council meeting 9-9-2020 - indianharbourbeach.org...1 day ago · APPROVAL OF MINUTES . The consensus of Council was to approve the minutes from the Special Called Council Meeting

As per City adopted Council Chamber Indian Harbour Beach City Hall guidelines the Chamber is a campaign 2055 South Patrick Drive free zone For more information please Indian Harbour Beach FL 32937 see the placard on the back wall andor (321) 773-3181 (Phone) contact the City Clerk (321) 773-5080 (Fax)

CITY COUNCIL REGULAR MEETING AGENDA

WEDNESDAY SEPTEMBER 9 2020

CITY HALL COUNCIL CHAMBER ndash 700 PM

The City of Indian Harbour Beach City Council will hold a public meeting at which all persons are invited on Wednesday September 9 2020 at 700 pm Due to COVID-19 social distancing requirements this meeting will be a combination of in-person and Communications Media Technology during the Declared State of Emergency by Florida Governor Ron DeSantis (Executive Order 20-51) and authorized via Executive Order 20-69 The Indian Harbour Beach City Hall Council Chamber will have limited socially distanced seating In-person speaking will be permitted

The City will utilize the GoToMeeting platform for this meeting The public can view the meeting

online at httpsglobalgotomeetingcomjoin350130525 and may listen via phone at 1 (224)

501-3412 and entering conference room number 350-130-525 This telephone number will allow the public to listen to the meeting Public comments may also be provided in written form by emailing the comments to citizeninputindianharbourorg no later than 1200 noon on Wednesday September 9 2020 Copies of written comments will be distributed to the Mayor and City Council

CALL TO ORDER

PLEDGE OF ALLEGIANCE FOLLOWED BY A MOMENT OF SILENT MEDITATION

APPROVAL OF MINUTES

1 Regular Council Meeting minutes from August 25 2020

REPORTS

2 City Managerrsquos Report City Attorneyrsquos Report Council Comments Public Comments (Agenda Items Only)

UNFINISHED BUSINESS

NEW BUSINESS

3 PUBLIC HEARING ndash Adoption of Resolution No 714 Annual Stormwater Utility Non-Ad Valorem Assessment for FY 2020-2021

Regular Council Meeting Agenda Wednesday September 9 2020 Page 2

RESOLUTION NO 714

A RESOLUTION OF THE CITY OF INDIAN HARBOUR BEACH BREVARD COUNTY FLORIDA IMPOSING AN ANNUAL STORMWATER UTILITY ASSESSMENT FOR THE FISCAL YEAR BEGINNING OCTOBER 1 2020 AGAINST ALL REAL PROPERTY WITHIN THE CITY LIMITS OF INDIAN HARBOUR BEACH BREVARD COUNTY FLORIDA PROVIDING FOR CLASSIFICATIONS OF PROPERTY PROVIDING FOR CERTIFICATION OF ANNUAL STORMWATER UTILITY ASSESSMENT ROLL PROVIDING AN EFFECTIVE DATE

4 Public Hearings ndash First reading on the Amended Fiscal Year 2020 Annual Operating Budget (Ord No 2020-08) the Tentative Operating Millage Rate for Fiscal Year 2020-2021 (Ord No 2020-09) and the Proposed Fiscal Year 2020-2021 Annual Operating Budget (Ord No 2020-10)

ORDINANCE NO 2020-09

AN ORDINANCE AMENDING BUDGET ORDINANCE NO 2019-11 FOR FISCAL YEAR OCTOBER 1 2019 THROUGH SEPTEMBER 30 2020 BY CHANGING CERTAIN AMOUNTS SHOWN AS ANTICIPATED EXPENDITURES RESULTING IN AN OVERALL DECREASE OF $4756256 AND CERTAIN OF THE AMOUNTS SHOWN AS ANTICIPATED REVENUES RESULTING IN A LIKE AMOUNT

AN ORDINANCE ADOPTING A MILLAGE RATE FOR THE CITY OF INDIAN HARBOUR BEACH FLORIDA FOR THE FISCAL YEAR 2020-2021

AN ORDINANCE TO ESTABLISH AND ADOPT A BUDGET FOR THE FISCAL YEAR OCTOBER 1 2020 THROUGH SEPTEMBER 30 2021

5 Ratification of Amendments to the 2018-2021 Collective Bargaining Agreement (CBA) between the City of Indian Harbour Beach and Florida State Lodge Fraternal Order of Police (FOP)

6 Ratification of Executive Order No 2020-03 Reaffirming and Extending the Face Covering Regulation in the City

7 Advisability to Amend the B-1 (General Commercial) Zoning District to Allow Independent Living Senior Apartments Associated with an Assisted Living Facility

