TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - Regular Meeting
****************************************************************************************************
Wednesday
December 17, 2003
COMMUNITY CENTER
***********************************************************************************************************************
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, December 17, 2003 in the Community Center. Mayor Walters also
led the Pledge of Allegiance
Present:
|
Mayor Walters
Commissioner Guglietta
Commissioner Price
Commissioner Stacey
Commissioner Wilson
|
Others Present:
|
Town Attorney Gougelman
InterimTown Manager Smith
Fifteen members of the public
Town Clerk Masny
|
I. CHANGES TO THE AGENDA.
Interim Town Manager Smith requested that agenda item VII.C., DISCUSSION AND POSSIBLE ACTION
REGARDING APPROVAL OF A SUPPORT CONTRACT WITH ARTEMIS INTERNATIONAL TECHNOLOGIES, INC.
(TABLED NOVEMBER 29, 2003) be pull from the agenda as she will put this item out for bid.
II. PUBLIC HEARING:
A. ORDINANCE 2003-04
AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO
ZONING; MAKING FINDINGS; AMENDING SECTIONS 1A-3, 7A-36, AND 7A-50, APPENDIX A, TOWN CODE;
PROVIDING DEFINITIONS FOR BED AND BREAKFAST INN, HOTEL, AND MOTEL; PROVIDING THAT BED
AND BREAKFAST INNS ARE A CONDITIONAL USE IN THE 6-B ZONING DISTRICT PERMITTED BY SPECIAL
EXCEPTION; PROVIDING OFF-STREET PARKING REQUIREMENTS FOR A BED AND BREAKFAST INN;
PROVIDING FOR SEVERABILITY/INTERPRETATION; PROVIDING FOR REPEAL OF ORDINANCES AND
RESOLUTIONS INCONSISTENT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. (SECOND AND FINAL
READING) (CONTINUED FROM NOVEMBER 19, 2003 REGULAR MEETING)
Town Attorney Gougelman read Ordinance 2003-04 by title. Mayor Walters opened the meeting for comments from
the public regarding Ordinance 2003-04.
Linda Rydson, subject property owner and residence at 1301 Pine Street came forward and stated that even if this
ordinance if adopted tonight, it is a vote for the concept of a bed and breakfast to be allowed and advised that she
will have to go to the Board of Adjustment for a special exception, the Planning and Zoning Board for a site plan
review, and then back before the Town Commission for final approval on the site plan. Ms. Rydson asked that the
Town Commission let her move onto the next step and after public comment and before the Town Commission
makes its final vote, that they give her the opportunity to address any questions or concerns regarding the ordinance.
Building Official Munroe requested to make a statement and said that the decision on the ordinance tonight really
does not affect the Rydsons as he made a statement at the Planning and Zoning Board meeting that shocked
everybody in the audience and the further he looks into it, the more he will stand firm on the fact that the Pinky
Brown house or the Schmitt house is and was a single family dwelling, and is an existing non-conforming structure,
located in a commercial zone. Building Official Munroe stated that looking at the Life Safety Code, which identifies
the use of buildings and anytime you have public going into a building, it categorizes how you look at that building
in order to get people out of it. Building Official Munroe stated that this as an existing, non-conforming residence
and in the Life Safety book, it lists five (5) different categories of residence and a bed and breakfast, because it
does not have for than 16 people or more than 15 units per building, is a residence so the Rydsons do not have
to go through all of this, for site plan approval or anything else, but they do need the Town Commission’s
endorsement to expand or increase the nonconformity and the Board of Adjustment has taken the position that
they will not endorse that because they are afraid of setting a precedence without Town Commission approval.
Building Official Munroe stated that all that is a stake here tonight for this thing to move on is that the Rydsons
are already legal to put a bed and breakfast there, all they need is to expand that nonconformity,
Frank Thomas, 606 Atlantic Street commented that at the beginning of the ordinance, under one of the “Whereas”
it reads, “Whereas the applicant wishes to convert the Pinky Brown House at 201 Ocean Avenue.” and stated that
the right name ought to be Walter Brown as his family does not appreciate the nick name and the Rydsons had
no objection to this reference.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY THAT ORDINANCE NO. 2003-04 BE
ADOPTED AS AMENDED TO CHANGE THE WORD, “PINKY” TO “WALTER.” AFTER DISCUSSION,
VOTE: COMMISSIONER PRICE, AYE. COMMISSIONER GUGLIETTA, AYE. COMMISSIONER STACEY, AYE.
MAYOR WALTERS, AYE. COMMISSIONER WILSON, NAY. MOTION CARRIED.
Commissioner Wilson asked Building Official Munroe what he was getting at with what he said that this was a
non-conforming use of the house and since it had been unoccupied for a period of time, it now had to conform.
Building Official Munroe stated that it does not have to conform because the Rydsons, from the time they
purchased it, they put in motion what they wanted to do with it, the Town has been dragging their feet along
so you can’t say that this is going to change because we dragged them past the cut off point. Building Official
Munroe stated that the way he is looking at it, it is still a single-family dwelling and this has not changed.
