City Council

As per City adopted Council Chamber Indian Harbour Beach City Hall guidelines, the Chamber is a campaign 2055 South Patrick Drive free zone. For more information, please Indian Harbour Beach, FL 32937 see the placard on the back wall and/or (321) 773-3181 (Phone) contact the City Clerk. (321) 773-5080 (Fax) CITY COUNCIL REGULAR MEETING AGENDA TUESDAY, DECEMBER 8, 2020 CITY HALL COUNCIL CHAMBER – 7:00 P.M The City of Indian Harbour Beach City Council will hold a public meeting at which all persons are invited on Tuesday, December 8, 2020 at 7:00 p.m. Due to COVID-19 social distancing requirements, the Indian Harbour Beach City Hall Council Chamber will have limited socially distanced seating. In-person speaking will be permitted. The City will utilize the GoToMeeting platform for this meeting. The public can view the meeting online at https://global.gotomeeting.com/join/791269389 and may listen via phone at +1 (872) 240-3412 and entering conference room number: 791-269-389. This telephone number will allow the public to listen to the meeting. Public comments may also be provided in written form by emailing the comments to citizeninput@indianharbour.org no later than 12:00 noon on Tuesday, December 8, 2020. Copies of written comments will be distributed to the Mayor and City Council. CALL TO ORDER PLEDGE OF ALLEGIANCE FOLLOWED BY A MOMENT OF SILENT MEDITATION APPROVAL OF MINUTES 1. Regular Council Meeting minutes from November 10, 2020 REPORTS 2. City Manager’s Report City Attorney’s Report Council Comments Public Comments (Agenda Items Only) UNFINISHED BUSINESS None Regular Council Meeting Agenda Tuesday, December 8, 2020, Page 2 NEW BUSINESS 3. PUBLIC HEARING – Second Reading and adoption of Ordinance No. 2020-12 Repealing Ordinance No. 2005-12 and Ordinance No. 2011-05 Granting a New Exclusive Franchise Agreement to Waste Management, Inc. of Florida ORDINANCE NO. 2020-12 AN ORDINANCE OF THE CITY OF INDIAN HARBOUR BEACH, BREVARD COUNTY, FLORIDA, REPEALING ORDINANCE NO. 2005-12 AND ORDINANCE NO. 2011-5 IN FULL; ADOPTING A NEW EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE IN FAVOR OF WASTE MANAGEMENT, INC. OF FLORIDA; ESTABLISHING MANDATORY SOLID WASTE, YARD WASTE, AND RECYCABLE MATERIALS COLLECTION REQUIREMENTS UNDER CERTAIN TERMS AND CONDITIONS FOR RESIDENTS AND COMMERCIAL ESTABLISHMENTS WITHIN THE CITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR AN EXCLUSIVE FRANCHISE; ESTABLISHING REQUIREMENTS FOR CONTAINERIZED AND ROLL-OFF COLLECTION SERVICES; PROVIDING FOR MANDATORY COLLECTION REQUIREMENTS AND A PENALTY FOR VIOLATION OF SAID MANDATORY SERVICE REQUIREMENTS; PROVIDING FOR COLLECTOR RESPONSIBILITIES; PROVIDING FOR STANDARDS OF COLLECTION AND OPERATION; PROVIDING FOR THE DUTY OF CUSTOMERS; ESTABLISHING SERVICES TO BE PROVIDED; ESTABLISHING COMPENSATION, RATES AND BILLING PROCEDURES; PROVIDING FOR PAYMENT OF A FRANCHISE FEE; PROVIDING FOR COLLECTION PROCEDURES IN THE EVENT OF A HURRICANE OR OTHER DISASTER; PROVIDING FOR COMMENCEMENT OF AGREEMENT, DECISIONS REGARDING DISAGREEMENTS, GROUNDS FOR DEFAULT OF COLLECTOR; PROVIDING FOR ADMINISTRATIVE CHARGES AGAINST COLLECTOR; PROVIDING FOR CERTAIN INDEMNIFICATION TO THE CITY; PROVIDING FOR A PERFORMANCE BOND; PROVIDING FOR A RECYCLING PROGRAM COLLECTION; PROVIDING FOR THE DUTIES OF THE CUSTOMER REGARDING THE RECYCLING PROGRAM; PROVIDING FOR DUTIES OF THE COLLECTOR WITH REGARDS TO YARD TRASH COLLECTION, BULK YARD WASTE; PROVIDING FOR DISPUTE RESOLUTION, RECORD KEEPING AND QUARTERLY REPORTS; PROVIDING FOR A FRANCHISE FEE AND NOTICE; PROVIDING FOR AN EFFECTIVE DATE AND REPEAL OF PRIOR FRANCHISE AGREEMENTS Regular Council Meeting Agenda Tuesday, December 8, 2020, Page 3 4. Discuss and Take Action on Whether to Extend the Face Covering Regulation in the City through Executive Order No. 2020-05. 5. Council Discussion and Direction Concerning the Regulations for the Parking and Storage of Recreational Vehicles in Residential Areas 6. Follow-up Discussion on Allowing Golf Carts and Low Speed Vehicles to Operate on Certain Sreets within the City 7. Advisability ot Amend the B-1 (General Commercial) Zoning District to Allow Offices with Warehouse Storage 8. Adoption of the City of Indian Harbour Beach 2021 Legislative Priorities 9. COVID-19 General Discussion and Updates 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 THIS 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 NOVEMBER 10, 2020 Due to COVID-19 social distancing requirements, the Indian Harbour Beach City Hall Council Chamber had limited socially distanced seating. In-person speaking was permitted. CALL TO ORDER The Regular 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 - virtual Council Member James Nolan City Clerk Sue Frank Council Member Bob Sharek 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 Regular Council Meeting minutes from October 13, 2020 The consensus of Council was to approve the