CITY OF MELBOURNE, FLORIDA MINUTES REGULAR MEETING BEFORE CITY COUNCIL AUGUST 22, 2017

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1 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 Assistant Pastor Terry Dye, First Baptist Church of South Brevard. 2. Pledge of Allegiance. 3. Roll Call Present: Kathy Meehan Mayor Tim Thomas Council Member, District 1 Betty Moore Council Member, District 2 Yvonne Minus Council Member, District 3 Debbie Thomas Vice Mayor, District 4 Paul Alfrey Council Member, District 5 Teresa Lopez Council Member, District 6 Michael A. McNees City Manager Alison Dawley City Attorney Shannon Lewis Deputy City Manager Cathleen A. Wysor City Clerk Kevin McKeown Assistant City Clerk Cindy Dittmer Community Development Director 4. Proclamations and Presentations The Mayor issued a proclamation to Tammy Sandberg, 1 st Vice Regent, Commodore John Barry Chapter, National Society Daughters of the American Revolution, declaring September 17-23, 2017, as Constitution Week. The Mayor presented a certificate of recognition to Rev. Kimberly B. Stockton, Pastor, recognizing the 124 th anniversary of the Greater Ward Chapel A.M.E. Church. 4.1 Presentation of Employee Service Awards Employees who reached a milestone of service during the month of August 2017 were invited to the City Council meeting to accept a service pin and gift card. Mark Whitright, Police Operations, 20 years, attended the meeting and was recognized by the Mayor & City Council and City Manager. 5. Approval of Minutes July 31, 2017 budget workshop meeting and August 8, 2017 regular meeting. Moved by Moore/T. Thomas for approval. Motion carried 6. City Manager's Report Page 1 of 8

2 Council Member Tim Thomas referenced the purchase of ammunition for the Police Department in the City Manager s report and asked how long the ammunition will last. City Manager Mike McNees estimated several months. 7. Public Comments Musa Rukab, 725 Brookside Drive, submitted a packet of information to Council containing information about a 2012 variance application for his dock, the county s regulations pertaining to the height of dock structures, and the city s regulations relating to same. He described his experience with reconstructing and expanding his dock since purchasing his home in Mr. Rukab asked the City Council to consider amending the City Code to allow a height of 20 for covered dock structures so he can complete his structure. He noted that his neighbors, located in the county, have such an allowance, and he would like the same consideration. Following a brief discussion, City Attorney Alison Dawley recommended that Council study the property and understand the specific facts before making any decisions. Bruce Mochwart, 2235 Canopy Drive, accompanied by Robert McFee, 2105 Canopy Drive, reported that Mr. McFee approached the homeowners association with concerns about portions of his backyard being consumed by a city drainage ditch. Nine other homes in the area are experiencing the same problem. Mr. McFee was advised by the city that there is nothing the city can do since his property line extends to the middle of the ditch. Mr. Mochwart stated that the ditch banks must be repaired. Council Member Betty Moore confirmed that she met Mr. Mochwart at the property to view the situation and referred the issue to staff for action. Mr. McNees stated that the city will investigate the situation and, if the city has a responsibility, the city will take care of the work. He stressed that the details need to be sorted prior to saying that the city has sole responsibility for addressing the problem. (During discussion, Public Works and Utilities Director Ralph Reigelsperger provided Mr. Mochwart with his contact information.) NEW BUSINESS 8. COUNCIL ACTION RE: Hickory Street Complete Street Project a. Resolution No. 3662: A resolution approving a Local Agency Program Agreement with the Florida Department of Transportation for the Hickory Street Complete Street Project (No ); and authorizing the City Manager to execute the agreement. b. Resolution No. 3663: A budget resolution to appropriate Florida Department of Transportation contributed funds and Mobility Impact Fees into Hickory Street Complete Street, Project No Page 2 of 8

3 City Engineer Jenni Lamb reported that the project will go out to bid for a third time at the end of August. She referenced prior bids that were submitted over-budget due to the preliminary design of the project not taking into account the true cost of completing the project. In an effort to reduce costs, aesthetic enhancements like pavers, landscaping, irrigation, and decorative stamped crosswalks will be placed into bid alternatives, meaning the city can eliminate one or several of the enhancements at its discretion. FDOT and the Space Coast Transportation Planning Organization have committed to looking for additional funding to help the city complete the project. Council Member Teresa Lopez asked how much the city s share of the project will be. Ms. Lamb replied $3.2 million, of which $2 million is utility related. Mayor Meehan asked if Hickory Street in front of Holmes Regional Medical Center will be considered priority. Ms. Lamb replied that FDOT will not allow the city to phase the project. Moved by Minus/D. Thomas for approval of Resolution No Motion carried Moved by Lopez/Minus for approval of Resolution No Motion carried 9. COUNCIL ACTION RE: Contract award for the Water Production Facility Evaluation and Master Plan Project, Project No , to CH2M Hill Engineers Inc., Orlando, FL - $500,000. Ralph Reigelsperger, Public Works and Utilities Director, reviewed the agenda report and read the recommendation. Moved by Moore/Alfrey for approval of the professional engineering services contract with CH2M Hill Engineers Inc. of Orlando, Florida, in the amount of $500,000 for the Water Production Facility Evaluation and Master Plan, Project No Motion carried 10. RESOLUTION NO. 3664, STORMWATER UTILITY BUDGET: (Public Hearing) A resolution to adopt an annual stormwater utility budget for the fiscal year beginning October 1, 2017 in the amount of $2,925,000. Ms. Lamb reviewed the agenda report and noted that the budget is the same as presented during the July 31 budget workshop. There were no comments during the public hearing. Moved by T. Thomas/D. Thomas for approval of Resolution No Motion carried Page 3 of 8

