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City of Melbourne
City Hall • 900 E. Strawbridge Avenue, Melbourne, FL 32901
(321) 608-7200 • Fax (321) 608-7219
CITY COUNCIL AGENDA
November 25, 2014 6:30 P.M.
-----------------------------------------------------------------------------------------------------------------------------------This meeting shall adjourn by 11:00 p.m. Extension of the meeting beyond 11:00 p.m. shall only
be authorized by a majority vote of City Council.
In accordance with Council policy, the roll call vote rotates each meeting. During this meeting,
the vote will be Districts Three through Two except that the Mayor will vote last as provided by
City Code and the Vice Mayor will vote second to last.
1.
2.
3.
4.
5.
6.
7.
Invocation - Jordin Chandler, representing Macedonia Missionary Baptist Church
Pledge of Allegiance
Roll Call
Proclamations and Presentations
Approval of Minutes – November 11, 2014 Regular Meeting
City Manager's Report
Public Comments
UNFINISHED BUSINESS
8.
ORDINANCE NO. 2014-68 (CU-2014-08) IMPERIAL SALON & SPA: (Second
Reading/Public Hearing) An ordinance granting a conditional use to allow consumption of
beer and wine on the premises, accessory to a salon and spa, in a 10,500 square foot
unit of a developed 9.67±-acre parcel zoned C-P (Commercial Parkway) located on the
southeast corner of East Eau Gallie Boulevard and North Riverside Drive. (Owner - Dead
River Causeway, LLC) (Applicant - Imperial Salon and Spa, II, Inc.) (Representative Geoffrey Smith, Smith & Associates) (First Reading – 11/11/14)
9.
ORDINANCE NO. 2014-69: (Second Reading/Public Hearing) An ordinance amending
and restating Chapter 18 of the Code of Ordinances, entitled "Leisure Services;"
changing the name of the Leisure Services Department to the Parks and Recreation
Department; providing an application process for an outdoor public assembly permit;
providing a process for a large group feeding permit in parks; designating the parks,
days, and hours for large group feedings; providing an application process and standards
for issuance of a permit; providing appeal and notice procedures; providing
responsibilities of the person holding the permit; and providing for indemnification and
insurance requirements. (First Reading – 11/11/14)
NEW BUSINESS
10.
RESOLUTION NO. 3457: A resolution reporting the outcome of the General Municipal
Election conducted November 4, 2014; declaring the Districts 2, 3, 4, and 6 Council
Members elected and setting forth their terms; and accepting the Certificate of the
Brevard County Canvassing Board.
11.
OATH OF OFFICE:
Page 1 of 4
Melbourne City Council
Meeting of November 25, 2014
a.
b.
c.
d.
Agenda
Council Member – Betty Moore, District 2
Council Member Elect – Dan Porsi, District 3
Council Member Elect – Debbie Thomas, District 4
Council Member Elect – Teresa Lopez, District 6
12.
TRANSITIONAL RECESS: Recess to allow the new members to take their seats at the
dais.
13.
COUNCIL ACTION RE: Recognition of public service and presentation of plaques to
outgoing Council Members.
14.
COUNCIL ACTION RE: Appointment of Vice-Mayor for 2014-2015.
15.
COUNCIL ACTION RE: Appointment of one Council Member to the Airport Authority.
16.
COUNCIL ACTION RE: Appointment of three regular members and one alternate
member to the Space Coast Transportation Planning Organization.
17.
COUNCIL ACTION RE: Appointments to the Space Coast League of Cities.
18.
COUNCIL ACTION RE: Contract award for the Hickory Street Drainage Pipe
Replacement, Project No. 14213, Don Luchetti Construction, Inc., Melbourne, FL $558,887.77.
19.
CONSENT AGENDA:
20.
a.
Approval to acquire a Smart 850 Speed Trailer for the Police Department through the
Florida Department of Transportation Law Enforcement Liaison Program.
b.
Task Order No. BMEG 063 to the Continuing Consultant Contract for Engineering
Services for the U.S. 1 and Sarno Road right turn lane, Project No. 64212, Bussen
Mayer Engineering Group, Inc., Merritt Island, FL - $40,220.
c.
Approval of a county-wide Mutual Aid Agreement for law enforcement assistance
between the Sheriff of Brevard County, the School Board, the Melbourne Airport
Authority, Canaveral Port Authority, and the municipalities of Cocoa, Cocoa
Beach, Indialantic, Indian Harbour Beach, Melbourne, Melbourne Beach,
Melbourne Village, Palm Bay, Rockledge, Satellite Beach, Titusville, and West
Melbourne; and authorization for the City Manager to execute the agreement.
d.
Resolution No. 3458: A resolution authorizing the City Manager to submit a grant
application to the FEMA Assistance to Firefighters Grant Program funding in the
amount of $126,551 with required matching funds of $14,061 for a total of $140,612
to purchase four cardiac monitor/defibrillator units and a three-year maintenance
contract.
ITEMS REMOVED FROM THE CONSENT AGENDA
Page 2 of 4
Melbourne City Council
Meeting of November 25, 2014
Agenda
21.
COUNCIL ACTION RE: Purchase of services to rehabilitate sanitary sewer manholes at
various locations throughout the City, VacVision Environmental, LLC, Tampa, FL – not-toexceed $219,700.
22.
RESOLUTION NO. 3459:
recommendations.
23.
ORDINANCE NO. 2014-70 (CU-2014-11) FLORIDA BOWLING CENTER: (First
Reading/Public Hearing) An ordinance to change a conditional use to allow the
placement of a six-foot opaque fence in lieu of a masonry wall along the north and east
property lines, on a 4.36±-acre property, zoned C-C-1 (Neighborhood Commercial with a
conditional use to allow a bowling center and the consumption of alcoholic beverages
onsite), located on the east side of Dairy Road, south of Eber Boulevard and north of
Palm Bay Road; more specifically known as 4851 Dairy Road. (Owner – Rajendra Shah)
(Applicant - Florida Bowling Center, LLC) (Representative – Patrick Watkinson, Manager)
(P&Z Board – 11/6/14)
24.
PRELIMINARY PLAT APPROVAL (SD-2013-05) CROSSINGS AT BAYMEADOWS
LAKES, PHASE 2: (Public Hearing) A request for a preliminary plat approval for a 33-lot
subdivision on 8.13± acres, zoned R-1B (Single-Family Low Density Residential District),
located on the southwest corner of North Wickham Road and Grand Meadows
Boulevard. (Owner/Applicant – Baymeadows Lakes Development, LLC) (Representative
– Jake Wise, P.E., Construction Engineering Group) (P&Z Board – 11/6/14)
A resolution adopting fourth quarter budget review
Council will convene as the Melbourne Downtown Community Redevelopment Agency for the
following items:
25.
COUNCIL ACTION RE: Approval of a $8,085 façade reimbursement grant award for
façade improvements at 2002 S. Harbor City Boulevard; and authorization for the City
Manager to execute the rebate agreement. (Applicant – Nomad Cafe, Inc.)
26.
COUNCIL ACTION RE: Approval of a $15,056.91 façade reimbursement grant award
for façade improvements at 928-932 East New Haven Avenue; and authorization for the
City Manager to execute the rebate agreement. (Applicant – Towers Management
Group, Inc.)
Council will reconvene for the remaining items.
27.
COUNCIL ACTION RE: Legislative priorities for the 2015 legislative session.
28.
COUNCIL ACTION RE: Regulation of speed at Downtown Melbourne crossings in
relation to All Aboard Florida rail project.
29.
COUNCIL ACTION RE: Board Appointments.
a.
b.
c.
Appointment of one alternate member to the Citizens’ Advisory Board.
Appointment of one regular member to the Melbourne Housing Authority.
Appointment of three members to the Library Board.
Page 3 of 4
Melbourne City Council
Meeting of November 25, 2014
d.
e.
Agenda
Appointment of two regular members to the Planning & Zoning Board.
Appointment of three regular members to the Zoning Board of Adjustment.
30.
PETITIONS, REMONSTRANCES, AND COMMUNICATIONS
31.
ADJOURNMENT
Mayor Kathy Meehan and Council Members Molly Tasker and John Thomas, as members of the Airport Authority Board, may
discuss Airport Authority issues, which may subsequently be addressed by the Airport Authority.
Mayor Meehan, Vice-Mayor Greg Jones, and Council Members Mike Nowlin, and Betty Moore (alternate), as members of the
Space Coast Transportation Planning Organization (SCTPO), may discuss SCTPO issues, which may subsequently be
addressed by the SCTPO.
Pursuant to 286.0105, Florida Statutes, the City hereby advises the public that if a person decides to appeal any decision made
by the City Council with respect to any matter considered at its meeting or hearing, he will need a record of the proceedings, and
that for such purpose, affected persons may need to insure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City
for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges
or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act and Section 286.26, Florida
Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk’s
Office (321/608-7220) at least 48 hours prior to the meeting.
Page 4 of 4
City Manager’s Office
MEMORANDUM
TO:
MAYOR AND COUNCIL
FROM:
MICHAEL A. MCNEES, CITY MANAGER
DATE:
NOVEMBER 20, 2014
SUBJECT:
CITY MANAGER’S REPORT – MEETING OF NOVEMBER 25, 2014
1.
Upcoming events and reminders:
 City Hall will be closed on Thursday and Friday, November 27 and November 28, 2014
in observance of the Thanksgiving holiday.
 A special meeting of the City Council has been scheduled for Tuesday, December 2 at
1:30 p.m. for the City Attorney interviews and selection.
 A special workshop meeting of the City Council has been scheduled for Wednesday,
December 10 at 5:30 p.m. to discuss the Marina Towers property.
2.
Retirements:
 Raylene Wood, School Crossing Guard, will retire on November 26, 2014 after 8 years of
service to the City.
 Barry Moore, Utility Line Locator with Water Distribution, will retire on December 5,
2014 after 30 years of service to the City.
Respectfully submitted,
___________________
Michael A. McNees
City Manager
MAM/rct
Page 5
Melbourne City Council
CITY MANAGER’S
ACTIVITY REPORT
OCTOBER 2014
SPECIAL ACTIVITY PERMITS ISSUED
Twenty-eight special activity permits or permit agreements were issued during October for events
on private and public property involving road closure, outdoor sales and distribution of alcoholic
beverages, banners, inflatable signs, outdoor food, temporary signs, sound amplification, and
placement of tents. The following events scheduled for November have either been permitted or
are in the process of being permitted:










Terror on the Traxx, Downtown Melbourne, November 1, 6 p.m.-1 a.m.
First Friday Art Walk, Eau Gallie Square, November 7, 5:30 p.m.-8:30 p.m.
Eau Gallie Farmers Market, Eau Gallie Square, November 7, 8, 14, 15, 21, 22, 28 and 29, 8:00 a.m.-3:00 p.m.
Melbourne Main Street Fall Festival, Downtown Melbourne, November 7 (6 p.m.-1a.m.), 8 (10 a.m.-1 a.m.) and
9 (10 a.m. - 6 p.m.)
Sigma Sorority 5K Race, Front Street, November 8, 7 a.m.
Veterans Day Parade, November 11, 10 a.m.
Friday Fest, Downtown Melbourne, November 14, 6:00 p.m.-10:00 p.m.
Junior League Festival of Trees, Downtown Eau Gallie, November 14 (6:30 p.m.-10:30 p.m.), 15 (9 a.m.-5 p.m.)
and 16 (Noon-4 p.m.)
Artworks of Eau Gallie, Downtown Eau Gallie, November 22 and 23, 9 a.m.-6 p.m.
Mainstreet Pub Thanksgiving Eve Party, Downtown Melbourne, November 26, 8 p.m.- midnight
PURCHASES APPROVED BY THE CITY MANAGER
Renewal of annual maintenance agreement for GIS Software, Environmental Systems Research Institute, Inc.
Redlands, CA - $22,554.38.
Purchase of two vehicle detectors for Traffic Engineering, Wavetronix, LLC; Oviedo, FL - $21,784.
Purchase of Pulsar Briquettes for City pools, Commercial Energy Specialist (CES), Jupiter, FL - $20,273.28.
APPLICANT
Primitivo Conde
ANIMAL PERMITS ISSUED
ADDRESS
ANIMAL TYPE
2819 W. Eau Gallie Blvd., 32935
3 chickens
Page 6
DATE
10/28/2014
City Manager’s Activity Report
Meeting of October 2014
Melbourne City Council
Engineering Activity Report
Project No. / Project
Name.
CIP Project
Notice to Proceed
Description
None
Melbourne Beach Hwy. A1A
Parcel – Boundary Surveying
Services – Project No. 30415
T.O. BMEG 059 to provide a survey for the
Melbourne Beach Hwy. A1A Parcel from BussenMayer Engineering Group, Merritt Island, FL $3,950.
Consultant Change
Order approved by
City Manager
Babcock St. Ph. 3 Roadway
Improvements – Project No.
14108
C.O. #9 for additional work orders for field related
changes, Don Luchetti Construction, Inc., W.
Melbourne, FL - $19,018.40.
Site Development
Plan
Approval
Johnstone
Supply
Building
Addition – Project No. IF-14-10
A new 6,700 s.f. building addition with associated
paving, parking and stormwater retention at 610
Atlantis Rd.
Consultant Task
Order approved by
City Manager
Final Inspections
CIP:
Lift Station #12 – Project No.
32010
Development:
Miscellaneous
Northern Outfall Ditch - Project
No. SP-13-01A
MPD Fuel Site Cleanup and
Restoration – Project No. 10208
Page 7
Relocation of the lift station across Old Colonial
Way into a recently acquired utility easement
which consisted of constructing a lift station,
including wet well, submersible pumps, valve
vault, sewer force main, control panel, telemetry
communications equipment, generator, concrete
driveway, and chain-link fence. Three (3) gravity
sewer manholes and associated gravity sewer
line were also constructed to redirect sewer flows
from the existing station location to the new
station location.
Construction of conveyance ditch that will
hydraulically connect the Embraer Engineering
and Technology Center site with the l7-B-2 canal
located along the north side of the Airport's
property
(City's
South
Sarno
Drainage
Improvements) project. The new outfall ditch is
approximately 630 feet in length and will follow the
alignment of an existing drainage ditch located NW
of 1400 General Aviation Drive.
Award Recommendation for Post-Remediation
Natural Attenuation Monitoring Services – MPD
Fuel Site Cleanup and Restoration by Universal
Engineering Services, Inc., Rockledge, FL $8,800.00
City Manager’s Activity Report
Meeting of October 2014
Melbourne City Council
CODE COMPLIANCE DIVISION ACTIVITY
Fire Prevention
Inspections
Building
Re-inspection
Business Tax Receipt
Vehicles
Complaints
Special Activities
Fire Investigations
Periodic Inspections
Public Education
Drills
Hydrant Flows
School Inspections
Miscellaneous
Fire Codes
Fire Protection
Plan Review
Total Inspections
Building Inspections
1
89
25
1
3
14
2
316
2
1
2
0
152
2
0
53
663
Footing
Slab
Framing
Gas
Drywall
Above Ceiling
Driveway/Sidewalk
Energy Code
Fire Systems
Fire Investigations
Rough Plumbing
Tie Beam
Electrical
Mechanical
Sewer
Roof
Pools
Miscellaneous
Final
Total Inspections
WATER & SEWER
CONNECTION PERMITS
Inside City
Water
Residential
Commercial
3
1
Outside City
Water
Residential
Commercial
10
0
12
31
73
4
39
23
27
21
28
2
49
22
335
198
14
197
18
100
264
1,454
Building Permits
Single Family Residence
New Multi-Family Residence
New Commercial
Mobile Home
Residential Addition
Commercial Addition
Swimming Pool
Demolition
All other Permit Types
Total Permits
2
0
1
0
101
55
2
0
324
485
Code Enforcement Inspections
Building
Business Tax Receipt
Vehicles
Public Education
Overgrown Lots
Fire Investigations
City Ordinance
Zoning Ordinance
Landscaping
Plan Review
Total Inspections
Non-Permitted Signage
93
19
14
0
111
0
272
22
1
13
545
453
POLICE SERVICES
Sewer
2
1
Sewer
1
0
Calls for Service Answered
7,407
Traffic Contacts
Traffic Citations Issued
Parking Citations Issued
General Arrests
Narcotics Incident Offense Reports
Narcotics Arrests
1,184
1,105
113
229
62
37
FIRE SERVICES
CITY EMPLOYMENT
New Hires
Separations
Full Time
Part Time
Seasonal
6
1
0
Full Time
Part Time
Seasonal
8
1
0
Residential
Commercial
Other
Mutual Aid
Rescue
Miscellaneous
Page 8
5
1
8
1
1,232
157
City Manager’s Activity Report
Meeting of October 2014
Melbourne City Council
HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT
Neighborhood Stabilization Program (NSP1)
NSP1 Grant Award:
NSP1 Grant Funds Expended:
NSP1 Grant Funds Available:
1
$1,920,191.00
$1,920,191.00
$0.00
Program Income1:
Program Income Expended:
Funds Available from Program Income:
$889,098.07
$846,000.73
$43,097.34
Earned from NSP1 Homes Sold to eligible homebuyers
Number of developers awarded NSP1 Program Income (PI) funds - 2
Foreclosed homes acquired with Program Income – 7 (1554 Caribbean Dr., 1636 Clover Cir., 2421 Lee Av., 1829 Madison Av., 1848 Oakwood Dr.,
608 Sioux Av. and 1949 Tyler Av.)
Homes rehabilitated and sold – 4 (1636 Clover Cir. – closed on 6/15/2013, 1554 Caribbean Dr. – closed on 6/13/13, 2421 Lee Av. – closed
7/31/2013, 1848 Oakwood Dr. – closed 06/16/2014)
Homes rehabilitated and leased – 1 (608 Sioux Av. – leased on 1/1/2013)
Homes rehabilitated and available for sale – 0
Homes under contract with homebuyers – 0
Homes being rehabilitated – 1 (1829 Madison Av.)
Homes awaiting rehab – 1 (1949 Tyler Av.)
Neighborhood Stabilization Program (NSP3)
NSP3 Grant Award:
$1,257,986.00
NSP3 Grant Funds Expended:
$1,189,726.15
3
NSP3 Grant Funds Available :
$ 68,259.85
2
3
Program Income2:
Program Income Expended:
Funds Available from Program Income:
$610,586.09
$610,586.09
$0
Earned from NSP3 Homes Sold to eligible homebuyers
All Program Income on hand must be spent before additional NSP3 funds can be drawn down from HUD
Number of developers currently awarded NSP3 funds - 1
Foreclosed Homes acquired – 5 (1962 Garner Av., 726 Clarke Av., 512 Cherokee Av., 2426 Pawnee Dr., 1738 S. Dodge Cir.)
Homes with rehab underway – 2 (726 Clarke Av., and 512 Cherokee Av.)
Homes with rehab completed – 0
Homes rehabilitated and available for sale – 1 (1962 Garner Av.)
Homes rehabilitated and sold – 0
Homes under contract with homebuyers – 0
Homes awaiting rehab – 2 (2426 Pawnee Dr. and 1738 S. Dodge Circle)
HOME Investment Partnerships Program (HOME)
Households receiving monthly rent subsidies (TBRA) – 5
Applicants approved for rehab – 5 – 209 Lantana Ln, 3305 Henry St., 3030 Plummer Cir, 518 Burr St, and 807 Almond Blvd.
Rehabilitation applications pending to qualify households – 0 – waiting list closed
Homes with rehab underway – 4 – 3305 Henry St. is 95% complete, 807 Almond Blvd. is 98% complete, 209 Lantana Lane 0% complete and 3030
Plummer Circle is 0% complete
Homes with rehab completed – 0
Hardest Hit Program
Applicants assigned by FHFC to City – 217 applicants since April 2011.
State Housing Initiatives Partnership (SHIP) Program
Homes with rehab. underway (2 special needs priority projects) one at 4540 Deerwood Trail is 98% complete and the other at 3430 Pelham Street
is 100% complete
Homes approved for rehab. but not underway yet – 1 at 626 Ryoland St. Bids were submitted on 10/15/2014 for reconstruction of this home. Bids
submitted exceeded the project budget. This project is on hold.
The SHIP Annual Performance Report was submitted to the Florida Housing Finance Corporation on 09/12/2014.
Community Development Block Grant (CDBG)
Contract close-out in progress with nine (9) nonprofits funded in FY2013
Booker T. Washington Sidewalk Improvements Phase II – $44,091.15 contract award to Stillwater Construction, Inc. Construction 100% complete.
Project close-out in progress.
Bennie J. Hopkins, Sr. Park Improvements- a $41,428.02 contract was awarded to Playmore Recreational Products and Services, Construction
100% complete. Project close-out in progress. The park rededication ceremony honoring Benny J. Hopkins, Sr. was held on October 18, 2014.
Florida Inland Navigation District (FIND)
On 10/24/2014 the fully executed award Agreements for Marina Towers Land Acquisition project ($358,930) and Melbourne Harbor Dredge Phase
II (basin mouth only) project ($143,582) were received.
Florida Recreation and Development Assistance Program (FRDAP)
On 09/09/2014 the fully executed award Agreement for the Brothers Park Improvement project for $50,000 in State funding was received.
Page 9
City Manager’s Activity Report
Meeting of October 2014
Melbourne City Council
PURCHASING ACTIVITY
Bid No.
IFQ-10-076
ITB-09-062
Q 10-067
Q 10-069
Q 10-066
Q 10-071
Q 10-065
Q 10-067
Q 10-068
Q 10-069
Q 10-070
ITB-10-064
ITB-10-073
ITB-10-074
Q 10-072
IFQ-10-075
ITB-10-076
IFQ-10-077
Q 10-078
Q 10-079
Q 10-081
Q 10-080
Title
COURIER SERVICES
ON CALL DIRECTIONAL DRILL SERVICES
STREET LAMPS
SAFETY EQUIPMENT
2 CYCLE KAWASAKI OIL
AIR FILTERS
U.S. FLAGS
ELECTRICAL STREET LAMPS
VARIOUS TOOLS
SAFETY EQUIPMENT
JANITORIAL SUPPLIES
FABRIC-FORMED REVETMENT INSTALLATION SERVICES
ELECTRIC SCISSOR LIFT & TRAILER
MOWING OF UTILITY SITES
ROUNDUP PROMAX
FORENSIC CRIME LAB FURNITURE
COURIER SERVICES
PAINTING OF (3) STRUCTURES AT GRANT ST WR
TOOLS & HARDWARE
SAFETY EQUIPMENT
STIHL TRIMMERS
JANITORIAL SUPPLIES
Dept./Division
Issue Date
Open Date
Purchasing
Water Distribution
Purchasing
Purchasing
Purchasing
Purchasing
Purchasing
Purchasing
Purchasing
Purchasing
Purchasing
Streets
Purchasing
Water Production
Purchasing
Purchasing
Purchasing
Wastewater
Purchasing
Purchasing
Purchasing
Purchasing
10/23/2014
9/16/2014
10/8/2014
10/8/2014
10/8/2014
10/8/2014
10/8/2014
10/8/2014
10/8/2014
10/8/2014
10/8/2014
10/9/2014
10/16/2014
10/16/2014
10/17/2014
10/20/2014
10/28/2014
10/30/2014
11/7/2014
11/7/2014
11/7/2014
11/7/2014
11/20/2014
10/7/2014
10/8/2014
10/8/2014
10/17/2014
10/17/2014
10/17/2014
10/17/2014
10/17/2014
10/17/2014
10/17/2014
11/20/2014
11/13/2014
11/18/2014
10/10/2014
11/4/2014
11/20/2014
12/2/2014
10/30/2014
10/30/2014
10/30/2014
10/30/2014
NEW BUSINESS TAX RECEIPTS ISSUED
Licensee
JC PROPERTY MANAGEMENT
SERVICES LLC
A PERFECT GIFT FLOWERS &
BALLOONS LLC
A PLUS APPLIANCE PROS
ACCENT SHUTTERS & REPAIRS
ALTER EGO APPARELS
AM WHOLESALE OF BREVARD INC
ATTAGIRL CLEANING SERVICES
BENJAMIN FRANKLIN PLUMBING
BLUE WATERS THERAPEUTIC
MASSAGE
BOB-CAP INDUSTRIES INC
BREVARD STUCCO INC
BURGER HUT
CELLSPARK LLC
CHILLY SPOONS
CIRCLES OF CARE INC
COMPUT-ER LLC
CONWAY CABLE LLC
DANA NIEMEIER PHOTOGRAPHY LLC
DUST N POLISH
ESTIME PRESTIGE CAB
EZ BIZ HOLDINGS GROUP INC
FEMME FATALE ARMS
FILTHY RICH OF BREVARD COUNTY,
LLC
Address
Issue Date
Home
Based
221 W HIBISCUS BLVD, Suite
1508 S BABCOCK ST, Suite
#103
1270 N WICKHAM RD, Suite #16
1654 ARTHUR AV, Suite
3500 TITANIC CIR, Suite
1318 LAKE WASHINGTON RD,
Suite
3770 ARIA DR, Suite
440 STAN DR, Suite #101
10/24/2014
No
BUSINESS SERVICE
10/31/2014
10/15/2014
10/14/2014
10/31/2014
No
No
Yes
Yes
FLORIST
REPAIR AND SERVICE SHOP
CONSTRUCTION SERVICE
MERCHANT/RETAIL
10/1/2014
10/24/2014
10/2/2014
No
Yes
No
MERCHANT/WHOLESALE
JANITORIAL SERVICE
PROFESSIONAL OFFICE
10/13/2014
10/21/2014
No
No
PROF/MASSAGE THERAPIST
MERCHANT/WHOLESALE
10/1/2014
No
CONSTRUCTION SERVICE
10/27/2014
10/15/2014
No
No
CATERER - NO SEATING
MERCHANT/RETAIL
10/22/2014
10/9/2014
10/17/2014
10/16/2014
10/1/2014
10/2/2014
10/3/2014
10/16/2014
No
No
No
Yes
No
No
No
No
RESTAURANT/EATING PLACE
PROFESSIONAL OFFICE /TE
COMPUTER SERVICE
CONSTRUCTION SERVICE
PORTRAIT STUDIO
JANITORIAL SERVICE
TAXI CAB
CONSULTANT/BUSINESS
10/2/2014
Yes
MERCHANT/RETAIL
10/9/2014
No
MERCHANT/RETAIL
3682 N WICKHAM RD, Suite #A
495 STAN DR, Suite #102
981 E EAU GALLIE BLVD, Suite
#E
1700 W NEW HAVEN AV, Suite
#369
1363 S BABCOCK ST, Suite
4980 N WICKHAM RD, Suite
#106
200 SHERIDAN RD, Suite
499 N BABCOCK ST, Suite #B
640 IXORA DR, Suite
625 E NEW HAVEN AV, Suite
1270 N WICKHAM RD, Suite #16
221 W HIBISCUS BLVD, Suite
1600 SARNO RD, Suite #21
1360 LAKE WASHINGTON RD,
Suite
1700 W NEW HAVEN AV, Suite
Page 10
Class Description
City Manager’s Activity Report
Meeting of October 2014
Melbourne City Council
NEW BUSINESS TAX RECEIPTS ISSUED (continued)
FIRST SOUTH REAL ESTATE LLC
FITZPATRICK, HAROLD
FLAMEOUT, LLC
FLORIDA ECO TREKS
FLORIDA MEDICAL MARIJUANA
CERTIFICATIONS
GMX GLASSER MOTOR SPORTS
GODING, SAUNDRA DEE
GREAT WHITE POOL SERVICE
GREENHOUSE EFFECTS
H&M
HANDY GROUT
HOLLYWOOD TRANSPORTATION
HUNTER'S A/C WINDOW UNIT REPAIR
SERVICE
INDUSTRIAL CHIC DESIGN COMPANY
JAZ4LIFE ENTERPRISES LLC
JHT INSTALLATION, INC
KC'S AUTO SALES INC
KENNEDY, DANIEL
LA FLORIDA FOOD SERVICE LLC
LDYG PRODUCTS
LICEA, RODRIGO
MARY LEE'S CUSTOM CATERING,
INC.
MICHAEL E. CATALDO, P.A.
