TOWN OF
MINUTES
TOWN COMMISSION - REGULAR MEETING
Community Center -
The Town Commission of the Town of Melbourne
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Present were Mayor
Mayor Stacey led the entire assembly in the invocation
and the Pledge of Allegiance to the Flag.
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CHANGES TO THE AGENDA
There were no changes to the
agenda.
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APPROVAL OF MINUTES
Motion by Commissioner Price to approve the minutes
from the February 1, 2006 Special Commission Meeting and the
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CONSENT
AGENDA
Vice
Mayor Wilson asked that Item D be moved under New Business.
Motion
by Commissioner Price to approve the consent agenda as amended. Second by Commissioner Walters.
Commissioner Walters questioned the final payment of the municipal complex. He said the funds had been withheld because
of the gate. He wanted to know if had
been repaired. The Chief responded
stating the previous Town Manager had arranged to have the funds for the repair
transferred to make the drainage repairs.
Commissioner Walters felt the drainage should have been repaired at no
charge since the contractor made the error.
Commissioner Price asked what
the process was to determine if everything is complete. The Town Manager responded that a punch list
would have been used. He stated that he
was unaware of the gate issue. He
suggested removing this from the Consent Agenda so that he could investigate
the issue further.
Motion by Commissioner Price
to approve the Consent Agenda with the exception of Items A and D. Second by Commissioner Walters. The motion carried unanimously.
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PROCLAMATIONS AND AWARDS
Mayor
Stacey read the plaque presented to Mr. Peoples for his year so service on the
Police Pension Board. Commissioner
Walters commented that Mr. Peoples had been a member of the Board for many
years. All members of the Commission thanked him for his dedicated service to
the Town.
The
Chief of Police presented the Officer of the Year award to Sergeant Dan Duncan.
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NON-SCHEDULED CITIZEN COMMENTS
Tom Shaw -
Commissioner
Walters commented there is a policy regarding traffic calming and requested
that the Town Manager work with Mr. Shaw regarding this matter. Commissioner Guglietta asked that the same
information be applied to traffic calming on
Dean
Darling -
Mayor
Stacey asked for a report next week.
Ron
Gallagher -
Frank
Thomas -
Walters
commented for the publics benefit, that every record must be cataloged. Some can be destroyed and some must be kept
forever like minutes. He said this
process has not been completed in approximately 20 years and this is the
struggle the Clerk has met with.
Commissioner Price indicated that another part of the struggle is that when
the new town hall was built records were stored in a trailer and behind the
fire station. Many records were
destroyed by flooding. It is uncertain
which records were destroyed by flood and we will not know until those records
we do have are cataloged. We can only
secure what we have. We need to investigate
getting some help for the Clerk to accomplish this.
Dr.
Michael Lesser -
Mayor
Stacey commented he goes all through town on Sunday's and he wants to see
The
meeting recessed for 10 minutes.
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BOARDS
AND COMMITTEES
Commissioner Guglietta talked
about voting procedures for boards and committees. He said that in the past the Commission had
used two types of procedures for voting.
He said he would like to use the same method as used to hire
employees. He asked the Commission for a
consensus to use the ballot system. The
members of the Commission agreed and the ballot system was used for board
appointments. Commissioner Walters commented the ballots are
public record.
Mayor Stacey commented that
sometimes people are placed ahead of the alternates because of qualifications.
Appointment to the
Members of the Commission
asked the applicants present to tell them a bit about themselves. Gail Rogers (444
The Clerk collected the
ballots and indicated that Mr. Swartz had received five first place votes.
Motion by Commissioner
Walters to appoint Stephen Swartz to the Planning and Zoning Board. Second by Vice Mayor Wilson. The motion carried unanimously
Appointment to the Code
Enforcement Board
The clerk indicated the
vacancy was in the alternate position.
Leon Snodgrass commented he
has owned property in
The clerk indicated Mr.
Snodgrass received four first place votes.
Motion by Commissioner
Guglietta to appoint Mr. Snodgrass to the Code Enforcement Board. Second by Commissioner Price. The motion carried with Commissioner Walters
voting no.
