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) REGULAR MEETING AGENDA – 7:00 P.M. TUESDAY, JULY 13, 2021 CITY HALL COUNCIL CHAMBER CALL TO ORDER PLEDGE OF ALLEGIANCE FOLLOWED BY A MOMENT OF SILENT MEDITATION APPROVAL OF MINUTES 1. Regular Council Meeting minutes from June 22, 2021 PRESENTATIONS 2. Parks & Recreation Month Proclamation REPORTS 3. City Manager’s Report City Attorney’s Report Council Comments Public Comments (Agenda Items Only) UNFINISHED BUSINESS None NEW BUSINESS 4. Public Hearing – Second Reading Ordinance of No. 2021-10 Amending Chapter 9 of the Code of Ordinances, Business Tax Receipts, Creating Article III Mobile Food Dispensing Regulations ORDINANCE NO. 2021-10 AN ORDINANCE OF THE CITY OF INDIAN HARBOUR BEACH CREATING ARTICLE III IN CHAPTER 9 TO THE CODE OF Regular Council Meeting Agenda Tuesday, July 13, 2021, Page 2 ORDINANCES CREATING MOBILE FOOD DISPENSING VEHICLES REGULATIONS; PROVIDING FOR DEFINITIONS; SETTING FORTH SITE STANDARDS AND REQUIREMENTS FOR MOBILE FOOD DISPENSING VEHICLES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE 5. Public Hearing – Second Reading of Ordinance No. 2021-11 Amending Section 16.5 – 14(B) of the Code of Ordinances Authorizing the Use of Stormwater Utility Funds for a Rebate Program for certain improvements on private property to prevent stormwater from rooftops from entering the Indian River Lagoon ORDINANCE NO. 2021-11 AN ORDINANCE OF THE CITY OF INDIAN HARBOUR BEACH AMENDING SECTION 16.5 – 14 (B) OF THE CODE OF ORDINANCES AUTHORIZING THE USE OF STORMWATER UTILITY FUNDS FOR A REBATE PROGRAM FOR CERTAIN IMPROVEMENTS ON PRIVATE PROPERTY TO PREVENT STORMWATER FROM ROOFTOPS FROM ENTERING THE INDIAN RIVER LAGOON; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING AN EFFECTIVE DATE 6 Approve a contract for Disaster Recovery Debris Monitoring Services to Tetra Tech 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. 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 JUNE 22, 2021 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 (joined Council Member Jim Nolan the meeting by phone after the Council Member Bob Sharek presentations) 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 June 8, 2021, as presented. PRESENTATIONS Presentation by Shannon Lewis, City Manager for the City of Melbourne on Behalf of the Florida City County Management Association Recognizing the 45th Anniversary of the Council-Manager Form of Government in Indian Harbour Beach Melbourne City Manager Shannon Lewis presented City Council with the ICMA Recognition Award for the 45th year anniversary of the Council/Commission-Manager form of government. The official anniversary was in 2020, but due to the COVID-19 pandemic, the presentation was delayed. Presentation of the 2021 City of Indian Harbour Beach Employee of the Year City Manager Ryan presented Information Technology Manager Dominic Hamilton with the 2021 Employee of the Year award. Regular Council Meeting Minutes June 22, 2021, Page 2 Pinning Ceremony of Police Sergeant Eric Thompson Police Chief David Butler introduced Corporal Eric Thompson as the newest Police Sergeant. REPORTS City Manager’s Report ACTION ITEMS N/A INFORMATIONAL ITEMS  2021 Florida League of Cities Annual Conference – August 12-14, 2021  2020 Financial Disclosure Form Submittal  Indian Harbour Beach Police Department Construction Update  Letters of Appreciation  Florida League of Cities 2021 Legislative Policy Committee Meetings and Key Legislative Dates  July Space Coast League of Cities Dinner Meeting  City of Indian Harbour Beach Building Code Effectiveness Review by the ISO  Big Muddy Baffle Box Project Update City Attorney’s Report – No report Council Comments – Council Members Sharek and Guertin attended the in-person Space Coast League of Cities dinner. Public Comments (Agenda Items Only) There were no comments. UNFINISHED BUSINESS None NEW BUSINESS Public Hearing – Second Reading of Ordinance No. 2021-05 amending Article XII of Appendix A of the Code of Ordinances; Amending the B-1 Zoning Classification providing for an amended Conditional Land Use (CLU) to