minutes from the October 13, 2020 meeting as presented. Regular Council Meeting minutes from October 27, 2020 The consensus of Council was to approve the minutes from the October 27, 2020 meeting as presented. Special Council Meeting minutes from October 28, 2020 The consensus of Council was to approve the minutes from the October 28, 2020 meeting as presented. School Choice Proclamation Mayor Nickle issued a Proclamation declaring January 24 – 30, 2021 as School Choice Week. Regular Council Meeting minutes November 10, 2020, Page 2 Swearing-in Newly Elected Council Members, Election of Mayor for 2020-2021, Election of Deputy Mayor, Appointment of Representatives City Clerk Sue Frank swore in re-elected Council Members Bob Sharek, Seat #1 and James Nolan, Sr., Seat #2 for a term of three (3) years that would end upon the swearing in of the elected Council Members after the election in 2025. Motion made by Council Member Nolan to elect Scott Nickle as Mayor for the period of November 2020 to November 2021, seconded by Deputy Mayor Panicola – motion carried 5-0. Motion made by Council Member Sharek to elect David Panicola as Deputy Mayor for the period of November 2020 to November 2021, seconded by Council Member Guertin – motion carried 5-0. Motion made by Deputy Mayor Panicola to appoint Council Member Frank Guertin to be the City representative to the Space Coast Transportation Planning Organization (SCTPO) Technical Advisory Committee (TAC), seconded by Council Member Nolan – motion carried 5-0. Motion made by Deputy Mayor Panicola to appoint Council Member James Nolan to be the City representative to the South Beaches Coalition, seconded by Council Member Sharek – motion carried 5-0. Motion made by Deputy Mayor Panicola to appoint Council Member Sharek as the voting delegate to the Space Coast League of Cities for 2021, seconded by Council Member Nolan – motion carried 5-0. Motion made by Deputy Mayor Panicola to appoint Council Member Guertin as the alternate voting delegate to the Space Coast League of Cities for 2021, seconded by Council Member Sharek – motion carried 5-0. PRESENTATIONS Employee Recognition – Retirement of Executive Assistant Shauna Hume Mayor Nickle presented a plaque to Executive Assistant Shauna Hume for her upcoming retirement on November 30, 2020. REPORTS City Manager’s Report ACTION ITEMS N/A Regular Council Meeting minutes November 10, 2020, Page 3 INFORMATIONAL ITEMS  Letters of Appreciation  60th Annual Florida League of Cities Legislative Conference  The City of Melbourne will be hosting a drive-in Veterans Day Fireworks Celebration at the Melbourne Square Mall on Wednesday, November 11  IHBPD Police Headquarters Update  City Day Award Council had no objections to issuing a City Day for 2021.  Holiday Closures  Christmas Movie The tentative location for the movie will be the Algonquin Sports Complex where social distancing spots will be marked.  Wimico Drive Sidewalk Design  2021 Mayor’s Fitness Challenge  Big Muddy Baffle Box Project Update  Acquisition of Disinfecting Machines  Potential Cancellation of the November 24, 2020 and December 22, 2020 City Council Meetings Council had no objections to cancelling the November 24 and December 22, 2020 City Council meetings.  Ethics Training for Elected Officials  Beachside Magazine to Spotlight the Indian Harbour Beach Police Department  Capital Asset Disposal Report City Attorney’s Report – No report. Council Comments Council Member Guertin stated that he had taken the required Ethics training on October 23, 2020. Council Member Sharek stated the November and December Space Coast League of Cities monthly meetings have been cancelled. The organization was hoping to be able to hold the January 2021 meeting in Palm Bay. Public Comments (Agenda Items Only) There were no comments from the public. Regular Council Meeting minutes November 10, 2020, Page 4 UNFINISHED BUSINESS First Reading of Ordinance No. 2020-11 Amending Chapter 13 of the Code of Ordinances Creating New Sections 13-40.2 and 13-40.3 Allowing Members of Indian Harbour Beach Police Pension Plan to Purchase Prior Military Service Credit and Prior Police Officer Service Credit Mayor Nickle read the title of Ordinance No. 2020-11. ORDINANCE NO. 2020-11 AN ORDINANCE OF THE CITY OF INDIAN HARBOUR BEACH, BREVARD COUNTY, FLORIDA; AMENDING ARTICLE III, CHAPTER 13, PENSIONS AND RETIREMENT-POLICE, OF THE CODE OF ORDINANCES OF THE CITY; CREATING A NEW SECTION 13-40.2 ALLOWING MEMBER PURCHASES OF PRIOR MILITARY SERVICE CREDIT; CREATING A NEW SECTION 13-40.3 ALLOWING MEMBER PURCHASES OF PRIOR POLICE OFFICER SERVICE CREDIT; PROVIDING FOR SEVERABILITY AND INTERPRETATION; PROVIDING FOR CONFLICT AND CODIFICATION; PROVIDING AN EFFECTIVE DATE Motion made by Deputy Mayor Panicola to approve the first reading of Ordinance No. 2020- 11, seconded by Council Member Nolan – motion carried 5-0. NEW BUSINESS First Reading of Ordinance