COUNCIL POLICIES General Administration

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1 General Administration (Reference Resolution No for policies relating to City Council rules of procedure) 1. Scenic Corridor Resolution No. 731 provides that the property located on the east side of U. S. 1, between the former Syracuse Avenue right-of-way and Laurie Street, is declared as a scenic corridor. The City shall acquire the land through donation, perpetual easements, purchase or other appropriate means as may be determined by the Council. (Adopted 2/9/1982; reaffirmed 8/11/1998; reviewed with no changes 5/13/2008) 2. Emergency Travel Council approved a cap of (up to) $500 for the Mayor or a Council Member acting as his designee for emergency trips. Council will confirm at the next scheduled Council meeting. (Adopted 1/10/1989; reviewed and revised 5/13/2008) 3. Requests for Information Council Members will request information through the City Manager, as opposed to staff, allowing ample time for the information to be prepared. The City Manager will have up to five days to provide the information to Council. (Adopted 9/13/1994; reviewed with no changes 5/27/2008) 4. Renaming of a Park When a request is made to rename a park, residents within 500 of the park shall be notified by staff communication prior to Council consideration of the renaming. (Adopted 8/25/1998; reviewed with no changes 6/10/2008) 5. City Council Minutes Minutes will be provided to the public at no cost. (Adopted 11/2/1999; reviewed with no changes 6/24/2008) 6. Outside Legal Counsel Provided that funding is available, outside legal counsel may be used upon recommendation by the City Attorney and concurrence by the City Manager with a spending limitation of not more than $10,000 per fiscal year. Use of outside legal counsel when funding is not available, when the $10,000 limitation will be exceeded, or on a permanent basis must be approved by the City Council. In all cases, City Council will be notified of the use of outside legal counsel. (Adopted 12/14/1999; reviewed with no changes 6/24/2008) 7. Litigation Report The City Attorney will provide Mayor and Council with a regular report about all lawsuits and claims against the City. (Adopted 4/25/2000; reviewed with no changes 6/24/2008) 8. Mayor and Council Salary Ordinance No amended Chapter 2 as it relates to Mayor and Council salaries. In accordance with the Code change, Council adopted Resolution No. 1653, which increased the Mayor s salary from $7,200 to $9,000 per year and the salary of each Council Member from $5,200 to $6,500. Effective November 14, 2006, the Mayor s salary increased from $9,000 to $10,350 and Council s increased from Page 1 of 6

2 $6,500 to $7,475. (Adopted 8/22/2000; revised 8/9/2005; reviewed with no changes 6/24/2008) 9. Ground Storage Tanks Tanks painted after May 8, 2001 will be painted one color without striping. (Adopted 5/8/2001; reviewed with no changes 7/8/2008) 10. Funding for Non-Profits/Grants-in-aid Funding Resolution No provides for the policy relating to funding requests received from non-profit persons and organizations. (Adopted 12/11/2001; revised 7/25/2005 with motion that funding not exceed $10,000 for any one organization; reviewed with no changes 7/8/2008; new policy adopted 8/22/2016; revised 9/28/2017 after FY 2018 budget adopted by removing language relating to automatic funding of parades) 1. The City Council will adopt the budget for grants-in-aid in September of each year through the budget adoption process. The annual limit on grants-in-aid funding shall be $60, Conditions relating to organizations: a. An organization may not receive contributions from multiple city funding sources. For example, if an organization receives funding from a Community Redevelopment Agency, it may not also receive funding from the General Fund. An organization may receive funding from one funding source for multiple purposes, e.g., operating expenses and parade support. b. Grants-in-aid funds must be spent to benefit the residents of Melbourne. c. The City Council may give preference to organizations that provide for matching funds. d. A completed application must be submitted on or before the due date by every organization that wishes to apply for grants-in-aid funding. e. The maximum contribution limit for one organization will be $10, Financial Services staff will develop the application required for grants-in-aid requests. Each year, there will be an open call for grants-in-aid submittals for a twoweek period. The open call will be advertised by posting a notice on the City s website, social media (Facebook, Twitter), and issuance of a press release. 4. A review committee comprised of one representative from each of the following departments shall review the submittals and make a recommendation to City Council: City Manager, City Clerk, and Financial Services. The review committee shall be subject to the Sunshine Law. Page 2 of 6

