Town Commission

Regular Meeting - Revised

November 14, 2007

The Town Commission of the Town of Melbourne Beach, Florida, met in regular session on Wednesday, November 14, 2007, in the Community Center, 509 Ocean Avenue, at 6:30 p.m.

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In attendance were Mayor William Stacey, Vice-Mayor Donnie Price, and Commissioners April Evans, Paul Guglietta and Charles Tennant. Also present were Town Manager Jim Bursick, Town Attorney Paul Gougelman, Building Official William Whitelock and Town Clerk Lenore R. Milan.

Mayor Stacey called the meeting to order and offered the invocation. The entire assembly recited the Pledge of Allegiance to the Flag.

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Selection of Vice Mayor to serve November 2007 through November 2008.

Commissioner Evans nominated Vice Mayor Price to serve, once again, as the Town’s Vice Mayor, which was seconded by Commissioner Tennant. The motion carried unanimously.

Committee Appointments: Metropolitan Planning Organization, Library Board, Space Coast League of Cities, Alternate for Space Coast League of Cities and St. John River Water Management Board

Commissioner Guglietta was appointed to continue to serve on the Metropolitan Planning Organization Board, and the South Beaches Coalition; Vice Mayor Price was appointed to continue to serve on the Space Coast League of Cities, with Commissioner Evans to continue as our Alternate Member; Commissioner Tennant was appointed to Patrick Air Force Base Restoration Advisory Board and the St. Johns River Water Management District Board, Mayor Stacey was appointed to the Library Board.

Changes to the Agenda

Town Manager Bursick requested to move presentations by Special Guests to be next on the agenda.

Presentations by Special Guests

Police Chief Krueger administered the oath of Office to Officer Jason Hinchman, who became an officer for the Town on October 31, 2007. A five-minute recess was called to congratulate Officer Hinchman.

Approval of Minutes

Vice Mayor Price made a motion to approve the minutes of October 17, 2007 Regular Meeting, October 22, 2007 Executive Session, March 6, 2007, August 22, 2007 and September 5, 2007 Special Call Meetings, and August 21 and 22, 2007 Budget Workshops, and September 5, 2007 First Budget Hearing, which was seconded by Commissioner Guglietta. The motion carried unanimously.

Consent Agenda

The first item was the request to re-schedule the January Town Commission regular meeting

from Wednesday, January 16, 2008 to Wednesday, January 23, 2008, which was requested by Mayor Stacey.

The next item was the approval of Special Events:

a. Annual Tree Lighting Ceremony to be held on Thursday, December 13, 2007

b. Holiday Parade to be held on Saturday, December 15, 2007

Commissioner Guglietta made a motion to approve the Consent Agenda, which was seconded by Vice Mayor Price. The motion carried unanimously.

Non-Scheduled Citizen Comments

Ms. Lori Giniewski, 512, Banyan Way, spoke about registered sex offenders; she stated she was concerned especially for those residents with children. She asked the Police Department for help, and asked if the Town had an Ordinance with regard to registered sex offenders, that Indialantic had one, with a 2,000 feet restriction from public schools and parks. Ms. Giniewski stated that the more we can do to protect our children, the better.

Town Manager Bursick was asked to look into this.

Town Manager Bursick advised that he and Town Attorney Gougelman have already discussed this matter, that it was a complex issue, and that they needed to have more discussions on this.

Ms. Giniewski thanked him very much.

Boards and Committees

Commissioner Guglietta requested that each Board be represented at the Commission meetings to present a report, to give an update of their Board’s activities.

Town Clerk Milan advised the Commission that she had two volunteer applications to present at the December Commission meeting.

Mayor Stacey asked the Clerk to advise the Boards for the next meeting.

Public Hearings

The first item was the second reading of Ordinance 2007-08 relating to zoning, amending Section 7A-38, Appendix A, providing that bed and breakfast inns are a conditional use in the 8-B zoning district permitted by special exception, as requested by Town Manager Bursick. This Ordinance was advertised on November 2, 2007.

Town Attorney Gougelman read Ordinance 2007-08, in title only for second reading:

AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD

COUNTY, FLORIDA, RELATING TO ZONING; MAKING FINDINGS; AMENDING

SECTION 7A-38, APPENDIX A, TOWN CODE; PROVIDING THAT BED AND

BREAKFAST INNS ARE A CONDITIONAL USE IN THE 8-B ZONING DISTRICT

PERMITTED, in title only.

