florida -...

IF A PERSON DECIDES TO APPEAL ANY

DECISION MADE BY THE CITY COUNCIL WITH

RESPECT TO ANY MATTER CONSIDERED AT

SUCH MEETING, HE OR SHE WILL NEED A

RECORD OF THE PROCEEDINGS, AND THAT,

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

CITY OF

INDIAN HARBOUR BEACH

Florida

CITY COUNCIL REGULAR MEETING

DECEMBER 13, 2016

CITY HALL COUNCIL CHAMBER – 7:00 P.M

2055 SOUTH PATRICK DRIVE INDIAN HARBOUR BEACH, FLORIDA 32937

FAX (321) 773-5080

CALL TO ORDER PLEDGE OF ALLEGIANCE SILENT MEDITATION APPROVAL OF MINUTES

Regular Council Meeting Minutes – November 10, 2016 REPORTS

City Manager’s Report City Attorney’s Report Council Comments Public Comments (Agenda Items Only)

UNFINISHED BUSINESS

1) PUBLIC HEARING – SECOND READING – ORDINANCE NO. 2016-11 UPDATING THE COMPREHENSIVE PLAN OF THE CITY AND UPDATING THE CAPITAL IMPROVEMENTS ELEMENT

ORDINANCE NO. 2016 - 11

AN ORDINANCE OF THE CITY OF INDIAN HARBOUR BEACH, BREVARD COUNTY, FLORIDA, UPDATING THE COMPREHENSIVE PLAN OF THE CITY; UPDATING THE CAPITAL IMPROVEMENTS ELEMENT BY UPDATING POLICY CI-7.1

REGARDING THE YEARLY ADOPTION OF THE BREVARD COUNTY SCHOOL DISTRICT’S FIVE-YEAR WORK PROGRAM, (FY 2016-17 THROUGH FY 2020-21); UPDATING THE CAPITAL IMPROVEMENT ELEMENT BY UPDATING THE SCHEDULE OF CAPITAL IMPROVMENTS (FY 2016-17 THROUGH FY 2020-21) TO INCLUDE THE BREVARD COUNTY SCHOOL DISTRICT’S FIVE-YEAR WORK PROGRAM AND ITS PROJECTED COSTS AND PROJECTED REVENUES AND THE YEARLY CITY EXPENDITURES FOR DRAINAGE AND RECREATION IMPROVEMENTS ; AND UPDATING SECTIONS WHICH ARE REQUIRED TO MAINTAIN INTERNAL CONSISTENCY WITH THESE CHANGES; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.

2) CONDUCT A PUBLIC HEARING AND APPROVE ON SECOND

READING OF ORDINANCE NO. 2016-10 AMENDING ARTICLE XV, SECTION 2 (C), OF APPENDIX A OF THE CODE OF ORDINANCES (ZONING CODE), OFF STREET PARKING AND LOADING REGULATIONS, AMENDING THE PARKING SPACE DESIGN STANDARDS ALLOWING FOR THE USE OF PAVER STONES IN PUBLIC SIDEWALKS

ORDINANCE 2016-10

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; AMENDING THE REGULATIONS FOR THE USE OF PAVER STONES IN PUBLIC SIDEWALKS; PROVIDING SEVERABILITY, REPEAL, CODIFICATION AND AN EFFECTIVE DATE.

NEW BUSINESS

1) APPROVAL OF RESOLUTION NO. 677, RATIFYING THE OUTCOME OF THE NOVEMBER 8, 2016 GENERAL ELECTION

2) APPROVAL OF BUDGET AMENDMENT FOR 2016 REAL ESTATE TAXES FOR PROPERTY PURCHASED VIA BANKRUPTCY AUCTION (JUNE 2016)

3) REVIEW AND MODIFY, IF NECESSARY, AND APPROVE THE ATTACHED 2017 LEGISLATIVE PLATFORM

4) ADVISABILITY TO DEVELOP AN EXTENDED HOURS PERMIT ORDINANCE

PUBLIC FORUM

ADJOURN

MEMORANDUM December 7, 2016

TO: The Honorable Mayor and City Council FROM: Mark K. Ryan, City Manager SUBJECT: December 13, 2016 The following is my report for council’s regular meeting of December 13, 2016 On behalf of the talented and dedicated professional staff here at Indian Harbour Beach, I

would like to wish you and your families a happy, safe, and blessed Christmas, and a

joyous New Year! A. ACTION ITEMS

1 . FY 2016 Budget True-up

In preparing for the conclusion of FY 2016 it is necessary to present for your approval modifications of previously approved projects.

