3.61% 19,118 990 2011 93,115 11,884,329 7,866,288 19,843,732 522,064,800 3.80% 18,712 1,060

(1) Personal income represents Brevard County since municipal data is not tracked.

(2) All debt presented above is net of applicable discounts, premiums, and losses on refundings, as applicable.

Source: Space Coast Economic Development Commission (www.spacecoastedc.org)

- 136 - 8A - 143 City of West Melbourne, Florida Direct and Overlapping Governmental Activities Debt Schedule C2 As of September 30, 2020

Percentage of Debt City's Share Net Debt Applicable to of Governmental Unit Outstanding the City (1) Debt

Debt repaid with property taxes

Brevard County General Obligation Debt Limited Ad Valorem Tax Refunding Bond, Series 2013 $ 11,015,000 4.18% $ 460,427 South Brevard Recreation Special District, Limited Ad Valorem Tax Bonds, Series 2016 18,260,000 4.18% 763,268

Subtotal, overlapping debt 1,223,695

City of West Melbourne direct debt -

Total direct and overlapping debt $ 1,223,695

Sources: (a) Net general obligation debt data was provided by Brevard County Finance (b) The taxable assessed values for City and the County were provided by the Brevard County Property Appraiser

Note: Overlapping governments are those that coincide, at least in part, with the geographic boundaries of the City. This schedule estimates the portion of Brevard County's net general obligation debt that is borne by the residents and businesses of the City of West Melbourne. However, this does not imply that every taxpayer is a resident, and therefore responsible for repaying the debt, of each overlapping government.

(1) The percentage of overlapping debt applicable is estimated using the taxable assessed value of properties located within the City of West Melbourne divided by the county's total taxable assessed value. FY2020 total taxable assessed value for City of West Melbourne is $2,848,401,879 and the total County taxable assessed value is $68,118,593,800.

- 137 - 8A - 144 City of West Melbourne, Florida Pledged Revenue Coverage Schedule C3 Last Ten Fiscal Years

Debt Service Requirements

Less: Direct Net Revenue Fiscal Gross Operating Available for Coverage Coverage Year Revenues (a) Expense (b) Debt Service Principal Interest Total (c) (d)

2020 $ 15,968,882 $ 8,337,029 $ 7,631,853 $ 1,246,200 $ 291,334 $ 1,537,534 4.96 3.57 2019 16,911,038 7,238,370 9,672,668 1,879,783 434,204 2,313,987 4.18 2.33 2018 15,070,110 7,708,734 7,361,375 2,023,050 465,440 2,488,490 2.96 1.62 2017 13,663,993 7,261,494 6,402,499 2,251,500 519,689 2,771,189 2.31 1.44 2016 12,839,769 6,968,263 5,871,506 1,175,600 527,208 1,702,808 3.45 2.36 2015 11,269,847 7,383,777 3,886,070 559,300 514,131 1,073,431 3.62 2.55 2014 10,294,282 6,962,321 3,331,961 980,000 741,080 1,721,080 1.94 1.41 2013 10,027,543 6,580,977 3,446,566 950,000 822,702 1,772,702 1.94 1.29 2012 9,860,486 6,326,095 3,534,391 905,000 856,140 1,761,140 2.01 1.42 2011 9,501,223 6,408,777 3,092,446 875,000 781,867 1,656,867 1.87 1.26

Notes: (a) Includes operating, non-operating revenue and connection fees.

(b) Excludes depreciation expense, interest expense, amortization and non-recurring losses.

(c) & (d) Coverage ratio required by most restrictive bond document is at least 1.1 without connection fees and 1.25 including connection fees. The 2020 coverage of 4.75 includes the connection fees and the coverage without connection fees was 3.35. Both requirements were met.

- 138 - 8A - 145 City of West Melbourne, Florida Ratios of General Bonded Debt Outstanding Schedule C4 Last Ten Fiscal Years

The City of West Melbourne has no general bonded debt.

City of West Melbourne, Florida Legal Debt Margin Information Schedule C5 Last Ten Fiscal Years

The City of West Melbourne has no Legal debt limit.

- 139 - 8A - 146 City of West Melbourne, Florida Demographic and Economic Statistics Schedule D1 Last Ten Fiscal Years

Personal Per Capita Public School Unemployment Year Population (a) Income Income (b) Enrollment (c) Rate (d)

2020 25,385 570,741,107 46,486 3,163 6.4%

2019 23,607 582,388,884 45,425 3,405 2.8%

2018 21,990 573,782,152 36,188 3,405 2.9%

2017 21,360 562,862,617 26,351 3,431 3.6%

2016 20,640 557,289,720 27,000 3,314 4.3%

2015 20,250 535,855,500 26,462 3,497 5.6%

2014 19,834 550,823,000 27,772 3,787 6.5%

2013 19,464 534,092,160 27,440 3,498 7.2%

2012 19,118 524,597,920 27,440 3,445 8.8%

2011 18,712 522,064,800 27,900 3,394 11.0%

Sources: (a) University of Florida Bureau of Economic and Business Research (b) Space Coast Economic Development Commission and U.S. Census Bureau. (c) Meadowlane Elementary School, Central Junior High School and West Melbourne Elementary School of Science called Brevard County Schools within municipal boundaries. (d) U.S. Bureau of Labor Statistics Notes: (b) Per capita income is for Brevard County, statistics aren't maintained for the City of West Melbourne. (d) Unemployment rates are for Brevard County, statistics aren't maintained for the City of West Melbourne.

- 140 - 8A - 147 City of West Melbourne, Florida Principal Employers Schedule D2 For the Current Year and Nine Years Prior

2020 2011 (1) Number of Number of Employer Employees Rank Employees Rank

L3Harris Technologies Inc 500 1 Publix Stores - New Haven #1353 217 2 Publix Stores - Palm Bay Rd. #695 198 3 Harris Sanitation Inc 159 4 Home Depot USA Inc. 134 5 City of West Melbourne 143 6 The Olive Garden 124 7 Buena Vida Estates Inc 122 8 Cinemaworld Of Florida Inc 120 9 USSI Global 113 10 1,830

(1) Data unavailable for this year.

Source: Principal employers in City of West Melbourne were determined by discussions with management, Economic Development Commission of Florida’s Space Coast, or phone calls were made to the employers for employment numbers.

- 141 - 8A - 148 City of West Melbourne, Florida Employees by Function/Program Schedule E1 Last Ten Fiscal Years

Function 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011

General Government City Council/City Clerk 9 9 7 7 9 9 9 8 9 9 City Administration 4 4 4 4 3 3 3 2 2 3 Legal 2 2 2 2 2 2 2 2 2 2 Finance 11.5 11.5 11.5 11 14 14 11 10 10 9 Information Technology 2.5 2.5 2.5 2 2 2 2 2 2 2 Total General Government 29 29 27 26 30 30 27 24 25 25

Public Safety Police 60 56.5 51 51 52 48 45 46 46 50 Code Enforcement 13 13 12 12 12 9 9 9 9 11 Total Public Safety 73 69.5 63 63 64 57 54 55 55 61

Highways and Streets Public Works 12 10 11 11 11 12 10 10 8 10 Public Works - Water 10 10 8 9 8 8 9 7 10 10 Total Highways and Streets 22 20 19 20 19 20 19 17 18 20

Recreation and Parks 15 13 9 9 9 9 9 10 10 9 Community Development 4 4 4 3 3 4 4 4 4 4 Total Employees 143 135.5 122 121 125 120 113 110 112 119

Source: City payroll report

- 142 - 8A - 149 City of West Melbourne, Florida Operating Indicators by Function/Program Schedule E2 Last Ten Fiscal Years

