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 Agenda Tuesday, February 11, 2025 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 APPROVAL OF MINUTES 1. January 28, 2025, Regular Council Meeting minutes INTRODUCTIONS/PRESENTATIONS None REPORTS 2. City Manager’s Report City Attorney’s Report Council Comments Public Comments (Agenda Items Only) UNFINISHED BUSINESS None Regular Council Meeting Agenda Tuesday, February 11, 2025, Page 2 NEW BUSINESS 3. Resolution No. 761: Supporting a Public Records Exemption for City Clerk Elections Employees A Resolution of the City of Indian Harbour Beach, Brevard County, Florida urging the Florida State Legislature to enact legislation to provide a public records exemption for municipal clerks and employees who perform municipal elections work, or have any part in code enforcement functions of a city and providing for an effective date 4. Beach Clean-up Stations Proposal Consider approving Council Member Ruimy’s proposal for no-cost beach cleanup stations at the City’s Beach parks. 5. Alternative voting member to the Brevard Public Schools’ Capital Outlay and Educational Facilities Impact Fee Benefit District Advisory Committees Consider appointing a staff person as an alternative member to Capital Outlay Committee and Educational Facilities Impact Fee Benefit District Advisory Committee. 6. Interlocal Agreement between the City of Indian Harbour Beach and the Town of Melbourne Beach regarding automatic aid for fire protection and rescue services Consider authorizing the City Manager to execute the proposed interlocal agreement with the Town of Melbourne Beach. 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 AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS 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) Regular City Council Meeting January 28, 2025 CALL TO ORDER Mayor Scott Nickle called the meeting to order at 7:03 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 by phone Council Member Susan Ruimy – present City Manager John Coffey was also in attendance. Motion made by Deputy Mayor Guertin to allow Council Member Dyer to attend the meeting by phone, seconded by Council Member Ruimy – motion carried 4-0. EXCUSAL OF COUNCIL MEMBERS N/A ADDITIONS, DELETIONS OR CHANGES TO THE AGENDA, IF ANY N/A APPROVAL OF MINUTES The consensus of Council was to approve the January 14, 2025 Regular Council Meeting minutes as presented. Regular Council Meeting Minutes January 28, 2025 Page 2 INTRODUCTIONS/PRESENTATIONS Introduction – Public Works Director Todd Scaldo introduced Quincy Smith as the new Grounds Supervisor. Presentation – Tree Preservation Board Chairman Neil Yorio presented the City with the Tree City USA plaque. REPORTS City Manager’s Report ACTION ITEMS Proposed Advisory Board application The consensus of Council was to use the proposed Advisory Board Application going forward. INFORMATIONAL ITEMS • Selection of an elector to fill the unexpired vacant seat of Council Member Emeritus Boone update • Fire Station #56 Phone System upgrade savings • City Hall Stairways Emergency Lighting project update • Property and Liability Insurance update • Special general election to fill Representative Randy Fine’s Florida District #6 seat • Beach Re-nourishment update • Unplanned Stormwater Repair Project • Insurance Services Office (ISO) rating update • Gleason Park and Beach Parks Security Cameras project update • Algonquin Sports Complex Expansion project update • 2025 Legislative Session • Tentative Agenda Items for the Next Regular City Council Meeting a. Interlocal agreement with Satellite Beach regarding administrative work for the muck removal project b. Appointment of an alternate member to the Brevard Public Schools Capital Outlay and Educational Impact Committee. City Attorney’s Report City Attorney Karl Bohne was excused from the meeting. Regular Council Meeting Minutes January 28, 2025 Page 3 Council Comments Deputy Mayor Guertin was concerned about the sailboats that were damaged or have sunk in the Indian River Lagoon. Council Member Ruimy asked if the approved Board Member application would be on our website. She also stated that she had attended the Satellite Beach Arbor Day celebration, the 60th celebration at Ocean Breeze and a meeting with Waste Management. She also stated that she would like the City to create a Communications Manager position. Council Member Dyer thanked Council for allowing him to participate in the meeting remotely and stated that he would be back in town next week. He also stated that he was appointed to the Indian River Lagoon National Estuary Program for the Space Coast League of Cities. Public Comments (Agenda Items Only) There were no comments from the public. UNFINISHED BUSINESS Acceptance of Resignation and Appointments of Voting Members to the Tree Preservation Board Motion made by Council Member Ruimy to accept Patricia Ferguson’s resignation from the Tree Preservation Board, seconded by Deputy Mayor Guertin – motion carried 4-0. Motion made by Council Member Ruimy to remove from the table the appointment of residents to the vacant voting member positions for the unexpired term ending on March 11, 2025 and March 11, 2026, seconded by Deputy Mayor Guertin – motion carried 4-0. Motion made by Council Member Ruimy to appoint Leigh McElroy as a voting member to the Tree Preservation Board with a term ending March 11, 2025, seconded by Council Member Dyer – motion carried 3-1 with Deputy Mayor Guertin opposing. Motion made by Council Member Ruimy to appoint Paul Oliveri as a voting member to the Tree Preservation Board with a term ending March 11, 2026, seconded by Council Member Dyer – motion carried 3-1 with Deputy Mayor Guertin opposing. NEW BUSINESS Tree Preservation Board’s Arbor Day Celebration funding request Motion made by Council Member Ruimy to approve the request from the Tree Preservation Board for a budget not to exceed $1,200.00 for the 3rd Annual Arbor Day celebration, seconded by Deputy Mayor Guertin – motion carried 4-0. Council Member Dyer suggested planting a Lignum Vitae tree for the Arbor Day celebration. Regular Council Meeting Minutes January 28, 2025 Page 4 PUBLIC FORUM There were no speakers from the public. ADJOURN Motion made by Deputy Mayor Guertin to adjourn the meeting at 7:37 p.m., seconded by Council Member Ruimy – motion carried 4-0. X Scott Nickle Mayor ATTEST: X Sue Frank, MMC City Clerk  Revised CITY MANAGER’S REPORT: February 11, 2025 (new or updated information is underlined) A. ACTION ITEMS 1. Fire Department Grant award The City recently received notice award of a Brevard County grant in the amount of $6,240.30 through the Emergency Medical Services Trust Fund for emergency medical services training and supplies. Staff requests authorization from the City Council to accept the grant award. The proposed grant agreement is attached. Additionally, Chief Lewis is pursuing additional state granting to further off-set the City’s operating costs. B. INFORMATIONAL ITEMS 2. Selection of an elector to fill the unexpired vacant seat of Council Member Emeritus Boone update As of February 06, 2025, staff has received resumes from the following individuals:  David Nutt, 105 Anona Place  Katie Brochu, 2065 Highway A1A, Unit 1402 The deadline to submit resumes is 4:00 pm, Friday, February 14, 2025. 3. Non-resident paid parking at Beach Parks update Staff continues to work through the implementation of the program with the start of the program scheduled for March 31, 2025. Warnings will be issued for non- compliance the first two weeks before citations are issued. Beginning February 24, 2025, residents will be able to register their vehicles online or at the PCI office at 476 Highway A1A, Suite 1B, Satellite Beach, FL 32937…. Staff will be posting the beach parks in the near future with notices of the start date. Additionally, the Police Department will work with the parking vendor to hold two pop- up events at the beach parks where residents can learn more about the program and register their vehicles. 4. Police Department Boat Usage Report As requested on January 28, 2024, by Deputy Mayor Guertin, the report is attached. 5. Gleason Park Restroom project update The pre-delivery site visit went well on Monday, February 10th. The Building is scheduled for delivery Tuesday February 18th. Remaining work will be site restoration and utility connections. February 11, 2025, City Manager’s Report Regular City Council Meeting 6. 2025 Legislative Session The key dates of the upcoming Legislative Session include:  January 24, 2025 — All requests for drafts of general bills, memorials, and joint resolutions, including requests for companion bills must be submitted  February 28, 2025 — All drafts of general bills, memorials, and joint resolutions, including drafts for companion bills, must be approved to file in final form  March 4, 2025 Regular Session convenes (Article III, section 3(b), State Constitution)  April 22, 2025 - 50th day – Last day for regularly scheduled committee meetings  May 2, 2025 - 60th day – Last day of Regular Session (Article III, section 3(d), State Constitution) The traditional IHB legislative tracker is attached and will be provided at each Council meeting through final signing decisions by Governor DeSantis. The special session called by the Governor was gaveled in on Saturday January 25th and gaveled out the same day. The House and Senate then gaveled in a second special session to address illegal immigration. CS/SB 2B was adopted and sent to Governor DeSantis for his signature or veto. The key provisions of the bill include:  Appropriates a record $500 Million to ensure state and local law enforcement have the resources they need to arrest, detain, and deport unauthorized aliens.  