CITY OF MELBOURNE, FLORIDA MINUTES REGULAR MEETING BEFORE CITY COUNCIL DECEMBER 12, 2017

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1 A regular meeting of the City Council was held in the City Council Chamber, 900 East Strawbridge Avenue, and was called to order at 6:30 p.m. by Mayor Kathy Meehan. 1. The invocation was given by City Attorney Alison Dawley. 2. Pledge of Allegiance. 3. Roll Call Present: Kathy Meehan Mayor Tim Thomas Council Member, District 1 Betty Moore Council Member, District 2 Yvonne Minus Vice Mayor, District 3 Debbie Thomas Council Member, District 4 Paul Alfrey Council Member, District 5 Teresa Lopez Council Member, District 6 Michael A. McNees City Manager Shannon Lewis Deputy City Manager Alison Dawley City Attorney Kevin McKeown Assistant City Clerk Cindy Dittmer Community Development Director 4. Proclamations and Presentations Mayor Meehan presented Dennis Meehan with a plaque and gift card recognizing his 40+ years of service on the Beautification and Environmental Advisory Committee. Mayor Meehan recognized Boy Scout Troop 373 in the audience. 5. Approval of Minutes November 28, 2017 Regular Meeting Moved by Lopez/Moore for approval. Council Member Paul Alfrey stated his intention to approve the minutes and make comments on the content of the minutes at the end of the meeting. Council Member Teresa Lopez requested that Item 19 be addressed before Item 18 on the agenda. Without objection, Council agreed. The question was called. 6. City Manager's Report 7. Public Comments Page 1 of 13

2 Stephany Eley, West Melbourne, stated that at the last Council meeting, a number of false statements were made regarding Honor America. She commented on the following: an alleged embezzlement of $8,500 and additional roofing fraud took place under Council Member Betty Moore s leadership in 2015; attorney Kendall Moore is not representing Honor America; and the rescission of Honor America s not-for-profit status was due to a lack of effort from Ms. Moore to reconcile financial statements from 2015 and Eric V. Ellebracht, 1948 Tyler Avenue, discussed the president s decision to recognize Jerusalem as the capital of Israel; the treatment of animals; and the sale of a refurbished SWAT van. UNFINISHED BUSINESS 8. ORDINANCE NO (A&V NO. 379) HIGHLINE APARTMENTS LLC: (Second Reading/Public Hearing) An ordinance vacating a temporary parking easement created as a condition of Ordinance No (A&V #359), located south of the intersection of New Haven Avenue and Livingston Street and west of Grant Place (635 E. New Haven Avenue). (First Reading 11/28/17) Attorney Dawley read Ordinance No by its title. There were no disclosures by Council and no comments during the public hearing. Moved by Minus/Moore for approval of Ordinance No The roll call vote was: 9. ORDINANCE NO (AR ), ORDINANCE NO (CPA , ORDINANCE NO (Z ) REBA FLOYD & SAMUEL HARBAUGH PROPERTIES: Ordinances providing for annexation, a Comprehensive Plan amendment and zoning designation, for 3.08± acres of property located on the southwest corner of Lake in the Woods Drive and North Lakeside Drive. (Owner/Applicant/Representative Reba Floyd, Samuel Harbaugh/Jeff Floyd, Samuel Harbaugh) a. Ordinance No /AR : (Second Reading/Public Hearing) An ordinance providing for the annexation of 3.08± acres of real property into the City of Melbourne corporate limits. (First Reading 11/28/17) b. Ordinance No /CPA : (Second Reading/Public Hearing) An ordinance establishing a Low Density Residential Future Land Use. (First Reading 11/28/17) c. Ordinance No /Z : (Second Reading/Public Hearing) An ordinance establishing REU (Rural Estate Use) zoning. (First Reading 11/28/17) Page 2 of 13

