Town Commission

Regular Meeting Minutes

April 16, 2008

The Town Commission of the Town of Melbourne Beach, Florida, met in regular session on Wednesday, April 16, 2008, 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.

Town Clerk Milan performed the roll call of the Commission.

PROCLAMATIONS AND AWARDS

Mayor Stacey presented Town Clerk Lenore Milan with a proclamation, proclaiming May 4^th through May 10^th as Municipal Clerks Week in the Town of Melbourne Beach. He announced to the audience that Ms. Milan will be leaving the Town and will be missed.

PRESENTATION BY SPECIAL GUESTS

Police Chief Ron Krueger presented Sergeant Rick Dovale and Corporal Melanie Griswold to the Commission and audience, acknowledging that they have been selected as Officers of the Year for their bravery in saving a man from his house fire and also preventing the fire from spreading to his neighbor’s homes. The Commission congratulated them and thanked them both for their brave work.

Boards and Committees

The first item was a report from Historical Preservation & Awareness Board Chairperson Marty Remark. Mrs. Remark spoke about the third Pancake Breakfast fundraiser held on April 12, 2008, which had less attendance than the last two, possibly due to spring break, but they still did well. She thanked all the volunteers.

Mrs. Remark advised that the Fire Department has borrowed rockers and she has some rugs to be placed on the Ryckman House porch for Founders Day. The front door of the house will also be open, but no one will be allowed to enter the house. She advised that the Ryckman House exterior was painted last weekend by volunteers, among them included our Building Official Bill and his wife Joyce, Board of Adjustment Chairman Robert Schaefer and Commissioner Evans. She thanked them all for their hard work.

Mrs. Remark advised that she has started working on a grant for $10,000, and spoke about a possible on-going fundraiser of selling bricks with people’s names on them to be used as planters around the Ryckman House. She spoke about the old cistern and the possibility of moving it so it could be introduced to the community.

Mayor Stacey thanked all those volunteers and Board members. He then spoke about parking meters as a means for raising funds.

Mayor Stacey called for a ten minute recess to make certain the meeting was being recorded.

Mayor Stacey called the meeting back to order.

Mrs. Ann Downing, 801 Pine St., representing the History Center Board, advised that the History Center is open every Saturday. They have the continued support of Public Works Supervisor Larry Hosmer, and he is there to resolve any problem they have. He should be commended for his hard work.

Mrs. Downing spoke about the upcoming monthly exhibits, with the Oak Lodge being presented this month. Next month will be Gemini students’ art exhibits, followed by the Surfing Hall of Fame, and then an exhibit from Indialantic’s Fire Department.

Mrs. Downing advised that the air conditioning unit has been replaced for free by Weather Engineers.

There were no changes to the agenda.

Consent Agenda

Approval of Minutes: March 19, 2008 Regular Meeting and March 5, 2008 Special Call Meeting and March 5, 2008 and March 29, 2008 Workshops.

Special Events:

Surfing Contests sponsored by the National Scholastic Surfing

Association on July 26 and 27, 2008.

Skate Contest and Concert sponsored Catalyst Surf Shop on

May 3, 2008 – Founders Day

Confirmation of Citizen and Junior Citizen of the Year Selections

Approval of Letter to the Brevard County Board of County Commissioners

regarding the implementation of an Ordinance for Countywide Beer Keg

Registration.

Authorization for the Town Manager to enter into a lease agreement with

Ikon for Copy Machine Services

Site Plan Approval for 2051 Atlantic Street – Breakers East Tennis Courts

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

Commissioner Guglietta advised that he had the pleasure to serve on the Citizen and Junior Citizen of the Year Committees, as the Commission’s liaison. He stated that the Committees had a difficult time making their selections from the great nominations presented. He thanked those who served.

Non-Scheduled Citizens Comments

Mr. Frank Thomas, 606 Atlantic St., spoke about the timeline with regard to the Ryckman House. He criticized the manner in which the house has been handled through the years.

Mayor Stacey spoke about the possibility of selling commemorative stamps for Founders Day.

