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, SEPTEMBER 26, 2023 LTC NORMAN C. HAYES AND MARILYN C. HAYES COUNCIL CHAMBER – 7:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE FOLLOWED BY A MOMENT OF SILENT MEDITATION ROLL CALL EXCUSAL OF COUNCIL MEMBERS ADDITIONS, DELETIONS OR CHANGES TO THE AGENDA, IF ANY PRESENTATIONS/PROCLAMATIONS/INTRODUCTIONS Eryn Russell from the Florida League of Cities will present a 30 years of service award to Council Member Jim Nolan and a 20 years of service award to the family of Deputy Mayor Emeritus David Panicola APPROVAL OF MINUTES 1. Regular Council meeting minutes from September 12, 2023 REPORTS 2. City Manager’s Report City Attorney’s Report Council Comments Public Comments (Agenda Items Only) UNFINISHED BUSINESS N/A Regular Council Meeting Agenda Tuesday, September 26, 2023 Page 2 NEW BUSINESS 3. PUBLIC HEARING – Second reading and adoption of Ordinance No. 2023-06 amending the Fiscal Year 2022-2023 budget Hold a public hearing and approve the second reading and adoption of Ordinance No. 2023-06 amending the Fiscal Year 2023. ORDINANCE NO. 2023-06 AN ORDINANCE AMENDING BUDGET ORDINANCE NO. 2022-11 FOR FISCAL YEAR OCTOBER 1, 2022 THROUGH SEPTEMBER 30, 2023 BY CHANGING CERTAIN AMOUNTS SHOWN AS ANTICIPATED OPERATING EXPENDITURES RESULTING IN AN OVERALL DECREASE OF $594,094 AND CERTAIN OF THE AMOUNTS SHOWN AS ANTICIPATED REVENUES, RESULTING IN A LIKE AMOUNT 4. PUBLIC HEARING – Second reading and adoption of Ordinance No. 2023-07 for FY 2023-2024 Millage rate adoption Hold a public hearing and approve the second reading and adoption of Ordinance No. 2023-07 adopting a millage rate for Fiscal Year 2023-2024. ORDINANCE NO. 2023-07 AN ORDINANCE ADOPTING A MILLAGE RATE FOR THE CITY OF INDIAN HARBOUR BEACH, FLORIDA FOR THE FISCAL YEAR 2023 – 2024; PROVIDING FOR AN EFFECTIVE DATE 5. PUBLIC HEARING – Second reading and adoption of Ordinance No. 2023-08 FY 2023-2024 Budget Hold a public hearing and approve the second reading and adoption of Ordinance No. 2023-08 to adopt a budget for Fiscal Year 2023-2024. ORDINANCE NO. 2023-08 AN ORDINANCE TO ESTABLISH AND ADOPT A BUDGET FOR THE FISCAL YEAR OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2024 6. PUBLIC HEARING – Second reading and adoption of Ordinance No. 2023-09 – CIE annual update Approve the Second Reading and adoption of Ordinance No. 2023-09 providing for the annual update to the City’s Capital Improvements Element of the Comprehensive Plan Regular Council Meeting Agenda Tuesday, September 26, 2023 Page 3 ORDINANCE NO. 2023-09 AN ORDINANCE OF THE CITY OF INDIAN HARBOUR BEACH, BREVARD COUNTY, FLORIDA, UPDATING THE FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS OF THE CITY’S COMPREHENSIVE PLAN AS MANDATED BY FLORIDA STATUTES SECTIONS 163.3177(3)(b); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE 7. Award of Contract for the City Hall Baffle Box Project (RFQ 2023-06) Award of contract not to exceed $105,000.00 to Infrastructure Solution Services, LLC for engineering services to design the City Hall Baffle Box Project (RFQ #2023-06) and subsequent enginner support services 8. Planning and Zoning Board reappointments Re-appointment to the Planning and Zoning Board of Mr. Jose Fuenmayor and Mr. Dan Green as a voting member with terms expiring on September 30, 2026 and re-appointment of Ms. Veronica Selivanova as an alternate with a term expiring on September 30, 2024 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 SEPTEMBER 12, 2023 CALL TO ORDER Mayor Scott Nickle called the Regular Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE FOLLOWED BY A MOMENT OF SILENT MEDITATION Mayor Nickle led the Pledge of Allegiance followed by a moment of silent meditation. Mayor Nickle, Council Member Nolan, Council Member Sharek and Council Member Guertin all expressed their condolences and shared a few memories of Deputy Mayor Panicola after his recent passing. ROLL CALL City Clerk