TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - REGULAR MEETING
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WEDNESDAY
April 17, 2002
TOWN HALL - FIRE HALL
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A regular meeting of the Town Commission of the Town of Melbourne Beach, Florida was called
to order by Mayor Wille at 7:00 p.m. on Wednesday, April 17, 2002 at the Fire Hall.
Mayor Wille also led the Pledge of Allegiance to the Flag.
Present:
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Mayor Wille
Commissioner Crispen
Commissioner Guglietta
Commissioner Walters
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Absent:
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Vice Mayor Smith
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Others Present:
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Town Attorney Gougelman
Town Manager Hoskovec
Building Official Munroe
City Government Class from
Gemini Elementary School
Town Clerk Masny
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Mayor Wille advised that the agenda may look a little different as the Town Commission has adopted new
procedures for holding meetings and completing the business of the Town within a three-hour time limit.
Mayor Wille introduced Bill Hoskovec as the new Town Manager and welcomed him as an employee of the
Town. Town Manager Hoskovec introduced the City Government Class from Gemini Elementary School and
the students introduced themselves to the Town Commission. The Town Commission presented Town Clerk
Masny with an orchid for her service to the Town as Interim Town Manager.
I. CHANGES TO THE AGENDA
There were no changes to the Town Commission agenda.
II. PRESENTATIONS BY SPECIAL GUESTS
A. ROCHELLE LAWANDALES - PRESENTATION OF LOCAL AGENCY PROJECT (LAP) CERTIFICATION
PROCESS
Rochelle Lawandales stated that the Town has been approved for $218,000 for streetscaping projects along Ocean
Avenue and under the LAP process, a local government has the ability to move forward with a project that is funded
in an out year, do the project, pay for the project and then be reimbursed with those funds that have been earmarked
within the work program.
Ms. Lawandales stated that the Town can become LAP Certified, which takes completing an application and waiting
6 months or the Town can go with the County under their certification by signing an interlocal agreement with them.
Ms. Lawandales stated that she and the Town Manager recommend that to Town go with the County under their
certification as they will take care of design, engineering, construction, with the Town paying for the project. Ms.
Lawandales stated that the County will assist the Town with being reimbursed in fiscal year 2004-2005. Ms.
Lawandales stated that if the Town Commission would like to proceed this way, she and the Town Manager will
need authorization to proceed with discussions and attend meetings with the County and then begin negotiations
for the interlocal agreement. Ms. Lawandales advised that all those businesses and residents along the Ocean
Avenue corridor will be involved in the enhancement project.
Commissioner Crispen verified with Ms. Lawandales that the Town would have the ultimate decision on the design of
the project and not the County. Mayor Wille advised that he is concerned that if the Town waits until fiscal year 2004-2005
to do the project, the funding may not be available. Commissioner Walters asked where the funding comes from?
Ms. Lawandales stated that the funding comes from the Federal Highway Administration through the Transportation
Enhancement Program and $218,000 is designated for the Town and it has to be spent first and the Town will be
reimbursed. Commissioner Walters expressed concern over the fact that the money may not be available in 2004-2005
after the Town has already done the improvements and asks for reimbursement. Ms. Lawandales stated that if the work i
s done prior to 2004-2005, the money is guaranteed to be available, if you wait, the money may not be available. Mayor
Wille opened the meeting for public comment regarding the LAP Certification.
Alice Graham, 305 Fifth Avenue stated that if the payment time is not an issue, the Town should move forward with the
project now.
Ann Downing, 801 Pine Street asked if other communities have done a LAP Certification? Ms. Lawandales stated that
the City of Palm Bay is doing one now, but, a lot of cities do not do enough projects to warrant them becoming LAP
Certified so it is a lot easier to use the County's certification.
IT IS THE CONSENSUS OF THE TOWN COMMISSION THAT THE TOWN MANAGER PURSUE INVESTIGATION OF
EARLY LAP PROCESS FOR THE GRANT AND REPORT BACK TO THE TOWN COMMISSION REGARDING HIS
FINDINGS.
III. PROCLAMATIONS AND AWARDS
A. CERTIFICATE OF APPRECIATION TO GAIL SEIDLER AND SHERYL
ALBERGA FOR SERVICE ON THE ENVIRONMENTAL ADVISORY BOARD
As neither Gail Seidler nor Sheryl Alberga were present, and the Town Commission expressed
its appreciation for their service on the Environmental Advisory Board. Curtis Byrd, Chairman
of the Environmental Advisory Board stated that both Ms. Seidler and Ms. Alberga were an asset
to the Board and will be missed.
IV. NON-SCHEDULED CITIZEN COMMENTS
Frank Thomas, 606 Atlantic Street stated that it's time for the Town to create a History Board
and mentioned that the Williams Building Committee could become the History Board. Mr.
Thomas stated that projects such as the Ryckman House floor and repairs to the Old Post Office
could be addressed by the Board.
