March 26 - City of Melbourne, Florida

CITY OF MELBOURNE, FLORIDA 

MINUTES – REGULAR MEETING BEFORE CITY COUNCIL 

MARCH 26, 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 Pastor Janna Hogan Forschino, Jesus is the Key. 

2. Pledge of Allegiance. 

3. Roll Call. 

Present: Kathy Meehan Mayor 

Mike Nowlin Council Member, District 1 

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 

Howard Ralls 

Deputy City Manager 

Amy W. Elliott 

Deputy City Manager 

Cindy Dittmer 

Planning and Economic Development Director 

Absent: Betty Moore Council Member, District 2 (out of town) 

4. Proclamations and Presentations 

Mayor Meehan presented Certificates of Appreciation to: 

• Dr. Ethel Newman, President, Brevard County Chapter President, The Links, Inc., 

recognizing its members for their community service. 

• Master gardener Josh Nicholson for donating his time and expertise in transforming the 

area around the Dorcas Outreach Center for Kids into a thriving garden. (The Links was 

instrumental in obtaining the grant, which resulted in installation of the garden.) 

The Mayor presented a proclamation declaring “Water Conservation Month,” April 2013, to 

Jennifer Wilster, Environmental Community Outreach Manager. In conjunction with Water 

Conservation Month, the City of Melbourne participated in the Florida Section of the American 

Water Works Association “Drop Savers” poster contest for students in grades 4 and 5 

(Division 3) and 6 through 8 (Division 4) to depict a water conservation idea. The winner in 

each category was presented a Certificate of Achievement: 

• Brook Rentschler, 4 th grade, Ocean Breeze Elementary 

• Christa McAneney, 8 th grade, Hoover Middle School 

Page 1 of 26




Mayor Meehan and City Manager Mike McNees presented a Certificate of Recognition to 

Deputy City Manager Howard Ralls who will be retiring at the end of March after 25 years of 

service. 

5. Approval of Minutes – March 12, 2013 Regular Meeting 

Moved by Nowlin/Goode for approval. Motion carried unanimously. 

6. City Manager's Report 

Mr. McNees said that in addition to the retirement of Howard Ralls, Larry Wuensch, Director 

of Land Development (Airport), will retire at the end of March after 18 years of service. 

Additionally, Mr. McNees reported on the following: 

The public is frustrated with the Florida Department of Transportation U.S. 1 roadway 

project and the effect of the lane closure at New Haven Avenue. Although the City is 

being criticized for the way the project is being done, he noted that it is a State DOT 

project. City staff and the Mayor have written letters to DOT in an effort to expedite the 

project and convey that the traffic needs to be managed more efficiently. The City’s 

Public Information Officer has arranged for a guest editorial in the newspaper this week 

so we can communicate directly with the public about this project. 

 

About 10 days ago, he attended a regular coordination meeting of all the Brevard County 

Emergency Managers at the Emergency Operations Center in North Brevard. He 

stressed that he takes the emergency management process seriously and wanted to plug 

into the local process in advance of hurricane season. 

Council Member Mike Nowlin referenced the report from the City Engineer, which was 

provided as a follow-up to public comments expressed at the March 12 Council meeting 

about Turtle Mound Road extension. Mr. Nowlin stated that he understands that a wall 

would not be practical. He asked if there is an opportunity to provide enhanced landscaping 

that would provide a barrier. 

Mr. McNees replied that there is always an opportunity. Staff will consider the design criteria 

and determine why we would do something in particular for this situation that would be over 

and above a design standard for other similar projects. There may be great reasons for that 

and, obviously, funding is an issue. He cautioned that from a precedent standpoint, we need 

to consider the standards. 

Council added Item 27.1 to the agenda (confidential Project Tricolor). 

7. Public Comments 

Jim Phend, 1625 Marcello Drive, stated that he recently received a brochure about red light 

camera enforcement in Melbourne. He discussed his opposition to red light cameras, the 





timing of yellow lights, and encouraged Council not to renew the contract with its red light 

camera company when it ends. 

David Fisher, 3900 Pinewood Road, spoke to Council through a sign language interpreter. 

He expressed safety concerns with the Turtle Mound Road extension project behind his 

house and said that the roadway will be considered a “mini Interstate 95.” Mr. Fisher said 

that he and members of his family are deaf. They own horses and are concerned that a 

traffic barrier will be needed to keep the horses separated from traffic. He added that a 

thousand pound animal can easily damage cars. Mr. Fisher expressed appreciation for the 

discussion about installing enhanced landscaping (see Council Member Nowlin’s comments 

under Item 6) and asked Council to consider a barrier in order to avoid future accidents and 

injuries. 

Vice Mayor Tasker pointed out that the property behind Mr. Fisher’s home includes County 

property. She asked Mr. Fisher if he has talked with his County Commissioner. Mr. Fisher 

replied that he spoke with a County inspector last week, who agreed that it makes sense to 

install a wall. 

UNFINISHED BUSINESS 

7.1 Presentation to Council: Annual reports to City Council from City boards. 

a. Architectural Review Board 

Vice Chairman David Bogenrief stated that this is a highly qualified, yet laid back board. He 

introduced the members; provided highlights of 2012 accomplishments; before and after 

photos of projects; and stated the 2013 goals. The goals of the Architectural Review Board 

include continuing to be user friendly, working with applicants to help them achieve their 

goals, and enforcing rules while taking into consideration the needs of applicants and their 

neighbors. 

b. Citizens' Advisory Board 

Chairman Rhodie Humbert listed the members of the board and discussed the board’s 

purpose. He reviewed the 2011-2012 grant expenditures and benefits and displayed photos 

of various activities. The board conducts public hearings to gain citizen input concerning 

grant programs. Last year, the Housing and Community Development Department received 

over $1.2 million in grants to benefit the City of Melbourne. Mr. Humbert closed by 

commending Housing and Community Development Department staff for the work they do. 

7.2 Presentation to Council: The City of Melbourne Comprehensive Annual Financial Report 

from Carr, Riggs & Ingram (CRI). 

Chas Hoyman, CRI audit partner, introduced the auditors from the firm. He reviewed the 

report, including the following highlights: 





• The City of Melbourne once again received the Certificate of Excellence in the reporting 

of our financial statement, which is very positive. The independent auditors’ report is a 

clean, unqualified report, which is the highest, most positive report that can be issued. 

• Citywide total assets have gone up by about $6 million, from $375 million to $381 million. 

Liabilities went up, but a significant portion of that is the liability required to be recorded 

for retirement health benefits for employees. The total of assets, less liabilities, moved in 

a positive direction on a citywide basis. 

• Revenue over last year in the General Fund went down and total expenses went up. 

The City spent about $346,000 from fund balance, which was a decision made by 

Council. Council intended to use some of the reserves during leaner times. Total 

change in net assets for the Water and Sewer Fund was a positive $2.7 million – up 

about $900,000 over the prior year. 

• The money the City contributes to retirement plans is up about $1.2 million. The net 

appreciation in retirement plans was negative last year; this year, it’s positive by a swing 

of over $18 million. There are more assets this year than in the past, which relates to 

funding and investment on return. The fire pension is underfunded by about $21 million, 

the police pension is underfunded by about $30 million, and the general pension is 

overfunded. Although unfunded liability is paid through future budget processes, it is 

something Council needs to be aware of. 

• The City budgeted General Fund revenue at $65.7 million and actually received about 

$63.3 million. The largest item in that amount is property taxes. To meet the needs of 

government, the City budgeted to spend about $67.3 million and actually spent about 

$64 million. The largest item in the under budget amount is public safety. 

