City Council

Indian Harbour Beach City Hall 2055 South Patrick Drive Indian Harbour Beach, FL 32937 (321) 773-3181 (Phone) (321) 773-5080 (Fax) CITY COUNCIL REGULAR MEETING AGENDA TUESDAY, MARCH 10, 2020 CITY HALL COUNCIL CHAMBER – 7:00 P.M CALL TO ORDER PLEDGE OF ALLEGIANCE FOLLOWED BY A MOMENT OF SILENT MEDITATION APPROVAL OF MINUTES Regular Council Meeting minutes from February 25, 2020 PRESENTATIONS/PROCLAMATIONS Water Conservation Month Proclamation REPORTS City Manager’s Report City Attorney’s Report Council Comments Public Comments (Agenda Items Only) UNFINISHED BUSINESS None NEW BUSINESS 1. Approve Resolution No. 709 Supporting the Census 2020 Complete Count. Regular Council Meeting Agenda Tuesday, March 9, 2020 Page 2 RESOLUTION NO. 709 A RESOLUTION OF THE CITY OF INDIAN HARBOUR BEACH, BREVARD COUNTY, FLORIDA; SUPPORTING THE EFFORTS OF THE UNITED WAY OF BREVARD AND THE SPACE COAST HEALTH FOUNDATION IN THEIR OUTREACH FOR THE 2020 CENSUS. 2. PUBLIC HEARING – Conduct a Public Hearing and approve on second reading Ordinance No. 2020-01 the update of the City of Indian Harbour Beach Five Year Capital Improvement Program of the Capital Improvements Element of the Comprehensive Plan ORDINANCE NO. 2020-01 AN ORDINANCE OF THE CITY OF INDIAN HARBOUR BEACH, BREVARD COUNTY, FLORIDA, UPDATING THE COMPREHENSIVE PLAN OF THE CITY; UPDATING THE CAPITAL IMPROVEMENT ELEMENT BY UPDATING POLICY CI- 7.1 REGARDING THE YEARLY ADOPTION OF THE BREVARD COUNTY SCHOOL DISTRICT’S FIVE-YEAR WORK PROGRAM, (FY 2019-20 THROUGH FY 2023-24); UPDATING THE CAPITAL IMPROVEMENT ELEMENT BY UPDATING THE SCHEDULE OF CAPITAL IMPROVEMENTS (FY 2019-20 THROUGH FY 2023-24) TO INCLUDE THE BREVARD COUNTY SCHOOL DISTRICT’S FIVE-YEAR WORK PROGRAM AND ITS PROJECTED COSTS AND PROJECTED REVENUES AND THE YEARLY CITY EXPENDITURES FOR DRAINAGE AS WELL AS OTHER APPLICABLE CITY CAPITAL IMPROVEMENTS; AND UPDATING SECTIONS WHICH ARE REQUIRED TO MAINTAIN INTERNAL CONSISTENCY WITH THESE CHANGES; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. 3. PUBLIC HEARING – Conduct a public hearing and second reading of Ordinance No. 2020-02 Amending Article XIII, Section 2 of the Supplementary District Regulations of Appendix A of the Code of Ordinances Pertaining to Fences and Walls ORDINANCE NO. 2020-02 AN ORDINANCE OF THE CITY OF INDIAN HARBOUR BEACH AMENDING ORDINANCE NO. 81-4, ZONING CODE OF THE CITY; AMENDING ARTICLE XIII, SECTION 2 OF THE SUPPLEMENTARY DISTRICT REGULATIONS, OF APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY ENTITLED FENCES AND WALLS ON PROPERTY OTHER THAN THAT ABUTTING SR A1A, SOUTH PATRICK DRIVE AND SR 3; PROVIDING THAT ALLOWING UP TO SIX INCHES OF Regular Council Meeting Agenda Tuesday, March 9, 2020 Page 3 ALLOWABLE FENCE AND WALL HEIGHT FOR CAPS, FINIALS, POSTS, AND DECORATIVE ITEMS AND AMENDED SETBACK REQUIREMENTS FOR FENCES ON SIDE CORNER LOTS; PROVIDING FOR CONFLICTING PROVISIONS SEVERABILITY; CODIFICATION AND AN EFFECTIVE DATE. PUBLIC FORUM ADJOURN . 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 COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THE PUBLIC MEETING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, HE OR SHE 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. FSS 286.0105. IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR TH IS MEETING SHOULD CONTACT THE CITY CLERK AT 321-773-3181 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING  Indian Harbour Beach City Hall 2055 South Patrick Drive Indian Harbour Beach, FL 32937 (321) 773-3181 (Phone) (321) 773-5080 (Fax) CITY COUNCIL REGULAR MEETING FEBRUARY 25, 2020 CALL TO ORDER The Regular City Council meeting was called to order at 7:00 p.m. by Mayor Scott Nickle with the following present: Deputy Mayor David Panicola City Manager Mark Ryan Council Member Frank Guertin City Attorney Karl Bohne Council Member Bob Sharek City Clerk Sue Frank PLEDGE OF ALLEGIANCE FOLLOWED BY A MOMENT OF SILENT MEDITATION Mayor Nickle led the Pledge of Allegiance followed by a moment of silent meditation. APPROVAL OF MINUTES The consensus of Council was to approve the Regular Council Meeting minutes from January 14, 2020 as presented. The consensus of Council was to approve the amended Council Meeting minutes from October 8, 2019 as presented. Motion made by Deputy Mayor Panicola to excuse Council Member James Nolan from the meeting, seconded by Council Member Guertin – motion carried 4-0. PRESENTATIONS/PROCLAMATIONS Presentation of the Florida League of Cities Institute of Elected Municipal Official (IEMO) Training Certificate to Council Member Bob Sharek Council Member Sharek received a training certificate for completing the Institute