Commissioner Wilson stated that the point has been made over and over that this is not a residence, this is a
business. Building Official Munroe stated that this is a residence and always was a residence, it has not changed,
the use has not changed, it was a single-family dwelling with a home occupation in it. Commissioner Wilson
stated that this ended and Building Official Munroe stated that it does not end until they change the use of the
building, and under the Life Safety Code, the use stays the same. Commissioner Wilson questioned that even
though nobody will be living in the house, it is a residence? Building Official Munroe stated that it is a residence
because they bought it as a residence and have not changed that and a bed and breakfast is still a residence
and so they are going to perpetuate the nonconformity. Commissioner Wilson asked if this is a business or a
residence? Building Official Munroe stated that it is a residence, governed by the Division of Restaurants and
Hotels, but it is under the 16 people per building or the 15 units for the property, so it is still a residence until
they change the use. Commissioner Wilson stated that this will not change the use because there are less
than 16 people in there. Building Official Munroe agreed. Commissioner Wilson asked if it will have something
to do with impact later on when the site plans come forward? Building Official Munroe stated that they don’t
need site plans because it is a residence not a business.
Commissioner Price stated that the Building Official advises that no site plan is needed, but currently only
one (1) building exists and in order to add buildings, you need plans. Building Official Munroe stated that
you need building plans, not site plans and they do not have to comply with landscaping or the fence ordinance.
Commissioner Wilson asked if they have to comply with the parking ordinance? Building Official Munroe stated
that as a residence they need two (2) off-street, enclosed parking spaces.
Town Attorney Gougelman stated that he agrees with the Building Official and also disagrees with the Building
Official and that he is correct about the Life Safety Code, he has looked at this and he is familiar with this and
is licensed by the State of Florida and he is probably correct; however, the Life Safety Code is not the zoning
code or the Comprehensive Plan. Town Attorney Gougelman stated that a banana and tangerine are both fruit,
but they are not the same fruit and here we have two (2) different definitions we are dealing with as far as use is
concerned. Town Attorney Gougelman stated that for the Life Safety Code, this falls into the definition of a
residential use for life safety purposes, but that is as far as it goes. Town Attorney Gougelman stated that for
the purposes of zoning or comprehensive planning, you can have the same object and call it something
different and as far as the law is concerned, if it is a life safety issue, you have to look at what the Life Safety
Code says about it and if it is a zoning issue, you have to look at the Zoning Code. Town Attorney Gougelman
stated that he is concerned because the Building Official is also the zoning director and is charged under the
zoning code with making interpretations of the zoning code and to the extent that he might say that a bed
and breakfast facility is a residential use. Town Attorney Gougelman stated that from a legal standpoint,
he thinks he would disagree with that, respectfully, but if that is the way he intends to interpret this, for
zoning purposes, we are beginning to skate on a mighty thin surface.
Mayor Walters asked Town Attorney Gougelman if he has a recommendation? Town Attorney Gougelman stated
that he does not have a recommendation.
Commissioner Price asked Building Official Munroe if he heard the explanation from the Town Attorney and Building
Official Munroe stated that he did. Commissioner Price stated that since you have a dual function for the Town, for
life-safety purposes, the bible is the Life Safety Code, but for all zoning purposes, the bible is the zoning code and
asked Building Official Munroe if this is how it is handled? Building Official Munroe stated that he disagrees,
respectfully, with the Town Attorney because since that was a house and is still a house, and by selling it, it does
not make that fact go away. Building Official Munroe stated that he does not believe the Town can drag its feet
until such time as a certain time elapses because the Rydsons had this intent when they purchased the property
and approached the Town. Commissioner Price stated that the issue is, that it is a residence on commercial
property that we are at the point of authorizing as a bed and breakfast, use which, in this Town is not authorized
at this time. Commissioner Price stated that as the Building Official, when you receive these requests for permits,
is it difficult for you to say for life safety purposes, there is a Life Safety Code and for zoning purposes, there is a
zoning code, which in this Town means something. Building Official Munroe stated that the first thing he has to
look at is the use and life-safety on any kind of public building, which is first and foremost and that the bed and
breakfast falls within that of a residence, not a hotel, motel or a dormitory.
Mayor Walters asked Building Official Munroe if the Rydsons will need a site plan review for the new structures?
Building Official Munroe stated that as an existing, non-conforming residence in a commercial zone, they do not
need a site plan because they are seeking to expand the nonconformity and that is all that they need to do.
Mayor Walters stated that he is concerned now because if the Town Commission approves this ordinance, the
Rydsons can pretty much do whatever they like
Building Official Munroe stated that the ordinance has nothing to do with that, because the way he is looking at it,
they do not need authorization, they are within their rights as a single family dwelling, but they do need the Board
of Adjustment to give them permission to expand a nonconformity.
Town Attorney Gougelman stated that the basic difference, for zoning purposes between a commercial and a
residential use is profit and the bed and breakfast inn will be a profit-making institution and this use is very
different for zoning purposes. Town Attorney Gougelman stated that it appears that the Town’s Zoning Director
is ruling tonight that residential uses are permitted in commercial zones.
Commissioner Price stated that this means, that as far as the Building Official is concerned, any dwelling in this
town can be converted, without the permission of the Town Commission, into a bed and breakfast. Building
Official Munroe stated that this is his interpretation.
The Town Commission, Interim Town Manager Smith and Town Attorney Gougelman discussed a situation in Town
where someone was renting a home out on a day by day basis and how the Town handled this situation.
