Town Commission
Regular
Meeting Minutes - Revised
The Town Commission of the Town of Melbourne Beach, Florida,
met in regular session on
***
In attendance were Mayor
Mayor
Stacey called the meeting to order and offered the invocation. The entire assembly recited the Pledge of
Allegiance to the Flag.
Town Clerk
Boards and Committees
The first item was a report from Historical
Preservation & Awareness Board Chairperson
Mrs. Remark advised that these funds were paying the bills
for the Ryckman House renovations. She
stated that they received so much help from the Fire Department, Sara Tennant
who served the breakfasts, and that they had a good turnout.
Mrs. Remark advised that the Building Official was here this
weekend working on the Ryckman House.
Building Official Whitelock stated that they would begin
painting the exterior of the house the first of the week, depending on the
weather.
Mayor Stacey thanked the Historical Preservation and
Awareness Board, Building Official Whitelock, and everyone else who has helped
renovate the Ryckman House.
Mrs. Downing,
Mrs. Downing advised that there have been several people
sitting for 35 minutes listening to the voice of Don Beaujeans with great
interest. She then informed that next
month there will be an exhibit on Oak Lodge, the first Hotel in Town; that
scientists came by boat to stay there, it is a very interesting part of history
of the Town.
Mrs. Downing stated that the Board is planning something for
Founders Day.
Mayor Stacey gave Mrs. Downing the telephone number of Pam
Gillespie, Deputy District Director for Dave Weldon, to ask about receiving a
flag that once flew over the Capitol.
Mr. Frank Thomas,
Mr. Thomas spoke about the air conditioning unit in the
Town Manager Bursick advised that the History Center Board
were receiving quotes, and trying to get a unit free.
Mrs. Remark advised that a historic marker was stored in a
garage, it was put away while work was being done on the Ryckman House.
The next item was the reappointment of Joseph
Tracy to the Historical Preservation and Awareness Board for a one-year term
ending
Vice Mayor Price made a motion to re-appoint Joseph Tracy to
the Historical Preservation and Awareness Board, which was seconded by
Commissioner Tennant. The motion carried
unanimously.
The next item was to
appoint members to the Auditor Selection Committee.
Town Manager Bursick
advised that this is a process the Town goes through every three years, solicit
applications for the Committee; that we have three from last year, we now have received
one from Norman Barnes and he recommended the Commission appoint
Vice Mayor Price
asked if there was any reason why a member of the Commission could not be on
that committee.
Town Attorney
Gougelman advised that it could be considered as dual office holding.
Town Manager Bursick
advised that at the last Commission meeting, the Commission re-appointed three
members; that this would fill out the five slots necessary. He stated that the Committee would seek
proposals, review and come to the Town Commission for their approval.
Commissioner Evans made a motion to approve the appointments,
which were seconded by Vice Mayor Price.
The motion carried unanimously.
Consent Agenda
Approval of Minutes:
Special Events
i.
23rd Annual Rotary
Pineapple Man Triathlon requested by Don Riordan, Jr. on
ii.
Founders Day on
Vice Mayor Price made
a motion to approve the Consent Agenda, which was seconded by Commissioner
Tennant. The motion carried unanimously.
Non-Scheduled
Citizens Comments
Mr.
Mr. Saunders stated that he was advised that he was required
to put in a concrete wall between his commercial property and the residential
property, that a small business to pay $20,000-$25,000 for a wall is a
hardship; that the Commission has to re-visit this Ordinance. He advised that he could understand that it
be required for new construction, and that he understood the Town’s intention.
Town Manager Bursick advised that the Commission adopted a comprehensive
amendment to the walls and fences Ordinance in August 2007. He said there were citizens’ concerns, so it
was sent back to the Planning and Zoning Board for their
Vice Mayor Price stated that he recalled at that meeting, it
was agreed that the Town would give some consideration to the life expectancies
of existing walls and fences.