8 Re-appointment of City of Indian Harbour Beach Regular Planning and Zoning Board members Mr Dan Green and Mr Monte Zelazny and Ms Sisi Packard as an alternate member with the terms expiring September 2023

9 Approval of the Audit Engagement Letter with the firm of Berman Hopkins CPArsquos amp Associates LLC with a Fiscal Year 2020 cost of $33000 and authorize the Mayor to execute this engagement letter

10 COVID-19 General Discussion Regarding the Cityrsquos Activities and Responses and Direction on Related Issues

PUBLIC FORUM

ADJOURN

ALL PERSONS WISHING TO BE HEARD SHOULD APPEAR IN PERSON AT THESE HEARINGS OR SEND WRITTEN COMMENTS TO THE CITY CLERK ALL PERSONS AND PARTIES ARE HEREBY ADVISED THAT IF THEY SHOULD DECIDE TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THE PUBLIC MEETING HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE HE OR SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED FSS 2860105 IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY CLERK AT 321-773-3181 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING

CITY COUNCIL REGULAR MEETING

AUGUST 25 2020

Due to COVID-19 social distancing requirements some members of staff participated via Communications Media Technology during the Declared State of Emergency by Florida Governor Ron DeSantis (Executive Order 20-51) and authorized via Executive Order 20-69 Seating in the Council Chamber was limited via the Governorrsquos Executive Orders

CALL TO ORDER

The Regular Council Meeting was called to order at 700 pm by Mayor Scott Nickle with the following present

Council Member Frank Guertin City Manager Mark Ryan Council Member James Nolan City Attorney Karl Bohne (Virtual) Council Member Bob Sharek City Clerk Sue Frank

Mayor Nickle led the Pledge of Allegiance followed by a moment of silent meditation

APPROVAL OF MINUTES

The consensus of Council was to approve the minutes from the Special Called Council Meeting and Budget Workshop on July 21 2020 as presented

The consensus of Council was to approve the minutes from the Regular Council Meeting on July 28 2020 as presented

REPORTS

City Managerrsquos Report

ACTION ITEMS

Discussion of Legislative Intent for Parking of Recreational Vehicles (Article XIII Section 16 Appendix A of the Code of Ordinances)

The consensus of Council was to leave our Ordinance on the parking of recreational vehicles unchanged where the blocking of sidewalks is prohibited

INFORMATIONAL ITEMS

Ethics Training for Elected Officials

Big Muddy Baffle Box Update

2020 Road Resurfacing Program

Regular Council Meeting August 25 2020 Page 2

Capital Asset Disposal Report

September City Council Meeting Changes

Brevard County School Board Appointee to the Indian Harbour Beach Planning and Zoning Board

2020 Municipal Elections

Letters of Appreciation

Revenue and Expenditure Report (July 2020)

Police Officers Supplemental Pension Plan FY 21 Budget The Board of Trustees for the Police Officers Supplemental Pension Plan to fund retiree health insurance subsidy met on August 20 2020 and approved the budget for FY 2019 as required by law

Florida League of Cities 2021 Legislative Policy Committee Meetings

City Manager Ryan will serve as the Florida City County Management Association Legislative Committee Chair for the Municipal Administration Policy Committee Council Member Guertin will serve on the Transportation amp Intergovernmental Relations Policy Committee

City of Indian Harbour Beach Police Officersrsquo Retirement Trust Fund 2019 Annual Report Update on Low Speed Vehicles on SR A1A

Special Meetings

Wednesday September 9 2020 - First Public Hearing FY 2020-2021 Annual Operating Budget

Wednesday September 23 2020 ndash Second Public Hearing and adoption of FY 2020-2021 Annual Operating Budget

City Attorneyrsquos Report ndash City Attorney Bohne had no report

Council Comments

Motion made by Council Member Nolan to excuse Deputy Mayor Panicola from the meeting seconded by Council Member Guertin ndash motion carried 4-0

Council Member Sharek stated the Space Coast League of Cities Board of Directors cancelled the September monthly meeting had send a letter to the State regarding the management of the Brevard County Emergency Operation Center and had revised the scholarship requirements to include intern or trade schools

Council Member Sharek thanked Bo Bludworth and Sandra Stecker for their participation in the Audit Selection Committee He also thanked Comptroller Julie Bradford for her assistance during the process

Public Comments (Agenda Items Only)

There were no comments from the public

UNFINISHED BUSINESS

NEW BUSINESS

PUBLIC HEARING ndash First Reading on Resolution No 714 Annual Stormwater Resolution

Mayor Nickle read the title of Resolution No 714 and opened the public hearing There being no speakers the public hearing was closed

RESOLUTION NO 714

Motion made by Council Member Nolan to approve the first reading of Resolution No 714 seconded by Council Member Guertin ndash motion carried 4-0