Requires an automatic death penalty for any unauthorized alien who commits murder.  Raises the criminal penalty classification for all crimes committed by unauthorized aliens.  Creates real ID requirements in Florida IDs.  Expands ICE beds at secure detainment facilities.  Imposes felony charges for unauthorized aliens who vote in our elections.  Allows RICO charges to be brought against any group who helps unauthorized aliens vote illegally.  Changes references in Florida statute from “noncitizen” to “unauthorized alien”.  Ensures judges have information about a defendant’s immigration status that can be used to deny bail for unauthorized aliens.  Creates strategies to share intelligence and support ICE in targeting transnational gangs.  Ends in-state tuition for unauthorized aliens. The House and Senate have called for Special Session C, beginning at noon on Tuesday, February 11, and ending at noon on Friday, February 14, for the exclusive purpose of passing legislation to combat illegal immigration. 2 February 11, 2025, City Manager’s Report Regular City Council Meeting 7. Employee Recognition a. Public Works Crew Leader Eric Larson Public Works Director Scaldo received the following email from a resident: Hello Todd, Several days ago one of your workers (Eric) was inspecting the sprinkler pump at Harbour Isles. I live in that community and asked Eric if he could point the sprinklers away from the entrance sign. Today he stopped by our home and informed my wife that he was able to redirect the sprinklers. I am very impressed with his courteous and professional service. Eric exemplifies why I love living in Indian Harbour Beach. We respect each other and promote that family feeling. Eric is a credit to the IHB Public Works department and worthy of recognition. Please thank Eric for going above and beyond. b. Police Department Sgt. Barberi and Officer Denis The Police Department received a telephone thank you from a resident that was forwarded to Chief Butler: …relay the message about how great Denis was, and you as well. He said “tell the two officers, especially the sergeant who was the most professional law enforcement guys I have ran across in the long time, he was so squared away, and the young student he was teaching is pretty sharp too” c. Building Department Administrative Assistant Maria Lalonde and City Clerk’s Office Administrative Assistant Nikki Gold Building Official David Wiles received the following email from a contractor: Mr. Wiles, Hi, I am an electrical contractor here in Florida. I recently applied for an electrical permit through your building department. I am a small company and do just about everything myself, from estimates, invoicing and billing, accounting, and doing the work out in the field. One of my tasks is also to apply and get the necessary permits for the jobs. Each municipality has their own systems and requirements, and sometimes I don't navigate these systems on the computer very well. When I applied for my permit recently through your department, I ran into a few obstacles, and reached out by phone to inquire about the procedure. I was helped by Maria and Nikki, who were so courteous and willing to help. With their help, the permit application, and process was completed in the most timely manner I've ever experienced. Your department is a cut above, and your staff is invaluable. Thank you 3 February 11, 2025, City Manager’s Report Regular City Council Meeting 8. Updated Marquee Sign at Gleason Park The marquee sign update was recently completed as illustrated to the right. C. Tentative Agenda Items for the Next Regular City Council Meeting 9. The following items are currently planned for the February 25th City Council Meeting (items requested by a Council Member are indicated in parentheses) a. Selection of an elector to fill Council Member Emeritus Boone’s unexpired term (seat #2) on the City Council b. Confirmation of staff’s administrative approval of a change order for the FY24 Oars & Paddles playground replacement project c. Irish American Heritage Month proclamation D. Upcoming Events 10. Presidents' Day (Offices closed) Monday, February 17th USA flags display in Gleason Park 11. Tree Preservation Board 7:00 p.m., Wednesday, February 19th Council Chamber 12. Volunteer Fire Fighters Corporation’s Small Business Expo 1:00-4:00 pm, Saturday, February 22nd Recreation Center 13. City Council Meeting 7:00 p.m., Tuesday, February 25th Council Chamber 14. City Council FY26 Budget Kick-off Workshop 6:00 p.m., Tuesday, March 4th Council Chamber 15. City Council Meeting 7:00 p.m., Tuesday, March 11th Council Chamber 16. Tree Preservation Board 7:00 p.m., Wednesday, March 19th 4 February 11, 2025, City Manager’s Report Regular City Council Meeting Council Chamber 17. City Council Meeting 7:00 p.m., Tuesday, March 25th Council Chamber 18. 3rd Annual Arbor Day Celebration 10:00 a.m.-1:00 p.m., Saturday, April 5th Gleason Park 19. City Council Meeting 7:00 p.m., Tuesday, April 8th Council Chamber 20. Tree Preservation Board 7:00 p.m., Wednesday, April 16th Council Chamber 21. Preliminary FY26-30 Five-Year Financial Model and Capital Improvement Plan City Council review workshop 5:30 p.m., Tuesday, April 22nd Council Chamber 22. City Council Meeting 7:00 p.m., Tuesday, April 22nd Council Chamber 5  INDIAN HARBOUR BEACH POLICE DEPARTMENT INTERNAL MEMORANDUM TO: City Manager John Coffey FROM: Chief David Butler DATE: February 4, 2025 RE: Boat Activity Councilmember Frank Guertin requested information about the IHBPD Patrol Boat Activity. The following is a report outlining this activity. There has been minimal patrol boat usage during the past 6 months. The boat has been used 4 times during this time period, all self-initiated activity, as there has been no calls for service that required the use of the boat. The main reason for the minimal use is staffing. The police department has been short-staffed, as we have been concentrating our efforts on officer field training. As staffing increases, the use of the patrol boat will increase. The patrol boat is currently out of the water as Marina Isle HOA completes repair work on their dock. As a reminder, our patrol boat is stored at Marina Isle, at a boat slip that was donated to the City of Indian Harbour Beach to store the police boat by the Maguire Family. The dock should be repaired by March 1, 2025. To my knowledge, there have been no reported “derelict boats” in the Indian Harbour Beach waterways. If there are any questions, please don’t hesitate to ask.  2025 Florida Legislative Tracking File Bill Number(s) Sponsor Title Description/Impact Status HB 11: 06Jan25 Now in Economic Requires municipality to charge consumers receiving its utility services in another Infrastructure Subcommittee HB 11 Robinson, F. (D) Municipal Water and Sewer municipality same rates, fees, & charges as it charges consumers within its own SB 202: 29Jan25 Referred to Regulated SB 202 Jones (D) Utility Rates municipal boundaries. Industries; Community Affairs; Rules HB 15: 006Jan25 Now in Criminal Justice Subcommittee Provides requirements for storage of handguns in private conveyances & vessels; SB 190: 24Jan25 Referred to Criminal Justice; HB 15 Hinson (D) Storage of Handguns in Private requires law enforcement agencies to engage in specified promotional campaign; Community Affairs; Fiscal Policy SB 190 Rouson (D) Conveyances and Vessels requires counties to adopt specified ordinances concerning parents of children SB 186: 24Jan25: Referred to Criminal Justice; SB 186 Berman (D) and related bills who have been found to have stolen handgun from conveyances or vessels. Judiciary; Rules Prohibits carrying of concealed handgun or unconcealed firearm without license & possession of such handgun or firearm without valid identification; repeals provisions relating to arrests without warrant & exemption from licensing requirements for law enforcement officers; allows open carrying of any otherwise legal firearm or electric weapon or device; revises list of places into which person may not carry handgun or concealed weapon or concealed firearm; provides exceptions; deletes provisions relating to open carry, collection of fees for licenses to carry concealed weapons or concealed firearms, allowing school districts to restrict possession of firearm in vehicle, exceptions to statutory Carrying and Possession of protections of right to keep & bear arms in motor vehicles; revises definition of HB 31: 02JAn25 withdrawn prior to HB 31 Rudman (R ) Weapons and Firearms “bump-fire stock”; repeals provisions for risk protection orders. introduction Reclassifying the offense of driving, moving, or causing to be moved a vehicle or equipment with certain lighting on a highway as a third degree felony; reclassifying the offense of interfering with the legibility, angular visibility, or detectability of any feature or detail on a