Building Official Whitelock stated that in the 6B
Residential Zone, he was under the direction of the Town Commission in January,
enforcing the Code in the book. He
advised that the
Commissioner Evans advised that what may not be made clear
is that the Ordinance was in existence for a number of years; it has been
there, just not enforced. She stated
that some language was vague; they cleaned it up so they didn’t have a choice
of a wall or fence; it doesn’t change our Code, just cleaned up the language.
Vice Mayor Price stated we cleaned it up in a way that would
not penalize people who already had fences that are still serviceable.
Commissioner Evans stated it was not to put a burden on
them, but to give them some time.
Mr. Saunders stated that the original Code did allow for
vinyl and fences, now they are not allowed, we will be blocking off neighbors’
breezes. He said this includes all
condominiums on A1A, he requested they revisit it.
Public Hearing
The next item was the second reading of Ordinance
2008-02 amending the Coastal Construction Line, as requested by Town Manager
Bursick. This Ordinance was advertised
on
Town
Attorney Gougelman read Ordinance 2008-02 for second reading, in title only.
AN ORDINANCE OF THE TOWN OF
MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, RELATING TO THE TOWN COASTAL SETBACK
LINE; MAKING FINDINGS; AMENDING SECTION 5A-2, LAND DEVELOPMENT CODE, APPENDIX
A, TOWN CODE OF THE TOWN OF MELBOURNE BEACH, FLORIDA; AMENDING THE DESCRIPTION
AND LOCATION OF THE TOWN COASTAL SETBACK LINE; PROVIDING FOR SEVERABILITY AND
INTERPRETATION; PROVIDING FOR THE REPEAL OF INCONSISTENT RESOLUTIONS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Guglietta made a motion to approve
Ordinance 2008-02 for second reading, which was seconded by Commissioner Evans. The motion carried unanimously.
The next
item on the agenda is the second reading of Ordinance 2008-03 Amending Building
Code References, as requested by Town Manager Bursick. This Ordinance was advertised on
Town
Attorney Gougelman read Ordinance 2008-03 for second reading, in title only.
AN ORDINANCE OF THE TOWN OF
MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, RELATING TO BUILDING AND
CONSTRUCTION-RELATED CODES; MAKING FINDINGS; AMENDING CHAPTER 4A, APPENDIX A,
MELBOURNE BEACH CODE OF ORDINANCES; REPEALING SECTION 4A-3, RELATING
CERTIFICATES OF COMPETENCY AND INSURANCE REQUIREMENTS; AMENDING SECTION 4A-20,
DELETING REFERENCES TO THE SOUTHERN STANDARD BUILDING CODE AND ADOPTING THE
FLORIDA BUILDING CODE AND THE FLORIDA RESIDENTIAL BUILDING CODE; REPEALING
SECTIONS 4A-21, 4A-22, 4A-23, 4A-24, 4A-25, RELATING TO THE SOUTHERN STANDARD
BUILDING CODE APPENDICES, ACCESS BY HANDICAPPED PERSONS, MANUFACTURED
BUILDINGS, THERMAL EFFICIENCY STANDARDS, AND REPEALING THE SWIMMING POOL CODE;
CREATING SECTION 4A-26 ADOPTING THE FLORIDA EXISTING BUILDING CODE; AMENDING
SECTION 4A-35 RELATING TO APPROVAL BY THE DIVISION OF HOTELS AND RESTAURANTS
FOR CERTAIN PUBLIC LODGING AND FOOD SERVICE ESTABLISHMENTS; REPEALING SECTION
4A-36 RELATING TO EXTENSION AND EXPIRATION OF BUILDING PERMITS; AMENDING
SECTION 4A-37 DELETING REFERENCES TO REPEALED SECTION 4A-3; AMENDING SECTION
