May 14 - City of Melbourne, Florida

CITY OF MELBOURNE, FLORIDA
MINUTES – REGULAR MEETING BEFORE CITY COUNCIL
MAY 14, 2013
A regular meeting of the City Council was held in the City Council Chamber, 900 East Strawbridge
Avenue, and was called to order at 6:30 p.m. by Mayor Kathy Meehan.
1. The invocation was given by City Clerk Cathy Wysor.
2. Pledge of Allegiance.
3. Roll Call.
Present: Kathy Meehan Mayor
Mike Nowlin Council Member, District 1
Betty Moore Council Member, District 2
Harry C. Goode, Jr. Council Member, District 3
John Thomas Council Member, District 4
Molly Tasker Vice Mayor, District 5
Greg Jones Council Member, District 6
Michael A. McNees
City Manager
Paul R. Gougelman, III City Attorney
Cathleen A. Wysor
City Clerk
Amy W. Elliott
Deputy City Manager
Cindy Dittmer
Planning and Economic Development Director
4. Proclamations and Presentations
Mayor Meehan read and presented the following proclamation: “National Safe Boating Week,”
May 18 – 24, 2013; accepted by Joe Kirkman, Flotilla Commander, South Brevard Flotilla 17-
2, U.S. Coast Guard Auxiliary.
On behalf of the City Council, the Mayor presented a framed aerial photograph of Downtown
Melbourne to former Assistant Fire Chief Robert Apel in recognition of his dedicated service to
the City (March 1981 through April 2013). Chief Apel retired on April 26 after 32 years of service.
Mayor Meehan read and presented a proclamation declaring Melbourne to be a “No Bullying
Zone” during the month of May 2013 to Javier Molinares, President, Al Dia Today Newspaper.
She announced that on April 25, she joined with Congressman Bill Posey, the Brevard County
Commission and other municipalities in Brevard in issuing this proclamation.
5. Approval of Minutes - Regular Meeting - April 23, 2013
Moved by Nowlin/Goode for approval. Motion carried unanimously.
6. City Manager’s Report
City Manager Mike McNees reported that today the Brevard County Commission voted to
accept a proposal from the City of Melbourne for the programming of the yet to be
constructed community center at Wickham Park. The Commission directed its staff to
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CITY OF MELBOURNE, FLORIDA
MINUTES – REGULAR MEETING BEFORE CITY COUNCIL
MAY 14, 2013
negotiate a contract with the City of Melbourne. Mr. McNees thanked Leisure Services
Director Mary Ann Bowman and her staff for putting that proposal together. He stated that it
will be a plus for the City to be able to offer services in that area at a new community center.
7. Public Comments
Jim Phend, 1625 Marcello Drive, discussed the City’s red light camera program. He
commented that it is good news that the Police Department is not going to allow the red light
camera company to issue tickets for right turns on red; however, it is bad news that the red
light camera company, Gatso, is going to reduce the yellow light interval on a couple of
approaches at U. S. 1/Eau Gallie Boulevard and Strawbridge Avenue. This will make a big
difference in terms of the number of tickets issued. Mr. Phend closed by saying that neither
of these intersections has experienced fatalities in the last four years. The main cause of
accidents at these intersections is following too closely.
Jane Nails, Space Coast Directional Signs, Folsom Road, Mims, stated that she owns a
company that installs directional signs for builders and others hosting events in Melbourne.
She explained that signs are installed Friday evenings and removed on Sunday after close of
business. Builders have told her that the signs are needed and that they help attract
customers. She asked Council to consider a permitting process that would allow temporary
signs for Realtors and event production companies.
Following brief discussion, Mayor Meehan advised that the City recently updated its Sign
Code. It is not likely that a change will be made now; however, this may be something that
would be considered in the future.
