TOWN OF MELBOURNE BEACH

MINUTES

TOWN COMMISSION - SPECIAL MEETING

Wednesday, March 1, 2006

Masny Room - 6:30 PM

The Town Commission of the Town of Melbourne Beach, Florida met in special session on Wednesday March 1, 2006 in the Masny Room at 507 Ocean Avenue, beginning at 6:30 PM.

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Present were Vice-Mayor Sandy Wilson, Commissioner Guglietta, Commissioner Price and Commissioner Steve Walters. Also in attendance were Town Clerk Patricia Burke, Interim Town Manager Jim Bursick, and Town Attorney Gary Sack. Mayor Stacey was not in attendance.

Vice Mayor Wilson led the entire assembly in the Pledge of Allegiance to the Flag.

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Items A, B, and C were carried over as unfinished business from the Regular Commission Meeting on February 15, 2006.

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Discussion and possible action regarding amendments to Resolution 3-2005 establishing policies and procedures for the Town Commission (as requested by Commissioner Walters).

It was Commissioner Walters belief that the Mayor should look at the agenda before the meeting to determine if there are personal attacks on the agenda. Commissioner Price felt that he did not think that you can give the Mayor veto power over items that a Commissioner puts on the agenda. Commissioner Walters said to forget it and allow personal attacks on the agenda.

Ms. Remark commented that the Commission also talked about citizens coming up and saying bad things. Commissioner Guglietta stated that there should be no personal attacks on Commissioners or employees.

Vice Mayor Wilson read from Resolution 3-2005. He felt that maybe there is a way to remove the item from the agenda if we do not want to discuss it. The Town Attorney stated these are the rules and procedures the Town has established. The problem is there is no mechanism for enforcement or a penalty for violations. The way the rules are followed depends on the good will of the Commission.

Commissioner Walters stated that if the members of the Commission were going to continue to have personal attacks, he felt he could do the same and attack anyone he wished.

Commissioner Price felt that no Commissioner has the authority to tell any other Commissioner what he can put on the agenda.

Members of the Commission began to argue, and the Vice Mayor indicated that the meeting should move on.

Commissioner Guglietta stated that if there is not enough backup to make a decision the item should be tabled. He feels some of the rules need to be changed. Commissioner Guglietta felt that the public should be allowed to speak at special meetings. He felt that the Commission should hear what the public has to say.

Vice Mayor Wilson commented there should be some type of protocol with relation to public comment. He indicated that he attended the Melbourne meeting and people filled out agenda cards. If they did not fill out a card, they did not speak.

Commissioner Price felt that the problem would be that it has to be monitored.

Motion by Commissioner Walters to table Item A. Second by Commissioner Guglietta. The motion carried unanimously.

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Discussion and possible action regard the Interim Town Manager's contract (as requested

by Commissioner Walters).

Commissioner Walters commented that somehow this was not voted on last week. Vice Mayor Wilson asked if Mr. Bursick had any questions or problems with the agreement. Mr. Bursick responded that the changes were made and he was agreeable to the terms. Commissioner Guglietta asked what the total dollars were. Mr. Bursick indicated that the dollars in the original agreement were correct.

Motion by Commissioner Price to approve the Interim Town Managers contract. Second by Commissioner Guglietta.

Commissioner Price said that previously there were some problems with the numbers. Mr. Bursick indicated that there are no problems with the numbers and that it is acceptable to him and the Town Attorney.

The motion carried unanimously.

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Discussion and possible action regarding individual Commissioners authority to instruct the Town Attorney to engage in research on a particular matter and setting a time limitation as it relates to attorney fees (as requested by Commissioner Walters).

Motion by Commissioner Walters to table Item C. Second by Commissioner Guglietta. The motion carried unanimously.

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Ordinance 2006-02

AN AMENDMENT TO CHAPTER 35, ANIMALS, SECTION 35-15(c), OF THE MELBOURNE BEACH CODE OF ORDINANCES, ALLOWING ANIMALS IN THE PUBLIC PARK AS A TEMPORARY EXEMPTION FROM THE PROVISIONS; REQUIRING A SPECIAL EVENTS PERMIT AS A CONDITION; PROVIDING FINDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE.

The Town Attorney read Ordinance 2006-02 by title.

Motion by Commissioner Guglietta to approve Ordinance 2006-02 on the first reading. Second by Commissioner Price.

Commissioner Price stated it appears this is to provide for permitting for special events to have pets in the park. The Town Attorney stated that in part he was correct. He said it also deals with Chapter 35, Subsection C that adopts the county regulations that prohibits animals in parks. It will allow pets in the park for special events. Commissioner Guglietta commented that people have parties with pony rides and previously there were no pets allowed, now if a person wants to get a pony, will this cover it? Attorney Sack stated that the prohibition in Chapter 35 prohibits domestic animals.

There was discussion regarding what the definition of a domestic animal is. It was defined as animals that would be in a home. Commissioner Price indicated that pigs could be considered domestic animals. The Town Attorney agreed and commented the ordinance currently prohibits animals in the park except for service animals. The ordinance is not limited to the "Pets in the Park" event it is for other events as well. He also said the blanks in the ordinance need to be filled out.

Vice Mayor Wilson commented there are three events that he can think of at this time; Pets in the Park, the Iceman's Ball, and Founders day.

The following was added to the ordinance: Such events are limited to NO MORE THAN 5 events per year 9:00AM to 9:00PM.

The original motion was withdrawn.

Motion by Commissioner Guglietta to approve as amended Ordinance 2006-02 to limit special events to five per year beginning no earlier than 9:00 AM to 9:00 PM. Second by Commissioner Price. The motion carried unanimously.

Motion by Commissioner Walters to adjourn. Second by Commissioner Guglietta. Motion carried unanimously.