TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - REGULAR MEETING
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 TUESDAY
June 3, 2003
7:00 p.m.
TOWN HALL
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A special meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by 
Mayor Crispen at 6:29 p.m. on Tuesday, June 3, 2003 in Town Hall.  Mayor Crispen also led the Pledge 
of Allegiance.
Present:  
Mayor Crispen
Vice Mayor  Smith
Commissioner Price (arrived late)
Commissioner Walters
Commissioner Wilson
Others Present:  
Amy Adams, Cape Canaveral Scientific
Town Manager Hoskovec
Town Clerk Masny
Two (2) members of the public
I.      DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF A CONCEPTUAL SITE PLAN FOR 
        OCEAN PARK.
        Town Manager Hoskovec stated that the conceptual site plan for Ocean Park is for grant purposes only and 
        can be amended if the grant is successful and the property is purchased. Amy Adams of Cape Canaveral 
        Scientific stated that the conceptual site plan is a result of the Parks Board working with her and Kim Zarrillo 
        after a site walk on the property.  Ms. Adams stated that the Parks Board would like to keep the restaurant 
        building for a concession area and possibly rent the upstairs area and possibly construct restroom facilities 
        under the stairway area.  Ms. Adams stated that the Board would also like to demolish the remaining buildings, 
        install an elevated boardwalk and viewing platform, construct a simple dune crossover and add significant 
        revegetation in the existing parking lot area and put the parking area in the space where the demolition is 
        performed, next to the First Avenue beach access parking area.  Ms Adams stated that the Parks Board 
        would like this to be a very passive park with sprinklers in the grass area for children run through and possibly 
        install some benches for picnicking. 

        Mayor Crispen asked Ms. Adams to explain why this site plan is required.  Ms. Adams responded that this is 
        a conceptual site plan for the grant application and it can be changed.   Ms. Adams stated that essentially what 
        the Town is doing is gaining points for the grant application by including the revegetation of native plants at the 
        current parking lot area and constructing the boardwalk and viewing platform, which are also extra points in the 
        grant application.  

        Commissioner Price stated that conceptually, this plan will reduce the impact on the environment and 
        Commissioner Walters asked if it is necessary to tear the buildings down?  Ms. Adams stated that the Town 
        does have to show some parking on the site and Town Manager Hoskovec stated that the west building is a 
        non-conforming structure.  Ms. Adams commented that the ceilings in the upstairs portion of the restaurant 
        are bowed and the Board is concerned about the Town owning facilities that are run down or are not maintained.
  
        Town Manager Hoskovec stated that the restaurant facilities need work and it does not currently meet the fire 
        codes.  Commissioner Price asked if the cost for the renovations are included in the grant? Ms. Adams stated 
        that they are not, but the Town could apply for a grant to cover the cost of renovations.

        Commissioner Wilson verified that this is a preliminary site plan and things can be moved around as he is 
        concerned with the water park being located so close to the road.  Ms. Amy explained the grant application 
        process in that the Town will submit the grant application and find out what the ranking is in October, there 
        will be a pubic hearing in late November, the site appraisals will be completed in late January or February and 
        then an offer will be made for the property.  Ms. Adams stated that before an offer is made, the Town will enter 
        into a conceptual approval agreement which means the Town is agreeing to take over ownership of the property 
        and maintain it in perpetuity. Ms. Adams commented that the Town will need to put together a management 
        plan for the property incorporating the site plan ideas onto the site.  

        Mayor Crispen asked that if this were to go according to plan, when would the Town take possession of the site?  
        Ms. Adams responded sometime next spring.  Mayor Crispen expressed concern over the next budget and when 
        the property will have to be brought up to code and the maintenance issues. Ms. Adams stated that the Town does 
        not have to develop the property for another three to five years.  Town Manager Hoskovec commented that the 
        Town will have to maintain the facilities in the meantime and these will be additional costs.  Mayor Crispen asked 
        what would be involved in this?  Town Manager Hoskovec stated that the Town Engineers, Building Official and 
        Fire Marshal will need to be involved to investigate the facilities for code compliance.  Mayor Crispen asked about 
        when the Florida Recreational Development Assistant Program grant can be applied for?  Ms. Adams reported 
        that the Town will need to own the property first and the Town could apply for a grant during the following cycle.  
        Mayor Crispen asked if the money expended on the facilities in the meantime could be reimbursed by the grant?  
        Ms. Adams responded no, this would be money out of pocket.  