NEMOURS CHILDREN'S URGENT
CARE
NEW ERA STUCCO & PLASTERING,
LLC
NUOVO KITCHENS & BATHS LLC
PACIFIC KITCHEN AND HOME
PHONE FASHION INC
PICCOLI, PEGGYE A
PINK MOON MARKET LLC
POWELLS BARBER SHOP
ROSE, DAVID P
ROTANA HOOKAH CAFÉ
SEAN DOWNS PAINTING &
WALLCOVERING INC
SHIREY, CHRISTOPHER
SOLTREE EVENT SERVICES
SPACE COAST RAIN GUTTERS LLC
SPECIALTY CARE INC
STRELECKI AND COMPANY, LLC
STUDEBAKER ENGINEERING
SERVICES INC
STYLES FOR LESS INC
SUNSHINE FOOD MART #191
TAX SERVICES AND FINANCIAL
SOLUTIONS LLC
THE NEIGHBORHOOD GARAGE
THE RECOVERY ZONE
THE UPS STORE WICKHAM PARK
TOP INTERACTIVE DESIGN LLC
TRU SERVICE INC II
YOUR FLOORING EXPERT LLC
21 W FEE AV, Suite #B
221 W HIBISCUS BLVD, Suite
907 E STRAWBRIDGE AV, Suite
#102
1708 ACADEMY DR, Suite
909 E NEW HAVEN AV, Suite
#213
624 ATLANTIS RD, Suite #105
3470 JAY TEE DR, Suite
1155 SANDDUNE LN, Suite #205
644 CHARLES DR, Suite
1700 W NEW HAVEN AV, Suite
#493A
914 ST CLAIR ST, Suite
102 E NEW HAVEN AV, Suite
10/27/2014
10/22/2014
No
No
PROF/REAL ESTATE BROKER
CONSTRUCTION SERVICE
10/1/2014
10/9/2014
No
No
MERCHANT/RETAIL
PERSONAL SERVICE / SR
10/21/2014
10/3/2014
10/1/2014
10/3/2014
10/24/2014
No
No
No
Yes
Yes
CONSULTANT/BUSINESS
MERCHANT/RETAIL
PHOTOGRAPHER
SWIMMING POOL MAINTENANCE
MERCHANT/WHOLESALE /SR
10/27/2014
10/3/2014
10/22/2014
No
No
No
MERCHANT/RETAIL
CONSTRUCTION SERVICE
PERSONAL SERVICE
4104 DUKE ST, Suite
3100 CEDAR BAY DR, Suite
1270 N WICKHAM RD, Suite #16
212 S BABCOCK ST, Suite
295 NORTH DR, Suite #F
1547 MAPLE AV, Suite
440 LAURIE ST, Suite
4355 DOW RD, Suite
10/22/2014
10/2/2014
10/3/2014
10/16/2014
10/10/2014
10/2/2014
10/2/2014
10/15/2014
10/2/2014
Yes
Yes
No
No
No
No
No
Yes
No
REPAIR AND SERVICE SHOP / SR
MERCHANT/RETAIL
DANCE STUDIO/SCHOOL
CONSTRUCTION SERVICE
105 AUDUBON DR, Suite
672 W EAU GALLIE BLVD, Suite
10/31/2014
10/9/2014
No
No
CATERER - NO SEATING
PROF/REAL ESTATE BROKER
1270 N WICKHAM RD, Suite #49
10/15/2014
No
PROFESSIONAL OFFICE
1988 GARNER AV, Suite
2980 ALBERTA CT, Suite
1900 EVANS RD, Suite
1700 W NEW HAVEN AV, Suite
1549 BIRCH ST, Suite
235 W HIBISCUS BLVD, Suite
2133 SARNO RD, Suite #B
215 WEST DR, Suite
10/14/2014
10/6/2014
10/27/2014
10/3/2014
10/10/2014
10/6/2014
10/2/2014
10/24/2014
Yes
Yes
No
No
Yes
No
No
No
4000 S BABCOCK ST, Suite #E
10/23/2014
No
CONSTRUCTION SERVICE
CONSTRUCTION SERVICE
MERCHANT/RETAIL
MERCHANT/RETAIL
PROF/REAL ESTATE BROKER /SR
MERCHANT/RETAIL
BARBER SHOP
PROF/CONTRACTOR: SPECIAL TRADE
MERCHANT/RETAIL/
RESTAURANT/EATING PLACE
1028 LEEWARD PL, Suite #E2
3264 CONSTELLATION DR,
Suite
3001 THRUSH DR, Suite #117
1751 GUAVA AV, Suite
1600 SARNO RD, Suite #15
914 ST CLAIR ST, Suite
10/14/2014
Yes
CONSTRUCTION SERVICE
10/7/2014
10/10/2014
10/6/2014
10/7/2014
10/10/2014
No
Yes
Yes
No
No
CONSTRUCTION SERVICE
PERSONAL SERVICE
CONSTRUCTION SERVICE
ADMINISTRATIVE SERVICES
PROF/CONTRACTOR: RESIDENTIAL
888 SARNO RD, Suite
221 E EAU GALLIE BLVD, Suite
10/1/2014
10/15/2014
No
No
1165 SARNO RD, Suite
10/8/2014
No
PROF/ENGINEER
MERCHANT/RETAIL
GROCERY/CONVENIENCE STORE
/SERVICE STATION/WITH ADD'L
CATEGORY
416 N HARBOR CITY BLVD, Suite
2885 ELECTRONICS DR, Suite
#B2
2447 N WICKHAM RD, Suite #102
10/3/2014
No
BOOKKEEPING SERVICE
10/20/2014
10/7/2014
No
No
10/10/2014
No
AUTOMOTIVE/GENERAL REPAIR
RESTAURANT/EATING PLACE
MERCHANT/RETAIL / PACKING AND
CRATING
10/16/2014
10/17/2014
10/2/2014
Yes
No
Yes
CONSULTANT/BUSINESS / 'DV
BUSINESS OFFICE
CONSTRUCTION SERVICE
1020 W EAU GALLIE BLVD, Suite #C
3682 N WICKHAM RD, Suite #B1
3295 CONSTELLATION DR,
Suite
1600 SARNO RD, Suite #105
3715 DEERWOOD TRL, Suite
Page 11
AUTOMOBILE/MOTOR VEHICLE DEALER
PROF/CONTRACTOR: SPECIAL TRADE
RESTAURANT/EATING PLACE
MERCHANT/RETAIL
LAWN MAINTENANCE
City Manager’s Activity Report
Meeting of October 2014
DATE
10/02/14
10/02/14
10/02/14
10/02/14
10/03/14
10/03/14
10/04/14
10/04/14
10/04/14
10/04/14
10/04/14
10/04/14
10/05/14
10/05/14
10/07/14
10/07/14
10/07/14
10/07/14
10/08/14
10/09/14
10/09/14
10/09/14
10/10/14
10/10/14
10/11/14
10/11/14
10/11/14
10/11/14
10/11/14
10/11/14
10/11/14
10/12/14
10/12/14
10/12/14
10/12/14
10/14/14
10/14/14
10/15/14
10/16/14
10/16/14
10/17/14
10/17/14
10/18/14
10/18/14
10/18/14
10/18/14
10/18/14
10/19/14
10/19/14
10/19/14
10/19/14
10/21/14
10/22/14
10/23/14
10/23/14
FACILITY
Front Street Civic Center
Crane Community Center
Crane Community Center
Eau Gallie Civic Center
Melbourne Auditorium
Front Street Civic Center
Melbourne Auditorium
Front Street Civic Center
Lipscomb Pavilion
Ballard Pavilion
Brothers Park
Eau Gallie Civic Center
Front Street Civic Center
Ballard Pavilion
Melbourne Auditorium
Front Street Civic Center
Crane Community Center
Eau Gallie Civic Center
Melbourne Auditorium
Melbourne Auditorium
Crane Community Center
Ballard Pavilion
Melbourne Auditorium
Front Street Civic Center
Melbourne Auditorium
Front Street Civic Center
Crane Community Center
Grant Street Community Center
Lipscomb Community Center
Ballard Pavilion
Eau Gallie Civic Center
Front Street Civic Center
Crane Community Center
Eau Gallie Civic Center
Eau Gallie Civic Center
Crane Community Center
Eau Gallie Civic Center
Melbourne Auditorium
Front Street Civic Center
Crane Community Center
Melbourne Auditorium
Front Street Civic Center
Melbourne Auditorium
Front Street Civic Center
Crane Community Center
Ballard Pavilion
Eau Gallie Civic Center
Melbourne Auditorium
Front Street Civic Center
Ballard Pavilion
Eau Gallie Square Bandshell
Crane Community Center
Melbourne Auditorium
Melbourne Auditorium
Crane Community Center
Melbourne City Council
LEISURE SERVICES FACILITY RENTALS
EVENT
RENTER
Meeting
Space Coast Progressive
Baby Shower
Barbara Van Meir
Wood Carvers Group
Space Coast Wood Carvers
Volleyball Matches
Kelly Seiter/Community Christian School
Senior’s Expo
Brevard County Triad
Rehearsal/Wedding
Jennifer Guise
Dance/Fundraiser
MOPARS of Brevard
Rehearsal/Wedding
Jennifer Guise
Party
Gowin Family
Picnic
Rhonda Rogers/Nar-Anon Family Groups
A Free Meal In the Park
Vanessa Scott/Central Florida Mommy’s Club
Wedding
Lori Williamson
Wedding & Reception
Matthew Horne
Baby Shower
Michelle Elliott
Expo – Insurance
Health First of Brevard
Navigator’s Club
Go Travel
Bridge Group`
Sunshine Club of Melbourne
Brevard Camera Club Meeting
Judy Pastore
Concert
Melbourne Municipal Band
Concert
Melbourne Municipal Band
Wood Carvers Group
Space Coast Wood Carvers
Picnic Meeting
Frank Breslin
Hamfest Radio Show
PCARS – Hamfest
Wedding & Reception
Frank Herrnkind
Hamfest Radio Show
PCARS – Hamfest
Wedding & Reception
David Aubrey
Barn Hunt Event
Mari Hiltz
Baby Shower
Josephine Hunter
Party
Davis/Gibson Families
Company Picnic
Thelma Hood/Leidos
Wedding Reception
Nancy Tertulien
Wedding
Angela Delp
Barn Hunt Event
Mari Hiltz
Basketball Tournament
Julio Peneto
Coin Show
Alysha Wilson
Bridge Group/Board Mtg.
Sunshine Club of Melbourne
Meeting
Etha Campainha/Brighthouse
College Fair
Brevard County Schools
Social Security Workshop
Valerie Calliham
Wood Carvers Group
Space Coast Wood Carvers
Gun & Knife Show
Sports Show Specialists
50th Birthday Party
Lachrista Jones
Gun & Knife Show
Sports Show Specialists
Wedding & Reception
Ben Burger
Baby Shower
Lendour Pritchett
Fall Sailing Regatta
Melbourne Yacht Club
Ghostly Gecko 5K
Denise Piercy/Running Zone
Gun & Knife Show
Sports Show Specialists
Wedding
Cynthia Gilbert
Fall Sailing Regatta
Melbourne Yacht Club
Edward Davis/First Baptist Church of Indialantic
Worship Service
Bridge Group
Sunshine Club of Melbourne
Concert
Melbourne Community Orchestra
Concert
Melbourne Community Orchestra
Wood Carvers Group
Space Coast Wood Carvers
Page 12
City Manager’s Activity Report
Meeting of October 2014
10/24/14
10/24/14
10/25/14
10/25/14
10/25/14
10/25/14
10/25/14
10/25/14
10/26/14
10/26/14
10/26/14
10/26/14
10/28/14
10/28/14
10/28/14
10/29/14
10/30/14
10/30/14
10/30/14
10/31/14
10/31/14
10/31/14
Melbourne City Council
LEISURE SERVICES FACILITY RENTALS (continued)
Front Street Civic Center
Wedding & Reception
Donna Edwards
Eau Gallie Civic Center
Pharmacy Phancy
Carlette Williams
Melbourne Auditorium
Train Show
Brevard Train Expo
Front Street Civic Center
Wedding & Reception
Aaron Chavez/Jashyra Jiminez
Crane Community Center
Wedding Reception
Angelina Koontz
Lipscomb Community Center
Party
Jones/Jackson Families
Ballard Pavilion
Firm Picnic
Linda Slaughter/Carr, Riggs & Ingram, LLC
Eau Gallie Civic Center
Wedding
Osvaldo Diaz
Front Street Civic Center
Wedding & Reception
Krishana Phipps
Crane Community Center
30th Birthday Party
Nicholas Schultz
Ballard Pavilion
Company Picnic
Bobbi Watts
Eau Gallie Civic Center
50th Wedding Anniversary
Ann Marie Brooks Mullings
Melbourne Auditorium
Expo – Insurance
Health First of Brevard
Front Street Civic Center
Retirement Party
City Attorney’s Office
Crane Community Center
Bridge Group/Board Mtg.
Sunshine Club of Melbourne
Melbourne Auditorium
Concert
Melbourne Municipal Band
Melbourne Auditorium
Concert
Melbourne Municipal Band
Front Street Civic Center
Social Hour
Robin Francis/Intersil
Crane Community Center
Wood Carvers Group
Space Coast Wood Carvers
Melbourne Auditorium
Comedy Show
Fraternal Order of Police
Front Street Civic Center
Wedding & Reception
Madison Abner
Eau Gallie Civic Center
Charity Ball
Anthony Moore
UTILITY BILLS
INTERNET STATISTICS
ACH* CUSTOMERS
# of bills – 12,253
% of total – 21.7%
3rd Party Wire Payments
# of bills – 10,166
% of total – 18%
Page Views – 96,639
*Automated Clearing House
Page 13
Melbourne City Council
DEPARTMENT:
COMMUNITY DEVELOPMENT
November 25, 2014
City Manager’s Agenda Report
Reading No.
Public Hearing
Disclosure Required
Item No.
2
Yes
Yes
8
SUBJECT
Ordinance No. 2014-68: Conditional Use Request (CU-2014-08) for the consumption of beer
and wine on the premises (Imperial Salon and Spa).
BACKGROUND/CONSIDERATION
This is a request to allow consumption of beer and wine on the premises, accessory to a salon
and spa, in a 10,500 SF unit of a developed 9.67±-acre parcel zoned C-P (Commercial
Parkway). The proposed business is to be located within one unit of an existing 107,837±
square foot multi-unit shopping center located on the southeast corner of East Eau Gallie
Boulevard and North Riverside Drive (205 East Eau Gallie Boulevard).
Since 2010, Imperial has offered a variety of personal services for hair, nails, massage therapy
and other spa related amenities, by licensed professionals, as their primary business. Imperial
would now like to offer limited complimentary alcoholic beverages (beer and wine) in
conjunction with these services.
The surrounding area is predominately a mixture of restaurants, retail and office uses, with one
99-unit, multi-family property. A new residential subdivision is under construction to the south of
the shopping center (Oceanside Village Phase 3B).
A site plan is not required, since the proposed changes do not reach the thresholds established
in City Code. Staff has proposed a condition that will only allow the consumption of alcohol to
occur as an accessory use to the spa/salon and only during the hours of operation for the
spa/salon.
The Planning and Zoning Board voted unanimously to recommend approval of this request at its
October 16, 2014 meeting.
FISCAL IMPACT (IF APPLICABLE)
N/A
REQUESTED ACTION
Recommend approval of Ordinance No. 2014-68, based upon the findings and conditions
contained in the Planning and Zoning Board memorandum.
Page 14
Item No. 8
MEMORANDUM
Community Development
Department
TO:
Michael A. McNees, City Manager
THRU:
Cindy Dittmer, AICP, Community Development Director
FROM:
Cheryl A. Dean, AICP, Planning Manager
RE:
Conditional Use Request (CU-2014-08) for Consumption of Beer and
Wine on Premises – Imperial Salon & Spa (205 East Eau Gallie
Boulevard)
DATE:
October 30, 2014
Owner/Applicant/Representative
Dead River Causeway, LLC, Owner; Imperial Salon and Spa, II, Inc., Applicant;
Geoffrey Smith, Smith & Associates, Representative
Proposed Action
The applicant is requesting to allow consumption of beer and wine on premises,
accessory to a salon and spa, in a 10,500 square foot unit of a developed 9.67± acre
parcel zoned C-P (Commercial Parkway).
Location
The property is located on the southeast corner of East Eau Gallie Boulevard and North
Riverside Drive – a.k.a. 205 East Eau Gallie Boulevard, in Township 27, Range 37,
Section 14.
History
The request is located on a portion of several lots of the Town of Eau Gallie Beach
Subdivision (PB 1, PG 47), recorded in 1941. The conditional use area is one unit of
the Causeway Shopping Center, originally constructed in 1966. The property has a
General Commercial Future Land Use designation.
Adjacent Property Future Land Use and Zoning
To the East: Restaurant, retail store, mini-storage building, and a church
Zoning: C-P, C-C-2 (General Commercial), C-1 (Neighborhood Commercial)
Land Use: General Commercial
To the North: Gas station; across Eau Gallie Boulevard, bank; shopping center
(Indian Harbor Beach)
Zoning: C-C-P; B-1 (Indian Harbor Beach)
Land Use: General Commercial; COM (Indian Harbor Beach)
Page 15
Item No. 8
To the West: Across Riverside Drive, bank, business, apartments owned by the
Housing Authority of Brevard County
Zoning: C-C-P, C-P and R-2 (10) (One-, Two-, and Multiple-Family Residential
Medium Density District with a cap of 10 units per acre)
Land Use: General Commercial, Medium Density Residential
To the South: Oceanside Village Phase 3B (PB60, PG30)
Zoning: R-2 (3)
Land Use: Low Density Residential
Issues and Considerations
The salon and spa want to offer alcoholic beverages (beer and wine) on premises as
part of the spa’s services. This request requires approval of a conditional use. The
Conditional Use standards are presented in Appendix B, Article IX, Section 5.
Additional stipulations for the sale and consumption of beer and wine on premises are
presented in Appendix B, Article VI, Section 2(O).
Imperial Salon and Spa is a 10,500± square foot business that has been located in the
Causeway Shopping Center since 2010. Imperial offers a variety of personal services
for hair, nails, massage therapy, and other spa-related amenities. Imperial will operate
their personal services as their primary business, in addition to offering limited
complimentary alcoholic beverages (beer and wine) in conjunction with these services.
 Surrounding Area: The Conditional Use standards require a determination that the
Conditional Use will not be injurious to the neighborhood or otherwise detrimental to
the public welfare, and are in harmony with the general purpose of the zoning
ordinance. The character and use of adjoining buildings and those in the vicinity, the
number of persons residing or working in such buildings, and traffic conditions in the
vicinity are all factors that shall be taken into account.
Within a 500-foot radius of the subject property there is predominately a mixture of
restaurants, retail and office uses, with one 99-unit, multi-family property built in
1970 and the last phase of the Oceanside Village residential development. The
closest house of worship, Coastline Community Church, exceeds the distance
requirements for the consumption on premises (as described in Appendix B, Article
VI, Section 2(Q)).
 Access: This property abuts two major roadways, including Eau Gallie Boulevard
(100± feet of right-of-way) and Riverside Drive (100± feet of right-of-way). The spa
shares access and parking with the other units in the shopping center.
 The Site: The proposed use is a high-end salon and spa, where clients are offered
a variety of personal services, including but not limited to haircut, facial, massage,
manicure or pedicure, all provided by licensed professionals in a relaxing
environment. In addition to the more traditional salon and spa services, the
applicant proposes to offer complimentary beverages included with their services.
Complimentary beverages may include but are not limited to coffee, water, soda, or
an alcoholic beverage (beer or wine). The consumption of alcoholic beverages in
conjunction with the facility is the reason for the conditional use approval. Staff has
Page 16
Item No. 8
proposed a condition that will only allow the consumption of alcohol to occur as an
accessory use to the salon and spa, as well as only during the hours of the salon
and spa.
Since the request is accessory to the primary business, and is intended for existing
clients, there should be no substantial impact on the area. Staff has proposed
conditions to ensure that the request will remain accessory in nature.
JPA review Comments
The project is located within the Joint Planning Agreement review area and no
comments have been received from Brevard County to date.
Concurrency
The site is developed and occupies an existing building. Accordingly, the proposed use
should not significantly impact public infrastructure systems and facilities.
SUMMARY
 The request for consumption of beer and wine on premises is accessory to the
principal use of the subject property (i.e., a salon and spa).
 A site plan is not required, since the proposed changes do not reach the thresholds
established in City Code.
 This is an existing developed site and therefore was not required to submit a
rendering or environmental report.
 The proposed conditional use complies with the City’s Future Land Use Map and
Comprehensive Plan policies.
 This business is not located within five hundred (500) feet of an adult entertainment
establishment as defined in Chapter 2.6 of the Melbourne City Code, or the adult
entertainment district as described in Section 2(A)(3) of this article.
The Planning and Zoning Board voted unanimously to recommend approval of this
request at its October 16, 2014 meeting.
Recommendation
Based on the findings contained in the Planning and Zoning Board memorandum, for a
developed property located on the southeast corner of East Eau Gallie Boulevard and
North Riverside Drive, in Township 27, Range 37, Section 14 (more specifically known
as 205 East Eau Gallie Boulevard), the Planning and Zoning Board and the Community
Development Department recommend:
APPROVAL of CU-2014-08, conditional use to allow the consumption of beer and wine
on premises, accessory to a salon and spa, in a 10,500 square foot unit of a developed
9.67± acre parcel zoned C-P, with the following conditions:
a.
The sale and consumption of beer and wine is to be located completely inside the
unit of the building identified as 205 East Eau Gallie Boulevard.
b.
The consumption of beer and wine shall only be permitted as an accessory use to
the salon and spa.
Page 17
Item No. 8
c.
Consumption of beer and wine shall be limited to the hours of operation for the
salon and spa.
d.
The complimentary beer and wine shall be limited to the clients and guests of the
salon and spa.
e.
Exterior signage advertising alcoholic beverages shall be prohibited.
Page 18
Item No. 8
MEMORANDUM
TO:
Mayor and Council
FROM:
Alan King, Chairman
Planning and Zoning Board
RE:
Conditional Use Request (CU-2014-08) for Consumption of Beer and
Wine on Premises – Imperial Salon & Spa (205 East Eau Gallie
Boulevard)
DATE:
October 16, 2014
City of Melbourne
Planning & Economic
Development Department
APPLICANT: Imperial Salon and Spa, II, Inc.
REPRESENTATIVE:
Geoffrey Smith, Smith & Associates
The Planning and Zoning Board, at its regularly scheduled meeting of October 16, 2014,
reviewed the above referenced request for conditional use approval.
Following review and discussion, the Planning and Zoning Board voted unanimously to
recommend approval of CU-2014-08 to allow the consumption of beer and wine on
premises, accessory to a salon and spa, in a 10,500 square foot unit of a developed
9.67± acre parcel zoned C-P (Commercial Parkway), with the following findings and
conditions:
Findings for the Conditional Use/Site Plan
1. The requested Conditional Use to allow the consumption of beer and wine as an
accessory use to an existing salon and spa, in the C-P zoning district, is consistent
with the area's General Commercial Future Land Use designation and the goals,
objectives, and policies of the City's Comprehensive Plan.
2.
The proposed project should not change the general character of the area since a
variety of commercial establishments are located in the general vicinity of the
subject property, and no improvements will be made to the existing developed
building/unit and property.
3.
The proposed project should not cause depreciation of property values, or reduce
the safety, light and general convenience of neighboring developments.
a.
The appearance and function of the neighborhood will not be significantly
lessened due to the proposed conditional use since the subject site has
previously been used for commercial purposes.
G:\PZ\P&ZBOARD2014\MEMOS TO MAYOR & COUNCIL\CU-2014-08 IMPERIAL SALON AND SPA.DOC
Page 19
Item No. 8
Imperial Salon and Spa
October 16, 2014
Page 2 of 2
b.
The application does not impact the preservation of any city, state or federally
designated historic, scenic, archaeological, or cultural resources.
c.
The subject site is located beachside along East Eau Gallie Boulevard and is
near multiple commercial properties.
4.
Adequate transportation facilities are in place to serve the subject property. The
site has direct access to East Eau Gallie Boulevard and North Riverside Drive.
5.
The proposed conditional use is in compliance with the standards outlined in City
Code, Chapter 3, as well as Appendix B, Article V, Section 2 (use and dimensional
standards table); Appendix B, Article VI, Section 2(O) (sale of beer and wine for
consumption on premises); and Appendix B, Article IX, Section 5 (Conditional
Uses).
6.
The site is designated as General Commercial on the Future Land Use Map and is
zoned C-P. The C-P zone permits a variety of commercial uses. The consumption
of beer and wine on premises requires conditional use approval within this district.
7.
The proposal will not have any adverse impact on the public health, safety,
welfare, economic order, or aesthetics of the City.
Conditions
a. The sale and consumption of beer and wine is to be located completely inside the
unit of the building identified as 205 East Eau Gallie Boulevard.
b.
The consumption of beer and wine shall only be permitted as an accessory use to
the salon and spa.
c.
Consumption of beer and wine shall be limited to the hours of operation for the
salon and spa.
d.
The complimentary beer and wine shall be limited to the clients and guests of the
salon and spa.
e.
Exterior signage advertising alcoholic beverages shall be prohibited.
G:\PZ\P&ZBOARD2014\MEMOS TO MAYOR & COUNCIL\CU-2014-08 IMPERIAL SALON AND SPA.DOC
Page 20
Item No. 8
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Legend
City Boundary
CU-2014-08_Imperial_Salon_&_Spa
Shopping Center
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Author: City of Melbourne GIS Team
Printed by: klee
Date Saved: 9/3/2014 11:03:08 AM
Document Path: G:\PZ\P&ZBOARD2014\Maps\CU-2014-08 Imperial Salon and Spa.mxd
Illustrative purposes only.
No warranties, expressed or implied, are provided for the property records and mapping data herein,
or for their use or interpretation by the User. The City of Melbourne assumes no liability
for any damages, losses, costs or expenses, including but not limited
to attorney's fees, arising from any User's use or misuse
of the property records or mapping data provided herein.
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Item No. 8
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Legend
City Boundary
CU-2014-08_Imperial_Salon_&_Spa
Shopping Center
Page 22
Author: City of Melbourne GIS Team
Printed by: klee
Date Saved: 9/3/2014 11:03:08 AM
Document Path: G:\PZ\P&ZBOARD2014\Maps\CU-2014-08 Imperial Salon and Spa.mxd
Illustrative purposes only.
No warranties, expressed or implied, are provided for the property records and mapping data herein,
or for their use or interpretation by the User. The City of Melbourne assumes no liability
for any damages, losses, costs or expenses, including but not limited
to attorney's fees, arising from any User's use or misuse
of the property records or mapping data provided herein.
O
GIS
Item No. 8
Page 23
Item No. 8
ORDINANCE NO. 2014-68
AN ORDINANCE OF THE CITY OF MELBOURNE, BREVARD
COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING MAP, AS
IT RELATES TO THE GENERAL ZONING ORDINANCE NO. 2005120, BY GRANTING A CONDITIONAL USE TO ALLOW THE
CONSUMPTION OF BEER AND WINE ON THE PREMISES,
ACCESSORY TO A SALON AND SPA, IN A 10,500 SQUARE FOOT
UNIT OF AN OVERALL 9.67+-ACRE DEVELOPED PARCEL ZONED
C-P (COMMERCIAL PARKWAY), LOCATED ON THE SOUTHEAST
CORNER OF EAST EAU GALLIE BOULEVARD AND NORTH
RIVERSIDE (205 EAST EAU GALLIE BOULEVARD); PROVIDING
FOR CONDITIONS OF APPROVAL; PROVIDING THAT THE
PROPERTY SHALL BE DESIGNATED ON THE OFFICIAL ZONING
MAP BY THE SYMBOLS C-C-P; PROVIDING AN EFFECTIVE DATE;
AND PROVIDING AN ADOPTION SCHEDULE. (CU-2014-08)
BE IT ENACTED BY THE CITY OF MELBOURNE, FLORIDA:
SECTION 1. That the Official Zoning Map, as it relates to the General Zoning Ordinance
No. 2005-120 of the City of Melbourne, is hereby amended by granting a conditional use to allow
the consumption of beer and wine on the premises, accessory to a salon and spa, in a 10,500
square foot unit of an overall 9.67+-acre parcel zoned C-P (Commercial Parkway), located on
the southeast corner of East Eau Gallie Boulevard and North Riverside Drive (205 East Eau
Gallie Boulevard). The property is described as:
Starting at a point where the center line of South Patrick Drive intersects the south rightof-way line of State Road 518, thence go east along the south right-of-way line of State
Road 518 a distance of 250 feet to the point of beginning; thence go 560 feet on the south
right-of-way line of State Road 518; thence (at right angle) go south 660 feet, thence (at
right angle) go west 679.56 feet to the east right-of-way line of South Patrick Direct;
thence go north along the east right-of-way line of South Patrick Drive a distance of 460
feet; thence go east on a line parallel (M.O.L.) to State Road 518 a distance of 200 feet,
thence go north a distance of 200 feet to the south line of State Road 518 to the point of
beginning; said parcel of land lying within Section 14, Township 27 South, Range 37 East,
Brevard County, Florida.
SECTION 2. That this ordinance is adopted subject to the following conditions:
a.
The sale and consumption of beer and wine is to be located completely inside the
unit of the building identified as 205 East Eau Gallie Boulevard.
Page 24
Page 1 of 2
Item No. 8
b.
The consumption of beer and wine shall only be permitted as an accessory use to
the salon and spa.
c.
Consumption of beer and wine shall be limited to the hours of operation for the
salon and spa.
d.
The complimentary beer and wine shall be limited to the clients and guests of the
salon and spa.
e.
Exterior signage advertising alcoholic beverages shall be prohibited.
SECTION 3. That the above described property shall be designated on the Zoning Map
by the symbols C-C-P to indicate that said premises shall be restricted to use for that particular
conditional use along with the uses permitted in a C-P (Commercial Parkway) Zoning District.
SECTION 4. That it is hereby found and determined that the conditional use requested
satisfies the criteria established in Article IX, Section 5 (C), of the Zoning Code.
SECTION 5. That this ordinance shall effective 30 days from the date of adoption of this
ordinance and, if appealed or otherwise judicially contested, until resolution of any judicial
contests or appeals. The amendment shall be duly recorded within five business days after the
30-day period has expired and resolution of any judicial contests or appeals.
SECTION 6. That this ordinance was passed on the first reading at a regular meeting of
the City Council on the 11th day of November, 2014, and adopted on the final reading at a
regular meeting of the City Council on the
day of
, 2014.
BY:
Kathleen H. Meehan, Mayor
ATTEST:
Cathleen A. Wysor, City Clerk
Ordinance No. 2014-68
Page 25
Page 2 of 2
Item No. 8
Melbourne City Council
DEPARTMENT:
CITY ATTORNEY
November 25, 2014
City Manager’s Agenda Report
Reading No.
Public Hearing
Disclosure Required
Item No.
2
Yes
No
9
SUBJECT
Ordinance No. 2014-69: Amending and restating Chapter 18 of the Code, entitled Leisure
Services; changing the name of the Leisure Services Department to the Parks and Recreation
Department; updating existing provisions; and adding provisions regulating the use of City parks
for large group feedings and outdoor public assemblies.
BACKGROUND/CONSIDERATION
In response to numerous complaints of citizens and merchants throughout the City, the City
Council directed staff in April 2014 to research and prepare proposed regulations that would
allow the City to control and regulate public feedings in parks.
Accordingly, staff worked with Mr. Michael Kahn, an attorney who has extensive experience
representing cities and counties throughout Florida in First Amendment issues, to develop
regulations that are consistent with constitutional protections.
The proposed ordinance regulates large group feedings in public parks by amending and
restating Chapter 18 of the Code of Ordinances, and adding provisions that, among other
things, require a permit to conduct outdoor public assemblies and large group feedings; identify
the parks in which outdoor public assemblies and large group feedings are allowed; identify
hours of operation for public parks; list activities that are prohibited in public parks and
recreational facilities; provide for permit applications and fees; provide standards for issuance of
permits; identify the duties of permit holders with respect to park property; provide standards for
revocation of permits; prohibit discrimination, and require indemnification of the City and
insurance.
Following first reading, the ordinance was revised to clarify the Parks and Recreation Director’s
obligation to act promptly upon a permit application, regardless of when the application is
submitted.
FISCAL IMPACT (IF APPLICABLE)
None known at this time.
REQUESTED ACTION
Approval of Ordinance 2014-69.
Page 26
Item No. 9
MEMORANDUM
TO:
Mayor and Council
FROM:
Suzanne N. Crockett, Assistant City Attorney
Paul R. Gougelman, City Attorney
RE:
Proposed Ordinance amending and restating Chapter 18 of the Code of
Ordinances and adding provisions for regulating large group feedings and outdoor
public assemblies in public parks
DATE:
November 20, 2014
Following the City Council’s adoption of Ordinances 2014-40 and 2014-41 regulating
panhandling and aggressive panhandling, city staff returned to the task of providing Council with
information and proposed regulation to address public feedings of persons within the City’s
parks. Specifically, Council wished to address the growing concerns involving the negative,
unsafe, and unsanitary conditions left behind in the City’s public parks following large group
feedings of people by various organizations, and the impact of these conditions upon the
neighborhoods and areas surrounding these parks.
Beginning in August, City staff members (including Parks and Recreation Director Kevin Briski,
Community Development Director Cindy Dittmer, Community Redevelopment Director Doug
Dombroski, Police Chief Steve Mimbs, Commander Vincent Pryce, City Attorney Paul
Gougelman, Assistant City Attorney Suzanne Crockett) began meeting with each other and with
attorney Michael Kahn to devise appropriate regulations of large group feedings in public parks.
Staff conducted an extensive review of the City’s parks and recreation facilities, their locations
and how they are typically used. Based on this review, staff worked with Mr. Kahn, an attorney
who has extensive experience representing cities and counties throughout Florida in First
Amendment issues, to arrive at regulations that are consistent with constitutional protections and
decisional precedent.
City staff and Mr. Kahn were guided in their efforts by a fairly recent opinion of the United
States Court of Appeals for the Eleventh Circuit Court styled First Vagabonds Church of God v.
City of Orlando, Florida, 638 F. 3d 756 (11th Cir. 2011). In that case, the appellate court upheld
an Orlando ordinance which required anyone conducting a large group feeding within the
downtown park district to obtain a permit first, and which limited the maximum number of
permits that a person or organization could obtain per year per park. The court held that the
ordinance was a valid regulation of expressive conduct (assuming, without deciding, that feeding
homeless people is expressive conduct). Relying on the rationale of the U.S. Supreme Court in
Clark v. Community for Creative Non-Violence, 468 U.S. 288 (1984) and United States v.
O’Brien, 391 U.S. 367 (1968), the Circuit Court held that it is undisputed that it was within the
Page 27
Item No. 9
City of Orlando’s power to enact ordinances regulating park usage and that the city had a
substantial interest in managing park property and spreading the burden of large group feedings
throughout a greater area, and that those interests were unrelated to the suppression of speech:
the incidental restriction of alleged First Amendment freedoms was not greater than necessary to
further the city’s interests.
Based upon this precedent, Mr. Kahn worked with staff to amend and restate Chapter 18 of the
Code of Ordinances currently entitled “Leisure Services.” The proposed Ordinance retains,
updates and re-numbers many of the existing provisions in Chapter 18, but also contains
additional provisions that will assist the City in better managing its park property, especially with
respect to large group feedings and outdoor public assemblies.
On first reading of the proposed ordinance, Council identified a need to clarify the ordinance
with respect to the permit application filing time frame and the time for review/rejection of the
application to make sure they accommodate the permit appeal time frame. Accordingly, staff has
revised Section 18-29 to require the parks director to act on a completed application within 48
hours of receipt, not including weekends and holidays. This change will eliminate the perception
that the director can hold onto a permit application and then deny it 72 hours before the event
date, thereby precluding pre-event review of the denial due to the appeal time frames of Section
18-30. This revision clarifies the director’s obligation to act promptly, regardless of when the
permit application is submitted, and regardless of the event date.
Additionally, staff has revised section 18-25 by eliminating the distinction between single-event
permits and recurring permits: the current distinction is redundant and possibly confusing.
Accordingly, staff has removed section 18-25(1)b from the proposed ordinance.
Some of the changes contained in this Ordinance include:





A new Sec. 18-2 containing a statement of the purpose of Chapter 18 and containing
specific findings that will support the City’s regulation of large group feedings in its
parks;
An update of the regulations concerning alcoholic beverages in parks, as set forth in
Sec. 18-10;
A new Sec. 18-18, which lists and designates the 34 specific park properties designated
for public and recreational use, establishes closing hours for those parks and prohibits
the presence of persons in those parks after closing hours;
A new Sec. 18-19, which lists the 7 parks that may be used for large group feedings,
and the hours during which large group feedings may take place, and which prohibits
large group feedings in neighborhood parks or special use facilities;
A new Sec. 18-22, which basically revises and updates the current Sec. 18-24, by
listing the prohibited activities in parks and recreational facilities;
Page 28
Item No. 9
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
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





A new Sec. 18-23, which requires a large group feeding permit (included as part of an
outdoor public assembly permit) issued by the Parks and Recreation Director in order
to conduct or participate in the distribution or service of food at a large group feeding at
a City park or facility;
A new Sec. 18-24, which requires an outdoor public assembly permit in order to
engage in an outdoor public assembly in City parks, in addition to any other special
activity permit required under Chapter 2, Article 9 of the City Code;
A new Sec. 18-25, which sets forth the information to be provided on an application
and the fees to be charged for an outdoor public assembly permit;
A new Sec. 18-26, which provides a method for determining whether police protection
is required for an outdoor public assembly;
A new Sec. 18-28, which outlines the standards to be applied for issuing outdoor public
assembly permits;
A new Sec. 18-29, which requires the Director of Parks and Recreation to act within 72
hours upon a completed application for an outdoor public assembly permit, and
requires the director to provide reasons for denying a permit;
A new Sec. 18-30, which outlines the procedures to be followed in order to appeal the
denial of a permit by the director;
A new Sec. 18-31, which allows the director to issue a permit authorizing an outdoor
public assembly on a date, at a time, over a route, or in a different location from the
date, time, route or location requested by the applicant.