Function 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 Police Dispatched calls 38,475 40,256 37,929 24,763 26,463 24,751 27,332 30,244 23,603 25,444 Alarms 1,071 1,082 1,633 743 921 862 525 728 755 768 Physical arrests 563 860 731 565 471 462 522 616 514 819 Traffic accidents 1,243 1,386 1,220 1,072 1,334 1,051 841 621 617 656 Traffic citations 2,923 4,500 3,851 2,932 2,008 2,363 3,157 3,495 3,311 4,546 Finance Purchase orders issued 692 496 665 592 590 682 660 716 608 696 Accounts payable checks 4,678 4,812 4,873 4,530 4,806 4,644 4,165 4,905 4,041 3,957 Highways and streets Street resurfacing (miles) 4.89 4.15 6.12 6.00 2.07 1.80 2.40 1.95 0.50 1.25 Culture and Recreation Recreation fees $ 15,600 $ 264,534 $ 363,927 $ 94,298 $ 271,483 $ - $ 6 5,208 $ 9,506 $ 5 9,366 $ 2,941 Building/Code Enforcement Permits issued (construction) 222 284 263 307 375 147 147 172 194 183 Licenses issued/renewed 1,667 1,670 1,806 1,248 1,132 1,802 1,835 1,763 1,623 1,968 Building Inspections 14,591 14,078 16,191 17,867 13,094 14,488 10,159 15,224 11,636 11,854 Municipal Water Department New connections 503 1,161 284 398 282 135 128 174 180 174 Average daily consumption (1) 1,674,407 1,556,190 1,520,316 1,486,838 1,443,205 1,385,720 1,349,496 1,324,406 1,327,190 1,304,881 Wastewater Average daily sewage treatment 1,830,000 1,890,000 1,780,000 1,700,000 1,700,000 1,570,000 1,640,000 1,624,000 1,627,000 1,605,000

Notes: (1) Average daily consumption is calculated using total gallons sold for year divided by 365 day year Source: Various City Departments

- 143 - 8A - 150 City of West Melbourne, Florida Capital Asset Statistics by Function/Program Schedule E3 Last Ten Fiscal Years

Function/Program 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 General Government: General government buildings 1 1 1 1 1 1 1 1 1 1

Public Safety: Police Stations 1 1 1 1 1 1 1 1 1 1

Public Works: Public works buildings 3 3 3 3 3 1 1 1 1 1 Paved streets (lane miles) 103 103 99 99 99 98 98 98 98 98 Unpaved streets (lane miles) 0.65 0.65 0.65 0.65 0.65 3 3 3 3 3

Recreation and Community Development: Parks acreage 53 53 53 53 50 50 50 50 50 50 Parks 7 7 7 7 7 7 7 7 7 7 Tennis courts 4 4 4 4 4 4 4 4 4 4 Racquet ball courts 2 2 2 2 2 2 2 2 2 2 Exercise Trail 1 1 1 1 1 1 1 1 1 1

Water Potable Water lines (linear miles) 125 125 124 118 118 118 118 118 117 117

Sewer Sanitary sewer lines (linear miles) 111 111 110 100 100 100 100 100 100 97 Permitted sewer capacity(gallons) 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 Lift stations 78 78 73 73 63 63 63 63 63 63

Source: Various city departments

- 144 - 8A - 151 Carr, Riggs & Ingram, LLC 215 Baytree Drive Melbourne, Florida 32940 (321) 255-0088 (321) 259-8648 (fax) www.cricpa.com

INDEPENDENT AUDITORS’ REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS

Honorable Mayor and Members of the City Council City of West Melbourne, Florida

We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of West Melbourne, Florida, as of and for the year ended September 30, 2020, and the related notes to the financial statements, which collectively comprise the City of West Melbourne, Florida’s basic financial statements, and have issued our report thereon dated February 24, 2021.

Internal Control Over Financial Reporting

In planning and performing our audit of the financial statements, we considered the City of West Melbourne, Florida’s internal control over financial reporting (“internal control”) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City of West Melbourne, Florida’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City of West Melbourne, Florida‘s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that were not identified. Given these limitations during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. We did identify a certain deficiency in internal control, SD 2020-001, that we consider to be a significant deficiency.

- 145 - 8A - 152 SD 2020-001 PROPER AUTHORIZATION FOR ASSET DISPOSALS

Criteria: Segregation of duties is an essential component of internal control, providing for risk management by dispersing key function in a process – authorization, custody of assets and recording of transactions – to more than one person. As segregation of duties relates to disposal of capital assets, the sale, trade-in or other form of removal from service of any assets should be approved by someone other than the person initiating the request. The City’s policies state any assets disposed or auctioned must first be written up and presented “for formal notification and approval before the asset(s) can be disposed of.”

Condition: During our audit, we noted there were some (but not all) disposals of capital assets initiated by department heads that were not approved by senior management prior to auction or removal from service.

Cause: Department heads provided information related to capital assets that were no longer in service or disposed of to the Senior Accounting Clerk without having been remitted to Senior Management for approval.

Effect: While most of the assets removed from the Fixed Asset system were fully depreciated, the City was not in compliance with its policy requiring formal notification and approval prior to removal of capital assets from the City’s Fixed Asset system.

Recommendation: The City should comply with its policy to obtain formal approval of capital assets being disposed of by someone other than the person initiating the request. Further, the City should periodically review its policies related to the management of its capital asset inventory to ensure that policies continue to be relevant and effective.

Management Response: The City will continue to require that a “Fixed Asset Disposal Form” be submitted to the Finance Department for assets that are being disposed, even if fully depreciated and/or obsolete. These forms will be reviewed by both the Senior Accounting Clerk and the Accounting Operations Manager before any assets are deleted through the BS&A Fixed Assets System.

Most major disposals, either through sale or trade-in, usually involve City Council approval because of the dollar value of the replacement asset or it involves vehicles which are annually reviewed by City Council during the budgeting process. All titled vehicles that are auctioned off will continue to require the signature of the City Manager on the title and asset disposal form.

We have updated our capital assets policy as of October 1st, 2020 to reflect the review and approval of disposal process that was currently being followed and to reflect the most recent change in Florida Statutes, for which the City will use $5,000 as the City’s new threshold for categorizing a purchase as a capital asset. We will also prepare a list of disposals for City Council to review and approve in a ministerial action, on an annual basis, as is written in our revised Fixed Asset Policies and Procedures.

- 146 - 8A - 153 City of West Melbourne, Florida’s Response to Finding

City of West Melbourne, Florida’s response to the finding identified in our audit is described above. The City of West Melbourne, Florida’s response was not subjected to the auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on it.

Compliance and Other Matters

As part of obtaining reasonable assurance about whether the City of West Melbourne, Florida’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

Purpose of this Report

The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Melbourne, Florida February 24, 2021

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- 148 - 8A - 155 Carr, Riggs & Ingram, LLC 215 Baytree Drive Melbourne, Florida 32940 (321) 255-0088 (321) 259-8648 (fax) www.cricpa.com

INDEPENDENT AUDITORS’ MANAGEMENT LETTER

Honorable Mayor and Members of City Council City of West Melbourne, Florida

Report on the Financial Statements

We have audited the financial statements of the City of West Melbourne, Florida (the “City”) as of and for the fiscal year ended September 30, 2020, and have issued our report thereon dated February 24, 2021.

Auditors’ Responsibility

We conducted our audit in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States and Chapter 10.550, Rules of the Florida Auditor General.