No. 2020-12 Repealing Ordinance No. 2005-12 and Ordinance No. 2011-05 Granting a New Exclusive Franchise to Waste Management, Inc. of Florida Mayor Nickle read the title of Ordinance No. 2020-12. ORDINANCE NO. 2020-12 AN ORDINANCE OF THE CITY OF INDIAN HARBOUR BEACH, BREVARD COUNTY, FLORIDA, REPEALING ORDINANCE NO. 2005-12 AND ORDINANCE NO. 2011-5 IN FULL; ADOPTING A NEW EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE IN FAVOR OF WASTE MANAGEMENT, INC. OF FLORIDA; ESTABLISHING MANDATORY SOLID WASTE, YARD WASTE, AND RECYCABLE MATERIALS COLLECTION REQUIREMENTS UNDER CERTAIN TERMS AND CONDITIONS FOR RESIDENTS AND COMMERCIAL ESTABLISHMENTS WITHIN THE CITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR AN EXCLUSIVE FRANCHISE; ESTABLISHING REQUIREMENTS FOR CONTAINERIZED AND ROLL-OFF COLLECTION SERVICES; PROVIDING FOR MANDATORY Regular Council Meeting minutes November 10, 2020, Page 5 COLLECTION REQUIREMENTS AND A PENALTY FOR VIOLATION OF SAID MANDATORY SERVICE REQUIREMENTS; PROVIDING FOR COLLECTOR RESPONSIBILITIES; PROVIDING FOR STANDARDS OF COLLECTION AND OPERATION; PROVIDING FOR THE DUTY OF CUSTOMERS; ESTABLISHING SERVICES TO BE PROVIDED; ESTABLISHING COMPENSATION, RATES AND BILLING PROCEDURES; PROVIDING FOR PAYMENT OF A FRANCHISE FEE; PROVIDING FOR COLLECTION PROCEDURES IN THE EVENT OF A HURRICANE OR OTHER DISASTER; PROVIDING FOR COMMENCEMENT OF AGREEMENT, DECISIONS REGARDING DISAGREEMENTS, GROUNDS FOR DEFAULT OF COLLECTOR; PROVIDING FOR ADMINISTRATIVE CHARGES AGAINST COLLECTOR; PROVIDING FOR CERTAIN INDEMNIFICATION TO THE CITY; PROVIDING FOR A PERFORMANCE BOND; PROVIDING FOR A RECYCLING PROGRAM COLLECTION; PROVIDING FOR THE DUTIES OF THE CUSTOMER REGARDING THE RECYCLING PROGRAM; PROVIDING FOR DUTIES OF THE COLLECTOR WITH REGARDS TO YARD TRASH COLLECTION, BULK YARD WASTE; PROVIDING FOR DISPUTE RESOLUTION, RECORD KEEPING AND QUARTERLY REPORTS; PROVIDING FOR A FRANCHISE FEE AND NOTICE; PROVIDING FOR AN EFFECTIVE DATE AND REPEAL OF PRIOR FRANCHISE AGREEMENTS Motion made by Deputy Mayor Panicola to approve the first reading of Ordinance No. 2020-12, seconded by Council Member Guertin – motion carried 5-0. PUBLIC FORUM There were no comments from the public. ADJOURN Motion made by Deputy Mayor Panicola to adjourn the meeting at 7:31 p.m., seconded by Council Member Sharek – motion carried 5-0. X Scott Nickle Mayor ATTEST: X S u e F ra n k , M M C C ity C le rk  CITY MANAGER REPORT The following is my report for the Council’s regular meeting of December 8, 2020. Merry Christmas and Happy New Year from your talented and dedicated professional team members here in Indian Harbour Beach! A. ACTION ITEMS 1. Council Input Staff has received a request from the Friends of the Satellite Beach Public Library to be allowed to advertise Book Sales and other activities on the City Hall Marquee, provided these sales or events don’t conflict with City messages on the marquee. While there is no written policy, I explained the City typically does not promote non-city related activities, as if we do it for one, we must do it for all. The representative of the Friends of the Library indicates they are a 501 (c) (3) non-profit and funds raised go to the library that services both cities. I believe there are other 501 (c) (3) non-profit organizations who would like the City to promote their activities and fund raising efforts. As we develop a formal written policy on this issue, I am seeking your input for inclusion in the policy, and whether you desire to establish a distinction between the Friends of the Library and other non-profit organizations. Additionally, I am seeking your input concerning the memorial trees, benches, and tables within Gleason Park. You will recall we discontinued allowing additional memorial amenities within the park and implemented the brick paver inscription program near the boardwalk. We have received complaints from citizens that some of the existing memorial trees, benches, and tables have had plastic flowers and other items placed beside them, which has created a resemblance of a cemetery, not a park. Unless directed otherwise, it is my intention to place an article in the January 2021 Harbour Highlights informing the community that such items are not permitted, and must be removed by March 1, 2021, or the items will be removed by the City. B. INFORMATIONAL ITEMS 1. Letters of Appreciation Since we last met we have received letters of appreciation or e-mails from citizens acknowledging the hard work and professional efforts of the following team members. Employee Department Corporal Kevin Oaks Police Department Todd Scaldo Public Works Department December 8, 2020 -2- City Manager’s Report Regular City Council Meeting Congratulations! 