Commissioner Price mentioned that in order to run a business in Town, one needs to obtain an occupational
license and Town Attorney Gougelman pointed out that an occupational license is viewed by many as being
regulatory and they are not, they are a receipt for a tax. Town Attorney Gougelman stated that this may have
been a code enforcement matter because this would be a commercial use in a residential district and advised
that the Town was looking at an ordinance prohibiting short-term rentals, similar to Monroe County and they
are now in federal court with the issue and the Town wanted to wait to see what came of that.
Town Attorney Gougelman recommended that the Town Commission pass Ordinance 2003-04 and examine more
closely what the Building Official is advising to see whether or not the Town Commission can get a better under-
standing of his ruling or agree with the ruling and whether he is making proper rulings as the Town’s zoning director.
Mayor Walters asked Town Attorney Gougelman if wording could be added on Page 2 in the definition section to
make it more restrictive for other bed and breakfasts to be in the 6-B zoning district and Town Attorney Gougelman
stated this would be difficult.
Ms. Rydsons stated that the State of Florida has to license bed and breakfast inns through the Division of Hotels
and Restaurants and they have strict codes, which would make it difficult for just anyone to open a bed and
breakfast in Town.
Commissioner Guglietta asked Town Attorney Gougelman that in the Town Code Chapter 65, Section 65-5, it
reads, “The businesses, occupations and professions that are permitted to receive occupational licenses in the
Town at the value to be determined for each occupation as set forth below” and stated that the Town will need to
amend the ordinance to add bed and breakfast and daycare centers. Town Attorney Gougelman stated that in
regard to adding additional uses in this section is that the State Statute limits you to how often and/or when you
can amend this and that he will check into it.
B. ORDINANCE 2003-03
AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO
POLICE RETIREMENT BENEFITS; PROVIDING FOR AN ADDITIONAL $10 PER MONTH RETIREMENT BENEFIT
FOR CERTAIN POLICE OFFICERS; 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. (SECOND AND FINAL READING) (TABLED
NOVEMBER 19, 2003 REGULAR MEETING)
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER PRICE TO TAKE THIS AGENDA ITEM FROM THE
TABLE FOR DISCUSSION.
VOTE: ALL AYES. MOTION CARRIED.
Town Attorney Gougelman read Ordinance 2003-03 by title. Mayor Walters asked for public comment.
Brent Peoples, 417 Anchor Key, Chairman of the Police Pension Fund Board of Trustees stated that the Board
has discussed this issue for quite some time and that it is presented with the expectation of approval. Chairman
Peoples stated that the estimated $47,539 to be received from the State was actually $54,045, an increase that
makes this proposal look a bit better and the original balance from the Town of $59,834 will be $54,584.
Mayor Walters commented that the Town has to pay less into the plan than before, but this does not alleviate his
other concerns such as the salary increases turned out to be 8% rather than 5%, adding another $5,000 which
makes it almost 9% and for two (2) years we have had an inflation rate of about 2.2% and we have provided an
average over the last three (3) years of about 25-30% in salary increases. Mayor Walters stated that it seems
we are being asked for more benefits and more money and are not getting more. Mayor Walters stated that the
burglary rates quintupled, grand larcenies doubled, and we wrote a total of 84 tickets last month. Mayor Walters
stated that he has a problem making this benefit retroactive to an employee who resigned and left the Town.
Mayor Walters stated that there is a question is to whether or not we have the money and that he would prefer
to wait until the auditors have made the determination that we are not running a deficit before we make any big
expenditures are known. Mayor Walters stated that for two (2) years, the Town Commission has said we will
look at the Town employee’s pension plan and make some adjustments because they have nothing in comparison
to the Police Department’s plan, but will go along with the majority regarding this issue.
Commissioner Wilson asked when the audit will be done and Interim Town Manager Smith stated that they were
supposed to be in this week, but we found out from the auditors that they had received a telephone call asking
that the audit be postponed and they are scheduled for the 19th of January and that she has asked them to come
in as soon as possible.
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER STACEY TO TABLE SECOND READING OF
ORDINANCE 2003-03 UNTIL AFTER THE ANNUAL AUDIT.
VOTE: ALL AYES. MOTION CARRIED.
III. PROCLAMATIONS AND AWARDS:
A. PRESENTATION OF SPECIAL RECOGNITION AWARD TO MELBOURNE BEACH AUXILIARY POLICE
OFFICER GRAHAM OHLMANN.
Acting Chief of Police Haran presented a special recognition award to Melbourne Beach Auxiliary Police Officer
Graham Ohlmann for his service to the Town.
B. PRESENTATION OF CERTIFICATE OF APPRECIATION TO PAUL S. GUGLIETTA FOR SERVICE ON
THE TOWN’S PARKS BOARD AND ENVIRONMENTAL ADVISORY BOARD.
Mayor Walters presented Certificates of Appreciation to Commissioner Paul S. Guglietta for his volunteer service o
n the Town’s Parks Board and Environmental Advisory Board.
IV. NON-SCHEDULED CITIZEN COMMENTS (3-MINUTE LIMIT PLEASE)
Ann Downing, 801 Pine Street asked when the audit is going to happen? Ms. Downing was advised that it is
scheduled for January 19th, but the Interim Town Manager is trying to get the auditors in sooner.
Xochitl Ross, 1106 Atlantic Street asked what the status is of the Town rewriting the height code and was advised
that the meeting date will be set tonight.