Martha Russo, 420 Sunset Boulevard asked for clarification regarding an article in the
newspaper regarding money the Town owes the County from parking tickets. Mayor Wille
advised that the Town Manager will have a report on this later. Commissioner Walters requested
to respond and explained that during fiscal year 2000-2001 he notified the Town Manager on
two (2) occasions that the Clerk of Courts was estimating the funds and they were overpaying the
Town and now we are required to pay back approximately $224,000. Town Manager Hoskovec
stated that the Town and City Managers have met with the Clerk of Circuit Courts and have
requested that an audit of the funds be performed. Town Manager Hoskovec advised and that he
will keep the Town Commission informed regarding this situation. Ms. Russo stated that she
hopes the Town will get this situation finalized before entering into a LAP Certification with the
County.
Robin Rigsby, 421 Sixth Avenue stated that there are ruts in the road at Oak Street and Sixth
Avenue. Town Manager Hoskovec stated that he will look at the ruts and get them fixed.
V. APPROVAL OF MINUTES: NOVEMBER 5, 2001 PUBLIC HEARING AND
NOVEMBER 5, 2001 SPECIAL MEETING
Town Clerk Masny stated that there is one correction to the November 5th special meeting in the first line, third paragraph,
the word "reach" should be "beach".
Commissioner Smith asked for a correction to the minutes of the November 5th public hearing in the first paragraph,
second line, delete the word "the" at the end of the line.
COMMISSIONER GUGLIETTA MOVED, SECOND VICE MAYOR SMITH TO APPROVE THE MINUTES OF
NOVEMBER 5, 2001 PUBLIC HEARING AND NOVEMBER 5, 2001 SPECIAL MEETING AS CORRECTED.
VOTE: ALL AYES. MOTION CARRIED.
VI. REPORTS BY TOWN BOARDS:
A. ENVIRONMENTAL ADVISORY BOARD - APPROVAL OF SIGNAGE FOR LOGGERHEAD PARK PRESERVE
Jeanne Allen of the Environmental Advisory Board came forward and presented a plan for signage at the Loggerhead
Park Preserve as required by the FRDAP grant and the Florida Communities Trust Agreement.
IT IS THE CONSENSUS OF THE TOWN COMMISSION TO ACCEPT THE SIGNAGE PLAN FOR LOGGERHEAD
PARK PRESERVE AS PRESENTED BY THE ENVIRONMENTAL ADVISORY BOARD.
Lori Wille of the Parks Board stated that packets have gone out for donations for benches in Ryckman Park and she
will update the Town Commission as donations are received. Ms. Wille reported that the benches will not be installed
by Founders Day.
VII. CONSENT AGENDA
A. REAPPOINTMENT OF CURTIS BYRD AS A REGULAR MEMBER OF THE PARKS BOARD FOR
A TERM APRIL 17, 2002 THROUGH APRIL 17, 2004.
B. REAPPOINTMENT OF RITA KARPIE AS AN ALTERNATE MEMBER OF THE ENVIRONMENTAL
ADVISORY BOARD WITH A TERM APRIL 17, 2002 THROUGH APRIL 17, 2004.
C. REAPPOINTMENTS OF SHERYL ALBERGA, JEANNE ALLEN, BETSY BAIRD, ANN DOWNING,
LAURIE SIMMONS, PAULA MCNUTT AND ESTHER ZIMMER AS MEMBERS OF THE WILLIAMS
BUILDING COMMITTEE WITH TERMS APRIL 17, 2002 THROUGH OCTOBER 17, 2002.
COMMISSIONER CRISPEN MOVED, SECOND COMMISSIONER GUGLIETTA TO APPROVE THE CONSENT
AGENDA AS PRESENTED.
VOTE: ALL AYES. MOTION CARRIED.
VIII. OLD BUSINESS - PUBLIC HEARINGS:
A. ORDINANCE NO. 2002-02
AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING
TO RAVE CLUBS; MAKING FINDINGS; CREATING NEW SECTIONS 73-30 TO 73-47, TOWN CODE;
PROVIDING INTENT AND PURPOSE; PROVIDING DEFINITIONS; SETTING FORTH REQUIREMENTS
FOR OBTAINING PERMITS TO OPERATE JUVENILE AND ADULT RAVE CLUBS AND QUALIFICATIONS
OF RAVE CLUB OPERATORS; PROVIDING PROCEDURE FOR OBTAINING AND POSTING PERMITS;
PROVIDING FOR FEES FOR PERMIT APPLICATIONS; PROHIBITING PERSONS UNDER 18 IN ADULT
RAVE CLUBS; PROHIBITING PERSONS OVER 18 IN JUVENILE RAVE CLUBS; PROVIDING FOR HOURS
OF OPERATION; PROVIDING FOR LICENSED SECURITY AND PARAMEDIC PRESENCE AT RAVE CLUBS;
PROHIBITING OPERATION OF RAVE CLUBS IN VIOLATION OF LAND DEVELOPMENT CODE; PROVIDING
FOR QUALIFICATIONS OF RAVE CLUB SUPERVISOR; PROVIDING FOR INSPECTIONS OF RAVE CLUB
PREMISES; SETTING FORTH CIRCUMSTANCES UNDER WHICH PERMITS SHALL EXPIRE OR BE
SUSPENDED OR REVOKED; PROVIDING A PROCEDURE FOR REVIEW OF DENIAL, SUSPENSION
OR REVOCATION OF PERMITS; PROVIDING FOR PENALTIES AND REMEDIES FOR VIOLATIONS
HEREOF; PROVIDING FOR SEVERABILITY/INTERPRETATION; REPEALING ORDINANCES AND
RESOLUTIONS INCONSISTENT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. (SECOND
AND FINAL READING)
Town Attorney Gougelman read Ordinance 2002-02 by title and advised the Town Commission that the Town of
Indialantic adopted a similar ordinance last evening.