2. October 23rd Fire at the Jamestown Condominiums At approximately 2152 hrs., the City of Indian Harbour Beach Communications Center was alerted to a structure fire at 919 Palm Springs Blvd, Jamestown Condominiums. Members of the Indian Harbour Beach Police Department and Indian Harbour Beach Volunteer Fire Department were dispatched to the scene. Police Chief David Butler and the following members of his team responded to take immediate action for this call: Sgt. Shad Carter Corporal Kevin Oaks Officer Joseph Pinsker K-9 Officer Dominic Palmeri Detective Jim Adams Communications Officers Byron Silva and Jessica Simmons did a phenomenal job managing the radio, dispatching, and handling the volumes of telephone calls during this event. District 56, Truck 56, Engine 56, Engine 356, and Utility 56 from the Indian Harbour Beach Volunteer Fire Department responded to this call with the following members taking immediate action to battle this blaze and save lives and property: Fire Chief Todd Scaldo Deputy Chief Hank Aprea Assist Chief Tom Knowlton Battalion Chief Tony Coleman Lieutenant Lou Iervasi Lieutenant Mark Ray Firefighter Matt McNulty Firefighter David Knowlton Firefighter Ty Estes Mutual aid was provided by the Satellite Beach Fire Department, led by Fire Chief Dave Abernathy, along with members of Brevard County Fire Rescue Station 63. Additionally, we thank and recognize the Satellite Beach Police Department, led by Chief Jeff Pearson, for providing invaluable traffic control assistance on SR A1A. Another major contributor to the City’s response to this event was the Indian Harbour Beach Victim Advocate, Lisa German. Ms. German was an invaluable resource, on-scene, and provided exceptional support to the displaced victims of this fire. Through her efforts and partner organization, the American Red Cross, they were able to provide the needed assistance to the victims of this fire. 12/3/20 3:27 PM December 8, 2020 -3- City Manager’s Report Regular City Council Meeting Our Building Official, David Wiles, also responded to the scene and provided exceptional support during the event and initiated the process of investigating this fire and determining what measures must be in place for the displaced residents to return to their homes. The City is truly blessed to have such dedicated and professional volunteer firefighters who work tirelessly to save lives and property. The Indian Harbour Beach Volunteer Fire Department, along with their first responder partners, the members of Indian Harbour Beach Police Department, all risked their lives that evening to save the residents in this fire. If not for the heroics of the men and women of these outstanding departments, the outcome would have been tragic. We are so proud of you and thank you for what you do for this great community. 3. IHBPD Police Headquarters Update The last remaining outside agency permits from the Florida Department of Transportation (FDOT), Driveway and Right-of-Way Permits, have been received. On Tuesday, December 1, 2020 the City issued the Notice to Proceed to W & J Construction, our contractor for the new Indian Harbour Beach Police Headquarters on South Patrick Drive. In accordance with the contract entered into with W & J Construction, the contractor has 306 calendar days (Oct. 2, 2021) to be substantially complete with this project, and final completion by November 1, 2021. Additionally, a groundbreaking ceremony is planned for Saturday, December 5, 2020 at 10:00 a.m. at the site of the new Police Headquarters on South Patrick Drive. 4. Holiday Closures On Thursday, December 24th and Friday, December 25th City Hall and offices will be closed in observance of the Christmas holidays. Additionally, on Friday, January 1, 2021 City Hall will be closed in observance of the New Year’s holiday. 5. 2021 Mayors’ Fitness Challenge The 2021 Mayors’ Fitness Challenge, the fifth year of this great event, is a collaboration between Health First, United Way of Brevard County, and Healthiest Weight Brevard, and is fast approaching. The challenge will run from February 6th thru March 27th. This FREE 8-week challenge provides an opportunity for residents in each participating municipality to come together and become healthier communities. Registration opens December 7th. Shirts will be guaranteed if you register between December 7th and January 11th. A special thank you to Kristin Cusimano, Recreation Director, for stepping up to the plate to serve as our Team Captain in 2021. We encourage you, your family, and friends to register as we try to achieve the designation of “Most Fit” city in Brevard County for 2021. 