Approve subject to availability of sufficient funds in the budget for FY 2020-2021 all lines of insurance plus dental and life insurance with the Florida Municipal Insurance Trust

Motion made by Council Member Sharek to approve subject to availability of sufficients funds all lines of insurance plus dental and life insurance with the Florida Municipal Insurance Trust seconded by Council Member Nolan ndash motion carried 4-0

Accept the proposed ranking from the Audit Selection Committee for a Certified Public Accountant to perform auditing services for Fiscal Years 2020 2021 and 2022 and options for Fiscal Years 2023 and 2024 determine the top and subsequent ranked firms authorize the City Manager to negotiate a contract with the top ranked firm

Motion made by Council Member Nolan to approve the findings from the Audit Selection Committee and authorize the City Manager to negotiate a contract with the top ranked firm seconded by Council Member Guertin ndash motion carried 4-0

Approve a Construction Management at Risk with a Guaranteed Maximum Price Contract with WampJ Construction Rockledge and Related Expenses Appropriations and Policies for a new Indian Harbour Beach Police Headquarters

WampJ Construction verified that the price included everything from a concrete pad for a generator sidewalks site prep and testing underground electrical including power to the flag pole light pole signs at the road and on the wall to light bulbs for the fixtures

Motion made by Council Member Sharek to accept the staff recommendation to approve a policy for Construction Management or Design-Build Contracts only and contractors vetted by the City may waive the Performance and Payment Bond approve the Construction Management at Risk with a guaranteed maximum price of $5298608 with WampJ Construction Rockledge for a new Indian Harbour Beach Police Headquarters approve the contract with American Business Interiors (ABI) of Melbourne for the interior of the facility including window treatments and furnishings reserve $50000 for moving and reconnecting the Communications Consolesrsquo in Dispatching as well as the alarm system for dispatching the Indian Harbour Beach Volunteer Fire

Department direct staff to enhance the Capital Outlay funding levels for this project in the proposed FY2021 budget by $159719400 seconded by Council Member Nolan ndash motion carried 4-0

Mayor Nickle called for a five minute recess at 741 pm and excused City Attorney Bohne from the meeting

Mayor Nickle reconvened the meeting at 749 pm

COVID-19 General Discussion Regarding the Cityrsquos Activities and Responses and Direction on Related Issues

The following events have been cancelled Trunk or Treat The 2020 Art Show IHBVFD will not participate in the Christmas in the Park event

Discussion included needing more information before making a decision on whether or not to allow the Sprint 4 Sight 5K in October A special meeting may be called for a presentation from the event organizer

PUBLIC FORUM

ADJOURN

Motion made by Council Member Sharek to adjourn the meeting at 813 pm seconded by Council Member Guertin ndash motion carried 4-0

X Scott Nickle

ATTEST

Sue Frank MMC

City Clerk

CITY MANAGER REPORT

The following is my report for the councilrsquos regular meeting of September 9 2020

A ACTION ITEMS

Employee Payroll Tax Deferral

On Friday August 28 2020 the Internal Revenue Service issued some guidance on the payroll tax deferral that was the subject of President Donald Trumprsquos presidential memorandum dated August 8 2020 (Notice 2020-65) The notice directed the Secretary of the Treasury to defer withholding deposit and payment of the ldquoOld-Age Survivors and Disability Insurancerdquo (also known as ldquoSocial Securityrdquo taxes) 62 of payroll on affected employeesrsquo compensation during the last four months of 2020 (September 1-December 31 2020) Beginning in January 2021 the normal 62 of payroll would be deducted from the employeersquos payroll plus an additional 62 would be deducted through April 30 2021 to pay the deferred amounts from the last quarter of 2020

The deferral applies to any employee whose pretax wages or compensation during any biweekly pay period generally is less than $4000 The notice defines applicable wages for these purposes as

wages as defined in [Sec] 3121(a) or compensation as defined in [Sec] 3231(e) paid to an employee on a pay date during the period beginning on September 1 2020 and ending on December 31 2020 but only if the amount of such wages or compensation paid for a bi-weekly pay period is less than the threshold amount of $4000 or the equivalent threshold amount with respect to other pay periods

We have been advised this Presidential Memorandum is optional for employers and as stated above only defers the payment of these taxes until January 1 2021 through April 30 2021 If implemented the repayment of these deferred payroll taxes would increase to 124 during the first quarter of 2021 until the total deferred amount of taxes is repaid

On September 3rd I participated in a conference call with other municipalities here in Brevard County During this call it was revealed that all the municipalities in Brevard County will be opting out of this payroll tax deferral

Therefore pending approval of the Mayor and City Council it is my recommendation not to participate in this optional deferment due to the lack of guidance from the IRS how to properly implement this deferral along with the significant financial impact on the employees during the first quarter of 2021