Mayor Wille opened the public hearing for comments regarding Ordinance 2002-02. There were no comments
from the public.
Vice Mayor Smith referred to Section 73-34 on Page 13 of the Ordinance and asked Town Attorney Gougelman if
the Town Commission will be setting the fee by resolution and if staff will have to establish an application form?
Town Attorney Gougelman responded that this is correct.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER CRISPEN TO ADOPT ON SECOND READING
ORDINANCE 2002-02, AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA
RELATING TO RAVE CLUBS; MAKING FINDINGS; CREATING NEW SECTIONS 73-30 TO 73-47, TOWN CODE;
PROVIDING INTENT AND PURPOSE; PROVIDING DEFINITIONS; SETTING FORTH REQUIREMENTS FOR
OBTAINING PERMITS TO OPERATE JUVENILE AND ADULT RAVE CLUBS AND QUALIFICATIONS OF RAVE C
LUB OPERATORS; PROVIDING PROCEDURE FOR OBTAINING AND POSTING PERMITS; PROVIDING FOR
FEES FOR PERMIT APPLICATIONS; PROHIBITING PERSONS UNDER 18 IN ADULT RAVE CLUBS; PROHIBITING
PERSONS OVER 18 IN JUVENILE RAVE CLUBS; PROVIDING FOR HOURS OF OPERATION; PROVIDING FOR
LICENSED SECURITY AND PARAMEDIC PRESENCE AT RAVE CLUBS; PROHIBITING OPERATION OF RAVE
CLUBS IN VIOLATION OF LAND DEVELOPMENT CODE; PROVIDING FOR QUALIFICATIONS OF RAVE CLUB
SUPERVISOR; PROVIDING FOR INSPECTIONS OF RAVE CLUB PREMISES; SETTING FORTH CIRCUMSTANCES
UNDER WHICH PERMITS SHALL EXPIRE OR BE SUSPENDED OR REVOKED; PROVIDING A PROCEDURE FOR
REVIEW OF DENIAL, SUSPENSION OR REVOCATION OF PERMITS; PROVIDING FOR PENALTIES AND REMEDIES
FOR VIOLATIONS HEREOF; PROVIDING FOR SEVERABILITY/INTERPRETATION; REPEALING ORDINANCES AND
RESOLUTIONS INCONSISTENT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED
B. ORDINANCE NO. 2002-03
AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA,
RELATING TO HOMESTEAD EXEMPTION FROM AD VALOREM TAXATION; MAKING FINDINGS;
PROVIDING FOR AN ADDITIONAL HOMESTEAD EXEMPTION PURSUANT TO SECTION 196.075,
FLORIDA STATUTES, FOR CERTAIN ELIGIBLE SENIOR CITIZENS AGE 65 AND OLDER WHOSE
HOUSEHOLD INCOME DOES NOT EXCEED $20,000 ADJUSTED ANNUALLY BY THE AVERAGE
COST OF LIVING INDEX; PROVIDING THAT SUCH ADDITIONAL EXEMPTION SHALL ONLY
APPLY TO PROPERTY TAXES LEVIED BY THE TOWN OF MELBOURNE BEACH; PROVIDING
FOR WAIVER OF EXEMPTION; CREATING SECTIONS 14-2 THROUGH 14-9, TOWN CODE;
PROVIDING FOR ENACTMENT OF ACT, AUTHORITY, DEFINITIONS, AND ELIGIBILITY;
REQUIRING AN ANNUAL APPLICATION; PROVIDING FOR WAIVER OF A RIGHT TO SAID
EXEMPTION; SETTING FORTH THE DATE FOR THE COMMENCEMENT OF SAID EXEMPTION;
PROVIDING FOR AN ANNUAL ADJUSTMENT OF THE MAXIMUM INCOME LIMITATIONS;
PROVIDING FOR DELIVERY TO PROPERTY APPRAISER; PROVIDING FOR SEVER-ABILITY/
INTERPRETATION; REPEALING ORDINANCES AND RESOLUTIONS INCONSISTENT HEREWITH;
AND PROVIDING AN EFFECTIVE DATE. (SECOND AND FINAL READING)
Town Attorney Gougelman read Ordinance No. 2002-03 by title. Town Manager Hoskovec recommended that the
Town Commission table this ordinance until there is more understanding on the funds the Town owes the County
Clerk of Circuit Court for traffic citations and how it will affect the budget.