12/3/20 3:27 PM December 8, 2020 -4- City Manager’s Report Regular City Council Meeting 6. Big Muddy Baffle Box Project Update As you are aware, on October 13, 2020, the City Council approved the award of the bid for the Big Muddy Baffle Box Project to Young’s Communication LLC, Melbourne, Florida at a cost not to exceed $340,772.00. The Notice of Award was provided to the contractor on October 14, 2020, and the executed contract and required Performance Bond and Certificates of Insurance were presented to the City on October 26th. The contractor has commenced submitting materials for approval by the City and our consulting engineer. The contractor anticipates mobilization at the site the week of December 7-11, 2021, installation of silt fencing, and turbidity barriers, and initiate the survey work for the project. I am proud to announce the City was advised that our grant application to the St. John’s River Water Management District, in the amount of $189,761.00 for this project will be on the District’s Governing Board Agenda for a grant award approval on December 8, 2020. If approved, these funds, along with the Save Our Indian River Lagoon (SOIRL) ½ Cent Sales Tax Funding ($67,532) for this project, will pay 66% of the total project design and construction cost ($389,666). 7. Brevard County Legislative Delegation Meeting, January 7, 2021 (Virtual) State Representative Rene Plasencia, Chairperson of the Brevard County Legislative Delegation, has announced the Brevard Delegation Meeting, a virtual meeting, will be held on Thursday, January 7, 2021 from 4:00 p.m. to 7:00 p.m. Government entities will be allowed time from 4:00 p.m. to 5:30 p.m. 8. 2021 Florida Legislative Update The following are upcoming key dates for the upcoming 2021 Legislative Session. January 11-15, 2021 Legislative Interim Committee Week January 25-29, 2021 Legislative Interim Committee Week February 1-5, 2021 Legislative Interim Committee Week February 8-12, 2021 Legislative Interim Committee Week February 15-19, 2021 Legislative Interim Committee Week March 2, 2021 2021 Legislative Session Begins April 7-8, 2021 FLC Legislative Action Days April 30, 2021 2021 Legislative Session Ends On Monday, November 30, 2020 members of the Florida Legislature began filing legislation to be considered in the 2021 Legislative Session. In the first three days following the opening of this process, more than twenty (20) have been filed for consideration in the 12/3/20 3:27 PM December 8, 2020 -5- City Manager’s Report Regular City Council Meeting Florida Legislature. A significant number of the bills filed to date deal with providing financial relief in excess of the Sovereign Immunity limits. As you may know, I currently serve as the Chairperson of the Florida City County Management Association (FCCMA) Legislative Committee. Part of my role on the committee is to provide updates on pending legislation. As of this date, it is unclear how the Florida Legislature will handle public involvement in the legislative process in light of the current pandemic facing the state. 9. Bicentennial and Millennium Beach Park RFQ for Design Build Replacement Boardwalk and Pavilions Within the FY 2021 Annual Operating Budget, we appropriated $250,000 for the replacement of the boardwalks and pavilions at the Bicentennial and Millennium Beach Parks. We are currently out for solicitations of qualifications (RFQ) for an architect and contract for this project. The response to this RFQ is due on December 8, 2020. 10. Fund Balance/Cash Reserve Report Within the adopted 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. 11. Miscellaneous Special Meetings and Upcoming Events Special Meetings Upcoming Events Christmas Holidays – City Facilities Closed Thursday, December 24th and Friday, December 25th New Year’s Holiday – City Facilities Closed Friday, January 1, 2021 12/3/20 3:27 PM City Council Agenda Item Public Hearing and Second Reading of Ordinance No. 2020-12 Repealing Ordinance No. 2005-12 and Ordinance No. 2011-5 Granting a New Exclusive Franchise Agreement to Waste Management, Inc. of Florida Meeting Date: December 8, 2020 Staff Recommendation: Conduct a Public Hearing and Second Reading of Ordinance No. 2020-12 Repealing Ordinance No. 2005-12 and Ordinance No. 2011-5 Granting a New Exclusive Franchise Agreement to Waste Management, Inc. of Florida Background Information: In 2015 the City entered into negotiations with Waste Management to extend the Exclusive Franchise Agreement for Solid Waste, Yard Waste, and Recycling Collection. These negotiations resulted in the adoption of a renewed Exclusive Franchise Agreement with Waste Management that will expire on December 31, 2020. In July 2020, direction was provided for Staff to begin negotiations to renew this agreement. Staff began negotiations and based upon the direction provided by the City Council at the October 27th meeting, the attached Ordinance No. 2020-12 is presented for second reading. The proposed renewed franchise agreement extends the duration of the existing franchise agreement until December 31, 2025. However, with the mutual consent of both parties the agreement may be extended in two (2) five-year increments. Staff Recommendation: Conduct a Public Hearing and Second Reading of Ordinance No. 2020-12 Repealing Ordinance No. 2005-12 and Ordinance No. 2011-5 Granting a New Exclusive Franchise Agreement to