Vice Mayor Price made a motion to approve this Ordinance for second reading, which was seconded by Commissioner Guglietta.

Commissioner Tennant spoke about this area being right across the street from the 8-B zoning district with the gas station in 7C; the area west of the gas station down to Riverside. .

The motion carried unanimously.

The next item on the agenda was the second reading of Ordinance 2007-09 regarding amendments to the Police Pension Plan, which was requested by Town Manager Bursick. This Ordinance was advertised on November 2, 2007.

Town Attorney Gougelman read Ordinance 2007-09, in title only for second reading:

AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, RELATING TO THE POLICE OFFICERS’ RETIREMENT SYSTEM; AMENDING AND RESTATING SECTION 11-54, TOWN CODE, RETIREMENT; PROVIDING FOR THE POLICE OFFICERS’ RETIREMENT SYSTEM; PROVIDING DEFINITIONS; AMENDING THE POWERS OF THE BOARD OF TRUSTEES, MEMBER CONTRIBUTIONS, BENEFITS, AND DISABILITY BENEFITS; PROVIDING OPTIONAL FORMS OF BENEFITS AND FOR BENEFICIARIES; AMENDING THE MAXIMUM BENEFIT LIMITATIONS AND DIRECT TRANSFER OF ELIGIBLE ROLL OVER BENEFITS; SETTING FORTH THE DISTRIBUTION OF BENEFITS, MISCELLANEOUS PROVISIONS; PROVIDING FOR THE EXEMPTION FROM EXECUTION AND NON-ASSIGNABILITY, PENSION VALIDITY, FORFEITURE OF PENSION, AND INDEMNIFICATION; PROVIDING FOR SEVERABILITY AND INTERPRETATION; PROVIDING FOR REPEAL OF ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE, read in title only.

Commissioner Guglietta made a motion to approve this Ordinance for second reading, which was seconded by Vice Mayor Price.

Commissioner Tennant spoke about the maximum benefit limitations doubling from $90,000 to $180,000.

Lt. Haran explained that the Heart and Lung Bill, Chapter 175, Chapter 185, are State mandated. He advised that heart disease is now considered work related, and it has been incorporated into State law since 1981.

Commissioner Tennant spoke about the last paragraph on page 29, regarding additional limitations on Pension Benefits.

Lt. Haran advised that supplemental benefits the Police Department are cost of living increases; it helps supplement the amount for years of service.

Commissioner Tennant asked if the Town has a definition of the supplement insurance benefits. He was advised that members who have reached their normal retirement date can receive $10 per month for every year of service, as provided on pages 15 and 16 as a supplemental benefit.

There was a discussion regarding disability and the vesting process; that it took ten years to be vested.

Mr. Steve Walters, 416 6^th Ave, spoke about the heart disease being work related, that it was adopted by the State of Florida; that the Town Attorney is cleaning up the Pension Plan, that there were no changes in the benefits it complies with State law, so the Town can get State funding. He said other municipalities offer health benefits, this plan is okay.

Mrs. Marty Remark, 707 Atlantic St., spoke about Chapter 185 for the Police and Chapter 175 for the Firefighters. She then spoke about pre-employment screening, requiring physicals prior to employment.

Lt. Haran explained that pre-employment screening is done through the Florida Department of Law Enforcement.

Mr. Jay Gurecki, 406 6^th Ave, stated that he was not happy when he heard Melbourne Beach was at the low end for health insurance benefits provided to police officers.

The motion carried unanimously.

Mayor Stacey spoke about Vice Mayor Price being installed as President of the Space Coast League of Cities.

The next item on the agenda was the discussion and possible action regarding Resolution 2007-14 establishing policies and associated rental rates for the Old Town Hall History Center, as requested by Town Manager Bursick.

Town Attorney Gougelman read Resolution 2007-14 in title only.

A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, ESTABLISHING A POLICY FOR USE AND RENTAL OF OLD TOWN HALL HISTORY CENTER; SEDTTING FEES AND DEPOSITS; PROVIDING FOR WAIVER OF SAID FEES AND DEPOSITS; PROVIDING FOR CERTAIN PROCEDURES FOR USE AND RENTAL OF THE FACILITY; PROVIDING AN EFFECTIVE DATE, in title only.

