TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - REGULAR MEETING
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TUESDAY
JULY 24, 2001
7:00 P.M.
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 Wille at 7:05 p.m. on Tuesday, July 24, 2001 in the Community Center.
Mayor Wille also led the Pledge of Allegiance to the Flag.
Present: Mayor Wille
Vice Mayor Remark
Commissioner Smith
Commissioner Stacey
Commissioner Stark
Others Present: Town Manager Ciummo
Donnie Price, Chairman Parks Board
Tom Macaulay, Parks Board
Lori Wille, Parks Board
Ann Downing, Williams Building
Ad Hoc Committee Member
Town Clerk Masny
PRESENTATIONS
RECOGNITION OF STATE SENATOR BILL POSEY: PRESENTATION OF GRANT
AWARDS – RYCKMAN PARK, PHASE II AND LOGGERHEAD PARK PRESERVE
Mayor Wille advised that Senator Posey has a schedule conflict and will not be be
attending this meeting and advised that the presentation will be postponed until
the August 15, 2001 regular meeting
REPORTS FROM TOWN BOARDS AND COMMITTEES
Donnie Price, Chairman Parks Board reported that the Board has been moving forward with the Ryckman Park
plans, but the slowdown in the progress has been with waiting for the Blue Ribbon Committee's final plan for
placement of the basketball court. Chairman Price expressed dissatisfaction with the way Rochelle Lawandales
has implemented the Board's recommended changes to the plans for Ryckman Park. The Parks Board
members advised that they need to move forward with the plans for the Ryckman Park improvements as
recommended by the Town Commission.
After a discussion regarding the Blue Ribbon Committee's progress on the municipal complex plan and a
review of the Parks Board's plan for the improvements to Ryckman Park, Town Manager Ciummo was
requested to get a copy of the Parks Board's proposed plan and information together for the Town
Commission to consider at a special meeting on July 26, 2001, prior to the budget workshop.
I. APPROVAL OF MINUTES: JUNE 1, 2001 SPECIAL MEETING
JUNE 5, 2001 SPECIAL MEETING
JUNE 20, 2001 REGULAR MEETING
JUNE 28, 2001 SPECIAL MEETING
Commissioner Smith requested that on Page 5 of the June 1, 2001 special meeting, first paragraph, it
should read “MOTION DEFEATED” rather than “MOTION CARRIED”.
COMMISSIONER SMITH MOVED, SECOND COMMISSIONER STACEY TO APPROVE THE MINUTES
OF JUNE 1, 2001 SPECIAL MEETING AS CORRECTED AND APPROVE THE MINUTES OF JUNE 5, 2001
SPECIAL MEETING, JUNE 20, 2001 REGULAR MEETING AND JUNE 28, 2001 SPECIAL MEETING AS
WRITTEN.
VOTE: ALL AYES. MOTION CARRIED
II. NON-SCHEDULED CITIZEN COMMENTS (3-MINUTE LIMIT, PLEASE)
Mike King, 1402 Oak Street commented that he has a comment related to the stormwater drainage project
and traffic calming. Mr. King asked if there are stormwater projects planned and what they consist of.
Town Manager Ciummo explained the stormwater utility fund and the grant associated projects such as
the Anchor and Pelican Key project and Stormwater Masterplan. Town Manager Ciummo explained to
Mr. King that the Oak Street drainage project is a Brevard County project, which will include sidewalks
and road resurfacing. Mr. King submitted a letter to the Town Commission expressing his concerns
regarding “ponding” of water along Oak Street. (copy attached) Town Manager Ciummo stated that the
Town Engineers will be looking into the drainage problems at these areas and identifying these areas
to the Town.
Robin Rigsby, 421 Sixth Avenue asked if the residents are going to be able to vote on the park and
municipal complex plans? Ms. Rigsby was advised that as of this date, a referendum has not
been scheduled.