Other Reporting Requirements

We have issued our Independent Auditors’ Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of the Financial Statements Performed in Accordance with Government Auditing Standards and Independent Accountants’ Report on an Examination Conducted in Accordance with AICPA Professional Standards, AT-C Section 315, regarding compliance requirements in accordance with Chapter 10.550, Rules of the Florida Auditor General. Disclosures in those reports, which are dated February 24, 2021, should be considered in conjunction with this management letter.

Prior Audit Findings

Section 10.554(1)(i)1., Rules of the Auditor General, requires that we determine whether or not corrective actions have been taken to address findings and recommendations made in the preceding annual financial audit report. Corrective action has been taken (Resolution No. 2020-24) to address the finding and recommendation made in the preceding financial audit report.

Prior Year Management Letter Comments: * Status IC 2019-001 Unexpended Balance – Building Permits Repeated, Revised

*The finding listed above originated in the fiscal year 2019 audit.

- 149 - 8A - 156 Official Title and Legal Authority

Section 10.554(1)(i)4., Rules of the Auditor General, requires that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in this management letter, unless disclosed in the notes to the financial statements. The legal authority of the City of West Melbourne, Florida and its component unit is disclosed in the footnotes. The City of West Melbourne, Florida includes the following component unit:

Component Unit: Established by: City of West Melbourne – Brevard County Joint Community City Ordinance 2012- Redevelopment Agency 19 dated July 17, 2012

Financial Condition

Section 10.554(1)(i)5.a. and 10.556(7), Rules of the Auditor General, require that we apply appropriate procedures and communicate the results of our determination as to whether or not the City of West Melbourne, Florida has met one or more of the conditions described in Section 218.503(1), Florida Statutes, and to identify the specific condition(s) met. In connection with our audit, we determined that the City of West Melbourne, Florida did not meet any of the conditions described in Section 218.503(1), Florida Statutes.

Pursuant to Sections 10.554(1)(i)5.b. and 10.556(8), Rules of the Auditor General, we applied financial condition assessment procedures. It is management's responsibility to monitor the City of West Melbourne, Florida's financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same.

Section 10.554(1)(i)2., Rules of the Auditor General, requires that we communicate any recommendations to improve financial management. In connection with our audit, we have the following recommendation:

IC 2019-001 UNEXPENDED BALANCE – BUILDING PERMITS (Updated & Revised in FY2020)

Criteria: Section 553.80(7)(a) of Florida Statutes has been updated to limit the amount of unexpended building permit funds carried forward to future fiscal years to no more than the City’s average operating budget for enforcing the Florida Building Code for the previous four (4) fiscal years. A local government must use any funds in excess of this limitation to rebate or reduce fees.

Condition: The City’s unexpended building permit funds at September 30, 2020 exceeded the City’s average operating budget for enforcing the Florida Building Code for the previous four (4) fiscal years by $2,623,843.

Cause: Prior to July 1, 2019, there was no provision in the Florida Statutes limiting the amount of carryforward of unexpended building permit funds. In prior fiscal years, the annual revenue derived from building permit fees exceeded anticipated amounts.

Effect: The City has excess unexpended balances at September 30, 2020.

- 150 - 8A - 157 Recommendation: The City should identify how it intends to reduce the amount of unexpended building code balances in order to comply with Section 553.80(7)(a) of Florida Statutes. Such action may require the City to modify its fiscal year 2020-21 budget.

Management Response: The City recognizes the need to reduce the fund balance restricted for Building Code Enforcement. To reduce the unexpended building code balance, the City Council adopted Resolution No. 2020-07 on May 5, 2020 waiving and reducing certain building plan check and inspection fees. On September 24, 2020, the City Council adopted Resolution No. 2020-22 extending this waiver and reduction through September 30, 2021. On October 6, 2020, the City Council adopted Resolution 2020-24 waiving and reducing additional building plan check and inspection fees through September 30, 2021.

Additional Matters

Section 10.554(1)(i)3., Rules of the Auditor General, requires us to communicate noncompliance with provisions of contracts or grant agreements, or abuse, that have occurred, or are likely to have occurred, that have an effect on the financial statements that is less than material but which warrants the attention of those charged with governance. In connection with our audit, we did not note any such findings.

Purpose of this Letter

Our management letter is intended solely for the information and use of the Legislative Auditing Committee, members of the Florida Senate and the Florida House of Representatives, the Florida Auditor General, Federal, State and other granting agencies, the members of the City Council, and applicable management, and is not intended to be and should not be used by anyone other than these specified parties.

Melbourne, Florida February 24, 2021

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- 152 - 8A - 159 Carr, Riggs & Ingram, LLC 215 Baytree Drive Melbourne, Florida 32940 (321) 255-0088 (321) 259-8648 (fax) www.cricpa.com

INDEPENDENT ACCOUNTANTS’ REPORT ON COMPLIANCE WITH LOCAL GOVERNMENT INVESTMENT POLICIES

Honorable Mayor and Members of City Council City of West Melbourne, Florida

We have examined the City of West Melbourne, Florida’s (the “City”) compliance with the requirements of Section 218.415, Florida Statutes, Local Government Investment Policies, during the year ended September 30, 2020. Management of the City of West Melbourne, Florida is responsible for the City’s compliance with those requirements. Our responsibility is to express an opinion on the City’s compliance with the specified requirements based on our examination.

Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. Those standards require that we plan and perform the examination to obtain reasonable assurance about whether the City complied, in all material respects, with the specified requirements referenced above. An examination involves performing procedures to obtain evidence about whether the City complied with the specified requirements. The nature, timing, and extent of the procedures selected depend on our judgment, including an assessment of the risks of material noncompliance, whether due to fraud or error. We believe that the evidence we obtained is sufficient and appropriate to provide a reasonable basis for our opinion.

Our examination does not provide a legal determination on the City’s compliance with specified requirements.

In our opinion, the City complied, in all material respects, with the requirements of Section 218.415, Florida Statutes, Local Government Investment Policies, during the year ended September 30, 2020.

This report is intended solely for the information and use of City Council, management and the State of Florida Auditor General and is not intended to be and should not be used by anyone other than these specified parties.

Melbourne, Florida February 24, 2021

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- 154 - 8A - 161 SECONDARY MARKET DISCLOSURES

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- 156 - 8A - 163 City of West Melbourne, Florida Secondary Market Disclosures Anti-Dilution Test

Prior Two-Year Revenues FY2017 FY2018 FY2019 FY2020 Average

Total Governmental Funds 13,586,299 16,950,734 18,491,225 20,030,643 19,260,934 Less: Grant Revenue & Capital Contributions (41,250) (2,473,014) (1,339,454) (4,000,996) (2,670,225) Less: Ad Valorem Revenues (2,990,353) (3,310,658) (3,990,738) (4,421,186) (4,205,962) Total Governmental Non-Ad Valorem Revenues 10,554,696 11,167,062 13,161,033 11,608,461 12,384,747 Less: Restricted Funds Stormwater Utility Fund - (395,915) (627,494) (584,407) (605,951) Capital Projects Fund - - - (13,913) (6,957) Community Redevelopment Agency (295,743) (377,318) (344,588) (426,386) (385,487) Nonmajor Funds (490,519) (392,125) (299,108) (22,516) (160,812) -

Adjusted Non-Ad Valorem Revenues 9,768,434 10,001,704 11,889,843 10,561,239 11,225,540

Expenditures

Essential Expenditures Public Safety 6,114,550 6,363,198 6,836,498 7,022,168 6,929,333 General Government 1,915,566 1,982,479 2,173,462 2,240,023 2,206,743

Total Essential Expenditures 8,030,116 8,345,677 9,009,960 9,262,191 9,136,076 Less: Ad-Valorem Revenues Available to pay Essential Expenditures (2,990,353) (3,310,658) (3,990,738) (4,421,186) (4,205,962)