license plate or interfering with the SB 44: 15Jan25 Referred to Transportation; SB 44 Rodriguez (R ) Motor Vehicles ability to record any feature on a license plate as a third degree felony, etc. Criminal Justice; Rules Provided to the Indian Harbour Beach City Council 1 of 7 2/10/2025 1:43 PM  2025 Florida Legislative Tracking File Bill Number(s) Sponsor Title Description/Impact Status Requiring the Department of Highway Safety and Motor Vehicles to issue original, renewal, or replacement identification cards with a lifetime boating safety identification card symbol to applicants if certain conditions are met; providing increased criminal penalties for the reckless operation of a vessel which causes Garcia (R ) serious bodily injury to another; revising the conditions that compose the offense Oliver (R ), of, and penalties for, boating under the influence (BUI); revising the definition of Lopez, V. (R ), the term “vessel homicide” to include the killing of an unborn child by causing SB 58: 15Jan25 Referred to Criminal Justice; SB 58 Gossett-Seidman injury to the mother by operation of a vessel in a reckless manner under certain Transportation; Fiscal Policy HB 289 (R ) Boating Safety circumstances, etc. HB 289: 29Jan25 filed Requiring the Department of Agriculture and Consumer Services, subject to the appropriation of funds by the Legislature, to establish and operate a program to provide universal free school breakfast and lunch meals to all public school students; deleting provisions requiring school districts to implement and charge SB 74: 15Jan25 Referred to Agriculture; students for a breakfast program; deleting provisions requiring only certain Appropriations Committee on Agriculture, school districts to implement a universal free school breakfast program and Environment, and General Government; Fiscal encouraging districts to provide free breakfast meals; authorizing school districts Policy SB 74 Berman (D) Universal Free School Breakfast to operate free school meal programs using offsite food preparation locations, HB 119: 15Jan25 Now in Education HB 119 Edmonds (D) and Lunch Program etc Administration Subcommittee Transfers duties related to bacteriological sampling of beach waters & public HB 73: 15Jan25 Now in Natural Resources & bathing places from DOH to DEP; provides requirements for such transfer; revises Disasters Subcommittee provisions related to bacteriological sampling of beach waters & public bathing SB 156: 24Jan25 Referred to Health Policy; Gossett-Seidman places, including rule adoption & enforcement; issuance of health advisories; Appropriations Committee on Agriculture, HB 73 (R ) closure of beach waters & public bathing places; notification & signage Environment, and General Government; Fiscal SB 156 Rodriguez (R ) Safe Waterways Act requirements; & public statewide interagency database. Policy Prohibits public employer from taking adverse personnel action against employee or job applicant for his or her use of medical marijuana if employee or job applicant is qualified patient; provides exceptions; requires public employer HB 83: 15Jan25 Now in Government to provide written notice of employee's or job applicant's right to explain or Operations Subcommittee Protections for Public contest positive marijuana test result within specified timeframe; provides SB 142: 24Jan25 Referred to Health Policy; HB 83 Rosenwald (D) Employees who use Medical procedures that apply when employee or job applicant tests positive for Governmental Oversight and Accountability; SB 142 Polsky (D) Marijuana as Qualified Patients marijuana; provides cause of action & damages. Rules Provided to the Indian Harbour Beach City Council 2 of 7 2/10/2025 1:43 PM  2025 Florida Legislative Tracking File Bill Number(s) Sponsor Title Description/Impact Status HB 87: 15Jan25 Now in Government Operations Subcommittee SB 66: 15Jan25 Referred to Community HB 87 Casello (D) Revising the definition of the term “cancer” to include acute myeloid leukemia for Affairs; Governmental Oversight and SB 66 Garcia (R ) Firefighter Benefits the purpose of expanding cancer treatment benefits, etc. Accountability; Appropriations Authorizing a utility terrain vehicle (UTV) to be operated during all hours; authorizing the operation of UTVs on certain parts of the State Highway System; authorizing the Department of Transportation to prohibit the use of UTVs under SB 88: 15Jan25 Referred to Transportation; certain circumstances; requiring the Department of Highway Safety and Motor Appropriations Committee on Transportation, SB 88 Wright (R ) Vehicles to issue a license plate to the owner or lessee of a vehicle registered as a Tourism, and Economic Development; Rules HB 221 Gentry (R ) Utility Terrain Vehicles UTV upon payment of certain taxes and fees, etc. HB 221: 24Jan25 filed Requires swimming pools located on residential real property that is transferred or sold on or after specified date to meet certain pool safety & pool barrier Residential Swimming Pool requirements; requires certain persons to report violations of law to local law HB 93: 15Jan25 Now in Industries & HB 93 Lopez (R ) Requirements enforcement agency. Professional Activities Subcommittee Defining the term “governmental entity”; prohibiting governmental entities from erecting or displaying certain flags; requiring governmental entities to remain neutral in certain circumstances; authorizing a current or retired member of the SB 100: 03Feb25 On Committee agenda-- Fine (R ) United States Armed Forces or the National Guard to use reasonable force to Governmental Oversight and Accountability SB 100 Borrero (R ) and Display of Flags by prevent the desecration, destruction, or removal of the United States flag or to HB 75: 15Jan25 Now in Intergovernmental HB 75 Jacques (R ) Governmental Entities replace such flag to a position of prominence, etc. Affairs Subcommittee Revises law enforcement vehicle marking requirements for specified offenses; HB 113: 05Feb25 Added to Criminal Justice HB 113 Chamberlin (R ) Fleeing or Attempting to Elude a provides mandatory minimum classification of certain offenses; reclassifies Subcommittee agenda SB 468 Collins (R ) Law Enforcement Officer offenses. SB 468: 04Feb25 filed Revises provisions concerning assault or battery upon specified officers; provides for enhanced punishment for additional offenses when committed against HB 175: 22Jan25 Now in Criminal Justice Criminal Offenses Against Law specified officers; revises prohibition on use or threatened use of force to resist Subcommittee HB 175 Baker (R ) Enforcement Officers and Other arrest or detention; revises provision concerning resisting, obstructing, or SB 234: 03Feb25 On Committee agenda-- SB 234 Leek (R ) Personnel opposing specified officers. Criminal Justice Provided to the Indian Harbour Beach City Council 3 of 7 2/10/2025 1:43 PM  2025 Florida Legislative Tracking File Bill Number(s) Sponsor Title Description/Impact Status Requiring, rather than authorizing, a local government to adopt an ordinance to allow accessory dwelling units in certain areas; requiring the Florida Housing SB 184: 24Jan25 Referred to Community Finance Corporation to establish a model program that uses mezzanine finance Affairs; Appropriations Committee on for a certain purpose; authorizing a local government to provide a density bonus Transportation, Tourism, and Economic SB 184 Gaetz (D) incentive to landowners who make certain real property donations to assist in the Development; Rules HB 247 Conerly (R ) Affordable Housing provision of affordable housing for military families, etc. HB 247: 24Jan25 filed Authorizes certain private businesses to participate in program to annually report HB 189: 22Jan25 Now in Natural Resources & amount of materials they recycle, using specified form; requires DEP to develop Disasters Subcommittee HB 189 Hart (D) comprehensive waste reduction & recycling plan by specified date, based on HB 295: 29Jan25 filed HB 295 Casello (D) Comprehensive Waste certain department recommendations; specifies minimum requirements for SB 200: 03Feb25 On Committee agenda-- SB 200 Berman (D) Reduction and Recycling Plan comprehensive plan; requires department to publish report. Environment and Natural Resources Replacing the term “tax assessor” with the term “property appraiser”; revising the definitions of the terms “ad valorem tax” and “assessed value of property”; prohibiting the levy of non-ad valorem assessments on agricultural lands under certain circumstances; specifying that non-ad valorem assessments may become delinquent and bear penalties in the same manner as county taxes; authorizing SB 192: 24Jan25 Referred to Community SB 192 Gruters (R ) Revenue Administration non-ad valorem assessments to be levied to pay certain bonds issued, etc. Affairs; Finance and Tax; Appropriations Authorizes property owner or agent to request sheriff in county in which owner's commercial real property is located to immediately remove persons unlawfully occupying commercial real property; requires owners or agents to submit specified completed & verified complaint; authorizes sheriff to arrest HB 213: 30Jan25 Now in Civil Justice & Claims Gossett-Seidman unauthorized person for legal cause; prohibits unlawfully detaining, or occupying Subcommittee HB 213 (R ) Unlawful Actions Concerning