4 11. RESOLUTION NO. 3665, CERTIFICATION OF STORMWATER ASSESSMENT ROLL: A resolution certifying the Stormwater Utility Assessment Roll. Ms. Lamb reviewed the agenda report and read the recommendation. Moved by D. Thomas/Moore for approval of Resolution No Motion carried 12. ORDINANCE NO (A&V NO. 368): (First Reading/Public Hearing) An ordinance vacating a portion of a 15-foot wide alley located south of W.H. Jackson Street, east of the Florida East Coast Railway and west of South Harbor City Boulevard, adjacent to lots 4,5, and 7 of the J.S. Stone s Addition to South Melbourne, as recorded in Plat Book 1, Page 60. Attorney Dawley read the ordinance by its title. Ms. Lamb reviewed the agenda report and read the recommendation. There were no disclosures by Council and no comments during the public hearing. Moved by T. Thomas/Moore for approval of Ordinance No Motion carried 13. CONSENT AGENDA: a. Purchase of EMC Data Domain Storage Backup maintenance agreement, Presidio Networked Solutions, Orlando, FL - $38, b. Contract for Agenda Management Software Solution, Business Information Systems, Inc.; Fort Lauderdale, FL total five year cost $39,000. c. An amendment to Personnel Policies and Procedures, Section 5.1 In-House Training and Educational Assistance (Tuition Reimbursement Program). d. Purchase of Metropolitan Area Connectivity Services for Water Production remote facilities, Spectrum, Melbourne, FL - $107,580. e. Resolution No. 3666: A resolution authorizing the City Manager to submit a grant application to Firehouse Subs Public Safety Foundation for funding in the amount of $22, for the purchase of protective firefighting hoods. f. Resolution No. 3667: A resolution authorizing the City Manager to submit a grant application to the U.S. Department of Justice, Office of Justice Programs, for 2017 Edward Byrne Memorial Justice Assistance Grant funding in the amount of $48,141 for the purchase of replacement laptops for patrol, a replacement DIVE trailer, and replacement ammunition for duty and training. Page 4 of 8

5 g. Resolution No. 3668: A resolution authorizing the City Manager to execute the First Amendment to the Water Franchise Agreement between the City of Melbourne and the Town of Melbourne Beach in order to temporarily extend the existing agreement to operate and maintain a water distribution system in the Town of Melbourne Beach for an additional six months pending finalization of a new agreement. Item c was removed from the consent agenda based on the submittal of a request to speak form. Moved by Minus/D. Thomas for approval of the consent agenda, less Item c. Motion carried 14. ITEMS REMOVED FROM THE CONSENT AGENDA c. An amendment to Personnel Policies and Procedures, Section 5.1 In-House Training and Educational Assistance (Tuition Reimbursement Program). Colleen Chamberlain, Melbourne Police Department Support Services employee, discussed the purpose of the tuition reimbursement program and stated that she currently participates in the program. Four civilian employees in the Police Department are currently participating in a Master s degree program through the Florida Institute of Technology. This change to the policy will place an unexpected financial burden on these employees. The proposed $2,000 reimbursement will barely cover the cost of two graduate courses or three undergraduate courses. Ms. Chamberlain asked that employees currently in the program be grandfathered in or suggested the benefit be raised to $2,500. Dr. Kimberly Foxworth, Human Resources Director, stated that staff has been reviewing policies and procedures to identify any inconsistencies. The challenge with the current policy is the distribution of the benefit evenly among the participating employees based on the availability of funds in the budget. $39,000 for tuition reimbursement does not go a long way. In collaboration with department heads, Dr. Foxworth said that the maximum distribution was capped at $2,000 in an effort to distribute the money evenly. Employees should not have an expectation that the city will cover the cost of their entire education. Vice Mayor Debbie Thomas asked how the funding is paid out. Dr. Foxworth stated that the city does not know how many individuals will apply for assistance; therefore, employees are asked to provide information to their department in advance. Human Resources will then look at the budget and the number of applications to determine if there is money available to approve the employee s request. At the end of the course, once a grade is received, the employee is reimbursed. Page 5 of 8