A new Sec. 18-32, which requires the director to provide notice of the issuance of a
public assembly permit to the city manager, city clerk, city engineer, chief of police,
fire chief, community development director and any other city official deemed
appropriate by the director.
A new Sec. 18-33, which prescribes the information to be set forth on a permit;
A new Sec. 18-34, which lists the duties of permit holder with respect to maintaining
possession of the permit during the event, to cleaning of the area following the event,
and to preventing the dumping of food waste;
A new Sec. 18-35, concerning the conduct of persons participating in assemblies;
A new Sec. 18-36, regarding the director’s authority to revoke a permit;
A new Sec. 18-37, prohibiting discrimination by permit holders;
A new Sec. 18-38, requiring a permit applicant to indemnify and hold the city harmless
against liability for claims arising from the outdoor public assembly, requiring proof of
insurance and the circumstances under which insurance will be waived by the city; and
A new Sec. 18-39, providing for penalties for violation of Chapter 18.
On second reading of the proposed ordinance, staff will assist Mr. Michael Kahn in the
presentation of the evidence forming the factual basis and the legal basis for the adoption of the
proposed Ordinance.
Page 29
Item No. 9
RECOMMENDATION: The City Attorney’s Office recommends consideration and approval of
Ordinance No. 2014-69.
SNC
Page 30
Item No. 9
From:
To:
CC:
Date:
Subject:
Parks
Donna Hahle <[email protected]>
"[email protected]" <[email protected]>
Bill Dennehy <[email protected]>
11/13/2014 6:08 PM
Adverse Effects of Group Feeding in Melbourne Parks for Group Feeding in Melbourne
Mr. Briski - my husband and I have been residents of Melbourne Harbor and the Harbor Walk One
condominium since 1999. We have enjoyed the proximity of 2 beautiful parks, Front St. and Bean, until
the homeless presence increased and the group feedings began in the last 3 years. We have a now
6-year old puppy, so we were in the parks often. I no longer venture into either Front St. or Bean parks for
several reasons.
- The morning after the group feedings there is typically a lot of food trash left on the ground. The photo
below shows the visible garbage, which your crew cleans up as quickly as possible by mid-morning. Prior
to that, it is unsightly and an indication of the loose food in the grass - refried beans, chicken bones, etc...
nothing I want to see or allow my dog to eat.
- The group feedings also bring an unsavory element of our Melbourne population. At Bean Park in
particular, the picnic tables are often filled with people who are obviously rolling joints and smoking
marijuana. I have been afraid to call the police because it would be obvious "the tall woman with the little
dog" made the call, and I could be a target.
- Why do I think this? Last week, thx to a watchful neighbor, a person who was part of the group feeding
pulled out an 8" cleaver and threatened another person with it. Thx to our neighbor's 911 call, 8 squad
cars and a police motorcycle arrived very quickly and took the cleaver-wielder away.
We love living in the downtown Melbourne area but we are now afraid to be amidst the group feeding
population, and believe our property values are suffering. Recently, a visitor to our condo made the
following comment: This is a beautiful area to live but a scary one, with a nod across the street to Front
St. park.
We support the ordinance rewrite that was reviewed on Tue night's council meeting. We will be traveling
and cannot attend the next meeting, but if you have questions, please contact our condo president, Bill
Dennehy, who is cc'ed on this email.
Donna Hahle
321-480-4760 cell
Sent from my iPhone
Page 31
Item No. 9
Page 32
Item No. 9
From:
To:
Date:
Subject:
Mark55 Price <[email protected]>
Kathy Meehan <[email protected]>
11/17/2014 2:26 PM
Councilwoman Betty Moore
Please support the Feeding in the Park ordinance.
We are over at bean park which is a small neighborhood park.
Thank you,
Mark Price
Page 33
Item No. 9
ORDINANCE NO. 2014-69
AN ORDINANCE OF THE CITY OF MELBOURNE, BREVARD
COUNTY, FLORIDA, RELATING TO PARKS AND RECREATION;
MAKING FINDINGS; AMENDING AND RESTATING CHAPTER 18
OF THE CODE OF ORDINANCES, ENTITLED “LEISURE
SERVICES”; CHANGING THE NAME OF THE LEISURE
SERVICES DEPARTMENT TO THE PARKS AND RECREATION
DEPARTMENT; PROVIDING FOR SECTION 18-1, DEFINITIONS;
PROVIDING FOR SECTION 18-2, PURPOSE, FINDINGS,
INTENT, AUTHORITY, RECITALS, AND FIRST AMENDMENT
PROTECTION; PROVIDING FOR SECTION 18-3, PARK OR
WATERFRONT PROPERTY; LEASE OR DISPOSAL; AND
ELECTION REQUIRED; PROVIDING FOR SECTION 18-4,
RULES AND REGULATIONS; ENFORCEMENT; PROVIDING
FOR SECTION 18-5, FEES; ESTABLISHMENT; PROVIDING FOR
SECTION 18-6, RESERVATION OF PARK; FACILITY USE
PERMIT REQUIREMENT; PROVIDING FOR SECTION 18-7,
APPLICATION, PROVIDING FOR SECTION 18-8, ISSUANCE OF
PERMIT; PROVIDING FOR SECTION 18-9, APPEAL; RIGHTS
AND REVOCATION (FACILITY USE PERMIT); PROVIDING FOR
SECTION 18-10, ALCOHOLIC BEVERAGES; PROVIDING FOR
SECTION 18-11, DRESS; PROVIDING FOR SECTION 18-12,
CONCESSIONS;
PROVIDING
FOR
SECTION
18-13,
ADVERTISING; PROVIDING FOR SECTION 18-14, OPERATION
OF VEHICLES, BICYCLES, AND CARTS; PROVIDING FOR
SECTION 18-15, SPEED OF VEHICLES; PROVIDING FOR
SECTION 18-16, PARKING; PROVIDING FOR SECTION 18-17,
DOMESTIC ANIMALS; PROVIDING FOR SECTION 18-18,
PARKS AND FACILITIES; DESIGNATION OF PARK PROPERTY
FOR PUBLIC AND RECREATIONAL USE; CLOSING HOURS;
PROVIDING FOR SECTION 18-19, PARKS DESIGNATED FOR
LARGE GROUP FEEDINGS; PROVIDING DAYS AND HOURS
FOR LARGE GROUP FEEDINGS; PROVIDING FOR SECTION
18-20, SPECIAL CONDITIONS; EMERGENCIES; PROVIDING
FOR SECTION 18-21, POSTING OF PARK CLOSING HOURS;
PROVIDING FOR SECTION 18-22, PROHIBITED ACTIVITIES IN
PARKS AND RECREATIONAL FACILITIES; PROVIDING FOR
SECTION 18-23, LARGE GROUP FEEDINGS IN PARKS AND
PARK FACILITIES; PROVIDING FOR SECTION 18-24, PERMITS
AND AUTHORIZATIONS REQUIRED; PROVIDING FOR
SECTION 18-25, APPLICATION FOR OUTDOOR PUBLIC
ASSEMBLY PERMIT; PROVIDING FOR SECTION 18-26, POLICE
PROTECTION; PROVIDING FOR SECTION 18-27, PUBLIC
ISSUE
SPEECH;
PROVIDING
FOR
SECTION
18-28,
STANDARDS FOR ISSUANCE OF PERMIT; PROVIDING FOR
Page 1 of 34
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Item No. 9
SECTION 18-29, NOTICE OF REJECTION OF APPLICATION
FOR PERMIT; PROVIDING FOR SECTION 18-30, APPEAL
PROCEDURE (OUTDOOR PUBLIC ASSEMBLY PERMIT);
PROVIDING FOR SECTION 18-32, ALTERNATIVE PERMIT;
PROVIDING FOR SECTION 18-33, NOTICE TO CITY OFFICIALS;
PROVIDING FOR SECTION 18-34, CONTENTS OF PERMIT;
PROVIDING FOR SECTION 18-35, DUTIES OF PERMITTEE;
PROVIDING FOR SECTION 18-35 PUBLIC CONDUCT DURING
ASSEMBLIES; PROVIDING FOR SECTION 18-36, REVOCATION
OF PERMIT; PROVIDING FOR SECTION 18-37, UNLAWFUL
DISCRIMINATION PROHIBITED; PROVIDING FOR SECTION 1838, INDEMNIFICATION AND INSURANCE; PROVIDING FOR
SECTION 18-39, PENALTIES; PROVIDING FOR SEVERABILITY
AND INTERPRETATION; PROVIDING AN EFFECTIVE DATE;
AND PROVIDING FOR ADOPTION.
WHEREAS, the City of Melbourne has formerly enacted Chapter 18 of its Code to
promulgate rules and regulations for governing its Leisure Services Department including but
not limited to rules and regulations governing the use of City-owned or controlled public parks
and public facilities; and
WHEREAS, the City of Melbourne has decided for the betterment of the public health,
safety and welfare to amend Chapter 18 to revise and amplify the rules governing the use of
City-owned or controlled parks and facilities and to change the name of the department to the
Parks and Recreation Department; and
WHEREAS, the City of Melbourne encourages use of City-owned or controlled parks by
City residents in a safe, sanitary, and aesthetically pleasing atmosphere; and
WHEREAS, unregulated large group feeding in public parks owned or controlled by the
City has resulted in litter on park grounds and surrounding rights-of-way such as food, food
containers, and other food wrappings, creating hazards to the health, safety, and welfare of
citizens, birds and animals, and is detrimental to the aesthetic atmosphere of parks; and
WHEREAS, large group feedings in public parks owned or controlled by the City require
Page 2 of 34
Page 35
Item No. 9
provision of adequate trash receptors and additional park personnel for inspection and cleanup
of park grounds, which would be more manageable by advance notice and regulation of large
group feedings through a permit system; and
WHEREAS, the City of Melbourne is experiencing a steady and significant increase in
residential and other growth and a corresponding competition for park space and usage by
citizens; and
WHEREAS, excessive use of parks and park facilities in City-owned or controlled parks
for large group feedings by single persons or groups denies that park or facility space for use by
other citizens, which placement of reasonable time, place, and manner restrictions for large
group feedings would resolve; and
WHEREAS, testimony before City Council has demonstrated that fear, intimidation, and
criminal acts have accompanied or followed some large group feedings in some parks owned or
controlled by the City, which has affected the health, safety and welfare of City residents; and
WHEREAS, the City is committed to and has provided for and set aside reasonable,
ample, alternative land space within parks owned or controlled by the City for large group
feedings by religious and other organizations; and
WHEREAS, the current parks and park facilities owned or controlled by the City and
future parks owned or controlled by the City are particularly affected by all the foregoing
conditions and confining large group feedings to only a few parks owned or controlled by the
City without adequate time, place, and manner regulations as provided for by this ordinance
would continue to adversely affect the health, safety and welfare of the citizens of the City of
Melbourne; and
WHEREAS, aesthetics of parks and other City property is a significant and important
Page 3 of 34
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Item No. 9
government interest; and
WHEREAS, the safety of pedestrian traffic in City rights-of-way and parks is a significant
and important government interest; and
WHEREAS, the health, safety and welfare of Melbourne citizens is a significant and
important government interest; and
WHEREAS, preservation of improvements in urbanized environment which has been the
subject of significant financial and other resources of the City of Melbourne is a significant and
important government interest.
BE IT ENACTED BY THE CITY OF MELBOURNE, FLORIDA:
SECTION 1. That Chapter 18 of the City Code of Melbourne, Florida, is hereby amended
to read as follows:
ARTICLE I. IN GENERAL
Sec. 18-1.
Park or waterfront property; lease or disposal; election required; designation of
park property and property dedicated for public recreational use.
(a)
The city, by its duly elected officials, is hereby prohibited from selling, leasing, or in
any manner, disposing of city-owned property: 1) designated as "park property"; 2) dedicated by
the city for public use; or 3) having riparian and littoral rights and designated as "waterfront
property," without being approved by a majority vote of the qualified electors of the city voting at
an election as required by law.
(b)
Subsection (a) shall not apply in cases in which: (1) the city manager certifies to
the city council that the public benefit outweighs the interest of not selling, leasing, or in any
manner, disposing of said property without a referendum; and (2) the land area of the property
to be sold, leased, or otherwise disposed of, individually or in combination with other adjacent
properties previously sold, leased, or otherwise disposed of, is less than two (2) acres in size.
(c)
The following city-owned properties are designated as the sole "park properties"
subject to this section:
Babcock Park.
Ballard Park.
Bean Park.
Bennie J. Hopkins, Sr. Park.
Page 4 of 34
Page 37
Item No. 9
Brothers Park.
Campbell Park.
Carol Williams Glanton Park.
Carver Park.
Claude Edge Front Street Park.
Cleave Frink Park.
Crane Creek Reserve Golf Course at Melbourne.
Crane Field Park.
Eau Gallie Civic Center site.
Eau Gallie Square.
Fee Avenue Park.
Grand View Shores Park.
Grant Street Community Center site.
Holmes Park.
Jimmy Moore Park.
Joe Mullins Park.
Lagoon Park.
Mallards Landing Golf Course at Melbourne.
Masterson Park.
McGrath Field Park.
Oxford Ridge Park.
Pineapple Park.
Rossetter Park.
Ruffner Park.
Sherwood Park.
Southwest Park.
Sunset Park.
Site of Wells Park, Honor America Park, Melbourne Military Park, Auditorium.
Secs. 18-2—18-15. - Reserved.
ARTICLE II. - RECREATIONAL FACILITIES AND PARKS
Sec. 18-16. - Definitions.
For the purposes of this article, the following terms, phrases, words, and their derivations
shall have the meaning given herein, when not inconsistent with the context.
Community park is designed to serve the recreational needs of an entire community and
serve community residents within a radius of up to three (3) miles, or a service population of
over five thousand (5,000) and up to ten thousand (10,000). Its size ranges from ten (10) to
twenty (20) acres. Typical facilities at a community park include ballfield, tennis court, play area,
picnic area, multi-purpose court, swimming pool, recreation building and sports field.
Director means the director of leisure services.
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Indoor recreation facility means indoor facilities owned, leased, or otherwise controlled by
the leisure services department. Indoor recreation facilities include, but are not limited to,
recreation center, tennis center pro shop, golf course clubhouse, and auditorium.
Neighborhood park and equipped play area/tot lot means a "walk to" park, generally located
along streets where people can walk or bicycle without encountering heavy traffic. It services the
population of a neighborhood in a radius of up to one-half (½) mile. Its size usually ranges up to
five (5) acres in size and it serves a population of up to five thousand (5,000). It is usually
equipped with playground equipment such as slides, jungle gyms, and swings. It is intended to
serve residents of a subdivision.
Non-resident means any person who does not reside within the city of Melbourne three
hundred sixty-five (365) days per year.
Outdoor recreation facility means outdoor areas and facilities owned, leased, or otherwise
controlled by the leisure services department. Outdoor recreation facilities include, but are not
limited to, parks, athletic fields, tennis courts, golf courses, swimming pools, playgrounds,
pavilions, medians, and bike trails.
Resident means any person residing within the City of Melbourne three hundred sixty-five
(365) days per year.
Staff means duly authorized personnel of the leisure services department serving under the
director of leisure services.
Vehicle shall mean every device capable of being operated upon a public roadway or
waterway. The terms includes, but is not limited to, cars, trucks, boats, trailers, motorcycles,
trains, buses, and other motorized means of conveyance.
Sec. 18-17. Rules and regulations; enforcement
(a)
The director of leisure services and staff, subject to the approval of the city
manager, are hereby empowered to adopt rules and regulations governing the management,
operation, and use of recreational facilities and parks.
(b)
The director and staff are hereby granted authority to expel persons in violation of
this article from any recreational facility or park.
Sec. 18-18. - Fees; establishment.
The city may charge fees for the use of recreational facilities to defray the actual costs. Fees
will be established by the city manager or city council from time to time.
Fees will be established based on the following categories: leisure services department
sponsored groups; resident, non-profit, or community groups; and non-resident, private,
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commercial, and other groups. However, all standard rental fees shall apply to use of the
Melbourne Auditorium, Front Street Civic Center, and Eau Gallie Civic Center.
The leisure services director or city manager may waive fees for use of city recreational
facilities by city sponsored programs.
Sec. 18-19. Reservation of park—Special permit required.
A special permit must be obtained from the leisure services director before any park area
may be reserved.
Sec. 18-20. Same—Application.
The leisure services director shall provide for the format of the application for a special
permit.
In addition to the required application, all applicants must enter into an agreement with the
city providing that at all times they will indemnify and hold harmless the city from and against
any and all liability, claims, demands, damages, expenses, fees, fines, penalties, or suits arising
from the use of the park.
Sec. 18-21. Same—Issuance of permit.
(a)
The leisure services director or staff shall issue a special permit once an applicant
has completed the application, submitted all required documents, met all conditions, and staff
concurs with the issuance of a permit.
(b)
A permit holder shall be bound by all park rules and regulations and all applicable
ordinances as though they were fully set out in the special permit.
(c)
A permit holder shall display the permit during the activity period. Additionally, the
permit holder shall allow any authorized person to inspect the permit for the purpose of
enforcing any rules, regulations, or codes.
Sec. 18-22. Same—Appeal, rights and revocation.
(a)
Appeal. A person aggrieved by a decision of the leisure services director in the
issuance or denial of a special permit may appeal to the city manager. A person aggrieved by a
decision of the city manager may appeal to the city council.
(b)
Revocation. The leisure services director shall have the authority to revoke a
special permit upon a finding of violation of any rule or ordinance, or upon good cause shown.
Sec. 18-23. Hours; closed areas.
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(a)
Except for unusual and unforeseen emergencies, parks shall be open to the public
every day of the year during designated hours. The opening and closing hours for each
individual park shall be posted therein for public information.
(b)
The director of leisure services may close any park or section of any park or
prohibit certain uses at any park for the time necessary to remedy any unforeseen
circumstances, effect repairs, or provide maintenance.
(c)
No person in a park shall enter an area posted as being closed to the public,
unless they have permission of staff.
Sec. 18-24. Recreational facilities and parks.
No person in a recreational facility or park shall:
(a)
Mark, deface, or disturb any structure, whether permanent or temporary, including
any building, bridge, table, bench, fireplace, railing, paving or paving material, water line or other
public utility, irrigation head, sign, notice, stake, post or other boundary marker.
(b)
Fail to maintain restrooms in a neat and sanitary condition.
(c)
Dig, disturb, damage, cut, carve, or remove any soil, rock, stone, tree, shrub,
plant, or plant material. Nor shall any person climb any tree or walk, stand, or sit upon
monuments, vases, fountains, railings, fences not designated or customarily used for such
purposes.
(d)
Construct or erect any structure, whether permanent or temporary; run or string
any rope, wire, or other contrivance, without permission from the leisure services director or
staff.
(e)
Smoke except in designated areas.
(f)
Disturb or interfere unreasonably with any legitimate uses, including picnics,
meetings, classes, games, practices, meets, tournaments, exhibitions, camps, special events.
(g)
Hit golf balls except in areas designated for such activity.
(h)
Launch or operate any aircraft, including but not limited to, hot air balloons,
airplanes, paraplanes, ultralights, helicopters, and gliders.
(i)
Launch or operate any model rockets, airplanes, gliders, boats, or vehicles, except
in areas or at times specifically designated for this purpose or by special permission of the
leisure services director.
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Additionally, at the recreational facilities, children eight (8) years of age or younger must be
accompanied by a parent, legal guardian, or person sixteen (16) years of age or older having
care and custody of the child.
Sec. 18-25. Operation of vehicles, bicycles, and carts.
(a)
No person in a park or recreational facility may operate, drive, or ride any vehicle
except on roadways, paved or unpaved; parking areas; or other areas so designated. The
provisions of this subsection shall not apply to city vehicles or vehicles authorized by the leisure
services department. All vehicles with a gross weight exceeding ten (10) tons are prohibited.
(b)
Except as otherwise permitted, bicycles are prohibited on the golf courses.
(c)
Only city-owned electric rental carts are allowed on the golf courses and cart
paths. Rental carts may not be removed from the golf courses.
Sec. 18-26. Speed of vehicles.
Unless otherwise posted, no person in a park shall operate, ride or drive a vehicle at a rate
of speed exceeding five (5) miles per hour.
Sec. 18-27. Parking generally.
It shall be unlawful to:
(a)
Park a vehicle in an area other than an established or designated parking area.
(b)
Park a vehicle overnight without written approval of the leisure services
department.
(c)
Park a vehicle having a gross weight exceeding ten (10) tons.
Vehicles in violation of this subsection may be towed and stored at the owner's expense.
Sec. 18-28. Boating.
Boating vessels are prohibited unless a public launch facility has been provided and the
area designated for such activity.
Sec. 18-29. - Swimming; public pools.
Swimming is permitted in designated areas. However, under no circumstances will wading
or swimming be allowed in the waters of the golf courses.
Lifeguards or other staff shall have the authority to order persons out of the swimming pools
as conditions require.
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Children eight (8) years of age or younger will not be permitted at the public pools unless
accompanied by a parent, legal guardian, or person sixteen (16) years of age or older having
care and custody of the child.
Sec. 18-30. Fishing.
Fishing is permitted in parks and recreational facilities unless otherwise posted; however, no
fishing of any kind shall be permitted at the golf courses.
Sec. 18-31. Camping.
Camping is prohibited unless authorized by the leisure services director.
Sec. 18-32. Picnic areas.
Picnic areas are available on a first come, first served basis. Picnic areas may not be used
for more than two (2) hours unless a special permit has been issued by the leisure services
director or staff pursuant to this chapter.
A person using a picnic area must remove all trash and debris and extinguish all fires before
vacating the area.
Sec. 18-33. Alcoholic beverages.
(a)
No person shall consume, possess or sell alcoholic beverages as defined in F.S.
Chs. 563, 564 and 565 in any city park without obtaining a special permit under the provisions of
this chapter from the leisure services department. Applicants must also obtain any required
state or county licenses.
(b)
Permits shall be issued without charge pursuant to section 18-41 of the Code
provided the following additional conditions are met:
(1)
The applicant must describe in the application how alcoholic beverages will be
controlled to ensure under-age consumption does not occur.
(2)
A deposit not to exceed two hundred dollars ($200.00) must be posted with the
leisure services department. The leisure services director or staff shall determine
the amount of the deposit required. The deposit will be returned when staff has
determined there were no damages and all trash and debris have been removed.
(3)
The applicant must demonstrate that all applicable statutes and ordinances
regarding sale, possession or consumption of alcoholic beverages have been
complied with and that the activity will not unduly interfere with the enjoyment of
the park facilities by other citizens.
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(4)
Permits shall be issued for individual events and shall not exceed a twenty-fourhour period.
Sec. 18-34. Fires.
No person in a park shall build or attempt to build a fire except in such areas and under
such regulations as may be designated.
Sec. 18-35. Horseback riding.
Horses are prohibited in parks and recreational facilities except in designated areas.
Sec. 18-36. Domestic animals.
Domestic animals are permitted in parks, unless posted; however, they must be restrained
with a leash no longer than fifteen (15) feet. The person in control of the domestic animal is
responsible for clean-up after the animal.
Domestic animals, except service animals, are not permitted inside recreational facilities or
on the golf courses.
Sec. 18-37. Dress.
The leisure services director and staff may develop dress codes appropriate for each facility.
If a dress code has been developed for a facility, it shall be prominently displayed.
Sec. 18-38. Concessions.
The leisure services department shall control all concession rights for recreational facilities
and parks. Any individual, group, or organization wishing to operate concessions must have
permission from the leisure services director or staff. The leisure services director shall provide
for administrative procedures for concessions.
Sec. 18-39
Advertising.
No person shall distribute, post, place, or erect any advertising, handbill, circular, bill, notice,
billboard, paper or other advertisement device without written permission of the leisure services
director or staff.
Sec. 18-1.
Definitions
The following terms, when used in this Chapter shall have the meanings respectively
ascribed to them in this section:
Advertise means the act of publicly announcing or calling public attention to a person,
thing, place or event and shall include, but not be limited to, the distribution of handbills or mass
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mailings, the use of outdoor advertising and announcements by radio, television, or newspaper.
Bikeways (bicycle ways) means a facility within the street, within the street right-of-way,
or within a separate right-of-way or easement improved for use by bicyclists.
Chief of police means the chief of police of the City of Melbourne, Florida, or his
designee.
Community park means a park that is designed to serve the recreational needs of an
entire community and serve community residents within a radius of up to three (3) miles, or a
service population of over five thousand (5,000) and up to ten thousand (10,000). Its size ranges
from ten (10) to twenty (20) acres. Typical facilities at a community park include ballfield, tennis
court, play area, picnic area, multi-purpose court, swimming pool, recreation building and sports
field.
Director means the director of the parks and recreation department of the City of
Melbourne, Florida, or his designee.
Directors means the persons appointed by the city manager who function as the heads of
various departments in the city.
Facility use permit means the permit issued by the parks and recreation department for
use of city parks and facilities that are under control of the department.
Hardscape means an improved sidewalk surface area, including, but not limited to,
concrete, brick, pavers, tile, or other masonry materials.
Hardscape furnishings means rigid objects or fixtures located within a hardscape,
including, but not limited to, lamp posts, benches, trash receptacles, tree grates, tree guards,
utility boxes, traffic equipment cabinets, traffic signal poles, flower pots, planters, mail boxes,
newspaper dispensers, parking meters, hitching posts, bollards, and signs.
Indoor recreation facility means indoor facilities owned, leased, or otherwise controlled by
the parks and recreation department. Indoor recreation facilities include, but are not limited to,
recreation center, tennis center pro shop, golf course clubhouse, and auditorium.
Landscape means an improved area of ground specifically intended to grow various plant
materials, which may consist of turf, lawn, grass, trees, tree wells, shrubs, hedges, flowers,
flowering plants (annuals and perennials), planter beds, planter pots, planter bowls, hanging
baskets, and all plant materials contained therein.
Large group feeding which is included in the category of an outdoor public assembly
means an event intended or advertised to attract, attracting, or likely to attract fifteen (15) or
more people, including distributors and servers, in a park or park facility owned or controlled by
the city, including adjacent sidewalks and rights-of-way in the city predominantly for the delivery
or service of food. Excluded from this definition are activities of city licensed or contracted
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concessionaires, lessees, or licensees.
Large group feeding permit means a permit which shall be included and separately
provided for within the outdoor public assembly permit as specifically indicated therein with the
same rules, regulations and requirements of an outdoor public assembly permit unless
otherwise specified herein.
Neighborhood park and equipped play area/tot lot means a "walk to" park, generally
located along streets where people can walk or bicycle without encountering heavy traffic. It
services the population of a neighborhood in a radius of up to one-half (½) mile. Its size usually
ranges up to five (5) acres in size and it serves a population of up to five thousand (5,000). It is
usually equipped with playground equipment such as slides, jungle gyms, and swings. It is
intended to serve residents of a subdivision.
Non-resident means any person whose personal place of domicile is located outside of
the city limits of Melbourne.
Outdoor public assembly or assembly means any celebration, gathering, ceremony,
show, exhibition, concert, pageant, rally, demonstration, or assembly of any kind, which is, (a)
calculated to attract at any one time the physical attendance or attention of over fifty (50)
persons, and (b) is held in any municipal park.
Outdoor recreation facility means outdoor areas and facilities owned, leased, or
otherwise controlled by the parks and recreation department. Outdoor recreation facilities
include, but are not limited to, parks, athletic fields, tennis courts, golf courses, swimming pools,
playgrounds, pavilions, medians, and bike trails.
Outdoor public assembly permit or permit means a permit as required by this Chapter.
Parks means those areas listed in Section 18-18 and any other areas officially
designated by city council as a park and posted as such.
Park facilities means any improvements or structures, either natural or artificial, including
but not limited to any other buildings, shelters, pavilions, benches, tables, playground
equipment, bird feeders, walls, fences, fountains, walkways, restroom facilities, and signs
located in, upon or around a park.
Park grounds means the real property, including rights-of-way, upon which parks are
located and any and all trees, shrubbery, flowers, leaves, grasses, plants, landscaping, dirt and
rocks located above, on or under said property.
Person means any individual person, or any firm, partnership, association, corporation,
company or organization of any kind, or any combination of such persons.
Public use means any lawful utilization of park grounds and facilities which is not
prohibited by any applicable regulation, ordinance, or law and which does not in fact interfere
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with, or tend to interfere with or obstruct the use of the park grounds or facilities by the general
public or by any other person or person previously authorized to utilize the same.
Resident means any person whose principal place of domicile is located within the city
limits of Melbourne.
Sidewalk means any area or way set aside or open to the general public for purposes of
pedestrian traffic, whether or not it is paved.
Staff means duly authorized personnel of the parks and recreation department serving
under the director.
Street means any place or way set aside or open to the general public for purposes of
vehicular traffic, including any berm or shoulder parkway, right-of-way, or median strip thereof.
Sunrise means the time of day designated as sunrise by the Nautical Almanac Office,
United States Naval Observatory, Washington, D.C.
Sunset means the time of day designated as sunset by the Nautical Almanac Office,
United States Naval Observatory, Washington, D.C.
Vehicle means every device capable of being operated upon a public roadway or
waterway. The terms includes, but is not limited to, cars, trucks, boats, trailers, motorcycles,
trains, buses, and other motorized means of conveyance.
Sec. 18-2.
Purpose; findings; intent; authority; recitals; First Amendment protection
(a)
Purpose. It is the purpose of this chapter to promulgate rules and regulations
regarding the use of city owned or controlled parks or recreational facilities in the interest of
public health, safety and welfare. It is also the purpose of this chapter to establish rules and
regulations regarding outdoor public assemblies including but not limited to large group feedings
in order to regulate the time, place and manner of large group feedings while mindful of
protecting any First Amendment rights related to outdoor public assemblies including but not
limited to large group feedings.
(b)
Findings. Based upon evidence presented to the city council regarding the use of public
parks and other recreational facilities owned or controlled by the city and the evidence of the
adverse secondary effects of large group feedings as well as the constitutional rights attendant
to such large group feedings including but not limited to examination of relevant case law in the
Eleventh Circuit including, but not limited to, the case of First Vagabonds Church of God v. City
of Orlando, Florida, 638 F.3d 756 (11th Cir. 2011), as well as other matters, testimony and
materials submitted at the public hearings relating this ordinance; and other matters and
documents relating to all of the above; the city council makes the following findings:
(1)
The City of Melbourne has formerly enacted Chapter 18 of its Code to promulgate
rules and regulations for governing its leisure services department including but
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not limited to rules and regulations governing the use of city-owned or controlled
public parks and public facilities; and
(2)
The city has decided for the betterment of the public health, safety and welfare to
amend Chapter 18 to revise and amplify the rules governing the use of city-owned
or controlled parks and facilities and to change the name of the department to the
parks and recreation department; and
(3)
The city encourages use of city-owned or controlled parks by city residents in a
safe, sanitary, and aesthetically pleasing atmosphere; and
(4)
Unregulated large group feeding in public parks owned or controlled by the city
has resulted in litter on park grounds and surrounding rights-of-way such as food,
food containers, and other food wrappings, creating hazards to the health, safety,
and welfare of citizens, birds and animals, and is detrimental to the aesthetic
atmosphere of parks; and
(5)
Large group feedings in public parks owned or controlled by the city require
provision of adequate trash receptors and additional park personnel for inspection
and cleanup of park grounds, which would be more manageable by advance
notice and regulation of large group feedings through a permit system; and
(6)
The city is experiencing a steady and significant increase in residential and other
growth and a corresponding competition for park space and usage by citizens; and
(7)
Excessive use of parks and park facilities in city-owned or controlled parks for
large group feedings by single persons or groups denies that park or facility space
for use by other citizens, which placement of reasonable time, place, and manner
restrictions on use for large group feedings would resolve; and
(8)
Testimony before city council has demonstrated that fear, intimidation, and
criminal acts have accompanied or followed some large group feedings in some
parks owned or controlled by the city, which has affected the health, safety and
welfare of city residents; and
(9)
The city is committed to and has provided for and set aside reasonable, ample,
alternative land space within parks owned or controlled by the city for large group
feedings by religious and other organizations; and
(10)
The current parks and park facilities owned or controlled by the city and future
parks owned or controlled by the city are particularly affected by all the foregoing
conditions and confining large group feedings to only a few parks owned or
controlled by the city without adequate time, place, and manner regulations as
provided for by this ordinance would continue to adversely affect the health, safety
and welfare of the citizens of the City of Melbourne; and
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(11)
Aesthetics of parks and other city property is a significant and important
government interest; and
(12)
The safety of pedestrian traffic in city rights-of-way and parks is a significant and
important government interest; and
(13)
The health, safety and welfare of Melbourne citizens is a significant and important
government interest; and
(14)
Preservation of improvements in urbanized environment which has been the
subject of significant financial and other resources of the City of Melbourne is a
significant and important government interest.