Ms. Kim Rezanka, Dean Mead, 8240 Devereux Drive, Suite 100, Viera, FL 32940, representing Florida Property Investment Partners, Inc., with regard to 904 Oak Street, 406 and 408 Ocean Avenue properties requested that the Planning and Zoning Board review the Code, Article 4 7A-50(d)(1), as it pertains to off-street loading zones requiring four loading zones to be changed to require only one. She stated that the applicant originally thought a variance would be the quicker way to go; now they are seeking a change in the Code, reducing the number of loading zones required based upon the Building Official’s approval.

Mr. John Fritz, 1950 Atlantic St., spoke about the area at the end of Ocean Avenue, where the American Flag is located, that there are dump trucks, cement mixers and other large trucks there, not good for the dunes, it should be for cars only.

Town Manager Bursick advised that he would look into it.

Ms. Susie Daley, 503 Shannon Ave., asked about the Planning and Zoning Board, what would be involved to change a zoning issue, how the process worked.

Town Manager Bursick advised that the Town Commission directs staff to present an issue to the Planning and Zoning Board. The Planning and Zoning Board discusses it in concept before an Ordinance is prepared, the Ordinance would be advertised, then placed on the Planning and Zoning agenda to recommend approval or denial to the Town Commission. The Town Commission would have two public hearings, with second public hearing advertised.

Town Manager Bursick stated that the Planning and Zoning advertisement is placed fifteen days prior and the Town Commission’s second reading would be advertised 10 days prior. It normally takes several months for the Planning and Zoning Board to make their recommendation.

Ms. Susan Dieterle, 531 Sunset Dr., advised that she was very disturbed with the negativity. She said the Ryckman House has not looked so good in the last 25 years. Mrs. Remark should be given the credit she deserves.

Public Hearing

The next item was the second 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, RELATING 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.

Vice Mayor Price a motion to approve for second reading Ordinance 2008-04, which was seconded by Commissioner Evans.

Mayor Stacey opened it to the general public. There being no discussion, it was closed to the general public.

The motion carried unanimously.

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New Business

The next item on the agenda was the discussion and possible action regarding the Parks Board Members, which was requested by Mayor Stacey.

Mayor Stacey advised that the Parks Board presently has five members and one alternate member, but that they were in need of a leader. Mayor Stacey asked if Donnie Price, Jr. would be willing, once again, to chair that Board.

Mayor Stacey spoke about Cindy Schuster, the former Parks Board Chairperson.

Vice Mayor Price stated that the Town was in need of volunteers, more residents to participate, the need for more volunteers for all the committees, that volunteerism is very important for the Town.

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The next item on the agenda was the discussion and possible action regarding creation of an Alternative Energy Source Sub-Committee to the Environmental Advisory Board, as requested by Town Manager Bursick.

Town Manager Bursick advised that at the last Environmental Advisory Board meeting, the use of alternative energy sources was discussed and the creation of a sub-committee to evaluate the potential benefits for the Town of Melbourne Beach.

Vice Mayor Price made a motion to approve the establishment of a sub-committee for alternative energy sources, which was seconded by Commission Guglietta.

Commissioner Guglietta advised that our State Capitol was the first building to go all green, all trucks, vehicles, everything was changed, every light bulb, it is totally environmentally safe.

Vice Mayor Price stated that today, in our lifetime, energy conservation has a serious impact on all of our lives, with issues like gasoline prices. We should consider saving energy whenever we can with energy efficient appliances. There are costs to be cut in our own homes. We are looking for volunteers for this committee to assist the Town to find ways to save energy.

Commissioner Tennant advised that there are many citizens who expressed tremendous interest in this sub-committee, with a great deal of motivation.

The motion carried unanimously.

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The next item on the agenda was the discussion and possible action on Budget strategies for Fiscal Year 2009, as requested by Town Manager Bursick.

Mayor Stacey stated that the Town doesn’t know the entire picture, until the State Legislative Session ends.

Town Manager Bursick advised that June 1, 2008 the Property Appraiser’s Office will be sending the property tax notices out.

Vice Mayor Price commended Town Manager Bursick for his magnificent document, that he presented a great deal of information and options; that there is an unknown factor, the State Legislature in Tallahassee enacts unfunded mandates on us, establish regulations, placing caps on our ability to ask the citizens of our Town to fund services they want; he said we are getting the squeeze from Tallahassee.