6 Vice Mayor Thomas suggested distributing any leftover funds to employees who may not have received full reimbursement. Dr. Foxworth responded to general questions from Council Members. Council requested information on the budget amount and the number of city employees who participate in the program. Mr. McNees stated that one of the reasons this policy is being re-written is that money was being budgeted randomly by individual departments. He commented that approvals to participate in the program are given semester by semester; employees apply for reimbursement for specific classes not for an entire degree program. There isn t a grandfathering issue; however, it is reasonable to think this change might affect those employees who committed to pursuing a degree under the former policy. Mr. McNees noted that Vice Mayor Thomas idea is fairly consistent with the fire union contract. Moved by Moore/Alfrey to approve consent agenda Item c (with an amendment that will provide for the distribution of residual funds in the budget to employees in the program who may not have received full reimbursement). Motion carried Vice Mayor Thomas asked for an update on the policy once finalized and implemented. 15. ORDINANCE NO (CU /SP ) STORAGE DEPOT 2: (First Reading/Public Hearing) An ordinance granting a conditional use to allow mini-storage on 2.13± acres with site plan approval to construct a three-story, 500-unit, mini-storage building, a new single-story, 9,787± square foot, office building and an 849± square-foot outdoor dining area addition at an existing restaurant on 8.6± acres all zoned C-P (Commercial Parkway), located on the south side of East Eau Gallie Boulevard, west of Unity Drive, and east of Riverside Drive. (Owner/Applicant James M. Kaufman, Trustee) (Representative Richard Kern, RK Engineering and Associates) Attorney Dawley read the ordinance by its title. Community Development Director Cindy Dittmer reviewed the agenda report, located the property on a map, and read the recommendation. On August 3, the Planning & Zoning Board voted unanimously to recommend approval of this request. The Mayor called for disclosures. Council Member Moore stated that before the start of the meeting, she had a discussion with the applicant and Ms. Dittmer regarding Oceanside Village, the church nearby, and fencing. The Mayor opened the public hearing. There were no comments from the audience. Moved by Moore/Alfrey for approval of Ordinance No with site plan approval (SP ) based on the findings and conditions contained in the Planning and Zoning Board memorandum. Motion carried Page 6 of 8

7 16. ORDINANCE NO , ZONING CODE TEXT AMENDMENT (Z AD) AND LAND DEVELOPMENT REGULATIONS (LDR ) SIGN CODE AMENDMENT: (First Reading/Public Hearing) An ordinance amending City Code Part III, Appendix B and Appendix D to allow nonconforming signs damaged or destroyed by Acts of God or accidents to be rebuilt. (Applicant/Representative City of Melbourne). Attorney Dawley read the ordinance by its title. Ms. Dittmer reviewed the agenda report and read the recommendation. On August 3, the Planning and Zoning Board voted five to one to recommend approval of this request. The Mayor opened the public hearing. There were no comments. Moved by Alfrey/Moore for approval of Ordinance No , based upon the findings contained in the Planning and Zoning Board memorandum. Motion carried 17. PETITIONS, REMONSTRANCES, AND COMMUNICATIONS Marvin Patrick Moffett, 110 Colibri Way, Unit 106, commented on: his arrest by the Melbourne Police Department for an injunction that does not exist; injuries he received as a result of being jailed; harassment by the police; his desire to see University Boulevard renamed in honor of Dr. Martin Luther King, Jr.; and being trespassed from the Joseph N. Davis Community Center for simply writing an employee a letter from jail. Mr. McNees recommended that Mr. Moffett file a complaint with the Melbourne Police Department. He added that information regarding the trespass order will be mailed to Mr. Moffett. Council Member Alfrey discussed the proposed additional homestead exemption amendment that has the potential to eliminate approximately $1.5 million from the city s General Fund, along with the need for a new Police Department facility that will cost millions. Mr. Alfrey stated that the city needs to begin preparing for these financial issues. As a starting point, he recommended that the city stop providing funding for the (Memorial Day, Fourth of July, Veterans Day, and Melbourne Light) parades. Moved by Alfrey/Lopez to (discontinue funding of the four parades mentioned above). Mr. Thomas stated that he supports Mr. Alfrey s idea and added that the city needs to look at the financial stability of the golf courses. Ms. Lopez confirmed for Ms. Minus that the funding of the four parades amounts to $13,500. Mr. Alfrey said that any non-profit organization can raise that amount of money. Even if the proposed homestead exemption fails, the city still needs to find money for a new Police Department facility. Page 7 of 8

8 The question was called. The roll call vote was: Aye: Lopez, T. Thomas, Alfrey and D. Thomas Nay: Moore, Minus and Meehan Motion carried. Council Member Moore commented that many citizens come out for the parades and raising money is not as easy as it sounds. Ms. Lopez said that the city isn t stopping the parades from happening; the city isn t funding them anymore. Mr. Alfrey said that Melbourne is a very giving community and fundraising is possible. He invited the organizations that conduct the parades to reach out to him for assistance with funding ideas. Mayor Meehan said that many citizens are going to be disappointed. Vice Mayor Thomas said that she is hopeful that the organizations who conduct the parades will be able to raise the money needed. This decision is more about saving the city s money. If the organizations appear to be unsuccessful in raising the money, she stated that the issue could be brought back before Council. 18. ADJOURNMENT Mayor Meehan declared the meeting adjourned at 7:58 p.m. Assistant City Clerk 8/25/2017 Approved by Council: September 20, 2017 Page 8 of 8