Mayor Wille opened the public hearing for comments regarding Ordinance 2002-03.
Alice Graham, 305 Fifth Avenue commented that she is glad to see that there is some compassion in this Town for
the senior citizens and commended the Town Commission for considering adoption of this ordinance.
Commissioner Guglietta stated that if this ordinance is adopted, the impact will not be that great on the Town's budget
as there are approximately 9 people who are eligible for this additional homestead deduction and 6 of those fit the criteria.
The loss will be approximately $2,010 per year in ad valorem taxes. Commissioner Guglietta stated that he believes
some adjustments could be made in other budgeted items for the money owed the Clerk of Courts rather than taking
it away from those who need the additional ad valorem tax relief.
Commissioner Walters stated that he appreciates the Town Manager looking out for the finances of the Town, but he
agrees with Commissioner Guglietta because those senior citizens making $20,000 a year in adjusted gross income
need this tax relief.
Mayor Wille asked Town Attorney Gougelman that if this ordinance were delayed one (1) month in considering its
adoption to allow the Town Manager more time to research the situation with the Clerk of Courts, will it be precluded
from taking effect within the time frame? Town Attorney Gougelman stated that he believes the Town will have until
the end of this calendar year to adopt the ordinance.
Commissioners Guglietta and Walters advised that they felt that if the research on money owed the Clerk of Courts
proved otherwise, the Town could rescind this ordinance in the future.
Vice Mayor Smith stated that she does not think that the loss of revenue from this ordinance will harm the Town's budget.
Commissioner Crispen stated that he agrees with everyone and would appreciate a sharp fiscal eye by the Town
Manager to see how the revenues are decreased because of this tax relief.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER WALTERS TO ADOPTED ON SECOND
READING ORDINANCE NO. 2002-03, AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD
COUNTY, FLORIDA, RELATING TO HOMESTEAD EXEMPTION FROM AD VALOREM TAXATION; MAKING
FINDINGS; PROVIDING FOR AN ADDITIONAL HOMESTEAD EXEMPTION PURSUANT TO SECTION 196.075,
FLORIDA STATUTES, FOR CERTAIN ELIGIBLE SENIOR CITIZENS AGE 65 AND OLDER WHOSE HOUSEHOLD
INCOME DOES NOT EXCEED $20,000 ADJUSTED ANNUALLY BY THE AVERAGE COST OF LIVING INDEX;
PROVIDING THAT SUCH ADDITIONAL EXEMPTION SHALL ONLY APPLY TO PROPERTY TAXES LEVIED BY
THE TOWN OF MELBOURNE BEACH; PROVIDING FOR WAIVER OF EXEMPTION; CREATING SECTIONS 14-2
THROUGH 14-9, TOWN CODE; PROVIDING FOR ENACTMENT OF ACT, AUTHORITY, DEFINITIONS, AND
ELIGIBILITY; REQUIRING AN ANNUAL APPLICATION; PROVIDING FOR WAIVER OF A RIGHT TO SAID
EXEMPTION; SETTING FORTH THE DATE FOR THE COMMENCEMENT OF SAID EXEMPTION; PROVIDING
FOR AN ANNUAL ADJUSTMENT OF THE MAXIMUM INCOME LIMITATIONS; PROVIDING FOR DELIVERY TO
PROPERTY APPRAISER; PROVIDING FOR SEVER-ABILITY/INTERPRETATION; REPEALING ORDINANCES
AND RESOLUTIONS INCONSISTENT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED.
C. ORDINANCE NO. 2002-04
AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING
TO INITIATIVES; AMENDING SECTIONS 6.01, 6.03 AND 9.05, TOWN CHARTER; MAKING FINDINGS;
PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE; AMENDING CERTAIN
LANGUAGE IN THE TOWN CHARTER; PROVIDING THAT REGISTERED ELECTORS OF THE TOWN
MAY AMEND, REPEAL, OR CREATE PROVISIONS WITHIN THE TOWN CODE OF ORDINANCES BY
INITIATIVE PETITION AND ELECTION; DELETING REFERENCES AS TO FORM OF PETITION; PROVIDING
THAT PETITIONS MAY INCLUDE ONLY A SINGLE SUBJECT FOR CODE ALTERATION; PROVIDING FOR
COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE. (SECOND AND FINAL READING)
Town Attorney Gougelman read Ordinance 2002-04 by title. Town Manager Hoskovec stated that Town staff is in
support of this ordinance being adopted.
Mayor Wille opened the public hearing for comments regarding Ordinance 2002-04. There were no comments
from the public.
Commissioner Walters stated that this ordinance will allow the residents to propose an ordinance for initiative
referendum for any subject. Commissioner Walters explains a situation where a group of residents wanted to
place an item on the ballot regarding Ryckman Park and the election's office refused the petitions for various reasons.
Commissioner Walters stated that this ordinance and the following ordinance, if adopted, will allow the residents of
the Town to get a petition signed by 10 percent of the registered voters and with help from the Town Attorney, place
an item on the ballot for a vote.