UNFINISHED BUSINESS
8. COUNCIL DISCUSSION RE: Public restrooms at Claude Edge Front Street Park.
(Requested by Council - 4/23/13)
Leisure Services Director Mary Ann Bowman referenced the materials, which contain history,
issues and consideration regarding the restroom hours at Front Street Park. She noted that
the Police Department has advised that it would support extending the hours until 9:00 p.m.
and would do its best to provide monitoring and patrol as long as the call load permits. She
reported that four years ago the City closed these restrooms due to ongoing criminal
activities in the restrooms at night and complaints received from people who encountered
such activity while attempting to use the restrooms.
Ms. Bowman stated that if Council decides to extend the hours until 9:00 p.m., staff
recommends that (Main Street) be responsible for locking the restrooms at night. Leisure
Services does not have staff that works those hours.
Council Member Harry Goode asked what time the restrooms open in the morning. Ms.
Bowman replied between 7:45 and 8:00 a.m. Mr. Goode commented that Front Street is
designed for boaters who are out at sunrise. He asked about extending the morning hours.
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CITY OF MELBOURNE, FLORIDA
MINUTES – REGULAR MEETING BEFORE CITY COUNCIL
MAY 14, 2013
Ms. Bowman said that Leisure Services has received requests to extend hours in the
morning. Her department has not received requests for extended evening hours. She stated
that if custodians are in the area, the restrooms can be opened earlier; this is an easier
request to accommodate than the evening hours.
Council Member John Thomas agreed with extending the restroom hours in the morning. He
recommended that evening hours be examined on a case by case basis. Perhaps extended
hours can be approved during special events.
The Mayor asked the cost for funding a part-time position. Ms. Bowman said that if Council
would like the restrooms open seven days a week, the cost would be minimum wage times
14 hours. She repeated that her staff may be able to accommodate early morning hours
because custodians are in the area getting the building ready for the day’s rentals. Mayor
Meehan stated that she believes it’s important to extend the hours at night, too, in order to
accommodate evening boaters.
Vice Mayor Tasker asked if staff discussed this with the downtown merchants (Main Street).
Ms. Bowman replied no. Ms. Tasker said that she believes this should be the next step.
Mayor Meehan said she spoke with Mr. Hatt (Hatt’s Diving Headquarters, Front Street) who
said he would close the bathrooms at 9:00 p.m. The Mayor added that she’s not sure this
offer includes Sundays. Ms. Bowman said that the City will need a commitment. If the
restrooms aren’t locked, we’re asking for trouble.
Council Member Betty Moore said that it’s premature for Council to make a decision until
more information is provided regarding the merchants’ level of commitment.
Without objection, Council agreed that Ms. Bowman will work with Planning and Economic
Development Department and Main Street to determine the level of commitment from the
merchants to close the restrooms in the evenings on a volunteer basis.
Ms. Bowman advised that a return report will be provided to Council.
9. COUNCIL ACTION RE: Purchase of a 2013 Freightliner Sprinter SWAT van
a. Purchase of a 2013 Freightliner Sprinter SWAT van, Atlantic Truck Center, Pompano
Beach, FL - $48,094. (Postponed - 4/23/13)
b. Resolution No. 3347: A resolution implementing budget adjustments, changing the
funding source for the replacement van from Lease Proceeds to Appropriation From
Prior Years Surplus.
Moved by Goode/Thomas to (approve the purchase of a 2013 Freightliner SWAT van,
Atlantic Truck Center, Pompano Beach, FL - $48,094).
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CITY OF MELBOURNE, FLORIDA
MINUTES – REGULAR MEETING BEFORE CITY COUNCIL
MAY 14, 2013
Council Member Mike Nowlin reported that the City has a general diagnostic tool that will
point them in the right direction on working on this van; however, it will not provide the full
essential tools needed. The write-up indicates that a local dealer will work on the van after
the warranty expires. Mr. Nowlin pointed out that anyone will work on anything after the
warranty expires. During the warranty period, the vehicle will have to be hauled to Orlando
for repairs. There are issues, which is why he does not believe this is the vehicle the City
needs to purchase.
Council Member Jones asked if we are going to retain the current SWAT van for times when
the new vehicle is out of commission.