or trespassing upon, commercial real property; prohibits certain listing or SB322: 03Feb25 Referred to Judiciary; SB 322 Rodriguez (R ) Real Property advertising for sale, or renting or leasing, real property. Criminal Justice; Rules Provided to the Indian Harbour Beach City Council 4 of 7 2/10/2025 1:43 PM  2025 Florida Legislative Tracking File Bill Number(s) Sponsor Title Description/Impact Status Authorizes utility terrain vehicle (UTV) to be operated during all hours; authorizes operation of UTVs on certain roadways; authorizes operation of UTVs on certain parts of State Highway System; authorizes DOT to prohibit use of UTVs; authorizes persons possessing certain licenses to operate UTV; requires owners or operators of UTV to comply with certain requirements & regulations; authorizes county or municipality to restrict operation of UTVs; provides civil HB 221: 24Jan25 filed penalties; requires DHSMV to issue license plate to owner or lessee of vehicle SB 88: 15Jan25 Referred to Transportation; HB 221 Gentry (R ) registered as UTV upon payment of certain taxes & fees; requires that license Appropriations Committee on Transportation, SB 88 Wright (R ) Utility Terrain Vehicles plates for UTVs comply with specified provisions. Tourism, and Economic Development Revising the definition of the terms “smoking” and “vape” or “vaping”; SB 226: 29Jan25 Referred to Regulated prohibiting smoking in public places in this state, with exceptions; revising Industries; Appropriations Committee on requirements for customs smoking rooms to prohibit smoking and vaping of Agriculture, Environment, and General SB 226 Gruters (R ) Smoking in public places marijuana products at any time, etc. Government; Rules Requires, rather than authorizes, local government to adopt ordinance to allow accessory dwelling units in certain areas; prohibits such ordinance from increasing parking requirements; requires Florida Housing Finance Corporation to HB 247: 24Jan25 filed establish model program that uses mezzanine finance for certain purpose; SB 184: 24Jan25 Referred to Community requires corporation to consult with specified entity; authorizes local government Affairs; Appropriations Committee on HB 247 Conerly (R ) to provide density bonus incentive to landowners who make certain real property Transportation, Tourism, and Economic SB 184 Gaetz (R ) Affordable Housing donations to assist in provision of affordable housing for military families. Development; Rules Providing exemptions from public records requirements for the partial home addresses and telephone numbers of current public officers, their spouses, and their adult children, and the names, home addresses, telephone numbers, dates of birth of, and the names and locations of schools and day care facilities attended by, the minor children of such officers; providing for the future SB 268: 29Jan25 Referred to Governmental legislative review and repeal of the exemptions; providing for retroactive Oversight and Accountability; Community SB 268 Jones (D) Public Records/Public Officers application of the exemptions; providing a statement of public necessity, etc. Affairs; Rules Provided to the Indian Harbour Beach City Council 5 of 7 2/10/2025 1:43 PM  2025 Florida Legislative Tracking File Bill Number(s) Sponsor Title Description/Impact Status Defines "personal mobility device"; requires that certain batteries be certified as meeting specified ingress protection standard; requires manufacturers, distributors, or operators of personal mobility device to provide proof of such battery certification in certain circumstances; requires DHSMV to coordinate with local governmental entities for compliance purposes; authorizes department to take certain enforcement actions; prohibits sale, shipment, operation, or charging HB 291 Blanco (R ) Personal Mobility Device of certain personal mobility devices; provides for forfeiture of noncompliant HB 291: 29Jan25 filed SB 410 Rodriguez (R ) Battery Safety Standards personal mobility devices; provides civil penalties. SB 410: 30Jan25 filed Increases statutory limits on liability for tort claims against state & its agencies & subdivisions; authorizes subdivision to settle claim in excess of statutory limit without legislative action regardless of insurance coverage limits; prohibits insurance policy from conditioning benefits on enactment of claim bill; specifies that limitations in effect on date claim accrues apply to that claim; revises period within which certain claims must be presented; revises exceptions relating to instituting tort claims against state or agencies or subdivisions; revises period after which failure of certain entities to make final disposition of claim shall be deemed final denial of claim for certain purposes; revises statute of limitations HB 301 McFarlane (R ) Suits Against the Government for tort claims against state or one of its agencies or subdivisions & exceptions. HB 301: 29Jan25 filed Prohibiting agencies and independent contractors from taking specified actions against employees for disclosing certain information to the Commission on Ethics; providing that specified provisions protect employees and persons who submit written complaints to the commission or provide information to an investigator during an investigation of a complaint; authorizing certain employees or applicants for employment to file complaints in accordance with specified SB 352: 03Feb25 Referred to Governmental provisions; providing requirements for administrative procedures created by local Oversight and Accountability; Ethics and SB 352 Gaetz (R ) Employee Protections governmental authorities, etc. Elections; Rules HJR 357 Proposes amendment to State Constitution to create $100,000 exemption from HJR 357: 03Feb25 filed HB 359 Chamberlin (R ) Property Tax Exemptions assessed value of real property for all levies. HB 359: 03Feb25 filed Issuance of Address and Individual Parcel Identification Requires appropriate governing body to issue within specified time after HB 381 Holcomb Numbers - 2025 recording of plat certain information; provides penalty. HB 381: 04Feb25 filed Provided to the Indian Harbour Beach City Council 6 of 7 2/10/2025 1:43 PM  2025 Florida Legislative Tracking File Bill Number(s) Sponsor Title Description/Impact Status Authorizes counties & municipalities, respectively, to zone or designate parcel for single-family residential use or single-family hybrid housing use; authorizes counties & municipalities, respectively, to allow use of land for single-family Residential Land Use residential use, while prohibiting use of land for single-family hybrid housing use; HB 401 Jacques (R ) Development Regulations - 2025 provides for adoption of local land development regulations. HB 401: 05Feb25 Authorizes board of county commissioners & municipal governing body, respectively, to adopt ordinance for transitional housing; establishes eligibility & ordinance requirements; authorizes Florida Housing Finance Corporation to provide technical assistance to counties & municipalities; creates Adaptive Reuse Public-Private Partnership Council to facilitate & oversee development of adaptive reuse projects; requires council to monitor & perform project evaluations on regular basis; prohibits members of council from receiving compensation; authorizes reimbursement for travel expenses for certain members; requires council to report specified information to Governor & HB 409 Caruso (R ) Adaptive Reuse of Land - 2025 Legislature by specified date each year. HB 409: 05Feb25 filed Authorizing property located on a barrier island which allows for residential development on or after a specified date to be developed or redeveloped for residential use at the highest density allowed on or after that specified date, SB 452 Sharief (D) Restrictions on Redevelopment regardless of any land use, zoning, or policies to the contrary, etc. SB 452: 04Feb25 filed Provided to the Indian Harbour Beach City Council 7 of 7 2/10/2025 1:43 PM City Council Agenda Item Resolution No. 761: Supporting a Public Records Exemption for Municipal Clerks and Election Employees Meeting Date: February 11, 2025 Cost: N/A Attachments: Resolution No. 761 Staff Recommendation: Consider adopting Resolution No. 761 in support of a public records exemption for municipal clerks and employees who perform municipal elections work. Background Information: Many municipal staff who perform duties that include, or result in, investigations into complaints regarding election fraud, legal enforcement of hearings related to neglect or abuse, or other activities that could lead to a criminal prosecution are exposed to threats and other acts of violence. Municipal Clerks often administer elections. Some election employees have been targeted for threats and violence due to the nature of materials they are responsible for. Further, clerks are often involved in legal enforcement proceedings in actions related to violations of codes and ordinances. Occasionally, these proceedings have led to retaliation and threats by defendants. There are currently 27 public records exemptions for specific roles, one of which applies to Code Enforcement Officers. Code Officers are covered by the exemption, but not Municipal Clerks. Municipal Clerks and employees who perform work related to municipal elections should be included as part of the public record exemption. Hence, staff requests that the City Council adopt Resolution No. 761 in support of exempting from public records Municipal Clerks and employees who perform municipal elections.  