Adjusted Essential Expenditures 5,039,763 5,035,019 5,019,222 4,841,005 4,930,114

Net Non-Ad Valorem Revenues available for Debt Service 4,728,671 4,966,685 6,870,621 5,720,234 6,295,427

Ad Valorem Revenues Restricted for Debt Service - - - -

Debt Proceeds - - - -

Test 1 - Prior Two Year Average of Non-Ad Valorem Revenues covers projected MADS by 150% Net Non-Ad Valorem Revenues available for Debt Service 6,295,427 Maximum Annual Non-Ad Valorem Debt Service 281,475 Coverage 2236.6%

Test 2 - Projected MADS does not exceed 20% of Governmental Fund Revenues, less ad valorem revenues restricted for debt service and debt proceeds Two-Year Average Net Total Governmental Funds 19,260,934 Maximum Annual Non-Ad Valorem Debt Service 281,475 Percentage 1.5%

- 157 - 8A - 164 City of West Melbourne, Florida Secondary Market Disclosures Historical Non-Ad Valorem Revenues

Revenues FY2016 FY2017 FY2018 FY2019 FY2020

Total Governmental Funds $ 13,751,805 $ 13,586,299 $ 16,950,734 $ 18,448,406 $ 20,030,643 Less: Grant Revenue & Capital Contributions (1,007,422) (41,250) (2,473,014) (3,750,793) (4,000,996) Less: Ad Valorem Revenues (2,685,306) (2,990,353) (3,310,658) (3,990,738) (4,421,186) Total Governmental Non-Ad Valorem Revenues 10,059,077 10,554,696 11,167,062 10,706,875 11,608,461 Less: Restricted Funds Stormwater Utiilty Fund (395,915) (627,493) (584,407) Capital Projects Fund - - - - (13,913) Community Redevelopment Agency (152,204) (295,743) (377,318) (344,588) (426,386) Nonmajor Funds (645,873) (490,519) (392,125) (299,108) (22,516)

Adjusted Non-Ad Valorem Revenues 9,261,000 9,768,434 10,001,704 9,435,686 10,561,239

Expenditures

Essential Expenditures Public Safety 5,340,909 6,114,550 6,363,198 6,836,498 7,022,168 General Government 1,765,503 1,915,566 1,982,479 2,173,462 2,240,023

Total Essential Expenditures 7,106,412 8,030,116 8,345,677 9,009,960 9,262,191 Less: Ad-Valorem Revenues Available to pay Essential Expenditures (2,685,306) (2,990,353) (3,310,658) (3,990,738) (4,421,186)

Adjusted Essential Expenditures 4,421,106 5,039,763 5,035,019 5,019,222 4,841,005

Net Non-Ad Valorem Revenues available for Debt Service $ 4,839,894 $ 4,728,671 $ 4,966,685 $ 4,416,464 $ 5,720,234

Maximum Annual Debt Service on 2010D $ (281,475) $ (281,475) $ (281,475) $ (281,475) $ (281,475)

Legally Available Non-Ad Valorem Revenues after MADS $ 4,558,419 $ 4,447,196 $ 4,685,210 $ 4,134,989 $ 5,438,759

Existing Coverage 17.19 16.80 17.65 15.69 20.32

- 158 - 8A - 165 AGENDA ITEM

March 2, 2021 City Council Meeting

Approved for Submittal By:

______Scott Morgan, City Manager To Be Presented By:

______Morris Richardson, City Attorney

To: Honorable Mayor and Members of the West Melbourne City Council

Through: Scott Morgan, City Manager

From: Morris Richardson, City Attorney

Date: March 2, 2021 SUBJECT

Ordinance No. 2021-09 Amending Sec. 10-5, Distance Requirement for Alcoholic Beverage Sales RECOMMENDATION The City Attorney recommends that the City Council: Approve the first reading of Ordinance No. 2021-09, amending Chapter 10 – Alcoholic Beverages, Section 10-5 – Distance Requirement for Sale Near School, Church, Kindergarten, Nursery School, Child Care Center or Public Park, to allow for City lessees, concessionaires, contractors, and special event permit holders with alcoholic beverage licenses to operate within defined areas of public park and recreation areas.

FISCAL IMPACT None.

8B - 1 March 2, 2021 DISCUSSION

BACKGROUND At the City Council meeting on February 2, 2021, Jeff Kiel, president and CEO of Promise Inc., spoke during the public forum portion of the agenda about the Promise Café and Bakery, located in the West Melbourne Community Park. Mr. Kiel stated that the Promise Café had hosted several very successful meetings and gatherings in recent months. However, he noted that the Promise Café’s potential as an event venue is limited by a prohibition on the sale or provision of alcoholic beverages contained in the lease agreement between the City and Promise Inc. Mr. Kiel requested that the Promise Café be allowed to serve alcohol in its capacity as an event venue. Mr. Kiel stated that Promise has no intention to sell alcoholic beverages to the general public, or to allow customers to take alcohol outside of the Promise Café property. I advised the City Council that, in addition to the lease prohibition relating to alcohol, Sec. 10-5 of the City Code of Ordinances would also operate to prevent the service of alcoholic beverages at the Promise Café. Sec. 10-5 prohibits businesses or establishments with alcoholic beverage licenses from being located within either 100 or 500 feet from schools, churches, kindergartens, nursery schools, child care centers, and public parks. The applicable distance requirement depends on the type of alcoholic beverage license held by the business or establishment. By consensus, the City Council indicated that it was amenable to allowing events and gatherings at the Promise Café that involve alcoholic beverages. Further, Deputy Mayor Dittmore suggested relaxing the rules for alcoholic beverages in parks generally, in order to facilitate potential special events such as concerts at the West Melbourne Community Park. Accordingly, I have prepared an ordinance amending Sec. 10-5 of the City Code of Ordinances. If adopted, Ordinance No. 2021-09 will do the following: 1. It will allow City lessees, concessionaires, or contractors to operate a business or establishment with an alcoholic beverage license in a location that does not meet the separation requirements set forth in Sec. 10-5. This exemption is limited to instances where a lease, concession agreement, or contract specifically permits the lessee, concessionaire, or contractor to operate the licensed business or establishment. The specific rules and restrictions governing alcoholic beverages will be specified in each individual lease, agreement, or contract, allowing them to be flexible and narrowly tailored, rather than rigid and painted with a broad brush.

2. It will clarify that the City may grant special permission for the sale of alcoholic beverages during special events within defined areas of a public park or recreation area and for specific times. My intent is to bring forward a comprehensive ordinance providing detailed criteria and regulations for special events in the near future. At present, the City Code of Ordinances does not effectively address special events. In addition to amending the City Code of Ordinances, the existing lease must be amended in order to facilitate Promise’s request. I am presently negotiating a proposed amendment with Promise Inc. Promise Inc.’s use of the Promise Café as an event venue is not expressly permitted under the current lease. The proposed lease amendment will address that issue. It will also set forth detailed rules and regulations regarding the sale and provision of alcoholic beverages at the 8B - 2 Promise Café. Items which I have incorporated in a draft lease amendment currently under review by Promise Inc. include: • a prohibition on the sale of alcohol products to the general public; • a limitation on the size of events at which alcohol is to be served; • a requirement that Promise obtain the appropriate alcoholic beverage license(s) from the state; • a requirement that Promise obtain liquor liability insurance naming the City as an additional insured; • a requirement that Promise be responsible for compliance with all applicable state and local alcohol regulations; • a requirement that Promise prevent alcoholic beverages from leaving the Promise Café property and entering the remainder of the West Melbourne Community Park; • a requirement that Promise submit a written plan of action, including control methods, to the City Manager for approval; • a requirement that Promise notify the Chief of Police of certain large events involving alcoholic beverages, and providing that the Chief of Police may require Promise, at its own expense, to secure such police protection as the Chief of Police deems necessary; and • a provision that the City Council may unilaterally terminate Promise’s alcoholic beverage privileges should the City experience alcohol-related problems or disturbances that are not resolved to the City’s satisfaction. I intend to bring the proposed lease amendment to the City Council at the same meeting at which the Council will consider the second reading of Ordinance No. 2021-09, if approved by the City Council on first reading. CONCLUSION I recommend that the City Council approve on first reading Ordinance No. 2021-09. If so approved, the City will advertise a public hearing on the second reading of Ordinance No. 2021- 09 for the City Council meeting on March 16, 2021.