B INFORMATIONAL ITEMS

1 Ethics Training for Elected Officials

Save the date On October 14 2020

The Florida League of Cities University will hold an online 4-hour ethics class to meet the mandate from the 2014 Florida Legislature requiring this training each calendar year

September 9 2020 -2- City Managerrsquos Report Regular City Council Meeting

2 60th Annual Florida League of Cities Legislative Conference

The Florida League of Cities has announced the registration for the 2020 Legislative Conference is now open This event will be held November 12-13 at the Embassy Suites Orlando - Lake Buena Vista South Florida League of Cities President Tony Ortiz commissioner of the City of Orlando will preside over the conference where he will officially kick-off and lay the foundation for citiesrsquo involvement in the legislative process At this conference the membership will discuss the statersquos top issues and adopt the legislative priorities for the 2021 session

The registration fee is $150 and if you desire to attend please contact Executive Assistant Shauna Hume

3 Letters of Appreciation

Since we last met we have received letter(s) of appreciation or e-mails from citizens acknowledging the hard work and professional efforts of the following team member(s)

Employee Department

Sue Frank City Clerk Julie Bradford Comptroller

Congratulations

4 Miscellaneous

Special Meetings and Upcoming Events

Special Meetings

Second Public Hearing FY 2020-2021 Annual Wednesday September 23 2020 Operating Budget City Council Chamber at 700 pm

Upcoming Events

Summertime Fertilizer Ban ndash to assist in the June 1 2020 ndash September 30 2020 preservation of the Indian River Lagoon from stormwater runoff with nitrogen and phosphorous from fertilizers

Patriots Day ndash September 11th ndash Flags in Friday September 11th Volunteers Gleason Park needed to retrieve the flags 500

POWMIA Day- September 18th ndash Flags in Friday September 18th Volunteers Gleason Park needed to retrieve flags 500

9320 344 PM

City Council Agenda Item

Public Hearing of Resolution No 714 Adopting the Annual Stormwater Utility Non-Ad

Valorem Assessment for FY 20202021

Meeting Date September 9 2020

Staff Recommendation Hold a Public Hearing of Resolution No 714 adopting the

Annual Stormwater Utility Non-Ad Valorem Assessment for FY 20202021

Background Information

In 1992 the City of Indian Harbour Beach adopted Chapter 165 creating a municipal Stormwater Utility Code and a non-ad valorem tax program as authorized by Florida Statutes 4030893 to fund citywide stormwater improvements and projects to reduce or eliminate pollutants entering the Indian River Lagoon In accordance with Section 165-5 of the Code of Ordinances the City will held the second of two annual public hearings for the Stormwater Utility Non-Ad Valorem Assessment for FY 2020-2021 on Wednesday September 9 2020

Included in the agenda package is a copy of Resolution No 714 The stormwater utility rates have not increased since 2007

Staff Recommendation

Hold a Public Hearing of Resolution No 714 and adopt the Annual Stormwater Utility Non-Ad Valorem Assessment for FY 20202021

First Public Hearing on the Amended Fiscal Year 2020 Annual Operating Budget (Ord No 2020-08) the Tentative Operating Millage Rate for Fiscal Year 2020-2021 (Ord No 2020-09) and the Proposed Fiscal Year 2020-2021 Annual Operating Budget (Ord No 2020-10)

Staff Recommendation Conduct the first public hearings on 1) Citys Amended Fiscal Year 2019-2020 Annual Operating Budget 2) The tentative operating millage rate for Fiscal Year 2020-2021 3) The proposed Annual Operating Budget for Fiscal Year 2020-2021 and read the related Ordinances on First Reading

The order of adoption sequence shall be as follows

First Reading Ord No 2020-08 (Amending Ord No 2019-11) Providing for an Amended FY 2019-2020 Annual Operating Budget

First Reading Ord No 2020-09 Adopting the Tentative Operating Millage Rate for FY 2020-2021

First Second Reading Ord No 2020-10 Adopting the Final General Operating Budget for FY 2020-2021

Two public hearings are required by state law to adopt a millage rate and budget by taxing authorities levying a millage rate The first public hearing (tentative hearing) was advertised on the Notice of Proposed Property Taxes (TRIM Notice) mailed by the Property Appraiser and in the Florida Today newspaper These notices reflect the first public hearing will be held on Wednesday September 9 2020

Two ordinances have been introduced for first reading with respect to the adoption of the proposed FY 2020-2021 budget one adopting the tentative millage rate for the operation of the City and one adopting the tentative budget A third ordinance has been introduced for first reading providing for an amended Fiscal Year 2019-2020 Annual Operating Budget

The tentative operating millage rate 56401 the same millage rate as the prior year is 34 above the revenue neutral Rolled-Back Rate (54549) and generates $241640 in recurring revenue for recurring expenses