Sue Frank called roll call: Mayor Scott Nickle – present Council Member Jim Nolan – present Council Member Frank Guertin – present Council Member Bob Sharek – present Also in attendance was City Manager John W. Coffey. City Attorney Karl Bohne attended by phone. EXCUSAL OF COUNCIL MEMBERS Council Member Guertin made a motion to grant Deputy Mayor David Panicola a permanent excusal from Council meetings and give him the title of Deputy Mayor Emeritus, seconded by Council Member Sharek – motion carried 4-0. ADDITIONS, DELETIONS OR CHANGES TO THE AGENDA, IF ANY The consensus of Council was to accept the agenda as presented. Regular Council Meeting Minutes September 12, 2023 Page 2 PRESENTATIONS/PROCLAMATIONS/INTRODUCTIONS Mayor Nickle read and presented a proclamation for Constitution Week. Mayor Nickle read and presented a proclamation for Suicide Prevention Week. APPROVAL OF MINUTES Motion made by Council Member Guertin to approve the Regular Council meeting minutes from August 22, 2023 as presented, seconded by Council Member Sharek – motion carried 4-0. Motion made by Council Member Sharek to approve the Town Hall meeting minutes from September 5, 2023 as presented, seconded by Council Member Guertin – motion carried 4-0. REPORTS City Manager’s Report  Gleason Park Restroom Utilities Extension Update  Paid Fire Chief Recruitment Update  A1A (SR A1A/Pine Tree Drive & SR A1A/Palm Springs Blvd.) Accessible Pedestrian Signal Devices Update  Employee Recognition City Attorney’s Report – City Attorney Bohne had no report. Council Comments Council Member Nolan stated the South Beaches Coalition meeting would be held on Monday, September 18th. Council Member Sharek stated the he, Mayor Nickle, Council Member Guertin and City Manager Coffey attended the Space Coast League of Cities dinner. Public Comments (Agenda Items Only) There were no public comments. UNFINISHED BUSINESS N/A NEW BUSINESS PUBLIC HEARING – First reading of Ordinance No. 2023-06 amending the Fiscal Year 2022-2023 budget Regular Council Meeting Minutes September 12, 2023 Page 3 Mayor Nickle read the title of Ordinance No. 2023-06 and opened the public hearing. There being no speakers, the public hearing was closed. ORDINANCE NO. 2023-06 AN ORDINANCE AMENDING BUDGET ORDINANCE NO. 2022-11 FOR FISCAL YEAR OCTOBER 1, 2022 THROUGH SEPTEMBER 30, 2023 BY CHANGING CERTAIN AMOUNTS SHOWN AS ANTICIPATED OPERATING EXPENDITURES RESULTING IN AN OVERALL DECREASE OF $594,094 AND CERTAIN OF THE AMOUNTS SHOWN AS ANTICIPATED REVENUES, RESULTING IN A LIKE AMOUNT Motion made by Council Member Guertin to approve the first reading of Ordinance No. 2023-06, amending Ordinance No. 2022-11, the budget for Fiscal Year 2022-2023, seconded by Council Member Nolan – motion carried 4-0. PUBLIC HEARING - First reading of Ordinance No. 2023-07 for FY 2023-2024 Millage rate adoption Mayor Nickle read the title of Ordinance No. 2023-07 and opened the public hearing. There being no speakers, the public hearing was closed. ORDINANCE NO. 2023-07 AN ORDINANCE ADOPTING A MILLAGE RATE FOR THE CITY OF INDIAN HARBOUR BEACH, FLORIDA FOR THE FISCAL YEAR 2023 – 2024; PROVIDING FOR AN EFFECTIVE DATE Motion made by Council Member Sharek to approve the first reading of Ordinance No. 2023-07, adopting a millage rate for the FY 2023-2024 budget, seconded by Council Member Nolan – motion carried 4-0. PUBLIC HEARING – First reading of Ordinance No. 2023-08 FY 2023-2024 Budget Mayor Nickle read the title of Ordinance No. 2023-08 and opened the public hearing. There being no speakers, the public hearing was closed. ORDINANCE NO. 2023-08 AN ORDINANCE TO ESTABLISH AND ADOPT A BUDGET FOR THE FISCAL YEAR OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2024 Motion made by Council Member Sharek to approve the first reading of Ordinance No. 2023-08, adopting the budget for FY 2023-2024, seconded by Council Member Guertin – motion carried 4-0. Regular Council Meeting Minutes September 