Waste Management, Inc. of Florida. City Council Agenda Item Discuss and Take Action on Whether to Extend the Face Covering Regulation in the City through Executive Order No. 2020-05 Meeting Date: December 8, 2020 Staff Recommendation: Discuss and Take Action on Whether to Extend the Face Covering Regulation in the City through Executive Order No. 2020-05 Background Information: On July 14, 2020 and July 21, 2020, the Indian Harbour Beach City Council adopted Emergency Ordinances No. 2020-01 and 2020-02 implementing Face Covering regulations to reduce the spread of the deadly COVID-19 Virus within the city limits of the City of Indian Harbour Beach. At the July 28, 2020 City Council Meeting, the Council held a public hearing and adopted Ordinance No. 2020-07 creating an Emergency Management Chapter within the Code of Ordinances of the City, in which said ordinance delegates the authority to issue Executive Orders during a State of Emergency to the City Manager. At the July 28th City Council meeting the City Council ratified Executive Order No. 2020- 01 prepared in conformance with the newly adopted Emergency Management Chapter. Executive Order No. 2020-01 continuing the Face Covering Regulations adopted under Emergency Ordinances No. 2020-01 and 2020-02 until 12:01 a.m. September 10, 2020 to reduce the spread of the deadly COVID-19 Virus within the city limits of the City of Indian Harbour Beach. At the September 9, 2020 Council Meeting the City Council ratified Executive Order No. 2020-03 that extended the Face Covering Regulations in the City of Indian Harbour Beach until 12:01 a.m. on October 14, 2020. On September 25, 2020, Governor DeSantis issued Executive Order No. 2020-244. Executive Order 20-244 does the following: 1. Removes state-level restrictions on businesses, such as restaurants. 2. Provides that no COVID-19 emergency ordinance may prevent an individual from working or operating a business, giving Floridians and business owners needed certainty and the ability to provide for themselves and their families. 3. Provides that restaurants may not be limited by a COVID-19 emergency order by any local government to less than 50% of their indoor capacity. If a restaurant is limited to less than 100% of its indoor capacity, such COVID-19 emergency order must satisfy the following: i. Quantify the economic impact of each limitation or requirements on those restaurants; and ii. Explain why each limitation or requirement is necessary for public health. 4. Suspends all outstanding fines and penalties, and the collection of such moving forward, applied against individuals related to COVID-19. Additionally, the Cocoa Beach City Commission, the Indialantic Town Commission, and the Satellite Beach City Council have discontinued their face covering regulations, voted to cancel their face covering regulations, with the exception of inside municipal buildings. At the October 13, 2020 City Council meeting the City Council ratified Executive Order No. 2020-04 that extended the Face Covering Regulations in the City of Indian Harbour Beach until 12:01 a.m. on December 9, 2020. Staff is seeking direction whether you desire to continue the Face Covering Regulations within Executive Order No. 2020-04, and if so, what would be the duration of the new Executive Order No. 2020-05. Staff Recommendation: Discuss and Take Action on Whether to Extend the Face Covering Regulation in the City through Executive Order No. 2020-05. City Council Agenda Item Council Discussion and Direction Concerning the Regulations for the Parking and Storage of Recreational Vehicles in Residential Areas Meeting Date: December 8, 2020 Staff Recommendation: Council Discussion and Direction Concerning the Regulations for the Parking and Storage of Recreational Vehicles in Residential Areas Background Information: In October 2017 we initiated a discussion concerning the municipal codes that regulate the parking and storage of recreational vehicles on residential properties. Due to potential conflicting codes and some confusion in the community, the City Council directed staff to develop an ordinance that would continue the current prohibition of the parking of recreational vehicles in front of the front building line; however, some exceptions would be memorialized into the code. The cities/towns of Melbourne, Palm Bay, Titusville, Indialantic, Satellite Beach, Melbourne Beach, and West Melbourne have regulations pertaining to the prohibition of parking such vehicles in front of the front building line. During the adoption process of this updated Code, the City Council requested including language allowing a recreational vehicle, trailer or watercraft to be temporarily parked or stored on the paved portion of the owner's driveway for up to forty-eight (48) consecutive hours. The parking and storage of recreational vehicles, including boats and trailers, is one of the most frequent complaints