Frank Thomas, 606 Atlantic Street commented that in looking at the crooked picture on the wall, it does not look
like a picture of the Town of Melbourne Beach. Mr. Thomas commented that Founders Day is coming up that the
condition of the Ryckman House would make the Town’s founders ashamed of the home and stated that he is
ashamed of the condition of the Ryckman House and he would not like to have anything to do with a Founders
Day that does not honor the founders any better than that.
Linda Rydsons, 1301 Pine Street commented that the person who did the watercolor of the Walter Brown house
for her did this for $350 and he could do a watercolor of the Community Center based on the old photo of the
Woman’s Club.
V. APPROVAL OF MINUTES: OCTOBER 9, 2003 SPECIAL MEETING,
OCTOBER 20, 2003 WORKSHOP,
OCTOBER 22, 2003 REGULAR MEETING,
NOVEMBER 12, 2003 SPECIAL MEETING,
NOVEMBER 19, 2003 REGULAR MEETING
NOVEMBER 20, 2003 BUDGET PUBLIC HEARING,
NOVEMBER 20, 2003 SPECIAL MEETING,
NOVEMBER 20, 2003 WORKSHOP AND
DECEMBER 1, 2003 SPECIAL MEETING.
Commissioner Wilson requested the following corrections to the October 9, 2003 special meeting minutes: Page 2,
second paragraph, fourth line, after the word question, change the word “to” to “of”; Page 3, last paragraph, first line,
change the word, “the” to “that” after the word Menzel; Page 4, first paragraph, first line, change the word “measured”
to “measure,” second paragraph, line 6, delete the word “and” after Officials; and, Page 8, second paragraph, line 6,
change the word “maximum” to “minimum”; Page 9, third paragraph, end of the first line, change the word, “the” to “there”
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO APPROVE THE MINUTES OF
OCTOBER 20, 2003 WORKSHOP, OCTOBER 22, 2003 REGULAR MEETING, NOVEMBER 12, 2003 SPECIAL
MEETING, NOVEMBER 19, 2003 REGULAR MEETING, NOVEMBER 20, 2003 BUDGET PUBLIC HEARING,
NOVEMBER 20, 2003 SPECIAL MEETING, NOVEMBER 20, 2003 WORKSHOP AND DECEMBER 1, 2003 SPECIAL
MEETING AS WRITTEN AND APPROVE THE MINUTES OF OCTOBER 9, 2003 SPECIAL MEETING AS AMENDED.
VOTE: ALL AYES. MOTION CARRIED.
VI. REPORTS BY ANY TOWN BOARD SUBMITTING A REPORT.
There were no Town Board reports.
VII. OLD BUSINESS:
A. APPROVAL OF OAK STREET PEDWAY PLANS (TABLED NOVEMBER 19, 2003)
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER GUGLIETTA TO TAKE THE AGENDA ITEM FROM
THE TABLE FOR DISCUSSION.
VOTE: ALL AYES. MOTION CARRIED.
Interim Town Manager Smith stated that this agenda item was tabled at the November 19, 2003 regular Town
Commission meeting and stated that a meeting has been set for January 8, 2004 to review the final plans with
the residents to get comments. Interim Town Manager Smith requested that the Town Commission table this
again until the January regular meeting.
Mayor Walters opened the meeting to public comment regarding this agenda item.
Mike King, 1401 Oak Street commented that the item may need to be postponed until after the audit because
the Town will need almost $50,000 for the entire plan. Interim Town Manager Smith stated that this is a County
project and we have to move forward and obtain the permits and that she received financial information today
and will review it to find out if this is money that the Town does have and will know this for sure before the 8th
of January.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER WILSON TO TABLE THIS AGENDA ITEM
UNTIL JANUARY 21, 2004.
VOTE: ALL AYES. MOTION CARRIED.
B. DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF JOB DESCRIPTION FOR FIRE
DEPARTMENT MAINTENANCE WORKER POSITION (TABLED NOVEMBER 19, 2003)
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER STACEY TO TAKE THE AGENDA ITEM FROM
THE TABLE FOR DISCUSSION.
Interim Town Manager Smith stated that she was not aware that this was a draft. job description and requested
that the agenda item be tabled again.
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER GUGLIETTA TO TABLE THE AGENDA ITEM UNTIL
JANUARY 21, 2004.
VOTE: ALL AYES. MOTION CARRIED.
C. DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF A SUPPORT CONTRACT WITH
ARTEMIS INTERNATIONAL TECHNOLOGIES, INC. (TABLED NOVEMBER 19, 2003)
Interim Town Manager Smith pulled this item from the agenda at the beginning of the meeting.
D. DISCUSSION AND POSSIBLE ACTION REGARDING SALARY INCREASE FOR TOWN CLERK.
(COMMISSIONER WALTERS) (TABLED OCTOBER 22, 2003 AND NOVEMBER 19, 2003)
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER WILSON TO TAKE THE AGENDA ITEM FROM
THE TABLE FOR DISCUSSION.
VOTE: ALL AYES. MOTION CARRIED.
Interim Town Manager Smith stated that the Town Clerk received a 3% salary increase and the 5% salary increase
for the step was held up by the previous Mayor and suggested that the Town Commission give the Town Clerk 5%
increase at this time.
