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 27, 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 July 13, 2021 2. Budget Workshop Meeting minutes from July 20, 2021 REPORTS 3. City Manager’s Report City Attorney’s Report Council Comments Public Comments (Agenda Items Only) UNFINISHED BUSINESS None NEW BUSINESS 4. Request for Setting the Proposed Tentative Operating Mmillage Rate No Lower Than 5.6401 Mils 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 JULY 13, 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 Clerk Sue Frank Council Member Jim Nolan 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 The consensus of Council was to approve the regular council meeting minutes from June 22, 2021, as presented. PRESENTATIONS Parks & Recreation Month Proclamation Mayor Nickle presented a proclamation to Recreation Director Kristin Cusimano, naming July 2021 as National Parks and Recreation month in the City of Indian Harbour Beach. REPORTS City Manager’s Report ACTION ITEMS Acknowledgement of the City Manager’s Proposed FY 2021-2022 Annual Operating Budget and Establishment of the Annual Budget Public Hearings Regular Council Meeting Minutes July 13, 2021, Page 2 Motion made by Deputy Mayor Panicola to acknowledge receipt of the City Manager’s Proposed FY 2021-2022 Annual Operating Budget, seconded by Council Member Sharek – motion carried 5-0. Amendments to the City Personnel Policies Motion made by Council Member Nolan to approve amending the personnel policies by adding a new subsection E to Section 4.8.1 Exempt Employee, and a new subsection B to Section 7.5 Overtime, seconded by Council Member Guertin – motion carried 5-0. INFORMATIONAL ITEMS  2021 Florida League of Cities Annual Conference – August 12-14, 2021  Indian Harbour Beach Police Department Construction Update  Letters of Appreciation  Florida League of Cities 2021 Legislative Policy Committee Meetings and Key Legislative Dates  Pine Tree Drive and School Road Drainage Improvements  Ethics Training for Elected Officials  Revenue and Expenditure Report (May 2021)  2021 Indian Harbour Beach Arts & Crafts Show City Attorney’s Report – City Attorney Bohne was absent. Council Comments Council Member Guertin stated that he had attended the Satellite Beach Library Board meeting. Council agreed to put an article in the next newsletter asking for volunteers to serve on this board. Council Member Guertin also attended the Space Coast TPO meeting where the project list was updated through 2026. Council Member Nolan stated the South Beaches Coalition meeting was cancelled due to a lack of a quorum. Council Member Sharek attended the FLC City Strong webinar which was dedicated to Parks. Council enjoyed the Space Coast League of Cities dinner that was hosted by the City and held at the Recreation Center. They also thanked the staff members who helped make it a success. Public Comments (Agenda Items Only) – no comments. Regular Council Meeting Minutes July 13, 2021, Page 3 UNFINISHED BUSINESS None NEW BUSINESS Public Hearing – Second Reading of Ordinance of 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 and opened the public hearing. ORDINANCE NO. 2021-10 AN ORDINANCE OF THE CITY OF INDIAN HARBOUR BEACH CREATING ARTICLE III IN CHAPTER 9 TO THE CODE OF 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 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. 2021-10, seconded by Deputy Mayor Panicola – motion carried 5-0. 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 Mayor Nickle read the title of Ordinance No. 2021-11 and opened the public hearing. 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 Regular Council Meeting Minutes July 13, 2021, Page 4 Mr. David Botto, 275 Poinciana Dr, Indian Harbour Beach spoke. There being no additional speakers, Mayor Nickle closed the public hearing. Motion made by Council Member Sharek to approve the second reading and adoption of Ordinance no. 2021-11, seconded by Council Member Guertin – motion carried 5-0. Approve a contract for Disaster Recovery Debris Monitoring Services to Tetra Tech Motion made by Council Member Sharek to approve the contract for Disaster Recovery Debris Monitoring Services with Tetra Tech at the hourly rates that were included in the September 2020 proposal (RFP# 19-20.07), seconded by Deputy Mayor Panicola – motion carried 5-0. PUBLIC FORUM There were no speakers from the public. ADJOURN Motion made by Deputy Mayor Panicola to adjourn the meeting at 7:35 p.m., seconded by Council Member Guertin – motion carried 5-0. X S co tt Nick le M a yo r ATTEST: X S u e F ra n k , M M C C it y C le rk 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) BUDGET WORKSHOP JULY 20, 2021 CALL TO ORDER The Budget Workshop was called to order at 6:00 p.m. by Mayor Scott Nickle with the following present: Deputy Mayor David Panicola City Manager Mark Ryan Council Member Frank Guertin City Clerk Sue Frank Council Member