• The undesignated fund balance in the General Fund is about 22% of annual 

expenditures. Authoritative sources indicate that 20 – 25% is a good range. 

• Revenue for the Golf Course Fund is down, which relates to the economy; expenses are 

up slightly. The loss in that fund is about $115,000; however, about $99,000 of that is 

depreciation. If sales do not improve, money may have to be loaned from another fund 

to meet the day to day commitments until play increases. 

• With regard to federal and state grants – SHIP, HOME, etc. – there are no material 

findings. One finding was noted where a receivable was booked relating to the state 

revolving loan, but that loan had not been completed by September 30. Financial 

Services backed that out so it’s not shown in the statements. 

• The final portion of the report relates to the management letter and the City’s compliance 

with certain sections of the Florida Statutes. 

Council Member Greg Jones referenced the category titled “other – unclassified” in the 

schedule of revenues, expenditures and changes in fund balance. He asked what is rolled 





into this item. Mr. Hoyman replied that he will send an email to all Council Members 

describing that line. 

Mr. Jones pointed out the spike in workers’ compensation claims, which is significant over 

previous years. 

Director of Finance Michele Ennis explained that we experienced the perfect storm this year 

with old claims, current claims, and a significant increase in the cost of public safety. She 

advised that addressing workers’ compensation issues is always an ongoing process 

between departments and the Risk Management Division. She confirmed that this year’s 

trend is somewhat normalizing. 

Mr. McNees thanked Michele Ennis, her staff, and the Financial Services Department for 

this great, clean bill of financial health the City received. He stated that the financial report 

reflects their good work. Mr. McNees also recognized his predecessor, Jack Schluckebier, 

for his financial stewardship that placed the City in this position. 

Mr. Hoyman closed by commending City staff for doing a tremendous job. He noted that not 

many cities in the County have this kind of financial statement. 

Moved by Goode/Tasker to (consider Items 9 through 12) before hearing Item 8. Motion carried 

unanimously. 

(Items 9 through 12 were heard before Item 8.) 

UNFINISHED BUSINESS 

8. ORDINANCE NO. 2013-09: (Second Reading/Public Hearing) Finding of Consistency (FOC- 

2012-08). Amending Chapter 27 of the Code of Ordinances entitled Storm Water 

Management by creating a new Article IV, City of Melbourne Fertilizer Ordinance. (First 

Reading - 3/12/13) 

City Attorney Paul Gougelman read Ordinance No. 2013-09 by title. 

Council Member Harry Goode asked if the Legislature plans to readdress the fertilizer 

legislation. Mr. Gougelman said that some jurisdictions are considering adopting a fertilizer 

ordinance that is more stringent than the state model ordinance. Some legislators are 

concerned about that and one legislator in particular is considering a proposal to tighten the 

law, which would probably result in ebbing of home rule. 

City Engineer Jenni Lamb stated that staff is concerned about the Indian River Lagoon and 

recognizes that the sea grass has greatly deteriorated, which impacts the overall health of 

the lagoon. In addition to the proposed fertilizer ordinance, the City has taken or is taking a 

variety of steps to reduce pollutants that enter the lagoon, including preparation of a 

stormwater quality master plan; stormwater quality capital improvement projects; street- 





sweeping; taking part in Florida Yards and Neighborhoods; education efforts; and 

requirements for development to provide treatment. 

Ms. Lamb said that she has heard some information disseminated that 80% of the City’s 

stormwater is untreated and goes to the lagoon. She clarified that about 80% of the City’s 

land area drains towards the Indian River Lagoon and the other 20% drains towards the St. 

Johns River. Some of that runoff is untreated. Property developed since the 1980s is 

required to have treated stormwater. 

Continuing, she advised that Florida law requires each municipal government located within 

a watershed of a water body that’s listed as an impaired water body for nutrients to adopt at 

minimum the state’s model ordinance. Ms. Lamb closed by saying that, as requested by the 

Mayor at the last meeting. Dr. Laurie Trenholm from the University of Florida Institute of 

Food and Agricultural Services (IFAS) is ready to provide scientific data on fertilizer. 

Mayor Meehan said that if there are no objections, she would like to change the five minute 

speaking rule to three minutes per speaker (based on the number of people who signed up 

to speak). There were no objections. 

Dr. Laurie Trenholm, professor of environmental horticulture, University of Florida IFAS, said 

that she is going to present results of a research project, which looked specifically at nutrient 

leaching – both nitrate and phosphorus. The work involved an eight-year project in three 

locations statewide. It was funded completely by the Florida Department of Environmental 

Protection; no industry money funded the project. 

The purpose of the project was to quantify and verify the model ordinance that was 

developed in the early 2000s. The project started in 2004 and the final report was turned 

into the FDEP October 31, 2012. Dr. Trenholm reviewed a presentation with Council and 

highlighted the following: 

• The least amount of nitrate leaching occurred during fertilizer application cycles of June 

through early October because that is when grass is actively growing and able to take up 

the majority of nitrogen that is applied. Based on scientific data, having a summer 

fertilizer ban is not necessarily something that is going to benefit the environment and 

reduce nitrogen leaching. 

• On a percentage basis, there were relatively low rates of nitrogen leaching when grass is 

established. In many cases, it was less than one percent of applied nitrogen. 

• There were clearly larger amounts of nitrate leaching when fertilizer was applied during 

winter months. 

• Based on a 4 ½ year nitrogen leaching due to nitrogen source study, there were no 

significant differences in amount of nitrate that leached. Sources fell into categories 

including water soluble, quick release, and slow/controlled release. The reason is that 

healthy turf grass that has a dense root and shoot system is able to take up the nutrients. 





Dr. Trenholm stated that many people say every fertilization is a potential pollution event 

when, in actuality, healthy turf grass takes up fertilizer regardless of rate or source. She 

summarized by stating that the model ordinance follows eight years of scientific research and 

provides the maximum amount of protection when there is a healthy turf grass system. 

Council Member John Thomas asked Dr. Trenholm her opinion on having a winter blackout 

period. Ms. Trenholm replied that it probably makes more sense than a summer blackout 

period throughout many locations in Florida. There are probably some slow release products 

that could be applied safely during the winter months, although she doesn’t have the 

scientific data to fully back that up. 

Vice Mayor Tasker referenced the portion of the study conducted in Gainesville and asked if 

the turf was adjacent to a water source. Dr. Trenholm replied by describing the methods and 

process used during the research project. Ms. Tasker said that the banks of the Indian River 

Lagoon are both sheer and gentle. She asked if that would have any affect. Dr. Trenholm 

replied that slope can make a difference, but healthy turf cover will mitigate both leaching 

and runoff events. 

Ms. Tasker asked about the runoff or leaching when fertilizer is applied to turf that is not 

healthy. Ms. Trenholm said every site is going to have slightly different characteristics in 

terms of soil, slope, rooting, and turf cover. She discussed the key to fertilizer application 

when establishing or repairing turf. 

Council Member Greg Jones asked if it is practical for the state to have one model ordinance 

for all regions in Florida. Dr. Trenholm explained that the model ordinance was designed to 

not be completely specific to different geographic regions. More localized adaptations are 

allowed in the model ordinance by referencing the Green Industries Best Management 

Practices. 

In response to Mr. Jones, Ms. Trenholm explained the phosphorus study, which was 

somewhat similar (to the nitrogen study). She added that native Florida soils may have 

ample phosphorus; however, many soils in developed areas are “fill soils.” Following the 

model ordinance and allowing for judicious application, up to .5 pounds per 1,000 square 

feet, is probably the best. A phosphorus deficiency will result in weakened roots, weakened 

turf. 