3 The City Attorney read each ordinance by its title. There were no disclosures by Council and no comments during the public hearing. Moved by D. Thomas/Alfrey for approval of Ordinance No , based on the findings contained in the Planning and Zoning Board memorandum. The roll call vote was: Moved by D. Thomas/Minus for approval of Ordinance No , based on the findings contained in the Planning and Zoning Board memorandum. The roll call vote was: Moved by D. Thomas/Alfrey for approval of Ordinance No , based on the findings contained in the Planning and Zoning Board memorandum. The roll call vote was: 10. ORDINANCE NO (AR ), ORDINANCE NO (CPA , ORDINANCE NO (Z ) BRYAN AMOS: Ordinances providing for annexation, a Comprehensive Plan amendment and zoning designation, for 0.26± acres of property located on the west side of Easy Street, north of Trimble Road and south of Aurora Road. (Owner/Applicant/Representative Bryan Amos) a. Ordinance No /AR : (Second Reading/Public Hearing) An ordinance providing for the annexation of 0.26± acres of real property into the City of Melbourne corporate limits. (First Reading 11/28/17) b. Ordinance No /CPA : (First Reading/Public Hearing) An ordinance establishing a Low Density Residential Future Land Use. (First Reading 11/28/17) c. Ordinance No /Z : (First Reading/Public Hearing) An ordinance establishing R-1A (Single-Family Low Density Residential District) zoning. (First Reading 11/28/17) Page 3 of 13

4 Attorney Dawley read each ordinance by its title. There were no disclosures by Council. The Mayor opened the public hearing. There were no comments. Moved by Lopez/T. Thomas for approval of Ordinance No , based on the findings contained in the Planning and Zoning Board memorandum. The roll call vote was: Moved by Lopez/D. Thomas for approval of Ordinance No , based on the findings contained in the Planning and Zoning Board memorandum. The roll call vote was: Moved by Minus/Moore for approval of Ordinance No , based on the findings contained in the Planning and Zoning Board memorandum. The roll call vote was: 11. ORDINANCE NO (CU /SP SC) PARAMOUNT CONDOMINIUMS (FORMERLY MERIDIAN RIVERFRONT CONDOMINIUMS): (Second Reading/Public Hearing) An ordinance granting a conditional use to allow a building height of 100 feet (an additional 52 feet of height), along with a substantial change to a previously approved site plan on a 2.90±-acre property zoned C-R-3 (Multiple-Family Dwelling High Density District), located on the east side of South Harbor City Boulevard, south of Bon Air Avenue and north of Hibiscus Boulevard. (Owner/Applicant: Meridian Riverfront Development, LLC) (Representative: Clayton A. Bennett, P.E., Bennett Engineering & Consulting, LLC). (First Reading 11/28/17) The City Attorney read Ordinance No by its title. There were no disclosures by Council and no comments during the public hearing. Moved by Minus/T. Thomas for approval of Ordinance No with SP SC, based upon the findings and conditions contained in the Planning and Zoning Board memorandum. The roll call vote was: Page 4 of 13

5 12. ORDINANCE NO , BABCOCK STREET CRA REDEVELOPMENT PLAN AMENDMENT: (Second Reading/Public Hearing) An ordinance amending City Code, Chapter 20, Article V, Section , Duration of Agency and Section , Community Redevelopment Plan Approved, for an amendment to the Babcock Street CRA Redevelopment Plan extending the termination date of the agency and adopting new project priorities. (First Reading 11/28/17). Attorney Dawley read Ordinance No by its title. The Mayor opened the public hearing. There were no comments. Moved by D. Thomas/Alfrey for approval of Ordinance No The roll call vote was: 13. CONSENT AGENDA: NEW BUSINESS a. Purchase of one 2019 International Workstar Dump Truck for the Water Production Division, Maudlin International, Orlando, FL - $138,230. b. Purchase of one 2018 Ford F550 regular cab utility body with dual rear wheels and one 2018 Ford F550 regular cab with 16 ft. dump bed for the Streets Management Division, Alan Jay Fleet Sales, Sebring, FL - $122,949. c. Blanket purchase of bulk gasoline and diesel fuel, Glover Oil Company, Inc.; Melbourne, FL total estimated cost $903,000. d. Resolution No. 3696: A resolution setting the capacity reservation fee percentage at 1% (minimum $100) for the time period of January 1 to December 31, e. Resolution No. 3697: A resolution setting the mobility improvement deposit rate percentage at 1% (minimum $100) for the time period of January 1 to December 31, Moved by Moore/T. Thomas for approval of the consent agenda, Items a through e. 14. ITEMS REMOVED FROM THE CONSENT AGENDA 15. COUNCIL ACTION RE: Purchase of 169 tasers and related cartridges and accessories for the Police Department, Axon Enterprise, Scottsdale, AZ total cost $304, Page 5 of 13