allow Contractor Use and Storage as a CLU and establish the required parking for this use Regular Council Meeting Minutes June 22, 2021, Page 3 Mayor Nickle read the title of Ordinance No. 2021-05 and opened the public hearing. ORDINANCE NO. 2021-05 AN ORDINANCE OF THE CITY OF INDIAN HARBOUR BEACH; AMENDING THE ZONING CODE OF THE CITY; ADDING A NEW SUBSECTION (I) TO ARTICLE XII SECTION 7 (3) OF APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY; PROVIDING FOR CONTRACTOR OFFICE/BAYS WITH CONDITIONS AS A CONDITIONAL LAND USE; AMENDING ARTICLE XV, SECTION 1 (B) (13) OFF-STREET PARKING REGULATIONS, OF APPENDIX (A) OF THE CODE OF ORDINANCES OF THE CITY; PROVIDING THE OFF-STREET PARKING AND LOADING REQUIREMENTS FOR CONTRACTOR OFFICE/BAYS GRANTED AS A CONDITIONAL LAND USE; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CITY’S CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE There being no speakers, the public hearing was closed. Motion made by Council Member Sharek to approve the second reading and adoption of Ordinance No. 2021-05, seconded by Deputy Mayor Panicola – motion carried 5-0. Public Hearing – Second Reading of Ordinance No. 2021-08 Amending Article V of Appendix A of the Code of Ordinances of the City, Providing for a Definition of a “Mobile Food Dispensing Vehicle” and Amending Article XII, Section 7 (1), B-1 General Commercial District, Adding Mobile Food Dispensing as a Permitted Use Mayor Nickle read the title of Ordinance No. 2021-08 and opened the public hearing. ORDINANCE NO. 2021-08 AN ORDINANCE OF THE CITY OF INDIAN HARBOUR BEACH AMENDING APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY AND ORDINANCE NO. 81-4, ZONING CODE OF THE CITY; AMENDING ARTICLE V OF APPENDIX A PROVIDING FOR A DEFINITION OF “MOBILE FOOD DISPENSING VEHICLE”; ARTICLE XII SECTION 7 (1), B-1 GENERAL COMMERCIAL ADDING NEW MOBILE FOOD DISPENSING VEHICLES AS A PERMITTED USE; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE There being no speakers, the public hearing was closed. Motion made by Deputy Mayor Panicola to approve the second reading and adoption of Ordinance No. 2021-08, seconded by Council Member Guertin – motion carried 5-0. Regular Council Meeting Minutes June 22, 2021, Page 4 Public Hearing – Second Reading of Ordinance No. 2021-09 Amending Chapter 7.5, Emergency Management of the Code of Ordinances Implementing Changes to this Chapter to Comply with New Legislation (SB 2006) signed into law by Governor DeSantis on May 3, 2021 Mayor Nickle read the title of Ordinance No. 2021-09 and opened the public hearing. ORDINANCE NO. 2021-09 AN ORDINANCE OF THE CITY OF INDIAN HARBOUR BEACH, BREVARD COUNTY, FLORIDA; AMENDING CHAPTER 7.5 TO THE CODE OF ORDINANCES OF THE CITY “EMERGENCY MANAGEMENT”; PROVIDING FOR THE DESIGNATION OF A CITY OFFICIAL IN THE EVENT OF AN EMERGENCY DEFINED HEREIN; PROVIDING FOR DEFINITIONS; PROVIDING FOR A DECLARATION OF EMERGENCY BY EXECUTIVE ORDER UNDER SPECIFIED CIRCUMSTANCES AS DESCRIBED HEREIN; PROVIDING FOR THE AUTHORITY OF A DESIGNATED CITY OFFICIAL IN THE EVENT OF AN EMERGENCY AS DEFINED HEREIN; PROVIDING FOR THE DURATION OF AN EXECUTIVE ORDER FOR A DECLARED EMERGENCY; PROVIDING FOR THE DECLARATION OF A PUBLIC HEALTH EMERGENCY; PROVIDING FOR THE ISSUANCE OF LOCAL EXECUTIVE ORDERS; PROVIDING FOR THE DURATION OF A LOCAL EXECUTIVE ORDER ISSUED FOR A PUBLIC HEALTH EMERGENCY; PROVIDING FOR THE POSTING OF ALL EMERGENCY ORDERS, ORDINANCES AND DECLARATIONS ON THE CITY’S WEBSITE; PROVIDING LIMITATIONS ON ANY CURFEW ESTABLISHED PURSUANT TO ANY EMERGENCY ORDERS, ORDINANCES AND DECLARATIONS; PROVIDING FOR REPEAL, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE There being no speakers, the public hearing was closed. Motion made by Council Member Sharek to approve the second reading and adoption of Ordinance No. 2021-09, seconded by Council Member Nolan – motion carried 5-0. First Reading Ordinance No. 2021-10 Amending Chapter 9 of the Code of Ordinances, Business Tax Receipts, Creating Article III Mobile Food Dispensing Regulations Mayor Nickle read the title of Ordinance No. 2021-10. ORDINANCE NO. 2021-10 AN