Ms. Tasker asked Dr. Trenholm what she thinks is adversely affecting the Indian River 

Lagoon. Dr. Trenholm commented that urbanization is affecting our water resources 

everywhere. Multiple components can go into non-point source pollution. 

Mayor Meehan stated that she also invited Troy Rice from the Indian River Lagoon Program 

(St. Johns River Water Management District). 

Troy Rice said that he is here to talk about the condition of the Indian River Lagoon. He 

reported that the state of the estuary is in crisis. Over 32,000 acres of sea grass have been 





lost as a result of an algae bloom that occurred in 2011. The mysterious deaths of manatees 

and pelicans may be related. He stated that the situation in the lagoon is dire. 

Mr. Rice reported that a program is being initiated through the St. Johns River Water 

Management District over the next several years to investigate the cause of the blooms and 

to determine if anything can be done to prevent future blooms. This summer will reveal 

whether the lagoon is transitioning from a sea grass based ecosystem to a phytoplankton 

based ecosystem. If we experience additional blooms, we will see an estuary in transition 

and, as a result, we will lose a significant portion of fisheries. 

Ms. Tasker said part of our Indian River Lagoon is adjacent to the Kennedy Space Center. 

She asked what the federal regulations are regarding use of fertilizers. Mr. Rice said that he 

is not aware of the application of fertilizer, although they occasionally mow. 

In response to Council Member Thomas, Mr. Rice said that his findings are reported to the 

governing board of the SJRWMD and the State of Florida. Mr. Thomas asked the 

responsiveness. Mr. Rice replied that it is a dynamic, natural system and the District doesn’t 

have strong management controls over the lagoon; the faucet can’t be turned on and off. 

Regarding 2011 algae blooms and sea grass loss, they are looking at a plan of action to 

determine additional inputs to the system. They believe groundwater may have a much 

larger role in nutrient inputs than formerly believed. Most investigations have concentrated 

on stormwater runoff. 

Council Member Nowlin asked if weather affects algae blooms. An unusually hot summer 

will result in an increase in water temperature. Mr. Rice replied yes and stated that water 

temperature, salinity, and nutrients are important factors in algae blooms. 

Mr. Jones asked about cooperative efforts between SJRWMD and Florida Department of 

Transportation since many roadways border the river. Mr. Rice advised that FDOT is a selfpermitting 

agency. They have improved their treatment insufficiencies over the years and 

they are putting in retention ponds adjacent to roadways. In areas where they don’t have 

land for treatment facilities, they often direct that discharge into an adjacent water body. 

Mr. Rice closed by stating that the majority of runoff comes from inland areas, including 

creeks and canals. Folks who live miles inland affect the lagoon just as much as folks who 

live on the lagoon. 

Mayor Meehan stated that she has 32 sign-in sheets. Following discussion, Council asked 

people who spoke during the first public hearing to consider speaking at this meeting only if 

they have new information to add. 

Mayor Meehan opened the public hearing. 

Mark Nathan, Satellite Beach (unincorporated Brevard County), informed Council that he is a 

kayak guide. He stated that our river – the most bio-diverse river in North America – is in 

peril. In the past five years he has witnessed firsthand a 100% reduction in the sea grass. 





The bird population is on a steep decline and white pelicans and ducks, which are bottom 

feeders, are virtually gone. The recent algae blooms have decimated the sea grass and the 

food chain is broken. Leaking septic tanks, animal waste, chemicals and trash from 

roadways, and sewer contamination from careless contractors and homeowners have all 

contributed to the river’s decline. The number one reason for the dire straits of our river is all 

the nitrogen and phosphorus pouring into the river from fertilizers, which algae thrives on. 

Mr. Nathan asked Council to recognize the seriousness and impose a mandatory ban on 

fertilizer during the rainy season. He added that the state model is not enough. 

Bethany Thompson, 3864 Town Square Boulevard, asked Council to say no to unscientific 

restrictions that would enable code enforcement to come onto her private property to see 

how she fertilizes her own lawn. She asked how the City is going to enforce the ordinance; 

noted that protecting the Indian River is a goal everyone supports; and stated that healthy 

lawns are the best way to achieve that goal. She asked Council to adopt the ordinance as 

written. 

James Rizek, 1103 Bainbury Lane (West Melbourne), stated that he is a homeowner in 

Melbourne. He agreed with the previous speaker’s comments and said that based on 

studies he has done, septic tanks are the problem. Additionally, he commented that he 

believes that fertilizer companies follow best management practices for the most part. 

Restrictions shouldn’t be imposed during the growing season. He closed by asking how the 

ordinance will get enforced. 

From the audience, Erica Santella, representing Tru Green, Sorrento, Florida, waived her 

time and stated that she supports the ordinance as written. 

Dan Clark, 1248 Seminole Drive, Indian Harbour Beach, stated that he is a Melbourne 

resident. He said that if we are going to pass something, he would like to see it based on 

science. (Following Council Member Goode’s query, Mr. Clark said that although he’s not a 

Melbourne resident, he is a resident of Brevard County.) 

Luke Williams, 2429 Wolf Creek Drive, asked Council to adopt the FDEP model ordinance. 

He asked how the ordinance will be enforced and said that the model ordinance goes as far 

as it needs to while protecting his personal property rights. 

From the audience, Rob Solito, 5120 Commercial Drive (unincorporated Brevard County), 

waived his time and stated that he is in favor of the ordinance as written. 

Barry Troutman, Sanford, Florida, representing Valley Crest Landscape Maintenance, spoke 

in support of the model ordinance. He commented that his company has trained over 600 

employees in the best management practices, including use of fertilizer and the handling of 

lawn clippings. He closed by discussing the products and processes that his company 

follows. 

Mac Carraway, President of SMR Farms, Bradenton, said he is speaking on behalf of the 

Florida Turf Grass Association and the Turf Grass Producers of Florida. He added that he 





also served two terms on the Southwest Florida Water Management District. In that role, he 

has been involved in water conservation and water quality projects. Attempts have been 

made to say that the blackout period enacted on the West Coast is responsible for the 

recovery of sea grass in Tampa Bay, Sarasota Bay, and Charlotte Harbor. Mr. Carraway 

advised that those recoveries were well underway before ordinances were passed. There 

were massive changes in behavior, infrastructure, and policy from the West Coast. 

Education has been key; stormwater projects have remediated historical problems; and there 

has been a massive redirection of reclaimed water. 

Continuing, Mr. Carraway said that the issue at this meeting is the controversial blackout and 

formulation provisions, which are shown to promote the opposite effect. The FDEP model 

ordinance was painstakingly created with years of effort by a broad stakeholder group. It 

works and it represents the best kind of policy – driven by peer reviewed science focused on 

education, training, best practices, and collaboration. By contrast, blackout and formulation 

styled ordinances reflect the heavy handed regulatory and divisive approach that says it 

somehow makes sense to starve turf and landscape plants during their growing season and 

feed them when they are dormant. He closed by encouraging Council to adopt the 

ordinance as presented. 

Spence Guerin, 2112 Helen Street, recommended that Council relay on the expertise of 

people from the Marine Resources Council. Mr. Guerin stated that there has been an 

absence of dialogue between science and the City Council over this critical issue. 

David Botto, Marine Resources Council, said that the opposition to a strong ordinance has 

been refuted by the actual experience of the people on the West Coast. He commented that 

a strong ordinance is not a silver bullet that will solve all the problems in the lagoon. The 

model ordinance is not enforceable; it is vague and ambiguous. For example, the ordinance 

indicates the use of low or no phosphorus fertilizer. No phosphorus is defined as .5% or 

less; however, there is no upper limit on low phosphorus. He advised that the nitrogen 

section is even more complicated. 