Mayor Wille stated that this will also decrease the amount of required signatures on a petition to amend the Town
Code from 20 percent to 10 percent. Mayor Wille stated that these ordinances will provide a vehicle for residents
to make changes to its Town government.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER WALTERS TO ADOPT ON SECOND
READING ORDINANCE 2002-04 AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY,
FLORIDA RELATING TO INITIATIVES; AMENDING SECTIONS 6.01, 6.03 AND 9.05, TOWN CHARTER; MAKING
FINDINGS; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE; AMENDING CERTAIN
LANGUAGE IN THE TOWN CHARTER; PROVIDING THAT REGISTERED ELECTORS OF THE TOWN MAY
AMEND, REPEAL, OR CREATE PROVISIONS WITHIN THE TOWN CODE OF ORDINANCES BY INITIATIVE
PETITION AND ELECTION; DELETING REFERENCES AS TO FORM OF PETITION; PROVIDING THAT
PETITIONS MAY INCLUDE ONLY A SINGLE SUBJECT FOR CODE ALTERATION; PROVIDING FOR
COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; A
ND PROVIDING FOR AN EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED.
D. ORDINANCE NO. 2002-05
AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA
RELATING TO INITIATIVES; CREATING SECTION 13-6, TOWN CODE; MAKING FINDINGS;
PROVIDING A PROCEDURE BY WHICH PETITIONS MAY BE CIRCULATED AND EXECUTED
BY TOWN ELECTORS PROPOSING TO ADOPT NEW TOWN CHARTER OR TOWN CODE
PROVISIONS OR AMEND OR REPEAL EXISTING TOWN CHARTER OR CODE PROVISIONS;
PROVIDING THE FORM OF SAID PETITIONS; PROVIDING FOR THE VALIDATION OF SAID
PETITIONS BY THE TOWN CLERK AND THE VERIFICATION OF SIGNATURES BY THE
BREVARD COUNTY SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY/
INTERPRETATION CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (SECOND
AND FINAL READING)
Town Attorney Gougelman read Ordinance 2002-05 by title. Town Manager Hoskovec stated that Town staff
supports adopting this ordinance.
Mayor Wille opened the public hearing for comments regarding Ordinance 2002-05. There were no comments
from the public.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER WALTERS TO ADOPT ON SECOND
READING ORDINANCE NO. 2002-05 AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD
COUNTY, FLORIDA RELATING TO INITIATIVES; CREATING SECTION 13-6, TOWN CODE; MAKING FINDINGS;
PROVIDING A PROCEDURE BY WHICH PETITIONS MAY BE CIRCULATED AND EXECUTED BY TOWN
ELECTORS PROPOSING TO ADOPT NEW TOWN CHARTER OR TOWN CODE PROVISIONS OR AMEND
OR REPEAL EXISTING TOWN CHARTER OR CODE PROVISIONS; PROVIDING THE FORM OF SAID
PETITIONS; PROVIDING FOR THE VALIDATION OF SAID PETITIONS BY THE TOWN CLERK AND THE
VERIFICATION OF SIGNATURES BY THE BREVARD COUNTY SUPERVISOR OF ELECTIONS; PROVIDING
A SEVERABILITY/INTERPRETATION CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED.
IX. NEW BUSINESS:
A. FINAL SITE PLAN APPROVAL FOR COMMUNITY CHAPEL OF MELBOURNE BEACH
PARKING LOT ON THE NORTHEAST CORNER OF OCEAN AVENUE AND PINE STREET.
Mayor Wille asked if this is a quasi-judicial issue? Town Attorney Gougelman stated yes, and reported that
quasi-judicial decisions are decisions in which the Town Commission acts in much the same role as a trial court
and explained the procedure as adopted in the Town Commission's resolution setting procedures for holding meetings.
Building Official Munroe stated that the Community Chapel has been granted a special exception by the Board of
Adjustment and has gone through the Planning and Zoning Board for a site plan review. Building Official Munroe
explained that the Chapel purchased the vacant lot at the northeast corner of Pine Street and Ocean Avenue for the
purpose of using it as a parking lot for chapel purposes. He advised that the parking lot surface is planned to be of
crushed coquina and there will be retention areas and that the public will be allowed to use the parking area.
Mayor Wille asked if any members of the Town Commission has a conflict of interest to disclose regarding this
agenda item? There were none disclosed. Mayor Wille asked if any members ofthe Town Commission made any
site visits regarding this agenda item? Commissioner Waltersstated that he paid a visit to the site and spoke with
the adjoining property owner. CommissionerWalters stated that the fence on the east side of the property is right
up against the wall of the adjacent property owner's home and business place, Apple Spas. Commissioner Walters
stated that right now there is litigation between the two (2) property owners and they have an agreement that the
Chapel will give Apple Spas 5.5 feet of the property because somehow Apple Spas' structure was built on the
adjoining lot, which gives Apple Spas 6 feet from the parking lot to their window. Commissioner Walters stated
that Apple Spas is requesting that a 6 foot board-on-board fence be placed on the east side of the property rather
than the planned shrubbery. Commissioner Walters stated that he noted a big oak tree and several bay trees and
the Chapel is requesting a Pine Street entrance instead of an Ocean Avenue entrance and, if you enter on Pine
Street, these trees may disappear and he would be opposed to these oak and bay trees being removed. Commissioner
Walters stated that he would prefer that the entrance to the parking lot face Ocean Avenue.