12, 2023 Page 4 First reading of Ordinance No. 2023-09 – CIE annual update Mayor Nickle read the title of Ordinance No. 2023-09 and opened the public hearing. There being no speakers, the public hearing was closed. ORDINANCE NO. 2023-09 AN ORDINANCE OF THE CITY OF INDIAN HARBOUR BEACH, BREVARD COUNTY, FLORIDA, UPDATING THE FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS OF THE CITY’S COMPREHENSIVE PLAN AS MANDATED BY FLORIDA STATUTES SECTIONS 163.3177(3)(b); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE Motion made by Council Member Sharek to approve the first reading of Ordinance No. 2023-09, updating the five-year capital improvement schedule of the comprehensive plan, seconded by Council Member Nolan – motion carried 4-0. PUBLIC HEARING - Resolution No. 744 – Annual stormwater assessment Mayor Nickle read the title of Resolution No. 744 and opened the public hearing. There being no speakers, the public hearing was closed. RESOLUTION NO. 744 A RESOLUTION OF THE CITY OF INDIAN HARBOUR BEACH, BREVARD COUNTY, FLORIDA, IMPOSING AN ANNUAL STORMWATER UTILITY ASSESSMENT FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023, AGAINST ALL REAL PROPERTY WITHIN THE CITY LIMITS OF INDIAN HARBOUR BEACH, BREVARD COUNTY, FLORIDA; PROVIDING FOR CLASSIFICATIONS OF PROPERTY; PROVIDING FOR CERTIFICATION OF ANNUAL STORMWATER UTILITY ASSESSMENT ROLL; PROVIDING AN EFFECTIVE DATE Motion made by Council Member Nolan to adopt Resolution No. 744, adopting the annual stormwater utility non-ad valorem assessment for FY 2023-2024, seconded by Council Member Guertin – motion carried 4-0. Resolution No. 745: Adoption of the FY24 (2023-2024) Employee Pay and Classification Plan Mayor Nickle read the title of Resolution No. 745. RESOLUTION NO. 745 A RESOLUTION OF THE CITY OF INDIAN HARBOUR BEACH, BREVARD COUNTY, FLORIDA; ESTABLISHING AN EMPLOYEE PAY AND CLASSIFICATION PLAN FOR FISCAL YEAR 2023-2024 IN Regular Council Meeting Minutes September 12, 2023 Page 5 ACCORDANCE WITH ARTICLE VI, SECTION 4(B) OF THE CITY CHARTER; PROVIDING AN EFFECTIVE DATE Motion made by Council Member Nolan to adopt Resolution No. 745, adopting the employee pay and classification plan for fiscal year 2023-2034, seconded by Council Member Sharek – motion carried 4-0. Ranking of Engineering Services for RFQ 2023-06 City Hall Baffle Box Project Motion made by Council Member Sharek to approve the ranking of the Engineering Services firms for RFQ 2023-06, the City Hall Baffle Box Project, and authorize staff to negotiate a contract for design services with the top ranked firm of Infrastructure Solutions Services, LLC, seconded by Council Member Nolan – motion carried 4-0. Renewal/Selection of Employee Life Insurances for FY24 Motion made by Council Member Guertin to approve recommended employee life insurances for Fiscal Year 24 with New York Life, with a combined estimated cost of $24,778, and transfer the additional budgeted funds to the City Manager Contingency Fund, seconded by Council Member Sharek – motion carried 4-0. Appointment of Deputy Mayor Motion made by Council Member Nolan to appoint Council Member Guertin to fill the unexpired term of Deputy Mayor, seconded by Council Member Sharek – motion carried 4-0. PUBLIC FORUM Mr. Adam Lucey, Navaho Circle, spoke. ADJOURN Motion made by Council Member Sharek to adjourn the meeting at 7:55 p.m., seconded by Council Member Guertin – motion carried 4-0. 