The second and final public hearing on these budget related ordinances will be on Wednesday September 23 2020 at 700 pm

Conduct the first public hearings on 1) Citys Amended Fiscal Year 2019-2020 Annual Operating Budget 2) The tentative operating millage rate for Fiscal Year 2020-2021 3) The proposed Annual Operating Budget for Fiscal Year 2020-2021 and read the related Ordinances on First Reading

Ratification of Amendments to the 2018-2021 Collective Bargaining Agreement (CBA) between the City of Indian Harbour Beach and Florida State Lodge Fraternal Order of Police (FOP)

Staff Recommendation Ratify the amendments to Articles 9 (Vehicles and Equipment) 28 (Hours Worked and Overtime) 30 (Compensation) and 31 (Retirement) of the 2018-2021 Collective Bargaining Agreement (CBA) between the City of Indian Harbour Beach and Florida State Lodge Fraternal Order of Police (FOP)

You will recall in 2018 the city negotiated three-year (October 1 2018 ndash September 30 2021) Collective Bargaining Agreement (CBA) with the Florida State Lodge Fraternal Order of Police Inc for sworn law enforcement personnel with position classifications of Sergeant and Police Officer and Communications Officers

This CBA affords both parties to this agreement the opportunity to re-open up to two articles of the agreement exclusive of negotiation of compensation that is automatically negotiated Earlier this year both parties initiated negotiations and with authority given to the City Manager and the Chief of Police by the City Council during Executive Sessions the following amended articles to this agreement were negotiated

Article 9 (Vehicles and Equipment) ndash Continues a ldquoShared Take Home Vehicle Pilot Programrdquo to determine the effectiveness and cost associated with a shared take home program This Pilot Program began in October 2019 and will end September 30 2021 This in no way will establish a precedent or obligation on the Cityrsquos behalf to create or establish a permanent Take Home Car Program

Article 28 (Hours Worked and Overtime) ndash The basic normal work week for each Police Officer is 84 hours during a 14-day work period while the department is in 12 hour shifts A police officer may take the additional 4 hours in the 84-hour work cycle as comp time in lieu of straight time pay Compensatory Time At the request of the employee and with the approval of the Chief or hisher designee compensatory time up to a total of one hundred twenty

(120) hours may be substituted in lieu of overtime pay Compensatory time shall accrue at the same ratio as overtime pay (unless otherwise agreed upon in this contract) ie at the rate of time and one-half (1 12) All compensatory time in a memberrsquos compensatory time bank in excess of 60 hours will be paid out at the memberrsquos normal rate of pay in their last payroll check of fiscal year 2021 Members may request complete pay out of all their saved compensatory no later than September 1 2021 (Example if a member has 100 hours of compensatory time saved in September 2021 they will automatically be paid out 40 hours of their compensatory time leaving 60 hours in their compensatory time bank) This new compensatory payout program is being done on a trial basis and will only be in effect for fiscal year 2021 The City will reevaluate this program to determine its viability

Article 30 (Compensation) ndash All bargaining unit employees to receive a wage adjustment of 3 effective October 1 2020

Article 31 (Retirement) ndash Providing that the city will draft language in the Chapter 175 Local Police Pension Ordinance to include an option to purchase at no cost to the City prior Military ServiceLaw Enforcement Service to count towards credited time for pension calculations It is understood that the City has in principle agreed to allow this option however it still requires a change in the city ordinance which must travel through the formal approval process It is understood this is subject to change

On September 1 2020 members of the Collective Bargaining Unit (Sworn Police Officers the rank of Sergeant and below and Dispatchers) voted unanimously to ratify the attached amendments to Articles 9 (Vehicles and Equipment) 28 (Hours Worked and Overtime) 30 (Compensation) and 31 (Retirement) of the 2018-2021 Collective Bargaining Agreement (CBA) between the City of Indian Harbour Beach and Florida State Lodge Fraternal Order of Police (FOP)

Ratify the amendments to Articles 9 (Vehicles and Equipment) 28 (Hours Worked and Overtime) 30 (Compensation) and 31 (Retirement) of the 2018-2021 Collective Bargaining Agreement (CBA) between the City of Indian Harbour Beach and Florida State Lodge Fraternal Order of Police (FOP)

Ratification of Executive Order No 2020-03 Reaffirming and Extending the Face Covering Regulation in the City

Staff Recommendation Ratification of Executive Order No 2020-03 Reaffirming and Extending the Face Covering Regulation in the City

On July 14 2020 and July 21 2020 the Indian Harbour Beach City Council adopted Emergency Ordinances No 2020-01 and 2020-02 implementing Face Covering regulations to reduce the spread of the deadly COVID-19 Virus within the city limits of the City of Indian Harbour Beach At the July 28 2020 City Council Meeting the Council held a public hearing and adopted Ordinance No 2020-07 creating an Emergency Management Chapter within the Code of Ordinances of the City and said ordinance delegates the authority to issue Executive Orders during a State of Emergency to the City Manager