of Elected Municipal Officials (Basic) program. Regular Council Meeting Minutes February 25, 2020 Page 2 Presentation of the 2019 City of Indian Harbour Beach Police Department Officer of the Year Award Police Chief David Butler presented the 2019 Officer of the Year Award to Detective Eric Thompson. Chief Butler also introduced Dan Townley as the newest Communications Officer. Irish American Heritage Month Proclamation Mayor Nickle signed the Irish American Heritage Month Proclamation. REPORTS City Manager’s Report ACTION ITEMS Follow-up Discussion of Municipal Elections The consensus of Council was to move forward with a proposed City Charter amendment to transition Council members to four (4) year terms instead of the current three (3) year terms. Audit Selection Committee The consensus of council was to proceed in soliciting resumes from interested citizens who are willing to serve on an Audit Selection Committee by including information in the city newsletter. Asset Disposal Motion made by Deputy Mayor Panicola to dispose of Police Vehicle #4 (2014 Chevrolet Caprice) with Vehicle Identification Number 6G3NS5U25EL950355, for $3,500, seconded by Council Member Sharek – motion carried 4-0. INFORMATIONAL ITEMS  SR A1A Mid-Block Crossings  Indian Harbour Beach Planning and Zoning Board. The vacancy will be announced in the upcoming Harbour Highlights newsletter.  July Space Coast League of Cities Meeting Hosted by Indian Harbour Beach  Revenue and Expenditure Report (December 2019 and January 2020)  2020 Mayors Fitness Challenge  Census 2020  Letters of Appreciation  Oars & Paddles Park Tourist Development Tax Payment Regular Council Meeting Minutes February 25, 2020 Page 3  Victims of Crime Act Grant  2020 Legislative Update  Stop the Bleed  Space Coast Transportation Planning Organization 2019 Education Award to the Indian Harbour Beach Police Department City Attorney’s Report – City Attorney Bohne had no report. Council Comments Council Member Guertin stated that he had attended the Space Coast TPO TAC/CAC meeting. Council Member Sharek stated that he had attended a Save Our Lagoon meeting, the All School Symphony Orchestra, NASA Day of Remembrance, the Space Coast League of Cities dinner, where he now serves on the Scholarship Committee, and the annual awards ceremony for Aging Matters in Brevard. Public Comments (Agenda Items Only) – There were no comments from the public. UNFINISHED BUSINESS None NEW BUSINESS First Reading of Ordinance No. 2020-01 Updating the Comprehensive Plan of the City and Updating the Capital Improvements Element Mayor Nickle read the title of Ordinance No. 2020-01. ORDINANCE NO. 2020-01 AN ORDINANCE OF THE CITY OF INDIAN HARBOUR BEACH, BREVARD COUNTY, FLORIDA, UPDATING THE COMPREHENSIVE PLAN OF THE CITY; UPDATING THE CAPITAL IMPROVEMENT ELEMENT BY UPDATING POLICY CI-7.1 REGARDING THE YEARLY ADOPTION OF THE BREVARD COUNTY SCHOOL DISTRICT’S FIVE- YEAR WORK PROGRAM, (FY 2019-20 THROUGH FY 2023-24); UPDATING THE CAPITAL IMPROVEMENT ELEMENT BY UPDATING THE SCHEDULE OF CAPITAL IMPROVEMENTS (FY 2019-20 THROUGH FY 2023-24) TO INCLUDE THE BREVARD COUNTY SCHOOL DISTRICT’S FIVE-YEAR WORK PROGRAM AND ITS PROJECTED COSTS AND PROJECTED REVENUES AND THE YEARLY CITY EXPENDITURES FOR DRAINAGE AS WELL AS OTHER APPLICABLE CITY CAPITAL IMPROVEMENTS; AND UPDATING SECTIONS WHICH ARE REQUIRED TO MAINTAIN INTERNAL Regular Council Meeting Minutes February 25, 2020 Page 4 CONSISTENCY WITH THESE CHANGES; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. Motion made by Deputy Mayor Panicola to approve the first reading of Ordinance No. 2020-01, seconded by Council Member Sharek – motion carried 4-0. First Reading on Ordinance No. 2020-02 Amending Article XIII, Section 2 of the Supplementary District Regulations of Appendix A of the Code of Ordinances Pertaining to Fences and Walls Mayor Nickle read the title of Ordinance No. 2020-02. ORDINANCE NO. 2020-02 AN ORDINANCE OF THE CITY OF INDIAN HARBOUR BEACH AMENDING ORDINANCE NO. 81-4, ZONING CODE OF THE CITY; AMENDING ARTICLE XIII, SECTION 2 OF THE SUPPLEMENTARY DISTRICT REGULATIONS, OF APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY ENTITLED FENCES AND WALLS ON PROPERTY OTHER THAN THAT ABUTTING SR A1A, SOUTH PATRICK DRIVE AND SR 3; PROVIDING THAT ALLOWING UP TO SIX INCHES OF ALLOWABLE FENCE AND WALL HEIGHT FOR CAPS, FINIALS, POSTS, AND DECORATIVE ITEMS AND AMENDED SETBACK REQUIREMENTS FOR FENCES ON SIDE CORNER LOTS; PROVIDING FOR CONFLICTING PROVISIONS SEVERABILITY; CODIFICATION AND AN EFFECTIVE DATE. Motion made by Council Member Sharek to approve the first reading of Ordinance No. 2020-02, seconded by Deputy Mayor Panicola – motion carried 4-0. First Reading on Ordinance No. 2020-03 Amending the Land Development Regulations of the City, Chapter 109, Streets; Amending Section 109-04 (c) Mimimum Widths for Commercial and Industrial, Local Private or public streets or parking lot aisles Mayor Nickle read the title of Ordinance No. 2020-03. ORDINANCE NO. 2020-03 AN ORDINANCE OF THE CITY OF INDIAN HARBOUR BEACH, BREVARD COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY; AMENDING CHAPTER 109, STREETS; AMENDING SECTION 109-4 (c) MINIMUM WIDTHS AND GRADES RELATING TO PAVEMENT WIDTHS FOR COMMERCIAL AND INDUSTRIAL LOCAL PRIVATE OR PUBLIC STREETS OR PARKING LOT DRIVE ISLES PROVIDING FOR SEVERABILITY, CONFLICTS, CODIFICATION AND AN EFFECTIVE DATE. Regular Council Meeting Minutes February 25, 2020 Page 5 Motion made by Deputy Mayor Panicola to send Ordinance No. 2020-03 back to the Planning and Zoning Board to review proposed changes regarding the wording pertaining to arterial streets, seconded by Council Member Guertin – motion carried 4-0. Approval of the ranking of the firms for RFQ 2020-01 and authorize staff to begin negotiations with the selected firm W & J Construction - Rockledge, Florida as the Construction Management at Risk with a Guaranteed Maximum Price for the construction of the new Indian Harbour Beach Police Headquarter Motion made by Coucil Member Sharek to approve the ranking of the firms for RFQ 2020- 01 and authorize staff to begin negotiations with the W & J Construction - Rockledge, Florida as the Construction Management at Risk with a Guaranteed Maximum Price for the construction of the new Indian Harbour Beach Police Headquarter, seconded by Council Member Guertin – motion carried 4-0. Approval of an Amendment to the Restated Interlocal Agreement establishing the Space Coast Transportation Planning Organization providing for Representation on the Central Florida Expressway Authority Motion made by Council Member Sharek to approve an amendment to the restated interlocal agreement establishing the Space Coast Transportation Planning Organization providing for representation the Central Florida Expressway Authority, seconded by Council Member Guertin – motion carried 4-0. Approve the construction of a Low Impact Development dry retention area within the Palm Springs Boulevard medians by Atlantic Development of Cocoa, Inc., at a cost not to exceed $40,000.00 and funded via the city’s Stormwater Utility Fund Motion made by Council Member Guertin to aprove the construction of a Low Impact Development dry retention area within the Palm Springs Boulevard medians by Atlantic Development of Cocoa, Inc., at a cost not to exceed $40,000.00 and funded via the city’s Stormwater Utility Fund, seconded by Deputy Mayor Panicola – motion carried 4-0. Approval of Change Order with Environmental Consulting and Technology Inc. for Professional Engineering Services for the Design, Permitting, and Construction Administration Services of a 2nd Generation Baffle Box on the East End of the Big Muddy Canal at a Cost Not to Exceed $20,000 City Manager Ryan withdrew the agenda item for approval of a change order with Environmental Consulting and Technology regarding a baffle box on the Big Muddy Canal. Regular Council Meeting Minutes February 25, 2020 Page 6 Staff is seeking direction from the City Council whether to develop an ordinance amending this code pertaining to fences and walls on SR A1A, South Patrick Drive and SR 3 The consensus of Council was for staff to bring back a proposal for developing an ordinance pertaining to fences and walls on SR A1A, South Patrick Drive and SR 3. PUBLIC FORUM Mr. Norm Hayes, 103 Anona Place, spoke. Mr. Bill Marquart, 2100 South Patrick Drive, spoke. ADJOURN Motion to adjourn at 8:16 p.m. was made by Council Member Sharek, seconded by Deputy Mayor Panicola – motion carried 4-0. X Scott Nickle Mayor ATTEST: X Sue Frank, MMC City Clerk  PROCLAMATION WHEREAS, water is a basic and essential need of every living creature; and WHEREAS, The State of Florida, Water Management Districts and the City of Indian Harbour Beach are working together to increase awareness about the importance of water conservation; and WHEREAS, the City of Indian Harbour Beach and the State of Florida have designated April, typically a dry month when water demands are most acute, Florida’s Water Conservation Month, to educate citizens about how they can help save Florida’s precious water resources; and WHEREAS, the City of Indian Harbour Beach has always encouraged and supported water conservation, through various educational programs and special events; and WHEREAS, every business, industry, school and citizen