Vice Mayor Price stated that the Commission must go into our budgeting process, the Town Manager has given the Commission a tremendous amount of information, and he thanked the Manager.

Commissioner Guglietta advised that the Commission gave guidance to the Town Manager at our Workshop and he came back with his recommendations and options for the Commission to review. He thanked the Town Manager.

Commissioner Guglietta stated that should Tallahassee put restrictions and caps on municipalities, it is going to be tough; there already is the additional $25,000 homestead exemption. He said Tallahassee feels that one size fits all and it doesn’t work. The Town has a $1.9 million budget; we now have a good document in hand to begin discussions. The public will have to be kept informed, he said, they need to know why we are doing what we do.

Commissioner Evans advised that the Town has no choice; the Commission has to make increases, we cannot maintain same revenues to provide services or look to the future. She stated that the people in this community want to maintain a certain level of services; the community does not want to see the Commission reduce police forces, office staff or public works. The Commission will be up front with our residents, we must increase revenue in order to keep our services.

Town Manager Bursick stated that the Town is looking at a deficit of $150,000-$250,000. He advised that the Town will not know everything until the State Legislative Session is complete.

Vice Mayor Price advised that the Town is facing shortfalls, inflation now rearing its ugly head; items we bought six months to a year ago, everything is now going to cost more. He said, in a time when the Town has less money, income is declining, costs are rising; a very serious situation, the Town Commission will make decisions with the assistance of the Town residents.

Town Manager Bursick advised that it was incumbent for the Commission to address a couple of issues now.

Town Manager Bursick stated that with regard to the Stormwater/Street Resurfacing, the Commission needs to discuss pursuing a voted debt millage of up to 1 mill. He said if that is the action the Commission wants to consider, we need to educate our citizens and residents and prepare the necessary documents for the election.

Commissioner Evans advised that the potential 1 mill for the Stormwater Master Plan funds could only go to those projects, could not go anywhere else.

Commissioner Tennant asked what this increase would cost a resident. He was advised $100 per $100,000 of the value of their property.

Commissioner Evans advised that the Town was ten years behind implementing this; that the Town will be required to implement it to meet their deadline for everyone to know at the end of the year. She stated that this will carry the Town for the next 10-15 years.

Commissioner Guglietta advised that this will be a dedicated fund, so another Town Commission could not take it and spend it as they see fit, it would be just for Stormwater.

Commissioner Tennant asked if the Town would be taking this money all at once, or take it as the Town needed it.

Town Manager Bursick advised that if the Town could do it, not taxable. He stated that these eight projects are not large projects, doable projects, the street resurfacing the Town could piggyback with another city, and they are pretty straightforward.

Mr. Steve Walters, 416 6^th Ave, stated that he couldn’t believe his ears, a 51% tax cut; the Commission wants to increase 40% on the taxes, now increase the utility tax. He advised that money for repaving streets and repairing storm drains was used to hire another Public Works Director.

Mr. Walters stated that the Commission needed to prepare the citizens for three tax raises; he said, in seven years the Town has not paved a road. He said he didn’t think his taxes were high before the Commission raises three times and then waste it.

Vice Mayor Price advised that this Town has the most frugal operation; that every property owner is facing a 40% increase in property taxes.

Mrs. Susie Daley, 503 Shannon Ave., stated that there were many things happening in this Town over the years, but they do not belong in these meetings, the projects of this Town are important, the Commission needs to move forward. She said 59% voted for the property tax relief amendment.

Mrs. Daley advised that the Commission to look at the effect, make an educated decision, and make certain the correct facts get to the residents so they can make an educated decision, as well. It is a small amount to have the services that we have in this beautiful community.

Mrs. Joanna Mosher, 510 Andrews Dr., advised that she has lived in Town 35 years that her taxes have not gone up. She said she was pleased with the many services the Town provides, she is very happy, the Town does a good job.

Mr. Frank Thomas, 606 Atlantic St., advised that he was a very positive person. He then spoke about the contributions made to the Ryckman House.