(c)
Intent. It is the intent of this chapter to protect and preserve the good order,
health, peace, safety and welfare of the citizens of the City of Melbourne.
(d)
Authority. This chapter is enacted under the constitutionally derived power of the
City of Melbourne in the interest of the good order, safety, health, peace and general welfare of
the citizens of Melbourne and its visitors.
(e)
Recitals. It is the city council’s further intention to accomplish those intents and
purposes expressed by the city council in the recitals of the ordinance creating this section,
which are incorporated by reference into this section.
(f)
First Amendment protection. Nothing in this chapter shall be construed to prohibit
or unreasonably restrict constitutionally protected rights. This chapter is intended where
applicable to reasonably regulate the time, place and manner of outdoor public assemblies
including but not limited to large group feedings.
Sec. 18-3.
Park or waterfront property; lease or disposal; election required.
(a)
The city, by its duly elected officials, is hereby prohibited from selling, leasing, or in
any manner, disposing of city-owned property: 1) designated as "park property"; 2) dedicated by
the city for public use; or 3) having riparian and littoral rights and designated as "waterfront
property," without being approved by a majority vote of the qualified electors of the city voting at
an election as required by law.
(b)
Subsection (a) shall not apply in cases in which:
(1)
The city manager certifies to the city council that the public benefit outweighs the
interest of not selling, leasing, or in any manner, disposing of said property without
a referendum; and
(2)
The land area of the property to be sold, leased, or otherwise disposed of,
individually or in combination with other adjacent properties previously sold,
leased, or otherwise disposed of, is less than two (2) acres in size.
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(c)
Sec. 18-4.
Park property shall constitute the property listed in Section 18-18.
Rules and regulations; enforcement.
(a)
The director and staff, subject to the approval of the city manager, are hereby
empowered to adopt rules and regulations governing the management, operation, and use of
recreational facilities and parks. Rules and regulations shall address safety of participants and
city staff; protection of facilities and property; operating hours; and age restrictions.
(b)
The director and staff are hereby granted authority to expel persons in violation of
rules and regulations developed pursuant to this article from any recreational facility or park.
Sec. 18-5.
Fees; establishment.
(a)
Other than provided for herein, the city may charge fees for the use of recreational
facilities to defray the actual costs. Fees will be established by the city manager or city council
from time to time.
(b)
Fees will be established based on the following categories: parks and recreation
department sponsored groups; resident, non-profit, or community groups; and non-resident,
private, commercial, and other groups. Standard rental fees shall apply to use of all rental
buildings.
(c)
The director or city manager may waive fees for use of city recreational facilities.
A waiver may be made on a case by case basis when the director or city manager deems the
waiver to be in the best interest of the city.
Sec. 18-6.
Reservation of park; facility use permit required.
Other than as provided for herein, a facility use permit must be obtained from the director
before any park area may be reserved.
Sec. 18-7.
Same; application.
The director shall provide for the format of the application for a facility use permit. Other
than as provided for herein, in addition to the required application, all applicants must enter into
an agreement with the city providing that at all times they will indemnify and hold harmless the
city from and against any and all liability, claims, demands, damages, expenses, fees, fines,
penalties, or suits arising from the use of the park.
18-8. Same; issuance of permit.
(a)
The director or staff shall issue a facility use permit once an applicant has
completed the application, submitted all required documents, met all conditions, and staff
concurs with the issuance of a permit.
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(b)
A permit holder shall be bound by all park rules and regulations and all applicable
ordinances as though they were fully set out in the facility use permit.
(c)
A permit holder shall display the permit during the activity period. Additionally, the
permit holder shall allow any authorized person to inspect the permit for the purpose of
enforcing any rules, regulations, or codes.
Sec. 18-9.
Same; appeal; rights and revocation (facility use permit).
(a)
Appeal. A person aggrieved by a decision of the director in the issuance or denial
of a facility use permit may appeal to the city manager. A person aggrieved by a decision of the
city manager may appeal to the city council.
(b)
Revocation. The director shall have the authority to revoke a facility use permit
upon a finding of violation of any rule or ordinance, or upon good cause shown.
Sec. 18-10. Alcoholic beverages.
(a)
No person shall consume, possess or sell alcoholic beverages as defined in F.S.
Chs. 563, 564 and 565 in any city park without obtaining an alcohol use permit under the
provisions of this chapter from the parks and recreation department. Applicants must also obtain
any required state or county licenses and comply with state and local laws.
(b)
Permits shall be issued pursuant to any approved fee schedule, provided the
following additional conditions are met:
(1)
The applicant must describe in the application how alcoholic beverages will be
controlled to ensure under-age consumption does not occur.
(2)
A deposit not to exceed two hundred fifty dollars ($250.00) must be posted with
the parks and recreation department. The director or staff shall determine the
amount of the deposit required. The deposit will be returned when staff has
determined there were no damages and all trash and debris have been removed.
(3)
The applicant must demonstrate that all applicable statutes and ordinances
regarding sale, possession or consumption of alcoholic beverages have been
complied with and that the activity will not unduly interfere with the enjoyment of
the park facilities by other citizens.
(4)
Permits shall be issued for individual events and shall not exceed a twenty-four
(24) hour period.
(c)
This section shall not apply to alcoholic beverages that are being sold or
consumed through a license issued to the city from the state.
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Sec. 18-11. Dress.
The director and staff may develop dress codes appropriate for each facility. If a dress
code has been developed for a facility, it shall be prominently displayed.
Sec. 18-12. Concessions.
The parks and recreation department shall control all concession rights for recreational
facilities and parks. Any individual, group, or organization wishing to operate concessions must
have permission from the director. The director shall provide for administrative procedures for
concessions.
Sec. 18-13. Advertising.
No person shall distribute, post, place, or erect any advertising, handbill, circular, bill,
notice, billboard, paper or other advertisement device without written permission of the director
or staff.
Sec. 18-14. Operation of vehicles, bicycles, and carts.
(a)
No person in a park or recreational facility may operate, drive, or ride any vehicle
except on roadways, paved or unpaved; parking areas; or other areas so designated. The
provisions of this subsection shall not apply to city vehicles or vehicles authorized by the parks
and recreation department. All vehicles with a gross weight exceeding ten (10) tons are
prohibited.
(b)
Except as otherwise permitted, bicycles are prohibited on the golf courses.
(c)
Only city-owned electric rental carts are allowed on the golf courses and cart
paths. Rental carts may not be removed from the golf courses.
Sec. 18-15. Speed of vehicles.
Unless otherwise posted, no person in a park shall operate, ride or drive a vehicle at a
rate of speed exceeding five (5) miles per hour.
Sec. 18-16. Parking generally.
(a)
It shall be unlawful to:
(1)
Park a vehicle in an area other than an established or designated parking area.
(2)
Park a vehicle overnight without written approval of the parks and recreation
department.
(3)
Park a vehicle having a gross weight exceeding ten (10) tons.
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(b)
expense.
Vehicles in violation of this subsection may be towed and stored at the owner's
Sec. 18-17. Domestic animals.
Domestic animals are permitted in parks, unless otherwise posted; however, they must
be restrained with a leash no longer than fifteen (15) feet. The person in control of the animal is
responsible for removing any animal waste. Domestic animals, except service animals, are not
permitted inside recreational facilities or on the golf courses.
Sec. 18-18. Parks and facilities; designation of park property designated for public and
recreational use; closing hours; presence after closing hours prohibited.
(a)
The closing hours set forth in this section apply to the following parks and facilities:
(1)
Babcock Park.
(2)
Ballard Park.
(3)
Bean Park.
(4)
Bennie J. Hopkins, Sr. Park.
(5)
Brothers Park.
(6)
Campbell Park.
(7)
Carol Williams Glanton Park.
(8)
Carver Park.
(9)
Claude Edge Front Street Park and Front Street Civic Center.
(10)
Cleave Frink Park.
(11)
Crane Creek Reserve Golf Course at Melbourne.
(12)
Crane Field Park and Crane Community Center.
(13)
Eau Gallie Civic Center site.
(14)
Eau Gallie Square.
(15)
Fee Avenue Park.
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Item No. 9
(16)
Grand View Shores Park.
(17)
Grant Street Community Center site.
(18)
Holmes Park.
(19)
Jimmy Moore Park.
(20)
Joe Mullins Park.
(21)
Lagoon Park.
(22)
Lipscomb Park and Lipscomb Community Center.
(23)
Mallards Landing Golf Course at Melbourne.
(24)
Masterson Park.
(25)
McGrath Field Park.
(26)
Oxford Ridge Park.
(27)
Pineapple Park.
(28)
Riverview Park.
(29)
Rossetter Park.
(30)
Ruffner Park.
(31)
Sherwood Park.
(32)
Southwest Park.
(33)
Sunset Park.
(34)
Wells Park, which includes the Honor America site, Melbourne Military Park, and
Melbourne Auditorium.
(b)
Except as otherwise specifically provided by the director, the parks listed in
Subsection (a) above shall be open for public use between the hours of 7:00 a.m. until sunset of
the same day and shall be closed to public use from sunset until 7:00 a.m. of the following day.
Such closing hours shall not apply to activities being held pursuant to approval or permit granted
by city council, the director, or the chief of police when such approval or permit specifies longer
hours.
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Sec. 18-19. Parks for large group feedings; days and hours for large group feedings.
(a)
Large group feedings shall only occur in the following municipal parks during the
hours specified:
(1)
Southwest Park
Monday through Friday from 10:00 a.m. until 2:00 p.m.
(2)
Lipscomb Park
Monday through Friday from 10:00 a.m. until 2:00 p.m.
(3)
Crane Park
Monday through Friday from 10:00 a.m. until 2:00 p.m.
(4)
Carver Park
Monday through Friday from 10:00 a.m. until 2:00 p.m.
(5)
Riverview Park
Saturday and Sunday from 10:00 a.m. until 2:00 p.m.
and from 4:00 p.m. until 5:00 p.m.
(6)
Wells Park
Monday through Sunday from 10:00 a.m. until 2:00
p.m.
(7)
Jimmy Moore Park
Saturday and Sunday from 10:00 a.m. until 2:00 p.m.
and from 4:00 p.m. until 5:00 p.m.
(b)
No large group feedings may occur in neighborhood parks.
Sec. 18-20. Special conditions; emergencies.
The director is authorized to:
(1)
Close or alter the hours of operation for designated city parks and facilities if, in
the director's discretion, said closure or alteration is in the best interest of the public health,
safety and welfare and upon the erection of appropriate signs giving notice thereof.
(2)
Enforce regulations to cover emergency, hazardous or special conditions and
place and maintain appropriate signs to warn the public.
(3)
Make temporary rules regulating the use of listed parks or facilities if such
measures are deemed by the director to be in the best interest of the public health, safety and
welfare. Such temporary rules shall not remain in effect for more than ninety (90) days without
approval by city council, nor shall any such rule be binding upon the public unless indicated by
appropriate signs.
Sec. 18-21. Posting of park closing hours.
The director shall provide for the installation and maintenance of a sign in each park that
has closing hours, and each sign shall recite the closing hours of the particular park. Each sign
shall be displayed prominently in the park and in a manner calculated to give notice to the
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general public of the closing hours of the park.
Sec. 18-22. Prohibited activities in parks and recreational facilities.
(a)
Except for activities of a governmental agency within the scope of its governmental
authority, or unless specifically permitted to do so by a permit or approval issued pursuant to
this Chapter, it shall be unlawful for any person to do any of the following in a park or
recreational facility owned or controlled by the city:
(1)
Sleep at any time during the hours from sunset to sunrise of the following day.
(2)
Cook food except where facilities for such preparations are provided by the city.
(3)
Build, attempt to build, set or stoke a fire except in such areas and under such
regulations as may be designated and where appropriate facilities are provided by
the city.
(4)
Dig, disturb, damage, cut, carve, or remove any soil, rock, stone, tree, shrub,
plant, or plant material, holes or otherwise disturb the natural surface of the
ground.
(5)
Climb any tree or walk, stand, or sit upon monuments, vases, fountains, railings,
fences not designated or customarily used for such purposes.
(6)
Pick flowers or damage or remove plants, trees, shrubs, or any part of the park
grounds.
(7)
Erect signs or affix signs to any tree, post or park facility or grounds.
(8)
Drive, putt or otherwise hit a golf ball or shoot an arrow, except in areas
specifically designated for those purposes by signs installed by the director.
(9)
Kill, injure, harm, capture, chase, poison, or remove any wildlife, animal, bird, or
touch, break, remove, or relocate any bird egg located above, upon or under park
grounds.
(10)
Write on, draw on, or otherwise deface, damage, remove or destroy any park
facility or any part of the park grounds.
(11)
Purchase, sell, offer for sale, possess or consume any alcoholic beverages as
defined by the laws of Florida except as permitted under this section and Chapter
3 of this Code.
(12)
Sleep or otherwise be or remain in any bushes, shrubs, or other foliage.
(13)
Use public restrooms to shave and/or shower; provided, however, that showering
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is permitted where shower facilities are specifically provided for public use.
(14)
Sit in or on any trash receptacles, planters, or newspaper dispensers provided for
public use.
(15)
Use roller skates or skateboards except in areas specifically designated for those
purposes by signs erected by the director.
(16)
Bathe or otherwise be or remain in a water fountain and/or reservoir.
(17)
Stop, stand, or park any motor vehicle or trailer as defined in Chapter 31 of this
Code in an area not specifically designated for parking.
(18)
Camp unless authorized by the director.
(19)
Fish (any type) at the golf courses.
(20)
Wade or swim in the waters of the golf courses and parks ponds.
(21)
Boat or launch a boating vessel unless a public launch facility has been provided
and the area is designated for such activity.
(22)
Ride a horse or have a horse except in areas designated for such use.
(23)
Fail to maintain restrooms in a neat and sanitary condition
(24)
Construct or erect any structure, whether permanent or temporary; run or string
any rope, wire, or other contrivance, without permission from the director.
(25)
Disturb or interfere unreasonably with any legitimate uses, including picnics,
meetings, classes, games, practices, meets, tournaments, exhibitions, camps, or
special events.
(26)
Launch or operate any aircraft including, but not limited to, hot air balloons,
airplanes, drones, paraplanes, ultralights, helicopters, and gliders whether toys or
miniatures of the foregoing or otherwise.
(27)
Launch or operate any model rockets, airplanes, gliders, boats, or vehicles, except
in areas or at times specifically designated for this purpose or by special
permission of the director.
(b)
The public urination ordinance (Chapter 15, Article V, City Code) shall be in full
force and effect in city parks and facilities.
Sec. 18-23. Large group feeding in parks and park facilities.
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Except for activities of a governmental agency within the scope of its governmental
authority, or unless specifically permitted to do so by a permit or approval issued pursuant to
this Chapter or by city council:
(1)
It is unlawful to knowingly sponsor, conduct, or participate in the distribution or
service of food at a large group feeding at a park or park facility owned or
controlled by the city without a large group feeding permit, which will be included
as a part of and specifically indicated within the outdoor public assembly permit
issued by the director.
(2)
It is unlawful to fail to produce and display the large group feeding permit during or
after a large group feeding, while still on site, to a law enforcement officer upon
demand. It is an affirmative defense to this violation if the offender can later
produce, to the city attorney or a court of competent jurisdiction, a large group
feeding permit issued to him/her, or the group, which was valid at the time of the
event.
(3)
The director shall issue a large group feeding permit upon application and
payment of the application fee as established by the city.
(4)
An applicant shall have the right to appeal the denial of a large group feeding
permit pursuant to appeal procedure in Section 18-30.
Sec. 18-24. Permits and authorizations required.
(a)
No person shall advertise, engage in, participate in, aid, form or start any outdoor
public assembly unless an outdoor public assembly permit shall first have been obtained from
the director.
(b)
The issuance of an outdoor public assembly permit from the director shall not
relieve any person from the duty to secure other permits or approvals as may be required by the
City Code to include, but not be limited to:
(1)
A special activity permit for activities that include, but are not limited to, closure of
a public road, placement of a tent or temporary structure, use of temporary
electrical, or sound amplification as required by Chapter 2, Article 9, of the City
Code.
(2)
A business tax receipt, if items are for sale in a park, as required by Chapter 19 of
the City Code.
Sec. 18-25. Application for outdoor public assembly permit.
Any person seeking the issuance of an outdoor public assembly permit shall file an
application with the director on a form provided by the director.
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(1)
Filing Period.
An application for a permit shall be filed with the director not more than one
hundred eighty (180) days before, and not less than sixty (60) calendar days
before, the date and time at which it is proposed to commence the assembly;
provided, however, that the director shall waive the minimum sixty (60) day filing
period and accept an application filed within a shorter period if after due
consideration of the date, time, place, and nature of the assembly, the anticipated
number of participants, and the necessity for an amount of city services which will
be required in connection therewith, the director after consultation with other
directors and the chief of police determines that such waiver will not present a
hazard to the public safety because of the reduced amount of time available within
which to fully process the application. The application shall be signed by the
applicant under oath. If an application seeks permits for more than one event,
each separate event requested will be subject to all fees and requirements
pursuant to this Chapter.
(2)
Content. The application for a permit shall set forth the following information, and
such other information as may from time to time reasonably be required:
a.
The name, place of residence, mailing address and telephone number of
the person seeking to conduct the assembly.
b.
If the assembly is proposed to be conducted for, on behalf of, or by an
organization, the name, address and telephone number of the headquarters
of the organization and of the authorized and responsible heads of such
organization.
c.
The name, place of residence, mailing address, and telephone number of
the individual person who will be the assembly chairperson and who will be
responsible for the conduct of the assembly.
d.
The date when the assembly is to be conducted.
e.
Type of assembly including a description of the activities that will occur
during the event.
f.
The hours when such assembly will start and terminate.
g.
A description of any and all recording equipment, sound amplification
equipment, banners, signs, or other attention-getting devices that will be
utilized in connection with the assembly.
h.
The approximate number of participants, not including spectators, who will
participate in the assembly.
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(3)
i.
The approximate number of spectators who will be present at or near the
assembly.
j.
If the assembly is designed to be held by, and on behalf of or for, any
person other than the applicant, the applicant for such permit shall file with
the director a communication in writing from the person proposing to hold
the assembly, authorizing the applicant to apply for the permit on his behalf.
k.
The exact proposed location of the assembly.
l.
A designation of any public facilities or equipment proposed to be utilized,
and whether any structures will be used or placed.
m.
Whether alcoholic beverages will be sold or served at the event.
n.
Whether the event will be a large group feeding, which will constitute a
separate permit contained within the outdoor public assembly permit.
o.
If it is a large group feeding, as well as the other requirements for an
outdoor public assembly permit, the type, kind and nature of the food to be
distributed.
Fees.
a.
A non-refundable application fee to cover the administrative costs of
processing the permit shall be paid to the City of Melbourne by the person
applying for the permit at the time of filing of the application. The fee shall
be based upon attendance pursuant to the following fee schedule:
Attendance
1 - 15 persons
16 or more persons
Permit Fee
$100
$250
b.
If the application is for the use of any city property or if any city services
shall be required for the assembly, the applicant shall pay, prior to the
issuance of a permit, the charges therefor in accordance with a schedule of
fees approved by city council.
c.
For an outdoor public assembly, the permittee shall post a security deposit
of Five Hundred Dollars ($500.00) made payable to the City of Melbourne
to cover the cost of repairing any damage to the hardscape, hardscape
furnishings, and landscape caused by the public assembly. The deposit
shall be filed with the director prior to the issuance of a permit. The staff will
inspect the public assembly area prior to the event and any pre-existing
damage will be noted in a damage report. The staff will inspect the public
assembly area after the event and determine if any damage was incurred
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during the event, including set-up and take down. The cost of repairing or
replacing any damaged items or areas shall be deducted from the security
deposit, and the balance remaining, if any, shall be returned to the
permittee within thirty (30) days of the date of the event. If the cost of repair
or replacement exceeds the amount of the security deposit, the director
shall invoice the permittee for the excess amount. The permittee shall pay
such amount within ten (10) days of his or her receipt of the invoice, and the
permit holder shall not be eligible to apply for an outdoor public assembly
permit until such amount is paid in full.
d.
The permit fee and security deposit shall be waived by the director after
consultation with other directors, if necessary, if the activity proposed by the
applicant involves (1) expressive speech protected by the First Amendment
to the United States Constitution, (2) will occur in a public forum, (3) the
fees would be so financially burdensome that it would preclude the
applicant from exercising First Amendment rights, and (4) adequate
alternate channels of expression are not available. Within five (5) calendar
days of a written request from the applicant to waive the fees, the director
shall render a written decision on whether the fees shall be waived and
shall set forth the reasons for the decision. An applicant wishing to appeal
the decision of the director may file a request for immediate judicial review
with a court having jurisdiction thereof, or in the alternative, may file an
appeal to city council within five (5) days after receipt of the notice of denial
by filing a written notice with the director, with a copy delivered to the city
clerk, and such appeal shall be considered at the next regularly scheduled
city council meeting. An applicant wishing to appeal the decision of city
council may file a request for immediate judicial review with a court having
jurisdiction thereof.
Sec. 18-26. Police protection.
The chief of police shall determine whether and to what extent additional police protection
reasonably will be necessary for the outdoor public assembly for purposes of traffic control and
public safety. The chief of police shall base this decision on the size, location, duration, time and
date of the event, the expected sale or service of alcoholic beverages, the number of streets
and intersections to be blocked and the need to detour or preempt ordinary citizen travel and
use of the streets and sidewalks. The content of the speech or event will not be a factor in
determining the amount of police protection necessary. If additional police protection for the
assembly is deemed necessary by the chief of police, he shall so inform the applicant for the
permit. The applicant then shall have the duty to secure the police protection deemed necessary
by the chief of police at the sole expense of the applicant who shall prepay the expenses of
such protection.
Sec. 18-27. Same; public issue speech.
Persons exercising their First Amendment rights by engaging in events, assemblies or
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demonstrations conducted for the sole or primary purpose of public issue speech shall not be
required to pay the costs of any police protection provided by the city at the assembly.
Sec. 18-28. Standards for issuance of permit.
The director, after consultation with other directors if necessary and the chief of police
shall issue an outdoor public assembly permit as provided for hereunder when, from a
consideration of the application and from other information as may otherwise be obtained, it
appears that:
(1)
The conduct of the assembly will not interrupt substantially the safe and orderly
movement of other pedestrian or vehicular traffic in or contiguous to the route or
location of the assembly.
(2)
The concentration of persons, animals and/or vehicles at the assembly will not
interfere unduly with proper fire and police protection of, or ambulance service to,
areas contiguous to the assembly area or other areas of the city.
(3)
Adequate sanitation and other required health facilities exist or will be made
available by the applicant in or adjacent to the assembly area.
(4)
There are sufficient parking places near to the site of the assembly to
accommodate the approximate number of automobiles reasonably expected to be
driven to the assembly.
(5)
The applicant has secured police protection, if any, required under Section 18-25.
(6)
No outdoor public assembly permit application for the same time and location has
been received which has been or will be granted.
(7)
No outdoor public assembly permit application for the same time but in another
location has been received which has been or will be granted where the police
resources required for that prior public assembly are so great that in combination
with the subsequent proposed application, the resulting deployment of police
services would have an immediate and adverse effect upon the welfare and safety
of persons and property.
(8)
No event is scheduled elsewhere in the city where the police resources required
for that event are so great that the deployment of police services for the proposed
assembly would have an immediate and adverse effect upon the welfare and
safety of persons and property.
(9)
The applicant has completely and accurately completed the outdoor public
assembly permit application including, but not limited to, applying for a large group
feeding permit if applicable.
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Sec. 18-29. Notice of rejection of application for permit.
The director shall act upon a timely filed, fully completed application for an outdoor public
assembly permit within forty-eight (48) hours of receipt of the application, excluding holidays and
weekends. If the director disapproves the application, the applicant shall be promptly notified
either orally or in writing and the notice shall set forth the reasons for the denial of the permit.
Sec. 18-30. Appeal procedure (outdoor public assembly permit).
An applicant shall have the right to appeal the denial of a permit by immediately
requesting review with a court of competent jurisdiction or by appealing the decision to the city
manager. The appeal to city manager shall be taken by the applicant within five (5) days after
receipt of the notice of denial by filing a written notice with the director with a copy to the city
clerk. The city manager shall consider the appeal within three (3) business days following
receipt by the director of the notice of appeal. The city manager shall direct the director to issue
a permit if the applicant has met the criteria set forth in this Chapter for issuance of a permit. If
the applicant is not satisfied with the decision of city manager, the applicant may file an appeal
with the city council by filing a written notice with the city manager with a copy to the city clerk.
The city council shall consider the appeal at the next regularly scheduled meeting following
receipt by the city manager of the notice of appeal. If the applicant is not satisfied with the
decision of the city council, the applicant may file a request for immediate judicial review by a
court of competent jurisdiction.
Sec. 18-31. Alternative permit.
The director, in denying an application for a permit may, in the interest of traffic control
and public safety, authorize the conduct of the assembly on a date, at a time, over a route or in
a location different from that named by the applicant. An applicant desiring to accept an
alternate permit shall, within five (5) days after notice of the action of the director file a written
notice of acceptance with the director. An alternate permit shall conform to the requirements of,
and shall have the effect of, a permit under this chapter.
Sec. 18-32. Notice to city officials.
Immediately upon the issuance of a permit, the director shall send a copy thereof to the
following:
(1)
City manager
(2)
City clerk
(3)
City engineer
(4)
Chief of police
(5)
Fire chief
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Item No. 9
(6)
Community development director
(7)
Any other city official that the director deems appropriate.
Sec. 18-33. Contents of permit.
Each permit shall, at a minimum, state the following information:
(1)
Nature of the assembly.
(2)
Date of the assembly.
(3)
Starting time and termination time of the assembly.
(4)
The location of the assembly within the specific park.
(5)
The approximate number of persons, animals and/or motor vehicles that will
participate in the assembly.
(6)
The approximate number of spectators who will be present at or near the
assembly.
(7)
Any restriction that the director finds necessary or appropriate to the enforcement
of this chapter.
Sec. 18-34. Duties of permittee.
(a)
A permittee hereunder shall comply with all permit directions and conditions, and
with all applicable laws and ordinances.
(b)
The assembly chairperson or other person heading or leading such assembly shall
carry the permit upon his person during the conduct of the assembly and shall display the permit
upon demand to the director, chief of police, or any officer of the Melbourne police department.
(c)
A permittee hereunder shall clean the public assembly area, including sidewalks,
rights of way, hardscape and landscape areas, and including pressure cleaning within the
discretion of the director within four (4) hours of the end of the event, unless such time period is
modified by the director or city manager. Cleaning shall be conducted in accordance with the
city's guidelines.
(d)
The permittee shall not dump or allow the dumping of grease from vendor carts or
other food service equipment in any park, including on any street, sidewalk, right-of-way,
streetscape, or landscape area contained within any park.
Sec. 18-35. Public conduct during assemblies.
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No person shall unreasonably hamper, obstruct or impede, or interfere with any duly
licensed assembly, or with any person, vehicle, or animal participating or used in such
assembly.
Sec. 18-36. Revocation of permit.
The director shall have the authority to revoke a permit issued hereunder instantly upon
violation of any one or more of the conditions or standards for issuance as herein set forth or
when a public emergency arises where the police resources required for that emergency are so
great that deployment of police services for the assembly would have an immediate and
adverse effect upon the welfare and safety of persons or property.
Sec. 18-37. Unlawful discrimination prohibited.
It shall be unlawful for any permittee, or any agent or employee of the permittee, either
directly or indirectly:
(1)
To unlawfully discriminate against any natural person by refusing, withholding, or
denying to such person any of the services, advantages, facilities or privileges
offered or available to any other person attending the assembly, or by setting
different rates or charges therefor, or by placing or attempting to place any such
natural person in a separate and segregated section or area at the assembly.
(2)
To publish, circulate, display, post or mail any written or printed communication or
notice to the effect that any of the services, advantages, facilities or privileges of
the assembly will be refused, withheld or denied to any natural person on account
of the person's race, color, religion, national origin, ancestry, or sex, or that the
person's attendance and presence at the assembly is unwelcome or objectionable,
or that the person will be prohibited from mingling with other persons at the
assembly because of the person's race, color, religion, national original, ancestry
or sex.
(3)
To aid, abet, incite or coerce the doing of any act declared herein to be unlawful,
or to prevent or attempt to prevent any person from complying with the provisions
of this section.
Sec. 18-38. Indemnification and insurance.
(a)
Indemnification. The applicant and any other persons, organizations, firms or
corporations on whose behalf the application is made, by filing an outdoor public assembly
permit application shall in so filing thereby represent, stipulate, contract and agree that they will
jointly and severally indemnify and hold the city harmless against liability, including court costs
and attorney's fees, and attorney's fees on appeal, for any and all claims for damage to
property, or injury to, or death of persons arising out of or resulting from the issuance of the
outdoor public assembly permit or the conduct of the assembly or any of its participants.
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(b)
Insurance. The applicant shall furnish proof of insurance of the types and amounts
set forth in Chapter 2, Article 9 of the City Code.
(c)
Waiver of insurance requirement; appeal. The insurance requirement shall be
waived by the director if the activity proposed by the applicant involves (1) expressive speech
protected by the First Amendment to the United States Constitution, (2) will occur in a public
forum, (3) does not include liability of property damage risk factors beyond those typically
associated with the ordinary public use of the property, (4) the insurance requirement would be
so financially burdensome that it would preclude the applicant from exercising First Amendment
rights, and (5) adequate alternate channels of expression are not available. Within seven (7)
days of a request, the director shall render a written decision on whether the insurance
requirement shall be waived and shall set forth the reasons for the decision. An applicant
wishing to appeal the decision of the director may file a request for immediate judicial review
with a court having jurisdiction thereof, or in the alternative, may file an appeal to city council
within five (5) days after receipt of the notice of denial by filing a written notice with the city
manager, with a copy delivered to the city clerk, and such appeal shall be considered at the next
regularly scheduled city council meeting. An applicant wishing to appeal the decision of city
council may file a request for immediate judicial review with a court having jurisdiction thereof.
Sec. 18-39. Penalties.
(a)
It shall be unlawful for any person to stage, present, or conduct any outdoor public
assembly, including but not limited to a large group feeding, without first having obtained permits
therefor as herein provided.
(b)
It shall be unlawful for any person knowingly to participate in an outdoor public
assembly, including but not limited to a large group feeding, for which permits have not been
granted.
(c)
It shall be unlawful for any person in charge of or responsible for the conduct of a
duly licensed outdoor public assembly, including but not limited to a large group feeding,
knowingly to fail to comply with any condition of a permit.
(d)
Any person violating the provisions of any section of this chapter shall be subject
to arrest and punishment as provided in Section 1-10 of the City Code.
SECTION 2. Severability/Interpretation Clause.
(a)
In the event that any term, provision, clause, sentence or section of this
ordinance shall be held by a court of competent jurisdiction to be partially or wholly
unenforceable or involved for any reason whatsoever, any such invalidity, illegality, or
unenforceability shall not affect any of the other or remaining terms, provisions, clauses,
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sentences, or sections of this ordinance, and this ordinance shall be read and/or applied as if
the invalid, illegal, or unenforceable term, provision, clause, sentence or section did not exist.
(b)
In interpreting the provisions of this Ordinance, words underlined are
additions to existing text.
SECTION 3. Effective Date. That this ordinance shall become effective immediately
upon its adoption in accordance with the Charter of the City of Melbourne.
SECTION 4. That this ordinance was passed on the first reading at a regular meeting of
the City Council on the 11th day of November, 2014, and adopted on second/final reading at a
regular meeting of the City Council on the _____ day of __________, 2014.
BY:
Kathleen H. Meehan, Mayor
ATTEST:
Cathleen A. Wysor, City Clerk
Ordinance No. 2014-69
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Melbourne City Council
November 25, 2014
City Manager’s Agenda Report
Reading No.
Public Hearing
Disclosure Required
Item No.
DEPARTMENT:
CITY CLERK
N/A
No
No
10
SUBJECT
RESOLUTION NO. 3457: A resolution reporting the outcome of the General Municipal Election
conducted November 4, 2014; declaring the Districts 2, 3, 4, and 6 Council Members elected
and setting forth their terms; and accepting the Certificate of the Brevard County Canvassing
Board.