Muck Removal Assessment, approved 03/22/16 in the amount of $26,000. Phase 1 of

this project is complete and we are releasing $4,525 of committed funds. Marion Street Seawall, approved 01/12/16 in the amount of $78,462.12. In order to

properly complete this construction, it was necessary to add $1.991.55 for additional fill dirt.

PD/Council Chambers A/C, approved 04/12/16 in the amount of $25,000 and we are releasing $16,132.44

Re-writing of Municipal Policies, approved 04/26/16 in the amount of $7,500. These funds were approved in an effort to recruit an intern from colleges to re-write municipal policies. We were unsuccessful recruiting an intern and are currently using a lifeguard, with a legal background, during the Gleason Park swimming pool repairs and resurfacing to re-write the personnel policies and we are releasing these funds.

Jamestown Development/Palm Springs Blvd., approved 04/26/16 in the amount of $18,500 pending verification the pipe is in a public easement and the city’s maintenance responsibility. The funds are being released due to the lack of a public easement or verification of the city’s maintenance responsibility.

Picnic Tables from American Recycled Plastics, approved 05/10/16 in the amount of $3,800 and we are releasing $44.00 of these committed funds.

Gleason Park Swimming Pool Chiller and Heater, approved 09/06/16 in the amount of $35,700. This purchase exceeded the approved amount by $156.00.

The combined addition and release of committed funds cited above will return $48,553.64 to the city’s General Fund Reserves.

December 13, 2016 -2- City Manager’s Report Regular City Council Meeting

12/7/16 11:42 AM

2. Personnel Within the Police Department, the second highest ranking position is that of Police

Lieutenant. Our community promoted Ralph Garcia to this position in April 2015. Lt. Garcia has significantly supplemented the leadership role of Chief Butler as they manage a twenty-nine (29) member department and a $3M operating budget. He is actively managing various operations, including, but not limited to, communications, administration, and internal affairs.

Lieutenant Garcia has a four-year degree, attended various leadership programs, including

one by the FBI for Leaders in Law Enforcement, and truly serves as the second in command of the largest department of the city. As such, Chief Butler is proposing to promote Lieutenant Garcia to the rank of Commander. In other agencies throughout Brevard County the second in command of the Police Department can be a Commander, a Major, or a Deputy Chief of Police.

The position of Police Commander exists in the city’s personnel system, Pay Grade 28

($65,806.26 - $102,657.84), however, this position was not part of the FY 2016-2017 Budget you approved in September. City personnel policies provide that an employee upon promotion will go to the minimum of the salary range or a 5 percent increase in salary, whichever is greater. Concurrent with the promotion Commander Garcia would become an exempt salaried employee, and have a 2080-hour work schedule versus 2184 hours. Therefore, to achieve the salary adjustment with this promotion, we are requesting deviation from the personnel policies to provide a 10% wage adjustment with this promotion.

3. Advisability to Increase City Council Expense Stipend As you are aware, in accordance with the City Charter the City Council serves without a

salary. However, City Council Members receive a monthly expense stipend. The last time this stipend was increased was in 2008. Since that time the Consumer Price Index has increased by 10.8%. Therefore, I am requesting advisability to increase the monthly stipend a minimum of $25 per month and a maximum of $50 per month.

B. INFORMATIONAL ITEMS

1. Indian Harbour Beach Art Show

On Saturday, November 19th, your Indian Harbour Beach Recreation Department, led by Kristin Cusimano, Recreation Director, and her amazing team hosted the largest Art Show in the history of our city. Over one-hundred (100) vendors showcased their wares as thousands of visitors enjoyed a gorgeous day in our beautiful Gleason Park. Big thank you to our phenomenal IHB Volunteer Fire Department who manned the hamburger and hot dog and t-shirt booth, as well as our awesome Police Department who hosted a community outreach booth. Congratulations to everyone who made this event a success!


12/7/16 11:42 AM

2. Cancellation of the December 20, 2016 Regular City Council Meeting Unless directed otherwise, I am cancelling the December 20, 2016 Regular Meeting in observance of the Christmas holiday.

3. Revenue and Expenditure Report (October 2016) In accordance with Article VI, Section 4 (H) of the Charter of the City of Indian Harbour Beach, I am including in this agenda package a copy of the Revenue and Expenditure Report for the period ending October 31, 2016.

4. Gleason Park Swimming Pool Repair and Resurfacing Update

On Monday, November 14th Spies Pool LLC commenced work on the repair and resurfacing of the Gleason Park swimming pool. The contractor is progressing quite well on this project with draining, removing tile and the finish down to the original concrete, and grinding of the pool deck, tiling, and acid washing the same. As of this writing, we don’t foresee any issues in completing this project within the contractual time period.