can make a difference when it comes to conserving water; and WHEREAS, every business, industry, school and citizen can help by saving water and thus promote a healthy economy and community; and NOW, THEREFORE, I, Scott Nickle, Mayor of the City of Indian Harbour Beach do hereby proclaim the month of April as Water Conservation Month in the City of Indian Harbour Beach, Florida and call upon each citizen and business to help protect our precious resource by practicing water saving measures and becoming more aware of the need to save water. Witness my hand and the seal of the City of Indian Harbour Beach this 10th day of March, 2020. X Scott Nickle Mayor  CITY MANAGER REPORT The following is my report for the council’s regular meeting of March 10, 2020. A. ACTION ITEMS B. INFORMATIONAL ITEMS 1. SR A1A Mid-Block Crossings In February the Florida Department of Transportation (FDOT) made presentations to the Space Coast Transportation Planning Organization (SCTPO) Technical Advisory Committee/Citizens Advisory Committee, and Governing Board concerning proposed modifications to the existing and proposed, sixteen (16) mid-block crossings on SR A1A. These modifications include the following:  Advanced Flashing Warning Signs at the entrance to RRFB Area  Gateway Signs, six at each mid-block crossing  Updated Detector Signs at each push button activator warning pedestrians to wait for traffic to stop before entering crosswalk  Speed Limit reduction to 35 mph with a memorandum of understanding with local governments for enforcement  Enhanced educational program FDOT and the SCTPO are planning a workshop to examine these items with stake holders in the next month. The City of Indian Harbour Beach has offered to host this meeting at the Gleason Park Community Center. 2. Capital Asset Disposal Report In accordance with the city’s Capital Assets Policy, I am including in this packet a list of the fixed asset items, valued under $5,000.00, which staff has disposed of in the first quarter of FY 2019-20. 3. Fund Balance/Cash Reserve Report You will recall in 2018 you adopted new Fund Balance/Cash Reserve Policies. We are required to provide you periodic updates on the balances as they change based upon cash flow throughout the year and projections for the end of the fiscal year. Included in this agenda package is a copy of the 4th Quarter Report for FY 2018-19 and the 1st Quarter Report for FY 2019-20. 4. July Space Coast League of Cities Meeting Hosted by Indian Harbour Beach You will recall at the previous meeting I reported on the potential locations for the July Space Coast League of Cities (SCLC) Dinner Meeting hosted by the City of Indian Harbour Beach. Following that meeting Deputy Mayor Panicola worked with the management team at the Eau Gallie Yacht Club (EGYC) to develop an alternative menu that brings the cost March 10, 2020 -2- City Manager’s Report Regular City Council Meeting of the meal to $40.00 person. This cost exceeds the SCLC maximum cost of $30.00 per meal; however, we have begun the solicitation of sponsors for this increased cost. 5. 2020 Mayors Fitness Challenge The 2020 Mayors’ Fitness Challenge, the fourth year of this great event, is a collaboration between Health First, United Way of Brevard County, and Healthiest Weight Brevard, and is fast approaching. This project is an 8-week challenge that provides an opportunity for residents in each participating municipality to come together and become healthier communities and began in February and will conclude on March 27th. The awards ceremony will be on Saturday, April 18, 2020 at the Wickham Park Amphitheatre. A special thank you to Cristina Bryson, Administrative Assistant to Chief Butler for stepping up to the plate to serve as our Team Captain in 2020. In the coming weeks Ms. Bryson will announce events here in Indian Harbour Beach. We encourage you, your family, and friends to register as we try to achieve the designation of “Most Fit” city in Brevard County for 2020. 6. Letters of Appreciation Since we last met we have received letter(s) of appreciation or e-mails from citizens acknowledging the hard work and professional efforts of the following team member(s). Employee Department Chief David Butler Police Department Dean West Public Works Department Congratulations! 7. 