At the July 28th City Council meeting the City Council ratified Executive Order No 2020-01 prepared in conformance with the newly adopted Emergency Management Chapter Executive Order No 2020-01 continued the Face Covering regulations adopted under Emergency Ordinances No 2020-01 and 2020-02 until 1201 am September 10 2020 to reduce the spread of the deadly COVID-19 Virus within the city limits of the City of Indian Harbour Beach

This evening September 9 2020 Executive Order No 2020-03 is presented for your consideration to extend the Face Covering Regulations in the City of Indian Harbour Beach until 1201 am on October 14 2020

Advisability to Amend the B-1 (General Commercial) Zoning District to Allow Independent Living Senior Apartments Associated with an Assisted Living Facility

Staff Recommendation Staff is seeking advisability to amend the B-1 (General Commercial) Zoning District to allow Independent Living Senior Apartments associated with and on the same property of an Assisted Living Facility

As you are aware we have an existing Assisted Living Facility with a Memory Care Unit known as Zon Beachside Assisted Living located at the northwest corner of South Patrick Drive and Banana River Drive (see attached aerial photograph) This facility is in the B-1 General Commercial Zoning District and was approved in the early 2010rsquos as a Conditional Land Use (CLU) The facility has 131 beds

The developer is seeking to construct a separate independent living senior apartment building with thirty-six (36) apartments as a part of their campus As currently written in the zoning code such an independent apartment facility is not authorized in the B-1 General Commercial zoning district

It is not uncommon for Assisted Living Facilities to have various stages of care for their clients ranging from independent living senior apartments through Assisted Living Facilities memory care facilities and even nursing home facilities on the same campus

The proposal from Zon Beachside Assisted Living is a modification to the B-1 (General Commercial) zoning district that would allow for the construction of the proposed thirty-six (36) independent living senior apartments in the parking lot on the south side of the complex between the building and Banana River Drive Zon Beachside indicates that the proposed facility would eliminate approximately forty (40) parking spaces from the site

Our zoning code provides parking requirements for an assisted living facility as one (1) space for every five (5) beds plus one space for each employee The original facility indicated on the site plan a total of 35 employees the maximum number of employees per shift Therefore based upon their original application they were required sixty-two

Advisability to Amend B-1 Zoning (Zon) September 9 2020 Page 2

(62) parking spaces and provided one hundred forty-nine (149) parking spaces Zon Beachside indicates that the new facility would have a maximum of fifteen (15) employees per shift We believe the fifteen (15) employees for the new facility would equate to five (5) per shift

Again if the concept of independent living senior apartment on this campus is approved with a code change we will need to determine the required parking for these independent living senior apartments Our zoning code currently provides a parking requirement for residential units of two (2) spaces for each unit If we donrsquot alter this requirement for independent living senior apartments the applicant would not meet the parking requirements (62 spaces for the ALF 72 spaces for the independent living apartments and 5 employee parking) If the City Council is supportive of reducing the parking requirements for independent living senior apartments staff would recommend no fewer than one (1) parking space per apartment Implementing this change may allow for the proposal to meet the required number of parking spaces

If you provide direction to proceed our Planning Consultants LaRue Planning will examine this issue to determine if there are best practices in creating these types of senior living campuses especially as it relates to the parking requirements

Staff is seeking advisability to amend the B-1 (General Commercial) Zoning District to allow Independent Living Senior Apartments associated with and on the same property of an Assisted Living Facility

Appointment of City of Indian Harbour Beach Planning and Zoning Board Members

Staff Recommendation Re-appointment of Mr Dan Green Mr Monte Zelazny

Regular Members and Ms Sisi Packard as an Alternate Member to the Planning and

Zoning Board with a term expiring September 2023

Within the municipal charter and Appendix A of the Code of Ordinances of the City of Indian Harbour Beach this community has created the Indian Harbour Beach Planning and Zoning Board The Planning and Zoning Board has the following authorities and duties

a) To act in an advisory capacity to the City Council on questions relating to planning and zoning to conduct investigations on matters concerning planning proposals or zoning changes and to report its findings and recommendations on such proposals to the City Council

b) To recommend to the City Council such amendments to Appendix A of the Code of Ordinances as the board may deem proper expedient or necessary to clarify or to carry into effect the purposes hereof

c) To hear applicants and submit recommendations to the City Council or the Zoning Board of Appeals with respect to the following

1) Proposed change of the permitted use of any specifically designated property

2) Applications for conditional land use 3) Proposed amendments to the zoning ordinance 4) Proposed subdivision plats 5) Proposed site plans and other planning matters 6) Applications for special exceptions