from citizens received by the City. The City has actively attempted to enforce this regulation; however, there are challenges as a result of the temporary exception cite above. One recent Code Enforcement case before the Special Magistrate was deferred to allow for a discussion with the Mayor and City Council on this issue. In addition to the discussion of the enforcement challenges, the Respondent in this case is requesting the Staff Report – Recreational Vehicle parking December 10, 2020 Council Meeting City Council amend the code to model after the City of St. Cloud’s regulations which would allow recreational vehicles in front of the front building line. Staff would like to initiate discussion on this issue and solicit input from you, the Mayor and City Council, on this regulation. Staff Recommendation: Council Discussion and Direction Concerning the Regulations for the Parking and Storage of Recreational Vehicles in Residential Areas. City Council Agenda Item Follow-up Discussion on Allowing Golf Carts and Low Speed Vehicles to Operate on Certain Streets within the City Meeting Date: December 8, 2020 Staff Recommendation: Council discussion on allowing golf carts and low speed vehicles to operate on certain streets within the city Background Information: In 2017 and 2018 we initiated a discussion with the City Council seeking advisability whether to consider implementing an ordinance allowing golf carts in the community. In both instances the City Council declined to implement regulations allowing golf carts within the community; however, the City Council determined that low speed vehicles, meeting all the requirements of Florida Statutes would be allowed without any further action by the city. Deputy Mayor Panicola has contacted my office indicating he continues to receive citizen inquiries concerning allowing golf carts within the community, similar to the action taken by the City of Satellite Beach. For background information, in accordance with Florida Statutes Chapter 316.212 (attached) the operation of a golf cart upon public roads or streets within the state is prohibited except as stated in the statute and under conditions cited. A municipality may allow the use of such golf carts; however, prior to making such a designation, the responsible local governmental entity must first determine that golf carts may safely travel on or cross the public road or street, considering factors including the speed, volume, and character of motor vehicle traffic using the road or street. Upon a determination that golf carts may be safely operated on a designated road or street, the responsible governmental entity shall post appropriate signs to indicate that such operation is allowed. Florida Statutes Chapter 316.2122 (attached) is another statute regulating the operation of low-speed or mini trucks on certain roadways. Some citizens who have inquired about the use of golf carts within the community and were informed that the city does not currently allow golf carts. As such these residents have had their carts registered with the Florida Department of Motor Vehicles with a license plate attached. This statute Follow-up Discussion on Allowing Golf Carts and Low Speed Vehicles December 8, 2020 Council Meeting provides that cities and the county may prohibit the operation of low speed vehicles on any road within their jurisdiction. You will recall, staff initiated the prior discussion with the City Council and residents were observing these vehicles operating in the city, and as such also have also purchased a golf cart as defined by Florida Statutes 316.212. The number of such vehicles has been steadily increasing here in the community, and some of which are being observed being operated by minors. You will also recall, in 2017 we contacted the Town of Grant-Valkaria, who has adopted an ordinance allowing these vehicles, for a copy of any study performed on this issue in an attempt to use the study as a guide to prepare our study. The Town of Grant-Valkaria did not perform the study contemplated by the statute. The Grant-Valkaria Town Council made the determination that the operation of golf carts within the community is safe in accordance with the statute. In 2017 our Police Chief David Butler indicated he is uncomfortable in providing a study indicating the speed, volume, and character of traffic using the designated roadway is acceptable and these carts can safety operate on local roadways. However, he indicated the operation of Low-Speed Vehicles authorized by Florida Statute 316.2122 would require no further study or authorization by the city. Again, you previously declined to implement regulations allowing golf carts within the community. The Indian Harbour Beach City Council can utilize the approach by the Town of Grant/Valkaria and make a legislative determination of allowing golf carts within the community, except on SR A1A and South