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 City Council Meeting Minutes September 11, 2024 CALL TO ORDER Mayor Scott Nickle called the Regular City 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. ROLL CALL City Clerk Sue Frank called roll call. Mayor Scott Nickle - present Deputy Mayor Frank Guertin - present Council Member Adam Dyer - present Council Member Hamilton Boone - absent Council Member Shauna Hume - present City Manager John W. Coffey, ICMA-CM was also in attendance. EXCUSAL OF COUNCIL MEMBERS Motion made by Council Member Hume to excuse Council Member Boone from the meeting, seconded by Council Member Dyer - motion carried 4-0. ADDITIONS, DELETIONS OR CHANGES TO THE AGENDA, IF ANY NIA PRESENTATIONS/PROCLAMATIONS/INTRODUCTIONS Mayor Nickle issued a Patriot Day Proclamation. Mayor Nickle read and issued a Constitution Week Proclamation. Mayor Nickle read and issued a Suicide Prevention Month Proclamation. Regular Council Meeting Minutes September 11 , 2024, Page 2 APPROVAL OF MINUTES Motion made by Deputy Mayor Guertin to approve the September 3, 2024 Beach Parking Workshop minutes as presented, seconded by Council Member Oyer - motion carried 4-0. Motion made by Council Member Hume to approve the September 5, 2024 Audit Selection Committee Meeting minutes as presented, seconded by Deputy Mayor Guertin - motion carried 4-0. REPORTS City Manager's Report ACTION ITEMS Audit selection timeline adjustment The consensus of Council was to change the dates of the audit selection timeline to the following: • The Evaluation Committee meeting remained on October 22, 2024 at 6:00 p.m . • The ranking of the proposals was changed from the November 19, 2024 City Council Meeting to the Regular City Council meeting on October 22 , 2024. • The date to award the contract was changed from December 10, 2024 Regular City Council Meeting to the November 19, 2024 City Council meeting. INFORMATIONAL ITEMS • DEP ARPA Funded Stormwater projects update • Gleason Park Restroom Project update • New Fire Pumper Truck update • Sale of surplus vehicles update • Employee Recognition • Tentative Agenda Items for the Next City Council Meeting a. First reading of Ordinance 2024-03 to amend the noise ordinance b. Public hearing and second reading of Ordinance No. 2024-05 FY25 millage (property tax) rate c. Public hearing and second reading of Ordinance No. 2024-06 FY25 Budget d. First reading of Ordinance 2024-07 to amend the Police Pension Plan e. Resolution No. 757 establishing standards for measuring noise f. Resolution No. 759 Personnel Policies Manual update g. Police Pension Board appointments h. Planning and Zoning Board re-appointment (Syring) City Attorney's Report City Attorney Karl Bohne was excused . Regular Council Meeting Minutes September 11 , 2024, Page 3 Council Comments Deputy Mayor Guertin stated that he, Council Member Hume and City Manager Coffey attended the Space Coast League of Cities dinner. Council Member Hume stated that she had attended the Board of Directors meeting for the Space Coast League of Cities where they discussed the need for legislative priorities. Public Comments (Agenda Items Only) There were no comments from the public. UNFINISHED BUSINESS First reading of Ordinance No. 2024-03 - Revised Noise Ordinance Mayor Nickle read the title of Ordinance No. 2024-03. ORDINANCE NO. 2024-03 AN ORDINANCE OF THE CITY OF INDIAN HARBOUR BEACH, BREVARD COUNTY, FLORIDA AMENDING CHAPTER 8, ARTICLE II NOISE STANDARDS AND REGULATIONS; PROVIDING FOR SEVERABILITY, REPEAL, CODIFICATION AND AN EFFECTIVE DATE. Motion made by Council Member Hume to keep the first reading of Ordinance No. 2024-03 on the table until the September 23, 2024 meeting, seconded by Council Member Dyer - motion carried 4-0. NEW BUSINESS PUBLIC HEARING - First reading of Ordinance No. 2024-05 for the Operating Millage Rate for Fiscal Year 2024-2025 Mayor Nickle read the title of Ordinance No. 2024-05 and opened the public hearing. ORDINANCE NO. 2024-05 AN ORDINANCE ADOPTING A MILLAGE RATE FOR THE CITY OF INDIAN HARBOUR BEACH, FLORIDA FOR THE FISCAL YEAR 2024 - 2025; PROVIDING FOR AN EFFECTIVE DATE There being no speakers, the public hearing was closed. Motion made by Council Member Dyer to approve the first reading of Ordinance No. 2024-05 setting the operating millage rate for Fiscal Year 2024-2025, seconded by Deputy Mayor Guertin - Regular Council Meeting Minutes September 11 , 2024, Page 4 Motion amended by Council Member Dyer to include the operating millage rate of 5.5168, Deputy Mayor Guertin agreed with the amendment - The amended motion was to approve the first reading of Ordinance No. 2024-05 setting the operating millage rate for Fiscal Year 2024-2025 to 5.5168. Motion carried 4-0. PUBLIC HEARING - First reading of Ordinance No. 2024-06, adopting the Fiscal Year 2024-2025 Annual Budget Mayor Nickle read the title of