5. 2016 Christmas in the Park, Friday, December 16th We hope you will save the date of Friday, December 16, 2016 for our annual Christmas in the Park. Ms. Kristin Cusimano, Recreation Director, has an exciting evening of holiday joy planned in Gleason Park. Todd Scaldo, Public Works Director, and his team members and Ms. Cusimano and her team will have an elegant display of decorations within the park.

6. December 2016 Space Coast League of Cities Dinner

The Space Coast League of Cities will hold their December and Holiday Dinner Meeting on Monday, December 12, 2016 at the Cocoa Civic Center. Staff will be providing the requested food and/or gift donation to assist residents of Cocoa in need of support this holiday season.

7. 2016 IHB Employee Holiday Luncheon On Thursday, December 22, 2016, the city will hold our annual employee Christmas Luncheon. This luncheon will begin at 12:00 p.m. at the Community Center in Gleason Park. Lunch will be catered by Charlie and Jakes BBQ Restaurant.

8. City Day Award In 2014, I initiated a program of awarding our employees, exclusive of the City Manager, a City Day affording the employee 8 hours of paid leave to be taken, with prior supervisory approval, before December 23rd of each year. Unless directed otherwise, I will be continuing this program and award this card at our Christmas luncheon.


12/7/16 11:42 AM

9. SR A1A Resurfacing Project The Florida Department of Transportation began the SR A1A Resurfacing project (Pineda Causeway to 5th Avenue) in August of this year. The contractor for the project, MASCI General Contractors has resurfaced the travel lanes south of Eau Gallie Blvd. and has commenced sidewalk, bus stop pads, and utility work north of that corridor. Major work on SR A1A in our community is anticipated to commence in January.

10. 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 and each year thereafter. The law specifies that the four hours be taught with these components:

Two hours of Florida Ethics Law (Chapter 112, Florida Statutes) One hour of Open Meetings (Chapter 286, Florida Statutes) One hour of Open Records (Chapter 119, Florida Statutes).

Each officer should keep records of attendance and be prepared to attest to compliance with the law on their Financial Disclosure form, filed with the Commission on Ethics, the year following attendance. The Commission on Ethics advises that each individual elected official keep records of any courses completed, events attended or tutorials viewed for their files (make a note of date, time and place that the training was viewed, as well as any related materials). If you did not attend the August 2016 training in Satellite Beach, you must complete this training by December 31, 2016. You can visit the Ethics Page on the Florida Commission on Ethics website. This website offers several video and audio tutorials that may be viewed for free. The 4-hour video meets the requirements of Chapter 112, Florida Statutes.

11. Local Government Planning Officials' Training Event January 20, 2017

The Atlantic Coast Section of the Florida Chapter of the American Planning Association will hold a Local Government Planning Officials’ Training event on Friday, January 20, 2017 in Titusville. This all day training is designed for City Mayors and City Council members, County Commissioners, City Managers and Clerks, and other board members to include the Planning & Zoning Board. If you desire to participate in this training, please contact Shauna Hume, Executive Assistant by COB on January 6, 2017. The city will pay your registration fee for this training.

12. Hurricane Matthew Debris Removal Update Brevard County’s debris removal contractor, Crowder Gulf has virtually completed the second pass of vegetative debris removal and the C & D debris removal in our community. On December 5th I traveled every street in the community and determined over 92% of the streets in our community have been serviced. We have provided Brevard County with a list of remaining streets or missed collection spots.


12/7/16 11:42 AM

Staff believes that the remaining areas will be collected by COB on December 9th. Therefore, Staff has made a request to Waste Management that they commence normal solid waste collection and disposal operations on Monday, December 12, 2016.

a. Special Meetings

NA b. Upcoming Events

Christmas in the Park – Gleason Park Friday, December 16, 2016 at 6:00 p.m. City Council Meeting Cancellation Tuesday, December 20, 2016 Christmas Holidays City Hall Closed –Friday, December 23rd and

Monday, December 26th New Year’s Holiday City Hall Closed, Monday, January 2, 2017

City Council Agenda Item Public Hearing and Second Reading of Ordinance No. 2016-11 Updating the Comprehensive Plan of the City and Updating the Capital Improvements Element Meeting Date: December 13, 2016 Staff Recommendation: Conduct a Public Hearing and Approve on Second Reading Ordinance No. 2016-11 Annual Update of the City of Indian Harbour Beach Five Year Capital Improvement Program of the Capital Improvements Element of the Comprehensive Plan