Town Manager Bursick advised that next year’s budget would have a $150,000-$250,000 shortfall in order to meet a portion of General Fund expenditures. He said it would be more effective to increase the public service tax from 6.65% to 9.5%, which would generate an additional $93,000 for the Town. He stated that this would need to be done now since there will be two readings of the associated Ordinances.

Town Manager Bursick advised that the Town’s reserves are adequate. He will be scheduling Workshops for the budget in July and August.

Mayor Stacey advised that even if the Town increased the fees to 9.5%, we would still be the lowest.

Commissioner Evans made a motion to levy a 9.5% rate for the public service tax on electric, gas and water services, which was seconded by Vice Mayor Price.

Mr. Steve Walters asked what the money was going to be used for.

Commissioner Evans stated that based on this particular levy, to the General Fund shortfalls.

Town Manager Bursick stated that those services to be used for police, administrative staff, public works, in the General Fund. The Stormwater Utility Fee would be dedicated to stormwater utility repairs.

Vice Mayor Price stated that this was the most responsible thing the Commission could do for the Town’s quality of life.

The motion carried unanimously.

Commissioner Guglietta made a motion to authorize the Town Manager to pursue a referendum for the acquiring funds for Stormwater management and street resurfacing from a voted debt millage of up to 1 mill, which was seconded by Commissioner Evans. The motion carried unanimously.

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Reports

Town Attorney Gougelman advised that in the mid 1990’s private property rights contracts with America gave every property owner the right to sue governments for restrictions on private property rights. The 1995 Burt Harris Act.

Town Attorney Gougelman stated that Ms. Kim Rezanka, the attorney for Walgreens has advised him that rather than immediately filing a lawsuit against the Town, Walgreens plans to utilize a little know and seldom used mediation and non-binding arbitration process known as the “Florida Land Use and Environmental Dispute Resolution Act”. He advised that an applicant who has been denied approval of either a special exception or a variance has the unilateral authority to invoke the process. This would suspend the time clock.

Town Attorney Gougelman advised that the Town is just getting started with this process with Walgreens. He stated that a title company has recently requested a lien search for the three properties for the proposed Walgreens, indicating that a closing is looming; Walgreens intends to close this month on those properties. It should be a few days to a week before the Town hears from Walgreens.

Town Attorney Gougelman stated that a mediator would come and see what the Town of Melbourne Beach is all about, get a feel for the Town. With regard to the timeframe, he stated that the notice will be filed with the Town next week, the Town is required to have the mediation in 45 days; that the Town and Walgreens could also agree on a later date. He advised that the Town will notice the public, and have to get a mediator and work with his calendar, have to reach an agreement as to who the mediator will be; he said he has made calls to find some people: Terry White of Daytona Beach, certified with a Harvard education; Jon Mills, former Speaker of the House, a growth management advocate, who understands the process. He advised that the cost of mediation could be $300, $400 or even $500 per hour, which would be shared by Walgreens and the Town. He stated that Walgreens would be bringing their architect from Chicago, which would be at their cost.

Vice Mayor Price made a motion to authorize the Town Attorney to accept notice of the request for relief under the Florida Land Use and Environmental Dispute Resolution Act from Walgreens and Florida Property Investment Partners, Inc.; and delegate authority to the Town Manager to accept a mediator after recommendation from the Town Attorney; and authorize the Town Manager and Town Attorney to consult with an architect for appearance at the special magistrate hearing, if they decide that it is in the best interest of the Town, which was seconded by Mayor Stacey.

Mr. Ed Struttman, 802 Pine St., asked if the Town goes forward did that mean we are getting a Walgreens whether the Town wants one or not. He asked about changing the code.

Town Attorney Gougelman advised that there were a number of code changes in the process right now. He said the types of uses are going to go through the process, it will happen regardless. He said Walgreens applied prior to code changes so they will have the right to be reviewed under the old code requirements.

Town Attorney Gougelman stated that the courts do not have a real good understanding of land use. He said the Town has been trying to say the same thing to Walgreens, the Town staff would talk to them, have an honest conversation; he said they seem to be ready for that. If the Town loses, the plans are approved as submitted.