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  CITY MANAGER’S REPORT: September 26, 2023 A. ACTION ITEMS None B. INFORMATIONAL ITEMS 1. Process to fill the unexpired Council Member term of Deputy Mayor Emeritus Panicola The unexpired City Council Member term runs through November 2024. The appointee will be eligible to seek re-election to a two-year term due to the 2022 voter approved transition to four-year Council terms. Seat #3 will then begin a four-year term in 2026. Candidates for selection to seat #3 by the City Council shall have been residents of the City for at least one (1) year prior to the date of qualification for office (October 12, 2023) and shall have the qualifications of a city elector (i.e., a registered voter). Resumes and/or letters of interest will be accepted by City Clerk Sue Frank, MMC, until 5:00 p.m., Thursday, October 12, 2023. At the October 24, 2023 City Council meeting, the Council will allow each candidate three (3) minutes to address them before the selection is made. Three of the four Council Members must vote for the successful candidate or a special election shall be held at a later date to fill seat #3. For more information, please contact Ms. Sue Frank, MMC, City Clerk at sfrank@indianharbour.org or at 321.773.3181. 2. Brevard County Delegation Meeting Date: Wednesday, October 25, 2023 Time: 3:00 PM - 6:00 PM Location: Port Maritime Center, 445 Challenger Road, Cape Canaveral, FL 32920 I will be attending and addressing the delegation concerning the City’s legislative priorities. 3. SB 170 Update Staff met with the new Planning consultant last week to continue to work on implementation of SB 170 requirements that include: September 26, 2023 City Manager’s Report Regular City Council Meeting  Business impact analysis form (previously vetted through City Attorney Bohne) that will be required for certain future ordinances  Advertising requirements when the business impact analysis is required  Website language regarding availability of surplus city property for potential affordable housing (there is none)  Expedited permitting for affordable housing policy (will be on the October 10 th agenda for transparency purposes and confirmation 4. New Enterprise Resource Planning System Update The server, database, software, and training modules are now installed. Training is anticipated within the next 30 days. The final step will be for the current Finance and Building Departments’ data to be copied into the new system before going live. 5. FY24 Stormwater Assessment Utility Revenue Update Due to an obscure 1999 case law, the City did not properly notice property owners of the increase in stormwater assessment rate (a mailed notice to all property owners is required prior to the adoption of the stormwater rate and assessment roll). Hence, the City will only receive the $48 a year per equivalent residential unit revenue. Staff will prepare a budget amendment later in FY24 to remove the $56,760 in revenue and expenditures. C. Upcoming Events 6. Ad Hoc Tree Ordinance Committee Meeting 7:00 p.m., Wednesday, September 27th Council Chamber 7. Planning and Zoning Board Meeting 7:00 p.m., Wednesday, October 4th Council Chamber 8. Columbus Day Monday, October 9th Gleason Park placement of flags at 7:30 a.m. and retrieval at 5:00 p.m. Volunteers appreciated for placement and retrieval 9. City Council Meeting 7:00 p.m., Tuesday, October 10th 10. City Council Meeting 7:00 p.m., Tuesday, October 24th 2 City Council Agenda Item Public Hearing and Second Reading of Ordinance No. 2023-06, amending the Fiscal Year 2022-2023 Budget. Meeting Date: September 26, 2023 Attachments: Ordinance No. 2023-06 Staff Recommendation: Conduct the second public hearing and approve second reading of Ordinance No. 2023- 06, amending the Fiscal Year 2022-2023 Budget. Background Information: The following ordinances are on this agenda for second reading:  Ordinance No. 2023-06 for the Amendment of the FY 2022-2023 Budget  Ordinance No. 2023-07 for the adoption of the FY 2023-2024 millage rate  Ordinance No. 2023-08 for the adoption of the FY 2023-2024 Budget Florida Statutes Chapter 166.241(7)(c) states “If a budget amendment is required for a purpose not specifically authorized in paragraph (a) or paragraph (b), the budget amendment must be adopted in the same manner as the original budget unless otherwise specified in the municipality’s charter.” Hence, since the FY 2022-2023 Budget was adopted via Ordinance 2022-11, the City is required to amend the budget via an ordinance. Florida Statutes Chapter 166.241(8)(c) states “The governing body of each municipality at any time within a fiscal year or within 60 days following the end of the fiscal year may amend a budget for that year…” A summary of the amendments per fund is provided below. Detailed amendments are included in Ordinance No. 2023-06 as attached.  