ATTACHMENTS 1. Section 10-5, City of West Melbourne Code of Ordinances. 2. Proposed Ordinance No. 2021-09. 3. Agreement with Promise Inc. for the lease of the Promise Café property.

8B - 3 March 2, 2021 ATTACHMENT 1

Sec. 10-5. - Distance requirement for sale near school, church, kindergarten, nursery school, child care center or public park.

(a) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Division of alcoholic beverages and tobacco means the division of alcoholic beverages and tobacco of the state department of business and professional regulation. Institution means any school, church, kindergarten, nursery school, child care center, or public park. (b) No business or establishment which is licensed by the division of alcoholic beverages and tobacco shall be within the following distances of an institution: (1) One hundred feet for a business or establishment which holds: a. A license for the sale of alcoholic beverages issued by the division of alcoholic beverages and tobacco bearing the designation "1APS" or "2APS" or the designation suffix "SRX"; or b. Such a license bearing the designation "1COP" or "2COP" and which is a restaurant which complies with all of the following: 1. The restaurant provides a minimum of 25 seats for the serving of meals; 2. The restaurant receives more than 51 percent of its gross revenues from the sale of food; and 3. The restaurant maintains a kitchen for the preparation of all items of food on the regular menu at all times when beer and wine are available for purchase by a customer. (2) Five hundred feet for a business or establishment which holds any other license for the sale of alcoholic beverages issued by the division of alcoholic beverages and tobacco or which does not meet any of the requirements of subsection (b)(1) of this section. (c) For the purposes of this section, the distances shall be measured in a straight line from the principal entrance of the business or establishment licensed for the sale of alcoholic beverages to: (i) the principal entrance of the primary structure of an institution other than a public park; or (ii) the outer boundary of the public park area, whichever is applicable.

(Code 1980, § 2.5-11; Ord. No. 89-8, § 1, 2-21-1989; Ord. No. 93-6, § 1, 1-5-1993; Ord. No. 99- 01, § 1, 11-5-1998)

8B - 4 ATTACHMENT 2

ORDINANCE NO. 2021-09

AN ORDINANCE OF THE CITY OF WEST MELBOURNE, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 10 – ALCOHOLIC BEVERAGES, SECTION 10-5, DISTANCE REQUIREMENT FOR SALE NEAR SCHOOL, CHURCH, KINDERGARTEN, NURSERY SCHOOL, CHILD CARE CENTER OR PUBLIC PARK; PROVIDING FOR SEVERABILITY, CONFLICTS, AND INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED by the City Council of the City of West Melbourne, Brevard

County, Florida, that:

Section 1. That Chapter 10 – Alcoholic Beverages, of the Code of Ordinances

of the City Code of West Melbourne, Florida, is hereby amended to amend Section 10-5,

Distance requirement for sale near school, church, kindergarten, nursery school, child

care center or public park, to read as follows:

Sec. 10-5. – Distance requirement for sale near school, church, kindergarten, nursery school, child care center or public park. * * * (d) This section does not apply to lessees, concessionaires, or contractors of the City, where the lease, concession agreement, or contract specifically permits the lessee, concessionaire, or contractor to operate a business or establishment which is licensed by the division of alcoholic beverages and tobacco in a location that does not meet the distance requirements of this section.

(e) The City may grant special permission for the sale of alcoholic beverages during special events within defined areas of any public park or recreation area and for specific times.

Section 2. Severability. The provisions of this ordinance are declared to be

severable and if any section, sentence, clause, or phrase of this ordinance shall for any

reason be held by a court of competent jurisdiction to be invalid or unenforceable, such

8B - 5 decision shall not affect the validity of the remaining terms, provisions, clauses, sentences, or sections of this ordinance but they shall remain in effect, it being the legislative intent that this ordinance shall stand notwithstanding the invalidity of any part.

Section 3. Conflict with Other Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed.

Section 4. Inclusion in Code. It is the intention of the City Council of the

City of West Melbourne that the provisions of this ordinance shall be made a part of the City of West Melbourne Code of Ordinances, and that the sections be renumbered to accomplish such intention.

Section 5. Effective Date. That this Ordinance shall become effective immediately upon adoption in accordance with the Charter of the City of West

Melbourne.

PASSED AND ADOPTED by the City Council of the City of West

Melbourne, Brevard County, Florida, this 16th day of March, 2021.

______ATTEST: HAL J. ROSE, MAYOR

______CYNTHIA HANSCOM, CITY CLERK Reviewed as to form and legal sufficiency:

1st READING: March 2, 2021 ______2nd READING: March 16, 2021 Morris Richardson, City Attorney

Ordinance No. 2021-09

8B - 6 ATTACHMENT 3

AGREEMENT

This Agreement entered into this -1/~ay of October, 2016, by and between the CITY OF WEST MELBOURNE (the "City"), a political subdivision of the State of Florida, and PROMISE INC. (the "Organization"), a Florida not for profit corporation.

W I TN E S S E T H:

WHEREAS, the City is the owner of West Melbourne Community Park (the "Park") , located at 3000 Minton Road , West Melbourne, Brevard County, Florida; and

WHEREAS, the Organization desires to use and improve a portion of said Park, as depicted and more fully described in Exhibit A, which is attached hereto and made a part hereof (the "Property"); and

WHEREAS, the Organization desires to use and improve the Property to develop the Promise Cafe, Bakery and Ice Cream Shop (the "Promise Cafe"), a social enterprise which will provide employment and vocational training for individuals with special needs; and

WHEREAS, the Promise Cafe will provide visitor services at the Park, and is consistent with, complementary to, and contributory to the Park and the Property's use as a public park; and

WHEREAS, the Organization's mission is harmonious with the intent that the Park be used to meet the needs of County residents and visitors, and particularly persons with disabilities, as set forth in that certain lnterlocal Agreement between the Board of County Commissioners of Brevard County, Florida, and the City, dated January 11, 2011 , regarding the City's use, operation, mainteRance, and improvement of the Park for recreational and public related activities; and

WHEREAS, the City has determined that Organization's use of said Property at the Park will promote the public health, safety or welfare, will serve the public interest, will serve a public purpose and constitutes a service that could be provided by local government.

NOW, THEREFORE, in consideration of the covenants herein contained , it is mutually agreed between the parties as follows:

1. Recitals: The above recitals are true and correct and are hereby made an integral part of this Agreement and incorporated into this Agreement.