Brad Smith of Brad Smith and Associates came forward and introduced himself as the representative for the Community
Chapel and stated that the Board of Adjustment ruled that a parking lot was an appropriate use of this lot and the
Planning and Zoning Board had several comments that we have responded to such as pedestrian access from the
sidewalk along Ocean Avenue to the parking lot, minor landscape modifications, and vegetation closer to the edge of
the parking lot to keep vehicles from pulling onto the grass. Mr. Smith stated that the Planning and Zoning Board
requested a shadow box fence rather than a solid board-on-board fence because gale-force winds will go through a
shadow box fence. Mr. Smith stated that regarding the tree preservation, the site was walked and the site survey
shows that the 15" and 24" oak tree and the 26" banyan tree along the west property line and palms are to be preserved.
Mr. Smith stated that the 60" banyan tree will be removed because it will be right in the driveway area. Commissioner
Walters asked why it is necessary to enter on Pine Street rather than Ocean Avenue? Mr. Smith stated that the
Planning and Zoning Board asked this too, but, it has to do with access management, which tries to limit the turn
movements and gives adequate space between intersections and curb cuts. Mr. Smith stated that this is a relatively
small parcel and to have the ingress and egress that close to Pine Street will create better turning movements.
Commissioner Walters asked about the litigation issue? At this point, Bill Branch, 6307 South Highway A1A, and a
member of the Community Chapel advised that the rough draft of the agreement has been approved by both parities
and the final agreement has been typed up and submitted to the Apple's for their acceptance. Commissioner Walters
asked if this agreement, not being signed will have any affect on the plan? Mr. Branch stated it will not.
Mayor Wille asked if the adjacent property owners, Apple Spas spoke at the Planning and Zoning Board regarding
this request? Gregory Durham, 511 Andrews Drive, and member of the Planning and Zoning Board advised that the
Apples did not speak at the meeting regarding the site plan for the parking lot.
Commissioner Walters stated that for the record, they (the Apple Spa) are in favor of the parking lot and they would
be fine with a shadow-box fence. Mayor Wille asked if the applicants are willing to comply with their neighbors to the
east by installing a shadow-box fence on the west side of the proposed wax myrtle buffer. Mr. Branch stated that it
wasn't their intent to put the fence there because there will be plenty of foliage, but will comply.
Mayor Wille asked for comments from the public regarding this agenda item. There were no public comments.
Commissioner Guglietta stated that the Community Chapel has met the concerns of Apple Spas and that this
plan will be an improvement to this section of Ocean Avenue.
Commissioner Walters asked Town Attorney Gougelman that if the Town Commission approves this site plan subject
to them not cutting down the two (2) oak trees and two (2) banyan trees on the west side of the property, how would
we enforce that? Town Attorney stated that the general rule under Florida Law of site plans is, "If the site plan meets
the requirements of the code, you must approve it, whether you like it or not. If it does not meet the requirements of
the code, whether you like it or not, you have to disapprove, or at least somehow condition it so that it becomes compliant."
Town Attorney Gougelman advised that if the site plan is approved with the condition that certain trees not be removed,
and the trees are later removed, there are a couple of alternatives, take them to code enforcement or court.
Mayor Wille asked Brad Smith about the multi-situations of use regarding the parking lot such as public parking for
activities such as Founders Day. Mayor Wille asked if it is the Chapel's intention that this parking lot be used, absent
church functions, by the public? Mr. Smith stated that this has been the intention of the Chapel all along. It is for their
own use and it has always been the intent to allow the public to use the lot.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER GUGLIETTA THAT THE TOWN COMMISSION
ACCEPT THE SITE PLAN SUBJECT TO THE CONDITIONS THAT THE FOUR (4) TREES, SPECIFICALLY, THE
18 INCH BANYAN, 24 INCH OAK, 15 INCH OAK AND 26 INCH BANYAN TREES ON THE WEST SIDE OF THE
PROPERTY ARE NOT REMOVED AND IN ADDITION TO THE SHRUBBERY ON THE EAST SIDE, A 6 FOOT
SHADOW-BOX FENCE BE INSTALLED TO BE GOOD NEIGHBORS WITH THE APPLES.
Mr. Branch stated that this was discussed a couple of meetings ago and there was one statement that they thought
planting would be sufficient, which would make the property look less commercial in appearance with a fence. The
Apples never discussed this with us.
Commissioner Crispen stated that the site plan already stipulates which trees will be removed and which will stay
and if there is no difference, why is this in the motion? Commissioner Walters stated that he just wants to make
sure those trees remain. The Building Official noted that the fence cannot be 6 feet in height forward of the front building
line. Commissioner Guglietta stated that he wants those trees on the record as not being removed. Mr. Smith stated
that the fence is not required by code and our intent was to do a larger-than-minimal vegetative buffer and that he would
rather see foliage than a 6-foot fence. Mr. Smith stated that he believes it is the Commission's intent that the two (2)
parties work it out and be good neighbors. Mr. Smith stated that he would hate to see his client have to put in a fence
if it is not necessary and cause the additional expense to the project.