ORDINANCE OF THE CITY OF INDIAN HARBOUR BEACH CREATING ARTICLE III IN CHAPTER 9 TO THE CODE OF Regular Council Meeting Minutes June 22, 2021, Page 5 ORDINANCES CREATING MOBILE FOOD DISPENSING VEHICLES REGULATIONS; PROVIDING FOR DEFINITIONS; SETTING FORTH SITE STANDARDS AND REQUIREMENTS FOR MOBILE FOOD DISPENSING VEHICLES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE Motion made by Council Member Nolan to approve the first reading of Ordinance No. 2021-10, seconded by Council Member Sharek – motion carried 5-0. First Reading of Ordinance No. 2021-11 Amending Section 16.5 – 14(B) of the Code of Ordinances Authorizing the Use of Stormwater Utility Funds for a Rebate Program for certain improvements on private property to prevent stormwater from rooftops from entering the Indian River Lagoon Mayor Nickle read the title of Ordinance No. 2021-11. ORDINANCE NO. 2021-11 AN ORDINANCE OF THE CITY OF INDIAN HARBOUR BEACH AMENDING SECTION 16.5 – 14 (B) OF THE CODE OF ORDINANCES AUTHORIZING THE USE OF STORMWATER UTILITY FUNDS FOR A REBATE PROGRAM FOR CERTAIN IMPROVEMENTS ON PRIVATE PROPERTY TO PREVENT STORMWATER FROM ROOFTOPS FROM ENTERING THE INDIAN RIVER LAGOON; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING AN EFFECTIVE DATE Motion made by Council Member Guertin to approve the first reading of Ordinance No. 2012-11, seconded by Deputy Mayor Panicola – motion carried 5-0. Renewal of the Interlocal Agreement between Brevard County and the City of Indian Harbour Beach for the Community Development Block Grant (CDBG) Program Motion made by Council Member Nolan to approve the renewal of the interlocal agreement between Brevard County and the City of Indian Harbour Beach for the Community Development Block Grant (CDBG) program, seconded by Council Member Guertin – motion carried 5-0. Appointment of a Voting Delegate for Florida League of Cities 95th Annual Conference, August 12-14, 2021, World Center Marriott, Orlando Motion made by Deputy Mayor Panicola to appoint Mayor Nickle as the voting delegate for the 95th annual Florida League of Cities conference, August 12 – 14, 2021 to be held at the World Center Marriott in Orlando, seconded by Council Member Guertin – motion carried 5-0. Regular Council Meeting Minutes June 22, 2021, Page 6 Approval to piggy-back the Brevard County Bid for Road Milling and Resurfacing to Goodson Paving, Inc. of Cocoa, Florida in an amount not to exceed $230,000 Motion made by Council Member Guertin to approve the piggy-back on the Brevard County bid for road milling and resurfacing to Goodson Paving, Inc. of Cocoa, Florida in an amount not to exceed $230,000 for the resurfacing of Pine Tree Drive from Osceola Drive to SR A1A and Banana River Drive from Osceola Drive to SR 513 (South Patrick Drive), seconded by Council Member Sharek – motion carried 5-0. PUBLIC FORUM There were no speakers from the public. ADJOURN Motion made by Council Member Nolan to adjourn the meeting at 7:42 p.m., seconded by Council Member Guertin – motion carried 5-0. X S co tt N ick le M a yo r ATTEST: X S u e F ra n k , M M C C it y C le r k  PROCLAMATION City of Indian Harbour Beach, Florida WHEREAS, parks and recreation programs are an integral part of communities throughout this country, including the City of Indian Harbour Beach; and WHEREAS, our parks and recreation are vitally important to establishing and maintaining the quality of life in our communities, ensuring the health of all citizens, and contributing to the economic and environmental well-being of a community and region; and WHEREAS, parks and recreation programs build healthy, active communities that aid in the prevention of chronic disease, provide therapeutic recreation services for those who are mentally or physically disabled, and also improve the mental and emotional health of all citizens; and WHEREAS, parks and recreation programs increase a community’s economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and WHEREAS, parks and recreation areas are fundamental to the environmental well-being of our community; and WHEREAS, parks and natural recreation areas