The Town Commission discussed the step plan as adopted three (3) years’ ago and how employees are not currently
in a designated step as some employees received an automatic 3% raise this year and the additional 5% step raise.
Mayor Walters stated that there was a clause in the step program that the Town Manager could come to the Town
Commission and request an additional cost-of-living increase.
The Town Commission agreed that they need to work on the step plan.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON THAT THE TOWN CLERK BE AWARDED A
TOTAL OF 8% SALARY INCREASE FROM HER BASE SALARY PRIOR TO THE 3% RECENTLY RECEIVED,
RETROACTIVE TO OCTOBER 1, 2003.
VOTE: COMMISSIONER PRICE, AYE. COMMISSIONER WILSON, AYE. COMMISSIONER GUGLIETTA, AYE.
COMMISSIONER STACEY, AYE. MAYOR WALTERS, NAY. MOTION CARRIED.
Commissioner Guglietta stated that if the Mayor, as the Town Clerk’s administrative supervisor, does the Town
Clerk’s, it would be appropriate if the Mayor discusses the evaluation with entire Town Commission to receive input.
Mayor Walters stated that the Town Charter says that the Mayor is the Town Clerk’s immediate supervisor and that
she works under the direction of the Town Commission and would prefer that every member of the Town Commission
evaluates the Town Clerk before October 1st.
Commissioner Price stated that if each Town Commissioner evaluated the Town Clerk, there would be an average
taken of all evaluations regarding any salary increases.
Commissioner Guglietta stated that if the Mayor is going to speak for the Town Commission and be the one designated
to perform the evaluation, he would like to give his input on the evaluation.
Mayor Walters opened the meeting for public comment regarding this agenda item.
Susie Stark, 307 Fifth Avenue commented that in reviewing the meeting tapes for the fire truck reserve and in those
tapes was discussion of the implementation of the step program and the tapes contain fruitful information regarding
how the plan should have been implemented and what the percentages were and that she does not believe it was
implemented properly.
Commissioner Price stated that a workshop is in order to review the step program. Mayor Walters stated that he
would much rather go the way it used to be, if we have the money and they have done a good job, we give the
employees what we can afford to give them.
VIII. NEW BUSINESS:
A. DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF A LEASE AGREEMENT BETWEEN
LEASING 2, INC. AND THE TOWN OF MELBOURNE BEACH FOR THE LEASE/PURCHASE OF A CLASS A PUMPER.
Interim Town Manager Smith stated that this item was on the November 19th Commission Meeting and the Town
Commission adopted the resolution required for the lease, but wanted the Town Attorney to review the lease agreement.
Town Attorney Gougelman stated that the loan closing package has been reviewed and that he has submitted a
checklist letter to the Town Manager to make sure all items on the list are in order at the time of closing. Town
Attorney Gougelman stated that there are two (2) provisions in the loan documents that she should try to get
removed: If there is a dispute, there will be no trial by jury and the other an indemnification provision. Town
Attorney Gougelman stated that other than that, the documents are basically in proper order and Section 3.2
of the master lease agreement is the provision that states that on a year-to-year basis the Town will be asked
to fund a lease payment for that year, and if the Town decides not to do so, the lease will come to an end.
Town Attorney Gougelman sated that this type of lease arrangement is pretty common these days for public
entities. Town Attorney Gougelman recommended that the Town Commission proceed with loan/lease documents.
Mayor Walters asked for public comment regarding this agenda item. There were no comments from the public.
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER PRICE TO APPROVE THE LEASE AGREEMENT
BETWEEN LEASING 2, INC. AND THE TOWN OF MELBOURNE BEACH FOR THE LEASE/PURCHASE OF A
CLASS A PUMPER.
VOTE: ALL AYES. MOTION CARRIED.
B. DISCUSSION AND CONSIDERATION OF PROCEEDING WITH A REQUEST BY THE MELBOURNE
BEACH VOLUNTEER FIRE DEPARTMENT TO ENTER INTO A FORMAL AGREEMENT TO FACILITATE
THE PURCHASE OF A PIERCE MINI-PUMPER BY THE MELBOURNE BEACH VOLUNTEER FIRE
DEPARTMENT, INC.
Interim Town Manager Smith stated that the Fire Chief supplied a memo regarding this and the Corporation is
looking into making this purchase. Interim Town Manager Smith sated that the Fire Chief will address this agenda
item and the Town Attorney will need to look at this and prepare some type of an agreement between the Town
and the Fire Department.
Fire Chief Hunter stated that one year ago he asked the Corporation to start looking at replacing the mini pumper
and with talking to Leasing 2, for the Corporation to lease a truck, they would have to jump through a lot of loops
and the Corporation could not donate the vehicle back to the Town because the title would have to be in the
Corporation’s name and they would have to insure it and keep the title. Fire Chief Hunter stated that with this
type of agreement, the Corporation would give the Town the money and the Town would be making payments
and keeping the title. Fire Chief Hunter stated that the agreement would be between the Town and the Corporation
to make a yearly payment of $12,000 per year for 10 years.
Commissioner Wilson asked how much money would be put down on the vehicle and Fire Chief Hunter stated
that the Corporation would put down roughly $40,000, which is donated and allocate $30,000 out of savings
and within the past year, we have generated roughly $8,000 for the new mini-pumper.