III. PUBLIC HEARING:
A. ORDINANCE NO. 2001-01
AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD
COUNTY, FLORIDA RELATING TO QUALIFYING TO RUN FOR TOWN
COMMISSION; AMENDING SECTION 2.02; TOWN CHARTER, REPEALING
PROVISIONS RELATING TO THE TIME OF QUALIFICATION FOR OFFICE THAT
PROVIDE FOR THE QUALIFYING PERIOD BEING DURING A PERIOD FORTY-
NINE TO SIXTY DAYS PRIOR TO THE ELECTION OF TOWN COMMISSION
MEMBERS; CREATING SECTION 12-6; TOWN CODE, PROVIDING FOR THE
TIME OF QUALIFICATION BEING DURING A PERIOD SIXTY-ONE TO
SEVENTY-TWO DAYS PRIOR TO THE ELECTION OF TOWN COMMISSION
MEMBERS; PROVIDING FOR THE REPEAL OF ORDINANCES AND
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY
AND INTERPRETATION; PROVIDING AN EFFECTIVE DATE; AND PROVIDING
AN ADOPTION SCHEDULE. (FIRST READING)
Town Clerk Masny read Ordinance 2001-01 by title. Commissioner Smith stated that she has worked
with the Town Clerk on this ordinance and the dates for qualifying need to be amended. After a discussion,
the Town Commission decided that the first reading could be tabled and the corrections made prior to first
reading in August.
COMMISSIONER STARK MOVED, SECOND COMMISSIONER SMITH TO TABLE THE FIRST READING OF
ORDINANCE 2001-01 UNTIL THE AUGUST REGULAR MEETING.
VOTE: ALL AYES. MOTION CARRIED.
B. RESOLUTION NO. 684
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY,
FLORIDA APPROVING THE RESTRUCTURING OF THE RESERVE FUND
SECURING THE FLORIDA MUNICIPAL LOAN COUNCIL RESERVE BONDS,
SERIES 1999B; DELEGATING THE AUTHORITY TO THE MAYOR TO APPROVE
ANY NECESSARY AMENDMENTS TO THE LOAN AGREEMENT; PROVIDING
CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING
AN EFFECTIVE DATE
Town Clerk Masny read Resolution No. 684 by title. Town Manager Ciummo stated that this item has
been reviewed by the Town Commission in the past and this is to formalize that discussion.
Mayor Wille opened the public hearing for comments regarding Resolution No. 684. Sandy Wilson,
410 Sunset Boulevard asked what the Resolution is about. Town Manager Ciummo stated that the
Town is participating in a pool bond fund and they would like to be able to pool more of the money
to realize a better return for the fund, which will improve the bond rating for this program and give
more flexibility in putting together the bond program.
Mayor Wille pointed out that this resolution is a request from the League of Cities bond authority of
all of the participating cities in the bond pool and it gives them the flexibility to be more efficient with
the money they have in the bond pool and they need our acknowledgment from us through this resolution.
COMMISSIONER STACEY MOVED, SECOND VICE MAYOR REMARK TO APPROVE RESOLUTION
NO. 684 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA
APPROVING THE RESTRUCTURING OF THE RESERVE FUND SECURING THE FLORIDA MUNICIPAL
LOAN COUNCIL RESERVE BONDS, SERIES 1999B; DELEGATING THE AUTHORITY TO THE MAYOR
TO APPROVE ANY NECESSARY AMENDMENTS TO THE LOAN AGREEMENT; PROVIDING CERTAIN
OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED
IV. NEW BUSINESS:
A. DISCUSSION AND POSSIBLE ACTION REGARDING AGREEMENT WITH
ANDREW HAMENT, LABOR COUNSEL
Town Manager Ciummo stated that the Town had presented a sample contract for the Town Attorney
to review and he has revised the contract into a format that he is recommending.