Mayor Wille stated that he cannot support the motion because he is uncomfortable of requiring the applicant to put up
a fence that may not be necessary. Mayor Wille stated that the Apples should have addressed the fence situation
previously and if they want to be good neighbors and work out the fence situation with the Chapel that's their option.
Commissioner Walters requested to amend his motion.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER GUGLIETTA THAT THE TOWN COMMISSION
ACCEPT THE SITE PLAN SUBJECT TO THE CONDITIONS THAT THE FOUR (4) TREES, SPECIFICALLY, THE
18 INCH BANYAN, 24 INCH OAK, 15 INCH OAK AND 26 INCH BANYAN TREES ON THE WEST SIDE OF THE
PROPERTY ARE NOT REMOVED.
VOTE: ALL AYES. MOTION CARRIED.
B. DISCUSSION AND POSSIBLE ACTION REGARDING GOVERNOR'S MUNICIPAL MENTORING
INITIATIVE (COMMISSIONER GUGLIETTA).
Commissioner Guglietta reported that a presentation was given to the Space Coast League of Cities regarding the
Governor's mentoring program and advised that this program allows municipal employees one (1) hour per month
compensatory time to go to a local school to be a mentor to the children. Commissioner Guglietta stated that
most of the municipalities in Brevard County are allowing employees to mentor children.
Town Manager Hoskovec stated that he will have policies and procedures ready to be implemented by the next
school year.
Commissioner Walters stated that he supports this idea. Mayor Wille asked for comments from the public regarding
this idea.
Martha Russo, 420 Sunset Boulevard stated that you are suggesting that one employee, for one hour each week for
the school year, that's 40 weeks to go to the school to mentor somebody. Commissioner Guglietta stated all Town
employees will be given the opportunity, it will be 22 hours. Ms. Russo asked what the purpose is? Commissioner
Guglietta stated the employee could help the children who are not keeping up with classes. Ms. Russo stated that
she is all for volunteering, but doesn't think that she would support taking a Town employee out of their position and
that one hour will turn into two hours because you have to stop what your doing and pick it back up. Ms. Russo s
tated that she does not see the benefit to the Town nor does she see the benefit to the high school kids as there are
other resources for help for these kids. Ms. Russo stated that she is not in favor of using tax dollars for this purpose.
Commissioner Walters stated that he believes this to be a good program and if one (1) child benefits, it will be well
worth it and the Town Manager will have to set the policy and rules for the employees to follow for the mentoring program.
Mayor Wille stated that he would be concerned how this program would be administered and will wait until more details
are available to comment further.
Vice Mayor Smith asked that the Town Manager be directed to write a policy on how to administer a mentoring program
and bring it back to the Town Commission for discussion.
Commissioner Crispen stated that he is not in favor of this program at the present time and would like to see the work
caught up prior to the Town employees going out of the office to benefit others outside of this community with a mentoring
program.
Commissioner Guglietta stated that the Governor's office knows we have other priorities and this can be done prior to
the beginning of the next school year.
IT IS THE CONSENSUS OF THE TOWN COMMISSION THAT THIS ITEM BE PUT ON A PRIORITY LIST AND
DISCUSSED FURTHER WITH THE TOWN MANAGER AT A WORKSHOP.
C. DISCUSSION AND POSSIBLE ACTION REGARDING REQUEST TO AMEND ALLOWABLE SPECIAL
EXCEPTIONS IN THE 6-B ZONING DISTRICT.
Town Manager Hoskovec asked that the Town Clerk introduce this item.
Town Clerk Masny stated that Michael Scenti had requested that the parcel next to Attorney Schmitt on Atlantic
Street be rezoned from 6-B to 8-B to allow multi-family residences on the lot. Town Clerk Masny stated that Mr. Scenti
was advised that he would have to complete an application for a Comprehensive Plan Amendment, which would be
approximately $1,500 and Mr. Scenti decided to ask the Town Planner what his chances are of these being granted
before he spends the funds. The Town Planner advised Mr. Scenti that he did not feel the applications for rezoning
and Comprehensive Plan Amendment would be approved. Town Clerk Masny stated that in the meantime, the applicant
came up with an idea to ask the Town Commission to change the allowable special exceptions in the 6-B zoning district
to include multi-family structures. Town Clerk Masny stated that the Town Planner advised that the Town Commission
would have the option to change the allowable special exceptions in the 6-B district.
Building Official Munroe stated that this property can be used as a parking lot or a small business, but he does not
know how a small business would be on this lot in this location.
Mayor Wille asked Gregory Durham of the Planning and Zoning Board what the status is of the Ocean Avenue code?
Mr. Durham responded that the Board and Rochelle Lawandales have been working on the code for Ocean Avenue,
but it is not in its final form yet. Mayor Wille asked if there is a potential that the recommendations in the new code
may address this? Mr. Durham responded, yes.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER GUGLIETTA TO TABLE.
VOTE: COMMISSIONER WALTERS, AYE. COMMISSIONER GUGLIETTA, AYE. COMMISSIONER
CRISPEN, AYE. VICE MAYOR SMITH, AYE. MAYOR WILLE, NAY.
MOTION CARRIED.
D. RESOLUTION NO. 704
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA
SUPPORTING INDIVIDUAL LOCAL GOVERNMENTS RIGHT TO HOME RULE AND LOCAL
GOVERNMENT PLANNING AND GROWTH; PROVIDING AN EFFECTIVE DATE.
Town Attorney read Resolution No. 704 by title. Town Clerk Masny stated that the Town Commission had requested
that any resolutions the Town receives from other cities in Brevard County be placed at toward the end of the agenda
for consideration. Town Clerk Masny stated that the Town received a similar resolution from the cities of Palm Bay
and Titusville.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER GUGLIETTA TO APPROVE RESOLUTION
NO. 704 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA SUPPORTING
INDIVIDUAL LOCAL GOVERNMENTS RIGHT TO HOME RULE AND LOCAL GOVERNMENT PLANNING AND
GROWTH; PROVIDING AN EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED.
X. REPORTS:
A. TOWN ATTORNEY
Town Attorney Gougelman reported that we had talked about the issue of finding a new Town Attorney and stated that
if the Town is going to move forward, he recommends that the Town Commission direct the Town Manager to develop
an advertisement and place it in the Brevard County Bar news letter and send it out to various government attorneys in
the area. Attorney Gougelman stated that he has been asked if he were in a big hurry to make a move and he advised
that he is not, but advised that because of the commitments and responsibilities with the City of Melbourne, they will be
enthusiastic about the Town moving the process along.
B. TOWN MANAGER
Town Manager Hoskovec stated that the Town Commission has asked for a workshop to set priorities and advised that
he would like to meet with Jack Rood at the same time to review the municipal complex plans at the same workshop.
The Town Commission asked for a some type of an agenda to help structure the workshop. Commissioner Guglietta
suggested that each Commissioner come up with a laundry list and present it to the Town Manager to avoid any
duplication of items. Mayor Wille stated that the appropriate time to discuss tasks would be during the budget
discussion process. Commissioner Walters stated that he thinks the Commission agreed that we need to discuss
items such as, do we want the Town Manager to make recommendations on every item on the agenda, how do we
want to address the items of Town business being conducted in his office, as well as discussing all of the projects
that have been set aside.
Town Manager Hoskovec reported that Ryckman Park and the Community Center are slated to be finished by
Founders Day. Town Manager Hoskovec stated that the Community Center may not be 100 percent complete
for Founders Day, but we will be able to hold our next meeting there.
Town Manager Hoskovec stated that the Town is getting temporary easements from two (2) properties which have
recently been sold and after this, the Town can move forward with bidding the Pelican/Anchor Key drainage project.
Town Manager Hoskovec reported that the forced main project on Pine Street is slated to be done by June 1st, all
of the pipe work has been completed but there is a problem on Shannon and Andrews that needs to be addressed.
Town Manager Hoskovec reported that Interim Chief of Police Carl Bailey has put in his notice to retire and advised
that Sergeant Pat Haran will be taking over as Interim Chief of Police. Mr. Hoskovec stated that he will be advertising
for a new Chief in the near future.
C. TOWN COMMISSIONERS
Commissioner Guglietta thanked Town Manager Hoskovec for the excellent job he has done since he has been
appointed to the position. Commissioner Guglietta announced that he will be at the Founders Day award ceremony
to present the Junior Citizen of the Year award. Commissioner Guglietta stated that the Space Coast League of Cities
will be electing a new president and next month's meeting will be hosted by Melbourne Beach and Indialantic and
asked for a good turnout.
Vice Mayor Smith welcomed Bill Hoskovec as Town Manager and commended him on the fine work he has done so
far. Vice Mayor Smith asked when the Town audit will be ready? Town Manager Hoskovec reported that he is working
out a few details with FACS and it is scheduled to be presented to the Town Commission next month.
Commissioner Walters suggested that whenever a resolution or document is signed by a member of the Town
Commission it be dated so we know when it was signed. Commissioner Walters asked that the Town Clerk
catch up on the minutes. Commissioner Walters asked where the Code Enforcement report is? Town Manager
Hoskovec stated he will check on this. Commissioner Walters asked that the Town Manager sit down with the
Fire Department and go over the agreement and come up with a new agreement for the new facility.
D. GENERAL COMMISSION DISCUSSION (TIME PERMITTING)
There was no general Commission discussion.
XI. ADJOURNMENT
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER CRISPEN TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The regular meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 10:00 p.m.
____________________________________
ROBERT D. WILLE, MAYOR
____________________________________
CYNTHIA E. MASNY, CMC TOWN CLERK
Note: A mechanical recording has been made of the foregoing procedures of which these minutes are a part
and is on file in the office of the Town Clerk.
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