improve water quality, protect groundwater, prevent flooding, improve the quality of the air we breathe, provide vegetative buffers to development, and produce habitat for wildlife; and WHEREAS, our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and WHEREAS, the U.S. House of Representatives has designated July as Parks and Recreation Month; and WHEREAS, the City of Indian Harbour Beach recognizes the benefits derived from parks and recreation resources. Therefore; I, Scott Nickle, Mayor, of the City of Indian Harbour Beach, Florida, do hereby proclaim July 2021 as National Parks and Recreation Month, thank our talented and professional Parks & Recreation Team for providing phenomenal Parks and Recreation programs, and urge all citizens of Indian Harbour Beach to enjoy our amazing municipal parks and fantastic recreation programs. IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of July, 2021. X Scott Nickle Mayor  CITY MANAGER REPORT The following is my report for the Council’s regular meeting of July 13, 2021. A. ACTION ITEMS 1. Acknowledgement of the City Manager’s Proposed FY 2021-2022 Annual Operating Budget and Establishment of the Annual Budget Public Hearings On or before July 13, 2021, you should receive an electronic copy of the City Manager’s Proposed FY 2021-2022 Annual Operating Budget. Additionally, Florida Statutes Chapter 200.065 provides that municipalities, counties and school boards must hold two public hearings on their proposed annual budgets. Additionally, this statute requires municipalities to avoid holding public hearings on their proposed annual budget on the same date that either the local school board or county government holds public hearings on their respective budgets. I would ask that you acknowledge receipt of the City Manager’s Proposed FY 2021-2022 Annual Operating Budget. Additionally, you previously approved a City Council Workshop to review the City Manager’s Proposed FY 2021-2022 Budget on Tuesday, July 20, 2021 at 6:00 p.m. You also previously approved the first Public Hearing for the FY 2021-2022 Proposed Operating Budget on Tuesday, September 14, 2021 for adoption of a Tentative Operating Budget and Tentative Operating Millage, along with the second Public Hearing on Monday, September 27, 2021. Both Public Hearings will be at 7:00 p.m. 2. Amendments to the City Personnel Policies I am requesting the following amendments to the city’s Personnel Policies. Section 4.8.1 Exempt Employee Adding a new subsection E. to read as follows: E. Due to the unlimited work schedule of Exempt Employees, from time to time such employees may work less than 80 hours but a minimum of 76 hours during a bi- weekly pay period, without the loss of pay or the required use of accrued leave. Section 7.5 Overtime Adding a new subsection B to read as follows: B. Non-exempt employees who are called back to work after completing his or her normal shift, for an unscheduled event, will be compensated at time and one-half their hourly rate for a minimum call-back time of two hours, except when the call- back event is the employee’s error or failure to perform task that requires immediate July 13, 2021 -2- City Manager’s Report Regular City Council Meeting corrective action. Work in excess of this 2-hour minimum will be treated normally in the calculation of overtime in a 40-hour work period. B. INFORMATIONAL ITEMS 1. 2021 Florida League of Cities Annual Conference – August 12-14, 2021 The 2021 Florida League of Cities (FLC) Annual Conference will be held August 12-14, 2021 at the World Center Marriott in Orlando, Florida. We have provided an electronic copy of the conference and hotel registration information. If you plan on attending this conference, please contact Altara Warren, Executive Assistant/Special Projects Coordinator as soon as possible so we may make your room reservation prior to the hotel rooms being sold out. The hotel registration deadline is July 22, 2021 and actual conference registration deadline is July 30, 2021. 