Commissioner Smith stated that she had a questions as to why the fee has increased from $125 to
$175? Town Manager Ciummo stated that she was told that the $125 rate was from three (3) years
ago and $175 is the municipal rate that they will charge. Commissioner Smith stated that she has
never seen an automatic 3% increase included in an attorney's contract, they request increases
from the Town Commission. Commissioner Smith stated that she would hope the Town would
watch how money is spent on a labor law attorney.
The Town Manager and Town Commission discussed the agreement and it was pointed out that
on Page 7, it should list the name of the Melbourne Beach Town Clerk rather than the name of the
City of Melbourne’s Clerk. Vice Mayor Remark requested that the escalator clause be deleted in
the agreement. The Town Commission discussed the idea of making the agreement effective for
one year. Commissioner Stark commented that she has questions of the Town Attorney regarding
the additional charges in the agreement.
COMMISSIONER STACEY MOVED TO APPROVE THE AGREEMENT WITH ANDREW HAMENT, LABOR
COUNSEL. MOTION DIES FOR LACK OF A SECOND.
VICE MAYOR REMARK MOVED THAT THE AGREEMENT BE APPROVED PROVIDED THAT ON PAGE 2,
THE SENTENCE IN ARTICLE 4.A.., “THESE RATES SHALL BE INCREASED BY 3% ON EACH
ANNIVERSARY (AUGUST 1ST) COMMENCING IN THE YEAR 2002 OF THIS AGREEMENT.” BE
DELETED. MOTION DIES FOR LACK OF A SECOND.
COMMISSIONER STARK MOVED, SECOND COMMISSIONER STACEY TO TABLE ACTION REGARDING
AN AGREEMENT WITH ANDREW HAMENT, LABOR COUNSEL UNTIL TOWN ATTORNEY GOUGELMAN
IS PRESENT. VOTE: ALL AYES. MOTION CARRIED.
B. DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF WORK
ORDER FOR ADDITIONAL SERVICES: ARCHITECT JACK ROOD
Town Manager Ciummo stated that this is an after-the-fact approval because there is a provision in
the purchasing ordinance where the Town Manager can approve something if she feels it is an emergency
situation and it is required to be approved by the Town Commission should she .exceed the $3,000 limit.
Town Manager Ciummo stated that at the time, she did not know what the fee would be for the additional
services for the new schematic layouts for the municipal complex. Town Manager Ciummo advised that
the Town Commission authorized Jack Rood to work with the Committee.
Commissioner Stark asked if the fee not to exceed $5,000 in Mr. Rood’s request includes the additional
meetings of the Blue Ribbon Committee or just the schematic layouts? Town Manager Ciummo stated
she thinks it will be just the concept design.
Steve Walters of Sixth Avenue, stated that no one has stated what the new fee is and asked how much
Mr. Rood is charging to redesign the facility. Commissioner Stark stated that it is not to exceed $5,000.
COMMISSIONER STARK MOVED, SECOND COMMISSIONER STACEY TO APPROVE THE WORK ORDER
FOR ADDITIONAL SERVICES FROM JACK ROOD.
VOTE: ALL AYES. MOTION CARRIED.
C. APPROVAL OF REQUEST FOR GRANT FUNDS FROM THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS FOR COMPREHENSIVE PLANNING
Town Manager Ciummo stated that this is an opportunity for the Town to obtain an additional $10,000
from the Department of Community Affairs for our Comprehensive Plan and this is an area that Rochelle
Lawandales is working on and this will be an opportunity to get these funds to help pay for her expenses
for the revision of the Comprehensive Plan. Town Manager Ciummo stated that this grant will pay for
services to designate the Loggerhead Park Preserve as “open space/recreation” area, the EAR,
and revisions for the Ocean Avenue code. Town Manager Ciummo stated that Ms. Lawandales will
be authorized to draft a letter of interest for the Town.
VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STACEY TO APPROVE ROCHELLE
LAWANDALES TO REQUEST GRANT FUNDS FROM THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS FOR COMPREHENSIVE PLANNING.
VOTE: ALL AYES. MOTION CARRIED.