Dr. Leesa Souto, Executive Director, Marine Resources Council, said she has a great deal of 

experience and knowledge on the socio-economics of this issue. With regard to the Vice 

Mayor’s question about sloped areas, Dr. Souto reported that they did a study at the 

stormwater management academy for the Florida Department of Transportation. FDOT was 

interested in that because their roadsides are often sloped and newly constructed. Through 

a three-year controlled experiment, depending on slope and species, the leachate and runoff 

contained 35 – 65% nitrate. DOT responded by no longer fertilizing roadsides and retention 

pond areas. She discussed the characteristics of nitrogen in general and noted that very 

little goes back to the atmosphere, which is where it came from originally. 

Council Member Jones and Dr. Souto briefly discussed Dr. Souto’s experience on the West 

Coast of Florida. Dr. Souto advised that she studied one subdivision in Sarasota. After five 

years, they found that there was no impact to turf grass quality. A brief discussion followed 

regarding red tide and whether there is a connection with the use of fertilizer. At the request 

of Mr. Jones, Dr. Souto provided her education and background. 





Ms. Tasker asked if there is a state statute that reads the same as the model ordinance. Ms. 

Souto replied that she doesn’t believe so. She added that the cities are being offered an 

opportunity to adopt a model ordinance, although she doesn’t believe there are any 

restrictions with cities going beyond the model. 

Attorney Gougelman advised that once you meet the test of being located in a watershed 

that is impaired by nutrients as referenced in state law, then the state statutes require you to 

adopt at a minimum FDEP’s model ordinance. If the City wants to go beyond that, based on 

statute language, we have to have a comprehensive program in place to address non-point 

sources of nutrient pollution. The term “comprehensive program” is not defined. The City 

Engineer is working on a master comprehensive program for the City; however, it’s not in 

place. Following review, Attorney Gougelman stated that staff reached the conclusion that 

the program needs to be something adopted by the local government. 

Ms. Tasker asked if the state has directed adoption of the model plan within any timeframe. 

The City Attorney replied no, although the statute has been on the books since 2009. 

Ms. Tasker asked Dr. Souto if adoption of the model ordinance would benefit the lagoon. 

Ms. Souto replied that, cautiously, she would like to think that it would. She added that many 

of the items in the model are already being done – typical best management practices. She 

said that she’s fearful the model ordinance is simply status quo. 

Council Member Thomas expressed support for pursuing a water improvement committee 

made up of members from each city along with interested organizations. Regardless of what 

happens with this ordinance, the best thing we can do is create a public awareness 

campaign focused on behavior and education to improve the water quality of the lagoon. 

Council Member Jones said that he was also thinking along those lines. If a working group is 

created, he recommended that a threshold be established so everyone knows what they are 

working towards. He commented that he believes it would take an organization to intervene 

and coordinate that effort. 

Michael Zeno, 983 Castile Road, Palm Bay, said he works mostly in the City. He stated that 

he supports the state DEP model ordinance. Mr. Zeno asked if there has been any 

discussion about exempting professionals who are certified, licensed and registered. 

Council Member Goode said that is a good question for the Florida Legislature, since it 

passed these regulations. 

Michael Alford, 1547 White Cap Way, stated that as a homeowner, he should have the right 

to do what he feels is best for his yard. 

Elliott Zace, 2777 Fitzpatrick Avenue, Palm Bay, said that the proposed ordinance demands 

a 50% slow release fertilizer, which is constantly being released. If we’re trying to stop the 

release of fertilizer from runoff or leaching, the way to do that is not by using slow release 





fertilizer. He asked that Council demand and support more education for homeowners and 

professionals and encouraged Council to not adopt the ordinance. 

Thomas Wilson, 2240 Woodwind Trail, said that he is a member of the industry. Research 

on the cost of what the City of Rockledge implemented reveals that it is going to increase 

costs, which will be passed on to customers. Consumers will be less able to afford the 

service because of increased costs and the effect is that jobs will be cut. Treatment of lawns 

will be put back in the hands of homeowners who don’t have training. 

Following brief discussion between Mr. Wilson and Council Member Jones, Mr. Wilson 

advised that slow release fertilizer is made differently, and it is far more expensive than a 

liquid soluble product. He closed by stating that he is in support of the state model 

ordinance. 

From the audience, Todd Josko waived his time and stated that he is in support of the 

ordinance. 

Steve Lum, Rockledge, President of Slug-a-Bug in Melbourne, expressed support for the 

ordinance as drafted. He commented that people in the industry will follow whatever the 

ordinance requires. It will not change what the homeowner does because of the issue of 

enforcement. Mr. Lum discussed certification, education, science, and the blackout period. 

Vice Mayor Tasker asked Mr. Lum if he would be opposed to a 10-foot voluntary fertilizer 

free zone on each side of streets without stormwater retention that drain to the Indian River 

Lagoon. 

Following discussion, Mr. Lum said he doesn’t have a problem with voluntary. 

Ms. Tasker briefly discussed the fact that low phosphate fertilizer is not currently defined. 

Linda Janse, 749 Everglade Drive, questioned who funded the study that was done by the 

University of Florida; discussed pelican droppings at Ballard Park; noted that three “sniffer 

dogs” have gotten sick, which the veterinarian said might be botulism; and recommended 

more restrictions. 

Mary Sphar, 819 Heron Road, Rockledge, referenced the correspondence between her and 

Dr. Michael Thomas at FDEP. She said that she contacted Dr. Thomas and asked questions 

about state law because legal questions seem to be causing the Council to hesitate on 

passing a strong ordinance. Ms. Sphar said that Dr. Thomas indicated that it is up to the 

local municipality to determine if its comprehensive program meets the criteria for 

establishing a more stringent ordinance. FDEP does not have the authority to authorize or 

reject any municipal action. 

Continuing, she said that based on her contact with FDEP, the City has to decide if its 

comprehensive program in its present state is sufficiently robust to qualify under the law. 





FDEP also indicated that it has no authority to challenge a local government fertilizer 

ordinance in a court of law, administrative hearing or other judicial setting. 

Cameron Donaldson, 2112 Helen Street, stated that the lagoon was super healthy before we 

had any turf grass in Florida. Turf grass is not part of our indigenous ecosystem and it is not 

essential for the health of the lagoon. Regarding regulation, she stated that Melbourne 

should be able to do its own thing. Regarding enforcement, the City has a lot of latitude; 

education is a great option. 

Tino Villaverde, 5225 Sorrell Drive, said that the reverse osmosis plant, which for years 

discharged into Crane Creek, has now moved to Ballard Park. He asked if that has anything 

to do with pelicans dying. He encouraged Council to pass the ordinance as it is written. 

From the audience, Mike Garoust, 3171 Tuscawillo Drive (unincorporated Brevard County), 

waived his time and stated he supports the ordinance. 

Rodney Smith, 265 S. Robert Way, Satellite Beach, said that he represents Brevard 

ecotourism interests, which is an expanding industry. Many people depend on a healthy 

Indian River Lagoon, including fishing guides, boat dealers, hoteliers, tour guides, 

restaurants, tackle shops, property owners and real estate business. The sea grass in the 

lagoon has been seriously impacted by overloading of nutrients, primarily nitrogen and 

phosphorus. If the health of the lagoon continues to degrade, the majority of bottle nosed 

dolphin and manatees will be gone in less than a generation. Mr. Smith closed by 

encouraging the City to adopt a strong fertilizer ordinance. 