3 5. The review committee s recommendations shall be presented to City Council for purposes of allocating the grants-in-aid funding no later than the first regular meeting in January of each year. 6. City Council may opt to allocate $55,000 and hold $5,000 in reserve to address any unique requests (as determined by the City Council) for funding during the fiscal year. 11. Investment of Surplus Funds Policy Adopted by Resolution No (Adopted 9/24/2002; reviewed with no changes 7/8/2008; current resolution adopted 7/10/2012) 12. Florida League of Cities Annual Conference/Voting Delegate Resolution No designates the Mayor as the standing voting delegate at the annual conference. (Adopted 5/27/2003; reviewed with no changes 7/8/2008) 13. City Manager Hiring Flexibility Council authorized the City Manager the flexibility to hire senior management employees at the mid-range level for annual leave. (Adopted 5/27/2003; reviewed with no changes 7/22/2008) 14. Change Orders The City Manager was granted the authority to approve project change orders up to the amount of normal purchase order authorization ($25,000), provided that the change orders remain within the project budget or contingency amount. A written report of the change will be made to Council on or before the next regular Council meeting. (Adopted 6/10/2003; reviewed with no changes 7/22/2008) 15. Fund Balances, Reserves and Utility Rate of Return Policy Current policy adopted by Resolution No (5/22/2012). 16. Florida League of Cities Travel Council authorized Council Members to attend Florida League of Cities scheduled functions (policy committee meetings, Legislative Conference, Annual Conference, Legislative Action Day, etc.) without further action by Council. (Adopted 10/14/2003; reviewed with no changes 7/22/2008) 17. Code Enforcement Liens Resolution No provides the procedure City Council will follow for release or reduction of Code Enforcement liens (1/13/2004). (Reviewed with no changes 8/12/2008) 18. Patriotic Banners Council approved allowing patriotic expressions until the end of the present conflict with Iraq. (Adopted 5/11/2004; reviewed with no changes 8/12/2008) 19. City Boards The following procedures apply to all City boards: Each year boards should conduct a self-evaluation. Board members should discuss how they are functioning, attendance, participation, etc. And, they should also look at their composition and determine if the group is diverse and represents the community as a whole. If not, the board should make a recommendation to City Council to strive for a Page 3 of 6

4 person with a particular background to be appointed during the next vacancy. Every board should have a job description preferably written by the board members. This helps applicants determine whether they are interested in making application for a particular board. Although orientation is conducted with new members, staff should strive to conduct a periodic orientation with each board to review the basic laws plus any new ordinances, regulations, procedures, etc. (Adopted 9/13/2005; revised 4/25/2006 to provide for less intensive reporting schedule for boards that meet less frequently; reviewed with no changes 9/16/2008; amended 5/8/2012 by placing pension boards on the annual reporting schedule; amended 5/12/2015 by removing the requirement for boards to provide an annual/biennial report to City Council.) 20. Site Plans Surrounding property owners will be notified about a site plan request in instances where other actions by the City have taken place through a quasi-judicial board (Zoning Board of Adjustment, Code Enforcement Board, etc.). Additionally, surrounding property owners will be notified when a change is made to a site plan that is tied to a conditional use or zoning/rezoning that triggers review by Council. (Adopted 1/10/2006; reviewed with no changes 9/16/2008) 21. Building Height Staff recommendations to Council regarding additional building height requested through the conditional use process may only go 50% above the allowable height limits. If the zoning category allows 40, staff may only recommend 60, and if the zoning category allows 80, staff may only recommend 120. (Adopted 3/28/2006; reviewed with no changes 9/16/2008) 22. Paving of Dirt Streets Seventy percent of the (total number of) property owners will be required to approve the special assessment; the City will contribute 60% towards the cost of paving; and the cost to property owners for sewer extension would be no more than $20 per front foot. (Adopted 1/23/2007; reviewed with no changes 9/30/2008) 23. Ordinances With regard to preparation of ordinances, City staff will continue following Section 2-40(a) of the City Code. When an ordinance relating to a new subject, concept or idea is being drafted by staff, staff will include an information item in the City Manager s Report. (12/9/2008) 24. Flag Protocol Upon the death of a current or past elected Melbourne official, the City flag shall be flown at City Hall for 72 hours. The flag shall then be presented to the family of the deceased. (Adopted 2/24/2009; revised 5/27/2014) Page 4 of 6