FY23 FY23 Adopted Amended Fund Budget Budget Change General 10,074,094 11,196,084 1,121,990 Impound 2,127 1,089 (1,038) Police Training 155 650 495 Stormwater Utility 254,500 220,373 (34,127) ARPA 2,965,000 645,636 (2,319,364) Total 13,295,876 12,063,832 (1,232,044) On September 12, 2023, the City Council approved Ordinance No. 2023-06 on first reading. Hence, staff recommends the City Council approve Ordinance No. 2023-06 on second reading. City Council Agenda Item Second Public Hearing on Ordinance No. 2023-07 for the Tentative Operating Millage Rate for Fiscal Year 2023-2024 Meeting Date: September 26, 2023 Attachments: Ordinance No. 2023-07 and millage rate overview presentation Staff Recommendation: Conduct the second public hearing on the tentative operating millage rate for Fiscal Year 2023-2024 and approval of second reading of Ordinance No. 2023-07. The City Council shall conduct the public hearing and second reading of Ordinance No. 2023-07 adopting the FY 2023-2024 millage rate prior to the public hearing and second reading of Ordinance No. 2023-08 that will adopt the FY 2023-2024 Annual Budget. Background Information: Two public hearings are required by state law to adopt a millage rate and budget by taxing authorities levying a millage rate. The first public hearing (tentative hearing) was advertised on the Notice of Proposed Property Taxes (TRIM Notice) mailed by the Property Appraiser and in the Florida Today newspaper. These notices reflect the first public hearing which was held on Tuesday, September 12, 2023. Two ordinances are on this agenda for second reading with respect to the adoption of the proposed FY 2023-2024 budget; one adopting the tentative millage rate for the operation of the City and one adopting the tentative budget. The tentative operating millage rate, 5.5449, is 8.50% above the rolled back rate (revenue neutral) of 5.1104 mils. This proposed tentative Operating Millage Rate yields $536,762 in additional net property tax revenue to fund recurring expenses. The proposed tentative millage rate is 0.0179 less than the FY 2022-2023 rate of 5.5628. The City Council adopted Ordinance No. 2023-07 on first reading on September 12, 2023. Staff recommends the City Council approve Ordinance No. 2023-07 on second reading tonight. City Council Agenda Item Second Public Hearing on Ordinance No. 2023-08, adopting the Fiscal Year 2023-2024 Annual Budget Meeting Date: September 26, 2023 Attachments: Ordinance No. 2023-08 and Proposed Budget overview presentation Staff Recommendation: Conduct the second public hearing on the Annual Operating and Capital Budget for Fiscal Year 2023-2024 and approval of first reading of Ordinance No. 2023-08. The City Council shall conduct the public hearing and second reading of Ordinance No. 2023-08 that will adopt the FY 2023-2024 Annual Budget after conducting the public hearing and second reading of Ordinance No. 2023-07 adopting the FY 2023-2024 millage rate. Background Information: Two public hearings are required by state law to adopt a millage rate and budget by taxing authorities levying a millage rate. The first public hearing (tentative hearing) was advertised on the Notice of Proposed Property Taxes (TRIM Notice) mailed by the Property Appraiser and in the Florida Today newspaper. These notices reflect the first public hearing that was held on Tuesday, September 12, 2023. A summary of the FY 2023-2024 All Funds Budget is provided on the following page.  