D. REVIEW AND POSSIBLE ACTION REGARDING PROPOSALS FROM
LAWANDALES PLANNING AFFILIATES FOR:
1. COMMUNITY CENTER GRANT ADMINISTRATION
Town Manager Ciummo recommended that the Town Commission not move forward with the
Community Center Grant Administration at this time and requested this item be tabled until the
meeting of July 26th to find out if there is a way to hire a part-time person so that the Town can
have more “hands on” with these projects.
COMMISSIONER STACEY MOVED, SECOND VICE MAYOR REMARK TO TABLE THE DISCUSSION OF
THE COMMUNITY CENTER GRANT ADMINISTRATION UNTIL THE JULY 26, 2001 BUDGET WORKSHOP.
VOTE: ALL AYES. MOTION CARRIED.
2. COMPREHENSIVE PLAN GRANT
Town Manager Ciummo stated that this is a request for Ms. Lawandales to do the work related to the
Comprehensive Plan and the additional $10,000 we are asking for, this would reaffirm that she is to
continue working on the Comprehensive Plan and the grant.
VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STACEY TO APPROVE THE PROPOSAL
FROM LAWANDALES PLANNING AFFILIATES FOR THE COMPREHENSIVE PLAN GRANT.
VOTE: ALL AYES. MOTION CARRIED.
3. RYCKMAN HOUSE HISTORIC GRANT APPLICATION
Town Manager Ciummo stated that there is an August funding cycle for this grant and recommended
that the Town Commission wait until next year to apply for this grant.
COMMISSIONER STACEY MOVED, SECOND VICE MAYOR REMARK TO NOT ACCEPT THE PROPOSAL
FROM LAWANDALES PLANNING AFFILIATES TO APPLY FOR AN HISTORIC GRANT APPLICATION FOR
THE RYCKMAN HOUSE AT THIS TIME.
VOTE: ALL AYES. MOTION CARRIED.
E. DISCUSSION AND POSSIBLE ACTION REGARDING A MAINTENANCE
DREDGING USE AGREEMENT BETWEEN THE STATE OF FLORIDA, BREVARD
COUNTY AND THE TOWN OF MELBOURNE BEACH
Town Manager Ciummo stated that this is in conjunction with the beach restoration project and Virginia
Barker has sent this as it is required to be approved prior to them moving forward with the project.
Mayor Wille stated that Ocean Park is owned by the State and is under a long-term lease agreement
with the Town and they need our acknowledgment to get the easement to do the beach renourishment.
Mayor Wille asked for comments from the public regarding this item. There were no public comments.
VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STACEY THAT THE TOWN MOVE FORWARD
TO SIGN THE USE AGREEMENT BETWEEN THE STATE OF FLORIDA, BREVARD COUNTY AND THE TOWN.
VOTE: ALL AYES. MOTION CARRIED.
F. REVIEW OF DRAFT LETTER TO RESIDENTS OF SURF ROAD REGARDING
EXISTING BEACH ACCESS EASEMENT.
Town Manager Ciummo stated that this letter was drafted prior to the Town being advised that the owner
has a contract on the north site of Loggerhead Park Preserve and this beach access is located in the
middle of these two parcels.
Tom Macaulay, 307 Surf Road came forward and stated that it does not matter whether the Town owns
both of these properties, this easement would eliminate the need for an additional dune crossover on the
park property. Mr. Macaulay stated that 65 homeowners own this property, it is not an easement, we
do not pay taxes or carry insurance.
The Town Commission reviewed the proposal as submitted and Mayor Wille stated that this makes
sense because if approved, it will eliminate the need for another crossover at this area, the Town already
has liability insurance and this will not increase rates astronomically by taking on another dune crossover,
and, it provides for the Town to assume the maintenance responsibilities for the property, which could go
along with the maintenance at Loggerhead Park Preserve.