Police Chief Steve Mimbs said that the current van needs to go based on the amount of time
it is in the shop. Currently, the City has only one SWAT vehicle. When that vehicle is out of
service, the department gets people and equipment where they need to be by using personal
vehicles or available City vehicles.
The question was called. Motion carried. Mr. Nowlin voted nay.
Moved by Goode/Thomas for approval of Resolution No. 3347. Motion carried unanimously.
NEW BUSINESS
10. COUNCIL ACTION RE: Apollo Boulevard Extension (North End Reuse), Project No. 31607
a. Approval of a Utility Work by Highway Contractor Agreement (At Utility Expense) and
a Memorandum of Agreement between the Florida Department of Transportation
(FDOT) and the City of Melbourne for relocation of utilities associated with the FDOT
Apollo Boulevard Extension Project from Sarno Road to Eau Gallie Boulevard at a
total estimated amount of $2,154,448; authorization for the City Manager to execute
the agreements; and transfer of $282,420 from Miscellaneous Water & Sewer Capital
Improvement Projects to supplement this project budget.
b. Approval of a Utility Work by Highway Contractor Agreement (At FDOT Expense) and
a Utility Work Agreement (FDOT Participating in Expense) between the FDOT and
the City of Melbourne for relocation of utilities associated with the FDOT Apollo
Boulevard Extension Project from Sarno Road to Eau Gallie Boulevard; and
authorization for the City Manager to execute the agreements.
City Engineer Jenni Lamb provided a brief overview.
Moved by Goode/Moore for approval of a Memorandum of Agreement and a Utility Work by
Highway Contractor Agreement (at Utility Expense) with the Florida Department of
Transportation for the Apollo Boulevard Extension (North End Reuse), Project No. 31607,
total estimated amount of $2,154,448; authorization for the City Manager to execute the
agreements; and transfer of $282,420 from Miscellaneous Water & Sewer Capital
Improvement Projects to supplement this project budget. Motion carried unanimously.
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CITY OF MELBOURNE, FLORIDA
MINUTES – REGULAR MEETING BEFORE CITY COUNCIL
MAY 14, 2013
Moved by Goode/Thomas for approval of a Utility Work by Highway Contractor Agreement
(at FDOT expense) and a Utility Work Agreement (FDOT Participating in Expense) with the
Florida Department of Transportation for the Apollo Boulevard Extension (North End Reuse),
Project No. 31607, and authorization for the City Manager to execute the agreements.
Motion carried unanimously.
11. COUNCIL ACTION RE: Purchase of a proposed utility easement located at 1550 Old
Colonial Way in the amount of $62,800 for the relocation of Lift Station No. 12, Project No.
32010; and authorization for the City Manager to execute a Utility Easement between Eric
Paul Arrindell and the City of Melbourne.
Ms. Lamb reviewed the agenda report. In response to Mr. Nowlin, she described how the lift
station will be situated on the property.
Moved by Nowlin/Moore for authorization of purchase of a permanent utility easement,
substantially in the form of the Utility Easement included in the agenda package in the amount
of $62,800 from Eric Paul Arrindell. Motion carried unanimously.
12. CONSENT AGENDA:
Moved by Thomas/Nowlin for approval of the consent agenda, Items a through r. Motion
carried unanimously.
a. Approval of a Contract for Sale and Purchase between the City of Melbourne and
A.B.R. Realty, Inc., f/k/a as B.S.E. Engineering, Inc. and BSE Engineering Inc. for
property located along U.S. Highway 1, across from 312 S. Harbor City Boulevard, for
the U.S. 1 Scenic View and Linear Park, Project No. 74006, at a cost of $6,000.
b. Task Order No. BMEG009 to the Continuing Contract for engineering services related to
the survey and design of the 10-inch cast iron water line replacement under Crane
Creek, Project No. 30113, Bussen-Mayer Engineering Group, Inc., Merritt Island, FL -
$39,585.