Background Information: Florida Statutes Section 163.3177(3)(b), requires the City’s Five Year Capital Improvement Program of the Capital Improvements Element (CIE) be updated annually. All local governments are required to include a Capital Improvements Element (CIE) in the Comprehensive Plan that considers the need for and location of public facilities and provides “a component that outlines principles for construction, extension, or increase in capacity of public facilities, as well as a component that outlines principles for correcting existing public facility deficiencies, which are necessary to implement the comprehensive plan.” The planning period for this element is five years. Included in this agenda is a copy of the annual report from Mr. Ed Washburn, Planning and Zoning Consultant for this update. Mr. Washburn’s report outlines the data and analysis for services benchmarked to a level of service within the Comprehensive Plan. Additionally, this report summarizes the schedule of Capital Improvements proposed related to maintaining the required level of service for these public facilities. On November 2, 2016, the Planning and Zoning Board voted 5-0 to recommend adoption of the Updated Capital Improvement Element with the addition of language providing for the development of athletic fields at the Algonquin Sports Complex. Staff Recommendation: Staff recommends conducting a Public Hearing and approving on Second Reading of Ordinance No. 2016-11 Annual Update of the City of Indian Harbour Beach Five Year Capital Improvement Program of the Capital Improvements Element of the Comprehensive Plan.

City of Indian Harbour Beach Staff Report

CITY OF INDIAN HARBOUR BEACH, FLORIDA ORDINANCE NO. 2016 - 11

AN ORDINANCE OF THE CITY OF INDIAN HARBOUR BEACH, BRE-VARD COUNTY, FLORIDA, UPDATING THE COMPREHENSIVE PLAN OF THE CITY; UPDATING THE CAPITAL IMPROVEMENTS ELEMENT BY UPDATING POLICY CI-7.1 REGARDING THE YEARLY ADOPTION OF THE BREVARD COUNTY SCHOOL DISTRICT’S FIVE-YEAR WORK PROGRAM, (FY 2016-17 THROUGH FY 2020-21); UPDATING THE CAPI-TAL IMPROVEMENT ELEMENT BY UPDATING THE SCHEDULE OF CAPITAL IMPROVMENTS (FY 2016-17 THROUGH FY 2020-21) TO IN-CLUDE THE BREVARD COUNTY SCHOOL DISTRICT’S FIVE-YEAR WORK PROGRAM AND ITS PROJECTED COSTS AND PROJECTED REVENUES AND THE YEARLY CITY EXPENDITURES FOR DRAINAGE AND RECREATION IMPROVEMENTS ; AND UPDATING SECTIONS WHICH ARE REQUIRED TO MAINTAIN INTERNAL CONSISTENCY WITH THESE CHANGES; PROVIDING FOR CONFLICTS, SEVERABIL-ITY AND AN EFFECTIVE DATE.

WHEREAS, the City Council of the City of Indian Harbour Beach, in 1988, adopted the Compre-hensive Plan for the City in accordance with Florida Statutes; and WHEREAS, the City Council updated and amended the Comprehensive Plan in 1999 and 2010; and WHEREAS, the City Council has identified, through the signing of the Interlocal Agreement for Public School Facility Planning and School Concurrency, changes and amendments necessary to be made to the Comprehensive Plan; and WHEREAS, Section 163.3177(3)(b), Florida Statues, requires that local governments review and update the Capital Improvements Element on an annual basis; and WHEREAS, the City has prepared the necessary data and analysis that meet the requirements of Section 163.3177, Florida Statutes; and WHEREAS, the City’s Local Planning Agency on November 2, 2016 held a duly noticed public hearing on the proposed changes and made recommendations to the City Council; and WHEREAS, a public hearing on the proposed amendments hereinafter described was duly adver-tised and held by the City Council of the City of Indian Harbour Beach on December 13, 2016 and at such hearings interested parties commenting on the proposed plan amendments were heard; and

