MEMORANDUM

July 8, 2016

TO: The Honorable Mayor and City Council FROM: Mark K. Ryan, City Manager SUBJECT: July 12, 2016 Regular City Council Meeting The following is my report for council’s regular meeting of July 12, 2016

A. ACTION ITEMS

1. Acknowledgement of the City Manager’s Proposed FY 2016-2017 Annual Operating

Budget and Establishment of the Annual Budget Public Hearings

On or before the July 12, 2016 you should receive an electronic copy of the City Manager’s Proposed FY 2016-2017 Annual Operating Budget. Additionally, Florida Statutes Chapter 200.065 provides that municipalities, counties and school boards must hold two public hearings on their proposed annual budgets. Additionally, this statute requires municipalities to avoid holding public hearings on their proposed annual budget on the same date that either the local school board or county government holds public hearings on their respective budgets. The City has been advised the Brevard County Board of County Commissioners will have public hearings in conflict with the regularly scheduled City of Indian Harbour Beach City Council meetings in September. Therefore, I would ask that you take the following actions. a. Acknowledge receipt of the City Manager’s Proposed FY 2016-2017 Annual

Operating Budget b. Approve the first Public Hearing for the FY 2016-2017 Proposed Operating Budget,

Tuesday, September 6, 2016 for adoption of a Tentative Operating Budget and Tentative Operating Millage.

c. Approve the second and final Public Hearing for the FY 2016-2017 Proposed Operating Budget and the Final Adoption of an Operating Millage Rate on Tuesday, September 20, 2016.

Note: State law also prohibits the commencement of any public hearing on local government budgets prior to 5:00 p.m. Also, I would like to request a City Council Workshop to review the City Manager’s Proposed Budget. I am proposing the workshop be held on Tuesday, July 26th prior to the regularly scheduled City Council Meeting.

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2. Proposed Paver Stone Sidewalk Policy Implementation At the June 28th City Council Meeting the Indian Harbour Beach City Council approved amending the regulations to allow paver stone driveways to pass through public sidewalks. The current prohibition is contained in Article XV, Sec. 2 (c) of the Zoning Code. Attached is a DRAFT copy of an ordinance implementing this change in policy. The proposed ordinance provides that at Right-of-Way Use Permit, along with a Building Permit is required. These pavers would be placed on pour concrete meeting certain specifications. Also, we are attempting to provide language in the Right-of-Way Permit that the applicant (property owner) executes a maintenance agreement and insurance requirement. Subject to approval by of this language the executed Right-of Way Use Permit in the public record so that subsequent owners are on notice of these requirement. I have received the following comments or suggestions from Council Member Nickle.

The width of the crossing area subject to the additional base requirements should

be 5 feet. I know many of our existing sidewalks are only 4 feet wide, but at some point, adjacent sidewalk replacements will be 5 feet wide.

Pavers used should be the thicker version (3 ½” I think), not the thin version

which is more likely to crack and fail.

We should consider requiring delineation of the crossing area in the form of straight lines of rectangular pavers on edge, 5 feet apart. This will define the crossing areas.

In reference to these suggestions Staff has the following observations.

Retrofitting older subdivisions with wider sidewalks is challenging, costly, and may be precluded by smaller right-of-ways. If a five (5) feet side sidewalk area is placed in the paver driveway it will taper back to four (4) feet outside of the driveway.

Thicker pavers will reduce the potential for cracks or failures in the public sidewalk area. From a Building Department perspective, the issue is will the pavers be install in a manner that prevents them from popping up.

The use of a delineation paver will become an aesthetic issue, an issue the city does not currently regulate, and may become objectionable by the homeowner.

Staff is seeking direction and any other comments for incorporating into this proposed ordinance.

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B. INFORMATIONAL ITEMS

1. Mid-Reach Beach Nourishment Project On Tuesday, July 12th the Brevard County Board of Commissioners will consider beach “nourishment” project in Indian Harbour Beach, Satellite Beach and areas to the south. The County Commissioners will consider a 50-year commitment to work with the U.S. Army Corps of Engineers on the $551 million project, which includes a 7.8-mile section of beach from the Pineda Causeway south to Flug Avenue. The “project partnership agreement” commitment and partial funding from the Tourist Development Tax is supplemented with money from the federal government and the Florida Department of Environmental Protection. Twenty-five percent of the tourist development tax is specifically designated for beach projects.

We anticipate opposition to this agenda item from individuals who would like to re-direct these funds to the cleanup of the Indian River Lagoon. It is my understanding the Tourism Development tax beach improvement fund can only be used within a river or lake if done to preserve or improve a beach/shoreline within that water body in order to promote tourism. It cannot be used for general water quality improvement efforts within the lagoon.

The City of Indian Harbour Beach has certainly made the cleanup of the lagoon a priority. The City Council has not taken a position on whether to forego the Mid-Reach Beach Nourishment Project. Although I was not managing this community in 2004 after the series of hurricanes hit Brevard County I am aware of damage to the beach in both Indian Harbour Beach and Satellite Beach. It is my understanding following these storm events homes were lost and roads nearly undermined. I have been told the parking lot/street end at Bicentennial Park was undermined and a sidewalk fell onto the beach. At the Indian Harbour Beach Club, erosion reached within 6 feet of the building and the pool area was undermined.