Appointment to the Environmental
Advisory Board
Mr. Clay and Mr. Roper were
not present. The Clerk indicated that
Mr. Clay received five first place votes.
Motion by Commissioner Price
to appoint David Clay to the Environmental Advisory Board. Second by Commissioner Walters. The motion carried unanimously.
Marty Remark requested
approval of the site for the Post Office.
She indicated that it is west of the gazebo, south of the sidewalk and
has a view of the lagoon. She stated
that she has met with the Parks Board and they approved of the site.
Motion by Commissioner Price
to approve the request to move the Post Office.
Second by Vice Mayor Wilson.
Commissioner Walters asked
about the cost. Ms. Remark replied that if
it could not be completed for under $3,000.00, it would not be moved. She also commented the area around the
building needs to be well lit to prevent vandalism. Ms. Remark discussed the possibility of
having unified signs for
historic properties. The funds to
purchase these signs would come from the sale of the copied stock
certificates.
The question was called and
the motion carried unanimously.
Ms. Remark commented that the
board wanted to raise the Ryckman house to the height it was in 1918. She stated that the board was looking at
historic grants to accomplish this task.
Parks Board – Bruce Black reported
that Larry Hosmer Public Works Superintendent has poured new pads for the new
benches. He said that the Easter Egg
Hunt very successful and thanked the fire department for the refreshments. He also thanked Larry for his help, and Lt.
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PUBLIC HEARINGS
Second and Final
ORDINANCE 2006-03
AN
ORDINANCE OF THE TOWN OF MELBOURNE BEACH AMENDING CHAPTER 15, TOWN BUDGET,
SECTION 15-24; PROVIDING FOR THE INCREASE IN THE SPENDING CAP FROM ONE HUNDRED
FIFTY DOLLARS ($150.00) TO FIVE HUNDRED DOLLARS ($500.00) WITHOUT A PURCHASE
ORDER; 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.
Ordinance 2006-03 was read
for the second and final time by Attorney Tsamoutales.
Motion by Commissioner
Guglietta to adopt Ordinance 2006-03.
Second by Commissioner Price. The
motion carried unanimously.
First reading of Ordinance
2006-04
ORDINANCE 2006-04
AN ORDINANCE OF THE TOWN OF
MELBOURNE BEACH AMENDING CHAPTER 11, SECTION 11-17(d) OF THE TOWN OF MELBOURNE
BEACH CODE OF ORDINANCES; PROVIDING FOR THE TOWN ATTORNEY TO BE LEGAL COUNSEL
FOR THE CODE ENFORCEMENT BOARD; 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.
Ordinance 2006-04 was read
for the first time by Attorney Tsamoutales.
Motion by Commissioner Price
to approve Ordinance 2006-04 on its first reading. Second by Commissioner Guglietta. The motion carried unanimously.
Resolution
2006-04
A RESOLUTION OF THE TOWN OF
MELBOURNE BEACH, BREVARD COUNTY, FLORIDA SUPPORTING THE FLORIDA DEPARTMENT OF
ELDER AFFAIRS COMMUNITIES FOR A LIFETIME INITIATIVE.
Attorney Tsamoutales read
Resolution 2006-04.
Motion by Commissioner Guglietta
to adopt Resolution 2006-04. Second by
Commissioner Walters.
Commissioner Price commented
that this is a statewide organization that has taken on the task of ensuring
that senior citizens and their needs are considered whenever governments
deliberate. This resolution has been approved
by every city except
The question was called and
the motion carried unanimously.
Resolution 2006-05
A RESOLUTION OF THE TOWN OF
Attorney Tsamoutales read
Resolution 2006-05.
Motion by Commissioner Price
to approve Resolution 2006-05. Second by
Vice Mayor Wilson.
The Town Manager stated this
resolution addresses building without a permit only. Commissioner Walters felt that the entire fee
structure needs to be addressed.
Commissioner Guglietta stated that the policies and procedures of the
Town need to be followed. He felt
doubling the fee is just a slap on the hand for building without a permit. He felt the person should be required to stop
building for 90 days. He felt that the
penalties should be stricter than just the doubling of fees.