c. Approval of a Right-of-Way Use Agreement between the City of Melbourne and
Hibiscus Professional Center, LLC to allow the installation of irrigation lines in the public
right-of-way of Silver Palm Avenue.
d. Approval of a Contract for Sale and Purchase between the City of Melbourne and Joan
D. Mahoney for property located east of U.S. 1, south of Avenue D, for the U.S. 1
Scenic View and Linear Park, Project No. 74006, at a cost of $6,000.
e. Approval of Law Enforcement Trust Fund grants in the amounts of $3,500 for the Powell
Subdivision Neighborhood Watch Group in support of its annual programs and *$2,500
$3,000 for the South Brevard County Task to assist with its Annual Youth Crime
Prevention Workshop ($2,500) and Preventing Crime in the Black Community
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CITY OF MELBOURNE, FLORIDA
MINUTES – REGULAR MEETING BEFORE CITY COUNCIL
MAY 14, 2013
Conference ($500); and transfer of $4,000 from Police Operations to Police Support to
provide funding. (*The agenda contained an error. The item has been revised to reflect
the agenda memorandum, which was correct.)
f. Contract award for the purchase and delivery of liquid oxygen for the surface water
treatment plant, Matheson Tri-Gas, Inc., Irving, TX - $84.50/ton; estimated annual cost
of $135,200.
g. Contract award for the purchase and delivery of carbon dioxide for the surface water
treatment plant, Airgas Carbonic Dry Ice, Lawrenceville, GA - $149.50/ton; estimated
annual cost of $107,640.
h. Contract award for the purchase of hydrofluorosilicic acid for Water Production,
Harcross Chemicals, Inc., Tampa, FL - $490/ton; for an annual cost of $58,800.
i. Implementation of the previously approved step increase effective the first paycheck in
June 2013 for all FRS members employed by the City during this pay period and who
are subject to the FRS mandatory 3% employee pension contribution.
j. Contract award for resurfacing and repair of six tennis courts at Fee Avenue and Jimmy
Moore Parks, Advantage Courts, LLC, Orlando, FL - $29,400.
k. Travel authorization for Mayor Meehan to travel to Sao Jose dos Campos, Brazil, July
10-15, 2013, in furtherance of the sister city agreement and to explore opportunities for
economic development, education, and cultural exchange; and a finding by the City
Council that the trip will serve a valid public purpose.
l. Authorization for the City Manager to submit a proposal to the Florida Division of
Emergency Management for $150,000 in Residential Retrofit Program funding; and for
the City Manager to accept any proposed grant awards rendered, and to execute and
transmit all documents related thereto.
m. Approval of the Fifth Amendment to the 2001 Joint Planning Agreement with Brevard
County, providing for a six-month extension.
n. Resolution No. 3342: A resolution designating those persons authorized to sign checks
and transact business with regard to the bank and investment accounts on behalf of the
City.
o. Resolution No. 3343: A resolution providing for Airport Fund budget adjustments.
p. Resolution No. 3344: A resolution authorizing the City Manager to accept transfer of
maintenance and ownership of Easy Street from Brevard County; and to execute,
accept, and record the deed.
q. Resolution No. 3345: A resolution authorizing the City Manager to submit a grant
application to the U.S. Department of Justice for Bulletproof Vest Partnership Grant
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CITY OF MELBOURNE, FLORIDA
MINUTES – REGULAR MEETING BEFORE CITY COUNCIL
MAY 14, 2013
Program funding in the amount of $17,107.20 with matching required funds of $16,632
from the City and $475.20 from the Airport for the purchase of 74 vests totaling
$34,214.40.
r. Resolution No. 3346: A resolution urging the administration and Congress of the United
States to preserve the current tax-exempt status of municipal bonds and reject any
proposal that would reduce or eliminate the federal tax exemption on interest earned
from tax-exempt municipal bonds. (Requested by Mayor Meehan)
13. ITEMS REMOVED FROM THE CONSENT AGENDA
14. ORDINANCE NO. 2013-34 (AR-2013-239) P.W. YOUNG: (First Reading/Public Hearing) An
ordinance providing for annexation of 217± acres of property, including right-of-way, located
on the north and south sides of Eau Gallie Boulevard, abutting Lake Washington.