2. Indian Harbour Beach Police Department Construction Update W & J Construction, the contractor for the construction of the new Indian Harbour Beach Police Headquarters continues their work on this project. The front trusses and decking are complete. The interior framing is over 95% complete. The MEP rough-in progressing and main roof insulation board material was located and delivered to site, but TPO roof membrane/fastener shortage continues. The supplier of the TPO roof membrane has not provided a delivery date other than “sometime in July”. Interior progress on the building will be delayed due to lack of roofing materials to keep interior dry. Hanging drywall on one side of walls and insulating duct could already be in progress if building was dried in. Our contractor is working with roofer and suppliers to expedite a solution. The stucco work is near completion and glass installation for the windows has commenced. Additionally, site work, including pond over excavation and replacement, is continuing. Florida Power & Light has set the permanent power pole and the FPL site conduits are complete. The contractor is working with FPL to confirm transformer and conductor installation within the next two weeks. 3. 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 David Butler Police Department Kevin Oaks Police Department 7/8/21 10:40 AM July 13, 2021 -3- City Manager’s Report Regular City Council Meeting Jeannie Hoffhine Police Department David Wiles Building Department Jim Bliss Building Department Congratulations! 4. Florida League of Cities 2021 Legislative Policy Committee Meetings and Key Legislative Dates The upcoming 2021 Legislative Policy Committee Meeting schedule is as follows:  July 16, 2021, from 10:00 a.m. to 3:00 p.m. at the Hyatt Regency Orlando Airport, 9300 Fuqua Blvd, Orlando, FL  August 12, 2021, during the FLC Annual Conference. The Conference will be held at the Orlando World Center Marriott, 8701 World Center Dr., Orlando, FL  Policy committees will meet during FLC Legislative Conference on November 3-5, 2021, at the Embassy Suites Lake Buena Vista South, 4955 Kyngs Heath Road, Kissimmee, FL 34746 On Tuesday, January 11, 2022, the Florida Legislature will commence their 60-day legislative session in Tallahassee. The following is a list of the dates for Interim Committee meetings in advance of the actual legislative session, but key dates throughout the session. September 20-24, 2021 Legislative Interim Committee Week October 11-15, 2021 Legislative Interim Committee Week October 18-22, 2021 Legislative Interim Committee Week November 1-5, 2021 Legislative Interim Committee Week November 15-19, 2021 Legislative Interim Committee Week November 29-December 3, 2021 Legislative Interim Committee Week January 11, 2022 2022 Legislative Session Begins March 11, 2022 2022 Legislative Session Ends 5. Pine Tree Drive and School Road Drainage Improvements You will recall in May, you approved a contract with Atlantic Development for the installation of a storm inlet at the intersection of Pine Tree Drive and School Road to collect this standing water and connect the inlet via a pipe to the existing stormwater collection system on the south side of Pine Tree Drive. Regrettably, the contractor encountered a live force main on the south side of Pine Tree Drive which prevents the connection of the drainage structure on the north side of the roadway. Based upon this evaluation, Mr. Scaldo worked with the contractor to construct an alternative of exfiltration piping on the north side of the roadway to attempt to address this drainage issue. 