Commissioner Price agreed
with Commissioner Walters that the entire fee structure needs to be
reviewed.
Ron Gallagher -
Keith Caudill -
The Town Attorney commented
that in the event of a code violation, the violator must be given the
opportunity to correct the issue before the Code Enforcement Board can take
action.
Commissioner Guglietta felt
if you violate the Town rules, you should have to stop and tear down what was
constructed without a permit. He said he
will vote against this motion, as he believes there needs to be stronger
regulations.
Dr. Michael Lesser -
The Town Manager responded
stating the case the Commission is referring to was a result of a problem with the
staff in town hall. Dr. Lesser continued
asking if the Town has a responsibility to execute and deliver a permit within
a particular period of time. Commissioner
Price responded that municipalities do not set rules that put time limits on
them. Citizens should expect a reasonable
amount of wait time. He continued
stating the Town has gone through a period of turn over and no one in Town Hall
has been there more than a year.
Chris Romandetti - 451/453 Sandy
Key stated they submitted applications in January and only got a building
permit last week. He felt that the
problem was there is not a person in house you can go over plans with. He said members of the Planning and Zoning
Board contact building official directly and that is not permissible. They try to get him to change his mind.
Commissioner Walters
responded stating a special meeting was held to get Mr. Romandetti his
permit. The Town Attorney commented the
members of the Planning and Zoning Board may speak to the Planning
Official.
Mr. Romandetti continued saying
there is not a planning official or building official on site residents can
talk with to help answer questions.
Commissioner Price replied
that last year cannot be seen as a normal experience in this town, as there was
complete turnover. He said he personally
has been trying to stabilize the Town so there is accountability. Commissioner Walters commented you need to keep
in mind that the person that took care of this in the past died. She was the glue and she knew what to do. He said that the new clerk is still learning. There have been three hurricanes and everybody
wants their homes fixed.
Vice Mayor Wilson commented
the real world is not perfect and building officials are hard to fine. He stated that in the past there had been
very little building in the town. He
said the Town lost the long time clerk and we are doing the best we can.
The question was called and
the motion carried with Commissioner Guglietta voting no.
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NEW BUSINESS
Final
Payment - Municipal Complex in the amount of $89,668.79
This
item was removed from the agenda to be brought back at the May Regular
Commission Meeting.
Reserve Account/Fund for
Historic Preservation - Authorize the establishment of a separate
fund or designated reserve
within the General Fund to account for unexpended funds donated or
appropriated for historic
preservation projects.
Commissioner Price wanted to
make sure that when money is received for a project the project is
completed. Commissioner Guglietta
clarified that if the donations are not used it goes to the general fund. The Town Manager responded saying that it
would be to set up a reserve account when funds are received. The Town Manager commented that the funds
would be tracked like any other line item and if the money is not spent, it
will be moved to the general account.
There was discussion
regarding benches and plaques. The Parks
Board received the commitment but never got the funds.
Motion by Commissioner Price
to approve Item D from the Consent Agenda the reserve account/fund for historic
preservation – Authorize the establishment of a separate fund or designated
reserve within the general fund to account for unexpended funds donated or
appropriated for historic preservation projects. Second by Commissioner Guglietta. The motion carried unanimously.
Authorization to execute an Agreement with Ragsdale
Planning Group, Inc. for routine, ongoing
Planning services and the establishment of Dennis
Ragsdale as Planning Official for the Town of
Motion by Commissioner Walters to approve the
execution of an agreement with Ragsdale
Planning Group, Inc. for routine, ongoing planning
services and the establishment of Dennis
Ragsdale as Planning Official for the Town of
Guglietta.
The Commission asked for a
site plan review fee schedule be brought to the next meeting. It was the consensus that site plan review
should be an activity that is paid for by fees.
Commissioner Guglietta commented there will have to be changes to the
budget to pay him. The Town Manager
replied there will have to be an amendment. He also commented that Mr. Ragsdale
has
experience writing
comprehensive plans. Commissioner Price
commented that the Comprehensive plan is in desperate need of an update. He said it had not been done in 20
years. This was the foundation for the
Town and if done properly it will tell the Commission what the citizens want
the town to look like.