Town Manager Bursick advised that the work of rehabilitating Old Town Hall is complete and ready to rent the facility. He stated he received suggested rates and policies from the History Center Board.

Vice Mayor Price made a motion to approve Resolution 2007-14, which was seconded by Commissioner Tennant.

Town Attorney Gougelman advised that the rental rates are the same, there are some organizations that will have their fees waived.

Town Manager Bursick advised that it would be on a case-by-case basis; that it would be a joint effort, the History Center Board would review and he will have the final say.

Mr. Jay Gurecki, 406 6^th Ave, spoke about liability issues and inquired as to who owns that building.

Town Manager Bursick advised that the building is owned by the Town, the land by the County and that it would fall under the same policy in place for the Community Center and Masny Room; that there would be a separate application which would outline insurance requirements, same as Community Center.

The next item on the agenda was the discussion and possible action regarding Resolution 2007-16 supporting the reauthorization of the Sadowski Affordable Housing Trust Fund, which was requested by Commissioner Guglietta.

Town Attorney Gougelman read Resolution 2007-16 in title only.

A RESOLUTION OF THE TOWN COMMISSION OF MELBOURNE BEACH, FLORIDA, SUPPORTING THE REAUTHORIZATION OF THE SADOWSKI AFFORDABLE HOUSING TRUST FUND; ELIMINATION OF THE CAP OF THE FLORIDA HOUSING TRUST FUND BEGINNING IN FISCAL YEAR FY 2008-2009 AND SUPPORTING FULL FUNDING FROM THE HOUSING TRUST FUNDS FOR HOUSING IN THE STATE FISCAL YEAR 2008-2009 BUDGET; AND PROVIDING FOR AN EFFECTIVE DATE, read in title only.

Vice Mayor Price made a motion to approve Resolution 2007-16, which was seconded by Commissioner Evans.

Commissioner Guglietta stated that the reason he asked for this to be put on the agenda is that the League of Cities requested all municipalities support the reauthorization of the Sadowski Affordable Housing Trust Fund. He advised that a portion of the doc stamp money goes into this fund for affordable housing.

Commissioner Guglietta advised that Tallahassee is seeking to eliminate the cap, move the money into another fund, and never put it back.

Vice Mayor Price stated that the Trust Fund is not only used to build houses, it offers an opportunity for Police, Firefighters and teachers to get a bond to buy a house, and it is a very important fund.

The motion carried unanimously.

The next item on the agenda was the discussion and possible action regarding Resolution 2007-17 amending Site Plan Review Fees, which was requested by Town Manager Bursick.

RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, AMENDING SITE PLAN REVIEW FEE SCHEDULE., in title only.

Town Manager Bursick advised that the Commission had adopted a resolution at their October 18, 2006 meeting; he stated that he had refined these fees further to recapture actual costs incurred by the Town, with the fee schedule having some substantial increases. He advised that the major increase was the site plan review fee from $500 to $1,000.

Town Manager Bursick advised that the variance process required a great deal of review. He said this was to recoup cost of services by the Town Attorney, Town Manager and Building Official, to recover our costs.

Ms. Trish Reimer, 607 Riverside Dr., spoke about the extraordinary expenses; that the Town in its sole discretion can charge for services, applicant required to pay all.

Town Manager Bursick advised that this provision was proposed and adopted by the Town Commission several months ago; from time to time there are going to be site plan reviews; that we may not have someone able to review and we would go out and get an engineer; this allows us the latitude to receive those services; the applicant would be given an estimate cost for those services.

Vice Mayor Price stated that the costs for the extraordinary expenses are for when we do not have anyone in-house; that the applicant would either agree to pay or withdraw.

There was a discussion regarding this procedure.

Mr. Tom Shaw, 406 Riverside Dr., stated that that was 100% increase in fees, a huge increase, this was arbitrarily put in here; the Town has already budgeted money for the Town Manager and Building Official. He advised that the Town should re-look at the idea of doubling of these fees.

Ms. Xochitl Ross, 1106 Atlantic St., stated that she agreed with Mr. Shaw, this is a large increase; she said, in her experience, there were two kinds of applications; simple, then some just keep coming back and forth, she stated, maybe if the Town had a lower basic rate and if an applicant bounces back and forth he would be charged more.