Commissioner Price stated that this will be a 10-year lease at $12,000 per year for the purchase of a mini pumper
and we will be getting two (2) new trucks, without any direct costs to the Town and the funds will be raised by
the Corporation and the down payment will be made out of volunteer fire department funds which resulted from
raising funds which generated of $40,000.
Fire Chief Hunter stated that the only cost to the Town will be the insurance payment
Mayor Walters asked Town Attorney Gougelman where this stands legally? Town Attorney Gougelman stated
that this is pretty much the same as the transaction just approved. Town Attorney Gougelman stated that the
only concern he has is what would happen if the Volunteer Fire Department is unable to raise sufficient funds
and the Town would need an alternative source to make up the deficit there might be. Fire Chief Hunter stated
that the Corporation has over $80,000 plus the Department is part of a trust and receives $24,000 per year from
that trust. Mayor Walters advised that the Town needs an agreement between the Town and the Melbourne
Beach Volunteer Fire Department, Inc. specifying the conditions.
Mayor Walters asked for public comment regarding this agenda item. There were no comments from the public.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO APPROVE THE REQUEST BY THE
MELBOURNE BEACH VOLUNTEER FIRE DEPARTMENT TO ENTER INTO A FORMAL AGREEMENT WITH THE
TOWN TO FACILITATE THE PURCHASE OF A PIERCE MINI PUMPER TO BE WORKED OUT BY THE TOWN
ATTORNEY.
VOTE: ALL AYES. MOTION CARRIED.
Commissioner Wilson asked to address Sue Stark regarding the missing money and advised that he went back
through the audits from 1998 up to 2002 and noticed that in 1998 there was no capital projects fund and it was
created in 1999 to start saving for the fire truck. Ms. Stark asked to give a summary from tape and stated that in
2001 the Town Commission pushed the Town Manager to do what the intention was, to make this a restricted
fund (capital fund) to hold $20,000 every year. Ms. Stark stated that funds were taken to cover costs regarding
a grant received for the emergence siren and in 2001, $40,000 was designated to be set aside as the current
reserve, with $20,000 to be set aside annually.
Commissioner Wilson stated that in 1999 there was about $95,000 in capital projects and in the year 2000, $50,000
is moved from capital projects to debt service to cover maybe the bond and asked if this is the amount that is missing?
Ms. Stark stated that she discovered that the money that was set aside for the Fire Department annually was not
expended and did not to go to a restricted account, but went back into the general fund.
Commissioner Price stated that he is hearing that although the money was appropriated by the Town Commission,
there was never any separation of funds, and therefore all of the monies that we spent, were spent out of the general
fund. Commissioner Price stated that there was never any separation of funds. Commissioner Price stated that
the funds should be $80,000, not $100,000 as previously thought and Ms. Stark agreed.
Mayor Walters called for a break at 8:50 p.m. and called the meeting back to order at 8:55 p.m.
C. DISCUSSION OF ENTERING INTO AN INTERLOCAL AGREEMENT WITH THE TOWN OF INDIALANTIC
REGARDING SHARING A BUILDING OFFICIAL IN A 50/50 CAPACITY. (COMMISSIONER WILSON)
Commissioner Wilson stated that he has had concerns regarding the Building Official’s decisions made recently
and it may be because of the small amount of time he spends in Town. Commissioner Wilson stated that Indialantic
was looking for a Building Official and he thought that maybe we could enter into an agreement to split a person to
work half the time in Indialantic and half the time in Melbourne Beach, but Indialantic has hired a person and
suggested that the Town consider looking into sharing a Building Official with the County.
Commissioner Price stated that this item is certainly timely and it needs to be discussed, but exactly how and what?
Commissioner Guglietta stated that when we talk about our building codes, we can look into this idea and Interim
Town Manager Smith stated that the County Building Department will not share an employee.
Mayor Walters stated that he is willing to look at a proposal on the basis of saving money, but we have given him
the authority and now we want to punish because we do not like his decisions. Mayor Walters stated that we
can tighten up the code to take away some of his decision making authority.
Town Attorney Gougelman stated that the Town Commission is on the right track, can you save money or can get
more services, this is the question and if you are concerned about the type of rulings that the Building Official is
making and as long as Daryl is the Building Official, there is not much you can do because he is State Licensed
in that regard. Town Attorney Gougelman stated that it is unusual for a Building Official to also be the person who
interprets the zoning code.
Mayor Walters asked for public comment regarding this agenda item.
Trish Riemer, 607 Riverside Drive commented that the Building Official is budgeted for 20 hours per week and he
punches a clock like other employees and when we shared Building Officials with INDIALANTIC, you never had a
Building Official in Town when you needed him.
Alice Graham, 305 Fifth Avenue commented that this reminds her of J. Edgar Hoover, no supervision feels the same
way with Daryl, nobody sees that he is doing his job and when something is wrong, he interpreted it and an
appurtenance should be clear to the Building Official.
Mark Crispen, 512 Ocean Avenue commented that the Town Commission should be careful going after an individual
to resolve one issue and the code is not clear and the Town Commission should focus on cleaning up the codes.
Commissioner Wilson stated that he is not saying he is going after an individual, he is suggesting making another
arrangement. Commissioner Wilson stated that when you make an interpretation, you need to keep in mind what
the desires of the community is.