7/8/21 10:40 AM July 13, 2021 -4- City Manager’s Report Regular City Council Meeting 6. Ethics Training for Elected Officials As you are aware, the Florida Legislature in 2014 passed legislation requiring elected officials to take four hours of ethics training each calendar year beginning in 2015. As a part of the 2021 FLC Annual conference, the FLC is providing four hours of continuing education in ethics, as required each year by Florida law. This training will be from 8:00 am to 12:00 pm on Thursday, August 12, 2021. If you haven’t completed this required training, and you are registered for the Annual Conference, this is an opportunity to meet this requirement. This training is limited to the first 150 people to register. If you have registered for this training, and due to the early start time (8:00 am), it is permissible to book a conference hotel room for the evening prior to this training. Also, the Florida League of Cities University is offering a Virtual Ethics Training course on Wednesday, July 14, 2021 from 10:00 a.m. to 3:30 p.m. Registration can be made via the following link: https://register.gotowebinar.com/register/1020304324865365520 Finally, the Brevard School Board (Matt Susin, Vice Chairman) has offered to host an Ethics Training session with the Space Coast League of Cities Elected Officials. Johnathan Wilkes from Wharton Smith has agreed to sponsor the event. Amy Envall from OCPS has agreed to work with Paul Gibbs General Council, and Kyle and Amanda will help to set up the Promethean panels and the interactive clicker games. The following is the information for this training opportunity: Date: October 4, 2021 Time: 9:00am – 1:00 pm Location: Brevard Public Schools, Board Room, 2700 Judge Fran Jamieson Way, Viera, FL 32940 7. Revenue and Expenditure Report (May 2021) In accordance with Article VI, Section 4 (H) of the Charter of the City of Indian Harbour Beach, I am including in this agenda package a copy of the Revenue and Expenditure Report for the period ending May 30, 2021. From the revenue perspective, this report reflects receipt of 52.8% of the anticipated revenue at 66.66% of the budget year. The expenditure portion of this report reflects expenses totaling 52.2% of budgeted expenses through 66.66% of the budget year. The Executive Team continues to manage their respective budgets to the bottom line. 8. 2021 Indian Harbour Beach Arts & Crafts Show Unless directed otherwise, Kristin Cusimano, Recreation Director is proposing to hold the 2021 Indian Harbour Beach Arts & Crafts Show on Saturday, November 13, 2021 in Gleason Park. Ms. Cusimano intends to reduce the number of allowable vendors and increase the spacing between vendors to provide for greater social distancing. 7/8/21 10:40 AM July 13, 2021 -5- City Manager’s Report Regular City Council Meeting Special Meetings and Upcoming Events Special Meetings FY 2021-2022 Budget Workshop Tuesday, July 20, 2021 @ 6:00 p.m. First Public Hearing FY 2021-2022 Annual Tuesday, September 14, 2021, Operating Budget City Council Chambers @ 7:00 p.m. Second Public Hearing FY 2021-2022 Monday, September 27, 2021, City Annual Operating Budget Council Chambers @ 7:00 p.m. Upcoming Events Summertime Fertilizer Ban – to assist in the June 1st – September 30th preservation of the Indian River Lagoon from stormwater runoff with nitrogen and phosphorous from fertilizers Florida League of Cities Legislative Policy July 16, 2021, Hyatt Regency Committee Meetings Orlando International Airport 10:00 a.m. – 3:00 p.m. Florida League of Cities Legislative Policy August 12, 2021, Hyatt Regency Committee Meetings Orlando World Center Marriott 1:00 p.m. -3:00 p.m. Florida League of Cities Annual Conference August 12-14, 2021, Orlando World Center Marriott 7/8/21 10:40 AM City Council Agenda Item Public Hearing and Second Reading on Ordinance No. 2021-10 Amending Chapter 9 of the Code of Ordinances, Business Tax Receipts, Creating Article III Mobile Food Dispensing Regulations Meeting Date: July 13, 2021 Staff Recommendation: Conduct a public hearing and second reading of Ordinance No. 2021-10 Amending Chapter 9 of the Code of Ordinances, Business Tax Receipts, creating Article III Mobile Food Dispensing Regulations Background Information: The Florida Legislature passed, and Governor DeSantis signed into law in the 2020 Florida Legislative Session, CS/HB 1193, Deregulation of Professional and Occupations. This bill prohibits local governments from prohibiting Mobile Food Dispensing Vehicles. This Legislation permits local governments to regulate the operation of mobile food dispensing vehicles, except as provided for in Florida Statute, Section 509.102 (2). As a result of this legislation, the