Melbourne Beach commission OKs RFP work on non‑ad valorem assessments, seeks consultant to study fire and stormwater charges

The Melbourne Beach Town Commission at a March 4 workshop authorized staff to proceed with a request for proposals to hire a consultant to study non‑ad valorem assessments, including a potential fire protection assessment and a review of the town's long‑unchanged stormwater charge.

Commissioner Tim Reed, who sponsored the item, said the commission’s recent Resolution 2602 preserves the town’s use of the uniform method of collecting non‑ad valorem assessments and directed staff to begin the consultant search. “We are looking at understanding and soliciting a reasoned special assessment methodology to fund a portion of the annual operating and capital costs associated with the provision and maintenance of the fire protection services,” Reed said.

Town Attorney Ryan Knight outlined the legal framework that allows Florida local governments to levy special assessments and stressed two court‑tested requirements: the assessed properties must receive a measurable special benefit from the service, and the assessment must be fairly and reasonably apportioned among benefiting properties. “Florida statute 170 … governs special assessments,” Knight said, and consultants provide the data and legal analysis to show which costs are recoverable and how they should be apportioned.

Knight and staff noted a key legal nuance: court decisions commonly permit recovery for first‑responder fire services but exclude ambulance transport and some advanced medical services from a fire assessment. Fire Chief Gavin Brown confirmed that emergency medical transport in the county is handled by Bard County Fire Rescue and that the town’s department typically provides first‑responder care only.

Finance Manager Jennifer Kerr provided payroll numbers and cautioned that benefits and employer costs add to base salaries. Reed said the FY budget included three full‑time firefighter positions that have not yet been filled and estimated the additional cost at roughly $300,000 when benefits and related costs are included.

Knight described typical consultant work: gathering historical incident and call data, coordinating with the property appraiser, analyzing which line‑items in the fire budget represent a special benefit to property, and proposing an apportionment method (for example, a flat fee plus a size or structure‑based tier). He said consultants often document choices to reduce the risk of legal challenge and may coordinate notices and required filings.

Commissioners discussed timing because the state legislature has considered changes to property tax rules. Knight said the study and any eventual implementation require a deliberate schedule and statutory steps, and recommended planning at least a year ahead to meet county and fiscal‑year deadlines should the commission elect to adopt an assessment.

During public comment resident Don Barlo urged a broader scope for the RFP, noting the town’s stormwater assessment has not been updated in two decades and asking that stormwater and other non‑ad valorem charges be reviewed along with any fire assessment. “I just wanted to make sure that we were looking at everything holistically versus linear,” Barlo said. Knight and staff confirmed the RFP is written to allow evaluation of multiple non‑ad valorem assessments, not only a fire assessment.

Commissioners asked staff to finalize and post the RFP; staff indicated they already have drafting authority from a prior directive and expected to solicit firms to produce the required study, including recommended rates and legal support. The meeting concluded with the commission adjourning to a special meeting at 6:00 p.m.

Votes at a glance: A motion to adjourn was made, seconded and carried by verbal assent; the transcript records affirmative “I” responses but no roll‑call vote was recorded in the transcript.

What happens next: Staff will publish the RFP, receive proposals, and return to the commission with recommended firms and timelines. A consultant report would identify which fire department costs can legally be funded via a special assessment, propose apportionment methodology, and estimate revenue at selected cost‑recovery levels so the commission can decide whether to proceed with an assessment and how much of the budget to target.