2. Use by Organization: City hereby agrees to permit the Organization to use and improve the Property for the purpose of providing employment and vocational training for individuals with special needs, subject to the following terms and conditions:

Page 1 of 8 8B - 7 a. The Organization shall operate and maintain a food service concession on the Property for the enjoyment of residents and visitors to the Park.

b. The Organization shall secure and maintain all licenses and permits required to operate a food service concession and pay all taxes and assessments, including any applicable sales or use tax, which shall be imposed or assessed by any governmental authorities, in connection with the business or operation conducted under this Agreement, and to meet all federal, state, county and municipal laws, ordinances, polices and rules applicable to the operation of a food service concession.

c. The Organization shall be solely responsible for the proper safety, supervision, training and equipping of all employees and participants in activities held on the Property. The Organization shall ensure all employees, volunteers, and the like receive proper training and background screening. The Organization understands and agrees that the City will not undertake any of the responsibilities outlined in this paragraph.

d. This Agreement shall terminate in the event the Organization ceases to use the Property for the purposes of providing employment and vocational training for individuals with special needs, and operating a food service concession for the enjoyment of residents and visitors to the Park.

3. Term: The City hereby agrees to lease the Property to the Organization from the date first set forth herein above through March 25, 2061. Thereafter, the Organization is authorized to develop and operate the Promise Cafe and accessory structures (the "Improvements") on the Property to provide employment and vocational training for individuals with special needs, and to provide services to visitors to the Park. Within five (5) years of the date of this Agreement, the Organization must have at least one improvement constructed on the Property that allows the Organization to provide employment and vocational training for individuals with special needs. In the event the Organization fails to construct at least one such improvement to the Property within five (5) years of the date of this Agreement, and such failure continues for a period of at least thirty (30) days after the City delivers written notice of such failure to the Organization, the City shall be entitled to terminate this Agreement and the City shall have the right to reenter and repossess the Property immediately.

In the event the Property is not used for the purpose stated herein, the lease term shall immediately cease, and the City thereafter shall have the right to reenter and repossess the Property.

4. Illegal, Unlawful or Improper Use: The Organization shall neither make any unlawful, improper, immoral or offensive use of the subject Property nor will the Organization use the subject Property or allow the use of the Property for any purpose other than those set forth herein or consistent therewith. The Organization agrees not to sell or make available for public consumption any alcohol or tobacco products on the Property.

Page 2 of 8 8B - 8 5. Payment: For use of the Property specified in this Agreement, the Organization hereby agrees to pay for all years to the City, in advance, the amount of One Dollar ($1.00) per year. A forty-five dollar ($45.00) check shall be made payable to the City of West Melbourne, and mailed to the City at 2240 Minton Road, West Melbourne, Florida, 32904. At the City's option, this entire Agreement may be terminated if payment is not made within thirty (30) days after the date of this Agreement.

6. Maintenance and Utilities: The Organization shall pay all costs for utilities, operation, maintenance and other fees and assessments for the Property; shall be responsible for properly maintaining the Property and shall assume all costs for such maintenance during the term of this Agreement; and shall at all times keep the Property in good repair and clean and free of litter, rubbish, overgrowth or other obstacles generated by the Organization.

The Organization shall ensure that any improvements conform to all building, fire, and other applicable codes, and shall maintain the improvements in reasonably good order and condition. The Organization is responsible for any damage to the Property or any improvements, equipment and fixtures utilized in connection therewith, arising out of, or connected with the Organization's use, occupancy, management, or control of the Property. The Organization shall be responsible for all repairs required , interior pest control, janitorial service, and refuse removal. The Organization shall not enter into any separate agreement(s) for the operation and maintenance of the Property without the written approval of the City.

7. Organization's Right of First Refusal to Provide Food and Beverage Service: With the exception of Brevard County Field of Dreams, Inc. , the Organization has the right of first refusal to offer food and beverage service at the Park. The City will not allow other vendors to offer food and/or beverage service at the Park at times when the Organization has exercised its right to provide such service. However, the City may hold up to ten (10) events annually at the Park that include food and/or beverage service.

8. Improvements: By execution of this Agreement, the Organization represents that an authorized representative of the Organization has inspected the Property on the Organization's behalf and that the Organization is fully responsible to make all necessary modifications, improvements, or repairs to the Property. It is understood and agreed by the parties that any and all such development, modifications and improvements on the subject Property shall be at the Organization's expense.

All plans, specifications and the location for all improvements, structures, landscaping or other appurtenances made by the Organization to the Property shall be submitted to and approved by the City and any applicable regulatory agency, or their duly authorized representatives, prior to the construction or installation of any improvements, structures, landscaping or appurtenances. It is hereby mutually agreed and understood that any building, structure or facility placed or constructed on the Property or any facility located thereon and permanently attached thereto shall meet all applicable codes and

Page 3 of 8 8B - 9 shall become the property of the City upon termination of th is Ag reement, whether by breach or agreement. The Organization shall not remove any such building, structures or facilities and shall execute any and all documents necessary to effect transfer of title of same to the City, or as required by law.

The Organization shall ensure that no contractor which the Organization may hire to perform any portion of construction, renovation , or repairs to the facilities shall be entitled to file any liens, mechanics or otherwise, against the facilities involved or any City property to secure the contractor's interests or payments due.

9. Insurance and Indemnification: The Organization agrees to provide and maintain at all times during the term of this Agreement, without cost or expense to the City, policies of insurance generally known as comprehensive general liability policies insuring the Organization against any and all claims, demands, and causes of action whatsoever for injuries received and damage to property incurred in connection with the use, occupation, and management or control of the Property and any improvements thereon by the Organization. Such policies of insurance shall insure the Organization in the amount of not less than One Million Dollars ($1 ,000,000) to cover any and all liability claims arising in connection with any particular accident or occurrence. Said insurance policies shall provide that the City is named as an additional insured and shall be entitled to thirty (30) days' prior notice of any changes or cancellation in said policies. The Organization shall notify the City immediately in writing of any potentially hazardous condition existing on or about the Property.

The Organization shall provide and maintain at all times full and complete Workers' Compensation Coverage, as required by Florida law.

A certificate of insurance indicating that the Organization has coverage in accordance with the requirements of this Agreement shall be furnished to the City at 2240 Minton Road , West Melbourne, Florida, 32904.

All personal property housed or placed at a City facility shall be at the risk of the Organization and the City shall have no liability for any damage or loss to any personal property located thereon for any cause whatsoever. The Organization agrees and understands that the City does not and shall not carry liability, fire , or theft insurance on the operation of this Property to cover the Organization's interest therein.

The Organization shall indemnify and hold harmless the City, its employees, council members, officers, and agents, from any and all claims, damages, losses, and expenses, including attorney's fees, arising out of or resulting from the Organization's use of the Property or performance of this Agreement, where such claim, damage, loss, or expense is caused, in whole or in part, by the act or omission of the Organization, or anyone directly or indirectly employed by the Organization, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. In any and all claims against the City or any of its agents or anyone directly or indirectly

Page 4 of 8 8B - 10 employed by the Organization, or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by a limitation on the amount or type of damages, compensation, or benefits payable by or for the Organization, under workers' compensation acts, or other related policies of insurance. The Organization acknowledges adequate consideration for this indemnification provision.

10. Right of Entry by City: The City or its agents may at any time enter onto the subject Property for the purpose of inspection of same or for performing such other duties as are required by the terms of this Agreement, or the rules, regulations, ordinances or laws of any governmental body.

11. Compliance with Statutes: The Organization shall promptly comply with all statutes, ordinances, rules, orders, regulations and requirements of all local, state, and federal governmental bodies applicable to the Property.

12. Assignments and Subletting: The Organization may not assign or sublet any portion of the subject Property without the express written consent of the City.

13. Renewal: It is hereby mutually agreed and understood that the Organization may request renewal of this Agreement for an additional thirty (30) years upon written notice to the City received at least thirty (30) days prior to the date of termination of the current term. The Organization agrees that it shall not be entitled to such renewal and agrees it shall not be entitled to any monies or damages should the City decide not to renew this Agreement.

14. Attorney's Fees: In the event of any legal action to enforce the terms of this Agreement, each party shall bear its own attorney's fees and costs.