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WHEREAS, the City of Indian Harbour Beach and its Local Planning Agency have complied with the requirements of the Community Planning Act in preparing and noticing these proposed changes to the Comprehensive Plan; and WHEREAS, the proposed changes to be adopted by this Ordinance comply with the statutory and regulatory requirements of the aforesaid Act. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Indian Harbour Beach, Brevard County, Florida that: SECTION ONE: This ordinance is adopted in conformity with and pursuant to the Community Planning Act of the Florida Statutes. SECTION TWO: Changes to the City of Indian Harbour Beach Comprehensive Plan hereinafter described are hereby adopted and approved. SECTION THREE: UPDATE TO THE TEXT OF THE CAPITAL IMPROVEMENTS ELEMENT Update the City of Indian Harbour Beach’s Comprehensive Plan Goals, Objectives and Policies, Section VIII, Capital Improvements, by changing Policy CI-7.1 as follows: Policy CI-7.1: By December of each year, the City shall adopt as part of its Capital Im-provement Element the School Board of Brevard County’s Five-Year Work Program. The City hereby adopts by reference the School Board of Brevard County’s Five-Year Work Program for the planning period 2016-17 through 2020-21, the School District Program approved on October 25, 2016 as part of the School District budget, including planned facilities and funding sources to ensure a financially feasible capital improvements program and to ensure the level of service standards will be achieved by the end of the five-year period. This Program includes the latest School Board Data and Analysis which includes the latest Tiered LOS Standards for the Planning Period. SECTION FOUR: TEXT CHANGE TO THE CAPITAL IMPROVEMENT ELEMENT RELATED TO THE FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS (FY2016-17 - 2020-21) Update the Comprehensive Plan Goals, Objectives, and Policies, Section VIII, Capital Improve-ments by updating the schedule of five-year improvements to include the Brevard County School District’s Five-Year Work Program by reference and the yearly expenditures for drainage and recreation improve-ments attached hereto as Exhibit A and based on the data and analysis as shown in Exhibit B. SECTION FIVE: The City Manager is hereby authorized and directed to forward these adopted Comprehensive Plan changes to the Florida Department of Economic Opportunity. SECTION SIX: CONFLICTS. Any and all Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflicts. SECTION SEVEN: SEVERABILITY. If any provisions of this Ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or

3

applications of the Ordinance which can be given effect without the invalid provision or application, and to this and the provision of this Ordinance are declared severable. SECTION EIGHT: EFFECTIVE DATE. These Comprehensive Plan changes shall become ef-fective on the date of the adoption of this ordinance. ________________________________ DAVID A. PANICOLA, MAYOR ATTEST: __________________________________ DEBORAH MALISKA, CMC CITY CLERK First Reading: November 10, 2016 Second Reading: December 13, 2016

City Council Agenda Item Conduct a Public Hearing and Approve on Second Reading of Ordinance No. 2016 – 10 Amending Article XV, Section 2 (c), of Appendix A of the Code of Ordinances (Zoning Code), Off Street Parking and Loading Regulations, Amending the Parking Space Design Standards Allowing for the Use of Paver Stones in Public Sidewalks Meeting Date: December 13, 2016 Staff Recommendation: Conduct a Public Hearing and Approve on Second Reading of Ordinance No. 2016 – 10 amending Article XV, Section 2 (c), Off Street Parking and Loading Regulations of Appendix A of the Code Of Ordinances (Zoning Code) amending the parking space design standards allowing for the use of paver stones in public sidewalks. Background Information: ____________________________________________________________________ In July 2015, the City Council had a discussion regarding whether to allow paver stone driveways to flow through the municipal sidewalks to the edge of pavement and/or curb line. At that meeting the City Council discussed that removing a municipal concrete sidewalk and replacing the same with paver stones, while aesthetically pleasing, increases the city’s liability exposure for trips and falls. Additionally, it was pointed out there are no assurances of maintenance of the paver stone side walk or that subsequent homeowners or tenants would be on notice for their maintenance requirements of a paver stone sidewalk.

Therefore, City Council adopted a policy that prohibits the removal of a municipal sidewalk and replacing the same with paver stones. However, the City Council authorized the use of stamped concrete for the municipal sidewalks. In June 2016 the City Council heard a request from a citizen to reconsider the prohibition of paver stones in lieu of the traditional concrete municipal sidewalks. The City Council


directed staff to proceed with preparing an ordinance to allow, under certain conditions, paver stones through public sidewalks. Currently, Article XV, Section 2 (C), Appendix A of the Code of Ordinances (Zoning Code), regulates Off Street Parking including the prohibition of the use of paver stones in sidewalks. The attached Ordinance No. 2016-10, amends this section of the Zoning Code allowing paver stones in public sidewalks under certain terms and conditions. As this ordinance amends the Zoning Code, the Planning and Zoning Board (Article XIX of Appendix A of the Code of Ordinances) is required by code to make a recommendation to the City Council on this amendment. The Planning and Zoning Board voted 5-0 to recommend approval of Ordinance No. 2016-10. Staff Recommendation: Conduct a Public Hearing and Approve on Second Reading of Ordinance No. 2016 – 10 amending Article XV, Section 2 (c), Off Street Parking and Loading Regulations of Appendix A of the Code Of Ordinances (Zoning Code) amending the parking space design standards allowing for the use of paver stones in public sidewalks.

ORDINANCE 2016-10

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; AMENDING 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. Paver stones shall be permitted only in required public sidewalks of

single family detached homes.

2. 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.