All FUNDS OVERVIEW TOTAL REVENUE FY23 Adopted FY23 Amended FY23 Est. FY24 Adopted Fund Budget Budget Year-end Budget General Fund 10,074,094 11,196,084 10,993,062 14,846,741 Impound Fund 2,127 1,089 - 2,327 Police Training 155 650 320 225 Storm Water Utility 254,500 220,373 219,193 658,500 American Rescue Plan 2,965,000 645,636 1,012,313 2,961,300 TOTAL REVENUE 13,295,876 12,063,832 12,224,888 18,469,093 TOTAL EXPENSE FY23 Adopted FY23 Amended FY23 Est. FY24 Adopted Fund Budget Budget Year-end Budget General Fund 10,074,094 11,196,084 9,384,463 14,846,741 Impound Fund 2,127 1,089 2,166 2,327 Police Training 155 650 320 225 Storm Water Utility 254,500 220,373 226,000 658,500 American Rescue Plan 2,965,000 645,636 1,012,313 2,961,300 TOTAL EXPENSE 13,295,876 12,063,832 10,625,262 18,469,093 PROJECTED CHANGE IN FUND BALANCES FY23 Adopted FY23 Amended FY23 Est. FY24 Adopted Fund Budget Budget Year-end Budget General Fund - - 1,608,599 - Impound Fund - - (2,166) - Police Training - - - - Storm Water Utility - - (6,807) - American Recovery Plan - - - - TOTAL CHANGE - - 1,599,626 - Staff recommends City Council approve the second reading and adoption of Ordinance No. 2023-08. City Council Agenda Item Second Reading of Ordinance No. 2023-09 providing for the annual update to the City’s Capital Improvements Element of the Comprehensive Plan Meeting Date: September 26, 2023 Staff Recommendation: Aprove second reading of Ordinance No. 2023-09 updating the City’s Capital Improvements Element of the Comprehensive Plan. Background Information: Florida Statutes Section 163.3177(3)(b), requires the City’s Five Year Capital Improvement Program of the Capital Improvements Element (CIE) be updated annually. All local governments are required to include a Capital Improvements Element (CIE) in the Comprehensive Plan that considers the need for and location of public facilities and provides “a component that outlines principles for construction, extension, or increase in capacity of public facilities, as well as a component that outlines principles for correcting existing public facility deficiencies, which are necessary to implement the comprehensive plan.” The planning period for this element is five years. Included in this agenda is a copy of the draft ordinance and exhibit as provided by Mr. Jim LaRue, the City’s Planning and Zoning Consultant. The reader should note, the budgetary data contained within the exhibit was developed prior to staff developing the FY 24 (2023-2024) Proposed Budget. Therefore, some discrepancies are present between funding levels for planned projects and FY 24 proposed projects. The Planning and Zoning Board voted to recommend approval of Ordinance No. 2023- 09 with the following stipulations:  Confirmation that the exhibits were current and up to date.  That the Planning and Zoning Board be provided with the previous year's CIE in future years  That the CIE include more detail, including changes made from the previous year. The City Council approved Ordinance No. 2023-09 on first reading on September 12, 2023. Staff recommends the City Council approve Ordinance No. 2023-09 on second reading. City Council Agenda Item Award of Contract not to exceed $105,000.00 to Infrastructure Solution Services, LLC Engineering Services to design the City Hall Baffle Box Project (RFQ #2023-06) and subsequent engineering services. Meeting Date: September 26, 2023 Cost: $103,481.60 (FY24 Budget of $500,000.00 of which 50% is State appropriations) Attachments: Email from ISS and draft agreement (provided separately due to size) Staff Recommendation: Award of contract not to exceed $105,000.00 to Infrastructure Solution Services, LLC for engineering services to design the City Hall Baffle Box Project (RFQ #2023-06) and subsequent enginner support services. Background Information: In accordance with Florida Statute 287.055, "Consultants' Competitive Negotiation Act", the City invited, under RFQ #2023-06, advertised on July 27, 2023 and August 3, 2023, Florida licensed professional