BACKGROUND/CONSIDERATION
The attached resolution declares the following candidates elected and sets forth their terms:
Council Member Betty Moore – four-year term
November 25, 2014 – November 2018, consistent
with Sec. 2.03 of the City Charter
Council Member Dan Porsi – two-year term
November 25, 2014 – November 2016, consistent
with Sec. 2.03 of the City Charter
Council Member Debbie Thomas – four-year term
November 25, 2014 – November 2018, consistent
with Sec. 2.03 of the City Charter
Council Member Teresa Lopez – four-year term
November 25, 2014 – November 2018, consistent
with Sec. 2.03 of the City Charter
The Official Certificate of the Brevard County Canvassing Board is attached to the resolution.
FISCAL IMPACT (IF APPLICABLE)
REQUESTED ACTION
Recommend approval of Resolution No. 3457.
Page 68
Item No. 10
RESOLUTION NO. 3457
A RESOLUTION OF THE CITY OF MELBOURNE, BREVARD
COUNTY, FLORIDA, REPORTING THE OUTCOME OF THE
GENERAL MUNICIPAL ELECTION CONDUCTED NOVEMBER 4,
2014; DECLARING THE DISTRICTS 2, 3, 4, AND 6 COUNCIL
MEMBERS ELECTED AND SETTING FORTH THEIR TERMS;
ACCEPTING THE CERTIFICATE OF THE BREVARD COUNTY
CANVASSING BOARD; PROVIDING AN EFFECTIVE DATE; AND
PROVIDING FOR ADOPTION.
WHEREAS, a General Municipal Election was held on November 4, 2014 to elect four
Council Members, one each, from Districts Two, Three, Four, and Six; and
WHEREAS, the Brevard County Canvassing Board has issued an Official Certificate of
Canvassing Board, which certifies the following vote total:
District 2:
Betty Moore
Robert Wicker
14,773
8,029
District 3:
Hazel Buggs
Yvonne Minus
Dan Porsi
6,950
8,026
8,088
District 4:
Debbie Thomas
Terry L. Wooldridge, Jr.
14,874
7,927
District 6:
Teresa Lopez
James P. Teele
11,704
11,012
BE IT RESOLVED BY THE CITY OF MELBOURNE, FLORIDA:
SECTION 1.
That pursuant to the vote total as certified by the Brevard County
Canvassing Board, the following candidates are declared elected and shall serve the following
terms:
Page 1 of 2
Page 69
Item No. 10
Council Member Betty Moore – four-year term
November 25, 2014 – November 2018, consistent
with Sec. 2.03 of the City Charter
Council Member Dan Porsi – two-year term
November 25, 2014 – November 2016, consistent
with Sec. 2.03 of the City Charter
Council Member Debbie Thomas – four-year term
November 25, 2014 – November 2018, consistent
with Sec. 2.03 of the City Charter
Council Member Teresa Lopez – four-year term
November 25, 2014 – November 2018, consistent
with Sec. 2.03 of the City Charter
SECTION 2. That in accordance with the Charter of the City of Melbourne, the above
members shall take office during the first regular meeting (following certification of the election).
SECTION 3. That the official Certificate of County Canvassing Board is attached to this
resolution.
SECTION 4. That this resolution shall become effective immediately upon its adoption in
accordance with the Charter of the City of Melbourne.
SECTION 5. That this resolution was adopted at a regular meeting of the City Council on
the _____ day of __________, 2014.
BY:______________________________
Kathleen H. Meehan, Mayor
ATTEST:
_____________________________
Cathleen A. Wysor, City Clerk
Resolution No. 3457
Attachment: Official Certificate of Brevard County Canvassing Board
Page 2 of 2
Page 70
Item No. 10
Page 71
Item No. 10
Melbourne City Council
November 25, 2014
DEPARTMENT:
CITY CLERK
City Manager’s Agenda Report
Reading No.
Public Hearing
Disclosure Required
Item No.
N/A
No
No
14
SUBJECT
Appointment of Vice-Mayor for 2014-2015
BACKGROUND/CONSIDERATION
The attached memo from the City Clerk provides information from the Charter and City Council
policies regarding the position of Vice Mayor.
FISCAL IMPACT (IF APPLICABLE)
REQUESTED ACTION
Recommend Council select a member to serve as Vice Mayor for the 2014-2015 year.
Page 72
Item No. 14
Office of City Clerk
MEMORANDUM
TO:
MIKE MCNEES, CITY MANAGER
FROM:
CATHY WYSOR, CITY CLERK
DATE:
OCTOBER 17, 2014
SUBJ:
APPOINTMENT OF VICE-MAYOR
Council will need to appoint a Vice-Mayor for 2014-2015. The following is a list of the past 10
Vice-Mayors:
2013-2014
2012-2013
2011-2012
2010-2011
2009-2010
Greg Jones
Molly Tasker
Mike Nowlin
Kathy Meehan
Mark LaRusso
2008-2009
2007-2008
2006-2007
2005-2006
2004-2005
John Thomas
Kathy Meehan
Mark LaRusso
Loretta Hand
Richard Contreras
City Charter, Section 2.04
“…the council may elect from its membership a vice-mayor who shall serve as mayor in the
absence of the mayor.”
Council’s Rules of Procedure (Resolution No. 3220)
Rule 6 – Selection of the Vice-Mayor.
(a)
A Vice-Mayor will be selected by the City Council. Any member of the City Council
other than the Mayor is eligible to serve as Vice-Mayor. The person serving as Vice-Mayor
must at all times be a Member of the City Council.
(b)
The City Council will select one of its Members to serve as Vice-Mayor at the first
regular City Council meeting in the month of November of each year. The Vice-Mayor will serve
as Vice-Mayor for a term of one (1) year until such time as a successor is chosen by the City
Council. There are no term limits for the position of Vice-Mayor. Should a Member vacate the
position of Vice-Mayor due to death, resignation, removal or forfeiture of office, or no longer
being a City Council Member, a vote to select a new Vice-Mayor will be scheduled by the City
Clerk, and the person selected as Vice-Mayor will serve the remainder of the term.
/cw
Page 73
Item No. 14
Melbourne City Council
DEPARTMENT:
CITY CLERK
November 25, 2014
City Manager’s Agenda Report
Reading No.
Public Hearing
Disclosure Required
Item No.
N/A
No
No
15
SUBJECT
Airport Authority – Appointment of one member from City Council
BACKGROUND/CONSIDERATION
The City Council needs to appoint one member to the Airport Authority to replace John Thomas.
The appointment would be for the unexpired, two-year term ending December 11, 2015.
The Airport Authority is recognized in Section 3.25 of the City Charter and the composition is
outlined in Section 6-97 of the City Code. Three members of the seven-member Authority are
also members of the City Council.
For information, the Authority meets the third Wednesday of each month, 8:30 a.m., Airport
Board Room.
FISCAL IMPACT (IF APPLICABLE)
REQUESTED ACTION
Recommend Council appoint one Council Member to the Airport Authority.
Page 74
Item No. 15
*AIRPORT AUTHORITY
MEMBER
COUNCIL MEMBERS (3)
Kathy Meehan (Mayor)
1310 Prospect Avenue
Melbourne, FL 32901
PHONE
TERM OF OFFICE
984-7588(h)
January 14, 2014 December 11, 2015
Unexpired, 2-year term
John Thomas
311 Niblick Street
Melbourne, FL 32901
726-9839(h)
December 12, 2013 December 11, 2015
2-year term
Molly Tasker
1557 Sienna Drive
Melbourne, FL 32934
259-1719(h)
December 12, 2013 December 11, 2015
2-year term
723-3223(b)
December 12, 2013 December 11, 2015
2-year term
727-9125(b)
December 12, 2013December 11, 2015
2-year term
723-6625(h)
412-6829(c)
December 12, 2013 December 11, 2015
2-year term
Mike Fischer
P.A.V.C.O. Construction
1928 Dairy Road
Melbourne, FL 32901
951-2052(b)
777-2328(h)
December 12, 2013 December 11, 2015
2-year term
Melbourne International Airport
One Air Terminal Parkway, Suite 220
Melbourne, FL 32901
723-6227
Ext. 222
CHAMBER OF COMMERCE
Jack L. Ryals, Vice Chairman
National Realty
1331 U.S. 1
Melbourne, FL 32901
INDUSTRIAL AIR CENTER TENANT
Scott T. Mikuen, Esq., Vice President
Associate General Counsel & Corp. Secretary
Harris Corporation
Mail Stop A-22D
1025 West NASA Boulevard
Melbourne, FL 32919
AT-LARGE REPRESENTATIVES (2)
William C. Potter, Chairman
3305 Calle Del Mar
Melbourne, FL 32904
DIRECTOR OF AVIATION
Greg Donovan
AIRPORT ATTORNEY
Don Nohrr, GrayHarris
723-6227, ext. 219
E-mail: [email protected]
727-8100
RECORDING SECRETARY/EXECUTIVE ASSISTANT
Pat Howlett
723-6227, ext. 219
*NOTE: All members must complete an annual Financial Disclosure Form.
Page 75
Item No. 15
Melbourne City Council
DEPARTMENT:
CITY CLERK
November 25, 2014
City Manager’s Agenda Report
Reading No.
Public Hearing
Disclosure Required
Item No.
N/A
No
No
16
SUBJECT
Space Coast Transportation Planning Organization – Appointment of three regular members
and one alternate member
BACKGROUND/CONSIDERATION
The current membership on the Space Coast Transportation Planning Organization (SCTPO)
includes Mayor Meehan, Vice Mayor Greg Jones and Council Member Mike Nowlin (regular
members), and Council Member Betty Moore (alternate member).
The four-year terms of Kathy Meehan and Mike Nowlin will expire in November. Additionally,
Council needs to replace Greg Jones. Betty Moore has indicated an interest in serving as a
regular member.
The City of Melbourne participates on the SCTPO through interlocal agreement. The SCTPO is
a regional, multi-jurisdictional agency tasked with the transportation planning and programming
for the expenditure of state and federal transportation funds in Brevard.
Membership is based on population. Melbourne has three seats. Members serve four-year
terms. A member’s term automatically terminates when he/she no longer holds public office. In
accordance with the interlocal agreement, at least one Council Member must also serve on the
Melbourne Airport Authority.
Meetings of the SCTPO are conducted the second Thursday of each month, 9:00 a.m., Brevard
County Government Center, 2725 Judge Fran Jamieson Way, Building C, Third Floor, Florida
Room.
FISCAL IMPACT (IF APPLICABLE)
REQUESTED ACTION
Recommend that Council appoint three regular members and one alternate member to the
SCTPO (one of the regular members must also serve on the Airport Authority).
Page 76
Item No. 16
Melbourne City Council
DEPARTMENT:
CITY CLERK
November 25, 2014
City Manager’s Agenda Report
Reading No.
Public Hearing
Disclosure Required
Item No.
N/A
No
No
17
SUBJECT
Appointment of voting delegate and alternate voting delegate to the Space Coast League of
Cities.
BACKGROUND/CONSIDERATION
The City of Melbourne is a member of the Space Coast League of Cities (SCLC). Council
Member Mike Nowlin currently serves as the voting delegate and former Council Member John
Thomas served as the alternate voting delegate. The SCLC by-laws require each city in
December to appoint a voting delegate and an alternate. The voting delegate may be an
elected official, manager, attorney, clerk or department head.
The voting delegate serves as the City’s voting delegate at membership meetings and as the
representative on the board of directors. The member selected as the voting delegate should
be prepared to attend the monthly Space Coast League of Cities board of directors and dinner
meetings to represent the City.
FISCAL IMPACT (IF APPLICABLE)
REQUESTED ACTION
Recommend that Council appoint one voting delegate and one alternate voting delegate to the
Space Coast League of Cities.
Page 77
Item No. 17
Melbourne City Council
November 25, 2014
DEPARTMENT:
ENGINEERING
City Manager’s Agenda Report
Reading No.
Public Hearing
Disclosure Required
Item No.
N/A
No
No
18
SUBJECT
Contract award of the Hickory Street drainage pipe replacement to Don Luchetti Construction,
Inc. of Melbourne, Florida.
BACKGROUND/CONSIDERATION
Two bids were received for the Hickory Street drainage pipe replacement project on October 27,
2014. The low bidder was Don Luchetti Construction, Inc. in the amount of $558,887.77.
The proposed project includes the replacement of 72-inch and 84-inch corrugated metal piping
that has begun to fail under the Hickory Street right-of-way near the Community Educators
Credit Union and the Salvation Army. This project will include the replacement of approximately
550 feet of piping.
The agenda materials provide detail on the bids and describe the scope of services.
FISCAL IMPACT (IF APPLICABLE)
Funding is available within the project budget.
REQUESTED ACTION
Recommend approval of the construction contract with Don Luchetti Construction, Inc. in the
amount of $558,887.77 for Hickory Street drainage pipe replacement, Project No. 14213.
Page 78
Item No. 18
MEMORANDUM
To:
Michael A. McNees, City Manager
Thru:
Jenni Lamb, City Engineer
From:
J. Danielle Straub, Engineering Supervisor
CITY OF MELBOURNE
ENGINEERING DEPARTMENT
Date:
October 30, 2014
Re:
Bid Award Recommendation for Hickory Street Drainage Pipe Replacement Project No. 14213
On October 27, 2014 at 3:00 p.m., two (2) bids were received for the above-referenced
project. The bidders were as follows;
Don Luchetti Construction, Inc.
Melbourne, FL
$558,887.77
Blue Goose Growers, LLC*
Fort Pierce, FL
$645,200.87
* Blue Goose Grower, LLC bid was considered non-responsive and must be
rejected due to the lack of including the mandatory pre-bid sign off form signed by a
City representative.
The low bidder was Don Luchetti Construction, Inc. of Melbourne, Florida in the amount of
$558,887.77.
Scope of Work
The proposed project includes the replacement of a 72” corrugated metal pipe that has
begun to fail under the Hickory Street right of way. A portion of the pipe under the road
right of way will be replaced with twin 60” reinforced concrete pipe to avoid the existing
utilities. Outside the road right of way, the pipe will continue as 84” reinforced concrete
pipe. Due to the location of the pipe, care must be taken to protect FPL transmission
poles and the existing outfall pipe at the FEC railroad right of way.
Guarantees
The contractor must provide a performance bond as a condition of contract approval. The
performance bond guarantees that the project will be completed according to the
specifications and in a timely manner. When the project is completed, the contractor must
provide a maintenance bond to cover the project for two years against defects in
workmanship of materials.
Time for Completion
Following Council’s approval, the contractor will be sent a Notice of Award and several
copies of the contract. The contractor will have 15 days to provide the performance bond,
insurance certificates, and signed contract. Upon receipt and review of the contract
documents, Engineering staff will schedule a preconstruction conference. The contractor
and other parties affected by the proposed construction are invited to the meeting. The
Notice to Proceed establishes the date on which the construction time commences. The
contractor will have 150 days from that date to complete this project.
Page 79
Item No. 18
Penalties
The contractor will be subject to liquidated damages of $500.00 per day if the work is not
completed within the 90 day contractual period.
Funding Aspects
Adequate funding for this project is within the project budget.
A task order with Bussen-Mayer Engineering Group for the construction engineering
inspection services is also included within the project budget. Task Order BMEG 062 in
the amount of $29,100 will be authorized by the City Manager prior to the issuance of the
Notice to Proceed.
Recommendations
Recommend award of construction to Don Luchetti Construction, Inc. of Melbourne,
Florida in the amount of $558,887.77.
cc:
Ralph Reigelsperger, Public Works & Utilities Director
Elizabeth Swanke, Budget Officer
Lisa Brown, Engineering Administrative Accountant
Page 80
Item No. 18
Melbourne City Council
November 25, 2014
Item No.
City Manager’s Agenda Report
19
SUBJECT
Consent Agenda
a.
Approval to acquire a Smart 850 Speed Trailer for the Police Department through
the Florida Department of Transportation Law Enforcement Liaison Program.
b.
Task Order No. BMEG 063 to the Continuing Consultant Contract for Engineering
Services for the U.S. 1 and Sarno Road Right Turn Lane, Project No. 64212,
Bussen Mayer Engineering Group, Inc., Merritt Island, FL - $40,220.
c.
Approval of a county-wide Mutual Aid Agreement for law enforcement
assistance between the Sheriff of Brevard County, the School Board, the
Melbourne Airport Authority, Canaveral Port Authority, and the municipalities of
Cocoa, Cocoa Beach, Indialantic, Indian Harbour Beach, Melbourne,
Melbourne Beach, Melbourne Village, Palm Bay, Rockledge, Satellite Beach,
Titusville, and West Melbourne; and authorization for the City Manager to
execute the agreement.
d.
Resolution No. 3458: A resolution authorizing the City Manager to submit a
grant application to the FEMA Assistance to Firefighters Grant Program funding in
the amount of $126,551 with required matching funds of $14,061 for a total of
$140,612 to purchase four cardiac monitor/defibrillator units and a three-year
maintenance contract.
Page 81
Item No. 19
Page 82
Item No. 19a
MEMORANDUM
To:
Michael A. McNees, City Manager
Thru:
Jenni Lamb, City Engineer
From:
Tom Baker, Engineering Supervisor
Date:
November 10, 2014
Re:
Task Order No. BMEG 063 to the Continuing Contract for Engineering Services
for Eastbound Sarno Road / U.S. 1 Right-Turn Lane Addition & Stormwater
Retrofit - Project No. 64212
CITY OF MELBOURNE
Engineering Department
This is a task order with Bussen-Mayer Engineering Group, Inc. (BMEG) for professional
engineering services for the final design of an eastbound right-turn lane addition on Sarno
Road at the U.S. Highway 1 intersection and a stormwater retrofit to provide dry retention
water quality treatment for the new turn lane and existing development which currently
lacks treatment. In previous Task Order No. BMEG 028, intersection survey and
preliminary project design was performed.
Background
The City created this project to provide a dedicated right-turn lane for eastbound Sarno
Road traffic turning south. The project is funded through transportation impact fees. The
City recently purchased properties at the southeast corner of the intersection to construct
the right-turn lane and stormwater dry retention pond.
Staff discussed the right-turn lane project with the Florida Department of Transportation
(FDOT) since the existing signalization will need to be relocated and replaced with a mast
arm. FDOT is currently designing the new signalization, with the City being responsible for
bidding and construction.
As part of the Stormwater Quality Master Plan, the purchased property was evaluated and
it was determine if additional water quality treatment could be provided for existing
development within the drainage basin. The subject project will incorporate additional
water quality treatment. Stormwater Utility funding will supplement the construction costs
for the additional treatment.
Scope of Services
The scope of work includes topographic surveying services and delineation of the project
drainage basin to be served by the proposed dry retention pond for additional water quality
treatment. Geotechnical engineering services will be provided to investigate the
subsurface conditions of the proposed dry retention area. Final engineering services,
permitting services, and bidding assistance will also be provided.
Compensation and Schedule
The work will be completed within 180 days from the Notice to Proceed. The fee for the
scope of services shall not exceed $40,220.00. Adequate funding is available in the US 1
and Sarno Road Right Turn Lane project account (64212).
Page 83
Item No. 19b
Recommendation
Recommend approval of Task Order No. BMEG 063 in the amount of $40,220.00 to
complete the scope of work as described.
cc:
Shannon Lewis, Deputy City Manager
Lisa Brown, Engineering Administrative Accountant
Elizabeth Swanke, Management and Budget Officer
Scott Arnold, Traffic Engineering Operations Mgr.
Dani Straub, Engineering Supr.
Page 84
Item No. 19b
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Item No. 19b
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Item No. 19b
Page 87
Item No. 19b
Page 88
Item No. 19b
Page 89
Item No. 19b
Page 90
Item No. 19b
Page 91
Item No. 19b
Page 92
Item No. 19b
Page 93
Item No. 19b
Page 94
Item No. 19b
Page 95
Item No. 19c
MUTUAL AID AGREEMENT
THIS AGREEMENT is dated this _____ day of ________, 2014, made by and
between Wayne Ivey, in his capacity as Sheriff of Brevard County, Florida, The School Board
of Brevard County, Florida, the Melbourne Airport Authority, and the municipalities of Cocoa,
Cocoa Beach, Indialantic, Indian Harbour Beach, Melbourne, Melbourne Beach, Melbourne
Village, Palm Bay, Rockledge, Satellite Beach, Titusville, and West Melbourne. The parties
to this Agreement may sometimes individually be referred to herein as an “agency” or a
“party”.
WHEREAS, Section 23.1225, Florida Statutes (2014), authorizes jurisdictions to
enter into mutual aid agreements; and
WHEREAS, the parties hereto desire an expansive mutual aid relationship as
authorized by this Statute.
NOW, THEREFORE, in consideration of the promises stated herein, the parties
agree as follows:
1.
Time Limit.
This Agreement shall commence upon execution and shall
expire at 12:00 midnight on the 25th day of January 2017.
Provided,
however, that any party may withdraw from this Agreement by providing
thirty (30) days advance written notice to all other parties and to the Florida
Department of Law Enforcement, in which case the withdrawing party’s rights
and obligations hereunder shall terminate.
The foregoing notwithstanding,
the obligations and rights of indemnity pursuant to Paragraph 3 of this
Agreement shall survive the termination of this Agreement or the withdrawal
from this Agreement by any party.
2.
Nature of Law Enforcement Assistance. Law enforcement assistance may
be provided by law enforcement officers (“officers”) and personnel of any
party to this Agreement (and they are hereby requested to provide such
assistance) in the jurisdiction of any party to this Agreement under the
circumstances described below in which case any such officer and personnel
Page 96
Item No. 19c
shall have all powers, privileges and immunities as authorized in Section
23.127, Florida Statute, as amended from to time or any corresponding
provisions of law:
a.
Investigations Outside Jurisdiction. When an investigation involving a
crime, ordinance violation or traffic infraction, which occurs within the
investigating agency’s jurisdiction, may be facilitated by the conduct of
law enforcement activities such as, but not by way of limitation,
interviewing witnesses, interviewing suspects, executing search warrants,
executing arrest warrants, collecting evidence, conducting surveillance or
apprehending offenders, outside the jurisdictional area of the investigating
agency, then such investigating agency may enter into the jurisdictional
area of another party for these purposes.
The procedure for so doing shall be that the officer from the
investigating agency, who intends to enter the jurisdictional area of
another agency, shall give notice to such other agency of his or her intent
to execute search warrants, execute arrest warrants, conduct surveillance
or interviews, or apprehend offenders of the location in the other agency’s
jurisdictional area where the investigation or other law enforcement
activity will take place, the nature of the investigation or other law
enforcement activity and the identity of the officer who is in charge of the
investigation or other law enforcement activity. If prior notice cannot be
given due to the circumstances, notice shall be given as soon as
reasonably possible. Likewise, upon concluding the investigatory or other
law enforcement activities in the other agency’s jurisdictional area, the
officer in charge shall notify the other agency that the investigation or
other law enforcement activity has concluded. The failure of an officer to
follow these procedures shall not, however, invalidate the officer’s
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Item No. 19c
exercise of law enforcement authority in such other agency’s jurisdictional
area, any arrests that occurred, any searches or seizures that occurred or
otherwise affect the validity of any law enforcement action taken. Nothing
in this Agreement shall in any way waive or diminish the law enforcement
powers and duties vested in the Sheriff and deputy sheriffs by the Florida
Constitution, Florida Statutes or the common law of the State of Florida.
b.
Pursuits.
An officer may pursue any individual or individuals into the
jurisdiction of another agency to the extent allowable by law.
Upon
apprehension of any such individual or individuals, such officer may take
appropriate enforcement action, including arresting the offender for
violations of the criminal law or ordinance, issuing traffic citations, seizing
property or contraband and making searches incidental to arrest, as
allowable by law. To the extent allowable by law, the officer may charge
the individual or individuals with violations of the law or infractions that
occurred during the pursuit, even if such violations occurred outside the
jurisdictional area of the officer’s agency.
The authority granted
hereunder is in addition to that which is contained in Section 901.25,
Florida Statutes, as amended from time to time or any corresponding
provisions of law. As used herein, the term “pursuit,” shall not be limited
to “fresh pursuits,” but shall include all attempts to apprehend an
offender/violator traveling from one agency’s jurisdictional area to
another’s agency’s jurisdictional area.
The procedure to be utilized shall be that, when practical, the
pursuing officer shall notify the communications center of the agency in
whose jurisdictional area the pursuit is taking place, as to the location of
the pursuit and nature of the pursuit. Failure to follow these procedures,
however, shall not invalidate the officer’s exercise of law enforcement
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Item No. 19c
authority, any arrests that occur, any searches or seizures that occur or
otherwise affect the validity of any law enforcement action taken.
c.
Emergencies. Any on-duty officer of one agency who is in or near the
jurisdictional area of another agency and therein observes an emergency
situation, including, but not limited to, a vehicular accident, pedestrian
accident, boating accident, drowning, person in need of emergency first
aid, a breach of the peace, or otherwise, may intervene and assist for the
purpose of preserving life, limb and property until such time an officer of
the affected jurisdiction arrives. While so doing, the officer shall have the
power to make any and all arrests and otherwise act with full authority as
a law enforcement officer in the jurisdictional area of the other agency.
The procedure to be followed is that notice shall be made to the affected
agency in whose jurisdictional area the activity has occurred or is
occurring as soon as reasonably possible, and, upon the arrival of an
officer of the affected agency, such arriving officer shall take command of
the emergency. In addition, upon arrival of the affected agency’s officer,
such officer shall take custody of any arrestee, and collect evidence, fruits
of any crime, instrumentalities of any crime, and safeguard any property.
Failure to follow these procedures shall not invalidate or affect
(i) the
officer’s exercise of law enforcement authority, (ii) any arrests that occur,
(iii) any searches that occur, or (iv) any law enforcement actions taken.
d.
Arrests Outside Jurisdiction. Any on-duty officer in whose presence is
committed one or more of the following offenses: DUI; breach of the
peace; aggravated abuse of an elderly person or disabled adult;
aggravated child abuse; aggravated stalking; aircraft piracy; arson;
assault; battery; burglary; carjacking; criminal mischief; escape; false
imprisonment; resisting a law enforcement officer with violence to his or
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Item No. 19c
her person; retail theft; robbery; sexual battery; theft; unlawful throwing,
placing or discharging a destructive device or bomb; willful and wanton
reckless driving; felony violations of Chapter 893, Florida Statutes; or, any
felony not hereinbefore listed; in the jurisdictional area of another agency,
may affect the arrest of such offender and detain such offender until an
officer of that other agency arrives, in which case the arrestee and all
evidence shall be provided to the officer of such other agency in whose
jurisdictional
area
the
arrest
occurred,
who
shall
conclude
the
investigation, take custody of the arrestee, evidence, fruits of the crime,
instrumentalities of the crime and secure all property of the arrestee.
e.
Off-Duty Activities. An officer of one agency may, while off duty and in
the jurisdictional area of another agency, arrest offenders who commit in
their presence any of the following offenses: DUI; breach of the peace;
aggravated abuse of an elderly person or disabled adult; aggravated child
abuse; aggravated stalking; aircraft piracy; arson; assault; battery;
burglary; carjacking; criminal mischief; escape; false imprisonment;
resisting a law enforcement officer with violence to his or her person;
retail theft; robbery; sexual battery; theft; unlawful throwing, placing or
discharging a destructive device or bomb; willful and wanton reckless
driving; felony violations of Chapter 893, Florida Statutes; or, any felony
not hereinbefore listed.
An officer making an off-duty arrest outside of
the jurisdictional area of their agency pursuant to this Agreement shall
follow the procedures adopted by their agency for off-duty arrests.
In
addition to those procedures adopted by officer’s agency, an officer shall
comply with the following additional procedures:
1)
As soon as is practical after the subject has been arrested, the
officer shall notify the agency in whose jurisdictional area the
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arrest occurred, at which time such agency shall assume
responsibility for the arrestee, physical evidence relating to the
arrest, fruits of the crime, instrumentalities of the crime, and
shall secure the property of the arrestee pursuant to its own
policies and procedures; and
2)
The arresting officer and an officer from the agency in whose
jurisdictional area the arrest occurred shall complete such
reports, property receipts and other documents as are required
by their respective agencies.
3)
No deviation from any procedure outlined above shall invalidate
an arrest or search and seizure, affect the law enforcement
authority
conferred
upon
any
officer
pursuant
to
this
Agreement, or invalidate any other law enforcement action.
f.
Requested Assistance.
At any time, an officer of any agency may
request the assistance of an off-duty or on-duty officer of another agency.
The request may be made for assistance due to emergencies, such as civil
disturbances, “officer in trouble” calls, accidents, incidents wherein life,
limb or property is in peril, catastrophes, or any other emergency, or for
routine, non-emergency matters, such as requests that routine calls for
law enforcement service be covered by the assisting agency while the
requesting agency’s officers are busy handling more serious calls for
service, or any other non-emergency request for assistance.
The
procedure for requesting and authorizing such assistance is as follows:
1) the
requesting
agency
shall
direct
its
request
to
the
communications center of the assisting agency.
2)
The shift commander or other responsible officer of the assisting
agency, shall determine whether or not the assisting agency can
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provide the requested assistance and who from the assisting
agency shall render such assistance.
3)
The officer from the assisting agency may render such assistance
as requested under the command of the requesting agency.
g.
Temporary Personnel Assignment. Any agency that is a party to this
Agreement may request an inter-jurisdiction loan of personnel on a
temporary basis for the purpose of assisting the requesting agency with
specific objectives. For example, but not by way of limitation, one agency
may borrow personnel from another agency to act in an undercover
capacity within the requesting agency’s jurisdiction, or assist within the
communications center or public safety answering point (PSAP) with
telephone or radio activity. Such personnel loans may also be utilized for
traffic and crowd control during special events, criminal investigations
wherein specialized expertise is needed, to establish a task force to
investigate organized criminal activity affecting the jurisdictional area of
more than one agency, during times when 9-1-1 calls are alternately
routed to the host agency, or for any other lawful purpose. During such
temporary assignment, the requesting agency shall have command
responsibility for the assisting officer or telecommunicator. The procedure
for requesting this type of assistance shall be as follows:
1) The requesting agency shall direct its request, preferably in
writing, to the Chief of Police, Sheriff, or agency head of the
agency from which the requesting agency is requesting
assistance.
2)
The agency head of the assisting agency shall determine if the
assisting agency is able to fulfill the request.
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3)
The
agency
requesting
assistance
shall
have
command
responsibility for all personnel transferred pursuant to this
Subparagraph 2.g.
4)
The requesting agency and the assisting agency may, by
contract, make provision for such issues as the amount of
compensation that the requesting agency will pay the assisting
agency, if any, for use of the assisting agency’s personnel.
In the absence of any agreement on this issue, the assisting
agency shall pay the compensation and other benefits for its own
personnel while they are assigned to the requesting agency.
The
agreement between the requesting agency and the assisting agency
may also provide for the distribution of forfeited currency or property.
In the absence of an agreement to the contrary, the requesting agency
shall retain all such forfeitures.
The requesting agency and the
assisting agency may make any other valid agreement without
considerations to the provisions of this Agreement.
4) School Safety Officers.
In addition to the rights and powers
granted elsewhere in this Agreement, all of which are cumulative
with this Subparagraph 2.h, School Board officers are hereby
authorized to enforce any and all laws in an area within 1,000 feet
of a school or school board property, irrespective of whether such
area lies within the jurisdictional area of the School Board. Upon a
School Board officer taking any enforcement action outside of the
jurisdictional
area
of
the
School
Board
pursuant
to
this
Subparagraph 2.h, such School Board officers shall proceed as if
the enforcement action occurred within the jurisdictional area of
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the School Board, including following policies and procedures of the
School Board of Brevard County, who shall retain command
responsibility over all actions taken pursuant to this Subparagraph
2.h. A copy of the incident report shall be furnished to the agency
in whose jurisdictional area the School Board officers have taken
such enforcement action.
3.
Indemnification. Under all of the circumstances enumerated hereinabove in
Subparagraphs 2.a through 2.h, each jurisdiction to the extent provided by
law shall have responsibility for any losses, damages or claims arising from
the acts or omissions of its own employees, whether such acts or omissions
occur within or without its jurisdiction. Furthermore, to the extent permitted
by law, each jurisdiction shall indemnify and hold all other jurisdictions
harmless for any losses, damages or claims (including, without limitation,
attorneys’ fees and costs incurred in defense of any such claims) arising from
the acts or omissions of its officers while such officers are engaged in
activities outside their jurisdictions.
In the event that any injury or loss is
caused, in part, by the officer(s) of one jurisdiction and, in part, by the
officer(s) of another jurisdiction, while any officers are acting outside of their
jurisdiction, then each jurisdiction shall bear responsibility based on the
percentage of its liability as determined by settlement or as finally
adjudicated in a court of law.
The provisions of this Paragraph 3 are not
intended to, nor shall they operate to affect the rights, defenses, limitations,
privileges and immunities of the parties pursuant to the provisions of Section
768.28(5), Florida Statutes, as amended from time to time, or any
corresponding provisions of law.
Notwithstanding the foregoing, the
indemnification hereinbefore set forth shall not be construed to constitute an
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agreement by any party to indemnify any other party for such other party’s
negligent, reckless, willful or intentional acts or omissions.