3. As a part of the Right-of-Way Use Permit the property owner shall

execute a Right of Way Use Agreement, provided by the City, covering, at

a minimum, the following: (i) notice of maintenance and repair

responsibility; insurance responsibility and notice to subsequent property

owners contained within the permit (ii) binding effect of the agreement; (iii)

utility locate provisions; and (iv) cost for repair and replacement of pavers,

utilities, and other damages in the affected area shall be borne by the owner

of the property. This permit agreement shall be recorded, at the expense of

the applicant, 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 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.

4. Paver stones in the area of the required sidewalk must be no smaller

than 2 inches in thickness and 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 PANICOLA, MAYOR

ATTEST:

_________________________________

DEBORAH MALISKA, CITY CLERK

First Reading: Thursday, November 10, 2016

Second Reading: Tuesday, December 13, 2016

City Council Agenda Item Approval of Resolution No. 677, Ratifying the Outcome of the November 8, 2016 General Election

Meeting Date: December 13, 2016 Staff Recommendation: Approval of Resolution No. 677, Ratifying the Outcome of the November 8, 2016 General Election

Background Information: On November 8, 2016, the City of Indian Harbour Beach held a referendum election for four proposed amendments to the municipal charter, outlined as follows. Charter Amendment #1- Repeals Article XIII, Section 3 related to the civil service provisions due to conflicts with state law. Charter Amendment #2- Amends Article IV, Section 3 providing 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. Charter Amendment #3- Amends Article III, Section 3 to remove provisions relating to the height of weeds and grass and provide such height restrictions by ordinance. Charter Amendment #4- Amends Article V, Section 1 to allow candidates the option to pay a qualifying fee to run for city council in lieu of obtaining signatures. Charter Amendments #1, #2, and #3 was approved by the voters of Indian Harbour Beach. Charter Amendment #4 was rejected. Additionally, City Council Seat #4 candidate, Frank Guertin, and Seat #5 candidate, Scott Nickle were unopposed; therefore, they are officially declared elected without opposition. This resolution ratifies the results of the November 8th General Election and accepts the Certificate of the Brevard County Canvassing Board.

Staff Recommendation: Approval of Resolution No. 677, Ratifying the Outcome of the November 8, 2016 General Election.


RESOLUTION NO. 677

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

INDIAN HARBOUR BEACH, BREVARD COUNTY, FLORIDA,

REPORTING THE OUTCOME OF THE GENERAL

MUNICIPAL ELECTION CONDUCTED NOVEMBER 8, 2016;

DECLARING THE RATIFICATION OF THE 2016 MUNICIPAL

CHARTER AMENDMENTS #1, #2, AND #3 AND THE

REJECTION OF MUNICIPAL CHARTER AMENDMENT #4 BY

THE VOTERS OF THE CITY; DECLARING THE

CANDIDATES OF CITY COUNCIL SEATS #4 AND #5

ELECTED WITHOUT OPPOSITION; ACCEPTING THE

CERTIFICATE OF THE BREVARD COUNTY CANVASSING

BOARD; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, a General Municipal Election was held on November 8, 2016 requesting

approval by the voters of Indian Harbour Beach of City Charter Amendments #1, #2, #3, and #4;

and

WHEREAS, Charter Amendment #1 repeals Article XIII, Section 3 related to the civil

service provisions due to conflicts with state law; and

WHEREAS, Charter Amendment #2 amends Article IV, Section 3 providing 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; and

WHEREAS, Charter Amendment #3 amends Article III, Section 3 to remove provisions

relating to the height of weeds and grass and provide such height restrictions by ordinance; and

WHEREAS, Charter Amendment #4 amends Article V, Section 1 to allow candidates the

option to pay a qualifying fee to run for city council in lieu of obtaining signatures; and

WHEREAS, the Brevard County Canvassing Board has issued an Official Certificate of

Canvassing Board, which certifies the following vote total:

Charter Amendment #1 Civil Service For Amendment: 3,828

Against Amendment: 1,083

Charter Amendment #2 Election

Certification

For Amendment: 4,153

Against Amendment: 863

Charter Amendment #3 Height of

Grass & Weeds

For Amendment: 3,869


Charter Amendment #4 Qualifying Fee For Amendment: 2,466


WHEREAS, the City Council Seat #4 candidate, Frank Guertin, and Seat #5 candidate,

Scott Nickle were unopposed; therefore, they are officially declared elected without opposition.

THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF INDIAN

HARBOUR BEACH, BREVARD COUNTY, FLORIDA, AS FOLLOWS:

SECTION 1. That pursuant to the vote total as certified by the Brevard County

Canvassing Board, and pursuant to City Council Seats #4 and #5 being unopposed, the City Charter

Amendments #1 (Repeal of Civil Service Board Provisions), #2 (Election Certification), and #3

(Height of Grass & Weeds) are hereby ratified and incorporated into the Charter of the City of

Indian Harbour Beach.