4A-50 MODIFYING THE CURRENTLY EFFECTIVE ELECTRICAL CODE; REPEALING SECTIONS
4A-51 AND 4A-52 RELATING ELECTRICAL CODE APPENDICES AND ELECTRIC RACEWAYS;
REPEALING SECTION 4A-60 RELATING TO THE FLORIDA EXISTING BUILDING CODE, 1988
EDITION; AMENDING SECTION 4A-63 RELATING TO THE 1985 UNSAFE BUILDING ABATEMENT
CODE BY REVISING REFERENCES TO THE BUILDING CODE; AMENDING SECTION 4A-65
DELETING THE SOUTHERN STANDARD PLUMBING CODE AND ADOPTING THE FLORIDA PLUMBING
CODE; REPEALING SECTIONS 4A-66, 4A-67, AND 4A-68 ADOPTING APPENDICES TO THE
SOUTHERN STANDARD PLUMBING CODE, PLUMBING OFFICIAL DUTIES, AND CHECKING OF
PLANS AND SPECIFICATIONS BY PLUMBING OFFICIAL; REPEALING SECTIONS 4A-69, 4A-70,
AND 4A-71 RELATING TO ALTERNATE MATERIALS AND METHODS, STOP WORK ORDERS, AND
PLUMBING PERMITS; AMENDING SECTION 4A-81, DELETING REFERENCES TO THE STANDARD
MECHANICAL CODE AND ADOPTING THE FLORIDA MECHANICAL CODE; REPEALING SECTION
4A-82 RELATING TO APPENDICES TO THE STANDARD MECHANICAL CODE; AMENDING SECTION
4A-83, DELETING REFERENCES TO THE STANDARD GAS CODE AND ADOPTING THE FLORIDA
FUEL GAS CODE; REPEALING SECTION 4A-84 RELATING TO APPENDICES TO THE STANDARD
GAS CODE; REVISING SECTION 4A-83 DELETING REFERENCES TO THE 1997 EDITION OF THE
STANDARD GAS CODE AND ADOPTING BY REFERENCE THE FLORIDA FUEL GAS CODE;
REPEALING SECTION 4A-84 RELATING TO APPENDICES OF THE SOUTHERN STANDARD GAS
CODE; AMENDING SECTION 4A-94(a) ADOPTING ADDITIONAL STANDARDS REQUIRED FOR
CONSTRUCTION REQUIREMENT IN SPECIAL FLOOD HAZARD AREAS; REVISING SECTION
4A-123(a) RELATING TO STRUCTURAL STANDARDS UNDER THE COASTAL CONSTRUCTION CODE;
REPEALING SECTIONS 4A-141 AND 4A-142, RELATING TO THE BUILDING OFFICIAL SERVING
EX OFFICIO AS THE ELECTRICAL
INSPECTOR AND THE PLUMBING INSPECTOR AND TO PENALTIES; AMENDING SECTION 4A-145
RELATING TO THE REQUIREMENT OF A
BUILDING PERMIT AND WITH REGARD TO EXPIRATION THEREOF; REPEALING
SECTIONS 4A-146 AND 4A-147 RELATING TO CERTIFICATES OF OCCUPANCY AND REQUIRING
COMPLIANCE WITH THE SOUTHERN STANDARD BUILDING CODE; PROVIDING FOR SEVERABILITY
AND INTERPRETATION; PROVIDING FOR THE REPEAL OF INCONSISTENT RESOLUTIONS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Price made a motion to approve Ordinance
2008-03 for second reading, which was seconded by Commissioner Evans.
Mrs.
Building
Official Whitelock advised that the issuance of a Certificate of Occupancy is covered
by the Florida Building Codes, that
everything being deleted was based on old Southern
Building Codes. He stated that this
should have been done years ago, and it will all be contained in the Florida Building Codes.
Vice
Mayor Price stated that as a result of the State mandated changes, we are
adopting the
Building
Official Whitelock advised that the Florida
Building Codes are on-line.
The motion carried unanimously.
The
next item on the agenda was the first reading of Ordinance 2008-04 relating to
Stormwater, amending Chapter 27 of the Code adding Article II, Sections 27-20
through 27-38 relating to illegal and illicit discharges and connections, as
requested by Town Manager Bursick.
Town
Attorney Gougelman read Ordinance 2008-04 in title only.
AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA,
REALTING TO STORMWATER; MAKING FINDINGS; AMENDING CHAPTER 27 OF THE TOWN CODE
OF ORDINANCES; ADDING ARTICLE II, SECTIONS 27-20 THROUGH 27-36 RELATING TO
ILLEGAL AND ILLICIT DISCHARGES AND CONNECTIONS; PROVIDING A SHORT TITLE,
OBJECTIVES, AND DEFINITIONS; PROVIDING FOR APPLICABILITY AND COMPATIBILITY WITH
OTHER REGULATIONS; PROVIDING FOR SEVERABILITY AND ULTIMATE RESPONSIBILITY;
REQUIRING CONTROL OF POLLUTANT CONTRIBUTIONS FROM INTERCONNECTED MUNICIPAL
SEPARATE STORM SEWER SYSTEMS; SETTING FORTH PROHIBITIONS; REGULATING STORMWATER
DISCHARGES FROM COMMERCIAL, INDUSTRIAL, OR CONSTRUCTION ACTIVITIES TO THE
MUNICIPAL SEPARATE STORM SEWER SYSTEM OR REGULATED WATERS; SETTING FORTH
AUTHORIZED EXEMPTIONS AND EMERGENCY CONDITIONS; REQUIRING INSPECTION AND
MONITORING FOR COMPLIANCE; PROVIDING REPORTING REQUIREMENTS; PROVIDING FOR VIOLATION,
ENFORCEMENT, AND ASSESSMENT OF A PENALTY; PROVIDING A SCHEDULE OF PENALTIES AND
PROVIDING FOR THE USE OF PENALTY AWARDS; PROVIDING FOR INTERPRETATION; AND PROVIDING AN EFFECTIVE
DATE.
Commissioner Guglietta made a motion
to approve for first reading Ordinance 2008-04, which was seconded by
Commissioner Evans. The motion carried
unanimously.
Commissioner
Guglietta stated that this Ordinance would bring the Town up-to-date; that the
prohibited use fines are quite expensive.
Vice Mayor
Price advised a recent newspaper article stated that pharmaceuticals are in our
drinking water, and that prescription drugs are being disposed of in an unsafe
manner. He said we need to advise our
citizens how to handle and dispose of unwanted, expired drugs.
Town Manager
Bursick stated that this was appropriate, and he would contact Waste
Management.
Mrs.
Mrs.
There was a
discussion regarding the need to inform and educate the citizens of the Town.
Commissioner
Tennant spoke about the Ordinance requiring inspection and monitoring for
compliance.
Town
Manager Bursick advised that a Town-wide inspection, that Building Official
Whitelock is always around Town; and with the assistance of the Police
Department and the Public Works using a team approach, they would be trained as
to what to look for. He advised that he
has already discussed this with staff.
Town
Manager Bursick stated that the Town had to report to NPDES, it is actually a
requirement and they have to make sure the Town is in compliance.
Town
Attorney Gougelman advised that the key is there is illicit discharge reported
to the DEP, Health Department and Brevard County Public Safety.
Commissioner
Tennant spoke about the generation of additional paperwork for staff due to the
inspections involved, and the monitoring of constant flushing of lawn clippings
into the drains. He stated that this
would have an impact on Town staff.
The motion carried unanimously.
The next item is the discussion and
possible action regarding Resolution 2008-08 authorizing the Town Manager in
coordination with the Fire Chief to submit a grant proposal application of up
to $50,000 to the Department of Homeland Security 2008 Assistance to
Firefighters Grant as requested by Town Manager Bursick.
Town
Attorney Gougelman read Resolution 2008-08 in title only.
A RESOLUTION OF THE TOWN OF
MANAGER IN COORDINATION WITH THE FIRE CHIEF TO
SUBMIT A GRANT PROPOSAL APPLICATION IN THE AMOUNT
OF UP TO $50,000 TO THE DEPARTMENT OF HOMELAND SECURITY 2008
ASSISTANCE TO FIREFIGHTERS GRANT, APPROVING THE APPLICATION; THE ACCEPTANCE OF
THE MBVFD, INC OFFER TO PROVIDE THE
REQUIRED 5% MATCHING FUNDS IF PROJECT IS FUNDED; AND PROVIDING FOR AN EFFECTIVE
DATE.
Vice Mayor Price made a motion to
approve Resolution 2008-08, which was seconded by Commissioner Tennant.