2. 2016 Florida League of Cities Annual Conference – August 18-20, 2016 The 2016 Florida League of Cities Annual Conference will be held on August 18-20, 2016 at the Diplomat Resort in Hollywood, Florida. Shauna Hume, Executive Assistant has distributed the registration packet to the members electronically. Please inform staff if you would like to attend, and we will process your registration.

3. Ethics Training for Elected Officials

As you are aware, the Florida Legislature in 2014 passed legislation requiring elected officials to take four hours of ethics training each calendar year beginning in 2015.

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The City of Satellite Beach will host an Ethics Training program on Monday, August 15, 2016 at 1:00 p.m. Please let City Clerk Debbie Maliska know as soon as possible if you will be attending this program.

4. Beach Park Restrooms Update The contractor, Jobear Contracting, Inc., continues to work on site clearing and pad preparation for the new permanent restrooms at the Bicentennial and Millennium Beach Parks. The pre-fab concrete restrooms from CXT are scheduled to arrive mid to late July.

5. Oars and Paddles Park Update

The transfer of Oars and Paddles Park to the City of Indian Harbour Beach occurred on July 1, 2016. Todd Scaldo, Public Works Director and his team have begun an aggressive maintenance program to enhance the appearance of the park. Congratulations to Mr. Scaldo and his team for their hard work on this project.

6. Space Coast League of Cities Indian River Lagoon Sub-Committee

The Space Coast League of Cities has created an Indian River Lagoon Sub-Committee to develop strategies that communities can implement to help in the cleanup of the Indian River Lagoon. This sub-committee is modeling our initiative to request home improvement centers and hardware stores that may sell fertilizers to display a flyer informing consumers that the application of fertilizers containing nitrogen and phosphorous may not be applied from June 1st to October 1st. Additionally, the committee is utilizing our community outreach through a post card mailing in May of the fertilizer regulations.

a. Special Meetings

NA b. Upcoming Events Summertime Fertilizer Ban – to assist in the preservation of the Indian River Lagoon from stormwater runoff with nitrogen and phosphorous from fertilizers

June 1st – September 30th

Space Coast League of Cities Meeting Monday, July 11, 2016 at the Eau Gallie Yacht Club – Social @ 6:30 p.m.; Dinner @ 7:00 p.m.

Florida League of Cities Legislative Policy Committee Meeting

August 18, 2016, Diplomat Resort in Hollywood, Florida

Florida League of Cities Annual Conference August 18-20, 2016, Diplomat Resort in Hollywood, Florida

AN ORDINANCE OF THE CITY OF INDIAN HARBOUR BEACH, BREVARD COUNTY, FLORIDA RELATING TO LAND USE, ZONING AND LAND DEVELOPMENT IN THE CITY; AMENDING APPENDIX A OF THE CODE OF ORDINANCES; AMENDING ARTICLE; XV, OFF STREET PARKING AND LOADING REGULATIONS, SECTION 2 (C), PARKING SPACE DESIGN; AMENDNING THE REGULATIONS FOR THE USE OF PAVER STONES IN PUBLIC SIDEWALKS; PROVIDING SEVERABILITY, REPEAL, CODIFICATION AND AN EFFECTIVE DATE.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF INDIAN HARBOUR BEACH, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. Section 2 (C) of Article XV of Appendix A of the Code of Ordinances of the City is amended in full to read as follows:

Sec. 2. - Design standards.

. . .

(C)

Said parking areas shall be paved with an asphaltic or concrete surfacing, or approved pavers and afford adequate drainage and shall have bumper guards where needed according to city specifications. No portion of any required sidewalk may consist of pavers. Paver stones are permitted in required public sidewalks in accordance with the following terms and conditions.

1. In addition to a Building Permit the applicant shall file for and obtain a Right-of-Way Use Permit from the city with payment of applicable fees.

2. As a part of the Right-of-Way Use Permit the property owner shall execute a notice of maintenance responsibility/ insurance responsibility and notice to subsequent property owners contained within the permit. This permit shall be recorded in the Public Records of Brevard County along with the required Notice of Commencement forms by the contractor. Proof of recording these documents shall be provided by the City. This form will also inform the applicant and subsequent owners of the property of the replacement cost for damage caused by the city or other utilities in the area of the paver stones in the sidewalk or public right-of-way.

3. Paver stones in the area of the required sidewalk must be placed

on six inches of poured concrete at 3,000 psi (not over crushed stone or other compacted materials)

Section 2. In the event that any term, provision, clause or section of this ordinance shall be held by a court of competent jurisdiction to be partially or wholly unenforceable or invalid for any reason whatsoever, any such invalidity, or illegality, or unenforceability shall not affect any of the other or remaining terms, provisions, clauses, sentences, or sections of this ordinance, and this ordinance shall be read and/or applied as if the invalid, illegal, or unenforceable term, provision, clause, sentence, or section did not exist. Section 3. All ordinances or resolutions or parts thereof that may be determined to be in conflict herewith are hereby repealed. Section 4. The City Clerk of the City is hereby directed to incorporate Section 1 into the Land Development Regulations of the City. Section 5. This ordinance shall become effective upon adoption PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF INDIAN HARBOUR BEACH, BREVARD COUNTY, FLORIDA, ON THIS ____ DAY OF _____________ 2016. CITY OF INDIAN HAROUR BEACH BREVARD COUNTY, FLORIDA ________________________________ DAVID A. PANICOLA, MAYOR ATTEST: _________________________________ DEBORAH MALISKA, CMC CITY CLERK First Reading: ______________ Second Reading: ______________