SECTION 2. That pursuant to the vote total as certified by the Brevard County Canvassing

Board being unopposed, the City Charter Amendments #4 (Qualifying Fee) was defeated in the

referendum election.

SECTION 3. That the official Certification of county Canvassing Board is attached to this

resolution.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Indian Harbour

Beach, Brevard County, Florida, the 13TH day of December, 2016.

______________________________

DAVID A. PANICOLA, MAYOR

ATTEST:

______________________________

DEBORAH MALISKA, CITY CLERK

City Council Agenda Item Approval of a Budget Amendment for 2016 Real Estate Taxes for Property Purchased via Bankruptcy Auction (June 2016) Meeting Date: December 13, 2016 Staff Recommendation: Approval of a Budget Amendment for 2016 real estate taxes for property purchased via Bankruptcy Auction (June 2016) and Hurricane Matthew disaster preparation and overtime expenses

Background Information: You will recall the city was the successful bidder for 3.31 acres of land on South Patrick Drive, north of South Patrick Hardware, in May 2016. This was a bankruptcy auction, the property was sold as is, without contingencies, and required approval of the Bankruptcy Court. We acquired this property at 41.7% of the market value ($450,000), according to the Brevard County Property Appraiser, plus a buyer’s premium ($45,000) for a total cost of $495,000 or 45.85% of the market value, exclusive of closing costs. The 2016 Property Taxes and Solid Waste fees from January 1, 2016 until closing in June 2016 are not eligible for proration and, therefore, are the responsibility of the city. A budget amendment in the amount of $12,638 is necessary for the payment of these taxes and fees. Staff Recommendation: Approval of a Budget Amendment for 2016 Real Estate Taxes for property purchased via Bankruptcy Auction (June 2016)


City of Indian Harbour Beach, FloridaBudget Transfer/Amendment Form

Source of FundsAccountNumber

Description Expenditure Revenue BA/BT Comments

751

11,887

001‐1900‐394.0000 Prior Year Income 12,638

12,638 12,638

ComptrollerApproval: Date:

CMApproval: Date:

Miscellaneous Expense001‐1900‐519.4930Reserves BA

Ad Valorem Taxes that were not collected at time of sale from seller of South Patrick Drive Property (Auction Sale)

Council Approval Date:

TOTAL

City Council Agenda Item Review and Modify, if Necessary, and Approve the Attached 2017 Legislative Platform Meeting Date: December 13, 2016 Staff Recommendation: Review and modify, if necessary, and approve the attached 2017 Legislative Platform.

Background Information: Many cities adopt an annual Legislative Platform to provide input to their Legislative Delegation on issues important to their community. The 2017 Florida Legislature will convene on Tuesday, March 7, 2017 and is scheduled to end the Regular Session on Friday, May 5, 2017. In advance of the 2017 Legislative Session the House and Senate Committees will meet to examine various bills presented by Legislators. Additionally, local Legislative Delegations will meet to obtain input from the local communities on issues important to the community, including presentations by local governments on their respective Legislative Platforms. I have taken the liberty of drafting the attached 2017 Legislative Platform for the City of Indian Harbour Beach. I would ask that you review this DRAFT Platform, modify, if necessary, and adopt a 2017 Legislative Platform. Following adoption of the 2017 Legislative Platform we will present this document to the Brevard County Legislative Delegation at their December 16, 2016 meeting.

Staff Recommendation: Staff recommends the review and modification, if necessary, and approval of the attached 2017 Legislative Platform.


2017 Legislative Platform

The City of Indian Harbour Beach commends Governor Rick Scott and the Florida Legislature for recognizing the ecological and economic importance of the Indian River Lagoon. Through the efforts of the Governor and the Legislature we have initiated the much needed dredging of harmful muck in various portions of the lagoon. But more is needed. The citizens of our community and all of Brevard County all realize the importance of the lagoon and sincerely thank you for providing state appropriations to help restore this valuable resource. We hope you will continue this effort as the citizens recognize the importance of having skin in the game and have overwhelmingly voted to implement a local option sales tax to restore their lagoon.

As you are aware, Florida Statutes Chapter 386.209 provides that the regulation of smoking is preempted to the State of Florida. More particularly this statute reads as follows:

FS 386.209 Regulation of smoking preempted to state —This part expressly preempts regulation of smoking to the state and supersedes any municipal or county ordinance on the subject; however, school districts may further restrict smoking by persons on school district property.