Mr. Ragsdale commented that
the EAR needs to be updated before the comp plan.
The question was called and
the motion carried unanimously.
Discussion and possible action regarding a building
moratorium for lots with submerged land as
requested by the
The Town Manager discussed the
request of the
Commission Guglietta
commented he did not like the word moratorium, he wanted to know if we could use
the term building pause. He also stated
he did not like the idea of taking peoples property away. He asked how many properties this will effect. The Manager replied the last building permit
in that area was the Serrano property.
Vice Mayor Wilson asked if this would have any effect on them. The Manager replied it would not.
Commissioner Price believes
the Commission needs more information to study this issue further.
Motion by Commission Price to
table the issue for further study and information and perhaps to hold a
workshop. Second by Guglietta. The motion carried unanimously.
Xochie Ross – 1106 Atlantic
Street stated she did not believe it was the intention to halt building in that
community, but only to halt buildings that were using the submerged land to
determine lot coverage. This is a very
complex issue and none of us really has the expertise to deal with it. The DEP,
Commissioner Walters asked if
they were discussing building construction including roofs and such, or are they
discussing building where the use of submerged land is part of the plans.
Chris Romandetti – 451/453
Sandy Key said as you look through the platted land, there is a marker in the
center of the canal to make property lines.
We all own 10 feet into the canal.
These lots are 90 x 125 which allows you to have 30% coverage or about 3,375
square feet. What we were hearing is they
do not want you to have that extra 900 square feet, so therefore your house
would have to be 30% smaller. The object
of the moratorium was to put in a process that would freeze building so there
is less density on those lots. He believes
it should go through the process and see what the people want, but to arbitrarily
freeze building is wrong. This is a
much bigger issue than what
is being presented tonight. There needs
to be a workshop.
Discussion and possible action regarding the
compensation time policy for employees of the
Town of
Commissioner Walters stated
this has been three-year project, and also was a problem 20 years ago. The decision a long time ago was that compensation
time is a liability to the town and there has to be control. The previous policy in the police department
was that no one would accumulate over 100 hours and that was strictly followed. The auditor said you cannot have thousands of
hours of liability. The overtime budget
in the police department over the past four years is up 300%. The Commission has addressed this at least
eight times. There is also the issue for
the approval of more than 1200 hours of time for two ranking people in the police
department. He said he did not
understand how that could happen, as they are only to accumulate up to 100
hours. This Commission previously agreed
that compensation time could be accumulated but there was a limit.
Motion by Commissioner
Walters to direct the Town Manger to develop a policy that requires employees that
get compensatory time, to take that time within 30 days.
Commissioner Walters withdrew
his motion and made the following motion in its place.
Motion by Commissioner
Walters that the employees of
Commissioner Guglietta asked
if there were federal standards that needed to be followed. Commissioner Walters replied employees that
are non-exempt receive overtime.
Commissioner Price stated
compensation time for exempt employees should by managed in a why authorizing
the manager to allow time off when needed.
An exempt employee should not get comp
time. He feels the Commission should
re-examine the salaries for these employees.
Commissioner Walters agreed that starting salaries need to be
reviewed. He commented that in the last year,
overtime hours were upped to $25,000.00.
The Chief attends all the meetings he has over 700 hours. It is a burden on the town. This has been a problem for over five
years.
Mayor Stacy commented the
Manager has been working on this for several weeks. The Manager asked for the issued be put aside
for 30 days.
Commissioner Walters stated
he wanted to continue with his motion and if the Manager can come back with something,
better we will discuss it.
Commissioner Price asked if
he would be willing to wait 30 days for him to come up with a plan. Commissioner Walters said he did not want to
drop his motion unless he could come back on the first Wednesday in May.
Commissioner Walters withdraw
his motion and placed the item on the agenda for first Wednesday in May, the
second agreed.
Motion by Commissioner
Walters to table until the next special meeting tentatively scheduled for the first
Wednesday in May. Second by Vice Mayor Wilson. The motion carried unanimously.