City is amending the Zoning code to allow Mobile Food Dispensing Vehicles within the B-1 General Commercial Zoning District. The B-1 Zoning District is the same zoning that provides that restaurants are a permitted use. In adopting this zoning provision, the City Council has determined that it is in the best interest of the residents of the City of Indian Harbour Beach and it is the furtherance of the public health, safety, and welfare, to formally adopt this Ordinance to regulate the operation of Mobile Food Dispensing vehicles. Ordinance No. 2021-10 is presented for a public hearing and adoption. Staff Recommendation: Conduct a public hearing and second reading of Ordinance No. 2021-10 Amending Chapter 9 of the Code of Ordinances, Business Tax Receipts, creating Article III Mobile Food Dispensing Regulations City Council Agenda Item Public Hearing and Second Reading of Ordinance No. 2021-11 Amending Section 16.5 – 14 (B) of the Code of Ordinances Authorizing the Use of Stormwater Utility Funds for a Rebate Program Meeting Date: July 13, 2021 Staff Recommendation: Conduct a public hearing and second reading of Ordinance No. 2021-11 amending Section16.5 – 14 (B) of the Code of Ordinances authorizing the use of Stormwater Utility Funds for a rebate program for certain improvements on private property to prevent stormwater from rooftops from entering the Indian River Lagoon. Background Information: At the June 8, 2021 City Council Meeting, Staff presented a proposal to amend the City’s Stormwater Utility Fund regulations to implement a rebate program for the installation of certain improvements, such as rain barrels, on private property that would prevent stormwater from rooftops from entering the Indian River Lagoon. The City Council endorsed this proposal. In an effort to prevent pollution from roof runoff, if approved, this ordinance would allow the City to encourage the installation of rain barrels to capture and store rainwater running off a rooftop. The harvested rainwater can be used immediately or stored for later use to water lawns and landscaped areas, fill ponds or fountains, or wash cars. This proposal is modeled after the City of Melbourne program that provides their residents to receive one $50 rebate for installing a new 40-gallon or larger rain barrel. City Attorney Bohne, has opined the use of stormwater utility funds as an incentive to reimburse property owners who install improvements to collect and store stormwater to prevent harmful pollutant laden stormwater from discharging to the Indian River Lagoon; serves a valid public purpose and conforms to various statutes. Ordinance No. 2021-11 is presented for a public hearing and adoption. Staff Recommendation: Conduct a public hearing and second reading of Ordinance No. 2021-11 amending Section 16.5 – 14 (B) of the Code of Ordinances authorizing the use of Stormwater Utility Funds for a rebate program for certain improvements on private property to prevent stormwater from rooftops from entering the Indian River Lagoon. City Council Agenda Item Approve a Contract for Disaster Recovery Debris Monitoring Services Meeting Date: July 13, 2021 Staff Recommendation: Approve a Contract for Disaster Recovery Debris Monitoring Services Background Information: In June the City Council approved a contract with Crowder Gulf for disaster recovery debris removal services. A second component of pre-disaster planning pertains to obtaining a qualified vendor to provide monitoring services of the disaster debris recovery process in order to meet the strict reporting requirements from FEMA and FDEM. The cities issued a Request for Proposals (RFP) for monitoring services of this debris collection process. The City Council approved Crowder Gulf as the primary vendor and CERES Environmental as a secondary vendor, along with awarding the RFP for Debris Monitoring Services to Tetra Tech. Included in this agenda package are copies of the agreement for these services with Tetra Tech. Staff Recommendation: Staff is recommending approval of a Disaster Recovery Debris Monitoring Services Contract to Tetra Tech.