6 Police Chief David Gillespie reviewed the agenda report and read the recommendation. Ms. Lopez asked what would be done with the replaced tasers. Chief Gillespie replied that they would be sold back to Taser at $100 per unit. Eric V. Ellebracht, 1948 Tyler Avenue, asked how many tasers have malfunctioned in the line of duty, if the city shopped around for the best price, and whether or not the city needed the top of the line model. Chief Gillespie responded that he was not aware of any malfunctioning tasers in the line of duty. Mr. Alfrey stated that the top of the line units are necessary and commented on the product support that comes with purchasing tasers. Mr. Alfrey said that tasers are fundamental in law enforcement and have changed the game for police officers. Moved by Moore/Alfrey for approval of the purchase of 169 tasers and related cartridges and accessories for the Police Department, Axon Enterprise, Scottsdale, AZ total cost $304, Council convened as the Olde Eau Gallie Riverfront Community Redevelopment Agency for the following item: 16. COUNCIL ACTION RE: Approval of a Grant Funding Agreement between the Olde Eau Gallie Riverfront Community Redevelopment Agency and the Eau Gallie Arts District (EGAD) Main Street for the Eau Gallie Main Street Program in the amount of $55,000. Community Development Director Cindy Dittmer reported that the agreement provides that the money will be used within three specific categories: general operating and administration ($44,000); CRA district seasonal lighting project ($2,500); and program activities consistent with the CRA plan ($8,500). Staff has reviewed EGAD s financial reports and can state that its special events and festivals are financially self-sufficient. At its regular meeting on November 9, the Eau Gallie CRA Advisory Committee unanimously recommended the continuation of funding and approval of the FY grant agreement. Council Member Tim Thomas asked what the $44,000 in the general operating and administration category entails. Ms. Dittmer recommended that the applicant address that question. Lisa Packard, Executive Director, EGAD, answered that the $44,000 accounts for her salary and related taxes. Mr. Thomas stated that every dollar spent by the CRA should go towards eliminating blight. Spending money on an individual s salary doesn t count in his opinion. He asked Page 6 of 13

7 for clarification on the $8,500 in the program activities consistent with the CRA plan category and requested details on what that category entails. Ms. Packard replied that category includes any activities that come out of EGAD committees, promotional work, and general operating costs such as keeping the lights on in the EGAD office. Mr. Thomas said that he does not see blight in the Eau Gallie area. Ms. Packard replied that it was evident in She discussed the formation of the CRA and the process of designating Eau Gallie as an official Main Street program. Mr. Thomas asked if all of the projects in the CRA plan have been completed. Ms. Dittmer replied no. Mr. Thomas said that this money is coming out of the CRA to pay for EGAD s operating expenses when it could be spent on CRA projects that have not yet been completed. Ms. Packard stated that without the Main Street program, the Eau Gallie area would still look like it did in Mr. Thomas asked Council to consider that 90% of this grant is going to an individual s salary. He asked if that is a good use of taxpayer money. Ms. Dittmer returned to the specifics listed in the agreement. Regarding the $44,000, she stated that money is intended to implement the activities outlined in Section 2 of the agreement. Those activities are carried out by the executive director of EGAD to encourage and assist in the redevelopment of the area. A necessary part of redevelopment is having an individual actively seeking out business, encouraging new businesses to open in the area, and assisting them through city processes. The $8,500 is intended to assist in implementing city programs that are currently in effect, such as reviewing facade improvement grants or administering the business way finding program. Mr. Thomas asked Council to agree to seek an opinion from the Florida Attorney General on whether or not the expenditures listed in the grant are legal. Ms. Packard discussed the impact that the grant has on the Eau Gallie area, EGAD s fundraising efforts, and the importance of the Main Street program. Mayor Meehan asked if the $44,000 includes rent for the office. Ms. Packard replied no. She distributed a spreadsheet showing EGAD s funding over the last three years. Mr. Alfrey stated that he contacted Ms. Packard prior to the meeting and grilled her with questions to ensure that the city is in compliance with state law. He commented that he has vetted EGAD and is confident that the organization does a great job. Council has to consider its return on investment. If Ms. Packard can help EGAD continue with its efforts, maybe the stigma of CRAs will wear off. Mr. Alfrey expressed support for approving this grant agreement. Council Member Betty Moore stated that the city has come a long way since she was on the original committee when EGAD was formed. Page 7 of 13