City Council Agenda Item First Reading Ordinance No. 2016-9 Calling for a Referendum Election to Amend the City Charter; Providing Six Ballot Questions Pertaining to: 1) The Civil Service Provisions, 2) Purchasing Requirements, 3) Certification of Municipal Elections, 4) Ordinance Adoption Procedures, 5) Height of Weeds and Grass Regulations, 6) Provide Alternative Candidate Qualifying Procedures. Meeting Date: July 12. 2016 Staff Recommendation: Approve on first reading Ordinance No. 2016-9, calling for a referendum election to amend the City Charter; providing six ballot questions pertaining to: 1) the Civil Service provisions, 2) purchasing requirements, 3) certification of municipal elections, 4) ordinance adoption proceedures, 5) height of weeds and grass regulations, and 6) provide alternative candidate qualifying procedures .

Background Information: At the May 24, 2106, City Council Meeting Staff received direction to develop an ordinance calling for a Referendum Election during the November General Election providing four ballot questions to amend the City’s Charter. These amendments are outlined as follows:

1) A proposal to amend the City Charter to repeal the Civil Service provisions for Police Officers due to conflicts with state law. This amendment, if approved by the voters, would repeal Article XIII, Section 3 related to the civil service provisions. The City’s Charter investigation powers of Police Officers appears to be pre-empted by state law and it is in direct conflict with sections 112.532 and 112.533, is unenforceable and should not be used for any police officer investigation and the provisions of Chapter 112 must be utilized.

2) A proposal to amend the City Charter related to purchasing requirements. Currently the Charter provides that purchases in excess of $3,000 and not part of a public bid requires City Council approval. If approved by the voters, this amendment would change the purchasing components of the Charter to the Category Two threshold as provided for in Section 287.017 Florida Statutes, as

City of Indian Harbour Beach Staff Report

amended from time to time. This amendment would retain the 4/5 vote of the City Council to sole source purchase goods and services in excess of this threshold.

3) A proposal to amend the City Charter related to the certification of municipal elections. The current Charter language conflicts with Florida law by requiring newly elected City Council Members to take office 3 days following the election and certifying the election results at that time. Again, this Charter provision conflicts with state law and is prior to the conclusion of overseas ballot deadlines. This initiative, if approved by the voters, provide the newly elected City Council Members will take office at the next City Council Meeting following the certification of the election by the Supervisor of Elections.

4) A proposal to amend the City Charter related to the adoption of municipal ordinances. If approved by the voters, this amendment would change the advertising requirements for public hearings for ordinances to conform to Florida law. The current provision of the Charter requires an advertisement fourteen (14) days prior to the public hearing, while Florida Statutes Chapter 166.041 provides that the advertisement must be ten (10) days prior to the public hearing. The current provision requires the public hearing advertisement the day after the City Council reads the ordinance on first reading. If changes are made to the ordinance on first reading that requires changes to the advertisement, there is no opportunity to amend the advertisement prior to publication.

Since that meeting, Staff has had discussions with the City Attorney to add a fifth ballot question removing conflicting requirements for the height of weeds and grass and a sixth question providing alternative candidate qualifying procedures in the City Charter. In reference to the fifth ballot question the City Charter provides that the height of weeds and grass cannot exceed four (4) inches in height, while the Code of Ordinances provides that the height of grass cannot exceed eight (8) inches in height. This proposal would eliminate the conflicting language in the Charter and provide the height of weeds and grass regulations would be contained in the Code of Ordinances. The sixth ballot question provides an alternative qualifying procedure for candidates for the City Council as allowed by Florida Statutes Chapter 99.092.

Staff Recommendation: Staff recommends approval on first reading of Ordinance No. 2016-9 calling for a referendum election to amend the City Charter; provding six ballot questions pertaining to: 1) the Civil Service provisions, 2) purchasing requirements, 3) certification of municipal elections, 4) ordinance adoption proceedures, 5) height of weeds and grass regulations, 6) provide alternate candidate qualifying procedures.

ORDINANCE NO. 2016-9 AN ORDINANCE OF THE CITY OF INDIAN HARBOUR BEACH, BREVARD COUNTY FLORIDA; CALLING AND SCHEDULING AN ELECTION UPON AMENDMENTS TO THE CHARTER OF THE CITY; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; ESTABLISHING THE FORM OF THE BALLOT; PROVIDING FOR THE AVAILABILITY OF COPIES OF THE PROPOSED AMENDMENTS TO THE CITY CHARTER; PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida Statutes, 166.031 provides that the governing body of a municipality may submit to the electors of that municipality proposed amendments to its Charter at a referendum election; and WHEREAS, The City Council has recommended that certain amendments be made to the City Charter which amendments appear as Exhibit A to this Ordinance; and WHEREAS, The City Council desires to submit the said amendments to the Charter for ratification by the electors of the City as six (6) separate ballot questions. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF INDIAN HARBOUR BEACH, BREVARD COUNTY, FLORIDA, as follows: Section 1. A referendum election is hereby called and scheduled to be held concurrent with the general election on the 8th day of November, 2016, to determine whether the amendments to the Charter appearing in Exhibit A shall be approved by a majority of the votes cast in such election in which the qualified electors residing in the City shall participate. Such referendum election shall be held and conducted in a manner prescribed by law for all general elections. The place for voting in such referendum election shall be the usual place for voting in the City in the general election to be held on the 8th day of November, 2016. The polls shall be open at such voting place on the day of such referendum election during the hours specified by the general laws of the State of Florida. All duly qualified electors residing within the City shall be entitled to participate in and vote at such referendum election. Section 2. The ballots to be used at such referendum election shall contain a statement of the proposed subject matter of the amendments to the Charter and shall provide facilities for qualified electors to vote for or against such Charter Amendments in six (6) separate ballot questions. Said ballots shall be in substantially the following form:

Ballot City of Indian Harbour Beach, Florida

Question 1. Amendment to the Charter relating to the Civil Service System for Police Officers Shall the Charter, Article XIII Section 3, be amended to repeal the Civil Service provision due to conflicts with state law?

___ Yes ___ No

Instruction to voters: If you are in favor of the adoption of the foregoing amendment to the Charter, mark the space to the left of the word "YES". If you are not in favor of the adoption of the foregoing amendment, mark the space to the left of the word "NO".

Question 2. Amendment to the Charter relating to the process for awarding contracts through competitive bidding. Shall the Charter, Article XV Section 6 (B), be amended to make the process of awarding contracts through competitive bidding comparable to state law? ____ Yes ____ No

Instruction to voters: If you are in favor of the adoption of the foregoing amendment to the Charter, mark the space to the left of the word "YES". If you are not in favor of the adoption of the foregoing amendment, mark the space to the left of the word "NO".

Question 3. Amendment to the Charter relating to the date newly elected Council Members take office. Shall the Charter, Article IV Section 3, be amended to provide that newly elected Council Members take office on the first regular Council meeting following the election certification? ____ Yes ____ No

Instruction to voters: If you are in favor of the adoption of the foregoing amendment to the Charter, mark the space to the left of the word "YES". If you are not in favor of the adoption of the foregoing amendment, mark the space to the left of the word "NO".

Question 4. Amendment to the Charter to provide the reading and advertising of Ordinances pursuant to Chapter 166 of the Florida Statutes. Shall the Charter, Article IV Section 12 (B), be amended to provide that ordinances be read and advertised pursuant to Chapter 166 of the Florida Statutes? ____ Yes ____ No

Instruction to voters: If you are in favor of the adoption of the foregoing amendment to the Charter, mark the space to the left of the word "YES". If you are not in favor of the adoption of the foregoing amendment, mark the space to the left of the word "NO".

Question 5. Amendment to the Charter regarding the height of weeds and grass. Shall the Charter, Article III Section 3, be amended to remove provisions relating the height of weeds and grass and to provide for such height by ordinance? ____ Yes ____ No

Instruction to voters: If you are in favor of the adoption of the foregoing amendment to the Charter, mark the space to the left of the word "YES". If you are not in favor of the adoption of the foregoing amendment, mark the space to the left of the word "NO".

Question 6. Amendment to the Charter regarding candidate qualifying.

Shall the Charter, Article V Section 1, be amended to allow candidates for city council to pay the qualifying fee authorized by Florida Statutes to qualify to run for city council in lieu of obtaining signatures?

____ Yes ____ No Instruction to voters: If you are in favor of the adoption of the foregoing amendment to the Charter, mark the space to the left of the word "YES". If you are not in favor of the adoption of the foregoing amendment, mark the space to the left of the word "NO".

Section 3. The City Clerk is hereby authorized and directed to instruct the Supervisor of Elections of Brevard County to include the above-described questions on the ballot for the general election to be held on the 8th day of November, 2016.

Section 4. Notice of the said referendum election in substantially the form showing in Exhibit B to this Ordinance shall be published two times in a newspaper of general circulation according to the laws of the State of Florida. The first publication shall be during the fifth week prior to the week in which the referendum election is to be held and the second publication shall be during the third week prior to the week in which the referendum election is to be held. A minimum of five copies of the proposed amendments to the Charter shall be kept on file in the office of the City Clerk for public inspection upon demand during normal business hours. Section 5. If the amendments to the City Charter described in Questions No. 1 through 6 hereinabove are approved by the electors of the City, such amendments shall take effect with the general election of the City scheduled in November, 2016. Section 6. This Ordinance shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF INDIAN

HARBOUR BEACH, BREVARD COUNTY, FLORIDA, THIS ________ DAY OF

___________, 2016.

____________________________ DAVID A. PANICOLA MAYOR ___________________________ GENE NEWBERRY DEPUTY MAYOR ATTEST: ______________________________ DEBORAH MALISKA, CMC CITY CLERK 1st READING: July 11, 2016 2nd READING:

EXHIBIT A

City of Indian Harbour Beach Language of Proposed Charter Changes (In all cases, words crossed out with strike through are to be deleted and words underlined are to be added.) REFERENDUM QUESTION 1. 1. An amendment to the City Charter repealing Section 3 of Article XIII of the Charter due to conflicts with state law, Chapter 112 of the Florida Statutes. “Sec. 3. - Civil service system for police officers. (A) POWERS AND DUTIES OF CIVIL SERVICE BOARD. A Civil Service System for all regular full-time police officers employed by the City for one year or longer, exclusive of the Chief of Police, is hereby established. The Civil Service System shall be administered by a Civil Service Board, which Board shall have jurisdiction over the following functions: (1) Examination of prospective police officers. (2) Eligibility lists for hiring and promotion of police officers. (3) Appeals from actions of the Chief of Police or City Manager involving the suspension of police officers for more than five (5) days. (4) Appeals from actions of the Chief of Police or City Manager involving permanent reduction in rank of police officers or discharge of police officers. (5) Investigation of the police department or of any of its members upon receipt of a complaint from any citizen. (B) COMPOSITION OF CIVIL SERVICE BOARD. The Civil Service Board shall consist of five (5) voting members, four (4) of whom shall be appointed by the City Council, and one of whom shall be elected from those members of the police department having the rank of sergeant or below who are within the jurisdiction of the Civil Service System. The members of the Board who are appointed by the Council shall not be employed by the City in any capacity and shall not be members of any other board appointed by the City Council. The member of the Board who is elected by the police department shall be chosen by majority vote of those police officers who are within the jurisdiction of the Civil Service System at the time of such election. If the member so elected by the police department is himself the subject of an inquiry, investigation or action by the Civil Service Board or of disciplinary action by the Chief of Police, an alternate member shall be elected to serve for the duration of such inquiry, investigation or action. The Chief of Police, ex officio, shall serve as an advisory member of the Civil Service Board but shall have no vote in any matter considered by the Board.

The members of the Civil Service Board who first hold office pursuant to this Charter shall be elected or appointed as soon as feasible and practicable following adoption of this Charter. The term of office of two (2) of the appointed members of the initial Board and the elected member of the initial Board shall expire on June 30, 1980. Thereafter, the said elected member of the Board and the said appointed members of the Board shall serve for successive terms of two (2) years each, with such terms expiring June 30 of each even-numbered year. The remaining two (2) appointed members of the initial Board shall serve until June 30, 1981, and the successors to such members shall serve successive terms of two (2) years each expiring June 30 of each odd-numbered year thereafter. Any appointed member of the Board shall be subject to removal from the Board at any time by majority vote of the City Council. (C) CIVIL SERVICE RULES. The Civil Service Board shall recommend to the City Council rules of procedure for administering the functions under its jurisdiction. The said rules and the amendments thereto shall not become effective until adopted by majority vote of the City Council. The Board shall publish its rules and shall provide a copy of current rules to all members of the police department who are within its jurisdiction.

(D) APPEALS FROM DISMISSALS, REDUCTIONS IN RANK, AND SUSPENSIONS OF MORE THAN FIVE (5) DAYS.

(1) Notice of action. When the City Manager or the Chief of Police desires to dismiss a police officer, permanently reduce the rank of a police officer, or suspend a police officer for a period of more than five (5) days, the City Manager or the Chief of Police shall first serve such employee with a written notice of the dismissal, reduction in rank, or suspension. Such notice shall specify one or more reasons or grounds for the action together with such specifications of fact as shall enable the affected employee to present an explanation or defense. A copy of the said notice together with the employee's explanation, if any, shall be filed with the Civil Service Board. (2) Notice of appeal. Any employee under the jurisdiction of the Civil Service Board who has been served notice of a dismissal, permanent reduction in rank, or suspension as set forth in the preceding paragraph may appeal such action to the Civil Service Board. The appellant shall initiate such appeal by filing in writing with the Civil Service Board a notice of appeal within ten (10) calendar days after service of the notice of dismissal, reduction in rank, or suspension. (3) Appointment of complaint review board. Within seven (7) calendar days next following the said notice of appeal, the Civil Service Board shall arrange for the appointment of a Complaint Review Board pursuant to the requirements of Florida Statutes Section 112.532(2) (1977). Within the said seven (7) day period, the Civil Service Board shall advise the Chief of Police and the appellant that they may each select one (1) member of the Complaint Review Board. Within five (5) calendar days thereafter the Chief of Police and the appellant shall advise the Civil Service Board of their