Chief
Stark advised that this is for a Fitness Program for the Firefighters.
The motion carried unanimously.
New Business
Discussion and possible action
regarding the adoption of the Stormwater Master Plan Update as prepared by
Jones Edmunds & Associates and development of a strategy for financing
stormwater improvements and a street resurfacing program.
Town
Manager Bursick advised that this item is a follow-up to the workshop where the
Commission was presented with the Stormwater Master Plan Update, showing
nineteen Stormwater improvement projects.
He stated that the total would be $8.4 million.
Town
Manager Bursick stated that approximately $1.6 million was needed for street
re-surfacing of all streets, providing for a total requirement of $10 million.
Town
Manager Bursick stated that he recommended the Commission adopt the Stormwater
master Plan Update; that it would serve as a guide for the Town as they proceed
through the years, it is a flexible or living document, to be changed depending
on the needs and the funds of the Town.
Town
Manager Bursick advised that his second recommendation would be for the
Commission to determine at what expenditure level they feel would be most
appropriate for the Town. He stated that
the total street re-surfacing cost is $1.6 million or $100,000 per mile, since
there are 16 streets in Town, with a portion relating to
Town
Manager Bursick stated that $1.65 million represent projects for the Oak Street
Pedway and Hazard Mitigation, making the total requirement $6 million, with
$2.4 for priority or critical projects.
He said there are systems failing that need to be addressed, that grant
money is available for water quality projects.
He advised the Commission that they needed to identify projects that
need to be addressed and identify funding for those projects.
Town
Manager Bursick spoke about the Stormwater Utility Fee. The current rate is $36 per year for each
residential unit. If the Town focused on the $2.4 million for priority
projects, and increased the Stormwater Utility Fee by three times, the funds
could be used to pay some of the direct costs, debt service, or to provide
grant matching funds.
Town
Manager Bursick advised that his third recommendation was requesting
authorization to obtain proposals to review the Town’s Stormwater Utility Fee;
if this is the direction the Commission wanted now to get rates in place by
October 2008, and to the Property Appraiser’s Office by
Town
Manager Bursick stated that his fourth recommendation was for providing funds
for street resurfacing, that Town may want to utilize the pay as we go method. He advised that the Town has not resurfaced
streets in recent years, some are not in bad condition, and some are in need of
resurfacing. This would require an
annual levy by the Town each year to increase the General Fund operating
millage rate which would be dedicated to street paving. The Town would look at it on a case by case
basis, allocate some millage rate funds for streets at a consistent level so
people will know what to expect in their tax bill.
Vice
Mayor Price stated that the Stormwater Master Plan was reviewed at a workshop,
the Commission became familiar, realizing the Stormwater repairs and
improvements be separate from what we need for the roads, which is
approximately $1.6 million, with a total of $10 million after certain
reductions of approximately $2 million.
Town
Manager Bursick advised yes.
Vice
Mayor Price advised that the Commission think in terms as to how we are going
to finance that, authorize an analysis of the Stormwater Utility Fee for
recommendations what we might use to consider to adjust that fee, he said the
Town Manager was seeking authorization.
Vice Mayor Price motioned to authorize
the Town Manager to arrange for an analysis of the Stormwater Utility Fee, as
presented, which was seconded by Commissioner Tennant. The motion carried unanimously.
Vice
Mayor Price stated, further, that the authorization is for the Town Manager to
pursue an agreement to analyze existing fees for Stormwater control management
and make a recommendation to the Commission.
Vice Mayor Price made a motion to
authorize the Town Manager to prepare a recommendation with a proposed
agreement from a firm who will analyze our existing fee structure with
recommendations, which was seconded by Commissioner Evans. The motion carried unanimously.
Vice
Mayor Price asked the Town Manager, have we now provided him with what he
needed?
Town
Manager Bursick advised that part of the study would be to determine what level
of expenditures the Town feels it needs to address. He said Stormwater fees are not assigned in
operating costs historically they are used for repairs.
Commissioner
Guglietta advised the Town Manager to come back with proposals, and that those
funds would get used for that purpose, not anything else.