Jim Nolan 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. FISCAL YEAR 2021-2022 BUDGET DISCUSSION City Manager Ryan presented the proposed operating budget for fiscal year 2021-2022. Some of the items included in the proposed budget include a new fire engine, a second baffle box, development of a master plan for Algonquin Sports Complex, boardwalk and pavilion replacement at Bicentennial and Millennium beach parks, completion of the new Police Headquarters, and replacement of playground equipment for Gleason Park and Millennium Beach Park. The tentative operating millage rate would be established at the July 27, 2021 Regular City Council meeting. PUBLIC COMMENT There were no comments from the public. ADJOURN Motion made by Deputy Mayor Panicola to adjourn the meeting at 6:43 p.m., seconded by Council Member Guertin – motion carried 5-0. X Sco tt Nick le M a yo r 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 July 27, 2021. A. ACTION ITEMS 1. Algonquin Sport Complex Master Plan You will recall I previously reported that Altara Warren, Executive Assistant/Special Projects Coordinator, submitted a grant request to the Florida Department of Economic Opportunity's (DEO) Community Planning Technical Assistance grant program to develop a Master Plan for the undeveloped portion of the Algonquin Sports Complex. The proposal for this project is to utilize the services of the East Central Florida Regional Planning Council (ECFRPC) to complete this project. Despite the phenomenal efforts of Ms. Warren, the City was unsuccessful in obtaining this competitive grant. However, this project is vitally important to the community and is a top priority of the Mayor and City Council. Staff would like to continue with the development of this community driven Master Plan for the Algonquin Sport Complex. The ECFRPC is prepared to proceed with this exciting project, utilizing the Scope of Work from the DEO grant submittal, at a cost of $43,000. This project would occur over two fiscal years (FY 21 and FY 22) and funds have been appropriated for this project in both fiscal years. 2. Amendment to City Travel Reimbursements and Advances Policy At the May 11, 2021 City Council Meeting, a new Travel Reimbursements and Advances Policy was approved. In utilizing this new policy, it has been revealed that a scrivener error exists on page seven of the policy related to lodging reimbursements for out of county travel. Staff is requesting approval of the following amendment: Section 3.3 B. Lodging – Travelers will receive reimbursement of lodging expenses if the expenses are necessary, reasonable, are based on a single occupancy rate and are substantiated by paid receipts. Overnight travel a. Prior to the event, may be authorized for reimbursement if the destination is out of the County, more than 100 50 miles from City Hall, and the meeting time or first required session begins at 9 a.m. or earlier the next day. b. In the event the authorized travel is out of the County and for multiple days, overnight travel may be authorized with checkout on the last day of the conference. July 27, 2021 -2- City Manager’s Report Regular City Council Meeting c. In the event the authorized travel is out of the County, more than 100 50 miles from City Hall, for multiple days, and the commute time after the last required session would not allow time for the Traveler to return home by 10 p.m., the Traveler may be authorized for an additional night. d. No overnight travel will be authorized within Brevard County or within 50 miles of City Hall. 3. Space Coast League of Cities Legislative Advocacy Committee The Space Coast League of Cities has a standing committee of representatives from each municipality that make up the Legislative Advocacy Committee. I currently serve as a member of the committee; however, Committee Chair Dominick Montanaro is inquiring if any of the City Council Members desire to serve on this committee. 4. Marine Resource Council Low Impact Development Conference. The Marine Resources Council of East Florida, Inc. has announced the launch of a new and bold movement to improve the health of the Indian River Lagoon once-and-for-all by implementing advanced stormwater management practices as well as making the community aware of the negative impact of overdevelopment on the lagoon. This program will begin with MRC's 2021 Low Impact Development Conference in Rockledge, Florida. Date & Time: Thursday and Friday, October, 21 & 22, 2021, (9 a.m. - 5 p.m.) Location: Center for Collaboration at 1100 Rockledge Blvd The MRC is requesting ONE elected official from each city to attend this upcoming conference FREE of charge. The conference is valued at $600 per attendee. At this time, it would be appropriate to determine which member of the City Council can attend this conference and represent our community. B. INFORMATIONAL ITEMS 1. Indian Harbour Beach Police Department Construction Update