Vice Mayor Remark verified with Mr. Macaulay and the Town Commission that the homeowners would
retain ownership, not pay taxes on the property and the Town would be granted a legal easement for all
residents to use this crossover. Commissioner Stark stated that as this is being represented, the Town
ordinance would not apply to this crossover regarding the consumption of alcoholic beverages as it is a
private crossover. Mr. Macaulay stated that he believes it is important that the residents own this property
to give them the rights and privileges that ownership provides. Mayor Wille stated that the Town will need
legal advice on this issue.
Town Manager Ciummo stated that the Town Attorney should review the letter and give his input prior
to moving forward.
Mayor Wille asked for public comment regarding the easement. There were no public comments.
VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STACEY THAT TOWN MANAGER CIUMMO
PRESENT THIS PROPOSAL AND REQUEST FOR INFORMATION ON EASEMENT AND LIABILITY ISSUES
RAISED BY COMMISSIONER STARK TO THE TOWN ATTORNEY PRIOR TO FINALIZATION OF THE LETTER.
VOTE: ALL AYES. MOTION CARRIED.
G. APPOINTMENT OF VOTING DELEGATE AT 75TH ANNUAL FLORIDA LEAGUE
OF CITIES CONFERENCE.
COMMISSIONER SMITH MOVED, SECOND COMMISSIONER STARK TO APPOINT COMMISSIONER
STACEY AS THE VOTING DELEGATE AT THE 75TH ANNUAL FLORIDA LEAGUE OF CITIES CONFERENCE.
VOTE: ALL AYES. MOTION CARRIED.
H. DISCUSSION OF PROPOSED INTERLOCAL AGREEMENT BETWEEN BREVARD
COUNTY, BREVARD COUNTY PUBLIC SCHOOLS AND BREVARD
MUNICIPALITIES REGARDING PARTICIPATION IN A COUNTY WIDE
COMPLIANCE REVIEW BOARD FOR APPEALS OF LOCAL TECHNICAL
AMENDMENTS TO THE FLORIDA BUILDING CODE.
Town Manager Ciummo stated that the Building Official presented this because with the statewide
building code, there are certain things unique to certain areas that are not applicable to the entire
state. The County would like a local voice to talk about items that impact us and the idea is to
create this board to review the code and present amendments to it.
Mayor Wille stated that he has read the agreement and if the Town is not comfortable with it, we can
opt out at any time. Mayor Wille stated that the agreement gives the county a sounding board to
discuss issues of the new code and we need a local voice. Mayor Wille asked Town Manager
Ciummo if it is her intention to appoint the Building Official to serve as the Town's representative?
The Town Commission recommended the Building Official be the Town's representative.
Mayor Wille asked for public comment regarding the proposed interlocal agreement. There was no
public comment.
VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STACEY TO APPROVE THE INTERLOCAL
AGREEMENT BETWEEN BREVARD COUNTY, BREVARD COUNTY PUBLIC SCHOOLS AND BREVARD
MUNICIPALITIES REGARDING PARTICIPATION IN A COUNTY WIDE COMPLIANCE REVIEW BOARD FOR
APPEALS OF LOCAL TECHNICAL AMENDMENTS TO THE FLORIDA BUILDING CODE.
VOTE: ALL AYES. MOTION CARRIED.
I. TOWN BOARD APPOINTMENTS, REAPPOINTMENTS & RESIGNATIONS
Town Clerk Masny stated that Mickey Collins term expired on the Park Board on July 21, 2001 and he
has submitted his application to be reappointed to the Board. Town Clerk Masny stated that the Board
has met 14 times in the past 12 months and Mr. Collins has attended 12 meeting and has been excused
from the other 2 meetings. Town Clerk Masny stated that if Mr. Collins is reappointed to the Parks Board,
it will be for a 2-year term.
COMMISSIONER SMITH MOVED, SECOND VICE MAYOR REMARK TO REAPPOINTMENT MICKEY COLLINS
TO THE PARKS FOR WITH A TERM JULY 24, 2001 THROUGH JULY 24, 2003.
VOTE: ALL AYES. MOTION CARRIED.
