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:
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Mayor Walters
Commissioner Guglietta
Commissioner Price
Commissioner Stacey
Commissioner Wilson
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Others Present:
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W.D. Higginbotham, Jr. Town Manager
Five members of the public
Town Clerk Masny
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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.
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STEVEN O. WALTERS, MAYOR
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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.
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