Resolution No. 761 A Resolution of the City of Indian Harbour Beach, Brevard County, Florida urging the Florida State Legislature to enact legislation to provide a public records exemption for municipal clerks and employees who perform municipal elections work, or have any part in code enforcement functions of a city and providing for an effective date Whereas, many municipal staff who perform duties that include, or result in, investigations into complaints regarding election fraud, legal enforcement of hearings that could lead to a criminal prosecution or code enforcement actions are exposed to threats and other acts of violence; and Whereas, municipal clerks often administer elections and some election workers have been targeted for threats and violence due to the nature of materials they are responsible for Whereas, municipal clerks are often involved in legal enforcement proceedings in actions related to violations of codes and ordinances and, occasionally, these proceedings have led to retaliation and threats by defendants; and Whereas, currently public records exemptions in Florida include those for local personnel who either investigate, enforce or otherwise provide a service that can result in contentious interactions when action is taken and municipal clerks and their staffs fall within the need for a window for greater protection; and Whereas, the Florida Association of City Clerks is very concerned for the safety and well-being of the municipal clerks and their staffs who serve the public on a daily basis and are, oftentimes, the first contact of citizens with cities; and Whereas, the City of Indian Harbour Beach has complied with all requirements and procedures of Florida law in processing and adopting this Resolution. Now, Therefore, be it Resolved by the City Council of the City of Indian Harbour Beach, Brevard County, Florida as follows: (1). The City Council of the City of Indian Harbour Beach, Brevard County, Florida hereby adopts the recitals set forth in this Resolution (whereas clauses) as the legislative findings of the City Council of the City of Indian Harbour Beach. Resolution No. 761 – Public Records exemption for municipal clerks Page 2 (2). The Mayor and City Council of the City of Indian Harbour Beach, Florida, hereby urges and encourages the Florida State Legislature to enact legislation to provide a public records exemption for municipal clerks and employees who perform municipal elections work or have any part in code enforcement functions of a municipality. (3). The City Clerk is hereby directed and authorized to send a certified copy of this Resolution to Governor Ron DeSantis, Senator Randy Fine and Representative Debbie Mayfield, the Space Coast League of Cities, and the Florida League of Cities (FLC). (4). This Resolution shall take effect immediately upon its adoption. Passed and Adopted this _______ [enter day] of February, 2025. X Scott Nickle Mayor Attest: X Sue Frank, MMC City Clerk Approved as to form and legal sufficiency. X Karl H. Bohne, Jr City Attorney 2|Page City Council Agenda Item Beach Cleanup Stations Proposal Meeting Date: February 11, 2025 Attachments: Pictures of sample cleanup stations Staff Recommendation: Consider approving Council Member Ruimy’s proposal for no-cost beach cleanup stations at the City’s Beach parks. Background Information: In an effort to aid residents and visitors who desire to help keep our beaches clean, Council Member Ruimy requested this item be placed on the agenda for consideration. Conceptually, the proposal includes donations of materials and labor to construct the stations. The City’s involvement would be limited to signage and securing the structure at each beach park. If approved by the City Council, staff will schedule beach cleanup events to be able to officially unveil the stations and have a ribbon cutting ceremony. Staff recommends the City Council approve Council Member Ruimy’s proposal for installation of donated beach cleaning station at each beach park on a 12-month trial basis. City Council Agenda Item Alternative voting member to the Brevard Public Schools’ Capital Outlay and Educational Facilities Impact Fee Benefit District Advisory Committees Meeting Date: February 11, 2025 Attachments: May 24, 2022, City Council agenda memo Staff Recommendation: Consider appointing a staff person as an alternative member to the Capital Outlay Committee and Educational Facilities Impact Fee Benefit District Advisory Committee. Background Information: On May 24, 2022, the City Council appointed then City Manager Designate Coffey, ICMA- CM, to the voting membership on the Brevard Public Schools’ Capital Outlay Committee and Educational Facilities Impact Fee Benefit District Advisory Committee. At the respective committee meetings on January 27, 2025, Brevard Public Schools representatives requested committee member cities without a designated alternate member appoint a person to serve in that capacity to ensure all municipalities are represented at future quarterly meetings. Of note, City Manager Coffey, ICMA-CM, has not missed any committee meetings since joining the City in 2022 and is the current Chairman of the Capital Outlay Committee. Hence, staff recommends the City Council appoint Management Analyst Covert as the City’s alternative member to Capital Outlay Committee and Educational Facilities Impact Fee Benefit District Advisory Committee. City Council Agenda Item Appointment of the Voting Representative of the City of Indian Harbour Beach to the Brevard Public Schools Capital Outlay Committee and the Educational Facilities Impact Fee Benefit District Advisory Committee Meeting Date: May 24, 2022 Staff Recommendation: Appointment of the Voting Representative of the City of Indian Harbour Beach to the Brevard Public Schools Capital Outlay Committee and the Educational Facilities Impact Fee Benefit District Advisory Committee. Background Information: The Interlocal Agreement for Public School Facility Planning and School Concurrency, entered into by: Brevard County Board of County Commissioners, School Board of Brevard County, and the Cities or Towns of Cape Canaveral, Cocoa, Cocoa Beach, Grant-Valkaria, Indialantic, Indian Harbour Beach, Malabar, Melbourne, Melbourne Beach, Palm Bay, Rockledge, Satellite Beach, Titusville and West Melbourne, established the Capital Outlay Committee (COC) for the "purposes of reviewing potential sites for new schools, proposals for significant renovation, potential closure of existing schools and opportunities to co-locate schools with other public facilities such as parks, libraries, and community centers to the extent possible." The COC meets to discuss issues and makes recommendations to the Superintendent pertaining to land use and school facilities planning. The Committee also reviews the District's annual Five-Year Work Plan and serves as an oversight committee for school concurrency. A second Interlocal Agreement provides for funding of new or expanded public education facilities with educational facilities impact fees. This agreement created an Impact Fee Advisory Committee to facilitate input from Brevard County and its incorporated municipalities with regard to the appropriation of educational impact fees collected within their respective jurisdictions, towards the development of new or expanded public educational improvement projects. The School Board, Brevard County and each municipality with jurisdiction over lands within the benefit district and an effective agreement with the County providing for municipal participation in the educational facilities impact fee program are entitled to appoint one (1) representative to the Impact Fee Advisory Committee. This agreement states that the representatives so appointed must be knowledgeable about residential development activity, the need for public educational facilities within the benefit district, and limitations on the use of impact fees. It further states that representatives may include City or County Managers, planners, engineers, attorneys, or concerned citizens residing in the jurisdiction. The roll of the Impact Advisory Committee is to consider the need for and cost of the new or expanded public educational facilities within the benefit district to accommodate projected increases in student populations anticipated to result from new residential development as well as projections of impact fee revenues available for appropriation during the time period covered by the Tentative District Educational Facilities Plan. The Committee will make recommendations to the School Board regarding the use of available impact fees for eligible projects. As you know, I currently serve as the city’s representative to these committees. With my retirement in June, it is necessary to appoint a new representative to these Committees. I recommend the appointment of John Coffey, City Manager (currently CM Designate) to these committees. Staff Recommendation: Appointment of the Voting Representative of the City of Indian Harbour Beach to the Brevard Public Schools Capital Outlay Committee and the