8 Mr. Thomas said that every year, the city goes through the budget process and says there are no new revenue streams available. He stated that he is pro-business, but that he doesn t see a return on investment here. City Manager Mike McNees commented that as the city revitalizes its downtown areas, it not only increases property values in those areas, which feeds back into the CRA, but the city as a whole sees increased property values because those viable downtowns exist. Healthy downtown areas create a city where people want to live and where businesses want to relocate. In Melbourne, that has been seen. Council has to ask where the city would be if Downtown Melbourne and Downtown Eau Gallie were what they were 20 years ago. Mr. McNees said that he d argue that the city would be much further behind than it is today. Ms. Lopez stated that based on her understanding, the grant funding agreement does not specifically prohibit spending money on festivals. Ms. Packard replied that EGAD can t stay open on the $55,000 grant from the city EGAD must fundraise through multiple grants and sponsorships. It is impossible for the city s grant funding to go towards anything that Council disagrees with (like festivals). Ms. Moore requested that Ms. Dittmer share some information on projects that have been completed by the CRA. Ms. Dittmer discussed: the purchase of the Eau Gallie square property, pier improvements, streetscaping, and parking improvements. Ms. Dittmer recalled the economic down turn in 2007 and how the CRA s revenues dropped significantly. This year, the CRA is barely getting back to the levels of funding that were available prior to Council Member Debbie Thomas expressed her support for this grant. The city is only now starting to see the results of the CRA and it can t go back on the progress now. Mr. Alfrey said that EGAD is a model for how CRAs should operate. Mr. Thomas repeated his request for Council to consider seeking an opinion from the Attorney General. Mayor Meehan stated that the city doesn t need an opinion. The CRA gets audited and the results are reported publicly. Mr. Alfrey said that he has no problem with asking the state if there is an issue here. Ms. Moore asked the City Attorney to confirm that the CRA is constantly monitored for conforming to state laws. Attorney Dawley replied that this issue has focused on spending CRA money on festivals and that her opinion on the issue is different from the opinion of the attorney for the Brevard County Commission. A request for an opinion of the Attorney General can be submitted based on the fact pattern at hand; however, if the request is granted, it could be months before an opinion is issued. Moved by T. Thomas/Alfrey to (request that the Attorney General s office issue an opinion regarding the CRA s ability to award grant money in the amount of $55,000 to the Eau Gallie Arts District). Page 8 of 13

9 There being additional request to speak forms submitted, Mayor Meehan called the remaining speakers. Steven Mitchell, 1248 Highland Avenue, stated that no money is spent in the outlying areas of the CRA beyond the main street area monitored by EGAD. He stated that a review of the CRA is needed. Brian Stephens, Viera, Vice President of EGAD, stated that EGAD operates independently and is not entitled to these grant funds. However, when they have been received in the past, EGAD has made every effort to be good stewards of what s provided. EGAD is focused on more than just the main street area of Eau Gallie; however, the vitality of the downtown area has had a positive effect on surrounding properties. Mr. Stephens said that EGAD would not be able to function without its executive director and asked Council to allow EGAD to keep its doors open with these funds. Eric V. Ellebracht, 1948 Tyler Avenue, said that the speaker who lives in Eau Gallie is against the CRA and the speakers who don t live in Eau Gallie are here asking for money. He stated that the blight in the CRA wouldn t have happened if Eau Gallie and Melbourne had never merged. Eau Gallie used to have a vigorous bar and a popular coffee house and had the potential to boom. The businesses are all art related and beyond 8:00 p.m., everything is closed. Ms. Lopez asked if Council could do both. She recommended Council approve the current agreement as well as seek an opinion from the Attorney General for future reference. Mr. Alfrey agreed. Attorney Dawley clarified that the motion is for the Attorney General to issue an opinion based on the fact pattern at hand and if the distribution of funds listed in the grant agreement is a valid use of CRA money. Mr. Thomas asked what would happen if Council approves the grant and the Attorney General issues an opinion that says that the use of the funds in the agreement is not valid. Mr. Alfrey said that the city could give out the money in monthly payments. If there is an issue, Council can address it at that time. Ms. Moore said that Council has already granted Downtown Melbourne s CRA funding to Melbourne Main Street. She recommended Council proceed with approving this agreement. Attorney Dawley clarified that it does not matter what year Council asks the Attorney General to consider. If an opinion is issued contrary to the action that Council has taken, that money would have to be reimbursed from the General Fund. The question was called. The roll call vote was: Page 9 of 13