Commissioner Price stated that there are two (2) problems: cleaning up the codes and compatibility between the
Town and the Building Official, it is an attitude thing. Commissioner Price asked for suggestions from the Building
Official on how to tailor the codes to give him the needed restrictions to comply with the Town’s wishes.
Commissioner Price stated that this is something we need to look into before we pounce on the idea of
sharing a Building Official.
Mayor Walters stated that he would like to include the Building Official in the workshops for his input to see where
he is coming from with his interpretations of the code.
Commissioner Guglietta read from a memo he wrote to the Town Manager, “It is time to stop all of the talk about
amending and fixing our Town building codes and take action now. This Town Administration and Commission
has a limited time frame to address and fix this matter before we find ourselves facing another problem in this area.
The Town Administration and Commission must be proactive and not reactive, which has been the case of
previous administrations and Commissions. We have all heard the outcry from our citizens on this issue
loud and clear and we must heed their concerns now. I proposed and recommend that the Town Manager
meet with the Town Planner, the Building Official, the Town Attorney, the Chair persons of the Planning and
Zoning Board and prepare a proposal for changing and updating our building codes. I suggest that the following
areas be discussed, along with any other areas you may consider in your workshops:
1. The uniform location of measuring the height of structures, both new and rebuilt on the ocean, middle and river
areas of our Town;
2. Firm measurements for heights of antenna and other paraphernalia;
3. Eliminate wording such as “appurtenances” and other vague areas that currently leave too much interpretation
of the code to our building official.
These are just a few suggestions, I am not an expert in this area, you may also want to ask some citizens for their
input in this matter, but please, no blue ribbon committees, it is too late for that. Commissioner Wilson has raised
the consciousness of our Town and the Commission on this very important matter. I can’t stress in any stronger
terms that we all must get off of our butts and get in gear and fix this Town’s building codes. I know you have a
full plate, Connie, however, I have the fullest confidence in your ability to come up with suggestions and
recommendations to present to this Commission for its consideration.”
Interim Town Manager Smith suggested that the Planning and Zoning Board meet with the Town Planner and
Building Official and have them work on this and come up with some changes to this code and it bring this back
to the Town Commission to workshop maybe with the Planning and Zoning Board.
Mayor Walters stated that we need to adopt a zoning code that supercedes the Life Safety Code. Interim Town
Manager Smith stated that our code now says Southern Building Code, which is no longer and within the next
five (5) years we could have a Universal Code.
Commissioner Wilson stated that we need to set a date and set a priority about what we are going to talk about
first such as where are you going to measure from and where are you going to measure to. Interim Town Manager
Smith stated that the Town will contact the Planning and Zoning Board Chairman and set a date to start after the
first of January.
Mike King, 1401 Oak Street and member of the Planning and Zoning Board stated that January 5th is the Board’s
first open meeting date and half the time, meetings are cancelled. Mr. King asked if the Town needs a facilitator or
advisor other than the Building Official to help the Board review the codes.
Xochitl Ross, 1106 Atlantic Street commented that it was on October 9th that we had to rewrite the code to tighten
it up, and it was up to the Building Official and Town Planner to do something and the fact that two (2) months later
nothing has been done and asked if this not tell you something? Commissioner Wilson advised that they
recommended that the words “other appurtenances” be taken out of the code. Mayor Walters stated that the
Town Commission is determined to have something.
D. CONSIDERATION OF OLD COMPUTERS BEING DONATED TO GEMINI ELEMENTARY SCHOOL.
Interim Town Manager Smith stated that she received a telephone call from Gemini School and was asked when
the Town was going to deliver computers because they were donated to the school by the previous Town Manager.
Interim Town Manager Smith stated that she did not remember the Town Commission being asked to donate these
and the Town Clerk could not find this in the minutes. Interim Town Manager Smith stated that she has been told
that the hard drives have been cleaned on these computers and that the Town three (3) computers and the Police
Department has five (5) computers. Interim Town Manager Smith stated that she would like Artemis come out
to make sure the hard drives are clean.
Mayor Walters stated that if we are donating computers to Gemini Elementary School, it would make him think
that we have new computers and stated that he does not ever remember the Town Commission never budgeting
any new computers and asked who authorized this purchase? Mayor Walters questioned if the Town went out for
bid on these new computers and recommended that the Town not donate the computers until it finds out how
many there are and how old they are.
Commissioner Price stated that we need an inventory of the computers showing the make, the date acquired and
the cost and then we can look and see what is surplus and what is required to stay.
Commissioner Guglietta stated that he does not mind donating the computers to the school, but does not like the
fact that they were told they could have them without approval of the Town Commission.
E. DISCUSSION AND POSSIBLE ACTION REGARDING A REQUEST TO SUPPORT KEEP BREVARD
BEAUTIFUL’S 19TH ANNUAL TRASH BASH.
Interim Town Manager Smith stated that in the past, the Town has supported this and the Town is a $300 sponsor.
Interim Town Manager Smith recommended that this funding is in the Legislative budget under promotional activities.
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER PRICE TO SUPPORT TRASH BASH AS A $300
SPONSOR.
VOTE: ALL AYES. MOTION CARRIED.
F. SELECTION OF A VICE MAYOR TO SERVE UNTIL NOVEMBER 2004.
COMMISSIONER WILSON MOVED THAT COMMISSIONER PRICE BE SELECTED AS VICE MAYOR TO SERVE
UNTIL NOVEMBER 2004.