2020 Legislative Update The 2020 Legislative Session is racing toward the scheduled adjournment on Friday, March 13, 2020. Since we last met I made another trip to Tallahassee to testify before the Senate Rules Committee concerning SB 1128 Preempting Local Government Regulations of Vacation Rentals. In advance of this committee hearing a variety of amendments were filed and I spent the morning prior to the meeting with the legislative staff of each Committee Member to urge their opposition to the bill as filed, and support for one amendment that would allow municipal registration and regulations. Following the convening of this committee, and the addressing of several bills on the agenda, the Chairperson announced that SB 1128 was temporarily postponed. 3/5/20 2:58 PM March 10, 2020 -3- City Manager’s Report Regular City Council Meeting After leaving this committee meeting I stopped by the Governor’s Office to relay, through his staff, a thank you for his stated position that the state should not be micromanaging vacation rentals and that this is an issue that should be controlled locally. HB 1011, the House version of the Vacation Rental bill, is on the March 6th Special Order Calendar. While the Senate version may be stuck in committee, our concern is the House will consider this legislation and somehow get it considered in the Senate or attached to another bill as an amendment in the final two weeks of the session. This concern became a reality on March 4th when the substance of the vacation rental bill was filed as amendment # 300173 to HB 1193. HB 1193 is a priority of the Governor to deregulate various professions, and in my opinion, this an effort to force the Governor to accept the Preemption of Local Vacation Regulations or veto one of his priorities. HB 1193 is on the Special Order Calendar in the House on March 6, 2020. Additionally, HB-537 the Home Based Businesses bill that preempts local government regulations and allows any home based businesses within a residential zoning, regardless of whether they reside in the home and up two employees is scheduled for a vote on the floor of the House of Representatives. Similar to the Vacation Rental legislation were are concerned that this will somehow be considered in the Senate or attached as an amendment to another bill in the waning hours of the session. 8. FDOT Workshop for Sidewalks on the West Side of SR A1A, Eau Gallie Blvd. to Volunteer Way On Thursday, April 2nd, the Florida Department of Transportation will hold a workshop in the Indian Harbour Beach City Council Chambers to discuss the sidewalk priority of the side for a sidewalk on the west side of SR A1A from Eau Boulevard to Volunteer Way. The meeting is scheduled from 6:00 p.m. to 8:00 p.m. 9. Kristi Drive Bollard Installation The residents along Kristi Dr. have been experiencing water line breaks due to school traffic parking on top of the water meters in the easement and it has been costing the residents money on their water bills due to the breaks being on the customer side of the meters. The City of Melbourne Utilities Department have installed bollards around the meters along Kristi Drive with the city’s authorization. 10. Florida Power and Light Underground Utility Work Florida Power and Light has commenced a project to providing underground electric utilizing a directional bore from SR A1A to FPL on Sub-station South Patrick Drive along the southern border of Gleason Park. This project is estimated to be completed in June 2020. 3/5/20 2:58 PM March 10, 2020 -4- City Manager’s Report Regular City Council Meeting 11. Indian Harbour Beach Police Headquarters Update You will recall in March 2019 you approved a contract with RZK Architects of Cocoa for the architectural, engineering, and landscaping design of a new Police Headquarters on South Patrick Drive, north of the Ace Hardware store, and south of the Dollar General store. The structural design of the building is approximately ninety percent (90%) complete. On Friday, February 28th the city received the proposed site plan for the facility and the proposed landscape drawings and stormwater calculations were received on March 4, 2020. The site plan and landscape plans are a pre-requisite for a Small Scale Comprehensive Plan Amendment and Rezoning (B-1 to P-2). Staff has initiated a review of these drawings and calculations for code compliance and best practices in an attempt to have public hearings on the Comprehensive Plan Amendment, Rezoning, and Site Plan in April. Special Meetings and Upcoming Events Special Meetings None Upcoming Events 2020 Mayors’ Fitness Challenge Saturday, April 18, 2020 Award Ceremony Wickham Park Amphitheater 3/5/20 2:58 PM City Council Agenda Item Approve Resolution No. 709 Supporting the Census 2020 Complete Count Meeting Date: March 10, 2020 Staff Recommendation: Approve Resolution No. 709 Supporting the Census 2020 Complete Count Background Information: The 2020 U.S. Census will begin in March 2020. As mandated by the United States