15. Governing Law: This Agreement shall be deemed to have been executed and entered into within the State of Florida and this Agreement, and any dispute arising hereunder, shall be governed, interpreted and construed according to the laws of the State of Florida.

16. Venue: Venue for any legal action brought by any party to this Agreement to interpret or enforce this Agreement shall be in a court of competent jurisdiction in and for Brevard County, Florida, and any trial shall be non-jury.

17. Independent Contractor: The Organization shall perform the conditions of this Agreement as an independent contractor, and nothing contained herein shall be construed to be inconsistent with this relationship or status. Nothing in the Agreement shall, in any way, be construed to constitute the Organization or any of its agents or employees as the representative agents or employees of the City.

18. Modification: No modification of this Agreement shall be binding on the City or the Organization unless reduced to writing and signed by a duly authorized

Page 5 of 8 8B - 11 representative of the City and the Organization.

19. Entirety Clause: This Agreement embodies the entire Agreement and understanding between the parties hereto and there are no other agreements or under standings, oral or written, with reference to the subject matter hereof that are not merged herein.

20. Severability: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

21. Surrender: Upon the last day of the Agreement term, the Organization shall peaceably and quickly leave the subject Property in good order and repair.

22. Default and Termination: If either party fails or refuses to perform any of the provisions of this Agreement or otherwise fails to satisfy the provisions hereof, the performing party may notify the other party in writing of the non-performance and provide thirty (30) days' notice to cure said non-performance. If the defaulting party fails to cure its non-performance in the time provided, the performing party may terminate the Agreement.

26. Notice: Notice under this Agreement shall be given to the City by mailing written notice, postage prepaid, to the City of West Melbourne, 2240 Minton Road, West Melbourne, Florida 32904, and notice shall be given to the Organization by mailing notice, postage prepaid, to Promise Inc., PO Box 120028, West Melbourne, Florida 32912-0028.

27. Documents and Records: The Organization shall comply with all applicable public records laws, and specifically shall:

a. Keep and maintain public records required by the City to perform the services hereunder.

b. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.

c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement's term and following completion of the Agreement if the Organization does not transfer the records to the City.

d. Upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of the Organization or keep and maintain public

Page 6 of 8 8B - 12 records required by the City to perform the service. If the Organization transfers all public records to the City upon completion of the Agreement, the Organization shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Organization keeps and maintains public records upon completion of the Agreement, the Organization shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City.

e. A request to inspect or copy public records relating to this Agreement must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Organization of the request, and the Organization must provide the records to the City or allow the records to be inspected or copied within a reasonable time. If the Organization does not comply with the City's request for records, the City shall be entitled to legal and/or equitable relief as may be necessary to enforce this provision, including, but not limited to, injunctive relief. If the Organization fails to provide the public records to the City within a reasonable time, the Organization may be subject to penalties under s. 119.10, Florida Statutes. IF THE ORGANIZATION HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS (CURRENTLY SUE FRANK, CITY CLERK) AT 321-837-7774 OR AT EMAIL: [email protected] OR BY MAIL AT 2240 MINTON ROAD, WEST MELBOURNE, FLORIDA 32904, ATTN: CITY CLERK.

Page 7 of 8 8B - 13 CITY OF WEST MELBOURNE, a Florida municipal corporation

~£} _ ,,/ By: {fvS~ HLROSE , MAYOR a:;and content As approved by Council on 10/04/2016 Morris Richardson, City Attorney

PROMISE INC.: Promise Inc. , a Florida not for profit corporation ,

mted Name of Witness By: QJ Its: President a Executive Director

STATE OF FLORIDA ) COUNTY OF BREVARD)

The foregoing instrument was acknowledged before me this 2 I ~i+day of Dc-1:-o/o.v...:> , 2016, by BETTINA FARMER who is Exec . __Qjr_e _ctor~nd President of Promise Inc., a Florida not for profit corporation. She· personally known)o me or produced ______as identification.

f)t??'--1'--V ;{. 1/J(_ 7J~ Signature of Notary Public -~~•~~-- DONNA L MCWILLIAMS Printed Name: t)o1--A-t-L i- · iYl cw, I l c ""-,«. '- f-:"'J)~l "l1>"'/ MY COMMISSION # FF992268 --~-.- . j ' EXPIRES Mey 15, 2020 Commission Expires: s ~ 1 -5 _ ,.;zo A,J ,,9f", ,,, ._,, l4071 398--0 153 FloridaNota,,Servlce .oom Page 8 of 8 8B - 14 EXHIBIT A &hrtrJr pf' _i!lrJttJl JD,srripti:p-n tl[,.q_sP i!ltin.b iltimU.s £or tpr.omi.s-i> j lll,st ili1lrlb:'.o:urne- 'Q1u-nununitg 1/Jark I (!Jitg of' .:166,:sd f!llllelbo-u:rne, Flariba f ~rrt:::j,~ 2:V.u.~7:~l:l:=; ::=;,~~:~•;, :;;;an} ca.a. SCALf:,1""100'

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.....,_., -~~~--~ =;~"',,,.[,!, ~ 1 U.!II 111~; 11\A\( 't.,,,\1\~\.r,.. ·w.::~\ -~l\\¾·.n,.1~ \\q'\\\ ,r1,1·,\-,• \ ·IH,J;t ·1'1'\I .:::LI,. .. , •·1: !I!!ll See Description of Lease Parcel, lands described on page 2 of 2, ond lying In Brevard County, RI CHARD A . PUTZ P . S .M. #45D5 Florido. This mop ond ottoched description is not volid SURVEYING AND MAPPING L . B . #661 0 without the signature and original raised seal of o PROJECT NUMBER 16-1019LP Florido Licensed Surveyor ond Mapper which con be PAGE 1 OF 2 found on page 2 of 2. OATE OF SURVEY 9/9/2016 The MAP and Description found on page 2 ore no\ full SHEET .t Of 2 and complete without the other. LEGEND B.L.S.&C. INC. Oesc.•Dcscrlptlon O • Compulolion point O.H.W.•O'Mrtleod wire@ c nolf ond disk set f-4505 (M)• Meosured ri.~o~:tfonpole • - Set tron rod with cap f4505 (P),..P1ot B_ ___. .LAND ~~TANJ'S 0 (NtD)• No ldentlficotion number :~;..=f:silo~ditioner ~~.B.}t::':t !~ :.::~9 C.W:-,Cuy wire C.B.S-Concretc block stucco PC.•Paqe , ', !i/I17 ASBURY AVB N.X lnv.• lnY9rt T.B.M•Tempa-ary bench mork TVP.-T)Plcol PALM au; l"LORD:M. '2907 ~f::~r;/ne P.R.~:R~-~onr~t Reference M':-1Urnent ?•Light Post . R'f;,•Rif/lt-ot-woy c.M l t P.O.T.•P01nt of Temilnott0n COiC.•Concrete .-caner!! e monumen . 'tP;-eron pipe c <321>ee3--4Sl0 , eme1: rputz-aln',eom (D)- Deed P.C.P.-~ermoncnt Control Pornt S.P.- State Pfane N&DaNal ond diek P.C.-PDlllt ot curve A •Ternpor-ory Bench Martt CA-center llr,e N.1.0.•NO IOENTIFlCATION V Tu LAND SUR:v.1!!:YZNG / LAND ffATTZNG F'nd.-Found (C)•Col~otecl from c:iosed trowrse •Pow_. Pole 8B - 15 l!Irgal illr.srription i!Iras.r i!Ian.b illinrit.s ror tpronri.s.r Ill.rat .Jllflrlbourn.r <:aonrnrunity fPark <:aity or W.r.st .JIJ.rlbourn,, .1/rlori.ba 8'.rrlion 12, (!Jw-p. 2.BliP., iRng. 3.61£., i!lrrvarb <:ao.