The Planning and Zoning Board shall consist of five (5) voting members and one (1) alternate member appointed by the City Council and one (1) non-voting member appointed by the School Board of Brevard County

The current membership of the IHB Planning and Zoning Board that serve three year terms are as follows

Mr Monte Zelazny Mr Jose Fuenmayor Mr Dan Green Mr Fred Fernez Mr Bruce Moia Ms Sisi Packard (alternate)

The terms of Mr Dan Green Mr Monte Zelazny as a Regular Members and Ms Sisi Packard as an Alternate Member expire on September 30 2020 Mr Green Mr Zelazny and Ms Packard are willing to continue to serve on this board

Staff recommends re-appointing Mr Dan Green Mr Monte Zelazny Regular Members and Ms Sisi Packard as an Alternate Member to the Planning and Zoning Board with a term expiring September 2023

Audit Engagement with Berman Hopkins CPArsquos amp Associates LLP to Perform Auditing Services for Fiscal Years 2020 2021 and 2022 and Options for Fiscal Years 2023 and 2024

Staff Recommendation Audit Engagement with Berman Hopkins CPArsquos amp Associates LLP to Perform Auditing Services for Fiscal Years 2020 2021 and 2022 and Options for Fiscal Years 2023 and 2024

In accordance with Florida Statutes and the auditing standards of the Governmental Accounting Standards Board the City of Indian Harbour Beach must utilize the services of an independent auditing firm to audit the cityrsquos financial statements at the conclusion of each fiscal year

At the August 25 2020 the City Council Meeting the Council ratified the Audit Selection Committeerdquos recommendation of the ranking of firms for consideration below and directed staff to negotiate an agreement for these services

1 Berman Hopkins CPArsquos and Associates LLP ndash Melbourne Florida 2 Carr Riggs amp Ingram CPArsquos and Advisors ndash Melbourne Florida 3 James Moore CPArsquos and Consultants ndash Daytona Beach Florida

Included in this agenda package is a copy of the firms proposed audit engagement letter for Fiscal Years 2020 2021 2022 with options for Fiscal years 2023 and 2024

Staff recommends approval of the Audit Engagement Letter with the firm of Berman Hopkins CPArsquos amp Associates LLP with a Fiscal Year 2020 cost of $33000 and authorize the Mayor to execute this engagement letter

Staff Recommendation COVID-19 General Discussion regarding the Cityrsquos activities and responses and direction on related issues

This portion of the meeting will allow for general discussion with the Mayor and City Council on COVID-19 municipal activities and responses providing direction to Staff on issues presented or areas discussed You will recall at the previous City Council Meeting the Council had a significant discussion on allowing the Sprint for Sight 5K Race from Gleason Park on October 10th and the protocols that would be used to provide a safe race in a COVID-19 era At that time the Council determined they wished to have a presentation from Running Zone a professional race manager for many events in Brevard County prior to endorsing this 5K race Subsequent to that meeting we have learned that the October 10th race has been cancelled as a fund raiser due to the lack of registered participants

We are continuing with the proposal to invite Running Zone to a City Council meeting in October to discuss race safe protocols and give you guidance as we move forward with race activities in a COVID-19 era

Additionally Kristin Cusimano Recreation Director is examining enhancing the allowable number of swimmers in each lane with appropriate safety protocols at the municipal pool

Reminder Both Trunk or Treat on October 30 2020 and the 2020 Art Show (November 14th) in Gleason Park have been cancelled due to inability to properly social distance with the number of participants

September 9 2020 Regular Council Meeting agenda

1 - August 25 2020 Regular Council Meeting minutes

2 - September 9 2020 City Manager Report

3 - Stormwater Utility 2020-2021 2nd Public Hearing Staff Report

4 - First Public Hearing FY 2019-2020 and FY 2020-2021 Budget Staff Report

5 - Ratification of Amended Articles in the Collective Bargaining Agreement with the FOP September 2020 Staff Report

6 - Ratification of a Executive Order 2020-03 Re-afirming and Extending the Face Covering Regulation in the City Staff Report

7 - Advisability to Amend the B-1 (General Commercial) Zoning District t (1)

8 - Appointment of Member of the Planning and Zoning Board Members 083120 Staff Butler

9 - FY 20 Audit Engagement Staff Report

10 - COVID-19 General Discussion and Direction September 9 2020 Staff Report

RESOLUTION NO 714

4 Public Hearings ndash First reading on the Amended Fiscal Year 2020 Annual Operating Budget (Ord No 2020-08) the Tentative Operating Millage Rate for Fiscal Year 2020-2021 (Ord No 2020-09) and the Proposed Fiscal Year 2020-2021 Annual Operating Budget (Ord No 2020-10)