10 Aye: Alfrey, Lopez and T. Thomas Nay: D. Thomas, Moore, Minus and Meehan Motion failed. Moved by Moore/Minus for approval of the Grant Funding Agreement between the Olde Eau Gallie Riverfront CRA and Eau Gallie Arts District Main Street, Inc. Mr. Alfrey said that now that Council has decided not to seek an opinion from the Attorney General, he has a problem approving the agreement since it appears Council doesn t care what the state s opinion is on this matter. Council is very short-sighted not to realize that there is disagreement on whether our CRAs are in compliance with state law. Vice Mayor Yvonne Minus stated that the City Attorney has given Council her opinion on this matter and that she trusts her opinion. Ms. Lopez said that she supports funding the agreement since that EGAD has done a remarkable job. Mr. McNees said that as far as he knows, only one County Commissioner has alleged that spending CRA money on festivals and parades is inconsistent with state law. Neither of the main street agreements allows for or budgets for any money to be spent on festivals or parades. The risk that the city is doing something completely improper is fairly low. The CRA will continue to be audited every year and it is extremely important to the city that the use of CRA funds be consistent with state law. That being said, it s not a fair characterization to say that there is an abundance of criticism with regard to how the CRA is spending its money. Mr. Thomas said that he is shocked and disappointed that his motion wasn t approved. Mr. Alfrey repeated that he has vetted this and thinks that EGAD does a great job; however, there are outside forces at play here. He stated that the attorney for the Brevard County Commission thinks that our City Attorney s opinion is wrong. Mr. Alfrey said he would take Attorney Dawley s opinion any day; however, she is not the Attorney General. Mr. Alfrey said that he doesn t think there is an issue, but if there is, how can we fix it if we don t ask for the Attorney General s opinion. The question was called. Motion carried. Council Members T. Thomas and Alfrey voted nay. Council reconvened for the remaining items. 17. COUNCIL DISCUSSION RE: Regulation of sober homes. Attorney Dawley stated that although sober homes are not defined in law, the term is typically used to describe a living facility used by people recovering from substance Page 10 of 13

11 abuse or alcohol addiction that serves as an interim environment between rehabilitation and mainstream society. Federal law, including the Fair Housing Act, prohibits discrimination based on a variety of protected classifications, including disability, which can include recovering alcoholics and recovering substance abuse users. The city cannot have a set of laws that treats that group of people differently from anyone else. In that same spirit, the city s Zoning Code doesn t define what makes up a family, how many unrelated people may live together as a family, or how many cars a family may own. Therefore, individuals living in these sobers homes may not be treated differently. Ms. Dawley further clarified that disability-related discrimination under the Fair Housing Act is unlawful if the regulation: is based on intentional discrimination (the regulation treats a person differently because of the disability); has a discriminatory effect on the individual; or if the individual is not provided a reasonable accommodation. If an individual in a wheelchair needs access to their home but construction of a wheelchair ramp would encroach within the required setback, federal law would require the city to work with the individual to provide a reasonable accommodation. The U.S. Department of Justice advocates for a single point of contact within each city to assist in guiding these types of requests through the city and to ensure that each request is treated fairly. In addition, the review process for each request for accommodation should be structured to reduce the possibility of the influence of prejudices, stereotypes, or unsubstantiated assumptions. To that end, the City Attorney recommended that Council adopt an ordinance that creates a process for reviewing reasonable accommodation requests, authorizes the City Manager (or his designee) to review such requests, and grants the City Manager (or his designee) the authority to allow for the required accommodation. Mr. Thomas asked if the city receives such a request and there is a cost involved, who pays for the accommodation. Attorney Dawley said that it depends; there is no clear rule. The solution would be more about waiving existing rules rather than cost. Eric V. Ellebracht, 1948 Tyler Avenue, commended the City Attorney on her report on this item and discussed his work experience with Circles of Care. He discussed the rules of living in a sober home and stated that nothing the city can do will satisfy the neighboring homeowners. By consensus, Council authorized of the City Attorney to draft an ordinance that creates a process for reviewing reasonable accommodation requests, authorizes the City Manager (or his designee) to review such requests, and grants the City Manager (or his designee) the authority to allow for the required accommodation. Attorney Dawley stated that the ordinance will return to Council in February At this point, Council considered Item 19. Immediately following Item 19, Council returned to the order on the agenda, beginning with Item 18. Page 11 of 13