Commissioner
Tennant asked where the Stormwater Utility Fee is in the Town’s Budget. He was advised by the Town Manager that it
is included on the tax bill assessment as a separate line item, that $53,000 is
collected each year.
There
was a discussion regarding Equivalent Residential Units (ERU’s), that they were
calculated separately, residential, one ERU, condominiums calculated
differently, commercial also calculated with a different formula.
Commissioner
Evans asked the Town Manager if he wanted to discuss item #4, street
resurfacing now.
Town
Manager Bursick advised that it would be discussed at the budget workshops, it
is the reason why he recommended Stormwater Utility Fees to pay, directly
correlated to the Stormwater Utility Fee primary funding source. He advised that a $2 million bond was not
advantageous, that $8 million would, but would be hard to convince the public
that it was a necessity at this time.
Reports
Town
Attorney Gougelman advised that he had nothing to report at this time.
Town Manager Bursick gave the financial
report for first five months or 42%, with the General Revenue Fund Revenue at
$1,235,646 or 62%; he advised that the Ad Valorem Property Tax revenue was $830,789. He stated that expenses were $922,665 or 46%. He advised that the reason for being high was
debt service payments transferring from the General Fund early in the year and
payment of fire trucks.
Town Manager Bursick spoke about the
Commission approving a workshop on
Town Manager Bursick advised that the
Police Chief and his Officers are attending the Officers of the Year Awards
Dinner, that the Police Chief would make a presentation at the next Commission
meeting.
Town Manager Bursick informed the
Commission that nominations for the Citizen and Junior Citizen of the Year were
needed.
Town Manager Bursick thanked Building
Official
Commissioner Tennant advised that our
Town Attorney,
Commissioner Tennant expressed his
thanks and appreciation to Don Riordan and the Rotary Club for their donations
and support, stating they were putting this Town on the map.
Commissioner Tennant spoke about his
meeting with the Environmental Advisory Board regarding renewable energy;
advising that there are a lot of people interested in getting things started.
Commissioner Guglietta thanked the Town
Manager for his copy of the 2004 draft Fire Department agreement, and asked
when he anticipated the new draft.
Town Manager Bursick advised that he
met with the Town Attorney this evening; that he would meet individually with
each Commissioner to discuss what direction the Commission wants to go.
Commissioner Guglietta spoke about his
attendance at the MPO meeting, discussing concept development and evaluation of
new highways east to west, with a 2025 implementation date; that this would be
in conjunction with the Atlanta Expressway.
Commissioner Guglietta stated that new
roadways are going to be constructed, that toll roads have been suspended, that
tolls are a money-maker, with resistance to have any more of these, but may be
another way to finance these roads. He advised
that he was going to
Commissioner Evans advised that she had
noting to report at this time.
Vice Mayor Price advised that he
attended the Pancake Breakfast, which was very nice and well-attended, a fun
day and a good hearty breakfast. He
stated that he was also attending the Legislative Action Day to talk to some of
the Town’s State representatives about concerns of our Town and other
municipalities as to how we are going to fund local governments in the future, and
that State mandated tax cuts are having an adverse effect on the Town’s budget. And that we are now being advised that more
cuts are anticipated by the State. He
said there is little consideration for the people who live in this community, a
direct assault on Home Rule and the ability of local governments to operate the
way local citizens want us to operate.
The State is telling us that we as local elected officials will not be
allowed to decide how to fund the needs of our Town.
Vice Mayor Price spoke about the cruise
industry being allowed to dump raw sewage into the Ocean, especially a few miles
off the coast; he said we chose to live here because of our beautiful paradise
that is
Vice Mayor Price stated that the State
is providing a band aid approach; if they are going to pass laws in
Mayor Stacey thanked Vice Mayor
Price. He advised that he had the honor
of participating in Mayors Meals on Wheels, where he personally delivered meals
to people in the Town of Melbourne Beach, a very worthy cause.
The meeting duly adjourned at
________________________
William G. Stacey, Mayor
ATTEST:
____________________________
Lenore R. Milan, CMC, Town Clerk