Maureen Rupe, 7185 Bright Avenue, Port St. John, President of Partnership for Sustainable 

Future, a coalition of environmental groups, stated that she fully supports a more restrictive 

ordinance. She expressed disappointment that Representative Crisafulli would propose 

legislation restricting local ordinances, and stated that any preemption of local ordinances is 

wrong. The state has placed industry ahead of protection of our rivers and lagoons. 

Linda Behret, 5960 Herons Landing Drive, Viera, said that she is speaking on behalf of the 

Sierra Club. The Sierra Club, at the state and local level, is very concerned about the health 

of the Indian River Lagoon. It is in crisis, with sea grass continuing to disappear. Across the 

state, Tampa Bay has more sea grass now than any time since 1950. Tampa Bay is 

surrounded by some of the strictest fertilizer ordinances in the state. Therefore, Sierra Club 

is in favor of the strongest ordinance that the City can pass. Ms. Behret requested a rainy 

season ban on the use of nitrogen; nitrogen used at all other times be at least 50% slow 

release; no use of phosphorus without a soil test; and no exceptions to a 10-foot fertilizerfree 

zone between a body of water and landscaping. Education will be the issue, rather than 

enforcement. People will do the right thing if they know what it is. Ms. Behret closed by 

distributing educational items that other jurisdictions have developed with regard to this 

issue. 

From the audience, Suzanne Graham, 315 Groveland Terrace, Orlando, waived her time 

and stated that she supports the ordinance. 





Peter Snyder, Executive Director, Florida Turf Grass Association, Lakeland, stated that he 

represents sports turf managers, golf course superintendents, lawn care professionals, sod 

producers, and commercial/institutional groundskeepers. He provided the names of some of 

the research they have funded at the University of Florida, including “The Putting Speed of 

Paspalum,” and stressed that they have not funded one study on nutrient research. 

Mr. Snyder stated that he is here to advocate on behalf of healthy turf grass because science 

clearly shows that healthy turf grass provides the best filter of nutrients. It also cools the 

environment, improves carbon sequestration, provides recreational benefits, etc. Science 

clearly shows that more restrictive provisions, such as summer blackouts, will have 

unintended consequences of creating more nutrient leaching into water bodies. He stated 

that they are an extremely heavily regulated industry and provided examples. Mr. Snyder 

encouraged Council to pass the model that was developed by a consortium of very bright 

people. 

Mr. Jones asked what criteria the industry uses to judge good science. Mr. Snyder replied 

that they rely on peer review studies and reputable journals. He added that the eight-year 

study that came out of IFAS is spectacular science. 

Mr. Jones asked how the industry has adapted to more stringent guidelines in the Sarasota 

and Tampa area. Mr. Snyder replied that some people have packed up and left while others 

have raised their (rates). There have been layoffs because of the four-month blackout 

period. 

Mr. Jones asked what the industry’s approach is to phosphorus. Mr. Snyder replied that 

from his point of view, a soil analysis is required. Phosphorus should be used only when it’s 

needed. 

Mr. Snyder confirmed for Council Member Jones that a soil test costs about $10. He added 

that it’s only done when it appears there is a deficiency. 

Mr. Jones asked Mr. Snyder if his industry is committed to spending money to educate 

citizens, not just people in the industry. Mr. Snyder replied absolutely and elaborated. 

Vice Mayor Tasker asked Mr. Snyder if he would object to specific wording about a voluntary 

fertilizer free zone of 10 feet on each side of streets without stormwater retention that drain 

into the Indian River Lagoon. Mr. Snyder said that he could personally support voluntary, 

with education. 

Mrs. Tasker returned to the phosphorus language, where it states only no phosphorus or low 

phosphorus as defined in a specific Florida Administrative Code. She said that no 

phosphate is defined as products with a level below .5%. Low phosphate fertilizer means 

products with levels equal to or above .5%. She stated that this is vague and has no 

meaning. Anything above .5% could mean 97%; therefore, it’s legally insufficient. 





Discussion continued. Barry Troutman returned to the lectern and provided his background 

and expertise. He stated that the urban turf rule has specific limitations on phosphate. 

Unless there is a soil test, they are prohibited from using more than one-quarter pound of 

phosphate in a single application and no more than two of those applications per year. 

At Ms. Tasker’s request, the City Attorney read a different portion of the administrative code, 

which indicates that the amount of phosphate used is offset by the use of directions. For 

example, “fertilizers labeled as low phosphate shall have use directions that do not exceed 

an application rate of .25 pounds per application, etc.” 

Mr. Troutman elaborated on application. Ms. Tasker pointed out that this is not clear. 

Following continued discussion, Mr. Troutman stated that you can overuse a low phosphate 

fertilizer; therefore, it is a combination of the percentage and the rate of use. By saying that 

no more than .25 pounds can be used, the amount has been defined. The maximum 

phosphate in fertilizers available in the industry is 5%, unless it is a corrective or starter 

fertilizer. The urban turf rule indicates how much phosphate can be applied, the maximum 

limit of phosphate per application, and the number per year. 

Allen Fugler, Orlando, representing Florida Pest Management Association, said he is 

speaking on behalf of 169 companies based in Brevard County, many of which do work 

inside the City. He encouraged Council to pass the model ordinance and stated that stricter 

or stronger does not mean better or more effective. He discussed the licensing and 

certification process for people in the industry. 

Mark Slavens, West Palm Beach, lead science and technology group for the Scotts Miracle 

Gro Company, stated that they support policies designed to protect the natural resources 

that are based on sound science, peer reviewed science. He discussed his background in 

the area of research and encouraged Council to adopt the state model ordinance. 

Carol Hamilton, 522 Carmel Drive, Melbourne (unincorporated Brevard County), said that the 

property behind her home slopes to a lake, which eventually travels to the Indian River 

Lagoon. She discussed the results of her own study and requested Council consider 

imposing a summer fertilizer ban from June 1 through September 30. Ms. Hamilton 

discussed her decision to not fertilize her lawn during these months. She commented that 

her lawn is thick, green, and beautiful. 

Kathy Reinhold, 1277 Royal Birkdale Court, Rockledge, stated that Rockledge passed a 

strong ordinance because it is much easier to educate residents and enforce an ordinance 

when it contains clear, strong language. Rockledge also decided that this was the most cost 

efficient way to reduce the total maximum daily loads, which is almost an insurmountable 

challenge to accomplish within a limited city budget. Ms. Reinhold encouraged Council to 

adopt a strong ordinance based on the fact that there won’t be a legal challenge. She closed 

by saying that she spent the last week driving over the causeways looking for pelicans and in 

six days, she only saw two. The river is at a tipping point and it needs help. 

Mayor Meehan closed the public hearing. 





Mayor Meehan stated that she contacted Representative Crisafulli’s office and learned that 

he is not pleased with the inconsistent ordinances being adopted by the cities. She added 

that he is hoping to put a moratorium on local ordinances and require cities to support the 

state requirements. The Mayor advised that the state model ordinance is before Council for 

consideration. 

Council Member Goode said that the Legislature is designed to pass nothing but the budget. 

He stated that the City needs to adopt the (model ordinance). 

Moved by Goode/Meehan to adopt the motion as written (for approval of Ordinance No. 

2013-09 as written based on the findings contained in the Planning and Zoning Board 

memorandum). 

Council Member Nowlin said that based on testimony, commercial businesses are already 

complying with the regulations. He said that he can’t support burdening our residents with 

additional restrictions that will be difficult to enforce; therefore, he can’t support the 

ordinance. 

The question was called. The roll call vote was: 

Aye: Thomas, Jones, Goode, and Meehan 

Nay: Nowlin and Tasker 

Motion carried. 