MOTION DIES FOR LACK OF A SECOND.
COMMISSIONER STACEY MOVED, SECOND MAYOR WALTERS THAT COMMISSIONER GUGLIETTA BE SELECTED
AS VICE MAYOR TO SERVE UNTIL NOVEMBER 2004.
VOTE: ALL AYES. MOTION CARRIED.
G. DISCUSSION OF CLOSING TOWN HALL ON FRIDAY, DECEMBER 26, 2003.
Mayor Walters stated that the employees have Wednesday and Thursday off and are asking for an additional day
of Friday off and the cost to the Town is about $1,600 to $2,000.
Interim Town Manager Smith stated that the county gave their employees that day off and she was not going to
ask for the extra day until she saw that the County Commission approve the day off.
Mayor Walters asked what will happen to those employees who have to work this day? Interim Town Manager
Smith advised that they will receive eight (8) hours compensatory time.
Mayor Walters asked for public comment regarding this agenda item.
Mike King, 1401 Oak Street asked what about the day after New Year’s day then? Interim Town Manager Smith
stated that the employees only get New Year’s day off and stated that she felt it would be nice for the employees
because there has been a lot of turmoil and things are smoothing out and the employees are pitching in and doing
a good job. Mr. King responded that this is setting a precedence and you will ask for the same thing in seven (7) years.
Trish Riemer, 607 Riverside Drive asked for clarification that the employees who work on that day will receive
eight (8) hours’ compensatory time and the Town needs to clarify if it is holiday pay or straight time pay.
Mayor Walters suggested that to give employees this Friday off that they work until 12:00 p.m. on Christmas Eve.
Commissioner Price commented that he did not realize that Christmas Eve was a holiday and that this is too
much time off and too costly for the Town and it is not a good idea to have the day after Christmas as a day off.
IT IS THE CONSENSUS OF THE TOWN COMMISSION NOT TO GRANT THE REQUEST OF CLOSING TOWN HALL
ON FRIDAY, DECEMBER 25, 2003.
IX. REPORTS:
A. TOWN ATTORNEY
There was no Town Attorney report.
B. TOWN MANAGER
Interim Town Manager Smith stated that the Melbourne Beach Volunteer Fire Department received an e-mail
from FEMA grant office, which the department had submitted a grant for protective gear and equipment, and it
was notification of discussion of the application as they had some questions on the grant and wanted questions
answered prior to application. Interim Town Manager asked Sue Stark to update the Town Commission.
Sue Stark of the Melbourne Beach Volunteer Fire Department stated that during the two (2) previous grant cycles
the department applied for a vehicle and in March 2003 the department notified the Town Commission that it was
going to apply for the grant again but was switching categories to fire safety and equipment. Ms. Stark advised
that the Commission approved a resolution to supply the 10% non-federal share of the funding, roughly $13,000.
Ms. Stark reviewed the equipment included in the grant: 2 rapid intervention teams; cascade system fill station
to refill SCBA tanks; a thermal imaging device; personal protective equipment; an electronic accountability
system; 24 complete sets of bunker gear; 30 face pieces for the SCBA units; 20 pass devices, which indicate
when your air is getting low; and 20 SCBA units.
C. TOWN COMMISSIONERS
Vice Mayor Guglietta reported that he attended the Advance Institute of Elected Officials on December 5th and
6th and discussed what courses he attended. Vice Mayor Guglietta stated that he held his first Commission
open house and four (4) people attended and the bed and breakfast and building heights were discussed.
Commissioner Stacey reported it was his impression that in addition to working for the Town, Daryl Munroe also
works for the City of Melbourne as Building Inspector and that he is under the impression that all Police Officers
are Code Enforcement Officers.
Commissioner Wilson reported that he has suggested that the Public Works Department work out on the Ryckman
House to do some improvement work. Interim Town Manager Smith stated that she has heard that there is
paperwork where Outlaw Engineering did an evaluation of the house as to what needed to be done and what the
Town could do to the Ryckman House, but has not found the documentation.
Mayor Walters reported that the gazebo is leaking and needs to be stained and sealed and the Town Manager
advised that this will be done as the Town is aware of this. Mayor Walters stated that when the Town Commission
approved new patrol cars, they are to be used by the police officers and the Police Chief is driving the new vehicle
and asked why? Interim Town Manager Smith stated that she met with the Interim Chief of Police and the new
vehicle and advised that she wanted the sport utility vehicle, which he was driving, equipped and on the road
immediately and advised that if he wants to drive one of the older vehicles, he could. Mayor Walters requested
a change to Resolution 702 in the near future so that the Town Commission discusses an agenda item first and
then ask for public comment so that they know each Commissioner’s thoughts on the item and get educated in
the issue at hand.
Mayor Walters asked if the Town received any more change orders on the municipal complex? Interim Town
Manager Smith was asked to look into additional change orders. Mayor Walters asked that the Town look into
the possibility of purchasing wireless microphones for the Town Commission and Commissioner Price commented
that the Town should first look at the speakers, then look at the microphones.
D. GENERAL COMMISSION DISCUSSION (TIME PERMITTING)
Commissioner Wilson apologized to the Town Commission for his actions at last meeting.
X. ADJOURNMENT
COMMISSIONER STACEY MOVED, SECOND VICE MAYOR GUGLIETTA TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The regular meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 10:05 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.
|