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PROPERTY LEGAL DESCRIPTION (PARENT TRACD / WEST MELBOURNE COMMUNITY PARK: (ORB. 6356, PG, 2094-2095) A PORTION or THE EAST 1/2 or THE SOUTHWEST 1/4 or THE SOUTHEAST 1/4 or SECTION 12, TOWNSHIP 26 SOUTH, RANGE 36 EAST, BREVARO COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER or SAID SECTION 12, THENCE s. 88'37'45" w. ALONG THE SOUTH LINE or SECTION 12. A DISTANCE OF 661 .92 FEET TO THE SOUTHWEST CORNER or THE EAST 1/2 or THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12, THENCE N. 00'06'54" E. ALONG THE WEST LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12, A DISTANCE or 40.01 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE ALONG SAID WEST LINE N. 00"06'54" E. A DISTANCE OF 1302.56 FEIT TO THE SOUTHERLY RIGHT OF WAY LINE OF FELL ROAD, THENCE N. 88°21'03" E. ALONG THE SOUTHERLY RIGHT OF WAY LINE A DISTANCE or 595.62 FEET: THENCE SOUTH 00"01'41" E. PARALLEL TO THE EAST LINE OF SECTION 12 A DISTANCE OF 26.25 FEET; THENCE N. 66"56'19" E. A DISTANCE or 30.00 FEET TO THE WESTERLY RIGHT OF WAY OF MINTON ROAD, THENCE s. 00"01 '41" E. ALONG SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 680.00 FEET TO THE POINT or CURVATURE or A CURVE CONCAVE WESTERLY HAVING A RADIUS or 2,231.63 FEET AND A CENTRAL ANGI..£ or 11"50'48": THENCE SOUTHWESTERLY ALONG THE ARC or SAID CURVE A DISTANCE OF 461.46 FEET THROUGH A OiORD BEARING or s. 07"55'36" w. TO THE POINT OF REVERSE CURVI\TURE OF A CUR\IE CONCAVE EASltRLY HAVING A RADIUS OF 2351 .83 FEET AND A CENTRAL ANGEL OF 03"32'59; THENCE SOUTHWESltRLY ALONG THE ARC or SAID CURVE A DISTANCE or 145.71 FEET THROUGH A CHORD BEI\RING or S. 12"04'31" W. TO ,\POINTON THE NORTHERLY RIGHT Of WAY LINE OF FLANAGAN AVENUE, THENCE s. 86'37'45" w. ALONG SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE or 534.48 FEET TO TH E POINT or BEGINNING.

LEGAL DESCRIPTION LAND LEASE PARCEL FOR PROMISE AT WEST MELBOURNE COMMUNITY PARK:

THAT PORTION or THE ABOVE DESCRIBED LANDS (WEST MELBOURNE COMMUNITY PARK) FOR USE AS A LEASE PARCEL BEJNG MORE PARTICULARLY DESCRIBED AS rou.ows: COMMENCE AT A POINT MARKING THE NORTHWEST CORNER or THE ABO\,£ DESCRIBED PROPERTY AS RECORDED IN OFFICIAL RECORDS BODI< 6356, PAGE 2094, Of THE PUBLIC RECORDS or BREVARD COUNTY, FLORIDA, SAID POINT LYING ON THE SOUTHERLY RIGHT-Of- WAY LINE OF Ffil ROAD; THENCE LEAVE SAID POINT AND SAID SOUTHERLY RIGHT or WAY LINE, RUN S oo· 06' 54" w. ,\LONG THE WEST LINE Of SAID WEST MELBOURNE COMMUNITY PARK, A DISTANCE or 569.47 FEET; THENCE LEI\VE SAID WEST LINE RUN S 89' 56' 43" E. INTO THE LANDS OF SAID WEST MELBOURNE COMMUNITY PARK, A DISTANCE Of 207.16 FEET TO THE POINT or BEGINNING OF SAID LEASE PARCEL; THENCE CONTINUE S 69' 56' 43" E, A DISTANCE or 160.73 FEET TO THE BEGINNING or A NON-TANGENT CURVE CONCA SOUTHWESTERLY, HAVING I\ RADIUS Of 118.56 FEET ANO A CENTRAL ANGI..£ or 33" 54' 45"; THENCE SOUTHEASTERLY, ALONG THE ARC or SAID CURI,£, A DISTANCE or 70.17 FEET THROUGH A CHORD BEARING S 24' 24' 44• E TO A POINT OF COMPOUND CURVATURE Of A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS Of 32.50 FEET ANO CENTRAL ANGLE OF BT 25' 38"; THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 49.59 FEET THROUGH A CHORD BEARING S 36' 15' 27" W TO A POINT OF REVERSE CURVATURE OF CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS 35.50 FEET AND A CENTRAL ANGLE OF 79°23' 12"; THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 49.19 FEET THROUGH ,\ OiORD BEARING OF S 40' 16'40" W TO THE END OF SAID CURVE; THENCE RUN N 90' oo· oo· w. ALONG THE SOUTH LINE OF SAID LEASE PARCEL. A DISTANCE or 123.41 FEET; THENCE RUN N 00' oo· oo· E, A DISTANCE or 16.03 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY, HAVING A RADIUS or 50.83 FEET AND A CENTRAL ANGI..£ Of 178. 01' 39"; THENCE ALONG THE ARC or SAID CURVE, 1' DISTANCE OF 157.94 FEET TO THE POINT Of TANGENCY; THENCE RUN N 90' oo· oo· W, A DISTANCE OF 8.27 FEET; THENCE N oo· oo·oo· E. A DISTANCE or 16.18 FEET TO THE POINT or BEGINNING OF SAID LEASE PARCEL, CONTAINING WITHIN THESE CAU.S 17, 728 SQ. FT.. 0.41 ACRES MORE OR LESS.

&U...veYc:>A' 8 NC>TEa, 1. Location of underground utllltles and underground foundot/ons ore not abstracted and hove not been located as port of the Sketch of Description e x cept os shown. 2 . Bearrn9e based on the oaaurnption that the South right-of-way line of Fell Rood b"ars: Nor-th BB· 20· 52' cost. .3. Thrs deacrfptlon and $ketch woe prepared without benefTt of o current t i tle r eport. It may not Indicate any encumbrances that may affect the subject property. Property may be subject to easements. re:rtrlctlon:r. r ights o'f woy and covenants of record that have not been provided to thl• surveyor. There may be Interio r lrnprovernonts t hat have not been located or depleted on tht!t Sketch of De•cription. 4 . THE DESCRIPnON AND SK£TCH DEPICTED HEREON IS NOT COVE:R£D BY PROFESSIONAL LIABILITY' INSURANCE. 5 . THIS IS NOT A BOUNDARY SURVF:Y.

l'Rl!!l'ARl!D FOlt Richard A. Putz Profff$/onol INFRASTRUCTURE SOLUTTON SERVICES 7827 North Wickham Rd., Suite D L.B. I 6610 Melbourne. Florida 32940 321-622-4646

BLS.dtC. INC. I HERCBYCER~ . LIND_..._ WAS MADE. UNDER MY STANDARDS OF PRACTt -~mNDI FLORIDA BOARD OF PR . CHAPTER !5J-17, F1.0Rl . ·· ·,· .... PURSUANT TO SECTION . MIM'Mr.------• c---.,._.. ZAND .--; .LIIND KArJJl'«J SHF:CT 2 Of 2 8B - 16