Recessed: 

Reconvened: 

10:35 p.m. 

10:41 p.m. 

(After the meeting reconvened, Council proceeded to Item 13.) 

9. ORDINANCE NO. 2013-12 (CU-2013-01) K9 KAMPUS (240 N. HARBOR CITY 

BOULEVARD): (Second Reading/Public Hearing) An ordinance amending an existing 

conditional use to allow accessory outdoor areas in conjunction with an approved kennel on 

an existing 2.32±-acre parcel zoned C-2 (General Commercial), located on the west side of 

Harbor City Boulevard, north of Nelson Avenue, and south of Laurie Street. (Owners - 

Harbor City Melbourne, LLC and Riverside, LLC) (Applicant/Representative - Sherry 

Acanfora) (First Reading - 3/12/13) 

Attorney Gougelman read the ordinance by title. There were no disclosures by Council and 

the public hearing was opened/closed without comment. 

Sherry Acanfora-Ruohomaki, applicant, was available for questions. 





Moved by Goode/Thomas for approval of Ordinance No. 2013-12, based upon the findings 

and conditions contained in the Planning and Zoning Board memorandum. The roll call vote 

was: 

Aye: Thomas, Jones, Nowlin, Goode, Tasker and Meehan 

Motion carried unanimously. 

10. ORDINANCE NO. 2013-13 (AR-2012-235), ORDINANCE NO. 2013-14 (CPA-2012-02), AND 

ORDINANCE NO. 2013-15 (Z-2012-1182) TA ALTMAN/DIVINE MERCY 

COMMUNICATIONS: (Second Reading/Public Hearing) Ordinances providing for 

annexation, a Comprehensive Plan Amendment, and zoning designation on a total of 

157.81± acres and 1.01± acres of right-of-way, located on both sides of Jones Road, north of 

Eau Gallie Boulevard, west of I-95, and south of White Heron Lane. (Owners - TA Altman & 

Divine Mercy Communications, Inc.) (Applicants/Representatives - Brian Bussen, P.E. and 

Tres Holton, The Holton Group, LLC) 

a. Ordinance No. 2013-13/AR-2012-235: (Second Reading/Public Hearing) An 

ordinance providing for annexation of a total of 157.81± acres and 1.01± acres of 

right-of-way. (First Reading - 3/12/13) 

b. Ordinance No. 2013-14/CPA-2012-02: (Second Reading/Public Hearing) An 

ordinance providing for a Comprehensive Plan Amendment to establish a Mixed 

Future Land Use on 17.90± acres; an Institutional Future Land Use on 32.69± acres; 

an Agriculture Future Land Use on 107.22± acres; and a text amendment to the 

Mixed Future Land Use Element, restricting development until the roadway is 

constructed. (First Reading - 3/12/13) 

c. Ordinance No. 2013-15/Z-2012-1182: (Second Reading/Public Hearing) An 

ordinance establishing C-1 (Neighborhood Commercial) zoning on 17.90± acres; I-1 

(Institutional) on 32.69 acres; and AEU (Agricultural Estate Use) on 107.22± acres. 

(First Reading - 3/12/13) 

The City Attorney read each ordinance by its title. There were no disclosures by Council. 

The Mayor opened the public hearing. 

Tres Holton, representing the applicant, referenced the concessions that have been made to 

accommodate the neighbors. He closed by stating that he is available for questions. 

Robert Pechacek, 4950 Evinrude Road, stated that he does not want the commercial 

property. He added that he does not have a problem with placement of the antenna. With 

regard to the (Future Land Use Element policy that will require construction to begin on 

Washingtonia Parkway before commercial/professional office development can be built on 

the site), he asked if this condition will remain in place if the property is sold or something 

happens to Mr. Altman. 





Attorney Gougelman advised that the requirement will run with the land. It may only be 

changed by City Council following public notice and public hearing. 

Kathy Pechacek, 4950 Evinrude Road, asked if there is any way the commercial portion can 

be removed from consideration. She confirmed that she is not opposed to the annexation. 

Ms. Pechacek closed by asking Council to consider the cost to the City to maintain the new 

future roadway. 

Frank Hunter, 5485 Evinrude Road, invited Mr. Altman to speak with the neighborhood. Mr. 

Hunter stated that the City should not add property west of I-95. This is the location of our 

water supply and if the wetlands are destroyed, the City will not be able to supply water to its 

existing customers. Mr. Hunter discussed wildlife in the area and closed by saying that he is 

against Jones Road being turned into a major highway. 

Moved by Goode/Thomas for approval of Ordinance No. 2013-13. The roll call vote was: 



Moved by Tasker/Thomas for approval of Ordinance No. 2013-14. 



Moved by Thomas/Tasker for approval of Ordinance No. 2013-15. 



11. ORDINANCE NO. 2013-16 (CPA-2012-03) AGRICULTURE FUTURE LAND USE: (Second 

Reading/Public Hearing) An ordinance amending the Future Land Use Element of the 

Comprehensive Plan to establish an Agriculture Future Land Use category. (Applicant - City 

of Melbourne) (First Reading - 3/12/13) 

The City Attorney read Ordinance No. 2013-16 by title. Mayor Meehan opened the public 

hearing. There were no comments. 

Moved by Goode/Thomas for approval of Ordinance No. 2013-16, based on the findings 

contained in the Planning and Zoning Board memorandum. The roll call vote was: 







12. ORDINANCE NO. 2013-17 (CPA-2012-04) WATER SUPPLY FACILITIES WORK PLAN: 

(Second Reading/Public Hearing) An ordinance providing for a Comprehensive Plan 

Amendment amending the text of the Capital Improvements and Infrastructure Elements by 

moving the Capital Improvements Schedule into the Water Supply Facilities Work Plan. 

(Applicant - City of Melbourne) (First Reading - 3/12/13) 

Attorney Gougelman read Ordinance No. 2013-07 by title. There were no comments during 

the public hearing. 

Moved by Thomas/Tasker for approval of Ordinance No. 2013-17, based on the findings 




At this point, Council returned to Item 8 on the agenda. After Item 8 was considered, Council 

continued with the agenda: 

13. ORDINANCE NO. 2013-18 (CPA-2012-05) AND ORDINANCE NO. 2013-19 (Z-2012-1185) 

COUNTRY TIME #1, LTD (SUPER FLEA): Ordinances providing for a Comprehensive Plan 

Amendment and zoning designation on 44.29± acres, located west of Interstate 95 and south 

of Eau Gallie Boulevard. (Owner/Applicant - Country Time #1, Ltd.) (Representative - Keith 

Pelan, Kimley-Horn & Associates) 

a. Ordinance No. 2013-18/CPA-2012-05: (Second Reading/Public Hearing) An 

ordinance providing for a Comprehensive Plan Amendment establishing a Mixed Use 

Future Land Use on 44.29± acres. (First Reading - 3/12/13) 

b. Ordinance No. 2013-19/Z-2012-1185: (Second Reading/Public Hearing) An 

ordinance establishing C-P (Commercial Parkway) zoning on 44.29± acres. (First 

Reading - 3/12/13) 

The City Attorney read the title of each ordinance. There were no comments during the 

public hearing. 

Moved by Goode/Tasker for approval of Ordinance No. 2013-18, based on the findings 

contained in the Planning & Zoning memorandum. The roll call vote was: 



Moved by Goode/Thomas for approval of Ordinance No. 2013-19, based on the findings 

contained in the Planning & Zoning memorandum. The roll call vote was: 







14. ORDINANCE NO. 2013-20 (FOC-2013-02/Z-2013-1186AD) ALCOHOL REGULATIONS: 

(Second Reading/Public Hearing) An ordinance amending Chapter 3 of the City Code 

entitled “Alcohol,” and Appendix B of the Zoning Code, by updating alcohol regulations to 

reflect the current terminology of the Florida Statutes. (Applicant - City of Melbourne) (First 

Reading - 3/12/13) 

Attorney Gougelman read the ordinance by title. The public hearing was held without 

comment. 