Constitution, a census is taken every ten years. The Census helps determine how billions of dollars in federal funding flow into states and communities throughout America. Additionally, the Census results determine how many seats in Congress each state is allotted. Between March 12th and March 20th invitations to participate in the 2020 Census will begin arriving at households throughout the country. This invitation will include instructions on how to respond to the 2020 Census online or by phone. By April 1, most households will have received an invitation delivered either by mail or by a census taker. In areas of the country that are less likely to respond online, a paper questionnaire will be included in the initial mailing to households. Reminder mailings will be sent to households that do not respond, and in the fourth mailing every household that has not yet responded will receive a paper questionnaire. Once households receive invitations, please respond to the 2020 Census by using the provided Census ID. If a household is unable to enter the Census ID people can still respond, by providing an address. Whether people respond online, by phone or by mail, it is important to respond right away. The City of Indian Harbour Beach supports the goals and ideals for the 2020 Census and encourages residents to participate in events and initiatives that will raise the overall awareness of the 2020 Census and increase participation, as we strive to achieve a complete and accurate count of all persons within our city. Staff Recommendation: Approve Resolution No. 709 Supporting the Census 2020 Complete Count.  RESOLUTION NO. 709 A RESOLUTION OF THE CITY OF INDIAN HARBOUR BEACH, BREVARD COUNTY, FLORIDA; SUPPORTING THE EFFORTS OF THE UNITED WAY OF BREVARD AND THE SPACE COAST HEALTH FOUNDATION IN THEIR OUTREACH FOR THE 2020 CENSUS. WHEREAS the U.S. Census Bureau is required by the U.S. Constitution to conduct a count of the population, and provides a historic opportunity to help shape the foundation of our society and play an active role in American democracy; and WHEREAS the City of Indian Harbour Beach is committed to ensuring every resident is counted; and WHEREAS federal and state funding is allocated to communities, and decisions are made on matters of national and local importance based, in part, on census data and housing; and WHEREAS census data helps determine how many seats each state will have in the U.S. House of Representatives and is necessary for an accurate and fair redistricting of state legislative seats, county and city councils, and voting districts; and WHEREAS information and data from the 2020 Census and American Community Survey are vital tools for economic development and increased employment; and WHEREAS the information collected by the Census is confidential and protected by law; and WHEREAS a united voice from business, government, community-based and faith-based organizations, educators, media and others will enable the 2020 Census message to reach more of our citizens. NOW, THEREFORE, BE IT RESOLVED that the City of Indian Harbour Beach does hereby commit to partnering with the United States Census Bureau, and will: 1. Support the goals and ideals for the 2020 Census and will disseminate 2020 Census information. 2. Encourage all County residents to participate in events and initiatives that will raise the overall awareness of the 2020 Census and increase participation. 3. Support census takers as they help our County complete an accurate count. 4. Strive to achieve a complete and accurate count of all persons within our borders. PASSED AND ADOPTED by the City Council of the City of Indian Harbour Beach, Brevard County, Florida, this 10th day of March, 2020. X S co tt N ick le M a yo r ATTEST: X S u e F ra n k , M M C C ity C le rk City Council Agenda Item Public Hearing and Second Reading of Ordinance No. 2020-01 Updating the Comprehensive Plan of the City and Updating the Capital Improvements Element Meeting Date: March 10, 2020 Staff Recommendation: Conduct a Public Hearing and Approve on Second Reading Ordinance No. 2020-01 the Update of the City of Indian Harbour Beach Five Year Capital Improvement Program of the Capital Improvements Element of the Comprehensive Plan Background Information: Florida Statutes Section 163.3177(3)(b), requires the City’s Five Year Capital Improvement Program of the Capital Improvements Element (CIE) be updated annually. All local governments are required to include a Capital Improvements Element (CIE) in the Comprehensive Plan that considers the need for and location of public facilities and provides “a component that outlines principles