Patrick Drive. Staff Recommendation: Staff would like to initiate a follow-up discussion on the utilization of golf carts within the community. City Council Agenda Item Advisability to Amend the B-1 (General Commercial) Zoning District to Allow Offices with Warehouse Storage Meeting Date: December 8, 2020 Staff Recommendation: Staff is seeking advisability to amend the B-1 (General Commercial) Zoning District to allow offices with warehouse storage. Background Information: The owner of the vacant 0.48-acre parcel, zoned B-1 General Commercial, at the northeast corner of Tomahawk Drive and South Patrick Drive has submitted a site plan for a 6,456 sq. ft. building. The owner is proposing a five (5) bay facility with a small office in each bay and the remaining portion warehousing for each office. Staff has met with the owner and the owner’s representative to share conflicts with the proposed use and the B-1 zoning classification. These include a conflict with permitted uses and the parking requirements for a commercial building (1 space for each 200 sq. feet). In an attempt to resolve these conflicts, the owner proposed amending the Comprehensive Plan and rezoning the eastern portion of the property (approximately 2/3 of the parcel) to M-1, Light Industrial, similar to the properties further east on Tomahawk Drive. Unfortunately, there are other vacant B-1 zoned parcels east of the subject property which would not make this parcel contiguous with M-1 zoned properties, and thus create a spot zoning issue. Therefore, the owner is requesting the city consider amending the B-1 General Commercial zoning classification to allow the proposed use, and if approved, providing reduced parking requirements (One space for each two (2) employees on the largest working shift). If you provide direction to proceed, our Planning Consultants, LaRue Planning, will examine this issue and make a recommendation on whether to include this use as a Conditional Land Use or Special Exception. Staff Recommendation: Staff is seeking advisability to amend the B-1 (General Commercial) Zoning District to allow offices with warehouse storage. City Council Agenda Item Adoption of the City of Indian Harbour Beach 2021 Legislative Priorities Meeting Date: December 8, 2020 Staff Recommendation: Adoption of the City of Indian Harbour Beach 2021 Legislative Priorities. Background Information: Earlier this year the Florida League of Cities (FLC) Legislative Policy Committees began the development of their 2021 Legislative Priorities and adopted these priorities at the FLC Annual Conference. Attached is a copy of the DRAFT 2021 Legislative Priorities for our community that I have prepared incorporating local issues, as well as state wide issues of significance to our community from the FLC Policy Statements. You may adopt as drafted, amend the priorities, or provide additional priorities. The adopted priorities will be submitted to the Space Coast League of Cities, as well as the Brevard County Legislative Delegation meeting held later this year or early next year. Staff Recommendation: Staff is requesting modification, if necessary, and adoption of the attached City of Indian Harbour Beach 2021 Legislative Priorities. City Council Agenda Item COVID-19 General Discussion Regarding the City’s Activities and Responses and Direction on Related Issues Meeting Date: December 8, 2020 Staff Recommendation: COVID-19 General Discussion regarding the City’s activities and responses and direction on related issues. Background Information: This portion of the meeting will allow for general discussion with the Mayor and City Council on COVID-19 municipal activities and responses, providing direction to Staff on issues presented or areas discussed. This agenda item is reserved for discussion between the City Council and staff on COVID- 19 related issues. One area for discussion is the use of the City Council Chambers by homeowner’s associations (HOA’s). As you know, the city allows the use of the Chambers one time a year at no charge to these HOA’s. With the advent of COVID-19 we suspended this use until the Governor entered into Phase 3 of his re-opening plan. You will also recall I reported on the efforts of the Indian Harbour Beach Police Department in securing sanitization equipment through Brevard County and the federal CARES Act funds. The sanitizing equipment utilizes a specialized product in this process. If we continue the use of the Chambers for HOA meetings, in addition to normal city meetings the frequency of the sanitation process will increase, as well as the cost for the specialized product. Sue Frank, City Clerk, coordinates the scheduling of the Chambers and we are seeing an increase in the requests for use of the facility, therefore, we are seeking your input. Staff Recommendation: COVID-19 General Discussion Regarding the City’s Activities and Responses and Direction on Related Issues