(Owner/Applicant - P.W. Young Trust) (Representative - City of Melbourne) (P&Z Board -
4/18/13)
City Attorney Paul Gougelman read Ordinance No. 2013-34 by title. Planning and Economic
Development Director Cindy Dittmer located the property on the map. Upon annexation, the
property will be located within Council District 5. At its April 18 meeting, the Planning and
Zoning Board voted unanimously to recommend approval.
The public hearing was opened/closed without comment.
Moved by Tasker/Jones for approval of Ordinance No. 2013-34, based on the findings
contained in the Planning and Zoning Board memorandum. Motion carried unanimously.
15. ORDINANCE NO. 2013-35 (A&V NO. 345): (First Reading/Public Hearing) An ordinance
vacating a 50-foot wide by 143 feet long dead-end right-of-way known as that portion of Tee
Street lying south of Lot 7, north of Lot 8, west of the west line of Diplomat Drive, and east of
the west line of Virginia Estates Subdivision. (Applicant - Danica Scuderi-Carluccio)
The City Attorney read the ordinance by its title.
City Engineer Jenni Lamb reviewed the agenda report. Utilities are located within the rightof-way;
therefore, an easement will be required. The easement documents will be obtained
prior to final reading of the ordinance. Additionally, the applicant has agreed to install a
sidewalk parallel to Diplomat Drive. She closed by stating that the recommendation is for
approval.
There were no disclosures by Council. The Mayor opened the public hearing.
Vincent Scuderi, 2526 Diplomat Drive, said that his parents are hoping to get the property
near his house so he can keep his basketball hoop. He added that he’s a good kid, loves
sports, but he doesn’t want his parents to get in trouble by getting a violation because his
sports equipment is outside. He thanked Council for its consideration.
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CITY OF MELBOURNE, FLORIDA
MINUTES – REGULAR MEETING BEFORE CITY COUNCIL
MAY 14, 2013
Moved by Nowlin/Jones for approval of Ordinance No. 2013-35. Motion carried
unanimously.
16. ORDINANCE NO. 2013-36 (FOC-2013-06/LDR-2013-02) MOBILITY STANDARDS: (First
Reading/Public Hearing) An ordinance amending Chapter 10, Community Planning and
Development; Appendix C, Interim Land Development; Appendix D, Chapter 3, Concurrency;
and Appendix D, Chapter 10, Impact Fees, to implement the mobility strategies and mobility
district contained within the Transportation Element of the Comprehensive Plan. (Applicant -
City of Melbourne) (P&Z Board - 4/18/13)
The City Attorney read Ordinance No. 2013-36 by title. Mrs. Dittmer reviewed the agenda
report. The following is an excerpt:
In 2011, the City Council approved changes to the Comprehensive Plan Transportation
Element relating to mobility strategies and mobility districts. Ordinance No. 2013-36
implements the language in the Comprehensive Plan. The following reasons highlight the
need to adopt these changes:
• Roadways in the City are continuing to fill with more traffic, much of it from surrounding
cities. Regardless of development within the City limits, traffic will continue to grow.
Under the current traffic concurrency system, projects in several areas of the City would
have to be denied because of lack of transportation capacity.
• Development and redevelopment projects in areas such as the downtown core areas, the
South Babcock Street area, areas adjacent to Wickham Road, the Melbourne Square
Mall area, and the Melbourne International Airport area could all be halted or delayed if
traditional transportation concurrency standards are exceeded due to increased traffic
volumes.
The ordinance establishes five transportation concurrency exception areas, known as
mobility districts. In these areas, traditional transportation concurrency standards will no
longer apply to development and redevelopment projects. The mobility districts are identified
as:
• Melbourne International Airport Area.