for construction, extension, or increase in capacity of public facilities, as well as a component that outlines principles for correcting existing public facility deficiencies, which are necessary to implement the comprehensive plan.” The planning period for this element is five years. Included in this agenda is a copy of the annual report from Mr. Jim LaRue, Planning and Zoning Consultant for this update. Mr. LaRue’s report outlines the data and analysis for services benchmarked to a level of service within the Comprehensive Plan. Additionally, this report summarizes the schedule of Capital Improvements proposed related to maintaining the required level of service for these public facilities. The Planning and Zoning Board held a public hearing on February 5, 2020 for the update of the Capital Improvement Element. Following this public hearing board recommended approval of the updated CIE. Staff Recommendation: Conduct a Public Hearing and approve on Second Reading Ordinance No. 2020-01 the Update of the City of Indian Harbour Beach Five Year Capital Improvement Program of the Capital Improvements Element of the Comprehensive Plan. City Council Agenda Item Public Hearing and Second Reading of Ordinance No. 2020-02 Amending Article XIII, Section 2 of the Supplementary District Regulations of Appendix A of the Code Ordinances Pertaining to Fences and Walls. Meeting Date: March 10, 2020 Staff Recommendation: Conduct a public hearing and second reading of Ordinance No. 2020-02 Amending Article XIII, Section 2 of the Supplementary District Regulations of Appendix A of the Code of Ordinances Pertaining to Fences and Walls. Background Information: Article XIII, Section 2 of Appendix A of the Code of Ordinances provides the regulation of the installation of fences in the community. Section 2 reads as follows: Sec. 2. - Fences and walls on property other than that abutting SR A1A, South Patrick Drive and SR 3. Notwithstanding other provisions of this ordinance, fences and walls may be permitted in the side and rear yards of property not abutting SR A1A, South Patrick Drive or SR 3; provided, that no fence or wall or support structures thereof or decorative feature thereon, shall be over six (6) feet in height, except fences for tennis courts and other recreational facilities, which may be ten (10) feet in height. For purposes of this section, the height of the fence or wall shall be measured from the highest normal elevation of the ground in the adjacent yards. No fence shall be installed closer than twenty-five (25) feet to a street right-of-way line except where side corner yard requirements are less than twenty-five (25) feet, in which case the fence shall be no closer to the street right-of-way line than the existing building line. Notwithstanding the restriction on fences being installed closer than twenty-five (25) feet to a street right-of-way line, any fence installed on property in the M-1, Light Industrial District, may be located within ten (10) feet of a street right-of-way line. Provided; however, that any fence installed in the front yard of the property shall be of a chain link style. Public Hearing Ordinance 2020-02 Fence Code Modifications March 10, 2020 Council Meeting Page 2 Material for any fence or wall shall be chain link, wood, PVC, aluminum or concrete block. Any fence or wall constructed of other materials must first be approved by the city council before a permit is issued. The fence or wall shall be installed so that the exposed framing, stringers, and posts to support each section face the interior of the yard of the lot on which the fence or wall is placed, regardless of whether or not another fence or wall already exists. In interpreting this code for many years the prior and current Building Officials and department staff have utilized the following definition of a street in enforcing this regulation: Street. Any public or private right-of-way set aside for public travel which is fifty (50) feet or more in width. (1) Street right-of-way line: The property line which abounds the right-of-way set aside for use as a street. (2) Street center line: The line midway between the street right-of-way lines. Basically, for many years the Building Department has provided that on a side corner lot the required twenty-five (25) feet setback has been measured from the edge of the street and curb line. Unfortunately, this interpretation is in conflict with the code referenced above and has resulted in numerous non-conforming fences on side corner lots throughout the city that are closer than twenty-five (25) feet from the property line/right- of-way line. Should a non-conforming