selections. The two (2) members of the Complaint Review Board thus selected shall select the third member of the Complaint Review Board within ten (10) calendar days next following their selection, and shall advise the Civil Service Board of such selection. The third member so selected shall act as Chairman. In the event that any of the three (3) members of the Complaint Review Board are not selected within the prescribed time, the Civil Service Board shall, by majority vote, make an appointment to fill such vacancy. The Complaint Review Board members so selected by the Civil Service Board shall be law enforcement officers selected from any state, county or municipal law enforcement agency within Brevard County other than the City of Indian Harbour Beach. (4) Notice of hearing. The chairman of the Complaint Review Board shall, within ten (10) days of his selection, notify the appellant and the Chief of Police of the date and time of an administrative hearing to be held on the said appeal. The said hearing shall be held not less than fifteen (15) nor more than thirty (30) days from the date of the notice of hearing. The said hearing shall be open to the public unless the appellant upon filing his notice of appeal requests in writing that such hearing be closed. (5) Appeal proceedings. The Complaint Review Board shall hear the evidence upon the charges and specifications as filed with it by the Chief of Police or the City Manager. No material amendments of, or additions to, the said charges or specifications will be considered by the Board. The proceedings of the hearing shall be as informal as is compatible with the requirements of justice. All testimony before the Complaint Review Board shall be under oath, and the chairman of the Board, or his designee, shall administer all oaths. Any willful false swearing on the part of any witness or person giving evidence before the Complaint Review Board shall be deemed to be perjury and shall be punishable in the manner prescribed by law for such offense. In the said hearing the chairman of the Complaint Review Board shall state the general purpose of the hearing and shall read the charges and specifications into the record. The Chief of Police or the City Manager shall present his evidence in support of the charges, and the appellant shall then produce such evidence as he may wish to offer in his defense. The parties may then offer rebuttal evidence in the same sequence. The Complaint Review Board, at its discretion, may hear closing arguments following the presentation of all evidence. The admission of evidence shall be governed by the rules applied by the courts of the State of Florida in civil cases. The Complaint Review Board and the Civil Service Board shall have the power to subpoena and require the attendance of witnesses and the production of pertinent documents. (6) Decision on appeal. The Complaint Review Board shall, within fourteen (14) calendar days next following the said hearing, file its written findings of fact with the chairman of the Civil Service Board. The decision of the Complaint Review Board shall be limited to findings of fact as to whether the appellant is guilty or not guilty of each

specification set forth by the Chief of Police or the City Manager as the reason for the action which was the subject of the appeal. The decision of the Complaint Review Board shall be binding upon the City. If the appellant is found not guilty with respect to all the specifications and charges he shall be reinstated with the police department with full pay retroactive to the date of the notice of action. If the appellant is found guilty with respect to one or more of the specifications and charges, the original penalty imposed by the Chief of Police or the City Manager shall not be affected, overruled or modified. (7) Failure to appear at hearing. If the appellant shall fail to appear, for no good reason, at the time fixed for the hearing, the Complaint Review Board shall hear the evidence and make its findings thereon. If the Chief of Police or the City Manager shall fail to appear at the time fixed for the hearing, and if no evidence be offered in support of his charge or charges, the Complaint Review Board may render judgment as by default or may hear evidence offered by the appellant and render judgment thereon. (8) Resignation pending appeal. The acceptance by the Chief of Police of the resignation of the appellant prior to the filing of the findings of fact by the Complaint Review Board will be considered a withdrawal of both the appeal and the charges and specifications. The separation of the appellant shall, in such event, be documented as a resignation, and all appeal proceedings shall be dismissed without judgment. Any permanent employee who is dismissed for misconduct or who resigns while charges are pending shall not be eligible for re-employment in the Police Department. (E) INITIATION OF ACTION BY CIVIL SERVICE BOARD. The Civil Service Board may receive citizen complaints concerning the Police Department and may initiate any investigation of the Police Department or any of its members by a majority vote to conduct such investigation. In any such investigation, the Civil Service Board shall itself have the power to subpoena and require the attendance of witnesses and the production of documents, and in any such investigation, all testimony shall be taken under oath. Any willful false swearing on the part of any witness or person giving evidence before the Civil Service Board as part of such investigation shall be deemed to be perjury and shall be punishable in a manner provided by law for such offense. In the event that the Civil Service Board determines by majority vote that probable cause exists for disciplinary action against any member of the police department other than the Chief of Police, the Board shall prepare a written statement of the reasons and grounds for such action and shall submit such statement to the Chief of Police and to the City Manager. If the Chief of Police or the City Manager, in response to the said action of the Civil Service Board, dismisses the subject employee, permanently reduces him in rank or suspends him for a period of more than five (5) days, the affected employee shall have the right of appeal pursuant to Subsection (D) of this Section. In the event that the Civil Service Board determines by majority vote that probable cause exists for disciplinary action against the Chief of Police, the Board shall

prepare a written statement of such facts as will enable the City Manager to evaluate the complaints and charges against the Chief of Police. The City Manager shall then have the opportunity to take such disciplinary action against the Chief of Police as he may deem appropriate pursuant to the authority granted him in Section 1 of this Article and Article VI of this Charter. In the event that the Chief of Police or the City Manager fails to respond to the findings of the Civil Service Board with respect to an employee other than the Chief of Police, or in the event that the City Manager fails to respond to the findings of the Civil Service Board with respect to the Chief of Police, the Chairman of the Civil Service Board shall, upon a four-fifths (4/5) majority vote, take further action by serving the affected employee or the Chief of Police with written notice of the allegations and specifications against him, stating such facts as will enable the person subject to such action to present his explanation in defense of the allegations. A hearing by the Civil Service Board shall then be scheduled by the Chairman of the Board, with notices delivered and the hearing conducted within the time limits and according to the procedures set forth in Subsection (D) hereinabove. The Civil Service Board shall, within fourteen (14) days next after completion of said hearing, prepare a written statement of findings of fact and shall submit the same to the City Council. The City Council may take such action as it deems appropriate upon the findings of the Civil Service Board.” REFERENDUM QUESTION 2. 1. An amendment to the City Charter Article XV Section 6 (B) is proposed to make Article XV Section 6 (B) comparable with state law, Chapter 287 of the Florida Statutes, to read as follows:

Sec. 6. - Prohibitions.