• Community Redevelopment Areas/U.S. 1 Corridor.
• South Babcock Street/Florida Institute of Technology Area.
• West Eau Gallie Boulevard Area.
• North Wickham Road Corridor.
Projects not within a mobility district will continue to be required to meet traditional
transportation concurrency requirements and pay the required transportation impact fees.
Development projects located within a mobility district will be required to follow the new
mobility standards. This will require mobility improvements to be provided at the expense of
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CITY OF MELBOURNE, FLORIDA
MINUTES – REGULAR MEETING BEFORE CITY COUNCIL
MAY 14, 2013
the development. These developments will not pay impact fees in addition to these costs.
Mobility improvements are enhancements to the transportation network and include a broad
range of roadway, transit, pedestrian, and bicycle facilities.
Projects located in a mobility district will have the following options: construct the required
mobility improvements; make a “payment in lieu of” providing a required mobility
improvement that will be equal to the current transportation impact fees; or choose to provide
a combination of constructing improvements and making a “payment in lieu of” providing the
required improvement.
The “payment in lieu of” option is based on existing transportation impact fees and will
provide a level of certainty as to what costs will be involved in the development of a project.
Fifty percent of the “payment in lieu of” option will be deposited into the transportation impact
fee trust fund and 50 percent will be deposited into the mobility trust fund. The mobility trust
fund will allow the City to construct roadway, transit, pedestrian, and bicycle facilities.
By implementing the proposed mobility strategies, the City will no longer exclusively plan for
roadway capacity improvements as a means for enhancing the transportation network. The
proposed changes will also support the City’s goal to encourage higher density and intensity
uses within the core areas of the City.
Mr. Jones thanked staff for being forward looking on this issue. He said that the changes will
allow developers to partner with the City in improving the quality of life for our residents.
Mayor Meehan asked if a separate trust fund will be established for each of the five mobility
districts. Mrs. Dittmer replied that there will be one trust fund with five benefit areas.
The Mayor opened the public hearing. There were no comments.
Moved by Tasker/Jones for approval of Ordinance No. 2013-36, based upon the findings
contained in the Planning and Zoning Board memorandum. Motion carried unanimously.
17. PETITIONS, REMONSTRANCES, AND COMMUNICATIONS
Council Member John Thomas asked Council’s consideration in authorizing staff to explore
the potential of bringing the current Cocoa Beach Air Show to Melbourne as the Melbourne
Beachside Air Show. He noted that he’s been in discussions with Bryan Lilley, Chairman of
the National Air, Sea and Space Foundation, who currently organizes the Cocoa Beach
show. Mr. Lilley has advised that he will no longer be able to operate in Cocoa Beach due to
financial considerations. Mr. Thomas asked the City Council to authorize the City Manager
to work with Mr. Lilley to determine costs, potential risks, and benefits, and return with a
report at the May 28 meeting.
Mr. McNees confirmed that he should be able to provide a preliminary report by May 28. If
not, he’ll advise Council in the interim. Without objection, Council agreed.
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CITY OF MELBOURNE, FLORIDA
MINUTES – REGULAR MEETING BEFORE CITY COUNCIL
MAY 14, 2013
Vice Mayor Tasker said if there is no objection, she would like to ask the City Manager and
City Attorney to draft an ordinance that would permit an Airport employee to serve on the
Babcock Street Community Redevelopment Agency Advisory Committee. She stated that
the Airport is a major presence in the CRA and, since the CRA is not a quasi-judicial body
and is merely advisory, Council should adjust its ordinances to permit an exception.
Moved by Tasker/Goode to direct the City Attorney and City Manager to draft an appropriate
revision to the (Code) to permit an Airport employee to serve on the Babcock Street CRA
Advisory Committee. Motion carried. Council Members Nowlin and Jones voted nay.
18. ADJOURNMENT
Moved by Goode/Moore to adjourn. Motion carried unanimously.
The meeting adjourned at 7:31 p.m.
City Clerk – 5/22/2013
Approved by Council:
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