engineering Firms to present their qualifications to design the City Hall Baffle Box Project. A committee comprised of John W. Coffey, ICMA-CM, City Manager; Todd Scaldo, Fire Chief/Public Works Director, and David Wiles, Building Official was formed to review and evaluate the submittals received by the City. On August 28, 2023, the City received two Statement of Qualifications. The evaluation committee met on August 29, 2023 and September 7, 2023, and ranked the firms as follows: 288 Infrastructure Solution Services, LLC 283 Environmental Consulting & Technology, Inc (Maximum of 300 points) On September 26, 2023, the City Council confirmed the ranking of firms and authorized the City Manager to negotiate a contract with the highest ranked firm. Although the estimated total project cost (design, construction services, and construction) exceeds the FY24 Budget, staff does not anticipate completion of the project until FY25 at which time additional funding will be available. Therefore, staff recommends the City Council award a contract not to exceed $105,000.00 to Infrastructure Solution Services, LLC for engineering services to design the City Hall Baffle Box Project in addition to engineering support during the construction phase of the project. City Council Agenda Item Re-appointment of City of Indian Harbour Beach Planning and Zoning Board Members Meeting Date: September 26, 2023 Attachments: N/A Staff Recommendation: Re-appointment to the Planning and Zoning Board of Mr. Jose Fuenmayor and Mr. Dan Green as a voting member with terms expiring on September 30, 2026 and re- appointment of Ms. Veronica Selivanova as an alternate with a term expiring on September 30, 2024. Background Information: Enabling and governing language for the Planning and Zoning Board is located within the Charter and Appendix A of the Code of Ordinances. The Planning and Zoning Board has the following authorities and duties: A. To act in an advisory capacity to the City Council on questions relating to planning and zoning, to conduct investigations on matters concerning planning proposals or zoning changes, and to report its findings and recommendations on such proposals to the City Council. B. To recommend to the City Council such amendments to Appendix A of the Code of Ordinances as the board may deem proper, expedient or necessary to clarify or to carry into effect the purposes hereof. C. To hear applicants and submit recommendations to the City Council or the Zoning Board of Appeals with respect to the following: 1) Proposed change of the permitted use of any specifically designated property 2) Applications for conditional land use 3) Proposed amendments to the zoning ordinance 4) Proposed subdivision plats 5) Proposed site plans and other planning matters 6) Applications for special exceptions The Planning and Zoning Board shall consist of five voting members (three-year terms) and one alternate member (one-year terms) appointed by the City Council. The Brevard Public School Board appoints one non-voting member. The current membership of the IHB Planning and Zoning Board includes: Voting members: 1. Mr. Bruce Moia (term expires in 2025) 2. Ms. Sisi Packard (term expires in 2025) 3. Mr. Jose Fuenmayor (term expires in 2023) 4. Mr. Dan Green (term expires in 2023) 5. Mr. Scott Syring (term expires in 2024) Alternate member: 1. Ms. Veronica Selivanova (term expires in 2023) School Board Appointed non-voting member: 1. Vacant (Brevard Public Schools has not filled the expired term of Ms. Erin Schuck) Mr. Fuenmayor, Mr. Green, and Ms. Selivanova are willing to continue to serve on the Planning and Zoning Board. Staff recommends the City Council re-appoint Mr. Fuenmayor and Mr. Green as voting members to the Planning and Zoning Board for three-year terms expiring on September 30, 2026 and re-appoint Ms. Selivanova as an alternate member to the Planning and Zoning Board for a one-year term expiring on September 30, 2024.