4.
Interpretation.
This Agreement is intended to provide broad extra
jurisdictional authority to the officers who are employed by the parties hereto.
Any deviation from policies or procedures in attempting to exercise
extraterritorial jurisdiction by any officer shall not affect the validity of any
arrest or other law enforcement action taken pursuant to this Agreement. It
is the express intent of the parties that the policies and procedures described
herein and in the internal policies of each agency are for the administrative
direction of their officers, not intended to limit the exercise of jurisdiction
pursuant to this Agreement.
5.
Deputized Officers/Indemnity. To the extent that any officers of any of
the jurisdictions that are party hereto have been deputized by the Sheriff, and
to the extent that any of these officers act outside of their employing agency’s
jurisdiction, the indemnity provisions contained in this Agreement shall apply
to any acts or omissions of such officers while they act outside their
jurisdiction, irrespective of the fact that such officers are sworn deputy
sheriffs.
6.
Command Responsibility.
Except for the circumstances described in
Subparagraphs 2.f, 2.g and 2.h hereinabove, command responsibility shall be
determined as follows:
a. When an officer is acting outside of the jurisdictional area of such officer’s
agency pursuant to this Agreement, such officer’s agency shall have
command responsibility over the officer’s actions, until such time as
command responsibility is transferred to another agency pursuant hereto.
b. When an arrest is made by an officer acting outside of the jurisdictional
area of such officer’s agency pursuant to this Agreement for criminal
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Item No. 19c
activities that occurred outside of the jurisdictional area of such officer’s
agency, then, upon arrival of an officer from the agency in whose
jurisdictional area the crime occurred, that arriving officer shall assume,
thereafter, command responsibility for the arrestee, property, and criminal
investigation.
c. When an officer of one agency enters the jurisdictional area of another
agency for the purpose of continuing a criminal investigation, or pursuing
a subject, arising from an offense that occurred within the jurisdictional
area of such officer’s agency, such officer’s agency shall retain command
responsibility for such officer.
d. The foregoing notwithstanding, should an emergency arise while an officer
is acting outside of the jurisdictional area of such officer’s agency, such as
injury to the officer, a hostage situation, a barricaded suspect, or any
other
emergency,
the
shift
commander
of
the
agency
in
whose
jurisdictional area the emergency is occurring shall, upon arrival, have
command responsibility for the emergency and all officers at the scene of
the emergency until the emergency is resolved.
The determination of
when an emergency exists shall be within the discretion of the shift
commander for the agency in whose jurisdictional area the emergency
occurs.
7.
No Third Party Beneficiaries.
This Agreement is for the benefit of the
parties who are signatories hereto, and their officers, employees and agents.
No other individual or entity is intended to benefit hereby.
8.
Cumulative Effect.
This Agreement is cumulative with laws, ordinances,
resolutions or other agreements that relate to an officer’s exercise of law
enforcement authority outside the jurisdictional area of the officer’s agency
with respect to the parties to this Agreement. This Agreement is not intended
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Item No. 19c
to provide the sole basis upon which law enforcement authority may be
exercised outside the geographic area of any party to this Agreement.
9.
Savings Clause. The parties agree that the provisions of this Agreement are
severable and should any of its provisions, clauses or portions thereof be
deemed invalid and of no force and effect, only that provision, clause or
portion thereof shall fail and the remainder of this Agreement shall be in full
force and effect. Furthermore, if the scope of this Agreement is too broad,
then the parties intend for the Court to enforce the Agreement to the extent
that it determines is reasonable.
10.
Binding Effect. This Agreement shall inure to the benefit of and be binding
upon the respective successors or assigns of the parties hereto.
11.
Applicable Law. This Agreement shall be governed by the laws of the State
of Florida. Venue in any action to enforce or interpret this Agreement or any
action related to the employment relationship created hereunder shall lie
exclusively in the appropriate state court located in Brevard County, Florida.
12.
Compensation for Assistance. Unless specifically agreed to in writing by
the respective agencies, compensation to the assisting officer shall be paid by
the agency that employs the officer.
13.
Authority to Enter Into this Agreement. Each Agency that is a signatory
to this Agreement and, thus, is party to this Agreement hereby acknowledges
that
Section
23.1225(3),
Florida
Statutes
(2014),
requires
that
this
Agreement must be signed by the chief executive officer of the Agency, who
is authorized to bind the Agency. Each Agency represents and warrants that this
Agreement has been authorized and approved by the appropriate lawful action at a duly
noticed meeting of the governing body of such Agency, and the individual signing this
Agreement is the chief executive officer of such Agency and has the authority to bind the
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Item No. 19c
Agency whom such individual represents. Notwithstanding the foregoing, Wayne Ivey, in
his capacity as the Sheriff of Brevard County, Florida, hereby acknowledges and
represents that he has the authority to enter into this Agreement without the approval of
any governing body based on the opinion of the Office of the Florida Attorney General,
Opinion 96-07, issued on January 26, 1996.
14.
This Agreement to Supersede Previous Agreement.
This Agreement
shall supersede and replace the prior Mutual Aid Agreement dated January
26, 2013, in all respects, as to each Agency as to when that Agency signs this
Agreement.
[THE FOLLOWING PAGES ARE THE SIGNATURE PAGES]
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Item No. 19c
BY:
________________________________
____________________, its Chair
School Board of Brevard County
Date:____________________
BY:
________________________________
____________________, its Superintendent
School Board of Brevard County
Date:____________________
BY:
________________________________
Wayne Ivey, in his capacity as
Sheriff of Brevard County, Florida
Date:____________________
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Item No. 19c
BY:
________________________________
____________________, its _________________
Melbourne Airport Authority
Date:____________________
BY:
________________________________
Wayne Ivey, in his capacity as
Sheriff of Brevard County, Florida
Date:____________________
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Item No. 19c
BY:
________________________________
____________________, its _________________
City of Cocoa
Date:____________________
BY:
________________________________
Wayne Ivey, in his capacity as
Sheriff of Brevard County, Florida
Date:____________________
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Item No. 19c
BY:
________________________________
____________________, its _________________
City of Cocoa Beach
Date:____________________
BY:
________________________________
Wayne Ivey, in his capacity as
Sheriff of Brevard County, Florida
Date:____________________
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Item No. 19c
BY:
________________________________
____________________, its _________________
Town of Indialantic
Date:____________________
BY:
________________________________
Wayne Ivey, in his capacity as
Sheriff of Brevard County, Florida
Date:____________________
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Item No. 19c
BY:
________________________________
____________________, its _________________
City of Indian Harbour Beach
Date:____________________
BY:
________________________________
Wayne Ivey, in his capacity as
Sheriff of Brevard County, Florida
Date:____________________
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Item No. 19c
BY:
________________________________
____________________, its _________________
City of Melbourne
Date:____________________
BY:
________________________________
Wayne Ivey, in his capacity as
Sheriff of Brevard County, Florida
Date:____________________
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Item No. 19c
BY:
________________________________
____________________, its _________________
Town of Melbourne Beach
Date:____________________
BY:
________________________________
Wayne Ivey, in his capacity as
Sheriff of Brevard County, Florida
Date:____________________
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Item No. 19c
BY:
________________________________
____________________, its _________________
City of Melbourne Village
Date:____________________
BY:
________________________________
Wayne Ivey, in his capacity as
Sheriff of Brevard County, Florida
Date:____________________
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Item No. 19c
BY:
________________________________
____________________, its _____________
City of Palm Bay
Date:____________________
BY:
________________________________
Wayne Ivey, in his capacity as
Sheriff of Brevard County, Florida
Date:____________________
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Item No. 19c
BY:
________________________________
____________________, its ________________
City of Rockledge
Date:____________________
BY:
________________________________
Wayne Ivey, in his capacity as
Sheriff of Brevard County, Florida
Date:____________________
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Item No. 19c
BY:
________________________________
____________________, its ________________
City of Satellite Beach
Date:____________________
BY:
________________________________
Wayne Ivey, in his capacity as
Sheriff of Brevard County, Florida
Date:____________________
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Item No. 19c
BY:
________________________________
____________________, its ________________
City of Titusville
Date:____________________
BY:
________________________________
Wayne Ivey, in his capacity as
Sheriff of Brevard County, Florida
Date:____________________
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Item No. 19c
BY:
________________________________
____________________, its ________________
City of West Melbourne
Date:____________________
BY:
________________________________
Wayne Ivey, in his capacity as
Sheriff of Brevard County, Florida
Date:____________________
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Item No. 19c
Page 123
Item No. 19d
RESOLUTION NO. 3458
A RESOLUTION OF THE CITY OF MELBOURNE, BREVARD
COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO
SUBMIT A GRANT APPLICATION TO THE DEPARTMENT OF
HOMELAND
SECURITY
FOR
THE
ASSISTANCE
TO
FIREFIGHTERS GRANT PROGRAM FOR FOUR CARDIAC
MONITOR/DEFIBRILLATORS AND A MAINTENANCE CONTRACT;
PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR
ADOPTION.
WHEREAS, the Assistance to Firefighters Grant (AFG) Program is administered by the
Department of Homeland Security’s Office of State and Local Government Coordination and
Preparedness to assist rural, urban and suburban fire departments throughout the United States;
and
WHEREAS, the Department of Homeland Security Appropriations Act of 2014 received a
$304 million appropriation from Congress for the AFG Program; and
WHEREAS, the City of Melbourne, Florida desires to obtain AFG funds to protect the health
and safety of the public and firefighting personnel against fire and related hazards as it relates to
fire departments; and
WHEREAS, the City of Melbourne desires to receive the AFG matching financial assistance
for the purchase of four cardiac monitor/defibrillators and a three-year maintenance contract.
BE IT RESOLVED BY THE CITY OF MELBOURNE, FLORIDA:
SECTION 1. That the City Manager is authorized to submit a grant application to the
Department of Homeland Security for the purchase of four cardiac monitor/defibrillators and a
maintenance contract in the amount of $140,612.00 to support the Melbourne Fire Department.
SECTION 2.
That the maximum required matching funds as set forth in the grant
application are no more than $14,062.00, and are available in the City of Melbourne’s FY2014/15
budget.
Page 1 of 2
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Item No. 19d
SECTION 3. That the City Manager is authorized and directed to apply for the grant; accept
the grant, should an award be rendered; and execute all documents relating thereto.
SECTION 4. That this resolution shall become effective immediately upon its adoption in
accordance with the Charter of the City of Melbourne.
SECTION 5. That this resolution was duly adopted at a regular meeting of the City Council
on the
day of
, 2014.
BY:
Kathleen H. Meehan, Mayor
ATTEST:
Cathleen A. Wysor, City Clerk
Resolution No. 3458
Page 2 of 2
Page 125
Item No. 19d
Melbourne City Council
November 25, 2014
Item No.
City Manager’s Agenda Report
20
SUBJECT
Items Removed from the Consent Agenda
Page 126
Item No. 20
Melbourne City Council
DEPARTMENT:
PUBLIC WORKS & UTILITIES
November 25, 2014
City Manager’s Agenda Report
Reading No.
Public Hearing
Disclosure Required
Item No.
N/A
No
No
21
SUBJECT
Purchase of services to rehabilitate sanitary sewer manholes.
BACKGROUND/CONSIDERATION
Wastewater Collection has a continuing C.I.P. project for the rehabilitation of sanitary sewer
manholes to eliminate inflow and infiltration into the sewer system thus reducing the cost to treat
sewer water at the treatment plants. Rehabilitation includes patching all holes and leaks into the
manhole, building up the deteriorated manhole walls to add structural stability, and coat the
walls with a cementitious material to increase life expectancy of the entire structure.
In FY 13-14 Utility Operations piggy-backed a competitively bid contract from City of Pinellas
Park, Pinellas County, Florida Bid # 14-013. This contract has been renewed by the City of
Pinellas Park for an additional year. Utility Operations is requesting to again piggy-back the City
of Pinellas Park contract to complete manhole rehabilitation scheduled for FY 14-15.
VacVision Environmental LLC currently holds the contract for the City of Pinellas Park and has
performed well in both product application and work performance for the past few years within
the City.
FISCAL IMPACT (IF APPLICABLE)
Funding has been approved in Wastewater Collection C.I.P. Budget
Account # 41335-563000-32115
REQUESTED ACTION
Recommend approval of purchase of services to rehabilitate sanitary sewer manholes at
various locations throughout the City, VacVision Environmental, LLC, Tampa, FL - for an amount
not-to-exceed $219,700.
Page 127
Item No. 21
Page 128
Item No. 21
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Item No. 21
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Item No. 21
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Item No. 21
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Item No. 21
Page 133
Item No. 21
Melbourne City Council
November 25, 2014
DEPARTMENT:
FINANCIAL SERVICES
City Manager’s Agenda Report
Reading No.
Public Hearing
Disclosure Required
Item No.
N/A
No
No
22
SUBJECT
Resolution No. 3459: Fourth quarter budget review recommendations.
BACKGROUND/CONSIDERATION
Each quarter Budget staff recaps the City’s budget versus actual progress for the year in a
report to Council. This report covers the period from October 2013 through September 2014.
The report also makes recommendations for Council approval of the final budget adjustments
for the previous fiscal year.
Budget adjustments to the General Fund are recommended to recognize adjustments to
revenue and their associated appropriations. This includes several grant adjustments,
recognition of additional insurance premium taxes used for public safety staff benefits,
recognition of the lease proceeds and expenditures for the Police video systems, re-allocation
of budget to cover leave payouts, recognition of Prior Year Surplus to cover higher than
anticipated Workers’ Compensation charges and an increase in the subsidy to Golf Operations.
The increase to the General Fund totals $1,391,951.
During the fiscal year, two funds collected revenue below the level required to support
expenditures. Golf Operations ended the year with a deficit of $376,482. Staff recommends
an increase in the General Fund subsidy to cover this deficit.
Workers’ Compensation ended the year with a deficit of $657,257. Staff recommends
increasing department charges and utilizing Prior Year Surplus to cover this deficit.
Several project budget adjustments are also included which net to a reduction of $35,254 to the
Capital Improvements Fund.
Additional details are found in the attached report.
FISCAL IMPACT (IF APPLICABLE)
The FY 13-14 budget year is concluded. The resolution recognizes operating expenditures and
revenues that have already posted. The budget impact is an increase to the General Fund of
$1,391,951; Workers’ Compensation Fund of $675,010; and a decrease in the Capital
Improvement Fund of $35,254.
REQUESTED ACTION
Recommend approval of Resolution No. 3459.
Page 134
Item No. 22
TO:
Mayor & City Council
FROM:
Michael A. McNees, City Manager
DATE:
November 13, 2014
SUBJECT:
Fourth Quarter Budget Review – September 2014
The net changes recommended to the Fund budgets in the Fourth Quarter Review are:
$1,391,951
General Fund
Golf Operations Fund
Workers’ Compensation Fund
Capital Improvement Fund
$0
$675,010
($35,254)
While several of the City’s funds completed FY 2014 with adequate revenue
collected to provide for the expenditures of the respective funds, there were notable
exceptions prior to year-end accounting and audit entries. Golf Operations ended
the year with a deficit of $376,482, requiring an additional General Fund
transfer/subsidy of the same amount to stabilize the fund.
The Workers’
Compensation Fund had expenses in excess of the amount budgeted for claims;
requiring additional charges to several City departments and an additional transfer
from Workers’ Compensation’s Prior Year Surplus.
The additional Workers’
Compensation charges and the increased transfer to Golf Operations, require an
additional General Fund transfer from Prior Year Surplus to offset these increased
expenses in the General Fund. On a budgetary basis the Water and Sewer Fund had
a surplus of approximately $3 million.
1 - General Fund:
The General Fund completed the fiscal year with estimated revenues equaling 99.4%
of budget. The final payments from the Local Option Gas Tax, Communications
Services Tax, FPL Franchise Fees, Electric Utility Tax and ½ Cent Sales Tax are
included as accrual estimates.
Staff recommends increases to Fire Insurance Premium Tax and Casualty Insurance
Premium Tax revenue which must be spent on Benefits Paid by Premium Tax. Staff
also recommends that the revenue budgeted for several grants including the
Bulletproof Vests grant, the Justice Assistance Program, Byrne Grant, VOCA and
2013 JAG Byrne grant, be adjusted to the actual amounts spent during the year.
Staff further recommends an increase in the Transfer from the Law Enforcement
Trust Fund (LETF) due to higher than anticipated legal costs during the year and an
increase in Water and Sewer Rate of Return Charge due to higher than anticipated
Water sales. Staff also recommends recognition of Lease Proceeds used for the
Police Department’s in car video system.
Expenditures were 98.3% of budget. Savings occurred in the Regular Salary (vacant
positions) and Operating Expenditures (purchases deferred).
At budget adoption, funding was set aside for leave payouts and a one-time pay
bonus in the Non-departmental budget. In the fourth quarter, this funding is
Page 135
Item No. 22
transferred as needed to individual divisions, listed below, for that purpose.
Recommendations for budget amendments follow:
City Manager – Recommend a decrease of $16,003 for the Salary and Benefits of
the Internal Auditor who was transferred to Management Services in July 2014.
The amount available was reduced due to leave payouts made to retiring staff.
Management Services Administration – Recommend an increase of $33,382 to
the Salary and Benefit accounts for the Internal Auditor who was transferred to
Management Services in July 2014.
Personnel – Recommend an increase of $37,000 to Regular Salaries to fund
retiree leave payouts and the Council approved one-time bonus.
Melbourne Auditorium - Recommend an increase of $115,000 to Workers’
Compensation for payment of claims incurred by Auditorium staff.
Lipscomb Community Center – Recommend an increase of $24,756 for leave
buybacks and to cover overages in the operating budget, primarily in Other
Contract Services.
Police Administration - Recommend an increase of $41,067 to fund Regular
Salaries for leave buybacks, and to increase Deferred Compensation to reflect the
Police Chief’s current deferred compensation rate.
Police Operations – Recommend an increase of $151,325 to Regular Salaries to
fund leave buybacks and Council approved pay adjustments.
It is also
recommended that an increase of $154,000 to Workers’ Compensation be
approved for payment of claims incurred by Police Operations staff. Staff also
recommends increases to Overtime ($30,000), and LETF Legal Expenses
($31,594) to support incurred expenditures. Staff further recommends grant
related adjustments which defer $63,189 in grant expenses to FY 15. Staff also
recommends that Lease Proceeds be allocated to Machinery and Equipment
($497,468) and Intangible – Computer Software ($62,700) for the purchase of the
Police Department’s in-car video system.
Police Support – Recommend a decrease to LETF Drug Prevention and LETF
GIA – Govt. to reduce these accounts to the actual amounts spent during the year,
and transfer remaining funding to LETF Legal Expense in Police Operations. It is
also recommended that $4,000 is transferred from Repair and Maintenance –
Building to Project #18115 PD Modular Storage System to cover higher than
anticipated expenditures in that project.
Fire Administration - Recommend an increase of $49,048 to Regular Salaries to
fund leave payouts for retiring employees.
Traffic Engineering – Recommend an increase of $18,000 to Regular Salaries to
fund leave buybacks and the Council approved one time bonus.
Non-departmental – Recommend a decrease of $321,006 to Regular Salaries for
transfers to Divisions for Council approved pay adjustments and leave payouts.
Staff recommends an increase of $182,648 to Benefits Paid by Premium Tax due
to increased revenue from Fire and Casualty Insurance Premium Taxes. It is also
recommended that the Transfer to Golf Operations be increased by $376,482 to
cover overages caused by revenue shortfalls throughout the year and that the
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2
Item No. 22
transfer to Project #18115 PD Modular Storage System be increased by $4,000.
The General Fund budget increases by $1,391,951 following the Fourth Quarter
Adjustments.
2 - Special Revenue Funds:
The Housing and Urban Improvement grants are received primarily on a
reimbursement basis.
At the end of the year there may be outstanding
reimbursements. The total Special Revenue Funds revenues received were 41.5%
of budget. Expenditures were 49.6% of budget.
The Special Revenue Funds budgets are unchanged following the Fourth Quarter
Review.
3 - Water and Sewer Fund:
Collected revenues were 116.3% of budget. Expenditures were 88.4% of the
budget.
The Water & Sewer Fund budget remains at the same level after the Fourth Quarter
Review. The surplus will be used to replenish working capital reserves and for
capital projects in lieu of bond funding.
4 - Stormwater Utility Fund:
Stormwater revenues were 98.5% of budget. Expenditures were 95.1% of budget.
The Stormwater Fund budget is unchanged following the Fourth Quarter Review.
5 - Golf Course Fund:
Collected revenues were 79.5% of budget and were insufficient to provide for the
expenditures of this Fund. Expenditures were 93.3% of budget. Expenditures
exceeded revenue by $376,482.
It is recommended that a transfer/subsidy from the General Fund in the amount of
$376,482 be provided and that other revenue budgets which fell short of
expectations be reduced by the same amount. It is also recommended that $29,264
be reduced from Mallard’s Landing Golf Course budget and transferred to project
#47011 Cart Storage Buildings at Mallard’s Landing due to higher than anticipated
expenditures in the project.
The net change to this budget is $0 after the Fourth Quarter Review.
6 - Risk Management Fund:
Risk Management revenues were 99.9% of budget. Expenditures were 78.4% of
budget due primarily to lower insurance claims. No changes to this budget are
recommended.
7 - Workers Compensation Fund:
Workers Compensation revenues were 125.3% of budget due to the charges to user
departments associated with increased claims. It is recommended that User
Charges be increased, and that the $200,000 remainder needed be funded from
Page 137
3
Item No. 22
Prior Year Surplus. Expenditures were 164.8% of budget due to higher than
budgeted Claims Expenses.
The net change to this budget is an increase of $675,010 after the Fourth Quarter
Review.
8 - Capital Improvement Fund:
General Construction Projects – The following changes are recommended.
14213 Hickory St. Drainage – Recommend the transfer of $310,000 from Local
Option Gas Tax to this project due to higher than anticipated constructions costs.
18115 Police Department Modular Storage System – Recommend the
appropriation of $4,000 from the Police Operations operating budget for additional
renovation and storage system costs.
Transportation Construction Projects - The following changes are recommended.
60099 Transportation Misc. Project - Recommend the transfer of $310,000 from
Unappropriated Local Option Gas Tax (LOGT) funds to project #14213 Hickory St.
Drainage to cover additional construction costs.
68013 FY 2013 Resurfacing – Recommend the transfer of funds remaining after
completion to project #68114 Pavement Management Program.
68299 Resurfacing Program – Recommend the transfer of funds remaining after
completion to project #68114 Pavement Management Program.
68114 Pavement Management Program – Recommend the transfer of funds
remaining from previous resurfacing projects to this project.
Water and Sewer Capital Projects – The following changes are recommended to
Water and Sewer projects:
30099 Water and Sewer Capital Improvements – Misc. – Recommend the return
of $57,200 from Project #32112 LS 18 Sewer Force Mains, which was completed
under budget to Unappropriated Budget Savings to be used in future projects.
30412 S. Beach 16” Water Main – Recommend the elimination of overstated Bond
proceeds from this project which is nearing completion.
32112 – LS 19 Sewer Force Mains – Recommend the elimination of over-stated
bond proceeds from this project, and the return of the remaining operating funds to
project #30099 Water and Sewer Capital Improvements.
Golf Capital Projects - The following changes are recommended to Golf Course
projects:
47011 – Cart Storage Buildings at Mallard’s Landing – Recommend the transfer
of $29,264 from the Golf Operations operating budget to this project for additional
construction expenses.
Page 138
4
Item No. 22
The decrease to the Capital Improvement Fund following implementation of the
Fourth Quarter Review is ($35,254).
Attached is a report summarizing revenues, expenditures, and budget balances
through the Fourth Quarter. Specific details of the adjustments included in this
Review are included in the Fourth Quarter Resolution.
Recommendation
Recommend approval of the resolution providing the recommended adjustment to
each specific account.
Respectfully submitted,
__________________________
Michael A. McNees, City Manager
Page 139
5
Item No. 22
The following table provides a summary of revenues and expenditures through
September 2014:
RECEIVED/
EXPENDED
BUDGET
GENERAL FUND
Revenues
$
Expenditures
Surplus(Shortfall)
75,213,409
75,213,409
$
74,738,202
73,917,706
820,496
SPECIAL REVENUE FUNDS
Revenues
$
4,686,033
Expenditures
4,686,033
Surplus(Shortfall)
BUDGET
BALANCE
$
1,925,416
2,300,920
(375,504)
% OF BUDGET
RECEIVED/
EXPENDED
475,207
1,295,703
99.4%
98.3%
1.1%
2,760,617
2,385,113
41.1%
49.1%
(8.0%)
(8,617,661)
6,128,674
116.3%
88.4%
27.9%
WATER & SEWER FUND
Revenues
$ 52,843,971
Expenditures
52,843,971
Surplus(Shortfall)
61,461,632
46,715,297
14,746,335
STORMWATER UTILITY FUND
Revenues
$
2,340,440
Expenditures
2,340,440
Surplus(Shortfall)
2,305,812
2,224,925
80,887
34,628
115,515
98.5%
95.1%
3.5%
GOLF COURSE FUND
Revenues
$
Expenditures
Surplus(Shortfall)
2,732,600
2,732,600
2,173,518
2,550,000
(376,482)
559,082
182,600
79.5%
93.3%
(13.8%)
RISK MANAGEMENT
Revenues
$
Expenditures
Surplus(Shortfall)
2,341,738
2,341,738
2,339,647
1,835,479
504,168
2,091
506,259
99.9%
78.4%
21.5%
WORKERS' COMPENSATION
Revenues
$
1,666,171
Expenditures
1,666,171
Surplus(Shortfall)
2,088,385
2,745,642
(657,257)
CAPITAL IMPROVEMENT FUND - ALL YEARS (active projects)
Revenues
$ 104,976,897
69,506,765
Expenditures
104,976,897
67,497,225
Surplus(Shortfall)
2,009,540
(422,214)
(1,079,471)
35,470,132
37,479,672
125.3%
164.8%
(39.4%)
66.2%
64.3%
1.9%
* The final 2014 remittances from the State for Local Option Gas Tax, Communications Service Tax, Florida Power and Light
Franchise Fees, Electric Utility Tax and ½ Cent Sales Tax have not been received. An estimated amount has been added to
the General Fund Y-T-D Revenue to reflect the funds estimated to be received for these revenues.
Page 140
6
Item No. 22
RESOLUTION NO. 3459
A RESOLUTION OF THE CITY OF MELBOURNE, BREVARD
COUNTY, FLORIDA, AMENDING RESOLUTION NO. 3368;
IMPLEMENTING BUDGET ADJUSTMENT RECOMMENDATIONS;
PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR
ADOPTION.
WHEREAS, on September 17, 2013, the City of Melbourne adopted Resolution No. 3368
providing for adoption of the City's 2013-2014 budget; and
WHEREAS, an analysis of the fourth quarter's revenue and expenditures has indicated
that certain adjustments are necessary as identified in Exhibit “A.”
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MELBOURNE, FLORIDA:
SECTION 1. That the budget for the fiscal year commencing October 1, 2013 is hereby
amended by the amounts identified in Exhibit “A” (attached).
SECTION 2. That this resolution shall become effective immediately upon its adoption in
accordance with the Charter of the City of Melbourne.
SECTION 3. That this resolution was duly adopted at a regular meeting of the City
Council on the
day of
, 2014.
BY:
Kathleen H. Meehan, Mayor
ATTEST:
Cathleen A. Wysor, City Clerk
Attachment: Exhibit “A”
Page 141
Item No. 22
ATTACHMENT A
GENERAL FUND REVENUES
INCREASE/
REVISED
DECREASE
BUDGET
GENERAL FUND
5303123
312510
Fire Insurance Premium Tax
4203123
312520
Casualty Insurance Premium Tax
4203313
331205
DOJ - Bulletproof Vests
4203313
331218
DOJ - Justice Assistance Program
4203313
331232
JAG - Byrne Grant
4203313
331236
VOCA - 13/14
4203313
331237
13 JAG Byrne Grant
4203810
381003
Inter in (160) LETF
9013810
381007
Inter in (401) WS Rate of Return
4203830
383010
Lease Proceeds
9013870
387035
Appropriation from PY Surplus
TOTAL GENERAL FUND REVENUES
Expenditure total:
GENERAL FUND EXPENDITURES
59,006
604,006
123,642
535,651
418
15,276
3,362
3,362
(56,422)
13,306
3,325
33,325
(13,872)
39,157
22,598
118,997
33,375
2,738,823
560,168
560,168
656,351
1,391,951
4,006,351
1,391,951
INCREASE/
REVISED
DECREASE
BUDGET
CITY MANAGER
01200512
512000
Regular Salaries
01200512
521000
FICA Taxes
(6,260)
36,196
01200512
522010
Fl Retirement System
(4,251)
64,284
01200512
523000
Life & Health Insurance
(1,492)
(16,003)
42,136
15,002
130,002
2,200
9,615
(4,000)
TOTAL CITY MANAGER
538,229
MANAGEMENT SERVICES ADMINISTRATION
11000513
512000
Regular Salaries
11000513
521000
FICA Taxes
11000513
522010
Fl Retirement System
11,620
20,048
11000513
523000
Life & Health Insurance
4,560
33,382
11,826
37,000
37,000
336,189
115,000
115,000
118,396
TOTAL MANAGEMENT SERVICES ADMINISTRATION
PERSONNEL
12000513
512000
Regular Salaries
TOTAL PERSONNEL
MELBOURNE AUDITORIUM
31100575
524000
Workers' Compensation
TOTAL MELBOURNE AUDITORIUM
LIPSCOMB COMMUNITY CENTER
31400572
512000
Regular Salaries
10,512
128,114
31400572
534000
Other Contract Services
13,610
34,610
31400572
546030
Repair & Maintenance - Building
634
2,036
Page 142
-1-
Item No. 22
24,756
TOTAL LIPSCOMB COMMUNITY CENTER
POLICE ADMINISTRATION
41000521
512000
Regular Salaries
26,000
200,583
41000521
522060
Deferred Compensation
15,067
41,067
22,433
151,325
7,698,521
30,000
845,000
TOTAL POLICE ADMINISTRATION
POLICE OPERATIONS
42000521
512000
Regular Salaries
42000521
514000
Overtime
42000521
514010
Grant Overtime
(15,482)
13,306
42000521
524000
Workers' Compensation
154,000
482,856
42000521
531160
LETF Legal
31,594
42,890
42000521
534120
Uniform Expense
418
166,150
42000521
552220
Misc. Equipment & Furniture
42000521
564000
Machinery & Equipment
454,968
704,668
42000521
568010
Intang. - Computer Software
62,700
860,573
62,700
TOTAL POLICE OPERATIONS
(8,950)
274,802
POLICE SUPPORT
44000521
534430
LETF Drug Prevention
(8,496)
6,501
44000521
546030
Repair & Maintenance - Building
(4,000)
65,993
44000521
581070
LETF GIA- Govt.