Town Manager Bursick advised that this was essentially actual cost of processing the application; that there were a number of times several reviews are involved. He said, sometimes delays are not the fault of the applicant; if we opted to a flat fee to cover majority of the cases, maybe a two-tier schedule would work.

There was a discussion regarding the charging of a flat fee, with recommendations to table this motion to clarify the justification.

Commissioner Guglietta made a motion to table this item, which was seconded by Vice Mayor Price. The motion carried unanimously.

The next item on the agenda was the discussion and possible action regarding Resolution 2007-19 amending the Building Permit Fees, which was requested by Town Manager Bursick.

Town Attorney Gougelman read Resolution No. 2007-19 in title only.

A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD

COUNTY, FLORIDA, AMENDING BUILDING PERMIT FEES SCHEDULE.

Town Manager Bursick advised that the Commission, at their November 15, 2006 meeting they adopted a resolution amending the building permit fee schedule. He said, at that time, a formula was adopted as the basis for calculating building permit fees for new residential, multi-family and commercial construction or additions. He advised that many permits are flat fees, this is used for smaller projects, such as fences, pools, electrical, etc. they are based on the average hourly rate; a roof permit requires substantially more inspections. This resolution amends the flat fee charged for applications where it has been determined that the current fee is insufficient to recover the cost of providing the associated service.

Vice Mayor Price made a motion to approve this Resolution, which was seconded by Commissioner Guglietta.

Mrs. Marty Remark, 707 Atlantic St., spoke about the fees for special inspections.

Building Official Whitelock stated that it was reserved for non-typical inspections, it will cover actual costs. He advised the minimum permit fee was $50.00.

The motion carried unanimously.

New Business

The first item was the discussion and possible action regarding a proposal to develop an Ocean Avenue Redevelopment Plan, as requested by Town Manager Bursick.

Town Manager Bursick advised that the October 17, 2007 Town Commission meeting, a discussion was conducted regarding the development of an Ocean Avenue Redevelopment Plan. As a result of this discussion, staff was directed to obtain an associated scope of services and develop an estimated budget for such work.

Town Manager Bursick stated that a basic scope of services accompanies this item. Three (3) primary elements are included in this proposal as follows:

1. Development of preliminary plans for the redevelopment of Ocean Avenue, including

façade treatments for buildings and an array of landscape and hardscape features.

2. Amendments to the Land Development Code as necessary for the implementation of the

Ocean Avenue Redevelopment Plan on private property.

3. Development of criteria for granting special exception uses and a list of allowable uses by

special exception.

Town Manager Bursick advised that the estimated cost of these services is $40,000. For this amount, we will obtain a very basic redevelopment plan which will help us to further objectives contained in the recently-adopted visioning plan. Full scale redevelopment plans can easily cost in the range of $200,000-$250,000. He advised that while the proposal the Commission is considering will not consist of the level of detail obtained through a more costly endeavor, it will provide adequate measures to help us retain the vision for Melbourne Beach.

Town Manager Bursick stated that, if the Commission approved this, he would develop an associated agreement and a tentative timeline for adoption of the work product. Should the Town Commission wish to proceed with this project, funds will need to be appropriated from the Fund Balance for the General Fund to pay for these services.

Town Manager Bursick advised that it would probably take four-six months to develop, with meetings during the evenings and one, possibly on the weekend.

Commissioner Evans made a motion to approve this proposal, which was seconded by Commissioner Guglietta.

Commissioner Guglietta advised that the Commission went through the original Ocean Avenue Redevelopment Plan, it was very complicated and the Town paid a lot of money for it. He stated that spending $40,000 right now is a lot of money, with the Town’s budget so tight, he asked if there was any way to spend less to implement.

Town Manager Bursick advised that there were more legal issues regarding the development of Ordinances to control setbacks and lot coverage issues, as compared to the development of architectural guidelines, this would not require a lot of money.

Commissioner Guglietta stated that while doing the Comprehensive Plan, people discussed what they would want in the Town.

Town Manager Bursick stated that they were not necessarily development issues with the Land Development Code.

Commissioner Evans stated that the citizens of the Town should guide development along the east end of Ocean Avenue. She stated the Town should have a plan as to how it should be developed.

Vice Mayor Price stated that what was being proposed for the Ocean Avenue Redevelopment Plan is to hire a consultant to develop a road map for the Town. The plan will show what kind of Ordinances will restrict the development of Ocean Avenue in a way the Town wants. He stated that the Town would steer the development when it comes in different from what the Town wants.