Discussion and possible action regarding the
establishment of a Residential Site Plan Advisory
Board as requested by Commissioner Guglietta
Commissioner Guglietta stated
the
Commissioner Walters said
part of the problem was the Board was disagreeing with the interpretations of
the planner. He felt the Town has a new
planner and a very experienced building official who seems to be set on our
policies being followed. He felt that rather than another committee the planner
should provide site plan review.
Vice Mayor Wilson asked if
Mr. Washburn reviewed all plans or just the ones we send him. The Manager replied he looks at all plans
with issues regarding set backs, lot coverage, and height.
Commissioner Guglietta agreed,
and would support whatever system will work to eliminate the burden from the
Commissioner Price said the
Commission has heard the discussion, there is a new planner, and the Town
Manger should come back with a recommendation.
Chris Romandetti -451/453
Sandy Key stated part of the problem is there is a breakdown in communication. There needs to be clarification on
definitions and descriptions in the code that are clear and easy to
understand.
Marty Remark -
Discussion and possible action regarding an ordinance
to amend the Land Development Code
Section 5A 2, Appendix A because of the uncertainty
that exists as to the location of the Town of
Sack.
Mr. Sack stated the reason he
asked for this to be on agenda was the State of
clear as to whether the town
line moves with the State line. This needs
to be looked at better. He recommended
the
Members of the Commission
agreed.
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REPORTS
Town
Attorney - Attorney Sack stated he
had a report on the litigation brought by Jack
Certificate
of Occupancy for his home. Judge Moxley
entered a final judgment in March in favor of Mr. Hamilton. The 30-day appeal period is over and the
order is now final. This means Mr. Hamilton's
CO is no longer subject to judgment.
Town Manager
- The Town Manager reported $1,237,812.00 or 64% of the general revenue
budget. He
reported $770,630.00 in expenses or 40% of the general budget. Revenue training by the Florida League of Cities
has been scheduled for
prior to the special meeting on
Public Works Superintendent will have a public works
maintenance report in the May
Packet. National Pollution Discharge Emissions Annual
Report was submitted to the DEP in
March and we are now in compliance. Once we receive comments from the DEP, we
will begin
working on the 2005 report. We have received bids on the Shoreline
Restoration Project ranging from $104,000.00 to $490,000.00. We will meet with the contractors to review
the bids next week. We are waiting for
FEMA to amend the project worksheet.
Meeting scheduled with the Florida League of Cities to review the
property insurance schedule. The
Commissioner Price - reported
that the League of Cities Dinner is on May 8.
The Town will co-host with Indialantic.
He felt it was important that good attendance by staff be
demonstrated. He felt that all staff
should attend. It will be held at the Airport
Hilton. Mayor will make the
introductions of staff in attendance. He
also reported that the Town will receive a plaque for our participation in the
Elder Care initiative.
Vice Mayor Wilson - reported he
has been talking to the DOT regarding traffic at the light. He indicated he is trying to get improvements
made to the eastbound traffic on Ocean.
He discussed with DOT the possibility of changing the sequence of the
light so the eastbound traffic would have a green light before the westbound
traffic can go. There was discussion regarding the traffic at
the intersection.
Vice Mayor Wilson asked for a
consensus of the Commission to work with the Town Manager and the DOT about the
traffic light at the intersection of Oak and Ocean. There was a consensus to continue talks.
Vice Mayor Wilson also
reported he attended the Parks Board meeting regarding Founders Day. He wanted to remind the Commission a special
meeting was held with the Board last year to get them to generate more fees to
help them to be self-sufficient. They
are charging $200.00 for vendors. He
stated there is a particular individual in town selling his book he believes he
should be paying a vendor fee. The Town
Manager commented the Parks Board said he was going to give his profits to the
Commissioner Walters
commented that items were taken from the old post office and were not returned
by Mr. Thomas. Some of those items
belong to the town. He has refused to
return them. He is not the Town
Historian setting up and selling his book on the Ryckman House Porch should not
be allowed. No one should be on the
porch. He should pay his fee and if he wants to
donate it to the
Mayor Stacey replied the Parks
Board made the decision, and if the Manager tells them it is rescinded we will
have a problem. Commissioner Walters
responded the Parks Board does not have the authority to say that an
organization is non-profit. If he has a
charter, that is fine, if not he should be charged a fee and subtract it dollar
for dollar.