Ordinance No. 2024-06 and opened the public hearing. ORDINANCE NO. 2024-06 AN ORDINANCE TO ESTABLISH AND ADOPT A BUDGET FOR THE FISCAL YEAR OCTOBER 1, 2024 THROUGH SEPTEMBER 30, 2025 There being no speakers, the public hearing was closed. Motion made by Council Member Hume to approve the first reading of Ordinance No. 2024- 06 adopting the Annual Operating and Capital Budget for Fiscal Year 2024-2025, seconded by Deputy Mayor Guertin - motion carried 4-0. Resolution No. 757: Increase fees in the Building and Recreation Departments and for vacation rental registration and renewal fees Mayor Nickle read the title of Resolution No. 757. RESOLUTION NO. 757 A RESOLUTION OF THE CITY OF INDIAN HARBOUR BEACH, BREVARD COUNTY, FLORIDA; INCREASING FEES FOR PERMITS ISSUED PURSUANT TO THE FLORIDA BUILDING CODE; INCREASING FEES FOR SERVICES PROVIDED BY THE RECREATION DEPARTMENT; INCREASING FEES FOR THE REGISTERING AND RENEWING OF REGISTRATION OF VACATION RENTALS; PROVIDING AN EFFECTIVE DATE Motion made by Deputy Mayor Guertin to adopt Resolution No. 757 increasing specific building, recreation and vacation rental fees, seconded by Council Member Dyer - motion carried 4-0. Renewal of liability, property, workers' compensation, public safety life, and executive travel insurance policies for Fiscal Year 25 (2024-2025) Mayor Nickle stated he had a conflict of interest and would not be voting on this item due to being a member of the Board of Directors for PGIT. (Note: Mayor Nickle submitted a Form 8B - Memorandum of voting conflict for County, Municipal, and other Local Public Officers to be filed with these meeting minutes.)  Regular Council Meeting Minutes September 11, 2024, Page 5 Motion made by Council Member Hume to authorize the City Manager to accept the Preferred Government Insurance Trust renewal bid for $435,226.55 for FY25's liability, property, workers' compensation, public safety life, and executive travel life insurance coverages, seconded by Deputy Mayor Guertin - motion carried 3-0. Resolution No. 758: Adopting the Fiscal Year 25 (2024-2025) Employee Pay and Classification Plan Motion made by Council Member Dyer to adopt Resolution No. 758 enacting the FY25 (2024- 2025) Employee Pay and Classification Plan, thereby establishing minimum and maximum pay rates for each position with an effective date of 9/30/2024, seconded by Deputy Mayor Guertin - motion carried 4-0. Establishment of the City Council's Legislative Priorities for 2025 Motion made by Deputy Mayor Guertin to table the discussion and establishment of the Council's legislative priorities for 2025 until the September 23, 2024 meeting, seconded by Council Member Dyer - motion carried 4-0. PUBLIC FORUM The following people spoke: Leonard Grammel, Marion Street Denise Lambert, Lancha Circle John Dunlevy, Lancha Circle ADJOURN Motion to adjourn at 7:51 p.m . was made by Deputy Mayor Guertin, seconded by Council Member Dyer - motion carried 4-0. .. -. ' Scott Nick le - -, Mayor J.\TTEST: . '. x ~iJ Sue Frank, MMC City C lerk  FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD , COUNCIL, COMMISSION , AUTHORITY, OR COMMITTEE Nickle, Scott City Council MAILING ADDRESS THE BOARD , COUNCIL, COMMISSION , AUTHORITY OR COMMITTEE ON 306 Salida Dr WHICH I SERVE IS A UNIT OF: CITY COUNTY Ii CITY □ COUNTY □ OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION : Indian Harbour Beach Brevard City of Indian Harbour Beach DATE ON WHICH VOTE OCCURRED MY POSITION IS : September 11, 2024 ~ ELECTIVE □ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position . For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S ., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband , wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction . IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN : • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B - EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7 .010(1 )(f), F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed . IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed . DISCLOSURE OF LOCAL OFFICER'S INTEREST l,_S_c_o_t_tN_ic_k_le_ _ _ _ _ _ _ _ _ _ _ _ _ , hereby disclose that on_S_e_p_t_e_m_b_e_r_1_1_ _ _ _ _ _ _ _ _ _, 20 _24_ (a) A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ inured to the special gain or loss of my relative,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ inured to the special gain or loss of Preferred Government Insurance Trust (PGIT) , by whom I am retained; or inured to the special gain or loss of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows : Renewal of various insurances for FY25 through Preferred Government Insurance Trust (PGIT). My conflict is that I am on the Board of Trustees of PGIT. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOTTO EXCEED $10,000. CE FORM 8B - EFF. 11/2013 PAGE2 Adopted by reference in Rule 34-7.010(1 )(f), F.A.C.