AN ORDINANCE AMENDING BUDGET ORDINANCE NO 2019-11 FOR FISCAL YEAR OCTOBER 1 2019 THROUGH SEPTEMBER 30 2020 BY CHANGING CERTAIN AMOUNTS SHOWN AS ANTICIPATED EXPENDITURES RESULTING IN AN OVERALL DECREASE OF $4756256 AND CERTAIN OF THE AMOUNTS SHOWN AS ANTICIPATED REVENUES RESULTING IN A LIKE AMOUNT

AN ORDINANCE ADOPTING A MILLAGE RATE FOR THE CITY OF INDIAN HARBOUR BEACH FLORIDA FOR THE FISCAL YEAR 2020-2021

AN ORDINANCE TO ESTABLISH AND ADOPT A BUDGET FOR THE FISCAL YEAR OCTOBER 1 2020 THROUGH SEPTEMBER 30 2021

5 Ratification of Amendments to the 2018-2021 Collective Bargaining Agreement (CBA) between the City of Indian Harbour Beach and Florida State Lodge Fraternal Order of Police (FOP)

6 Ratification of Executive Order No 2020-03 Reaffirming and Extending the Face Covering Regulation in the City

7 Advisability to Amend the B-1 (General Commercial) Zoning District to Allow Independent Living Senior Apartments Associated with an Assisted Living Facility

PUBLIC FORUM

ADJOURN

AUGUST 25 2020

CALL TO ORDER

APPROVAL OF MINUTES

REPORTS

ACTION ITEMS

INFORMATIONAL ITEMS

Special Meetings

Council Comments

UNFINISHED BUSINESS

NEW BUSINESS

RESOLUTION NO 714

PUBLIC FORUM

ADJOURN

X Scott Nickle

ATTEST

Sue Frank MMC

City Clerk

CITY MANAGER REPORT

A ACTION ITEMS

Employee Department

Congratulations

4 Miscellaneous

Special Meetings

Upcoming Events

9320 344 PM

PUBLIC FORUM

ADJOURN

AUGUST 25 2020

CALL TO ORDER

APPROVAL OF MINUTES

REPORTS

ACTION ITEMS

INFORMATIONAL ITEMS

Special Meetings

Council Comments

UNFINISHED BUSINESS

NEW BUSINESS

RESOLUTION NO 714

PUBLIC FORUM

ADJOURN

X Scott Nickle

ATTEST

Sue Frank MMC

City Clerk

CITY MANAGER REPORT

A ACTION ITEMS

Employee Department

Congratulations

4 Miscellaneous

Special Meetings

Upcoming Events

9320 344 PM

AUGUST 25 2020

CALL TO ORDER

APPROVAL OF MINUTES

REPORTS

ACTION ITEMS

INFORMATIONAL ITEMS

Special Meetings

Council Comments

UNFINISHED BUSINESS

NEW BUSINESS

RESOLUTION NO 714

PUBLIC FORUM

ADJOURN

X Scott Nickle

ATTEST

Sue Frank MMC

City Clerk

CITY MANAGER REPORT

A ACTION ITEMS

Employee Department

Congratulations

4 Miscellaneous

Special Meetings

Upcoming Events

9320 344 PM

Special Meetings

Council Comments

UNFINISHED BUSINESS

NEW BUSINESS

RESOLUTION NO 714

PUBLIC FORUM

ADJOURN

X Scott Nickle

ATTEST

Sue Frank MMC

City Clerk

CITY MANAGER REPORT

A ACTION ITEMS

Employee Department

Congratulations

4 Miscellaneous

Special Meetings

Upcoming Events

9320 344 PM

NEW BUSINESS

RESOLUTION NO 714

PUBLIC FORUM

ADJOURN

X Scott Nickle

ATTEST

Sue Frank MMC

City Clerk

CITY MANAGER REPORT

A ACTION ITEMS

Employee Department

Congratulations

4 Miscellaneous

Special Meetings

Upcoming Events

9320 344 PM

PUBLIC FORUM

ADJOURN

X Scott Nickle

ATTEST

Sue Frank MMC

City Clerk

CITY MANAGER REPORT

A ACTION ITEMS

Employee Department

Congratulations

4 Miscellaneous

Special Meetings

Upcoming Events

9320 344 PM

CITY MANAGER REPORT

A ACTION ITEMS

Employee Department

Congratulations

4 Miscellaneous

Special Meetings

Upcoming Events

9320 344 PM

Employee Department

Congratulations

4 Miscellaneous

Special Meetings

Upcoming Events

9320 344 PM

Documents

council meeting 9-9-2020 - indianharbourbeach.org...1 day ago · APPROVAL OF MINUTES . The consensus of Council was to approve the minutes from the Special Called Council Meeting