Educational Facilities Impact Fee Benefit District Advisory Committee. City Council Agenda Item Interlocal Agreement between the City of Indian Harbour Beach and the Town of Melbourne Beach regarding automatic aid for fire protection and rescue services Meeting Date: February 11, 2025 Attachments: Draft interlocal agreement Staff Recommendation: Consider authorizing the City Manager to execute the proposed interlocal agreement with the Town of Melbourne Beach. Background Information: This interlocal agreement formalizes the intent of the communities to provide each other reciprocal assistance when needed. The assistance may come automatically through a joint dispatch on specific listed emergency events (automatic aid) or when called upon in the moment, (mutual aid), each example pending the assisting department’s availability. National standards (NFPA) require a volunteer fire department assemble a minimum of 15 personnel at the scene of a routine structure (defined as a residence no larger than 2000 square feet) within 9 minutes. When small departments lack the ability to do this with their own resources, they must then combine resources with neighboring jurisdictions to meet these suppression capability requirements which this proposed interlocal agreement achieves. Currently the City is part of a statewide mutual aid agreement and a Brevard County mutual aid agreement. Chief Lewis is working with other local agencies to explore the feasibility of additional aid agreements. City Attorney Bohne has reviewed the draft interlocal agreement and finds it legally sufficient. Hence, staff recommends the City Council authorize the City Manager to execute the proposed interlocal agreement with the Town of Melbourne Beach regarding automatic aid for fire protection and rescue services.  INTERLOCAL AGREEMENT BETWEEN THE CITY OF INDIAN HARBOUR BEACH AND THE TOWN OF MELBOURNE BEACH REGARDING AUTOMATIC AID FOR FIRE PROTECTION AND RESCUE SERVICES THIS INTERLOCAL AGREEMENT (hereinafter referred to as the “Agreement”) is made and entered into this ______ day of ___________, 2025, by and between the City of Indian Harbour Beach, a political subdivision of the State of Florida, (hereinafter referred to as the “City”) and the Town of Melbourne Beach, a political subdivision of the State of Florida, (hereinafter referred to as the “Town”). The City of Indian Harbour Beach and the Town of Melbourne Beach are sometimes individually referred to as "Party" and collectively referred to as the "Parties" in this Agreement. RECITALS WHEREAS, both Parties presently maintain and operate emergency service departments within their respective municipalities that provide fire protection and other rescue services; and WHEREAS, both Parties recognize that in times of emergency or disaster, an incident may be too great to be dealt with unassisted, or a situation may arise in which a party is not able to expeditiously respond to an incident due to unforeseen circumsta nces; and WHEREAS, the Parties desire to enter into this Agreement for the purposes of allowing the City of Indian Harbour Beach and the Town of Melbourne Beach to share emergency resources, so as to better protect the lives and property of their citizens; and WHEREAS, both Parties agree that it is in their respective best interests, and in the best interest o f public health, safety and the welfare of their citizens, for the parties to share emergency resources; and WHEREAS, this Agreement is authorized pursuant to Chapter 163, Florida Statutes, as an Interlocal Agreement; NOW, THEREFORE, in consideration of the premises and mutual promises contained herein, the Parties hereto agree as follows: Section 1. Purpose and Intent of Agreement The intent of this arrangement is to provide the most efficient fire suppression and lifesaving services to the citizens protected by the respective Parties. This Agreement is not intended, and shall not be construed to in any way to deprive a Party of jurisdictional powers vested in said Party, nor is it the intention of the Parties to combine their individual Departments into a single department or district. Except to the extent agreed herein, the City of Indian Harbour Beach and the Town of Melbourne Beach agree that their respective Fire Departments will provide primary emergency services within their own jurisdictions. Statement of Reciprocity – Both Parties agree to share emergency response resources for the purpose of providing of expeditious and effective emergency services delivery, and acknowledge that the services will be provided in a mutually beneficial manner, without expectation of monetary compensation or reimbursement for services identified, unless otherwise outlined in this Agreement. Page 1 of 11  INTERLOCAL AGREEMENT BETWEEN THE CITY OF INDIAN HARBOUR BEACH AND THE TOWN OF MELBOURNE BEACH REGARDING AUTOMATIC AID FOR FIRE PROTECTION AND RESCUE SERVICES Section 2. Services Provided (a) Automatic Aid – To provide the highest level of fire protection and quickest response possible, the Parties hereby agree to provide Automatic Aid for all structural fire incidents, including residential and commercial structures, within the primary response areas of the Town of Melbourne Beach and the City of Indian Harbour Beach, as outlined in Appendix A. “Automatic Aid” means and refers to the automatic dispatch of, and response by, a fire suppression unit without the initiation of a mutual aid request. Automatic Aid shall be based on a mutually agreed upon and predefined process that results in the immediate response of emergency personnel by the Responding Party to the scene of an emergency in the Receiving Party’s jurisdiction on behalf of, or along with, the Receiving Party, without regard to municipal City or Town boundaries. “Receiving Party” shall mean and refer to the authority having jurisdiction of the emergency incident location within the Response Area that is receiving automatic aid pursuant to this Agreement. “Responding Party” shall mean and refer to the authority responding to the request for automatic aid pursuant to this Agreement. (b) Mutual Aid – Should one of the Parties in this Agreement make a determination that aid is needed to expeditiously and effectively manage an emergency incident within their jurisdiction, they may request assistance from the other Party. The Responding (assisting) Party shall attempt to provide the requested apparatus, equipment, and/or personnel based on the availability of the resource(s) requested. The Parties agree to provide mutual aid for emergency requests for service including, but not limited to fires, fire alarms, medical emergencies, vehicle accidents, technical rescue scenarios, hazardous material incidents, water rescues, brush fires, and natural disasters. The Parties agree to provide such reciprocal assistance on an as-requested, mutual-aid basis, based on the availability of apparatus, equipment, and manpower. Section 3. Operational Considerations (a) Procedures for Requesting Automatic Aid – For any confirmed or suspected structural fire, the Receiving Party’s communication center shall automatically contact the Responding Party’s communication center to fulfill the request and notify their agency. No formal request need be made to initiate assistance. (b) Procedures for Requesting Mutual Aid – A company officer, or higher authority, shall initiate the request for Mutual Aid through their own respective communication center. A company officer is defined as the individual responsible for command of a company (fire unit), a designation not specific to any particular fire department rank, which can be a firefighter, lieutenant, captain, or chief officer, if responsible for command of a single company. It is recognized that in the interest of public safety, this request may be made based upon dispatch information, prior to the Receiving (requesting) Party arriving on scene. Upon receipt of request, the Receiving Party’s dispatch will then contact the Responding (assisting) Party’s dispatch to fulfill the request and notify their agency. (c) Predefined Response – Unless otherwise requested, upon the notification of a Mutual or Automatic Aid request, the Responding Agency shall respond with a single, in-service, fire suppression apparatus that shall be staffed by a minimum of two (2), and no more than four (4) State of Florida certified Firefighters or Volunteer Firefighters; one of which must be designated as the apparatus’s officer. A Chief Officer from Page 2 of 11  INTERLOCAL AGREEMENT BETWEEN THE CITY OF INDIAN HARBOUR BEACH AND THE TOWN OF MELBOURNE BEACH REGARDING AUTOMATIC AID FOR FIRE PROTECTION AND RESCUE SERVICES the Responding Party shall be permitted to respond in addition to the apparatus on the initial response to assist with unit coordination. (d) Communication and Notification of Non-response – Should either Party be unable to respond and provide Automatic or Mutual Aid in response to an emergency request, the declining Party shall immediately notify the dispatch center of the authority having jurisdiction (e) Officer in Charge – It is further agreed that the first arriving unit will establish incident command and manage the incident in accordance with established procedures until the mitigation of the incident, or until scene control is transferred