        Town Manager Hoskovec stated that the only thing the Town would need to do in the interim is close the facility 
        and pay for the electricity, security and maintenance, it would be brought up to code and renovations would be 
        done prior to the Town opening the facility.

        Mayor Crispen opened the meeting for public comment regarding the agenda item.
 
        Robert Lukow, 7354 Highway A1A, a current employee of Premier Properties and the listing agent on the 
        property and Mike Kurren, the selling agent asked if the Town can privatize the restaurant and banquet hall 
        and rent it out to someone, with a lease agreement to include repairs and maintenance as a commercial 
        contract? Ms. Adams stated that it is not allowed as this cannot be income property associated with public 
        lands, it would have to be subdivided out of the current parcel. Ms. Adams stated that the Town can have 
        concessions and rent out the banquet facility, similar to the community center. Mr. Lukow stated that 
        Premier Properties is located on this site and asked how this will work when a lease is in effect?  Ms. Adams 
        commented that she is sure that the Florida Communities Trust will ask that all leases be settled before they 
        will make an offer on the site. 

COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER PRICE TO APPROVE THE CONCEPTUAL 
SITE PLAN AS SUBMITTED. 
VOTE: ALL AYES.  MOTION CARRIED.
II.     DISCUSSION AND POSSIBLE ACTION REGARDING A REQUESTED RATE ADJUSTMENT FROM HARRIS 
        SANITATION, INC.
        Town Manager Hoskovec stated that it is his understanding that every year Waste Management  presents a 
        proposal for increases in costs and the Town Commission should act on approval of the increase as the Town 
        has a franchise agreement with Waste Management.  Town Manager Hoskovec stated that the increase seems 
        to be in line with the Consumer Price Index and recommended approval of the rate increase.  

        Mayor Crispen asked for comments from the public regarding the rate increase.  There was no public comment. 

        Commissioner Walters stated that it appears by the correspondence that the franchise agreement allows a 
        3 percent increase in costs and asked Town Manager Hoskovec if he looked at the franchise agreement to see 
        if it is current?  Town Manager Hoskovec stated that it is current.  Commissioner Walters stated that the increase 
        is exactly 3 percent as allowed and this is just a formality.  Town Manager Hoskovec stated that it is, but he 
        believed it needed to come to the Town Commission so that there would not be any questions.

        Commissioner Price asked what period of time the agreement covers?  Town Manager Hoskovec stated it is 
        a five-year franchise agreement and the current agreement was signed in 2000.  Commissioner Price verified 
        that the automatic escalator clause of 3% is based on the CPI.  Town Manager Hoskovec stated up to 3 percent.   
        Commissioner Price asked Town Manager Hoskovec if he checked to see if this increase is actually based on 
        the CPI?  Town Manager Hoskovec advised that he did, and the backup is included with the request.

        COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WALTERS THAT  IN LINE WITH THE 
REQUEST FOR WASTE MANAGEMENT RATE INCREASES, THAT ARE MANDATED BY AN AGREEMENT 
BETWEEN TOWN OF MELBOURNE BEACH AND WASTE MANAGEMENT THAT THE RATE INCREASES 
BE APPROVED AS SUBMITTED.  
VOTE: ALL AYES.  MOTION CARRIED.

III.    ADJOURNMENT
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON TO ADJOURN.  
VOTE: ALL AYES.  MOTION CARRIED.

The special meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 6:58 p.m.



                                                                                    
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MARK  J. CRISPEN, 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.