Town Clerk Masny stated that Martha Russo’s term on the Civil Service Board expired on July 19, 2001.
Ms. Russo has submitted her application to be reappointed to the Board, the Board has met 3 times in
the past 12 months and she has attended all 3 meeting and if the Town Commission reappoints her it
will be for a 4-year term.
COMMISSIONER STACEY MOVED, SECOND VICE MAYOR REMARK TO REAPPOINT MARTHA RUSSO
TO THE CIVIL SERVICE BOARD WITH A TERM JULY 24, 2001 THROUGH JULY 24, 2005.
VOTE: ALL AYES. MOTION CARRIED.
V. REPORTS:
A. TOWN MANAGER
Town Manager Ciummo reported that the U.S. Senate Appropriations Committee did not approve
the $8.5 million for the beach nourishment project and advised that this topic will go to a committee
meeting where the next step will be negotiated and both Senator Nelson and Representative Weldon’s
aides have suggested that at this point, the Town should just follow the process. Town Manager
Ciummo reported that County Commissioner Nancy Higgs and Ralph Kennedy will go to Washington
to talk to our legislators. Town Manager Ciummo suggested that Mayor Wille be authorized to go to
Washington with this group to represent the Town.
Mayor Wille stated that he will call Commissioner Higgs and others and report back to the Town
Commission at next Thursday’s meeting and requested an agenda item, report and possible action
regarding the beach renourishment project be added to the agenda.
Vice Mayor Remark presented a sample letter requesting support of the funding for the beach
renourishment project and suggested that these be sent to Vice President Cheney, State
Senators, etc. Vice Mayor Remark stated that they will be moving forward with the taking of the
properties and a court date has been set.
Town Manager Ciummo reported that Public Works Director Powers attended a meeting on the forced
main project and advised that they may not be ready to do that project until the end of September or
beginning of October.
Town Manager Ciummo reported that the County ordered a steel casing for the generator instead of
aluminum for the pump house so it will be another six (6) weeks added to the project.
Town Manager Ciummo reported that the Police Pension Fund Board has transmitted a letter requesting
to address the Town Commission on a request for a 3% cost of living on the pension plan at the August
meeting.
Town Manager Ciummo reported that the Town received a request from Amtrak that the Town send
letters of support for the project and asked for recommendations on how the Town should proceed.
Mayor Wille stated that the Chamber of Commerce has submitted a sample letter and the Town Clerk
could prepare letters to all East Coast state representatives for his signature.
VI. TOWN COMMISSION ANNOUNCEMENTS, COMMENTS & REPORTS
Vice Mayor Remark reported that Keep Brevard Beautiful is using people from the community service
program for the beach cleanup projects.
Commissioner Stark reported that she met Mayor Maddox during his “Mayor on the Move” campaign
and he is confident that he will visit all 400 and some cities in the state before his year is over.
Commissioner Stark stated that the Town Manager reported that she has received all of her evaluations
and commented that the Town Commission needs to be sure that another is done by November according
to her contract. Commissioner Stark requested that the Town Commission review the evaluation point
scale at a workshop. Mayor Wille asked that Commissioner Stark check with other cities about this
during the conference next month.
Commissioner Stark reported that the Blue Ribbon Municipal Complex Review and Advisory Committee
will not be addressing the referendum issue as they do not feel it is within their tasks. Commissioner
Stark stated that if anybody puts a referendum question on the ballot, it should be the Town Commission,
because we can phrase the wording in a positive way rather than waiting for someone in the community
to bring a question forward. Commissioner Stark advised that she has heard a lot of people want to vote
on the issue. After a discussion, the Town Clerk was requested to look into the deadline for getting a
referendum question on the November ballot, how many words the question can be, and any other
information. Commissioner Stark reported that she will continue to look into how the referendum
question will be worded for further discussion.
VII. ADJOURNMENT
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER STARK TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The regular meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned
at 10:30 p.m.
________________________________________
ROBERT D. WILLE, 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.
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