12 18. COUNCIL ACTION RE: Appointment of voting delegate and alternate voting delegate to the Space Coast League of Cities for Mr. Alfrey nominated Ms. Lopez as the voting delegate and Vice Mayor Minus as the alternate voting delegate. There were no further nominations. The Mayor called for a roll call vote: Council appointed Ms. Lopez as the voting delegate and Vice Mayor Minus as the alternate voting delegate. The following item was heard immediately following Item 17: 19. COUNCIL DISCUSSION RE: Council policies and procedures. (Requested by Council Member Lopez) Ms. Lopez stated that recent appointments of volunteers and Council Members to boards have not been democratic and that some of the new Council members feel boxed out of the process. The appointments were treated as a motion, rather than through the nomination process. Ms. Lopez stated that the last appointment process went so quickly that the ability to nominate any other individual was lost. She expressed her desire to see appointments to be done by nomination. Attorney Dawley said that in following Robert s Rules of Order, a nomination is made whenever there is an appointment to a board. Council members would then vote after all nominations have been made. When Robert s Rules are not followed during a meeting, any Council member can handle that by calling for a point of order. A policy is not required; rather, a member should point out that Robert s Rules are not being followed. In the event Robert s Rules are not followed and an official action takes place, that action is valid since no Council Member called for a point of order. Ms. Lopez said that an individual should not be automatically reappointed to a board just because they have been on the board for an extended period of time. Nominations should apply to every appointment. Ms. Thomas stated that the agenda package calls attention to when a nomination should be made and pointed out that a second on a nomination is not necessary. Moved by Lopez/Alfrey that (Council follow the procedure of nominating Council members and volunteers in accordance with Robert s Rule of Order). (Mr. Alfrey later withdrew his second on the motion). Discussion continued on Council s use of Robert s Rules of Order during Council meetings and Council s ability to nominate an individual at any moment during the appointment process. Page 12 of 13

13 Mr. Alfrey withdrew his second on the motion. Eric V. Ellebracht, 1948 Tyler Avenue, commented on his experience with Robert s Rules of Order. At this point, Council resumed with Item 18 on the agenda. 20. PETITIONS, REMONSTRANCES, AND COMMUNICATIONS Eric V. Ellebracht, 1948 Tyler Avenue, questioned why officers in two West Melbourne police cars were recently using speed radar guns on Croton Road between Parkway Drive and Post Road. Ms. Lopez stated that the Haitian community is holding an Independence Day celebration on January 1, The community requested a congratulatory letter from the City of Melbourne. Mayor Meehan agreed to send the letter. Vice Mayor Minus announced that the Melbourne Police Community Relations Council will hold its annual Christmas party on December 14 at 7:00 p.m. at the Lipscomb Park Community Center. Regarding the minutes of the November 28, 2017 City Council meeting, Mr. Alfrey commented that he wanted to put on the record that he received a phone call from attorney Kendall Moore who said that he is not the attorney on record for Honor America. Mayor Meehan stated the 2 nd Annual Health First Mayor s Fitness Challenge will kick-off in February Mr. Thomas stated that the Melbourne Light Parade was successfully held on December 9. He recommended that each Council Member assist in finding donations for the 2018 parade and requested that the applicant, Karen Harshaw, provide regular updates on the funding status of the parade beginning in March ADJOURNMENT The Mayor declared the meeting adjourned at 9:10 p.m. Approved by Council: January 9, 2018 Assistant City Clerk 12/19/2017 Page 13 of 13