… “(B) Competitive bidding. No contract shall be let by the City for any City improvement nor shall any goods, supplies or materials be purchased by the City Manager or his appointed Purchasing Agent, for City purposes or use, when the total amount to be paid therefor by the City shall exceed Three Thousand Dollars ($3,000.00) the Category Two threshold as provided for in Section 287.017 Florida Statutes, as amended from time to time, unless notice thereof shall have first been advertised once a week for at least two (2) weeks, with at least seven (7) days between advertisements, in a newspaper of general circulation in the City of Indian Harbour Beach, calling for bids upon the work to be performed or the goods, supplies or materials to be purchased by the City. All such contracts shall be awarded to, and all such purchases shall be made from, the lowest and best bidder as determined by the Council, provided, however, that the City Manager with the approval of the Council, shall have the power to reject any or all bids and to advertise again.

For improvements or purchases costing in excess of Three Thousand Dollars ($3,000.00) the Category Two threshold as provided for in Section 287.017, as amended from time to time, the Council, by a four-fifths (4/5) vote, may provide for a sole-source acquisition and waive these requirements for competitive bidding.”

… REFERENDUM QUESTION 3. 1. An amendment to the City Charter Article IV Section 3 is proposed to provide that newly elected council members will take office on the first regular City Council Meeting following the election certification by the Brevard County Supervisor of Elections, to read as follows:

“Sec. 3. - Terms of office. Council members shall take office at the first City Council Meeting following the

election certification by the Brevard County Supervisor of Elections a meeting to be held within three (3) days of the date of their election, as hereafter provided. They shall hold office for a term of three (3) years, or until their successors are elected and qualified.

…

REFERENDUM QUESTION 4. 1. An amendment to the City Charter Article IV Section 12 (B) is proposed to provide that proposed ordinances of the City will be read and advertised in accordance with Chapter 166 of the Florida Statutes:

“Sec. 12. - Subject of ordinances and resolutions.

… (B) Proposed ordinances shall be read by title only at the first and second readings of

such proposed ordinance in full on first reading. Proposed ordinances may be read in full or by title on second reading. Each proposed ordinance shall be read on at least two (2) separate days, and shall, at least fourteen (14) days prior to adoption, be noticed once in a newspaper of local circulation. The notice of the proposed enactment shall state the date, time, and place of the meeting; the title or titles of proposed ordinances and the places within the City where such proposed ordinances may be inspected by the public. Said notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinances shall be advertised for a public hearing in accordance with Chapter 166 of the Florida Statutes.”.

…

REFERENDUM QUESTION 5. 1. An amendment to the City Charter Article III Section 3 is proposed to remove the provision relating to the height of weeds and grass from the Charter and to provide for such height by ordinance to read as follows:

“Sec. 3. - [Offensive conditions.]

The presence of garbage, refuse, surface closets, dead animals, trash, waste and unused lumber or other waste material, sawdust or debris of any kind, weeds, or high grass produces and harbors mosquitoes and dangerous reptiles, increases the danger of fires and the spread thereof, and produces unpleasant odors, stenches, smells and is otherwise dangerous to the health, comfort, convenience and general welfare, and the existence of any such condition is hereby declared to be a nuisance. The Council shall have the power and authority to abate such nuisance by requiring the owner of any property to remove therefrom all such garbage, refuse, surface closets, dead animals, trash, waste or other unused lumber, or other waste material, sawdust or debris of any kind, and to cut to a height of not more than four (4) inches from the ground all weeds or grass, and to remove same from said lands as provided by Ordinance”.

REFERENDUM QUESTION 6. 1. An amendment to the City Charter Article V Section 1 to allow candidates for city council to pay a qualifying fee provided by Florida Statutes to qualify to run for city council in lieu of obtaining signatures to read as follows: “Sec. 1. - Qualifying of candidates for office of city council. A. Any elector of the City of Indian Harbour Beach, having the qualifications herein provided for city council members, and desiring to be a candidate for election as a city council member, shall file with the city clerk a qualifying statement in substantially the following form with the signatures of at least one (1) percent of the qualified voters, as certified for the last general election. "I am a candidate for a seat on the city council in the election of ____________ and I agree to serve if I am elected. I am a qualified voter in the State of Florida and have resided in the State of Florida and I have resided in the City of Indian Harbour Beach, or in an area which has been annexed by the City of Indian Harbour Beach, for at least one (1) year immediately preceding my qualifications herein."

Signature of Candidate

The city clerk shall have qualifying forms available for completion by any candidate who may request such a form. Such qualifying statements shall be filed during the qualifying period as established from time to time in the City Code of Ordinances. B. In lieu of the signature requirement in subsection A above, a candidate for the office of city council may pay a qualifying fee as provided by Florida Statute, Section 99.092, as amended from time to time with the submittal of a qualifying statement.

Exhibit B NOTICE OF REFERENDUM ELECTION

CITY OF INDIAN HARBOUR BEACH, FLORIDA

Public notice is hereby given that on November 8th, 2016, the issue of whether the City of Indian Harbour beach shall adopt amendments to its City Charter will be submitted to the qualified electors of the City of Indian Harbour beach and will appear on the same election ballot as a referendum on that date as four separate ballot questions. The City Council of the City of Indian Harbour beach has adopted an ordinance calling the said election and has stated the following reasons for the adoption of the proposed amendments to the Charter: AS TO QUESTION 1: Shall the Charter, Article XIII Section 3, be amended to repeal the Civil Service provision due to conflicts with state law?