Moved by Thomas/Jones for approval of Ordinance No. 2013-20, based on the findings 




NEW BUSINESS 

15. COUNCIL ACTION RE: Contract award for construction of the South Beaches A1A 16-inch 

water line, Project No. 30412, Danella Construction Corporation of Florida, Inc., Melbourne, 

FL - $797,847; and transfer of $490,000 from the Water Line Improvements Flow and Fire 

Project (No. 30212) to supplement this project budget. 

City Engineer Jenni Lamb reviewed the agenda report and read the recommendation. 

Moved by Goode/Thomas for approval of the construction contract with Danella Construction 

Corporation of Florida, Inc. in the amount of $797,847 for South Beaches A1A 16-inch Water 

Line, Project No. 30412 and a budget transfer of $490,000 from Two-Inch, Four-Inch, and 

Six-Inch Water Line Improvements Flow and Fire Project (No. 30212) to supplement this 

project budget. Motion carried unanimously. 

16. COUNCIL ACTION RE: Approval of the Continuing Contract for Professional Water and 

Wastewater Hydraulic Modeling and Permitting Consulting Services between the City of 

Melbourne and Reiss Engineering, Inc., Winter Springs, FL for projects with construction 

costs not to exceed $2,000,000 and studies not to exceed $200,000. 

Ms. Lamb introduced the item and read the recommendation. 

Moved by Thomas/Goode for approval of the Continuing Contract for Professional Water and 

Wastewater Hydraulic Modeling and Permitting Consulting Services between the City of 

Melbourne and Reiss Engineering, Inc., Winter Springs, FL for projects with construction 





costs not to exceed $2,000,000 and studies not to exceed $200,000. Motion carried 

unanimously. 

17. COUNCIL ACTION RE: Approval of the Continuing Contract for Professional Traffic Signal 

Retiming Consulting Services between the City of Melbourne and Albeck Gerken, Inc., 

Tampa, FL for projects with construction costs not to exceed $2,000,000 and studies not to 

exceed $200,000. 

Ms. Lamb reviewed the agenda report and read the recommendation. She noted that the 

first order of business once the construction is finished on U.S. 1 will be retiming the signals. 

Moved by Thomas/Goode for approval of the Continuing Contract for Professional Traffic 

Signal Retiming Consulting Services between the City of Melbourne and Albeck Gerken, 

Inc., Tampa, FL for projects with construction costs not to exceed $2,000,000 and studies 

not to exceed $200,000. Motion carried unanimously. 

18. CONSENT AGENDA: 

Moved by Goode/Thomas for approval of the consent agenda as recommended. Motion 

carried unanimously. 

a. Approval of a Contract for Sale and Purchase between the City of Melbourne and 

James J. Scaglione, Richard Gurlek, James Trout, and David Alexander for a 0.12- 

acre parcel for the U.S. 1 Scenic Corridor and Linear Park, Project No. 74006, at a 

cost of $6,000. 

b. Approval of an Amendment to Existing Agreement between Brevard County Space 

Coast Area Transit and the City of Melbourne providing for the addition of Route No. 

24 to the free service area for City residents at an additional annual cost of $26,084; 

reflecting a total of $4,347.25/monthly and $52,167/annually. 

c. Blanket purchase of bulk gasoline and diesel fuel April 1, 2013 through September 

30, 2013, Glover Oil Company, Melbourne, FL - $268,421; Mansfield Oil Company, 

Gainesville, GA - $452,143; and fuel card purchases, Wright Express Financial 

Services Corporation, South Portland, ME - $470,469; total estimated six-month cost 

of $1,191,033. 

d. Purchase of 22,000 pounds of PA-110-PWG dry polymer for the Lake Washington 

Surface Water Treatment Plant, KED Group, Inc., Orlando, FL - $34,980. 

e. Approval of a waiver of the City’s subordination policy and granting of a loan 

subordination request for property located at 4090 Bayberry Drive. (Applicant - Rebecca 

Stafford) 

f. Approval of a Termination of the Contract for Sale and Purchase between the City of 

Melbourne and The Lofts of Melbourne for the municipal parking lot, located on 





Strawbridge Avenue behind Meg O’Malley’s; and authorization for the City Manager 

to execute the agreement. 

g. Lien Rescission CE-12-025: Approval for a lien to remain at $27,500 with 

authorization for the City Manager to satisfy the lien if $1,407.48 is paid within six 

months for property located at 339 Patrick Circle. (Applicant - Mable R. Frazier) 

h. Lien Rescission CE-12-015: Approval for a lien to remain at $4,900 with authorization 

for the City Manager to satisfy the lien if $1,094.85 is paid within 90 days for property 

located at 1819 Mosswood Drive. (Applicant - Barbara E. Vrabel) 

i. Resolution No. 3331: A resolution amending the City of Melbourne Ad Valorem Tax 

Exemption Guidelines to reflect updated county wage data provided by Enterprise 

Florida and the Florida Department of Economic Opportunity to be utilized in 

determining degrees and length of exemption recommendations for new or expanding 

businesses pursuant to Section 30-65(i), City Code. 

j. Resolution No. 3332: A resolution approving an Agreement for Professional Services 

between the City of Melbourne and the Office of the State Attorney for prosecution of 

municipal ordinances; and authorizing the City Manager to execute the agreement. 

19. ITEMS REMOVED FROM THE CONSENT AGENDA 

20. ORDINANCE NO. 2013-21 (A&V NO. 346): (First Reading/Public Hearing) An ordinance 

vacating a 10-foot wide by 90-foot deep portion of two five-foot wide public utility and 

drainage easements, located along the easterly line of 2429 and the westerly line of 2417 

Iowa Drive. (Applicants - Carol & Timothy Ball) 

Attorney Gougelman read Ordinance No. 2013-21 by title. Ms. Lamb reviewed the agenda 

report and pointed out that the applicants own both lots. 

There were no disclosures by Council and no comments during the public hearing. 

Moved by Jones/Tasker for approval of Ordinance No. 2013-21. 

unanimously. 

Motion carried 

21. COUNCIL ACTION RE: (Public Hearing) Airport Authority/City of Melbourne property 

exchange for South Sarno Road Drainage Improvements, Project No. 20105. 

a. Ordinance No. 2013-22: (First Reading/Public Hearing) An ordinance authorizing 

disposition of City-owned, vacant real property, located along the west side of Nieman 

Avenue, east of the Florida East Coast Railway, and south of Laurie Street, to the City 

of Melbourne Airport Authority; approving the purchase agreement and deed; and 

authorizing the City Manager to execute, accept, and record related documents, and 

record documents removing grant restrictions. 





b. Resolution No. 3333: A resolution authorizing disposition of real property, located 

west of Apollo Boulevard and north of General Aviation Drive within the Melbourne 

International Airport, from the City of Melbourne Airport Authority. (Approval effective 

subsequent to approval of Ordinance No. 2013-22 on second reading.) 

Attorney Gougelman read the ordinance by title. Assistant City Attorney Alison Dawley 

reviewed the agenda report. The following is an excerpt: 

The properties to be swapped are: 1) the City-owned “Evergreen Village Property,” subject to 

St. Johns River Water Management District (“SJRWMD”) grant restrictions and 2) the Cityowned, 

Airport-managed “Alternate Stormwater Site”, subject to federal airport restrictions. 