The youth of our community currently play on playgrounds or athletic fields with inconsiderate adults smoking around these children providing them with unhealthy secondhand smoke. The current law prohibits municipalities and counties from setting up a reasonable smoke-free zone for our young people to enjoy playing on public playgrounds, athletic fields, or watching a sibling play youth sports on such athletic fields. Therefore, we would urge an amendment to FS. Chapter 386.209 to read as follows:

F.S. 386.209 Regulation of smoking preempted to state —This part expressly preempts regulation of smoking to the state and supersedes any municipal or county ordinance on the subject; however, school districts may further restrict smoking by persons on school district property, and cities and counties may establish a smoke-free zone within the boundaries of a public park.

The preservation of Home Rule is essential to the operation of municipal and county governments in Florida. Decisions relative to how local governmental operate, what type of funding should be provided for services, and how local governmental meetings are conducted should be made at the local level. The City of Indian Harbour Beach supports the preservation of home rule power for municipalities and counties.

Elections for municipal officials are conducted in accordance with locally voted upon municipal charters, with each charter unique to their city with voter approval on when to elect their municipal representatives and for the duration of his or her term of office. The City of Indian Harbour Beach opposes any legislation that restricts a municipality’s

Home Rule to set municipal elections and the terms of office in accordance with the municipal charter voted and approved by the voters of the city.

The City of Indian Harbour Beach supports legislation that protects general revenues collected from the communications services tax and the local business tax. These revenues are used to provide essential municipal services, such as public safety and constructing and maintaining roads and bridges, public parks and open spaces. Maintaining a diversified revenue base strengthens the fiscal stability of local governments and improves their ability to serve citizens and businesses.

The City of Indian Harbour Beach supports legislation amending the Consultants’ Competitive Negotiation Act (CCNA) statute that would allow selecting agencies to obtain cost proposals from the professional service provider and allow the cost of the service to be one of the components in selecting the firm to provide the professional service.

The City of Indian Harbour Beach supports maintaining municipal authority to apply zoning and land development regulations to oil and gas operations proposed within municipal boundaries and supports maintaining municipal authority to prohibit the issuance of any oil or gas permit.

City Council Agenda Item Advisability to Develop an Extended Hours Permit Ordinance Meeting Date: December 13, 2016 Staff Recommendation: Advisability to develop an extended hours permit ordinance

Background Information: During the November 10, 2016 Zoning Board of Appeals (BOA) deliberations of Special Exception SE 2016-01, the City Council, acting as the BOA, was presented with information related to a possible regulation related to alcoholic beverage establishments, known as an Extended Hours Permit, to protect adjoining properties from possible impacts, including, but not limited to, off-street parking, noise, loitering and vandalism attributed to the establishment. Please note, there currently are no licensed establishments within the city that would necessitate a regulation of this nature. However, I am seeking direction on whether to prepare an ordinance implementing Extended Hours Permits in Indian Harbour Beach. The cities of Winter Park, Ft. Lauderdale, and Titusville have adopted an ordinance related to the hours of sale of alcoholic beverages. The ordinances these communities have adopted would prohibit alcoholic beverage sales after 11:00 p.m. However, vendors who desire to sell, serve, and consume alcoholic beverages after 11:00 p.m. could apply and obtain an extended hours operating permit. The extended hours permit is similar to the current regulation, which in our community is 2:00 a.m. These ordinances provide a process and procedure for the possible suspension of the extended hours of operation through a due process hearing before the City Council. The due process hearing would require the vendor to receive X number of notices of violation within three (3) consecutive months. Violations can include:


• off-street parking in adjacent residential areas that can be traced to the vendor

• law enforcement activities on the vendor’s property during the extended hours period, including sale of controlled substances, allowing underage drinking, violation of open container laws on property, and loitering by intoxicated individuals

• Complaints by the Police Department arising from adverse effects extra hours of operations have on neighboring properties and traceable to the vendor’s operation, including noise, parking, vandalism, generation of trash or garbage, loitering by intoxicated persons or exterior lighting on neighboring properties.

• Violation by the vendor of the conditions of any special exception grant for operation

• Violation of occupancy loads by the vendor • Violation by the vendor of any other municipal, state, or federal law. Examples of penalties for violating the extended hours permit requirements may be as follows: • First Offense – suspension of extended hours permit one (1) to thirty (30)

days • Second Offense – suspension of extended hours permit thirty (30) to ninety

(90) days • Third Offense – suspension of extended hours permit sixty (60) to one-

hundred (120) days • Fourth Offense – revocation of the extended hours permit

Staff Recommendation: Discuss and provide staff direction on whether to prepare an Extended Hours Permit ordinance.

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