5 25. Council Chamber Use Policy (1/26/2010) 1. This policy relates to the use of the Melbourne City Hall Council Chamber by elected and governmental officials and public agencies. 2. Elected and governmental officials and public agencies may use the City Hall Council Chamber. Use of the Council Chamber is subject to the following: a. The requested meeting day/time may not conflict with a City of Melbourne standing meeting or a previously scheduled City meeting. b. The meeting must clearly provide a public benefit, whether by informing the public of an issue, providing an opportunity for the public to provide public comment on an issue, or for conducting a town hall type meeting. c. The meeting may not relate to campaign or campaign fundraising activities. 3. The person scheduling use of the Council Chamber will be required to: a. Provide a written request to the City Manager s Office at least seven business days in advance of the meeting. The request must include contact information and acknowledgement of the procedures set forth in this policy. The City Manager may decline the request if it is not in accordance with this policy. b. Execute an indemnification agreement in a form provided by the City. c. Provide enough staffing for the event. On site City staff will not be able to offer clerical or other assistance. d. Following the meeting, return the Council Chamber to the same condition in which it was found. 4. If the meeting is scheduled to begin and end during regular City Hall business hours, there will be no charge. 5. In recognition that there is a cost to operate the facility, there will be a fee if any portion of the meeting will take place after regular City Hall business hours. The charge will be on a par with the charge that would be imposed for use of the City s least expensive facility based on a three-hour block. 6. If use of the Council Chamber audio/visual equipment is requested (PowerPoint presentation, etc.), the electronic file must be provided to the City Clerk at least two business days prior to the meeting on a USB flash drive/thumb drive. Page 5 of 6

6 7. City Hall is a non-smoking facility. Refreshments are not permitted in the Council Chamber. Refreshments may be set up in the lobby of the Council Chamber. 8. Items may not be attached to the walls, fixtures, or furnishings in the Council Chamber. 26. [RESERVED. Former delegation of authority policy. See Policy #32.] 27. Use of Electronic Communications Devices During Public Meetings: During any meeting that is subject to the Government-in-the-Sunshine Law, elected officials, volunteer board members, and City support staff (sitting at the dais, meeting table, or staff table) are prohibited from using electronic communications devices (texting, ing, tweeting, etc.). (4/23/2013) 28. Florida Land Use and Environmental Dispute Resolution Act: Resolution No (1/28/2014) delegates authority to the City Manager to negotiate, accept and execute special magistrate agreements for purposes of engaging a special magistrate pursuant to the Florida Land Use and Environmental Dispute Resolution Act. (1/28/2014) 29. City Manager Authority (City Rehabilitation and Reconstruction Programs): Resolution No authorizes the City Manager or his designee to negotiate, execute, award and distribute individual eligible project loans pursuant to the City Rehabilitation and Reconstruction Programs. (8/12/2014) 30. Parades, Public Parking Lot Fee Charged During Same: City Council directed that the parking fee for public parking lots that is in place during certain special events not be charged during parades. (3/10/2015, Item #6) 31. [RESERVED. Former delegation of authority policy. See Policy #32.] 32. City Manager Authority to Negotiate and Execute Certain Documents and Agreements: Resolution No (12/11/2018) delegates authority to the City Manager or any person appointed by the City Manager to be Acting City Manager to execute and negotiate stormwater maintenance agreements; approve and execute satisfactions of liens pursuant to CDBG, HOME, SHIP or other similar programs; execute satisfactions or partial releases of code enforcement liens (when approved by City Council or when lien is paid in whole); negotiate and execute pre-annexation agreements; execute state road/temporary road closing application forms (authority also delegated to City Engineer or any Deputy City Manager); negotiate and execute unity of title agreements; negotiate, accept, and execute easements; accept and execute binding lot agreements; negotiate and execute fire protection agreements; execute release of lot clearing liens; execute release of water and sewer liens; negotiate and execute utility line extension deferred payment agreements; execute acceptance of bill of sale for water, sewer, or drainage facilities; negotiate and execute right-of-way use agreements; execute Florida Power & Light street lighting agreements; and negotiate and execute agreements with private property owners to use private property for fire, rescue and law enforcement training. Page 6 of 6

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