Mayor Stacey said the Parks
Board made a decision. To renege on
something is not appropriate. He should
continue this year but cannot use the Ryckman House. Commissioner Walters and Commissioner Price
stated he should not be able to use any Town buildings to sell his book.
Commissioner Price said the Commission
could grandfather him. On the other
hand, you can put restrictions on him this year such as you cant' sell in any
building or the porch. Next year he will
have to pay the fee.
Commissioner Guglietta
commented that if they are going to make a profit, whatever they sell is fine,
they have paid their fee. We have rules,
and he should be following the same rules.
He agreed he should not be allowed to use the building, or the Ryckman
house, or block the driveway.
Commissioner Price stated the
Town should send him a letter with a copy of the letter to the Parks Board and direct
him to go to the Parks Board and be assigned a spot.
Commissioner Walters
commented the problem is the flyers say he is giving a history speech. He needs to be prohibited from selling his
book during the presentation.
Discussion continued regarding
Frank Thomas status as the Town Historian.
It was stated he
was not the historian and he
could be re-instated if he returned the property of the Town. He has not done so to date.
It was recommend to let him
have his slide show in the Community Center and to have a spot for him 25 feet away from the Ryckman house. Next year he will have to pay the $ 200.00
vendor fee.
Vice Mayor Wilson commented
on the behavior of Mr. Thomas at the Ponce de Leon dedication, where Mr. Thomas
publicly berated the Vice Mayor using foul language in front of the many local
political figures and visitors to the presentation.
Commissioner Guglietta - reported the MPO meeting was cancelled this month. He felt he could not make recommendations to
the MPO if the South Beach Coalition has not met.
Commissioner Walters - asked the
Clerk to look at the microphone equipment.
The Clerk responded that the company has been contacted and the repairs
will be completed. He asked about the sign
on A1A, it is rusted out and needs to be replaced. There was no Fire Department Report wanted to
be sure there is one next month. He
asked the Clerk to put tabs on his commission packet. He asked about the status of the speaker
timer. The Clerk responded that she is
waiting for pricing and a budget amendment needs to be made. He asked for the phone log be eliminated from
the packet. He commented that the public
works position was not posted on the board.
Someone was interested in the position, got the application, went out
and looked at the bulletin board daily and it was not posted. The job description was not posted or
available in the office when he asked for it.
This person feels that once again he has been shafted. We need to do a better job. He wanted to discuss ethics commission
complaints but there were not enough people present. He said there were two filed, one by Susan
Dieterle regarding pension benefits, and another by Commissioner Guglietta, who
said Commissioner Walters berated the Town Manager. Commissioner Walters said Commissioner
Guglietta left out the part where the previous manager did not follow the rules
and procedures regarding budget transfers.
He stated he intended to take Ms. Dieterle and Commissioner Guglietta to
small claims court. He asked who was responsible
for attorneys fees and costs. The Town
Attorney replied that if the complaint was made, based upon the performance of
your official duties and you prevail you are entitled to be compensated by the
Town. You need to submit an application
for compensation and you have to submit the costs incur. Commissioner Walters responded he believed it
was done maliciously and intentionally and he will go to small claims court
first. He wanted everyone to know that
he was cleared of both charges by a unanimous vote. He wanted the residents to know who is
responsible for the fiasco.
Commissioner Guglietta asked
if Commissioner Walters ever filed a complaint against Mayor Wiley. He asked why the complaint was filed. Commissioner Walters replied it was for using
town property for his own benefit, and then asked what it had to do with
this. Commissioner Guglietta stated he
will file a complaint against anyone he feels is overstepping his or her authority. He said the Board stated it was legally
insufficient, which means there was not enough evidence. Commissioner Walters responded by telling
Commissioner Guglietta to tell it
to the judge.
Mayor Stacey - reported that he would be speaking at the Arthritis
Walk. He wished everyone well and
adjourned the meeting at
William
G. Stacey
Mayor
ATTEST:
Karan J. Rounsavall, CMC
Interim Town Clerk