********************************************************************************************************************* MAY 17, 2000 7:00 P.M. COMMUNITY CENTER *************************************************************************************************************************************************** CALL TO ORDER VICE MAYOR BETTEN PLEDGE OF ALLEGIANCE VICE MAYOR BETTEN PRESENTATIONS AND RECOGNITIONS I. JACK ROOD - PRESENTATION OF MUNICIPAL COMPLEX PLAN - APPROVAL OF DESIGN II. APPROVAL OF MINUTES: APRIL 19, 2000 REGULAR MEETING APRIL 27, 2000 SPECIAL MEETING III. NON-SCHEDULED CITIZEN COMMENTS (3-MINUTE LIMIT, PLEASE) Comments will be heard on items that do not appear on the agenda of this meeting. Note, however, that state law and administrative rules prevent the Town Commission from taking any formal action on any item discussed at this time. The Town Commission may schedule such items as regular agenda items and act upon them in the future. The Mayor is authorized to limit discussion, as necessary, with each commentary limited to 3 minutes. IV. BOARD APPOINTMENTS, REAPPOINTMENTS & RESIGNATIONS V. PUBLIC HEARING: A. RESOLUTION NO. 655 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA ESTABLISHING A POLICY RELATING TO A NEIGHBORHOOD TRAFFIC MANAGEMENT AND CALMING PROGRAM FOR RESIDENTIAL PUBLIC STREETS; PROVIDING FOR AN EFFECTIVE DATE. VI. NEW BUSINESS: A. DISCUSSION OF BREVARD COUNTY'S PROPOSAL OF A BALLOT QUESTION TO LEVY A LOCAL DISCRETIONARY SALES SURTAX FOR SOLE PURPOSE OF FINANCING, PLANNING AND CONSTRUCTION OF INFRASTRUCTURE, ECONOMIC DEVELOPMENT PROJECTS, LAND ACQUISITION AND CLOSURE OF LANDFILLS. VII. REPORTS A. TOWN BOARDS B. TOWN ATTORNEY C. TOWN MANAGER VIII. COMMISSION ANNOUNCEMENTS, COMMENTS & REPORTS IX. ADJOURNMENT 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. |
MINUTES TOWN COMMISSION REGULAR MEETING MAY 17, 2000 A regular meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by Vice Mayor Betten at 7:07 p.m. on Wednesday, May 17, 2000 in the Community Center. Vice Mayor Betten also led the Pledge of Allegiance to the Flag. Present: Vice Mayor Betten Commissioner Remark Commissioner Smith Commissioner Stacey Absent: Mayor Wille Others Present: Town Attorney Gougelman Town Manager Ciummo Police Chief Walters Town Clerk Masny 26 members of the public I. JACK ROOD - PRESENTATION OF MUNICIPAL COMPLEX PLAN - APPROVAL OF DESIGN Jack Rood, Architects in Association, Rood & Zwick, Inc. came forward and stated that his objective tonight is to pick up where the last meeting left off regarding the complex plan, which was to revise the complex plan to keep the Community Center in its current location. Mr. Rood stated that his objective is to either receive approval of this concept or talk about another alternative plan. Mr. Rood reviewed the modified complex plan showing the revised building locations with the Town Commission and members of the public. The Town Commission and Mr. Rood discussed the revised plan and requested that the new meeting room in the Town Hall be made larger as to keep the square footage similar to the current meeting room in the fire hall to accommodate the uses of this building. Mr. Rood stated that this revised plan appears to work and appears to stay withing the budget, and if the Town Commission endorses the new complex plan, the next step will be to continue with user meetings with the staff to work out a floor plan and begin to develop a preliminary drawing to determine the actual structure, mechanical, etc. to get a better idea of the cost estimates. Mr. Rood discussed the initial ideas of phasing the construction of the new buildings to possibly include the Town Hall in Phase I. Vice Mayor Betten asked if any members of the public had any questions for Mr. Rood regarding the revised municipal complex concept plan. There were no questions from the public. Vice Mayor Betten stated that he likes the new plan to include the location of the Police Department more toward the front rather than in the back of the complex. Vice Mayor Betten stated that those previously opposed to moving the Community Center seem to be satisfied with the revised plan, and, it seems to have saved some of the green area in the park. Commissioner Stacey stated that he is in favor of moving forward and asked if Mayor Wille has had an opportunity to review the new plan? Commissioner Stacey was advised that Mayor Wille did review the plan and approves of the plan. Commissioner Remark stated that she also likes the new plan, but, the new Community Room should be larger because it will be replacing the fire hall meeting room. Commissioner Smith stated that she likes the new plan and asked if the Community Center will be renovated? Mr. Rood stated that the porch will be renovated. Commissioner Smith stated that she agrees that the Community Room will need to be larger because the Town elections will be held in this room. Mr. Rood confirmed that the Community Room is about 200 square feet smaller than the existing fire hall meeting room. COMMISSIONER STACEY MOVED, SECOND COMMISSIONER SMITH THAT JACK ROOD MOVE FORWARD WITH THE MUNICIPAL COMPLEX PLAN AS PRESENTED AND THAT THERE BE AN EFFORT MADE TO EXPAND THE COMMUNITY MEETING ROOM IN THE TOWN HALL. VOTE: ALL AYES. MOTION CARRIED. PRESENTATIONS AND RECOGNITIONS Vice Mayor Betten acknowledged those volunteers who have cleared the Town's Loggerhead Park Preserve site of Brazilian Pepper trees and other exotic vegetation. Those acknowledged were Jack Dearhammer, Gwen Haswell, Doug Adams, Chuck Cain, Nancy Manseau, Tom Macaulay, Joe Woolweaver and Curtis Byrd. Curtis Byrd was present to accept his Certificate of Appreciation and Town T-shirt. Those who indicated they would not be present will receive their certificates and Town T-shirts by mail. Vice Mayor Betten presented a proclamation and Town tank top to Melbourne Beach resident Sean Tubbs in recognition of his being selected by the National Scholastic Surf Association to participate in the 2000 National Championship Competition in San Clemente, California on June 27, 2000 through July 1, 2000. II. APPROVAL OF MINUTES: APRIL 19, 2000 REGULAR MEETING AND APRIL 27, 2000 SPECIAL MEETING COMMISSIONER SMITH MOVED, SECOND COMMISSIONER STACEY TO APPROVE THE MINUTES OF APRIL 19, 2000 REGULAR MEETING AS WRITTEN. VOTE: ALL AYES. MOTION CARRIED. COMMISSIONER SMITH MOVED, SECOND COMMISSIONER REMARK TO APPROVE THE MINUTES OF APRIL 27, 2000 SPECIAL MEETING AS WRITTEN. VOTE: ALL AYES. MOTION CARRIED. III. NON-SCHEDULED CITIZEN COMMENTS (3-MINUTE LIMIT, PLEASE) Amy Adams, 220 Surf Road representing Friends of the Library commented that the group has questioned why the Town created a Library Trust Fund when the Friends of the Library is holding fund raisers for the library? Ms. Adams stated that the group feels they should not move forward with incorporating and obtaining a tax status through the Internal Revenue Service if the Town has an active trust fund established. Ms. Adams asked if this fund is intended to overshadow the efforts of the Friends of the Library? Town Attorney Gougelman reported that this idea came up back when the community movement was to go and secure this property and people were calling Town Hall requesting to make donations to purchase books and other items prior to the land being secured. Town Attorney Gougelman stated that the Town was concerned because there was no fund set up yet and there was no restricted line-item legally restricted to benefit the library. Town Attorney Gougelman explained that the Town Commission then requested an ordinance be passed to establish this fund. Town Attorney Gougelman stated that this fund was not intended to overshadow the efforts of the Friends of the Library. The Town Commission reassured Ms. Adams that the Town did not intend to compete with the Friends of the Library and the Town is supportive of their efforts and advised that they should continue with their fund-raising efforts. Ms. Adams stated that the Friends of the Library were allowed to set up a table during the Founders Day activities; but, were advised by a Parks Board member, who she would not identify, that they were not allowed to sell their T-shirts because it was competition with the Parks Board T-shirt sales. Ms. Adams stated that the group felt that the Town was interfering with their fund raising efforts. Ms. Adams stated that she discussed with the Chairman of the Parks Board, during Founders Day, why the Friends of the Library could not sell raffle tickets and T-shirts and he allowed them to continue sales to support their efforts. Vice Mayor Betten advised Ms. Adams that the Friends of the Library has the full support of the Town Commission. Ms. Adams stated that she will convey this to the members of the group at their meeting and they will continue with establishing their status with the Internal Revenue Service. Betsy Baird, 1111 River Road and a member of the Friends of the Library and Parks Board advised that the Parks Board has a policy that only they are to sell T-shirts on Founders Day. Ms. Baird stated that the Board should have some exceptions to this policy because the Friends of the Library is a group in the Town raising funds for a worthy cause. Commissioner Smith stated that in the past, before Founders Day, the Parks Board would come to the Town Commission with a list of vendors and what prices the Board is planning to charge for these vendors to participate in Founders Day. Commissioner Smith stated that if any changes in these fees are requested, it needs to come to the Town Commission for final approval. Commissioner Smith stated that the Town Commission is supposed to review the various activities and approve the event and the Town should get back to this procedure. Ms. Baird stated that at the last meeting, the Parks Board addressed the situation regarding similar confusions and decided a master plan needs to be made on how to handle these various situations and come up with a policy to this effect. Ms. Baird advised that former Parks Board member Pam Munch has offered to write up with a plan as to how Founders Day is put together. Commissioner Smith stated that the Town Commission always looked at the list of vendors and vendor fees a month prior to the event and stated that the Town Commission should direct the Town Clerk to look into how this was handled in the past. Commissioner Smith stated that in the past, the Town Manager had a policy that there be no political tables at Founders Day. Lori Wille, 809 Riverside Drive and a member of the Parks Board stated that the Board discussed the situation with the Friends of the Library and it was determined that they could sell the T-shirts and raffle tickets. Ms. Wille advised that the Board had decided years ago that they be the only group allowed to sell T-shirts on Founders Day. Ms. Wille stated that each member of the Parks Board has decided to write down the policy for the different activities, which will help with the future planning. Commissioner Smith advised that the Town Commission would have to approve any policy requested by the Parks Board. Donald Kenney, 405 Sunset Boulevard commented that he received a letter from the Town Manager regarding his letter to the editor about the increase in compensation for the Town Commission. Mr. Kenney commented that he was not opposed to the increase, he was opposed to the way it was done. IV. BOARD APPOINTMENTS, REAPPOINTMENTS & RESIGNATIONS Town Clerk Masny advised that Betsy Baird and Lori Wille's terms expire on the Parks Board on May 20th and their meeting attendance is in the memo in the Commission packet. Town Clerk Masny stated that they both have requested to be reappointed to the Board and, if the Town Commission reappoints them, it will be for two (2) year terms. COMMISSIONER SMITH MOVED, SECOND COMMISSIONER REMARK TO REAPPOINT BETSY BAIRD AND LORI WILL TO THE PARKS BOARD WITH TERMS MAY 17, 2000 THROUGH MAY 17, 2002. VOTE: ALL AYES. MOTION CARRIED. Town Clerk Masny advised that there are vacant Alternate Member Number Two positions on three of the Town Boards, the Planning and Zoning Board, Code Enforcement Board and Civil Service Board. Town Clerk Masny advised that the Town has received three (3) applications for appointments to the Town Boards. Vice Mayor Betten asked which of these applicants are present? Town Clerk Masny stated that Mr. Campbell advised that he would be at a meeting in Sarasota and unable to attend the meeting. Town Clerk Masny advised that Michael Bove and Jeanne Allen are present. Vice Mayor Betten invited the applicants to come forward and introduce themselves to the Town Commission. Jeanne Allen, 424 Avenue A came forward and stated that the Board she would prefer to be on is the Environmental Advisory Board, but, there is not an opening at the present time. Ms. Allen stated that she would like to get involved in Melbourne Beach and will serve on another board until an opening comes up on the Environmental Board. Ms. Allen asked what the Civil Service and Code Enforcement Boards do? Commissioner Stacey explained the duties of the Civil Service Board and Vice Mayor Betten explained the duties of the Code Enforcement Board. Ms. Allen stated that she would agree to serve on the Civil Service Board. Michael Bove, 216 Ash Avenue came forward and stated that he would like to become more involved in his hometown and would serve on any Board the Town Commission feels he would be of help. Commissioner Smith stated that David Campbell was first appointed to the Planning and Zoning Board on April 5, 1983 and on April 22, 1998 the Town Commission voted not to reappoint Mr. Campbell to the Board. Commissioner Smith stated that a previous Town Commissioner stated that he wanted new people on the Board. Commissioner Smith stated that prior to not being reappointed, Mr. Campbell served as Chairman for many years and served on the committee to do the Town's Comprehensive Plan. Town Commissioner Smith advised that the Town did not keep attendance records for Board members prior to 1994. Commissioner Smith stated that in 1997, the Board held 7 meetings and Mr. Campbell missed one and was excused, in 1996 the Board held 10 meetings and he was present for every meeting, in 1995 the Board held 9 meetings and he was present for every meeting, in 1994 the Board held 10 meetings and was present for every meeting. Commissioner Smith summarized that in four (4) years, the Board held 36 meetings and Mr. Campbell missed one (1) meeting. Commissioner Smith stated that even though Mr. Campbell is not currently on the Planning and Zoning Board he has been attending the meeting while the Town Center code is being discussed. COMMISSIONER SMITH MOVED, SECOND COMMISSIONER REMARK TO APPOINT DAVID CAMPBELL AS ALTERNATE MEMBER NUMBER TWO ON THE PLANNING AND ZONING BOARD WITH A TERM MAY 17, 2000 THROUGH MAY 17, 2003. VOTE: ALL AYES. MOTION CARRIED. COMMISSIONER REMARK MOVED, SECOND COMMISSIONER SMITH TO APPOINT MICHAEL BOVE AS ALTERNATE MEMBER NUMBER TWO ON THE CODE ENFORCEMENT BOARD WITH A TERM MAY 17, 2000 THROUGH MAY 17, 2003. VOTE: ALL AYES. MOTION CARRIED. COMMISSIONER REMARK MOVED, SECOND COMMISSIONER SMITH TO APPOINT JEANNE ALLEN AS ALTERNATE MEMBER NUMBER TWO ON THE CIVIL SERVICE BOARD WITH A TERM MAY 17, 2000 THROUGH MAY 17, 2004. VOTE: ALL AYES. MOTION CARRIED. V. PUBLIC HEARING: A. RESOLUTION NO. 655 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA ESTABLISHING A POLICY RELATING TO A NEIGHBORHOOD TRAFFIC MANAGEMENT AND CALMING PROGRAM FOR RESIDENTIAL PUBLIC STREETS; PROVIDING FOR AN EFFECTIVE DATE. Town Attorney Gougelman read Resolution No. 655 by title. Police Chief Walters came forward and stated that the Town Commission has requested this written policy and reviewed a flow chart prepared for the Traffic Management Policy. Police Chief Walters discussed his suggested Traffic Management Policy with the Town Commission and advised that the Town Manager and he will suggest which type of traffic calming should be used, depending on the situation. Town Manager Ciummo as advised by Mr. Sandy Wilson of 405 Sunset Boulevard, advised Chief Walters that Riverside Drive, Ocean Avenue and Oak Street are not considered residential streets and need to be differentiated in the traffic calming plan. Vice Mayor Betten asked Chief Walters if a street such as Sunset Boulevard, can request action prior to 400 vehicles traveling on the street? Chief Walters stated that they can go through the process with 300 vehicles traveling on the street and a recommendation would probably be to look at a level of service number 1 for a possible recommendation to the Town Commission. Commissioner Smith asked Chief Walters to explain the 'citizen meeting' idea. Chief Walters explained that, as an example, with the recent situation on Riverview Lane, two (2) residents called with the idea to lower the speed limit. With the citizen meeting, he would request a resident to go out and find others in the neighborhood who are also concerned about the same problem. At this point, they could all get together and hold a meeting to discuss their concerns with the Town Manager and/or Police Department and the solution could be just to advise everyone in the neighborhood to slow down or they could receive a speeding ticket or it could possibly be a bigger problem. Commissioner Remark asked Chief Walters to explain the idea of the residents paying for certain levels of service. Chief Walters explained that with level 3 and level 4, the prices range from $3,000 to $40,000. Commissioner Remark asked the Town Attorney if the Town would have to assess the neighborhood for these funds? Town Attorney Gougelman stated that he had discussed this with the Town Manager earlier today and it can be done, but, you have to be very careful doing assessments. Town Attorney Gougelman stated that, as a general rule, he does not like the assessment vehicle. Town Attorney Gougelman advised the Town Commission that it can adopt Resolution No. 655 establishing a policy relating to neighborhood traffic management and calming for residential streets, but, recommended that the Town adopt an Ordinance to set up the framework to delegate staff the authority to implement the resolution and use it as a guideline. Town Attorney Gougelman stated that the Ordinance will also delegate to staff the authority to certain traffic regulation, which the Town does not currently have. Town Attorney Gougelman stated that the next step is to adopt the ordinance, resolution and the policy. Town Manager Ciummo stated that staff would like to bring this back to the Town Commission more formally with an ordinance format to establish who the authority can be delegated to. Town Manager Ciummo stated that the policy has to be flexible enough to make modifications through the resolution format. Sandy Wilson, 410 Sunset Boulevard requested that the Town Commission look at the Comprehensive Land Use Plan for the Town because the Police Chief seems to have a different idea as to how the streets are labeled in Town. Mr. Wilson explained that State Road A1A is a minor arterial, Riverside Drive is an urban collector and there are residential streets. Mr. Wilson stated that the policy needs to take into consideration what the streets are labeled. Mr. Wilson stated that the traffic needs to be diverted to the minor arterial streets. Town Manager Ciummo stated that the plan could define the street and in the definition of the street would come the different levels of service. Donald Kenney, 405 Sunset Boulevard presented a copy of Section 316.074, Florida Statues. Commissioner Remark asked Town Attorney Gougelman to read subparagraph (2) and tell the Town Commission what this means? Town Attorney Gougelman stated that this means, 'you can't use roadway 'B' to avoid traffic control devices on roadway 'A'. Town Attorney Gougelman stated that proving this is another mechanism. Vice Mayor Betten asked Mr. Kenney to keep this discussion to the traffic management policy. Mr. Kenney stated that he feels this falls under Section 19.01 of the policy which states, 'This policy will not apply to measures on public streets initiated by the Town Commission to address specific traffic safety issues or to comply with State and Federal standards.' Mr. Kenney stated that if the Town posted a sign showing a STOP ahead, prior to reaching Sunset Boulevard, this will not excuse the cut-through traffic to avoid the STOP sign. Mr. Kenney also requested the Town post a sign noticing drivers that cutting through residential streets is illegal, along with the fine. It is the consensus of the Town Commission that this item be taken up at the next meeting, with an ordinance to be drafted by the Town Attorney. VI. NEW BUSINESS: A. DISCUSSION OF BREVARD COUNTY'S PROPOSAL OF A BALLOT QUESTION TO LEVY A LOCAL DISCRETIONARY SALES SURTAX FOR SOLE PURPOSE OF FINANCING, PLANNING AND CONSTRUCTION OF INFRASTRUCTURE, ECONOMIC DEVELOPMENT PROJECTS, LAND ACQUISITION AND CLOSURE OF LANDFILLS. Town Manager Ciummo stated that there is a provision of the State law which allows the County to put a question on the ballot to ask the voters if they want to adopt an infrastructure surtax on sales. Town Manager Ciummo stated that based on an estimate, $107,499 would come back to the Town if it were a .5% increase and a 1% increase would generate $214,998. Town Manager Ciummo stated that these funds could be spent on infrastructure improvements. Town Manager Ciummo stated that the County wants to know if the Town Commission supports the decision for the County Commission to place this discretionary sales tax on the November ballot, the percentage amount, the term, and if the school board should be able to share this money, and, what uses should the funds be restricted to? Town Manager Ciummo stated that this tax would bring more money into the general fund for generalized types of capital improvements for the Town. Town Manager Ciummo advised the Town Commission to let the County Commission know the Town would like this issue to go to the voters, request 1% for 15 years, and that the school board not be allowed to share the funds. Town Attorney Gougelman stated that the County ballot issues to increase taxes have never had a successful history and suggested that if the Town recommends that the County pursue this, the ballot question needs to be very clear to people what this money is to be used for and how the voters will benefit. Vice Mayor Betten stated that he believes that the Town Commission should send the same message without the 'yes' vote and let the County Commission know that the Town Commission feels this needs to be more specific, that it be more of a line-item type of surcharge tax and that they need to take another look at the gas tax. It is the consensus of the Town Commission that the County Commission needs more specificity as to the use of funds before the Town Commission can give their endorsement. VII. REPORTS A. TOWN BOARDS There were no Town Board reports. B. TOWN ATTORNEY There was no Town Attorney report. C. TOWN MANAGER There was no Town Manager report. VIII. COMMISSION ANNOUNCEMENTS, COMMENTS & REPORTS Commissioner Remark congratulated Susan Stark for being appointed 'Citizen of the Year'. Commissioner Remark discussed a decking material made out of hardwood and plastic bags which can be used on piers, gazebos, and park items. Commissioner Remark advised that there is a company in Rockledge that sells the materials and advised that the material can be used on historic structures also. Commissioner Remark was advised to forward this information to the Parks Board and also to Design Architect, Jack Rood. Vice Mayor Betten reported that the subject of dogs on the beach will be coming back up again in the future and advised that he will be part of a support group to go back to the County Commission to again request a trial period to allow dogs on the beach. Vice Mayor Betten discussed that he is working with a client, who lives at the Breaker's Condominium, to come up with an environmental-friendly way to save dunes that is an alternative to sea walls. Vice Mayor Betten stated that he has preliminary drawings and will be coming back to the Town Commission with this idea. IX. ADJOURNMENT COMMISSIONER SMITH MOVED, SECOND COMMISSIONER STACEY TO ADJOURN. VOTE: ALL AYES. MOTION CARRIED. The regular meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 10:15 p.m. BRADFORD D. BETTEN, VICE 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. |