(500)
(12,996)
0
Regular Salaries
49,048
49,048
410,184
18,000
304,222
TOTAL POLICE SUPPORT
FIRE ADMINISTRATION
51000522
512000
TOTAL FIRE ADMINISTRATION
TRAFFIC ENGINEERING
58100541
512000
Regular Salaries
18,000
TOTAL TRAFFIC ENGINEERING
GENERAL FUND NON-DEPARTMENTAL
90100519
512000
Regular Salaries
90100519
536030
Benefits Paid By Premium Tax
90100581
591070
Inter to (311) General Construction
90100581
591292
Inter to (490) Golf
(321,006)
TOTAL GENERAL FUND NON-DEPARTMENTAL
TOTAL GENERAL FUND EXPENDITURES
204,427
182,648
1,139,657
4,000
559,000
376,482
242,124
451,482
1,391,951
GOLF COURSE FUND REVENUES
INCREASE/
REVISED
DECREASE
BUDGET
CRANE CREEK RESERVE GOLF COURSE
3613472
347241
Golf Greens Fees
(28,500)
376,500
3613472
347242
Golf Summer Greens Fees
(61,500)
133,500
Page 143
-2-
Item No. 22
3613472
347265
Golf Cart Rentals
TOTAL CRANE CREEK RESERVE GOLF COURSE
(62,082)
(152,082)
275,918
MALLARD'S LANDING GOLF COURSE
3623472
347241
Golf Greens Fees
(27,500)
308,500
3623472
347242
Golf Summer Greens Fees
(89,900)
115,100
3623472
347265
Golf Cart Rentals
(52,000)
(169,400)
255,709
TOTAL MALLARD'S LANDING GOLF COURSE
GOLF COURSE NON-DEPARTMENTAL
9493472
347240
Golf Annual Fees
(55,000)
115,000
9493810
381000
Inter in (001) General Fund
376,482
321,482
451,482
TOTAL GOLF COURSE NON-DEPARTMENTAL
TOTAL GOLF COURSE FUND REVENUES
0
GOLF COURSE FUND EXPENDITURES
INCREASE/
REVISED
DECREASE
BUDGET
MALLARD'S LANDING GOLF COURSE
36200572
546030
Repair & Maintenance - Building
(10,064)
18,936
36200572
546120
Repair & Maintenance - Grounds
(19,200)
(29,264)
34,800
TOTAL MALLARD'S LANDING GOLF COURSE
GOLF COURSE NON-DEPARTMENTAL
94900587
591570
Intra to (491) Golf Projects
TOTAL GOLF COURSE NON-DEPARTMENTAL
29,264
29,264
TOTAL GOLF COURSE FUND EXPENDITURES
0
INSURANCE FUND REVENUES
INCREASE/
REVISED
DECREASE
BUDGET
WORKERS' COMPENSATION
2413410
341200
Service Charge - WC
475,010
1,951,002
2413870
387034
Approp from RE PY Surplus
293,148
TOTAL WORKERS' COMPENSATION
200,000
675,010
TOTAL INSURANCE FUND REVENUES
675,010
INSURANCE FUND EXPENDITURES
INCREASE/
REVISED
DECREASE
BUDGET
WORKERS' COMPENSATION
24100513
545060
TOTAL WORKERS' COMPENSATION
675,010
675,010
TOTAL INSURANCE FUND EXPENDITURES
675,010
Page 144
WC Claims
-3-
1,667,038
Item No. 22
CAPITAL IMPROVEMENT FUND
311 - GENERAL CONSTRUCTION PROJECTS
REVENUE
EXPENDITURE
BUDGET
14213 - HICKORY ST. DRAINAGE
314810
381018
14213 Inter in (361) Transportation
31441
565050
14213 Infrastructure - Drainage
310,000
310,000
310,000
310,000
310,000
595,100
18115 - PD MODULAR STORAGE SYSTEM
312810
381000
18115 Inter in (001) General Fund
31221
564000 18115 Machinery & Equipment
4,000
36,000
4,000
TOTAL GENERAL CONSTRUCTION PROJECTS
361 - TRANSPORTATION CONSTRUCTION PROJECTS
4,000
4,000
314,000
314,000
REVENUE
EXPENDITURE
4,000
BUDGET
60099 - TRANSPORTATION MISC. PROJECT
(310,000)
364810
387021 60099 Intra in (368) LOGT
36441
590300 60099 Unappropriated Budget Savings
658,105
(310,000)
(310,000)
658,105
(310,000)
68013 - FY 2013 RESURFACING
364810
36441
381000 68013 Inter in (001) General Fund
(43,832)
931,168
(43,832)
546240 68013 Repair & Maint. - Infrastructure
(43,832)
1,256,168
(43,832)
68299 - RESURFACING PROGRAM
364810
381000 68299 Inter in (001) General Fund
36441
546240 68299 Repair & Maint. - Infrastructure
(26,163)
1,413,257
(26,163)
(26,163)
5,266,302
(26,163)
68114 - PAVEMENT MANAGEMENT PROGRAM
364810
381000 68114 Inter in (001) General Fund
36441
546240 68114 Repair & Maint. - Infrastructure
TOTAL 361 - TRANSPORTATION CONSTRUCTION PROJECTS
Page 145
-4-
69,995
169,995
69,995
69,995
69,995
(310,000)
(310,000)
169,995
Item No. 22
413 - WATER & SEWER PROJECTS
REVENUE
30099- W&S CAPITAL IMPROVEMENT - MISC.
413870
387013 30099 Intra in (401) W & S Rev/Oper
41336
EXPENDITURE
57,200
57,200
590300 30099 Unappropriated Budget Savings
57,200
BUDGET
661,333
661,333
57,200
30412 - S. BEACH 16" WATER MAIN
413840
384012 30412 2012 Bond Issue Proceeds
41333
563000 30412 Improv Other than Bldg
(5,932)
874,368
(5,932)
(5,932)
869,468
(5,932)
32112 - LS 19 SEWER FORCE MAINS
413840
384012 32112 2012 Bond Issue Proceeds
(62,586)
413870
387013 32112 Intra in (401) W&S Rev/Operating
(57,200)
56,574
9,500
41335
563000 32112 Improv Other than Bldg
(61,810)
41335
563010 32112 IOTB-Design
(57,976)
TOTAL 413 - WATER & SEWER PROJECTS
491 - GOLF COURSE PROJECTS
(119,786)
(119,786)
(68,518)
(68,518)
REVENUE
EXPENDITURE
56,050
10,024
BUDGET
47011 - CART STORAGE BUILDINGS AT MALLARD'S LANDING
497870
49772
29,264
387004 47011 Intra in (490) Operating
123,933
29,264
562010 47011 Building Improvements
TOTAL 491 - GOLF COURSE PROJECTS
29,264
29,264
TOTAL CAPITAL IMPROVEMENT FUND
(35,254)
(35,254)
123,933
4th Qtr Review FY 13-14
Page 146
-5-
Item No. 22
Melbourne City Council
DEPARTMENT:
COMMUNITY DEVELOPMENT
November 25, 2014
City Manager’s Agenda Report
Reading No.
Public Hearing
Disclosure Required
Item No.
1
Yes
Yes
23
SUBJECT
Ordinance No. 2014-70: Substantial change to previously approved conditional use (CU-201411) Florida Bowling Center - 4851 Dairy Road
BACKGROUND/CONSIDERATION
This is a request to change Condition a. of Ordinance 88-05 of a 1987 conditional use approval,
to allow the placement of a six-foot opaque fence in lieu of a masonry wall along the north and
east property lines, for a 4.36± acre property, zoned C-C-1 (Neighborhood Commercial with a
conditional use to allow a bowling center and the consumption of alcoholic beverages onsite).
The bowling alley has been in operation since the late 1980’s at this location. Over time,
portions of the masonry wall in the northeast corner of the property deteriorated and at some
point, these sections were removed and a six-foot-tall opaque wooden fence was constructed.
Current City Code standards for buffering would not require a masonry wall between a
commercial use and a multi-family residential use; rather, a six-foot tall, opaque fence would be
the minimum requirement. Additionally, the applicant is working with the Ocean Breeze
Apartments manager, who supports the proposed opaque fence and would like to allow
pedestrian access between the properties.
Staff is able to support the request of a six-foot-tall wooden fence in lieu of the masonry wall,
where adjacent to the common areas of Sonesta Walk and where adjacent to the apartments to
the east. However, there are three residential townhome lots located adjacent to the northeast
corner of the property, where staff is recommending that a masonry wall be constructed and not
a wooden fence.
The Planning and Zoning Board voted unanimously to recommend approval of this request at its
November 6, 2014 meeting.
FISCAL IMPACT (IF APPLICABLE)
N/A
REQUESTED ACTION
Recommend approval of Ordinance No. 2014-70 based on the findings and conditions
contained in the Planning and Zoning Board memorandum.
Page 147
Item No. 23
MEMORANDUM
Community Development
Department
TO:
Michael A. McNees, City Manager
THRU:
Cindy Dittmer, AICP, Community Development Director
FROM:
Cheryl A. Dean, AICP, Planning Manager
RE:
Conditional Use Request (CU-2014-11) Substantial Change to
previously approved Conditional Use – Florida Bowling Center (4851
Dairy Road)
DATE:
November 13, 2014
Owner/Applicant/Representative
Rajendra Shah, Owner; Florida Bowling Center, LLC, Applicant; Patrick Watkinson,
Manager, Representative
Proposed Action
The applicant is requesting a change to Condition a. of Ordinance 88-05 included in a
1987 conditional use approval, to allow the placement of a 6-foot opaque fence in lieu of
a masonry wall along the north and east property lines, for a 4.36± acre property, zoned
C-C-1 (Neighborhood Commercial with a conditional use to allow a bowling center and
the consumption of alcoholic beverages onsite).
Location
The developed property is located on the east side of Dairy Road, south of Eber
Boulevard and north of Palm Bay Road, in Township 28, Range 37, Section 21 – more
specifically known as 4851 Dairy Road.
History
The property is a portion of the original Lot 24, Plat of Florida Indian River Land
Company, as recorded in PB1, PG164. In 1988, City Council approved a Conditional
Use for the construction of a bowling center that would also sell beer and wine for
consumption on premises (CU-1987-21/Ordinance No. 88-05). The building currently
located on the property was constructed in 1988 after the conditional use was approved.
The adopting ordinance included specific conditions that were tied to the bowling alley,
including the construction of a masonry wall along the north and east property lines.
These were constructed with the development of the site.
Page 148
Item No. 23
Over time, portions of the wall in the north east corner of the property deteriorated and
at some point, these sections were removed and a 6-foot-tall opaque wooden fence was
constructed. The applicant contends that when he purchased the property in 2008 (20±
years after the center was first constructed), the wooden fence was already in place.
Accordingly, he has provided the City with his original survey of the property (signed
and sealed from 2007, just before the property was purchased).
Adjacent Property Future Land Use and Zoning
The property has a General Commercial Future Land Use designation.
To the East: Landmark at Ocean Breeze Apartments
Zoning: R-2 (One-, Two-, and Multi-Family Dwelling Medium Density
District)
Land Use: Medium Density Residential
To the North: Sonesta Walk Subdivision (PB51, PG84)
Zoning: R-2 (6)
Land Use: Low Density Residential
To the West: Across Dairy Road, Venetian Village Condominiums
Zoning: C-C-1
Land Use: Mixed Use
To the South: Undeveloped Commercial Land
Zoning: C-2 (General Commercial)
Land Use: General Commercial
Issues and Considerations
Recently, the applicant was working with the City to replace the existing wooden fence
with new wooden panel fencing (Building Permit No. 14-0-2102), when they discovered
that the original conditional use ordinance required a masonry wall. The applicant is
requesting to replace the existing solid wood fence along the north and east property
lines.
Surrounding Area: The Conditional Use standards require a determination that the
requested change to the approved Conditional Use will not be injurious to the
neighborhood or otherwise detrimental to the public welfare, and is in harmony with the
general purpose of the zoning ordinance. The character and use of adjoining buildings
and those in the vicinity, the number of persons residing or working in such buildings,
and traffic conditions in the vicinity are all factors that shall be taken into account.
Within a 500-foot radius of the subject property there is a mixture of townhomes, office,
vacant commercial, and multiple-family residential uses. There are no single-family
detached residential homes located within 500 feet of the bowling alley. The closest
residential dwellings are three townhome lots located in the northeast corner of the
Page 149
Item No. 23
bowling alley property (Sonesta Walk, Phase 2, Block D, Lots 42-44). The bowling alley
building is more than 76 feet away from the residential property line.
Directly behind the bowling alley is the Ocean Breeze Apartment Complex, originally
built in 1985. Much of the deterioration of fencing is located between the two properties,
partly because residents at the apartment complex have informally cut through the
properties to go to the bowling alley. Current City Code standards for buffering would
not require a masonry wall between a commercial use and a multi-family residential
use; rather, a 6-foot tall, opaque fence would be the minimum requirement (Appendix D,
Chapter 9, Article III, Section 9.44.1). The applicant has been working with the Ocean
Breeze Apartments manager, who would like to allow pedestrian access between the
properties (see attached letter).
Generally, staff is able to support the use of a 6-foot-tall wooden fence in lieu of the
masonry wall, specifically, where adjacent to the common areas of Sonesta Walk and
where adjacent to the apartments to the east. However, there are three residential
townhome lots located adjacent to the northeast corner of the property, where staff feels
there should be a masonry wall used as the non-residential buffer.
Roadway Access: The property abuts Dairy Road (100-foot wide Brevard County rightof-way) with two points of access onto the site.
Other considerations
 A site plan is not required, since the building will not be altered by more than 50%.
 This is an existing site and therefore is not required to submit a rendering or
environmental report.
 The proposed conditional use complies with the City’s Future Land Use Map and
Comprehensive Plan policies.
JPA review Comments
The project is not located within the Joint Planning Agreement review area.
Concurrency
The site is currently developed; accordingly, the proposed use should not further impact
public infrastructure systems and facilities.
The Planning and Zoning Board voted unanimously to recommend approval of this
request at its November 6, 2014 meeting.
Recommendation
Based on the findings contained in the Planning and Zoning Board memorandum, for a
4.36± acre developed property located on the east side of Dairy Road, south of Eber
Boulevard and north of Palm Bay Road, in Township 28, Range 37, Section 21 – more
Page 150
Item No. 23
specifically known as 4851 Dairy Road, the Planning and Zoning Board and the
Community Development Department recommend:
APPROVAL of CU-2014-11, for a Conditional Use approval to allow a 6-foot-tall
opaque fence along the north and east property lines at an existing bowling alley, with
the following conditions:
a.
The applicant will coordinate with the Ocean Breeze Apartment owner/manager to
provide a pedestrian access gate between the two properties.
b.
The applicant will construct the wall where adjacent to the three residential town
home lots.
Page 151
Item No. 23
MEMORANDUM
TO:
Mayor and Council
FROM:
Edward Coruzzi, Vice-Chairman
Planning and Zoning Board
RE:
Conditional Use Request (CU-2014-11) Substantial Change to
previously approved Conditional Use – Florida Bowling Center (4851
Dairy Road)
DATE:
November 6, 2014
City of Melbourne
Planning & Economic
Development Department
APPLICANT: Florida Bowling Center, LLC
REPRESENTATIVE:
Patrick Watkinson, Manager
The Planning and Zoning Board, at its regularly scheduled meeting of November 6, 2014,
reviewed the above referenced request for Conditional Use approval.
Following review and discussion, the Planning and Zoning Board voted unanimously to
recommend approval of CU-2014-11 to allow the placement of a 6-foot opaque fence in
lieu of a masonry wall along a portion of the north property line and all of the east
property line a 4.36± acre property, zoned C-1 (Neighborhood Commercial) , with the
following findings and conditions:
Findings for the Conditional Uses (Appendix B, Article IX, Section 5)
1. The requested substantial change to a previously approved Conditional Use
Permit (CUP), to utilize a 6-foot tall, solid wood fence along the north and east
property lines where adjacent to residential common areas and multi-family
property, is consistent with the goals, objectives, and policies of the City’s
Comprehensive Plan.
2.
The conditional use does not have a detrimental effect on the surrounding area,
public facilities, and private, commercial and/or service facilities available within
the area. More specifically:
a.
The appearance and function of the area will not be significantly lessened
due to the requested fence, since the fence will continue to provide a visual
buffer and provide a gated access for the residents of the adjacent apartment
complex, and since a masonry wall will still be provided adjacent to the
single-family residential townhomes.
G:\PZ\P&ZBOARD2014\MEMOS TO MAYOR & COUNCIL\CU-2014-11 FLORIDA BOWLING CENTER.DOC
Page 152
Item No. 23
Florida Bowling Center
November 6, 2014
Page 2 of 2
b.
The application does not impact the preservation of any city, state or
federally designated historic, scenic, archaeological, or cultural resources.
c.
The proposed fence removal/replacement does not have significant adverse
impacts on the livability and usability of nearby land and is compatible with
other uses in the area and will provide better visibility.
d.
The proposal is consistent with the character and use of adjoining buildings
since a 6-foot tall wooden fence would be permitted by current code
standards.
3.
The existing bowling alley is not expanding the building nor changing any other
site improvements, so there will be no increase in intensity of use on the property.
4.
The wooden fence does not have a detrimental impact on the transportation
system, since the site is already developed and these types of site improvements
will not further impact public infrastructure systems and facilities
Conditions
a. The applicant will coordinate with the Ocean Breeze Apartment owner/manager to
provide a pedestrian access gate between the two properties.
b.
The applicant will construct a 6-foot masonry wall where adjacent to the three
residential townhome lots.
Respectively Submitted,
for
Edward Coruzzi, Vice-Chairman
Planning and Zoning Board
G:\PZ\P&ZBOARD2014\MEMOS TO MAYOR & COUNCIL\CU-2014-11 FLORIDA BOWLING CENTER.DOC
Page 153
Item No. 23
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POLO DR
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CU-2014-11
FLORIDA BOWLING
CENTER
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City Boundary
Author: City of Melbourne GIS Team
Printed by: klee
Date Saved: 10/20/2014 10:46:15 AM
Document Path: G:\PZ\P&ZBOARD2014\Maps\CU-2014-11 Florida Bowling Center.mxd
Type
Non-Condo
Condo
CU-2014-11_Florida_Bowling_Center
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PALM BAY
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Legend
Parcel
SOLDIERS FIELD
FIELD LN
LN
SOLDIERS
Illustrative purposes only.
No warranties, expressed or implied, are provided for the property records and mapping data herein,
or for their use or interpretation by the User. The City of Melbourne assumes no liability
for any damages, losses, costs or expenses, including but not limited
to attorney's fees, arising from any User's use or misuse
of the property records or mapping data provided herein.
NE
RD
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Item No. 23
DR
RANGE DR
RANGE
Low Density Residential
Low Density Residential
KE
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R2 (10)
Medium Density Residential
R2 (10)
CREW CIR
CIR
CREW
PALM BAY RD NE
POLO
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DR
POL
R2 (6)
Low Density Residential
Low Density ResidentialLow Density Residential
R2 (6)
R2 (6)
RFFO
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DW
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DAIRY RD
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HIGHWAY 192
SNICOLE
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AV
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PUD
FLORIDA BOWLING
Low Density Residential
CENTER
Low Density Residential
RA
AD
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NTT W
WA
AY
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Low Density Residential
PUD
C1
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TTR
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Mixed-Use
C-C1
AURORA RD
Medium Density Residential
IDE
EXPLORER
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General Commercial Medium Density Residential
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SF
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Legend
City Boundary
Author: City of Melbourne GIS Team
Printed by: klee
Date Saved: 10/20/2014 10:48:00 AM
Document Path: G:\PZ\P&ZBOARD2014\Maps\CU-2014-11 Florida Bowling Center.mxd
Parcel
Type
Non-Condo
Condo
CU-2014-11_Florida_Bowling_Center
Page
155
SHORT HILLS
HILLS LN
LN
SHORT
R2
RR
DD
C2
CCII
RR
Mixed-Use
Illustrative purposes only.
No warranties, expressed or implied, are provided for the property records and mapping data herein,
or for their use or interpretation by the User. The City of Melbourne assumes no liability
for any damages, losses, costs or expenses, including but not limited
to attorney's fees, arising from any User's use or misuse
of the property records or mapping data provided herein.
PALM BAY
BAY RD
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Item No. 23
Page 156
Item No. 23
ORDINANCE NO. 2014-70
AN ORDINANCE OF THE CITY OF MELBOURNE, BREVARD
COUNTY, FLORIDA, MODIFYING CONDITIONS OF AN
EXISTING CONDITIONAL USE; AMENDING ORDINANCE
NO. 88-05, WHICH GRANTED A CONDITIONAL USE (CU1987-21) TO ALLOW CONSTRUCTION OF A BOWLING
CENTER AND FOR THE CONSUMPTION OF ALCOHOLIC
BEVERAGES ON THE PREMISES; PROVIDING THAT THE
REQUIREMENT FOR A MASONRY WALL ALONG THE
NORTH AND EAST PROPERTY LINES MAY BE AMENDED
BY ALLOWING A SIX-FOOT TALL OPAQUE FENCE ALONG
THE NORTH AND EAST PROPERTY LINES; IDENTIFYING
THE PROPERTY AS THE 4.36+-ACRE PARCEL ZONED C-C1 (NEIGHBORHOOD COMMERCIAL WITH A CONDITIONAL
USE), LOCATED ON THE EAST SIDE OF DAIRY ROAD,
SOUTH OF EBER BOULEVARD AND NORTH OF PALM BAY
ROAD (4851 DAIRY ROAD); PROVIDING FOR CONDITIONS
OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND
PROVIDING AN ADOPTION SCHEDULE. (CU-2014-11)
BE IT ENACTED BY THE CITY OF MELBOURNE, FLORIDA:
SECTION 1. That Ordinance No. 88-05 is hereby amended by providing that the
requirement for a masonry wall along the north and east property lines may be amended
by allowing a six-foot tall opaque fence along the north and east property lines.
SECTION 2. That this ordinance is adopted subject to the following conditions:
a.
The applicant must coordinate with the Ocean Breeze Apartment
owner/manager to provide a pedestrian access gate between the two
properties.
b.
The applicant must construct a six-foot masonry wall where adjacent to the
three residential townhome lots.
SECTION 3. That all other provisions of Ordinance No. 88-05 shall remain in full
force and effect.
SECTION 4. That it is hereby found and determined that the substantial change to
the previously approved conditional use satisfies the criteria established in Article IX,
Section 5 (C), of the Zoning Code.
Page 157
Page 1 of 2
Item No. 23
SECTION 5. That this ordinance shall become effective 30 days from the date of
adoption of this ordinance and, if appealed or otherwise judicially contested, until
resolution of any judicial contests or appeals. The amendment shall be duly recorded
within five business days after the 30-day period has expired and resolution of any judicial
contests or appeals.
SECTION 6.
That this ordinance was passed on the first reading at a regular
meeting of the City Council on the
day of
, 2014, and adopted on the
final reading at a regular meeting of the City Council on the
day of
,
2014.
BY:_________________________
Kathleen H. Meehan, Mayor
ATTEST:
_________________________
Cathleen A. Wysor, City Clerk
Ordinance No. 2014-70
Page 158
Page 2 of 2
Item No. 23
Melbourne City Council
DEPARTMENT:
COMMUNITY DEVELOPMENT
November 25, 2014
City Manager’s Agenda Report
Reading No.
Public Hearing
Disclosure Required
Item No.
N/A
Yes
Yes
24
SUBJECT
Preliminary Plat Approval Request (SD-2013-05) Crossings at Baymeadows Lakes, Phase 2
BACKGROUND/CONSIDERATION
This is a request for preliminary re-plat approval for a 33-lot, single-family subdivision, on 8.13±
acres, located on the south side of Grand Meadows Boulevard and west of Wickham Road. A
final master plat was approved by City Council in September 2014, and this request is for Tract
A of the Master Plat. The property was also rezoned to R-1B and designated with a Low
Density Residential Future Land Use classification (maximum six units per acre) in May 2014.
The preliminary re-plat will have a density of 4.1± units per acre. A total of 16 lots is proposed
at a minimum 50-foot width and 17 lots are proposed at a minimum 65-foot width. The applicant
is providing 0.85± acres of usable open space, where a fitness trail is proposed, along with lake
view benches.
The subdivision will provide a single, gated entrance point onto Grand Meadows Boulevard on
the north end of the project. The applicant has provided a 50-foot-wide ingress/egress tract in
the southeast corner for a future driveway connection between the commercial properties. City
staff supports this vehicular connection, given the development potential of adjacent commercial
properties and given that the parallel driveway will relieve some of the traffic on Wickham Road.
The Planning and Zoning Board voted unanimously to recommend approval of this request at its
November 6, 2014 meeting.
FISCAL IMPACT (IF APPLICABLE)
N/A
REQUESTED ACTION
Recommend approval of SD-2013-05 based on the findings and conditions contained within the
Planning and Zoning Board memorandum.
Page 159
Item No. 24
MEMORANDUM
Community Development
Department
TO:
Michael A. McNees, City Manager
THRU:
Cindy Dittmer, AICP, Community Development Director
FROM:
Cheryl A. Dean, AICP, Planning Manager
RE:
Preliminary Plat Approval Request (SD-2013-05) Crossings at
Baymeadows Lakes, Phase 2
DATE:
November 13, 2014
Owner/Applicant/Representative
Baymeadows Lakes Development, LLC, Owner/Applicant;
Construction Engineering Group, Representative
Jake
Wise,
P.E.,
Proposed Action
The applicant is requesting Preliminary Plat approval for a 33-lot subdivision on 8.13±
acres, zoned R-1B (Single-Family Low Density Residential District).
Location
The property is located on the southwest corner of North Wickham Road and Grand
Meadows Boulevard, in Township 27 south, Range 36 east, Section 01.
History
2005: 16.84± acre property annexed into the City (AR-2004-165/Ordinance No. 200545; CPA-2004-26/Ordinance No. 2005-46; Z-2004-1010/Ordinance No. 200547), with R-2 (7) (One-, Two-, and Multiple-Family Dwelling Medium Density
Residential District with a cap of 7 units per acre) on western 11.31± acres and
C-1 on the eastern 5.53± acres.
2006: Council approves a site plan for a 78-unit townhome-style condominium project
on the western 11.31± acres zoned R-2 (7) (Crossings at Baymeadows/SP2005-15a).
2008: Western 6-foot-tall masonry wall and shared stormwater pond constructed on
the property in conjunction with the development of Starbucks and first multitenant building on adjacent 5.53± acre commercial property (SP-2005-15b).
2014: (January) City Council approves preliminary master plat for the entire 16.84±
acre property (SD-2013-02PP).
Page 160
Item No. 24
2014:
2014:
(May) City Council amends the future land use and zoning for the 11.31± acre
residential portion from Medium Density Residential Future Land Use and R-2
(7) zoning to Low Density Residential Future Land Use and R-1B zoning (CPA2013-06/Ordinance No. 2014-25; Z-2013-198/Ordinance No. 2014-26).
(September) City Council approves the Final Master Plat for the entire 16.84±
acres (SD-2013-02FP
Adjacent Property Future Land Use and Zoning
To the East: Tracts B & C of Baymeadows Lakes Master Plat; Carpet store
(Brevard County); Commercial Veterinary Office
Zoning: R-1B & C-1 (Neighborhood Commercial); BU-1 (Brevard County); CC-2 (General Commercial)
Land Use: Community Commercial (Brevard County); General Commercial
To the West: Parkway Meadows Subdivision, Phase 2 (PB39, PG7-10)
Zoning: R-1A (Single-Family Residential Low Density District)
Land Use: Low Density Residential
To the North: Baymeadows of Melbourne Subdivision (PB42, PG32)
Zoning: R-1B
Land Use: Low Density Residential
To the South: Vacant commercial land
Zoning: C-P (Commercial Parkway)
Land Use: Mixed Use
Analysis of the Preliminary Plat
This property is the western portion of a previously approved mixed use site plan
project. This land had been partially developed and previously cleared for the 2005
project, including a stormwater pond and a 6-foot-tall masonry wall along the western
property line.
The overall density for the 33 lot development will be 4.1± units per acre, which is below
the maximum allowed 6 units per acre. The average lot size is 6,000± square feet,
minimum lot width is 50 feet, and the provided lot depth is 120 feet (code requires half
of the lots to have a minimum of 50 x 100 or 5,000 square feet and the other half to
have a minimum of 65 x 100 or 6,500 square feet). The applicant is providing 0.85±
acres of usable open space, where a fitness trail is proposed, along with lake view
benches.
There are eight (8) tracts proposed:
TRACT
USE
A
B
C
D
Private Road Right-of-Way
Drainage/Stormwater/Utility/Landscape Amenities/Signage
Drainage/Stormwater/Utility/Usable Open Space/ Signage
Private Ingress-Egress/Stormwater/Utility/Usable Open Space
Page 161
Acres
1.40±
0.12±
0.19±
0.32±
Item No. 24
TRACT
E
F
G
H
USE
Drainage/Stormwater/Utility/Usable Open Space
Drainage/Stormwater/Utility/Usable Open Space
Landscape/Stormwater/Utility
Landscape/Stormwater/Utility
Acres
0.14±
0.40±
50 sq.ft.
97 sq.ft.
Open Space Requirements for R-1B Zoning: City Code, Appendix B, Article V, Section
2(D), Table 2A, Footnote 2, identifies that ten percent (10%) usable open space is
required for R-1B zoned subdivisions, which includes improved areas that are
accessible to all residents. For this project, a minimum of 0.81± acres of usable open
space is required. In the attached Baymeadows Lakes exhibit (EX-1), the applicant is
proposing a landscaped fitness trail, and lake view benches. The fitness trail identified
in adjacent master stormwater pond (Tract C of the Master Plat), will connect the fitness
trails but is not included in the usable open space calculation. The details of the
improvements and final design of the usable open space development tracts will be
reviewed and permitted during the construction plan review process and final plat.
Access to Wickham Road: The project will provide a single entrance point onto Grand
Meadows Boulevard (a 100-foot wide public road right-of-way) on the north end of the
project, which connects to Wickham Road (a 4-lane, divided, county-maintained, arterial
roadway). Tract A is proposed for Tabitha Court, which is a private, gated, road right-ofway serving the project.
Previous Driveway Connection to the south: In 2005, the Crossings at Baymeadows
site plan (for the entire 16.84± acres) provided a driveway stub-out for future connection
to the south. The property to the south was subsequently approved for development
(Parkway Commons Retail/SP-2007-17), linking a driveway to this stub-out and
providing vehicular access to a proposed traffic signal on Wickham Road, designed at
the entrance to the Senior Center at Wickham Park. This driveway created a vehicular
route parallel to Wickham Road, with the ability to turn left/north onto Wickham Road via
a future traffic signal.
Though both site plan projects are no longer active, City staff continues to support this
vehicular connection, especially given the development potential of these undeveloped
commercial properties and given that the parallel driveway will relieve some of the traffic
on Wickham Road. The issue is that the driveway stub-out is physically located on the
residential property. In an effort to foster the interconnectivity, the applicant has
provided this connection via Tract D at the southeast corner of the residential property
for the purpose of allowing a future driveway connection on the property. Accordingly,
staff has placed a condition that the necessary tract for this future driveway connection
between the commercial properties be solidified prior to the recordation of the
residential subdivision. Staff will work with adjacent commercial properties for the
actual construction of the driveway.
Other Site Development Requirements: Sidewalks are required to be provided on both
sides of a residential subdivision street (Appendix D, Chapter 8, Section 8.6(B)(7)a.).
Page 162
Item No. 24
The site will meet all requirements of Appendix D, Chapter 9, Article XV, for landscape
areas at the time of construction plan approval. The recently recorded stormwater
management system (Tract C of the Master Plat) serves this project, as well as the
adjacent 5.53± acre commercial property and will be required to meet City Code,
Chapter 27.
Environmental Impact Analysis
An environmental impact analysis was prepared by Atlantic Environmental Solutions, of
Melbourne, Florida, dated August 29, 2013. The following environmental information for
the site was provided:
General Site Information: The entire 11.31± acre property is composed entirely
of uplands, as well as surfaces waters. The project is located within the Atlantic
Coastal Edge Geological Community.
Soils: The property consists of Myakka Sand soils, which are nearly level,
poorly drained sandy soils that are typically found in areas between sand ridges
and sloughs/ponds.
Vegetative Cover: The subject property is considered to be primarily Open
Land (FLUCFCS Habitat Classification #190), with 2.8± acres of Reservoirs less
than 10 acres (FLUCFCS Habitat Classification #534). The site was cleared as
part of a previously approved development, filled, and is mowed on a regular
basis.
Wetlands, Flood Plain and Aquifer Recharge Information: There are no
wetlands on the property, which is located entirely within Flood Zone X. Created
in conjunction with a prior development project, there are two man-made ponds
totaling 2.8± acres of surface waters on the property. The property does not fall
within a potential aquifer recharge area, according to the report.
Wildlife Information: Due to the existing developed conditions of the property,
the report indicates that it is unlikely that any of the listed species are utilizing the
site.
As with all projects, applicable permits will be required prior to construction plan
approval, if necessary.
WATER AND SEWER CONCURRENCY
The City’s Ten-Year Water Supply Facilities Work Plan indicates that adequate potable
water and City sewer are available to serve the subject site. The combined water and
sewer impact fee per unit is $3,750.00 ($1,540/water and $2,210/sewer).
Capacity Reservation for Project: The following is a breakdown of the impact fees
for water and sewer service.
Page 163
Item No. 24
 Water: The water capacity reservation fee
which is 1% of the total water impact fee of
proposed 33 single-family detached homes.
 Sewer: The sewer capacity reservation fee
which is 1% of the total sewer impact fee of
proposed 33 single-family detached homes.
is estimated to be $508.20,
$50,820.00, based upon the
is estimated to be $729.30,
$72,930.00, based upon the
*The 1% capacity reservation for water and sewer is $1,237.50.
Mobility
The subject property is located within Mobility District E (North Wickham Road).
Mobility District E is a transportation concurrency exception area.
The applicant is proposing to add 33 single-family residential homes to the property.
Total new trip generation for this project is estimated to be approximately 316 trips per
day via access from Wickham Road (based upon ITE Land Use Code 210 – SingleFamily Detached Housing). For mobility purposes, the applicant will be required to
provide five (5) mobility improvements. The mobility improvements will need to be
completed in conjunction with the installation of the subdivision infrastructure and the
issuance of a certificate of completion for the project.
The applicant can also choose to make a payment in lieu of constructing the mobility
improvements. Based upon the proposed use of 33 single-family homes, the payment
in lieu of amount will be $3,047 per unit for a total of $100,551. A one percent deposit
of $1,005.51 is required within ninety (90) after preliminary plat approval. Final payment
of the remaining balance will be due at the time building permits are issued by the City.
The applicant can also choose to do a combination of providing mobility improvements
and making a payment in lieu of constructing the mobility improvements.
