TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - Workshop
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Wednesday
May 5, 2004
COMMUNITY ROOM - TOWN HALL
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A workshop of the Town Commission of the Town of Melbourne Beach, Florida was called to order by 
Mayor Walters at 6:52 p.m. on Wednesday, May 5, 2004 in the Community Room at Town Hall.  
Present:  
Mayor Walters
Commissioner Guglietta
Commissioner Price
Commissioner Stacey
Commissioner Wilson
Others Present:  
W.D. Higginbotham, Jr. Town Manager
Five members of the public
Town Clerk Masny
I.      REVIEW OF AGREEMENT BETWEEN THE TOWN OF MELBOURNE BEACHAND THE MELBOURNE 
        BEACH VOLUNTEER FIRE DEPARTMENT, INC.
        Town Manager Higginbotham noted that the Municipal Complex was dedicated last Saturday, May 1, 2004 
        and the last agreement between the Town and Melbourne Beach Volunteer Fire Department and Corporation 
        was entered into in November 1993 and needs to be updated so that all understand what is expected of all 
        parties. 

        Town Manager Higginbotham noted that on Page 2, #5 talks about maintaining training records and stated 
        that he is concerned that many issues can be settled by discussion between the Town Manager and Fire 
        Chief.  Page 3,  #7 talks about quarterly reports of income and expenditures and he thinks this needs to be 
        updated so all know what will be in the quarterly reports; Page 3, #8  indicates that a roster, including names 
        and addresses of volunteer fire fighters needs to be maintained and on file with the Town Manager or Town 
        Clerk;  Page 4, #9, Town Manager Higginbotham asked if the fire department has a current operating 
        manual?; and Page 4,  #10, talks about the existing fire facilities which needs to be clarified as we are 
        now in one facility and it needs to be clarified as to what the Town expects of the Department and 
        Corporation and what they expect of the Town.

        Mayor Walters commented that the agreement refers to Town, Corporation and Department and suggested 
        that the word “Corporation” be eliminated and replaced with “Department” throughout.   Mayor Walters advised 
        that there are two (2) other volunteer fire departments in the county and they do not have a separate department 
        and a corporation.

        Mayor Walters suggested that the Town Commission review the existing agreement, give changes to the 
        department for review and have the fire department board vote on any changes.  

        Mayor Walters commented that he believes the agreement should be with the Town and the Melbourne 
        Beach Volunteer Fire Department, Inc., unless there is a legal reason it cannot be this way.

        The Town Commission discussed that the new state rule is that the department must show a good faith 
        effort to comply to have new members take 160 hours of training, but the old members need to have 
        hazardous training and would like to know how the department is making sure that the people taking 
        the exam and are passing it.  There needs to be a better understanding or policy to let the Town and 
        department know which people are combat trained and support trained, and if they go inside a structure 
        on fire, they have training for these “hot zone” people.

        The Town Commission discussed why, under #3 on Page 1, it can read, “The Melbourne Beach Volunteer 
        Fire Department, Inc. is a “private,” not for profit corporation as this may imply that they are not responsible 
        to the Town.   

        It was discussed that the Town is covering the volunteers under workers’ compensation insurance and that 
        all insurance coverage should be specified in the agreement. It was noted that the marine rescue unit 
        should be listed in the agreement. The Town needs to look at the mutual aid agreement and incorporate 
        it into the agreement between the Town and Fire Department.

        Mayor Walters suggested that the last sentence of #6 be deleted from the agreement to allow the Fire 
        Chief to sit as an officer or director of the corporation (department) because he should be allowed to 
        give input.

        It was noted that it specifically states in the agreement between the Town and Department that any 
        donations made to the Town of Melbourne Beach are be used for the Fire Department and if the donations 
        are made to Melbourne Beach Volunteer Fire Department, Inc., the money goes to them and is used for 
        the Fire Department. 
  
        The Commission discussed that Page 3, #7 reads, “The Corporation shall submit a quarterly report listing 
        income and expenditures to the Town Manager,”  and this needs to be cleared up and as the Town does 
        not receive these reports.

        It is discussed that the agreement may need to amend or better define the 2-mile radius residency 
        requirement for volunteer fire fighters and better define what category each person is on the list of 20 
        persons such as support, active, etc.  

        The Town Commission discussed the use of the community room.  It was discussed to have the Town 
        Clerk schedule the room with priority given to use by the Fire and Police departments for training.   The 
        room should also be used by the Parks Board, Beach Gardeners, etc. Mayor Walters suggested that any 
        fees collected for rental of the Community Room be used to clean the room.

        It was noted that the $25,000 life insurance policy may need to be adjusted and for liability purposes, 
        children in the fire department must be supervised at all times and no children under the age of 12 shall 
        be in the fire department after 9:00 p.m., except for fire calls or declared emergencies and this must be 
        approved by a staff member.  

        Commissioner Guglietta commented that on Page 3, the agreement refers to “support” and asked what 
        these people do?  Chief Hunter responded, recruitment, retainment, training, etc.  Commissioner Guglietta 
        discussed a letter he received from the City of Fort Lauderdale requesting a donation of a fire truck for their 
        sister city in Haiti.  

        Commissioner Price commented that a good procedure will be to have the new Town Manager sit down 
        with the fire department and come up with a draft agreement.

        Mayor Walters asked for and received approval to write articles for the next newsletter regarding the municipal 
        complex dedication, various photos, and an article regarding scale disease  being discovered on sable palm 
        trees.  There were no objections.

        There being no further business, the workshop adjourned at 7:50 p.m.
 
____________________________________
STEVEN O. WALTERS, 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.
PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, THE TOWN HEREBY 
ADVISES THE PUBLIC THAT: If a person decides to appeal any decision made by the 
Town Commission with respect to any matter considered at its meeting, he will need a 
record of the proceedings and that for such purpose, affected persons may need to insure 
that a verbatim record of the proceedings is made, which record includes the testimony 
and evidence upon which the appeal is to be based.  This notice does not constitute 
consent by the Town for the introduction or admission into evidence of otherwise 
inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not 
otherwise allowed by law.