Mr. Struttman stated that Ms. Rezanka asked the Town Commission to have the Planning and Zoning Board review the code. He asked that the Commission not instruct the Planning and Zoning Board to do so.

Mr. Mike Harris, 207 Fir Ave., spoke about the non-binding agreement, for the Town to sit down with Walgreens and reach an agreement. He asked what makes a development order unreasonable. He stated that the worst case scenario, the Town gets to a point they do not agree.

Town Attorney Gougelman advised that it is based on procedural recordings, or look at the transcript of the 10 ½ hour meeting.

Mr. Steve Walters, 416 6^th Ave., spoke about the mediation and the cost and that it was open-ended, that a limit should be set.

Commissioner Tennant advised that the Town has no choice.

Town Attorney Gougelman stated that the Town is the victim of a process put through by the Legislature.

Vice Mayor Price advised that the Town is in a situation now, have to go forward, do the best we can to protect the interest of the Town, the Commission has no choice, we have to deal with it.

Town Attorney Gougelman advised that this is not necessarily a bad thing, may save the Town a lot of money in the long run.

The motion carried unanimously.

Town Manager Bursick gave the financial report for first six months or 50%, with the General Revenue Fund Revenue at $1,321,234 or 66%. He stated that expenses were $1,101,337 or 55%. He reminded everyone of the Trash Bash this Saturday at Ocean Park from 8 a.m. to Noon.

Town Manager Bursick advised that he has a meeting with Brevard County regarding the lifeguard report and future improvements to the program.

Town Manager Bursick stated that he may call for a workshop on May 7^th regarding principle uses in the commercial zoning districts along Ocean Avenue.

Town Manager Bursick advised that the used fire truck, the Commission originally discussed donating to an underdeveloped country; that the Town received an offer of $5,000 in cash and $5,000 in training for that truck, and with things being as they are now, maybe the Town should accept this offer. He advised that he would post the other truck on-line to get bids.

Town Manager Bursick informed the Commission of his concern about the traffic signal on Oak Street and Ocean Avenue, that he was meeting with Brevard County to discuss a possible “no turn on red” and split phasing to try to help with eastbound traffic turning north onto A1A. He advised that the County would evaluate it and present the issue to the Florida Department of Transportation.

Commissioner Evans advised that she had nothing to report at this time, but she was good.

Commissioner Tennant stated that it wasn’t much fun talking taxes, but if you call the Police at 1 A.M. and they quickly get to your house, that is how the Commission wants to keep it.

Commissioner Guglietta informed that there wasn’t a MPO meeting this month, that there will be one next month. He advised that he was selected to go to Tampa at the MPO’s expense to learn more about the functions of MPO; with one elected official in each County of the State is selected.

Commissioner Guglietta spoke about the stop sign near Boomerangs and the possibility of placing a flashing light since people do not slow down. He advised that he was working with the Police Chief about placing the stop sign back, waiting to see what the Chief wants to do.

Vice Mayor Price advised that the Space Coast League of Cities have not yet met this month, the meeting will be held on the third Monday, and that the Town would be co-hosting the May 12, 2008 League Meeting with the Town of Indialantic, that we may hold it at the Hilton in their new tower. He stated that he went to the Legislative Action Day, sat down with some of the Town’s State representatives about concerns of our Town and other municipalities as to the impact of unfunded mandates on our cities, and the adverse effect on the Town’s budget. He said the Commission will try to operate our Town with what is left, he said the Legislatures really don’t understand.

Vice Mayor Price spoke about the $200 for his attendance at the Legislative Action Day in Tallahassee being money well spent

Commissioner Guglietta spoke about putting the wheels in motion for a new Town Clerk.

Town Manager Bursick advised that he would place an advertisement for a Town Clerk in the Clerks’ Association newsletter, post it on the Town’s bulletin boards and website. He stated that he and Lenore were revising the job description, which he would provide to the Commission for their review.

Commissioner Guglietta stated that if there weren’t any prospects the Town would have to bring in an Interim Clerk at a great expense.

The meeting duly adjourned at 9:31 p.m.

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William G. Stacey, Mayor

ATTEST:

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Lenore R. Milan, CMC, Town Clerk