School Concurrency
The applicant has submitted a school concurrency application to the School Board.
This application will permit the School District staff to perform a school impact analysis
regarding the proposed change.
Joint Planning Agreement (JPA) Comments
The property is located within the Joint Planning Area (JPA). To date, the Brevard
County Planning and Development Department has not submitted any comments
regarding the proposal.
The Planning and Zoning Board voted unanimously to recommend approval of this
request at its November 6, 2014 meeting.
Recommendation
Based on the findings contained in the Planning and Zoning Board memorandum, for
the 8.13± acres, zoned R-1B, located on the south side of Grand Meadows Boulevard,
west of Wickham Road and south of the Pineda Causeway, in Township 27 south,
Page 164
Item No. 24
Range 36 east, Section 01, the Planning and Zoning Board and the Community
Development Department recommend:
APPROVAL OF SD-2013-05, Preliminary Plat for a 33-lot subdivision, consisting of a 2sheet plan prepared by AAL Land Surveyor’s of West Melbourne, Florida, Project
Number 29480; signed, sealed and dated October 21, 2014. In addition, the approval
consists of an Open Space site plan exhibit (EX-1) prepared by Construction
Engineering Group of Melbourne, Florida, Project Number 120285 with a signed and
sealed date of October 22, 2014, pursuant to the above-mentioned findings, as
specifically identified on the preliminary plat and including the following conditions:
a.
Changes to the Preliminary Plat will require reevaluation by the City Engineering
Department and Community Development Department.
Any substantial change to the plan as will require review and approval by City staff,
the Planning and Zoning Board, Local Planning Agency, and the City Council.
b.
Appropriate environmental permits must be obtained as part of the construction
plan review process.
c.
A maximum of two (2) building permits for single-family model homes may be
issued prior to the recordation of the final plat (consistent with Appendix D, Chapter
8, Section 8.5(d)(2)).
d.
Concurrency: As required by Chapter 10, Appendix D, and Chapter 32, Melbourne
City Code, to reserve capacity, the Owner/Developer shall be required to pay the
capacity reservation fee in the amount of $1,237.50 for water and sewer impact
fees. Payment must be received by the City of Melbourne within ninety (90) days
of the date of rendition of this Development Order by City Council/Planning and
Zoning Board approval. This Development Order shall not become effective until
payment of the capacity reservation fee has been made payable to and received
by the City of Melbourne.
e.
Mobility: As required by Appendix D, Chapters 3 and 10, to address mobility, the
Owner/Developer shall be required to make the 1% mobility fee deposit in the
amount of $1,005.51. The payment must be received by the City of Melbourne
within ninety (90) days of the Planning and Zoning Board approval. This
Development Order shall not become effective until payment of the capacity
reservation fee has been made payable to and received by the City of Melbourne.
f.
The applicant has voluntarily provided Tract D for the purpose of allowing a future
driveway connection on the property and will provide, via recording of the final plat,
the necessary tract/easement for a future driveway connection between the
commercial properties.
Page 165
Item No. 24
MEMORANDUM
TO:
Mayor and Council
FROM:
Edward Coruzzi, Vice-Chairman
Planning and Zoning Board
RE:
Preliminary Plat Approval Request for Substantial Change (SD-2013-05)
Crossings at Baymeadows Lakes, Phase 2
DATE:
September 4, 2014
APPLICANT:
City of Melbourne
Community Development
Department
Baymeadows Lakes Development, LLC
REPRESENTATIVE:
Jake Wise, P.E., Construction Engineering Group
The Planning and Zoning Board, at its regularly scheduled meeting of September 4, 2014,
reviewed the above referenced request for preliminary plat approval.
Following review and discussion, the Planning and Zoning Board voted unanimously to
recommend approval of the substantial change to SD-2013-05 for a 33-lot subdivision on 8.13±
acres, zoned R-1B (Single-Family Low Density Residential District) on the southwest corner of
North Wickham Road and Grand Meadows Boulevard, in Township 27 south, Range 36 east,
Section 01, consisting of a 2-sheet plan prepared by AAL Land Surveyors of West Melbourne,
Florida, Project Number 29480; signed, sealed and dated October 21, 2014. In addition, the
approval consists of an Open Space site plan exhibit (EX-1) prepared by Construction
Engineering Group of Melbourne, Florida, Project Number 120285 with a signed and sealed
date of October 22, 2014, pursuant to the following findings, as specifically identified on the
preliminary plat, and the following conditions, with the exclusion of Condition g. (the master plat
was recorded on November 3, 2014):
Findings for the Preliminary Plat
1.
The applicant’s request for preliminary plat approval is consistent with the goals,
objectives, and policies of the City’s Comprehensive Plan.
2.
The site is designated as Low Density Residential on the Future Land Use Map, which
permits the consideration of single-family residential uses. The maximum density
permitted in this future land use designation is 6 units per acre.
3.
The R-1B zoning permits single-family uses and is capped at a density of six (6) units per
acre. The proposed preliminary plat proposes 33 single-family lots and the density
proposed by the preliminary plat is approximately 4.1± units per acre.
4.
The proposed plat is compatible with adjacent uses in the area. Immediately to the north
and west of the subject property are single-family subdivisions (Parkway Meadows and
Baymeadows).
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Item No. 24
Crossings at Baymeadows Lakes, Phase 2
Preliminary Plat Substantial Change
November 6, 2014
Page 2 of 3
5.
The proposed amendment will minimally impact the environmental and natural areas in
compliance with all applicable standards and regulations.
6.
The proposal will not have an adverse impact on the public health, safety, welfare, or
aesthetics of the City.
7.
With the conditions proposed by staff, the proposal is compatible with surrounding
neighborhoods, land uses, and development patterns. The preliminary plat indicates that
the overall density for this development will be 4.1± units per acre.
8.
The proposal will support the public health, safety, welfare, economic order, and quality of life
of the community as it will allow for the establishment of a use that will not create excessive
noise, fumes, dirt, or dust, and will not damage area properties or be detrimental to the
environment.
9.
New subdivisions shall be encouraged to "stub-out" to adjoining undeveloped lands to
promote road connectivity, and to connect to existing roadways that are "stubbed-out" at their
boundaries.
10.
As required by Florida law, Development approved by this Development Order is contingent
upon adequate water and sewer capacity being reserved for the development. As required
by Chapter 32, Melbourne City Code, to reserve capacity, the Owner/Developer shall be
required to pay the capacity reservation fee for water and sewer impact fees. Payment must
be received by the City of Melbourne within ninety (90) business days of the date of rendition
of this Development Order by City Council/Planning and Zoning Board approval. This
Development Order shall not become effective until payment of the capacity reservation fee
has been made payable to and received by the City of Melbourne. The terms “Development”
and “Development Order” shall be defined as set forth in Section 163.3164, Florida Statutes.
“Rendition” means the date of filing of a signed written final Development Order in the records
of City Clerk or Planning and Zoning Board secretary, as applicable, following City
Council/Planning and Zoning Board final Development Order approval.
11.
The proposed project has been evaluated for consistency with the City’s mobility
standards. Transportation Element Objective 3.1 states that the City of Melbourne shall
support mobility within five mobility districts throughout the City with strategies that
address alternative modes of transportation by providing context-appropriate sidewalks,
bikeways, transit facilities, parking management and improvements that will contribute to
specific and identified mobility needs within the City.
Conditions
a.
Changes to the Preliminary Plat will require reevaluation by the City Engineering
Department and Community Development Department.
Any substantial change to the plan as will require review and approval by City staff, the
Planning and Zoning Board, Local Planning Agency, and the City Council.
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Page 167
Item No. 24
Crossings at Baymeadows Lakes, Phase 2
Preliminary Plat Substantial Change
November 6, 2014
Page 3 of 3
b.
Appropriate environmental permits must be obtained as part of the construction plan
review process.
c.
A maximum of two (2) building permits for single-family model homes may be issued prior
to the recordation of the final plat (consistent with Appendix D, Chapter 8, Section
8.5(d)(2)).
d.
Concurrency: As required by Chapter 10, Appendix D, and Chapter 32, Melbourne City
Code, to reserve capacity, the Owner/Developer shall be required to pay the capacity
reservation fee in the amount of $1,237.50 for water and sewer impact fees. Payment
must be received by the City of Melbourne within ninety (90) days of the date of rendition
of this Development Order by City Council/Planning and Zoning Board approval. This
Development Order shall not become effective until payment of the capacity reservation
fee has been made payable to and received by the City of Melbourne.
e.
Mobility: As required by Appendix D, Chapters 3 and 10, to address mobility, the
Owner/Developer shall be required to make the 1% mobility fee deposit in the amount of
$1,005.51. The payment must be received by the City of Melbourne within ninety (90)
days of the Planning and Zoning Board approval. This Development Order shall not
become effective until payment of the capacity reservation fee has been made payable to
and received by the City of Melbourne.
f.
The applicant has voluntarily provided Tract D for the purpose of allowing a future
driveway connection on the property and will provide, via recording of the final plat, the
necessary tract/easement for a future driveway connection between the commercial
properties.
g.
No construction plan approval may be granted until the Crossings at Baymeadows Lakes
Phase One (Master Plat) has been recorded in the public records of Brevard County,
Florida.
Respectively Submitted,
for
Edward Coruzzi, Vice-Chairman
Planning and Zoning Board
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Item No. 24
CAUTHEN
N CREEK
CREEK DR
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ND
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MP
CA
LIPSCOMB ST
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THE CROSSINGS AT BAYMEADOWS
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Tract C No
Longer Included
Location
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City Boundary
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Tract C Not Included
SD-2013-05_The_Crossings_at_Baymeadows_Lakes_Ph_2_Pre-Plat_SC
Page 169
Author: City of Melbourne GIS Team
Printed by: klee
Date Saved: 10/30/2014 2:59:07 PM
Document Path: G:\PZ\P&ZBOARD2014\Maps\SD-2013-05 The Crossings at Baymeadows Ph 2 Pre-Plat SC.mxd
Illustrative purposes only.
No warranties, expressed or implied, are provided for the property records and mapping data herein,
or for their use or interpretation by the User. The City of Melbourne assumes no liability
for any damages, losses, costs or expenses, including but not limited
to attorney's fees, arising from any User's use or misuse
of the property records or mapping data provided herein.
O
GIS
Item No. 24
LIPSCOMB ST
DAIRY RDAA
D
LV
R1B
SB
Low Density Residential
Public/Institutional
R1B
CAUTHEN
N CREEK
CREEK DR
CAUTHE
DR
Low Density Residential
Low Density Residential
Mixed-Use
ND
OU
GR
MP
CA
R1 B
Low Density Residential
C2
RE U
L
ELLA
AN D P
KE
RK
UR
BU
B
Conservation
SD-2013-05
THE CROSSINGS AT BAYMEADOWS
LAKES, PH. 2
BLVD
TITAN BLVD
TITAN
PRELIMINARY PLAT
CTT
ELL C
RE
STTR
ES
KE
K
BLLU
UE
EFFIIEELLD
B
D
DR
MINTON RD
PP A
BLLO
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DR
AB
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RTT N E
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Medium Density Residential
IDE
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RD
WICKHAM RD
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SARNO RD
CIR
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Low Density Residential
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Office/Professional
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Estate Residential
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PL
ND
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Low Density Residential
Low Density Residential
General Commercial
Low Density Residential
DR
PARKWAY DR
PARKWAY
Low Density Residential
Mixed-Use
General Commercial
Low Density Residential Low Density Residential
Legend
City Boundary
Park
SD-2013-05_The_Crossings_at_Baymeadows_Lakes_Ph_2_Pre-Plat_SC
Page 170
CK
A
YYGG
RR
Mixed-Use
WE
W
ES
STTE
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RN
NW
WA
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RD
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SE
HO R
Low Density Residential
LN
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BRENTWOOD
BRENTW
Conservation
BB
Recreation
SENIOR CENTER @ WICKHAM PARK
RD
WICKHAM RD
N WICKHAM
N
C1
CP
R2
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R1
CIIR
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WC
VIIE
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AK
KE
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R1A
Low Density Residential
W AY
WICKHAM PARK
R1A Conservation
Mixed-Use
Conservation
LLEE
SU
IIS
URR
EE
R1A
C1
Low Density Residential
Author: City of Melbourne GIS Team
Printed by: klee
Date Saved: 10/30/2014 3:26:20 PM
Document Path: G:\PZ\P&ZBOARD2014\Maps\SD-2013-05 The Crossings at Baymeadows Ph 2 Pre-Plat SC.mxd
Illustrative purposes only.
No warranties, expressed or implied, are provided for the property records and mapping data herein,
or for their use or interpretation by the User. The City of Melbourne assumes no liability
for any damages, losses, costs or expenses, including but not limited
to attorney's fees, arising from any User's use or misuse
of the property records or mapping data provided herein.
O
GIS
Item No. 24
Page 171
Item No. 24
Page 172
Item No. 24
Page 173
Item No. 24
Melbourne City Council
November 25, 2014
City Manager’s Agenda Report
Council will convene as the Melbourne Downtown Community Redevelopment Agency
for the following items:
DEPARTMENT:
COMMUNITY DEVELOPMENT
Reading No.
Public Hearing
Disclosure Required
Item No.
N/A
No
No
25
SUBJECT
Downtown Melbourne CRA façade improvement program grant application (2002 South Harbor
City Boulevard)
BACKGROUND/CONSIDERATION
This is a request for a façade improvement grant for exterior renovations to a building located at
2002 South Harbor City Boulevard. The applicant is Nomad Cafe, Inc., and they lease the
property for their restaurant business and have the owner’s authorization to make the proposed
grant improvements. This applicant used the program previously in 2012, and received
$3,880.60 in CRA funding for façade renovations. Although they previously used the program in
2012, the guidelines provide eligibility to apply for a successive grant, because they received
less than $10,001 of grant funding.
Exterior renovations include: trellis installation, carpentry/decorative trim, electrical/lighting,
painting, landscape, parking asphalt seal, and parking striping. The estimated cost for the
eligible exterior improvements is $24,500. The property owner is requesting $8,085 of façade
program grant funding for the improvements. Thereby, the grant is leveraging two dollars of
private capital investment for every CRA dollar invested into the project.
On November 6, 2014, the Melbourne Downtown CRA Advisory Committee voted to
recommend that City Council approve $8,085 in CRA funding to Nomad Cafe, Inc., for the
proposed façade improvements at 2002 South Harbor City Boulevard.
FISCAL IMPACT (IF APPLICABLE)
The Downtown Melbourne Façade Program project line item “18099” has the available funding
for this façade grant.
REQUESTED ACTION
Recommend approval of an $8,085 Downtown Melbourne façade improvement program grant
for 2002 South Harbor City Boulevard, and authorization for the City Manager to execute a grant
agreement with the applicant.
Page 174
Item No. 25
MEMORANDUM
Community Development
Department
TO:
Michael A. McNees, City Manager
THRU:
Cindy Dittmer, AICP, Community Development Director
FROM:
Doug Dombroski, Economic Development Manager
RE:
Downtown Melbourne CRA Façade Improvement Program
Application 2002 S. Harbor City Boulevard
DATE:
November 13, 2014
On October 2, 2014, a Downtown Melbourne CRA Façade Improvement Program
Application was received for exterior renovations to a restaurant located at 2002 South
Harbor City Boulevard. The applicant is Nomad Cafe, Inc., and they lease the property
for their restaurant business and have the owner’s authorization to make the proposed
grant improvements. This applicant has used the program previously in 2012, and
received $3,880.60 in CRA funding for façade renovations. Although they previously
used the program in 2012, the guidelines provide eligibility to apply for a successive
grant because they received less than $10,001 of grant funding.
The proposed exterior renovation is an extensive façade improvement. Exterior
renovations include: trellis installation, carpentry/decorative trim, electrical/lighting,
painting, landscape, parking asphalt seal, and parking striping. The estimated cost for
the eligible exterior improvements is $24,500. The applicant is requesting $8,085 in
façade program grant funding for the improvements. Therefore, private leverage of
capital investment is approximately $2.00 for every $1.00 in grant funding toward this
project.
Photographs of the existing building and details of the proposed improvements are
included in the package. The Architectural Review Board approved the proposed
exterior improvements on September 17, 2014. On September 16, 2014, the
Melbourne Main Street Design Committee also reviewed the application, and
recommended the CRA Advisory Committee make a recommendation to City Council to
commit funding to the project. Since this application falls within the Core Area of the
Downtown Melbourne CRA, the program allows the applicant to receive a 33% grant
reimbursement up to $20,000.
Page 175
Item No. 25
The façade grant program is provided to assist property owners or businesses with
exterior building improvements, which in turn, improves the appearance of the
commercial district. City Council, as the CRA, established new Façade improvement
program guidelines beginning on October 1, 2014, in order to ensure higher levels of
private capital investment for grants provided in the original Downtown Core Area of the
CRA. Therefore, projects within the central commercial area are now eligible to receive
a 33% grant reimbursement.
On November 6, 2014, the Downtown Melbourne CRA Advisory Committee voted to
recommend that City Council approve $8,085 in CRA funding to Nomad Cafe, Inc., for
the proposed façade improvements at 2002 South Harbor City Boulevard. The program
is a reimbursement grant; therefore, the applicant will not receive any funding until they
complete the exterior improvements within the application.
Recommendation
Recommend approval of an $8,085 Downtown Melbourne Façade Improvement
Program grant for 2002 South Harbor City Boulevard, and authorization for the City
Manager to execute a grant agreement with the applicant.
Page 176
Item No. 25
2002 S Harbor City Boulevard
Nomad Café
• Estimated Eligible
Improvements:
$24,500.00
• Maximum Match: 33%
for a total of $8,085.00
Page 177
Item No. 25
Page 178
Item No. 25
Page 179
Item No. 25
Melbourne City Council
November 25, 2014
DEPARTMENT:
COMMUNITY DEVELOPMENT
City Manager’s Agenda Report
Reading No.
Public Hearing
Disclosure Required
Item No.
N/A
No
No
26
SUBJECT
Downtown Melbourne CRA façade improvement program grant application (928-932 East New
Haven Avenue)
BACKGROUND/CONSIDERATION
This is a request for a façade improvement grant for exterior renovations to a building located at
928-932 East New Haven Avenue. The applicant is Towers Management Group, Inc. The
owners of Towers Management Group also own the building under a separate limited liability
company. The applicant currently occupies and will continue to occupy the entire building as
office space for their businesses.
Exterior renovations include: masonry stone installation, balcony installation, stucco repairs,
exterior carpentry, painting, awnings, windows, doors, glazing/storefront glass, and lighting. The
estimated cost for the eligible exterior improvements is $45,627; furthermore, the applicant is
investing an additional $13,100 of interior improvements that are not eligible under the Façade
Improvement Program. The property owner is requesting $15,056.91 of façade program grant
funding for the improvements. Thereby, the grant is leveraging $2.90 of private capital
investment for every CRA dollar invested into the project.
On November 6, 2014, the Melbourne Downtown CRA Advisory Committee voted to
recommend that City Council approve $15,056.91 in CRA funding to Towers Management
Group, Inc. for the proposed façade improvements at 928-932 East New Haven Avenue.
FISCAL IMPACT (IF APPLICABLE)
The Downtown Melbourne Façade Program project line item “18099” has the available funding
for this façade grant.
REQUESTED ACTION
Recommend approval of a $15,056.91 Downtown Melbourne Façade Improvement Program
grant for 928-932 East New Haven Avenue, and authorization for the City Manager to execute a
grant agreement with the applicant.
Council will reconvene for the remaining items.
Page 180
Item No. 26
MEMORANDUM
Community Development
Department
TO:
Michael A. McNees, City Manager
THRU:
Cindy Dittmer, AICP, Community Development Director
FROM:
Doug Dombroski, Economic Development Manager
RE:
Downtown Melbourne CRA, Façade Improvement Program
Application 928-932 East New Haven Avenue
DATE:
November 7, 2014
On October 1, 2014, a Downtown Melbourne CRA Façade Improvement Program
Application was received for exterior renovations for a professional office building
located at 928-932 East New Haven Avenue. The applicant is Towers Management
Group, Inc. The owners of Towers Management Group also own the building under a
separate limited liability company. The applicant currently occupies and will continue to
occupy the entire building as office space for their businesses.
The proposed exterior renovation is an extensive façade improvement. Exterior
renovations include the following: masonry stone installation, balcony installation,
stucco repairs, exterior carpentry, painting, awnings, windows, doors, glazing/storefront
glass, and lighting. The estimated cost for the eligible exterior improvements is $45,627.
The property owner is requesting $15,056.91 of façade program grant funding for the
improvements. The applicant is also investing another $13,100 on interior upgrades, not
eligible for the program. Therefore, private leverage of capital investment is
approximately $2.90 for every $1.00 in grant funding toward this project.
Photographs of the existing building and details of the proposed improvements are
included in the package. The Architectural Review Board approved the proposed
exterior improvements on September 17, 2014. On September 16, 2014, the
Melbourne Main Street Design Committee also reviewed the application, and
recommended the CRA Advisory Committee make a recommendation to City Council to
commit funding to the project. Since this application falls within the Core Area of the
Downtown Melbourne CRA, the program allows the applicant to receive a 33% grant
reimbursement up to $20,000.
The façade grant program is provided to assist property owners or businesses with
exterior building improvements, which in turn, improves the appearance of the
Page 181
Item No. 26
commercial district. City Council, as the CRA, established new Façade improvement
program guidelines beginning on October 1, 2014, in order to ensure higher levels of
private capital investment for grants provided in the original Downtown Core Area of the
CRA. Therefore, projects within the central commercial area are now eligible to receive
a 33% grant reimbursement.
On November 6, 2014, the Downtown Melbourne CRA Advisory Committee voted to
recommend that City Council approve $15,056.91 in CRA funding to Towers
Management Group, Inc., for the proposed façade improvements at 928-932 East New
Haven Avenue. The program is a reimbursement grant; therefore, the applicant will not
receive any funding until they complete the exterior improvements within the application.
Recommendation
Recommend approval of a $15,056.91 Downtown Melbourne Façade Improvement
Program grant for 928-932 East New Haven Avenue, and authorization for the City
Manager to execute a grant agreement with the applicant.
Page 182
Item No. 26
928 E New Haven Avenue
Towers Management Group
• Estimated Eligible Improvements: $45,627.00
• Maximum Match: 33% for a total of $15,056.91
Page 183
Item No. 26
928 E New Haven Avenue
Towers Management Group
Page 184
Item No. 26
Melbourne City Council
November 25, 2014
DEPARTMENT:
CITY MANAGER
City Manager’s Agenda Report
Reading No.
Public Hearing
Disclosure Required
Item No.
N/A
No
No
27
SUBJECT
Adoption of 2015 Legislative Priorities
BACKGROUND/CONSIDERATION
Annually, the City Council adopts a legislative program highlighting the priorities of the City of
Melbourne for the upcoming Regular Legislative Session. The priorities are shared with the
Brevard Legislative Delegation and used to provide guidance to the City’s lobbyist(s). The
attached priorities were developed with input from department directors as well as previously
approved Council priorities.
The Florida League of Cities adopted 2015 Legislative Priorities are also attached for review.
FISCAL IMPACT (IF APPLICABLE)
None
REQUESTED ACTION
Adopt 2015 Legislative Priorities and transmit to the Brevard Legislative Delegation.
Page 185
Item No. 27
MEMORANDUM To: Michael A. McNees, City Manager From: Shannon M. Lewis, Deputy City Manager Date: November 12, 2014 Re: 2015 Legislative Priorities and Representation The City of Melbourne actively participates in activities to promote and support legislation that enhances the priorities of the City and municipal home rule while opposing legislation with the potential to undermine the City’s objectives. To achieve its goals, the City annually adopts State legislative priorities that are advanced to the Brevard Delegation, applicable committees and appropriate members of the Legislature. A listing of legislative priorities for the City Council’s consideration is attached as Exhibit “A.” A copy of the Florida League of Cities adopted 2015 Legislative Priorities is also attached. The Legislature will convene an organization meeting on November 18, 2014 where committee assignments will be made. The Brevard Delegation Meeting will be held on December 18, 2014 from 1:00‐
5:00 p.m. at the County Commission Chambers. The 2015 Regular Session will begin on March 3, 2015 and conclude on May 1, 2015. It is not yet known if Community Issue Budget Requests (CBIRs) will be accepted this session. Page 186
Item No. 27
Exhibit “A”
2015 LEGISLATIVE PRIORITIES KEY CALENDAR DATES November 18, 2014 December 18, 2014 March 3, 2015 May 1, 2015 Organizational Session Brevard Delegation Meeting First Day of Regular Session Last Day of Regular Session PRIORITY ISSUES City Funding Requests/Grants  $922,000 for Horse Creek Dredging Project – Legislative Request  $200,000 for Riverview Park Improvements – FRDAP Grant  $ 50,000 for Wells Park Improvements – FRDAP Grant Water/Environmental Resources  Support legislation, projects or programs to adequately fund, manage, protect and restore the Indian River Lagoon and contributing waters.  Support funding to complete the Eau Gallie River Environmental is Threatened (EGRET) dredging and clean‐up project  Support legislation to adequately fund local government efforts to comply with the Total Maximum Daily Load regulations and targets contained in the Florida Department of Environmental Protection (FDEP) Basin Management Action Plan. Unfunded Mandates  Support legislation that reduces or eliminates unfunded mandates previously imposed on local governments by the State of Florida, including but not limited to: o Amending the Chapter 112.0801, F.S. requirement of health insurance at preferred active employee group rates for all retirees to the same time period (18 months) as federally mandated COBRA levels for government retirees who participate in their former state and local government’s group insurance programs. Such a rollback will reduce local governments’’ Other Post Employment Benefits (OPEB) liability and commensurate funding obligations. o Amending police and fire disability presumptions to exclude smokers, as well as those with substandard health conditions/standards, such as high cholesterol and obesity. o Amending pension plan language to provide local governments with greater flexibility to set and fund local employee benefit levels and greater flexibility in the utilization of insurance premium taxes. Page 187
Item No. 27
Exhibit “A”
Finance/Taxation  Oppose legislation that would diminish local government Communications Services Tax revenue. In 2014, Melbourne received approximately $4,450,000 from Communications Services Taxes, representing 6% of the general fund revenues.  Oppose legislation that eliminates or further reduces the revenues generated by the local business tax or that constrains the use of this revenue to more limited purposes. Any legislation that attempts to reform or modernize the local business tax should be revenue neutral to local governments. Transportation/Infrastructure  Support legislation that preserves local control of transportation planning and provides greater funding opportunities for municipal transportation infrastructure projects.  Support continued State funding of programs designed to defray any added costs to meet quiet zone standards for railroad crossings requiring treatment beyond what All Aboard Florida will fund. Other  Support legislation that would allow municipalities to regulate “free alcohol” and “all you can drink” alcoholic beverage activities and/or events.  Support legislation that would establish minimum regulatory standards and greater local government regulations for properties being used as “sober houses.”  Support the Florida League of Cities’ initiatives as identified in their annual Legislative Policy Statement. Page 188
Item No. 27
Page 189
Item No. 27
Page 190
Item No. 27
Melbourne City Council
November 25, 2014
DEPARTMENT:
CITY ATTORNEY
City Manager’s Agenda Report
Reading No.
Public Hearing
Disclosure Required
Item No.
N/A
No
No
28
SUBJECT
Railway Speed at Downtown Crossings
BACKGROUND/CONSIDERATION
On November 11, 2014, City Council requested the City Attorney’s Office to research options in
regulating the speed of trains travelling through the City of Melbourne. In particular, City
Council expressed concern for pedestrian safety at three crossings located in the downtown
area (New Haven, Strawbridge and Palmetto Avenues) in light of the proposed All Aboard
Florida rail project. Attached is a memo submitted in response to the City Council request.
FISCAL IMPACT (IF APPLICABLE)
No fiscal impact.
REQUESTED ACTION
Determine whether City staff should provide a formal comment to the Draft Environmental
Impact Statement related to the All Aboard Florida rail project, stating the inadequacy of the
report’s identification and analysis of impacts to the three downtown crossings and requesting
the Federal Railroad Administration to require a supplement to the impact statement in order to
address such concerns. Such comment is due to the Federal Railroad Administration by
December 3, 2014.
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Melbourne City Council
November 25, 2014
DEPARTMENT:
CITY CLERK
City Manager’s Agenda Report
Reading No.
Public Hearing
Disclosure Required
Item No.
N/A
No
No
29a
SUBJECT
Citizens’ Advisory Board – Appointment of one alternate member
BACKGROUND/CONSIDERATION
The board currently has one alternate member vacancy due to the resignation of Sandra
Pelham. Council appointed Ms. Pelham to the second alternate position at its October 28
meeting. Ms. Pelham declined the appointment and resigned due to personal reasons.
The Code does not require members to have a specific background to serve on this board;
however, members must be residents of the City. Applicants are required to complete a
supplemental application form, which enables Council to ensure that persons of low to moderate
income are adequately represented on the board. Currently, there is a mix of between low and
moderate income (three members) and above moderate income (four members) on the board.
The supplemental application form indicates the income table/income level.
Applications are attached from:
Alva, Anayansi
Descovich, Tina
Minus, Yvonne
FISCAL IMPACT (IF APPLICABLE)
REQUESTED ACTION
Recommend Council appoint one of the applicants as second alternate.
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Melbourne City Council
DEPARTMENT:
CITY CLERK
November 25, 2014
City Manager’s Agenda Report
Reading No.
Public Hearing
Disclosure Required
Item No.
N/A
No
No
29b
SUBJECT
Melbourne Housing Authority – Appointment of one regular member
BACKGROUND/CONSIDERATION
The four-year term of Belinda Stewart (regular member) will expire on December 8. Ms. Stewart
would like to be considered for reappointment.
Section 421.05, Florida Statutes, provides for Housing Authority appointments to be made by
the Mayor with approval by the City Council. The Mayor has reappointed Belinda Stewart
(application attached) to serve a four-year term from December 9, 2014 through December 8,
2018.
FISCAL IMPACT (IF APPLICABLE)
REQUESTED ACTION
Recommend Council approve the Mayor’s reappointment of Belinda Stewart.
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Item No. 29b
Melbourne City Council
November 25, 2014
DEPARTMENT:
CITY CLERK
City Manager’s Agenda Report
Reading No.
Public Hearing
Disclosure Required
Item No.
N/A
No
No
29c
SUBJECT
Library Board – Appointment of three members
BACKGROUND/CONSIDERATION
The five-year terms of Nancy Dillen and Thomas Urquhart will expire on December 2. Both
members would like to be considered for reappointment. Additionally, the board currently has
one regular member vacancy due to a resignation.
Members of this board must be a resident of the City of Melbourne and a registered voter.
Applications are attached from:
Dillen, Nancy (current member)
Price, Ellen
Urquhart, Thomas (current member)
FISCAL IMPACT (IF APPLICABLE)
REQUESTED ACTION
Recommend Council reappoint Nancy Dillen and Thomas Urquhart as regular members and
appoint Ellen Price as a regular member.
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Item No. 29c
Melbourne City Council
November 25, 2014
DEPARTMENT:
CITY CLERK
City Manager’s Agenda Report
Reading No.
Public Hearing
Disclosure Required
Item No.
N/A
No
No
29d
SUBJECT
Planning & Zoning Board – Appointment of two regular members
BACKGROUND/CONSIDERATION
The City Council needs to appoint two regular members to this board. The three-year terms of
Alan King and Edward Coruzzi will expire on December 2. Both members would like to be
considered for reappointment.
Applicants for this board must be City of Melbourne residents and registered to vote.
Applications are attached from:
Alva, Anayansi
Coruzzi, Edward (current member)
King, Alan (current member)
FISCAL IMPACT (IF APPLICABLE)
REQUESTED ACTION
Recommend Council reappoint Alan King and Edward Coruzzi as regular members. If Council
does not wish to reappoint one of the regular members, second alternate Erin Trauger should
be considered. First alternate Kathy Chambers would like to remain first alternate.
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Item No. 29d
Melbourne City Council
DEPARTMENT:
CITY CLERK
November 25, 2014
City Manager’s Agenda Report
Reading No.
Public Hearing
Disclosure Required
Item No.
N/A
No
No
29e
SUBJECT
Appointment of three regular members to the Zoning Board of Adjustment
BACKGROUND/CONSIDERATION
The three-year terms of Haig John, Peter Kostrzewa and Edward Kasold, Jr. will end on
December 2. All three members would like to be considered for reappointment.
Applicants for this board must be City of Melbourne residents and registered to vote.
Applications are attached from:
Alva, Anayansi
James, Nicole
John, Haig (regular member)
Kasold, Edward, Jr. (regular member)
Kostrzewa, Peter (regular member)
FISCAL IMPACT (IF APPLICABLE)
REQUESTED ACTION
Recommend Council reappoint Haig John, Peter Kostrzewa, and Edward Kasold, Jr. If Council
does not wish to reappoint one of the regular members, the first and second alternate members
should be considered (Ravindra Shah and Tommy Sokola).
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