AS TO QUESTION 2: Shall the Charter, Article XV Section 6 (B), be amended to make the process of awarding contracts through competitive bidding comparable to state law? AS TO QUESTION 3: Shall the Charter, Article IV Section 3, be amended to provide that newly elected Council Members take office on the first regular Council meeting following the election certification?

AS TO QUESTION 4: Shall the Charter, Article IV Section 12 (B), be amended to provide that ordinances be read and advertised pursuant to Chapter 166 of the Florida Statutes?

AS TO QUESTION 5: Shall the Charter, Article III Section 3, be amended to remove provisions relating the height of weeds and grass and to provide for such height by ordinance? AS TO QUESTION 6 Shall the Charter, Article V Section 1, be amended to allow candidates for city council to pay the fee authorized by Florida Statutes to qualify to run for city council in lieu of obtaining signatures? The places of voting shall be the usual places of voting in the City of Indian Harbour beach during the general election scheduled on November 8, 2016 and the polls shall be open from 7:00 a.m. to 7:00 p.m. on the said date. All duly qualified electors residing within the City of Indian Harbour beach shall be entitled to participate and vote in said referendum election. The ballot containing the questions to be so submitted to the electors shall be in substantially the following form:

Ballot City of Indian Harbour beach, Florida

Question 1. Amendment to the Charter relating to the Civil Service System for Police Officers Shall the Charter, Article XIII Section 3, be amended to repeal the Civil Service provision due to conflicts with state law?

___ Yes ___ No

Instruction to voters: If you are in favor of the adoption of the foregoing amendment to the Charter, mark the space to the left of the word "YES". If you are not in favor of the adoption of the foregoing amendment, mark the space to the left of the word "NO".

Question 2. Amendment to the Charter relating to the process for awarding contracts through competitive bidding. Shall the Charter, Article XV Section 6 (B), be amended to make the process of awarding contracts through competitive bidding comparable to state law? ____ Yes ____ No

Instruction to voters: If you are in favor of the adoption of the foregoing amendment to the Charter, mark the space to the left of the word "YES". If you are not in favor of the adoption of the foregoing amendment, mark the space to the left of the word "NO".

Question 3. Amendment to the Charter relating to the date newly elected Council Members take office. Shall the Charter, Article IV Section 3, be amended to provide that newly elected Council Members take office on the first regular Council meeting following the election certification? ____ Yes ____ No

Instruction to voters: If you are in favor of the adoption of the foregoing amendment to the Charter, mark the space to the left of the word "YES". If you are not in favor of the adoption of the foregoing amendment, mark the space to the left of the word "NO".

Question 4. Amendment to the Charter to provide the reading and advertising of Ordinances pursuant to Chapter 166 of the Florida Statutes. Shall the Charter, Article IV Section 12 (B), be amended to provide that ordinances be read and advertised pursuant to Chapter 166 of the Florida Statutes? ____ Yes ____ No

Instruction to voters: If you are in favor of the adoption of the foregoing amendment to the Charter, mark the space to the left of the word "YES". If you

are not in favor of the adoption of the foregoing amendment, mark the space to the left of the word "NO".

Question 5. Amendment to the Charter regarding the height of weeds and grass. Shall the Charter, Article III Section 3, be amended to remove provisions relating the height of weeds and grass and to provide for such height by ordinance? ____ Yes ____ No

Instruction to voters: If you are in favor of the adoption of the foregoing amendment to the Charter, mark the space to the left of the word "YES". If you are not in favor of the adoption of the foregoing amendment, mark the space to the left of the word "NO".

Question 6. Amendment to the Charter regarding candidate qualifying.

Shall the Charter, Article V Section 1, be amended to allow candidates for

city council to pay the qualifying fee provided by Florida Statutes to qualify to run for city council in lieu of obtaining signatures?

____ Yes ____ No Instruction to voters: If you are in favor of the adoption of the foregoing

amendment to the Charter, mark the space to the left of the word "YES". If you are not in favor of the adoption of the foregoing amendment, mark the space to the left of the word "NO".

City Council Agenda Item Approval for Atlantic Development of Cocoa to Clear and Remove Trees and Brush in the Riverside Park Drive Canal and Reshape and Sod the Canal at a Cost Not to Exceed $13,500 (account #001.1900.541.6310). Meeting Date: July 12, 2016 Staff Recommendation: Approval for Atlantic Development of Cocoa to clear and remove trees and brush in the Riverside Park Drive Canal and reshape and sod the canal at a cost not to excced $13,500 (account #001.1900.541.6310).

Background Information: Public Works Director, Todd Scaldo, has received the attached quotation from Atlantic Development of Cocoa to clear and and remove trees and brush from the canal east of Riverside Park Drive and reshape and sod the canal banks at a cost of $13,400.40. The funding cost for this project is through account number 001.1900.541.6310. These improvements would be sole sourced to this vendor. Article XV, Section 6 (b) of the City Charter requires City Council approval for sole sourced purchases in excess of $3,000.00. Staff Recommendation: Staff would recommend approval for Atlantic Development of Cocoa to clear and remove trees and brush in the Riverside Park Drive canal and reshape and sod the canal at a cost not to excced $13,500.

City of Indian Harbour Beach Staff Report