to an officer having authority within the jurisdiction where the incident occurred. The first arriving command officer, will function as the incident commander. In the case where the first arriving command officer is not of the authority having jurisdiction for the area, incident command shall be transferred to the command officer of the authority having jurisdictionReceiving Party upon the arrival of such command officer. While providing Automatic or Mutual Aid, the Responding Party’s personnel shall be subject to the orders and directions of the officer in charge of the operations. (f) Service Standard – The Responding Party and Receiving Party shall utilize National Fire Protection Standard 1500, as defined in Florida Statute 633, to ensure that the Incident Command System, the Personnel Accountability System, and the 2- in / 2-out standards are adhered to. Both Parties shall participate together in fireground company training on a quarterly basis. (g) Release of Responding Party – The Responding Party will be released from an Automatic or Mutual Aid request by the Receiving Party as soon as appropriate, based upon operational consideration or when the Receiving Party has adequate resources on scene to mitigate the emergency, as determined by the officer in charge of the scene. The authority having jurisdiction will be responsible for conducting any fire investigation. (h) Extended Coverage – If one Party is committed to an emergency scene for an extended period of time (generally thirty (30) minutes or longer), they may request Mutual Aid for area coverage until they have sufficient resources to provide coverage for their own jurisdiction again. Based on availability, the Responding Party agrees to staff a unit, and standby in a geographically advantageous location, until released by the Requesting Party. (i) Operational Limitations – No department, officer or employee of the Parties to this Agreement shall perform any function or service not within the scope of the duties of such department, officer or employee in its respective primary jurisdiction. (j) Disputes or Disagreements - Disputes or disagreements as to the level of services and/or standards of performance shall be reported by the complaining Party to the Fire Chief, or their designee, of the Party that provided the service or took the action from which the complaint arose. Both departments shall meet to discuss and develop a resolution to the situation. The decision of the Fire Chief of each Party shall be final and conclusive as to the geographical boundaries of response, the level of services rendered or standards of performance observed by the Party’s personnel. (k) Responsibility - The Authority Having Jurisdiction of the geographical location of the incident shall maintain ultimate responsibility for the handling of the incident, setting incident priorities, and supplying appropriate resources. The rendition service, standards of performance, discipline of officers and Page 3 of 11  INTERLOCAL AGREEMENT BETWEEN THE CITY OF INDIAN HARBOUR BEACH AND THE TOWN OF MELBOURNE BEACH REGARDING AUTOMATIC AID FOR FIRE PROTECTION AND RESCUE SERVICES employees, and all other matters related to the performance of services by command personnel and the command and control of their personnel and equipment shall remain with each Party to this Agreement. Section 4. Term This Agreement shall commence and be effective upon its approval and execution by the elected governing bodies of both Parties, and shall be effective for a period of two (2) years. After the initial two (2) year term, the agreement shall automatically renew each year, unless terminated or amended as described below in Section 5. Section 5. Termination / Revision of Agreement (a) This Agreement may be terminated by either Party, with or without cause, upon written notice of termination to the other Party sixty (60) days prior to the date of such termination. (b) Either Party may request that this Agreement be amended. Such request must be placed in writing and address the reason for the amendment as well as provide proposed revised language. In order to be deemed effective, the amendment must be approved by the City/Town Manager, or designee, of both parties. Section 6. Notification Any required notice to be provided by either Party to this Agreement, other than an emergency call and dispatch, shall be delivered to the other Party’s representative at the following locations: David Lewis, Fire Chief Gavin Brown, Fire Chief Indian Harbour Beach Vol. Fire Dept. Melbourne Beach Vol. Fire Dept. 1116 Pine Tree Drive, 507 Ocean Avenue, Indian Harbour Beach, FL 32937 Melbourne Beach, FL 32951 With a copy to: John W. Coffey, City Manager Elizabeth Mascaro, Town Manager City of Indian Harbour Beach Town of Melbourne Beach 2055 S Patrick Drive, 507 Ocean Avenue, Indian Harbour Beach, FL 32937 Melbourne Beach, FL 32951 Any notice to be sent under the provisions of this Agreement shall be deemed to have been properly sent when personally delivered or mailed to the last known address of the Parties, as the case may be, with appropriate copies as set forth above. A mailing is deemed received at the time of hand delivery or five (5) days after mailing. Either Party hereto may unilaterally change the person to whom a mailing is to be sent or the address of said person by giving notice to the other Party as provided for herein. This Agreement may be terminated by either Party, with or without cause, upon written notice of termination to the other Party sixty (60) days prior to the date of such termination. Page 4 of 11  INTERLOCAL AGREEMENT BETWEEN THE CITY OF INDIAN HARBOUR BEACH AND THE TOWN OF MELBOURNE BEACH REGARDING AUTOMATIC AID FOR FIRE PROTECTION AND RESCUE SERVICES Section 7. Employee Status Persons employed by a Party to this Agreement in the performance of services and functions pursuant to this Agreement shall have no claim on the other Party to this Agreement for pension, worker’s compensation, unemployment compensation, civil service, or any other employee rights or privileges granted by operation of law or otherwise to the officers and employees of the other Party to this Agreement. Section 8. Liabilities and Responsibilities of Parties (a) No Party hereto, its respective officers or employees, shall assume any liability for the acts, omissions or negligence of the other Party, its officers or employees. (b) All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, and all pensions and relief, disability, worker’s compensation and other benefits which apply to the activity of officers or employees of a Party when performing their respective functions within the territorial limits for their respective agencies shall also apply to the same degree and extent to the performance of such functions and duties extraterritorially when accomplished pursuant to this Agreement. (c) Except as herein otherwise provided, all liability for injury to personnel and loss or damage of equipment shall be borne by the Party employing such personnel and owning such equipment. (d) In the event one of the Parties provides emergency medical services, it shall provide such services under the direction of its own medical director utilizing its own BLS/ALS protocols. (e) The Parties further agree that nothing contained herein is intended to nor shall be construed a waiver of the City’s or Town’s rights and immunities under Section 768.28, Florida Statutes, as amended from time to time. Section 9. Compensation and Reimbursement between Agencies (a) Each Party agrees to furnish necessary equipment, resources, and facilities in order to render mutual and automatic aid services to the other Party in accordance with the terms of this Agreement. However, neither Party shall be required to deplete its own equipment, resources, facilities, and services in furnishing such aid. (b) Either agency furnishing any equipment pursuant to this Agreement shall bear the costs for any loss or damage to such equipment and shall pay any expense incurred in the operations, maintenance and repair of that equipment. Page 5 of 11  INTERLOCAL AGREEMENT BETWEEN THE CITY OF INDIAN HARBOUR BEACH AND THE TOWN OF MELBOURNE BEACH REGARDING AUTOMATIC AID FOR FIRE PROTECTION AND RESCUE SERVICES (c) Either agency furnishing aid pursuant to this Agreement shall compensate its employees during the time such aid is rendered and shall defray all associated employee cost while employee is rendering aid. (d) The Receiving (requesting) Party shall either replace, or provide reimbursement for, those nontraditional extraordinary services or consumable materials, which were used by the Responding Party furnishing mutual or automatic aid services. This paragraph shall apply to the following items: such as, but not limited to, firefighting foam, HAZMAT protective clothing, and absorbent materials. Any additional items requested for inclusion in this provision must be agreed upon by both parties. (e) It shall be the responsibility of the agency furnishing aid hereunder to notify the Receiving (requesting) Party of any items for which reimbursement or replacement is requested. This notification shall include information regarding quantity used, manufacturer’s name, local supplier, and specific item(s) used. Section 10. Implementation The aforementioned