fence be destroyed or replaced the non-conforming fence will have to meet the code as currently written. The City Council directed staff to benchmark what other communities are doing in terms of the setback for fences on corner lots. David Wiles, Building Official has determined a common setback for such lots is ten (10) feet from the side corner lot line. Ordinance No. 2020-02 incorporates this change, along with some changes recommended by Building Official Wiles, related to allowing increases in the maximum height of up to six inches to accommodate caps, finials, posts, and decorative items. The Planning and Zoning Board held a public hearing on this proposed Ordinance on February 5, 2020, and following this hearing recommended approval of this code modification. Staff Recommendation: Conduct a public hearing and second reading of Ordinance No. 2020-02 Amending Article XIII, Section 2 of the Supplementary District Regulations of Appendix A of the Code Ordinances Pertaining to Fences and Walls.  ORDINANCE NO. 2020-02 AN ORDINANCE OF THE CITY OF INDIAN HARBOUR BEACH AMENDING ORDINANCE NO. 81-4, ZONING CODE OF THE CITY; AMENDING ARTICLE XIII, SECTION 2 OF THE SUPPLEMENTARY DISTRICT REGULATIONS, OF APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY ENTITLED FENCES AND WALLS ON PROPERTY OTHER THAN THAT ABUTTING SR A1A, SOUTH PATRICK DRIVE AND SR 3; PROVIDING THAT ALLOWING UP TO SIX INCHES OF ALLOWABLE FENCE AND WALL HEIGHT FOR CAPS, FINIALS, POSTS, AND DECORATIVE ITEMS AND AMENDED SETBACK REQUIREMENTS FOR FENCES ON SIDE CORNER LOTS; PROVIDING FOR CONFLICTING PROVISIONS SEVERABILITY; CODIFICATION AND AN EFFECTIVE DATE; NOW, THEREFORE, BE IT ORDAINED BY THE City of Indian Harbour Beach of Brevard County, Florida, as follows: SECTION 1. Article XIII, Section 2 of Appendix A of the Code of Ordinances of the City is amended to read as follows: “Sec. 2. - Fences and walls on property other than that abutting SR A1A, South Patrick Drive and SR 3. Notwithstanding other provisions of this ordinance, fences and walls maybe permitted in the side and rear yards of property not abutting SR AlA, South Patrick Drive or SR 3; provided, that no fence or wall or support structures thereof or decorative feature thereon, shall be over six (6) feet in height, excluding caps, finials, posts, etc. which may extend up to six (6) inches above the maximum six (6) foot height provided for herein. except f Fences for tennis courts and other recreational facilities, which may be ten (10) feet in height. For purposes of this section, the height of the fence or wall shall be measured from the highest normal elevation of the ground in the adjacent yards. No fence shall be installed closer than twenty-five (25) feet to a street right-of-way line except where for side corner lots the setback yard requirements are less than twenty-five (25) feet, in which case the fence shall be no closer to the street right-of-way line than ten (10) feet and must be to the rear of the front building setback the existing building line. Notwithstanding the restriction on fences being installed closer than twenty-five (25) feet to a street right-of-way line, aAny fence installed on property in the M-1, Light Industrial District, may be located within ten (10) feet of a street right-of-way line. Provided; however, that any fence installed in the front yard of the property shall be of a chain link style. Ordinance No. 2020-02 - Fences Page 2 of 2 Material for any fence or wall shall be chain link, wood, PVC, aluminum or concrete block. Any fence or wall constructed of other materials must first be approved by the city council before a permit is issued. The fence or wall shall be installed so that the exposed framing, stringers, and posts to support each section face the interior of the yard of the lot on which the fence or wall is placed, regardless of whether or not another fence or wall already exists.” SECTION 2. Conflicting Provisions. In the case of a direct conflict between any provision of this ordinance and a portion or provision of any other appropriate federal, state or county law, rule code or regulation, the more restrictive shall apply. SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 4. Codification. The City Clerk of the City is hereby directed to incorporate this Ordinance into the Zoning Code of the City. SECTION 5. Effective Date. This ordinance shall take effect in accordance with the City Charter. PASSED AND ADOPTED by the City Council of the City of Indian Harbour Beach, Brevard County, Florida, this day of , 2020. X Scott Nickle Mayor ATTEST: X Sue Frank, MMC City Clerk First Reading: Second Reading Public Hearing: