TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - Regular Meeting
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Wednesday
May 19, 2004
COMMUNITY CENTER
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A regular meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by
Mayor Walters at 7:00 p.m. on Wednesday, May 19, 2004 in the Community Center. Mayor
Walters also led the Pledge of Allegiance
Present:
Absent:
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Mayor Walters
Commissioner Price
Commissioner Stacey
Commissioner Wilson
Commissioner Guglietta
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Others Present:
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Town Attorney Gougelman
Town Manager Higginbotham
65 members of the public
Town Clerk Masny
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Mayor Walters reported that Vice Mayor Guglietta is in the hospital and will not be present.
I. CHANGES TO THE AGENDA
Commissioner Wilson asked that Agenda items VII A. and VIII. C. be placed under the consent agenda.
There were no objections from the Town Commission.
II. NON-SCHEDULED CITIZEN COMMENTS.
DX Ross, First Vice President of Island Garden Club came forward and requested that the Town Commission
add their organizations to the resolution and allow them to meet at the Community Center for monthly meetings
at no charge. Ms. Ross reported that 25 percent of the members are from Melbourne Beach and they are a
nonprofit organization. Some of their projects include landscaping houses for Habitat for Humanity and they
annually sponsor a child to Florida Federation Wochiva Camp. The club met at the Community Center for
four (4) years prior to the renovation of the building. Ms. Ross advised that the group would like to meet on
the second Wednesday of each month during the day time hours and the Parks Board meets that evening.
Ms. Ross stated that the club will make sure the Community Center is tidy. Ms. Ross stated that the club
will make a small donation or provide easy to care for greenery for the lobby of Town Hall.
It is the consensus of the Town Commission to add the Island Garden Club to the resolution naming those
organizations who are allowed to meet at the Community Center free of charge.
Mayor Walters asked the Club to consider adopting Circle Park and landscape it. The club members stated
that they will consider it.
Michael Fufidio, 205 Second Avenue asked what is the status of appointing a Police Chief? Mayor Walters
responded that the Town Manager will give an update on this item tonight.
Bill Hoskovec, 526 Avenue B commented that the format of the agenda has been changed without changing
the resolution and Susie Stark was omitted from the ribbon-cutting ceremony for the municipal complex and
should be afforded a written apology from the Town Commission, and commented that the website is out of
date as the photos need to be updated.
Bruce Black, 508 Ocean Avenue commented that he would be happy to take care of Circle Park if the Island
Garden Club does not want to take on the duty. Mr. Black asked if the Town has an idea how the new
homestead exemption will affect the Town if it goes into effect? Mr. Black commented that last month
the Town Commission reacted more emotionally than fiscally regarding a motion rather than discussing
Mr. Hamilton’s offer of a settlement.
III. PRESENTATIONS BY SPECIAL GUESTS: AMY ADAMS, CAPE CANAVERAL SCIENTIFIC
- DISCUSSION AND POSSIBLE ACTION REGARDING GRANT WRITING SERVICES FOR A
DEP/EPA 319(h) STORMWATER GRANT AND ST. JOHNS RIVER WATER MANAGEMENT
DISTRICT STORMWATER COST-SHARE PROGRAM GRANT.
Amy Adams addressed the Town Commission regarding stormwater grants for the Town and advised
that she met with Town Engineer, Gail Jones regarding a possible stormwater project at Basin 9, with
a cost estimate of $300,000 to do 3 baffle boxes, exfiltration, repairing of conveyance pipes in Basin
9 and adding 11 catch-basin inlets to collect debris. The proposal is to apply for a 319 grant, which
is Federal funding of 60% of the project and the Town would fund 40% of the project. Ms. Amy
reminded that the Town was awarded this type of grant for the Pelican/Anchor Key grant and
received the balance of the funding from St. Johns River Water Management District, and the
Town did not use any funding out of its Stormwater Utility. Ms. Adams stated that she is
proposing the same idea with this grant, the Town has a $300,000 project and will request
$180,000 from the 319 grant (construction money only) and the rest of the funding from another
grant source such as the St. Johns River Water Management District.
Ms. Adams stated that her firm is under contract with the Indian River Lagoon Program, which is
part of the St. Johns River Water Management District and this contract allows her to write grants
at no cost, for local governments have advised that they will assume costs for her to submit this grant
for the Town, but not the St. Johns River Water Management District’s grant because that is a conflict
of interest. Ms. Adams reported that about 20 grants are funded each year.
Mayor Walters stated to Ms. Adams that he contacted the Department of Environmental Protection and
was advised that they had already advised another municipal entity that they were not going to fund grants
along the line of baffle-box type grants. Ms Adams commented that there had been no pre-screening yet
and this would be done in the future to decide if this type grant would be funded. Ms. Adams stated that
this program would prefer large projects, but she will be asking for $180,000 and this project will perform
many types of treatments to the water prior to discharge into the lagoon.
Commissioner Price asked what would be the savings the Town would realize if the grant application costs
are paid for for us? Ms. Adams responded $4,760 is her quote and the Water Management District pays
her $6,600 and if the Town marries the two (2) grants together, it could be done for under $3,000.
Commissioner Wilson asked what the grant match is? Ms. Adams responded we pay for 40% and they
pay for 60%. Ms. Adams stated that if you have 60% of the money coming from the Environmental
Protection Agency (EPA), which is a Federal program, you can match it against 40% from a State
agency. Commissioner Wilson asked if the Town is using funding from the stormwater utility? Ms.
Adams stated that the Town can use the money from two (2) fiscal year stormwater utility budgets.
Town Manager Higginbotham commented that Ms. Adams is looking into using Federal money with a
match of State money and not all of this will come out of the stormwater money. Ms. Adams responded
that this is correct.
Commissioner Stacey verified that if the Town were to move forward, it will cost the Town about $3,000.
Mayor Walters stated that he called St. Johns River Water Management District and they are under
the impression that Ms. Adams has a contract with them to do these grants for free for the Town.
Ms. Adams stated that she is under contract with the Water Management District and they pay her
to work with local governments to write grants and there is also a grant opportunity with the Water
Management District that is a 50/50 split and there is also the 319 grant and her services are paid
for to write the 319, they will not pay her to write their own grant because that is a conflict of interest.
Commissioner Price explained that there is no cost to the Town to accept this as presented.
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER STACEY TO ACCEPT THE PROPOSAL
FROM CAPE CANAVERAL SCIENTIFIC FOR GRANT WRITING SERVICES FOR A DEP/EPA 319(h)
STORMWATER GRANT AT NO COST TO THE TOWN.
VOTE: ALL AYES. MOTION CARRIED.
Ms. Adams asked if the Town Commission would like to move forward with the St. Johns River Water
Management grant and stated that it would not be sensible to request one grant and not the other and
the Town could wait until the 319 grant is prescreened before making the decision.
Town Manager Higginbotham explained that the two (2) cost estimates presented, the 319 grant will
be funded and much of the work Ms. Adams will be doing on the 319 grant will go toward the preparation
of the cost share program grant funding, which she has advised can be done for $3,000. Ms. Adams
has determined that if she discovers that the 319 grant is not going to get funded, she will not proceed
with the second grant.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO ACCEPT THE SECOND HALF
OF THE GRANT (ST. JOHNS RIVER WATER MANAGEMENT DISTRICT) NOT TO EXCEED $3,000.
VOTE: ALL AYES. MOTION CARRIED.
IV. APPROVAL OF MINUTES: APRIL 14, 2004 WORKSHOP AND
APRIL 21, 2004 REGULAR MEETING.
Mayor Walters requested changes to Pages 7, 8, 9, 12, and 16 of the April 21, 2004 regular
meeting minutes. Commissioner Price requested changes to Page 6 the minutes of April 21, 2004
and Page 2 of the April 14, 2004 workshop.
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER PRICE TO APPROVE THE MINUTES
OF APRIL 14, 2004 WORKSHOP AND APRIL 21, 2004 REGULAR MEETING AS AMENDED.
VOTE: ALL AYES. MOTION CARRIED.
V. REPORTS BY ANY TOWN BOARD OR COMMITTEE SUBMITTING A REPORT.
There were no Town Board or Committee reports.
VI. CONSENT AGENDA:
A. ACCEPTANCE OF RESIGNATION OF HUGH NICOALY FROM THE CODE
ENFORCEMENT BOARD.
B. APPROVAL OF RATE ADJUSTMENT REQUEST FROM WASTE MANAGEMENT.
VII. OLD BUSINESS
A. CONSIDERATION OF AWARD OF BID FOR OAK STREET PEDWAY
IMPROVEMENTS. (TABLED APRIL 21, 2004)
CONSENT AGENDA CONTINUED:
VIII. NEW BUSINESS
B. DISCUSSION AND POSSIBLE ACTION REGARDING ACCEPTANCE OF
GRANT FUNDING FROM THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
THROUGH THE 2004 INDIAN RIVER LAGOON LICENSE PLATE FUNDING PROGRAM
FOR STORMWATER IMPROVEMENTS TO THE MELBOURNE BEACH PEDWAY
IMPROVEMENTS.
C. APPROVAL OF REVISION TO LEASE AGREEMENT BETWEEN BYRON
BEARD, L.L.C, A COLORADO LIMITED LIABILITY COMPANY AND THE TOWN OF
MELBOURNE BEACH REGARDING A STRIP OF LAND BETWEEN RIVERSIDE DRIVE
AND THE MELBOURNE BEACH MUNICIPAL PIER.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO APPROVE THE
CONSENT AGENDA, ACCEPT THE RESIGNATION OF HUGH NICOLAY FROM THE CODE
ENFORCEMENT BOARD; APPROVE A RATE ADJUSTMENT REQUEST FROM WASTE MANAGEMENT,
AWARD THE BID FOR THE OAK STREET PEDWAY IMPROVEMENTS FOR PHASE I AND III AT A COST
OF $308,992.50 TO C&D CONSTRUCTION, ACCEPT GRANT FUNDING FROM THE ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT AND THE TOWN MANAGER WILL EXECUTE THE AGREEMENT,
SUBJECT TO APPROVAL BY THE TOWN ATTORNEY, AND APPROVE THE REVISION TO THE LEASE
AGREEMENT BETWEEN BYRON BEARD, LLC AND THE TOWN OF MELBOURNE BEACH REGARDING
A STRIP OF LAND BETWEEN RIVERSIDE DRIVE AND THE MELBOURNE BEACH MUNICIPAL PIER.
VOTE: ALL AYES. MOTION CARRIED.
VII. OLD BUSINESS:
B. APPOINTMENTS TO THE PLANNING AND ZONING BOARD. (TABLED APRIL 21, 2004)
Mayor Walters asked when the newsletter will be to the residents as there is a notice in it regarding
requests for Town residents to volunteer for the various Town Boards. Town Clerk Masny stated that
it will be to the residents the first part of June. Mayor Walters asked that this item be tabled again to
allow time for the residents to receive the newsletter and submit applications for volunteer board positions.
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER STACEY TO TABLE APPOINTMENTS TO
THE PLANNING AND ZONING BOARD.
VOTE: ALL AYES. MOTION CARRIED.
C. DISCUSSION AND POSSIBLE ACTION REGARDING TERM LIMITS.
(MAYOR WALTERS)(TABLED APRIL 21, 2004)
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER WILSON TO REMOVE THIS AGENDA
ITEM FROM THE TABLE FOR DISCUSSION.
VOTE: ALL AYES. MOTION CARRIED.
Mayor Walters stated that he suggests that the Town take to the voters on the next election, term
limits for Commission members and that it be modeled after the City of Melbourne’s ordinance. Mayor
Walters asked Town Attorney Gougelman to give background regarding Melbourne’s ordinance. Town
Attorney Gougelman reported that the voters in Florida have amended the State Constitution to provide
term limits for the State Cabinet, State House and State Senate. The County Charter has been amended
to provide term limits for County Commissioners. Some of the cities have term limits, such as Satellite
Beach and the City of Melbourne term limits were done by citizen petition and the Town can initiate term
limits by citizen petition or the Town Commission can put this on the ballot. Town Attorney Gougelman
stated that there is a legal requirement to amend the Town Charter, which includes submitting the proposal
to the electorate. The Town Commission will have to figure out the maximum number of terms someone
will serve and then it will not take effect with someone who is currently serving a term, it will take affect
after the next election. Town Attorney Gougelman stated that the City of Melbourne has four (4) year
Council terms and they can serve two (2) terms.
Commissioner Wilson asked what if a Commissioner went from Commissioner to Mayor and then back
to Commissioner? Town Attorney Gougelman stated that Melbourne’s term limits do not bar you from this,
if you serve two (2) terms as Commissioner, you can then serve two (2) terms as Mayor.
Mayor Walters suggested that the Town Attorney draft and ordinance with term limits no more than
two (2), three (3) year terms, without taking a term off.
Mayor Walters opened the meeting for public comment.
Trish Riemer, 607 Riverside Drive asked if before this goes to a referendum, would the Town Commission
vote on the wording? Town Attorney Gougelman advised that it will be in ordinance form with enough time
to review the wording to accommodate two (2) readings.
Martha Remark, 707 Atlantic Street asked what it will cost to change the charter and stated that if the
residents were interested in term limits, we would request them.
Sherri Quarrie, 701 Pine Street commented that she voted for term limits in the national election and
would consider the House of Representatives, but not a small town like Melbourne Beach as the voters
set the term limits by casting their votes. Ms. Quarrie stated that term limits will reduce the amount
of good government we have.
Mike King, 1402 Oak Street commented that he supports term limits at every level possible.
Commissioner Price asked why do we need term limits? In Melbourne Beach we have a high voter
turn out and term limits are for areas where only 25% of the people vote and that he believes the
voters supply the term limits.
Ann Downing, 801 Pine Street commented that the idea of having the term limits should come from
the people of the Town, who also decide who should serve.
Mayor Walters passed the gavel to Commissioner Price to make a motion.
MAYOR WALTERS MOVED, SECOND COMMISSIONER WILSON THAT THE TOWN ATTORNEY DRAFT
AN ORDINANCE FOR TERM LIMITS, MODELED AFTER THE CITY OF MELBOURNE FOR NO MORE
THAN TWO (2), THREE (3) YEAR TERMS TO BE PLACED BEFORE THE VOTERS ON THE NOVEMBER
BALLOT. VOTE: COMMISSIONER STACEY, AYE. COMMISSIONER WILSON, AYE. MAYOR WALTERS,
AYE. COMMISSIONER PRICE, NAY.
MOTION CARRIED.
VII. NEW BUSINESS:
A. CONSIDERATION OF TOWN BOARD APPOINTMENTS AND
REAPPOINTMENTS.
COMMISSIONER STACEY, SECOND COMMISSIONER WILSON TO REAPPOINT SHERYL ALBERGA,
BETSY BAIRD, ANN DOWNING, LAURIE SIMMONS, PAULA MCNUTT AND ESTHER ZIMMER TO THE
WILLIAMS BUILDING AD HOC COMMITTEE WITH A TERM MAY 19, 2004 THROUGH MAY 19, 2005.
VOTE: ALL AYES. MOTION CARRIED.
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER STACEY TO REAPPOINT ROBERT
BELFATTO TO THE PARKS BOARD WITH A TERM MAY 19, 2004 THROUGH MAY 19, 2006.
VOTE: ALL AYES. MOTION CARRIED.
IX. PUBLIC HEARING.
A. ORDINANCE NO. 04-01 AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD
COUNTY, FLORIDA RELATING TO ZONING, MAKING FINDINGS; AMENDING SECTION 1A-3, 7A-31,
7A-32 AND 7A-33, 7A-55, 7A-59 AND 7A-136, APPENDIX A, TOWN CODE; AMENDING DEFINITIONS
AND PROVIDING NEW DEFINITIONS; CLARIFYING HOW HEIGHT SHALL BE CALCULATED;
DELETING OBSOLETE LANGUAGE RELATING TO THE CALCULATION OF HEIGHT IN THE RS-1,
RS-2, AND RS-3 ZONING DISTRICTS; REVISING THE MINIMUM FLOOR ELEVATION FOR NEW
BUILDING CONSTRUCTION; PROVIDING A LIMITED WAIVER OR REASONABLE ACCOMMODATION
REGARDING INCREASED HEIGHT ABOVE THE MAXIMUM PERMITTED IN CERTAIN INSTANCES;
PROVIDING LEGISLATIVE INTENT; SETTING FORTH A PUBLIC HEARING AND APPEAL PROCESS;
PROVIDING ADDITIONAL DUTIES FOR THE PLANNING AND ZONING BOARD; PROVIDING FOR
SEVERABILITY/INTERPRETATION; PROVIDING FOR REPEAL OF ORDINANCES AND RESOLUTIONS
INCONSISTENT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING)
Town Attorney Gougelman read Ordinance 2004-01 by title. Mayor Walters asked for public comment
regarding Ordinance 2004-01.
Linda Rydson, 1301 Pine Street asked what the new minimum floor elevation is for new construction?
Mayor Walters stated that it is not a new minimum floor elevation, but it is 18" above the crown of the road
or if you are seaward of the Coastal Construction Control Line, it is according to Federal Emergency
Management Agency (FEMA) or the Department of Environmental Protection (DEP).
Mayor Walters stated that the Town Commission has tried to take out all of the exceptions to the 28-foot
maximum height and tried to tighten the ordinance up and close the possibility for interpretation.
Martha Remark, 707 Atlantic Street asked if the code refers to FEMA or 18" above the crown of the road,
whichever is lowest? Ms. Remark was advised that it is, “whichever is highest.” Commissioner Wilson
commented that FEMA is for flood insurance and they may require you to go higher than 18" above the
crown of the road and FEMA measurement only relates to a small area of the Town.
Trish Riemer, 607 Riverside Drive commented that the chimney does not have a height, width or depth
requirement on it and the only stipulation is that the height does not exceed the Florida Building and
Safety Codes.
Commissioner Price commented that on Page 14 of the ordinance it reads, “Minimum lot area, 10,000
square feet, Minimum lot width 90 feet, and Minimum lot depth, 100 feet” this should this be changed to
9,000 square feet because 90 times 100 is 9,000 square feet, and this should be changed to be consistent.
The Town Commission agreed with this change.
Commissioner Wilson commented that on Page 4 it reads, “The distance from a height 18 inches above
the grade of the peak of the crown of the highest street on which the property abuts or from the base
flood elevation as determined by FEMA on the lot on which the structure is to be erected as said
elevation existed prior to the placement of fill, whichever elevation shall be higher to the highest point
of the roof including roof structure or facade of a building, whichever is higher.” “For habitable major
structures which extend wholly or partially seaward of the coastal construction line as designated by
the Florida Department of Environmental Protection or other such agency as designated by the State
of Florida to set the CCCL, or 50 foot setback, height shall be measured from the higher of a height
18 inches above the grade of the peak of the crown of the highest street on which the property abuts,
or an elevation no higher or lower unless waived or varied pursuant to this code than an elevation set
pursuant to the requirements of Rule 62B-33.007 (5)(c), Florida Administrative Code, to the highest
point of the roof or facade of the building, whichever is higher.” If you look at 62B-33.007 (5)(c), this
has to do with the piling structure and does not see where this has any relevancy to the height of
the house.
Town Attorney Gougelman responded that as this stands, the bottom of the house is the grade beam
as required in 62B-33.007 (5)(c) that you measure from. Town Attorney Gougelman stated that his
understanding is that the Commission looked at, “the minimum as set by DEP would be what we
measured from” Town Attorney Gougelman stated that Mr. Abraham pointed out in the April 14th
workshop is that we should be giving the property owner an additional 2 feet and measuring from
the finished floor elevation, top of the grade beam or something similar.
Commissioner Wilson stated that he rewrote this section dealing with construction seaward of the
coastal construction control line to read, “Maximum height shall be 28 feet, height for new houses
shall be measured from the higher of the ground elevation for construction set by FEMA and found
on the FIRM Map or a point 18" above the crown of the road to the highest point of the roof or facade.”
Commissioner Wilson explained that the bottom of the grade beam has to be at least 15.7. “Any fill
dirt added to the construction site over and above the FIRM Map requirement that is not required by
another agency such as DEP, will be considered part of construction and included in the measurement
of the height.” Commissioner Wilson pointed out that if fill is not required by another agency, you
start measuring at 15.7 and anything brought in above that is going to count toward the height of the
house.
Town Attorney Gougelman stated that if the Town Commission approves this amendment, he will send
a copy of the revised wording to Commissioner Wilson to review prior to the second reading.
Gail Gowdy, 215 Ash Avenue commented that the way the code is written right now, we give an additional
foot on the FEMA Map over and above the 15.3 and 15.7 and we would want to keep something similar
to that, otherwise we will be going lower.
Martha Remark, 707 Atlantic Street commented that when you go to DEP for approval, you need
permission from the Town and then DEP checks with the Town and we need to put federal, state
and local agencies in the ordinance.
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER PRICE TO APPROVE ON FIRST
READING, WITH THE REVISIONS THE TOWN ATTORNEY WILL BE INCORPORATING INTO AS
PROVIDED BY COMMISSIONER WILSON, ORDINANCE 2004-01 AN ORDINANCE OF THE TOWN
OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO ZONING, MAKING FINDINGS;
AMENDING SECTION 1A-3, 7A-31, 7A-32 AND 7A-33, 7A-55, 7A-59 AND 7A-136, APPENDIX A, TOWN
CODE; AMENDING DEFINITIONS AND PROVIDING NEW DEFINITIONS; CLARIFYING HOW HEIGHT
SHALL BE CALCULATED; DELETING OBSOLETE LANGUAGE RELATING TO THE CALCULATION
OF HEIGHT IN THE RS-1, RS-2, AND RS-3 ZONING DISTRICTS; REVISING THE MINIMUM FLOOR
ELEVATION FOR NEW BUILDING CONSTRUCTION; PROVIDING A LIMITED WAIVER OR REASONABLE
ACCOMMODATION REGARDING INCREASED HEIGHT ABOVE THE MAXIMUM PERMITTED IN CERTAIN
INSTANCES; PROVIDING LEGISLATIVE INTENT; SETTING FORTH A PUBLIC HEARING AND APPEAL
PROCESS; PROVIDING ADDITIONAL DUTIES FOR THE PLANNING AND ZONING BOARD; PROVIDING
FOR SEVERABILITY/INTERPRETATION; PROVIDING FOR REPEAL OF ORDINANCES AND
RESOLUTIONS INCONSISTENT HEREWITH; AND PROVIDING AN EFFECTIVE DATE
VOTE: ALL AYES. MOTION CARRIED.
B. RESOLUTION NO. 734 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD
COUNTY, FLORIDA SUPPORTING THE ADOPTION OF A COUNTYWIDE SCHOOL IMPACT FEE;
MAKING FINDINGS; PROVIDING FOR DISTRIBUTION OF THIS RESOLUTION; AND PROVIDING
AN EFFECTIVE DATE.
Town Attorney Gougelman read Resolution No. 734 by title. Mayor Walters stated that the resolution
will be presented to the County in an effort to add an impact fee of approximately $4,500 to every new
home built in Town to be used for the schools.
Sherri Quarrie, 701 Pine Street asked what does it mean if we do not adopt this? Town Attorney
Gougelman commented that the school board is proposing to the County Commission that a school
impact fee be adopted because of a Florida Supreme Court opinion issued on this some time ago to
St. Johns County. The fee has to be adopted countywide, not just in some areas and the County
Commission is telling us that unless they see support coming from the cities for the impact fee,
they are not going to adopt it. Town Attorney Gougelman stated that the City of Melbourne supports
the school impact fee and Palm Bay did not see a commitment on the part of the school board to
earmark the impact fees to be spent to build schools in the Palm Bay area. Ms. Quarrie stated
that this would not benefit the Town.
Trish Riemer, 607 Riverside Drive commented that she has a child ready to enter Melbourne High
School who was denied the freedom of choice because of the lack of foresight at Suntree and now,
75% of the students from Satellite Beach High School come over a bridge from Suntree because
they did not put an impact fee on new construction.
Bill Hoskovec, 525 Avenue B commented why is the County Commission not taking the lead on
this and expecting the Municipalities to take the lead on this for them?
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO ADOPT RESOLUTION
NO. 734 AS WRITTEN, A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY,
FLORIDA SUPPORTING THE ADOPTION OF A COUNTYWIDE SCHOOL IMPACT FEE; MAKING FINDINGS;
PROVIDING FOR DISTRIBUTION OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED.
D. DISCUSSION AND POSSIBLE ACTION REGARDING REINSTATEMENT OF
A COMMUNITY BULLETIN BOARD. (COMMISSIONER PRICE)
Commissioner Price stated that he has had a number of people request that the Town revisit the
issue the idea of the community bulletin board and they would like to see it back and as it is an
added asset and asked that it be out in the front of the new building.
Town Manager Higginbotham stated that he is looking at the possibility of something that will be
accommodating to the Town Hall looks and will be located out near the sidewalk in front of the Town Hall.
X. REPORTS:
A. TOWN ATTORNEY
There was no Town Attorney report.
B. TOWN MANAGER
Town Manager Higginbotham reported that Sergeant Smith is present and asked to make a
comment. Sergeant Smith advised that this weekend is Police Memorial Day and he will be
at the Melbourne Mall with vehicles along with several displays and he will be displaying the
bulletproof vests and invited everyone to attend.
Town Manager Higginbotham advised that the Town Commission has signed the new signature
cards and the Town needs a resolution. Town Attorney Gougelman stated that the signature
pages are actually the resolution the bank is asking for and it is a matter of approving the signatories.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON TO APPROVE THE SIGNATURES
OF STEVEN O. WALTERS, PAUL S. GUGLIETTA, DONNIE L. PRICE, SANTFORD R. WILSON,
WILLIAM G. STACEY, W.D. HIGGINBOTHAM, JR. AND CYNTHIA E. MASNY AS SIGNERS ON
THE TOWN CHECKS.
VOTE: ALL AYES. MOTION CARRIED.
Town Manager Higginbotham reported that last week he traveled to the location of each of the
four (4) candidates for the Police Chief position and has made a selection of a candidate and
may name this person on Monday, after background checks are complete. Town Manager
Higginbotham reported that he has a meeting on Monday with the auditors to find out what
the status of the Town audit is.
C. TOWN COMMISSIONERS
Commissioner Price reported that Melbourne Beach and Indialantic hosted the Space Coast League
of Cities meeting this month and it was well attended.
Commissioner Stacey requested that the June 2004 meeting be held on the 23rd or 30th of June as
he and Vice Mayor Guglietta will both be on vacation. It is the consensus of the Town Commission
to change the June meeting to June 23, 2004.
Commissioner Stacey stated that he does not like the word, “excused” regarding volunteer board
members absence from a meeting. Commissioner Stacey asked that the Town Commission
members receive a copy of the janitorial agreement and asked if the cleaning crew can clean
the park restrooms rather than the Public Works Department. Commissioner Stacey asked
that the floor be checked in the Ryckman House as there are a lot of items stored in the
Ryckman House and these items could be stored elsewhere. Commissioner Stacey commented
that the Friendly Toast Café has installed a walk-in freezer and asked if a permit is needed for this
and asked that the Town Manager look into it. Commissioner Stacey reported that he has received
several complaints regarding code violations and suggested that the Police Officers be code
enforcement officers to help take care of the violations.
Mayor Walters commented that there are at least six or seven violations on Sunset Boulevard and the
current Code Enforcement Officer is not enforcing codes and maybe this duty should be given back
to the police officers. Town Manager Higginbotham stated that code enforcement was one of the
issue he is planning to address in the near future.
Commissioner Stacey asked if Rex Taylor is still working for the Town? Town Manager Higginbotham
explained that he asked that he come back this week for a couple of days to help finish up some items.
Commissioner Wilson commented that at the corner of Sunset Boulevard and Oak Street there are
two (2) walls that face Oak and there is a strip of grassy land that nobody takes care of and asked
the Town Manager to find out who is responsible to take care of this land as the homeowners believe
it is not their responsibility. Commissioner Wilson reported that he and Mike King from the Planning
and Zoning Board worked on a flow chart for the Town to help let people know the list of items you
need to obtain a building permit for. Mike King asked that the Town Commission let the Planning and
Zoning Board pilot the flowchart program and the Town Commission indicated that this would be a
good idea.
Mayor Walters requested to make part of the minutes Cape Canaveral Scientific’s letter to Interim
Town Manager, Rex Taylor dated April 12, 2004. Mayor Walters noted that no where in this letter
does Ms. Adams comment that the Town would get a grant written for free or that there would be a
reduction of the $4,600 to $3,000. Mayor Walters stated that he has always believed that these
grant applications are not all that difficult and a good Town Manager can write them. Mayor Walters
reported that he looked back at the minutes from all of the grants we have been applying for since
2000 and found that a motion was made as follows, “COMMISSIONER SMITH MOVED, SECOND
COMMISSIONER STACEY THAT THE TOWN MANAGER NEGOTIATE AN AGREEMENT WITH
CAPE CANAVERAL SCIENTIFIC AND LOBBYIST JERRY SANSOM AT THE PRESENT TIME
AND NOT GO ANY FURTHER UNTIL THE TOWN DECIDES TO PURSUE OTHER GRANTS.”
Mayor Walters advised that in looking at the proposal of April 12, 2004, the cost from Cape
Canaveral Scientific is $70 per hour and advised that an agreement as in the motion was never
put together. (See attachment #1) Mayor Walters commented that his point is, do we need to
have grant writers submitting every grant we apply for?
Mayor Walters reported that after the audit is complete, he would like to hold a budget review
meeting to give the Town Manager direction for the next budget. Mayor Walters reported that
he would like to propose that the Town spend $250,000 on stormwater repairs and not raise taxes.
Mayor Walters reported that he received a telephone call from David Cominsky and he expressed
to Mr. Cominsky how upset the Town Commission was that the League of Cities, without investigation
decided not to pay the attorney fees for Commissioner Wilson. Mayor Walters reported that Mr.
Cominsky explained that you don’t have to sue the Town to sue someone on the Town Commission.
In this case, the Town was sued and Commissioner Wilson was sued not as a Commissioner, but
as a resident and they will not defend it, however, these two (2) lawsuits are pretty much one in the
same and they will cover 75% or more of the cost to the Town.
Mayor Walters reported that the Town received two (2) complaints regarding a church on Oak Street.
Town Manager Higginbotham stated that according to the Town code, there cannot be a church at
this location and we have sent certified mail and are in the process of going through the necessary
steps. Mayor Walters commented about a complaint received regarding the Third Avenue beach
access steps. Mayor Walters commented that the Public Works Department monthly report shows
142 hours to repair buildings, pier, showers and parks and we have new facilities. Mayor Walters
asked that the Town Commission receive as accurate reports as possible to help when planning
the budget.
Mayor Walters asked if there is a revenue and expense report from Founders Day and Parks Board
Chairman Price advised that it is not ready yet.
Town Manager Higginbotham was requested to give a verbal update to the public regarding the
purchase of the Boomerang property.
Mayor Walters commented that the Town Commission received a quarterly report from the Fire
Department but it does not list any expenditures.
D. GENERAL COMMISSION DISCUSSION (TIME PERMITTING)
There was no general Commission discussion.
XI. ADJOURNMENT
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER STACY TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The regular meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 9:55 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.
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