Commissioner Tennant asked the Town Attorney if the Town could tell the people that their property has to look a certain way; to what extent can we take the rights away.

Town Attorney Gougelman advised that there were some jurisdictions that do engage in architectural control; Coral Gables, Coral Springs. He said the more you get into architectural details, the problem is not so much whether you can do it, this is more geared toward what type of development you can have come in.

Town Attorney Gougelman asked did the Town have strong enough codes; what do you prohibit, what you permit.

Commissioner Tennant, stating that coming from the Board of Adjustment, a lot of it is already here in our Code.

Commissioner Evans advised that this is what we are asking, get this solid, we do not have enough strength in our code; she said she believes we have weaknesses.

Commissioner Guglietta stated the Town needed to identify its weaknesses, look at other municipalities, that $40,000 was a lot of money.

Vice Mayor Price spoke about the Town doing this themselves; putting together pieces that exist, that we could get what we really need from experts; possibly table this study it for awhile.

Commissioner Evans stated that this began some months ago; the Town should bring the old one back, remove the historic preservation portion, a great deal of time and money was spent on the old plan; she said, nothing has happened in almost a year, we can keep going around, not making any progress; we need to go forward. She advised that she was trying to assure that as things change in our business area it be compatible with the Town’s small town atmosphere.

Commissioner Evans stated that the longer the Town waits, the longer it will be for our Code to be where it needs to be.

Vice Mayor Price asked the Town Manager where the funds would come from.

Town Manager Bursick advised that funds would need to be appropriated, through a budget Ordinance, from the Fund Balance for the General Fund to pay for these services. He advised that he would put together a formal agreement, time line and budget ordinance.

Commissioner Tennant stated that the Town may want to look at this in two phases: 1- restrictions for Special Exception setbacks, 2- facades.

Commissioner Evans advised that the Town Manager has broken this into three separate sequences: Task I – Ocean Avenue Plan; Task II - Ocean Avenue Ordinances, Task III – Special Exception Uses and Criteria.

Ms. Xochitl Ross, 1106 Atlantic St., stated that this needed to be done, the main thing from the Board of Adjustment is that the codes are so old, they do not have meaning together. She said, should something happen to the businesses down the end of the business district, if you go by our Codes now, they would not be able to be built.

Ms. Ross explained that our codes are very vague; they made them so vague, easier to defend. If there is going to be a major change in our Town, it will be in the business district; she advised, do one little section at a time, start where the biggest changes are about to occur.

Vice Mayor Price stated that this was present in three different elements, just looking at it, item #3 Special Exception uses; he said, this is something coming at us really quick, it is here.

Town Manager Bursick stated that it was at the discretion of the Commission as to where to start.

Commissioner Guglietta stated that the Town needs to update the code, and needs to do something now, find weak points, and make them strong.

Town Attorney Gougelman advised that Ms. Ross hit on a point of re-affirmation, the Town adopted the zoning code in the 1970’s, the Comprehensive Plan in late 1980’s, by State Statute it requires the Town to go back to properly implement the Comprehensive Plan, the Town never did that, the Town is now getting ready to go through significant revisions to the Comp Plan, a time for reaffirmation of a Special Exception, one which may legally bind.

Commissioner Evans amended motion that the Commission authorize the Town Manager to develop and execute an agreement and proceed with items 2 & 3 with regard to the Land Development Code as necessary and development of criteria for Special Exceptions, which was seconded by Commissioner Guglietta. The motion carried unanimously.

The next item on the agenda was the discussion and possible action regarding amendments to the policies and procedures for the Town Commission, which was requested by Town Manager Bursick.

Town Manager Bursick advised that he placed this item on the agenda for discussion since we amended the policies and procedures in August, now on to see if any other changes the Commission proposes before we put together a formal resolution, he asked that the Commission look at it for another month to see if any additional changes. The Commission will study it and make their requested changes.

Mayor Stacey passed the gavel to Vice Mayor Price.

Mayor Stacey spoke about the Town Clerk, Lenore Milan, proposing a 3% increase in salary, $1,200, for the hard work she does, she is worthy, which was seconded by Commissioner Tennant. Mayor Stacey advised that it went into effect this pay period. The motion carried unanimously.