The exchange has been approved by all interested parties, including SJRWMD, and the 

Airport Authority, and conceptually approved by Melbourne City Council and the Federal Air 

Administration. 

City Code requires an ordinance for the conveyance of the Evergreen Village Property from 

the City and a resolution for the conveyance of the Alternate Stormwater Site from the Airport 

Authority. 

Mr. Jones asked what will happen to the restrictions on the property during this transaction. 

Attorney Dawley said that SJRWMD placed the current restrictions on the property because 

they paid for the parcel. When the properties are swapped, the restrictions will move to the 

alternate parcel that the City is receiving. The 22-acre parcel will not have restrictions when 

the swap is complete. 

Discussion followed regarding the zoning on the property and plans by the Airport for use of 

the property. 

Mr. Jones expressed reservations about surrendering developable land that is zoned 

industrial. He asked why we can’t find drainage elsewhere and obtain the same release of 

restrictions. This item will result in the City getting a canal in exchange for 22 acres located 

along the railroad. 

Ms. Dawley explained that the property was purchased by St. Johns with a contingency that it 

can only be used for treatment. The only reason they are releasing it is because we are 

swapping with another property. If we don’t use the Evergreen Village property for that 

purpose, St. Johns will either collect the money from us or get the property back. It is not the 

City’s to build on. She referenced the appraisals in the agenda package, which show both 

properties are comparable. 

A brief discussion followed. 

Moved by Goode/Jones to extend the meeting (beyond 11:00 p.m.). Motion carried 

unanimously. 





Moved by Thomas/Tasker for approval of Ordinance No. 2013-22. Motion carried. Council 

Member Jones voted nay. 

22. COUNCIL ACTION RE: (Public Hearing) Approval of the First Amendment to the Melbourne 

Center Land Development Interlocal Agreement between the City of Melbourne and the City of 

West Melbourne regarding development of a 0.318±-acre property, located west of Wickham 

Road, south of Wuesthoff Hospital, and north of Ellis Road; and authorization for the City 

Manager to execute and record the agreement. (P&Z Board - 3/07/13) 

Mrs. Dittmer reviewed the agenda report and located the property on the map. Mayor 

Meehan opened the public hearing. There were no comments. 

Moved by Jones/Thomas for approval of the First Amendment to the Melbourne Center Land 

Development Interlocal Agreement between the City of Melbourne and the City of West 

Melbourne, and authorization for the City Manager to execute and record the agreement. 


23. COUNCIL ACTION RE: Eau Gallie Historic District Design Guidelines and District Designation. 

(Applicant - City of Melbourne/Historic Preservation Board) (P&Z Board - 3/07/13) 

a. Ordinance No. 2013-23/Z-2013-1187AD/FOC-2013-03: (First Reading/Public 

Hearing) An ordinance amending Chapter 10, Article XI, by adding Section 10-233, 

Eau Gallie Historic District; and amending Appendix B, Article IX, Section 8, related to 

administrative waivers for designated historic districts. 

b. Resolution No. 3334: A resolution adopting the Eau Gallie Historic District Design 

Guidelines. (Council will consider this item following second reading of the 

ordinance.) 

c. Resolution No. 3335/HD-2013-01: A resolution adopting the Eau Gallie Historic 

District Designation. (Council will consider this item following second reading of the 

ordinance.) 

Attorney Gougelman read Ordinance No. 2013-23 by title. Mrs. Dittmer reviewed the agenda 

report. At its February 19 meeting, the Historic Preservation Board voted unanimously to 

recommend approval. The Planning and Zoning Board voted unanimously to recommend 

approval at its March 7 meeting. 

Mr. Jones referenced the voluntary aspect of the historic code. Mrs. Dittmer explained that 

the voluntary nature of the Code was based on Council’s desire at the time of adoption. Mr. 

Jones asked staff to look at tightening some of the provisions of the Code in the future. 

There were no disclosures by Council and no comments during the public hearing. 

Moved by Goode/Jones for approval of Ordinance No. 2013-23. Motion carried 

unanimously. 





24. ORDINANCE NO. 2013-24, UTILITIES: (First Reading) An ordinance amending Chapter 32 

of the City Code, entitled “Utilities,” providing for amendments to the monthly service rates 

for water and wastewater by capping the maximum ERCs (equivalent residential 

connections) at 50 for meters larger than six inches. 

Attorney Gougelman read the Ordinance by title. Director of Finance Michele Ennis 

reviewed the agenda report. 

Council briefly discussed the status of the water agreement with West Melbourne. 

Moved by Thomas/Tasker for approval of Ordinance No. 2013-24. Motion carried 

unanimously. 

25. ORDINANCE NO. 2013-25, CITY COUNCIL ELECTION DISTRICTS: (First Reading) An 

ordinance amending Chapter 11 of the City Code, entitled “Elections,” by altering the 

description of City Council Districts Two and Five to include two annexation ordinances 

adopted in 2012. 

Attorney Gougelman read the ordinance by title. 

Moved by Goode/Thomas for approval of Ordinance No. 2013-25. 

unanimously. 

Motion carried 

Council convened as the Melbourne Downtown Community Redevelopment Agency for the 

following item: 

26. COUNCIL ACTION RE: Approval of a $15,224 reimbursement grant award for facade 

improvements at 501-505 East New Haven Avenue; and authorization for the City Manager 

to execute the rebate agreement. (Applicant - Sound Realty and Investments, Inc.) 

Moved by Goode/Thomas for approval of $15,224 in CRA funding from CIP #18099 

“Downtown Facade Improvement Program” for facade improvements at 501-505 East New 

Haven Avenue, and authorization for the City Manager to enter into a rebate agreement with 

the applicant. Motion carried unanimously. 

Council convened as the Babcock Street Community Redevelopment Agency for the following item: 

27. COUNCIL ACTION RE: Approval of proposed amendments to the Babcock Street 

Community Redevelopment Facade Improvement Program Guidelines. 

Mrs. Dittmer introduced the item. 

Moved by Goode/Thomas for approval. Motion carried unanimously. 





Council reconvened for the remaining items. 

Added to the agenda: 

27.1 ORDINANCE NO. 2013-26: (First Reading) An ordinance relating to the economic 

development ad valorem tax exemption granted to confidential Project Tricolor; amending 

Ordinance No. 2013-06 by increasing the period of tax exemption from two years to three 

years for an estimated total of $16,522.74. 

The City Attorney read the ordinance by title. Mrs. Dittmer reviewed the agenda report. The 

Florida Department of Economic Opportunity requested that the ordinance that granted the 

two-year exemption be amended by providing for a three-year exemption to meet the local 

match requirement for the Qualified Target Industry Program. Due to a lower property 

valuation by the Property Appraiser’s Office, the two-year exemption will not reach the 

required 10% local match by the City. 

Moved by Tasker/Jones for approval of Ordinance No. 2013-26. Motion carried 

unanimously. 

28. PETITIONS, REMONSTRANCES, AND COMMUNICATIONS 

Mr. Jones referenced a recent St. Baldrick’s (foundation that funds childhood cancer 

research) fund raising event held in the community. A resident from his district, James 

Teele, was the winning bidder to shave Commissioner Anderson’s head by raising $645. 

29. ADJOURNMENT 

Moved by Goode/Tasker to adjourn. Motion carried unanimously. 

The meeting adjourned at 11:25 p.m. 

City Clerk – 4/4/2013 

Approved by Council: 

Page 26 of 26

March 26 - City of Melbourne, Florida

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