W & J Construction, the contractor for the construction of new Indian Harbour Beach Police Headquarters continues their work on this project. Material shortages continue to impact the project. The front sloped shingle roof dry-in is in progress (structure complete), but dry-in for rest of building has been delayed by roofing screw shortage across all suppliers. This has delayed duct insulation, wall batt insulation, permanent power panel and drywall installation. G&G Roofing located screws in Jacksonville and is arranging delivery. Framing sub is checking multiple sources for batt insulation to avoid additional delay. The stucco on the exterior of the building is complete. Additionally, the windows are installed; glass doors are available but will be installed later to avoid damage. Pond completion is continuing. The storm drainage system is complete except north side of the 7/22/21 2:59 PM July 27, 2021 -3- City Manager’s Report Regular City Council Meeting building yard drains where we were awaiting antenna location confirmation and sewer line crossing. Sewer line is complete except for wastewater tanks (in production) and associated piping. FPL has completed transformer installation and cabling to power pole. All light pole bases and site conduit are complete; antenna design/location is being finalized to allow antenna conduit completion. 2. Florida League of Cities 2021 Legislative Policy Committee Meetings and Key Legislative Dates The upcoming 2021 Legislative Policy Committee Meeting schedule is as follows:  August 12, 2021, during 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 3. Pine Tree Drive and Banana River Drive Road Resurfacing On July 20th, the contractor for the 2021 Road Resurfacing program commenced this project. This program will mill and resurface Banana River Drive from South Patrick Drive to Osceola Drive and Pine Tree Drive from the Indian Harbour Beach Volunteer Fire Department to SR A1A. 4. 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. 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 7/22/21 2:59 PM July 27, 2021 -4- City Manager’s Report Regular City Council Meeting agreed to work with Paul Gibbs General Counsel, 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 5. Revenue and Expenditure Report (June 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 June 30, 2021. From the revenue perspective, this report reflects receipt of 54.9% of the anticipated revenue at 75% of the budget year. The expenditure portion of this report reflects expenses totaling 59.2% of budgeted expenses through 75% of the budget year. The Executive Team continues to manage their respective budgets to the bottom line. Special Meetings and Upcoming Events Special Meetings 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 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 7/22/21 2:59 PM City Council Agenda Item Request for Setting the Proposed Tentative Operating Millage Rate no Lower Than 5.6401 Mils Meeting Date: July 27, 2021 Staff Recommendation: Request for setting the proposed tentative Operating Millage Rate no lower than 5.6401 mils. Background Information: The City Manager’s Proposed General Fund Budget for FY 2021-2022 is balanced at a millage rate of 5.6401 that is 6.44% above the rolled back rate (revenue neutral) of 5.2988 mils. This proposed tentative Operating Millage Rate yields $414,799 in additional property tax revenue to fund recurring expenses. The proposed tentative millage rate is the same millage for each of the past four years. In accordance with Florida Statutes 200.065, the final adopted millage rate may be lower; however, it may not be higher than the proposed tentative millage rate. The maximum millage rate allowed by law is 5.8287 mils (10% above the rolled-back rate) and would generate $618,488 in additional property tax revenue over the prior fiscal year revenue. The table on the following page provides a comparison of the Current Millage Rate, the Rolled-back Millage Rate, and the Proposed Tentative Millage Rate for most local governments here in Brevard County.  Ranking City Current Rolled-back Proposed 1 Melbourne Village 9.9020 NO NO RESPONSE RESPONSE 2 Satellite Beach 8.6312 8.1872 8.6312 3 Palm Bay (rollback + voted) 7.8378 7.4142 7.8378 4 Titusville 7.2145 6.8586 8.2461 5 Indialantic 7.0923 6.8211 7.0923 6 Melbourne 6.8685 6.6501 6.8685 7 Rockledge 6.0500 5.8758 5.9900 8 Brevard Public Schools 5.9420 TBD (aggregate) 9 Cocoa 5.9790 5.8666 6.4532 10 Cocoa Beach 5.8294 5.5431 5.9544 11 Indian Harbour Beach 5.6401 5.2988 5.6401 12 Brevard County Commission 5.6404 5.5249 5.4446 (aggregate) 13 Melbourne Beach 4.5151 4.2885 4.9264 14 Cape Canaveral 3.6396 3.5755 3.5755 15 Malabar 2.3800 2.2727 2.6107 16 West Melbourne 2.5087 2.4449 2.4449 17 Grant Valkaria 1.3038 1.2658 1.3038 Staff Recommendation: Request for setting the proposed tentative Operating Millage Rate no lower than 5.6401 mils.