agency’s Fire Chiefs will meet and develop an implementation plan, which will include updating their individual Standard Operating Procedures, training their employees/volunteers regarding the changes, and working with their Communications Centers to implement the changes. Section 11. Auditing, Records and Inspection (a) In the performance of this Agreement, both Parties shall keep books, records, and accounts of all activities, related to the Agreement, in compliance with generally accepted accounting procedures, as adopted by the Department of Financial Services, as set forth in Rule 691-61.0012, Florida Administrative Code, as amended or suspended from time to time, or the Auditor General. Books, records, and accounts related to the performance of this Agreement shall be open to inspection during regular business hours by an authorized representative of the office and shall be retained by both Parties for a period of three (3) years after termination of this Agreement for accounting related records and for other public records, five (5) years after termination of this Agreement, unless otherwise required by law to be held for a longer period of time. All books, records, and accounts related to the performance of this Agreement shall be subject to the applicable provisions of Chapter 119, Florida Statutes and Section 401.30, Florida Statutes. (b) No reports, data, programs or other materials produced, in whole or in part for the benefit and use of either Party pursuant to this Agreement shall be subject to copyright protection in the United States or any other country. (c) Both Parties agree to comply promptly with any request for public records or documents made in accordance with Section 119.07, Florida Statues. Upon a request for public records related to this Agreement, the City or the Town, as the case may be, will inform promptly the other Party of the request and, upon request of the other Party, provide electronic copies of the responsive public records provided, at no additional cost to either Party, as the case may be. Section 12. Jurisdiction, Venue and Choice of Law Page 6 of 11  INTERLOCAL AGREEMENT BETWEEN THE CITY OF INDIAN HARBOUR BEACH AND THE TOWN OF MELBOURNE BEACH REGARDING AUTOMATIC AID FOR FIRE PROTECTION AND RESCUE SERVICES All questions pertaining to the validity and interpretations of this Agreement shall be determined in accordance with the laws of the State of Florida. Any legal action by either Party against the other concerning this Agreement shall be filed in Brevard County, Florida, which shall be deemed proper jurisdiction and venue for the action, and any trial shall be nonjury. Section 13. Attorney’s Fees and Costs In the event of any litigation between the Parties arising out of this Agreement, each party will bear its own attorney’s fees and costs. Section 14. Severability In any section, paragraph, sentence, clause, phrase or word of this Agreement, is for any reason held by a court to be unconstitutional, inoperative, or void, such holding will not affect the remainder of this Agreement. The remainder of this Agreement shall be effective and shall remain in full force and effect, unless amended or modified by mutual consent of the Parties. Section 15. Indemnification/Hold Harmless The Parties agree to defend, hold harmless, and indemnify each other subject to the provisions of this section and within the limitations of Section 768.28, Florida Statutes, as amended from time to time. To the extent allowed by Section 768.28, Florida Statutes, all employees and agents of each Party acting within the scope of this Agreement shall be entitled to sovereign immunity. Each Party agrees to be liable to the activities of its respective trustees, officers, employees, and agents (collectively referred to as “personnel”). The CITY OF INDIAN HARBOUR BEACH agrees to defend, hold harmless, and indemnify the TOWN OF MELBOURNE BEACH and its personnel from all claims, suits, judgments or damages, arising out of the acts or omissions of CITY, or CITY’s employees or agents, subject to the sovereign immunity protections afforded to it under Florida law. The TOWN OF MELBOURNE BEACH agrees to defend, hold harmless, and indemnify the CITY OF INDIAN HARBOUR BEACH and its personnel from all claims, suits, judgments or damages, arising out of the acts or omissions of TOWN, or TOWN’s employees or agents, subject to the sovereign immunity protections afforded to it under Florida law. This indemnification shall not apply to loss, injury, death or damages arising by reason of the other Party’s negligence, either in whole or in part, and/or its personnel. Nothing in this section shall be construed to require either Party to indemnify or insure the other Party for the other Party’s negligence or to assume any liability for the other Party or the negligence of its personnel. This section applies to any act or omission done in accordance with the terms of this Agreement regardless of which Party’s jurisdiction said act or omission occurs. Nothing in this Agreement is intended to inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. Nothing herein shall constitute a waiver of either Party’s sovereign immunity. The Parties acknowledge specific consideration has been exchanged for this provision. This indemnification section shall survive the termination of this Contract. Page 7 of 11  INTERLOCAL AGREEMENT BETWEEN THE CITY OF INDIAN HARBOUR BEACH AND THE TOWN OF MELBOURNE BEACH REGARDING AUTOMATIC AID FOR FIRE PROTECTION AND RESCUE SERVICES Section 16. Assignment Neither the Town of Melbourne Beach nor the City of Indian Harbour Beach, its assigns or representatives, shall enter into any agreement with third parties to delegate any or all of the rights and responsibilities herein set forth without the prior written approval of the other party’s governing body. Section 17. Independent Contractors The Town of Melbourne Beach and the City of Indian Harbour Beach are each independent contractors of one another. It is specifically understood and agreed to by and between the Parties hereto that a material provision in this Agreement is that the relationship between the Town and the City is one in which each party and its employees are independent contractors of the other Party, and not as agents, employees, joint ventures, or other partners and neither are entitled to any benefits of the other Party. Nothing contained herein shall be construed to be inconsistent with this relationship or status. Section 18. Entire Agreement This Agreement, including exhibits, appendices, riders, and/or addenda, if any, attached hereto, sets forth the entire Agreement between the Parties. This Agreement shall not be modified except in writing and executed by all parties, except that the fire chiefs of the Town of Melbourne Beach and the City of Indian Harbour Beach are authorized to mutually agree in writing to changes in Operational Considerations as set forth in Section 3(a), 3(b), 3(c), 3(d), 3(e), 3(f), 3(g), and 3(h). Section 19. Interpretation Both the Town of Melbourne Beach and the City of Indian Harbour Beach have had the opportunity to consult with legal counsel and to participate in the drafting of this Agreement. Consequently, this Agreement shall not be more strictly or more harshly construed against either Party as the drafter hereof. Section 20. Authorization Pursuant to this Agreement, the City of Indian Harbour Beach and the Town of Melbourne hereby authorizes each party respectively to perform the duties and services required herein. Page 8 of 11  INTERLOCAL AGREEMENT BETWEEN THE CITY OF INDIAN HARBOUR BEACH AND THE TOWN OF MELBOURNE BEACH REGARDING AUTOMATIC AID FOR FIRE PROTECTION AND RESCUE SERVICES IN WITNESS WHEREOF, the parties hereto have duly executed this Automatic Aid Agreement on the dates as set forth below. ATTEST: CITY OF INDIAN HARBOUR BEACH, FLORIDA _______________________________ _______________________________ Sue Frank, City Clerk John Coffey, City Manager This_____day of_______________, 2025. Approved as to form and legality: Reviewed for IHBVFD Content: _______________________________ ________________________________ Karl Bohne, City Attorney David Lewis, Fire Chief ATTEST: TOWN OF MELBOURNE BEACH, FLORIDA ________________________________ _______________________________ Amber Brown, City Clerk Elizabeth Mascaro, Town Manager This_____day of_______________, 2025. Approved as to form and legality: Reviewed for MBVFD Content: _______________________________ _______________________________ Ryan Knight, Town Attorney Gavin Brown, Fire Chief Page 9 of 11  INTERLOCAL AGREEMENT BETWEEN THE CITY OF INDIAN HARBOUR BEACH AND THE TOWN OF MELBOURNE BEACH REGARDING AUTOMATIC AID FOR FIRE PROTECTION AND RESCUE SERVICES Page 10 of 11  INTERLOCAL AGREEMENT BETWEEN THE CITY OF INDIAN HARBOUR BEACH AND THE TOWN OF MELBOURNE BEACH REGARDING AUTOMATIC AID FOR FIRE PROTECTION AND RESCUE SERVICES APPENDIX – A Automatic Aid Response Areas for Structural Fires Pictorial description of the City of Indian Harbour Beach and Town of Melbourne Beach legal boundaries. Town of Melbourne Beach Page 11 of 11  INTERLOCAL AGREEMENT BETWEEN THE CITY OF INDIAN HARBOUR BEACH AND THE TOWN OF MELBOURNE BEACH REGARDING AUTOMATIC AID FOR FIRE PROTECTION AND RESCUE SERVICES City of Indian Harbour Beach Page 12 of 11