Town
Commission
Regular
Meeting
The Town Commission of the Town of Melbourne Beach, Florida,
met in regular session on
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In attendance were Mayor
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Mayor
Stacey asked for a moment of silence in the memory of Judge Mitchell Barlow.
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Interim Town Attorney Sack swore-in Commissioner
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Selection
of Vice Mayor to serve November 2006 through November 2008.
Mayor
Stacey passed the gavel to Vice Mayor Wilson.
Mayor Stacey nominated
Mayor Stacey presented Certificate of Elections to
Commissioners Evans and Guglietta.
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INTERMISSION
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Mayor Stacey called the meeting to order and offered the
invocation. The entire assembly recited
the Pledge of Allegiance to the Flag.
Approval of Minutes
Commissioner Wilson
moved to approve the minutes of regular meeting
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Consent Agenda
Vice Mayor Price moved
to approve all the consent agenda items in accordance with the following
recommendations:
A. Award of bid for Ryckman Park Pier Repairs to
RKT Constructors, Inc. in the amount of $42,349. Source of Funds: FEMA
and General Revenues.
Recommendation: Award bid to RKT Constructors, Inc. in the
amount of $42,349.
B. Concession Agreement with SeeCoast
Manufacturing Company, Inc. for the installation of two coin-operated
telescopes.
Recommendation: Approved,
with a change to the time for viewing from 1 ½ minutes per
C. Approval of Agreement for cleaning services
with Already Cleaning in the amount of $714 per month, $8,568 for the year. Source
of Funds: General Services and Police Department Budget.
Recommendation: Approved agreement for cleaning services with
Already Cleaning in the amount of $714 per month, for a total of $8,568 per
year.
D. Special Events Permit Applications:
1)
Music in the Park, as requested by the Parks Board to be held on
December 16,
2006, following Tree Lighting
Ceremony. Recommendation: Approve
permit application as presented.
2)
Music
in the Park, as requested by the Parks Board to be held
E.
Landscape
Maintenance Agreement between the Town of Melbourne Beach
and Fertig’s Sharper Cuts, Inc. for mowing services at various Town
locations at an annual cost of $20,940.
Source of Funds: Public
Works Budget. Recommendation: Approve agreement with Fertig’s Sharper Cuts,
Inc. at an annual cost of $20,940.
F.
Authorization
to increase audit contract amount with Bray, Beck & Koetter for the 2005
audit from $12,000 to $15,595 due to additional work. Recommendation: Approve increase of audit contract with Bray,
Beck & Koetter for the 2005 audit as presented.
Commissioner Guglietta seconded the
motion and it carried unanimously.
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Non-Scheduled
Citizen Comments
Ms. Terry
Block,
The Town
Manager advised Ms. Block that the Town was in the process was reviewing with
the State and Federal to relocate additional funds.
Ms. Alice
Graham,
anonymous
letter sent to her regarding Steve Walters.
Ms. Roberta
Tyner,
Mr. Steve
Walters,
Mr. Frank
Thomas,
Ms. Jean
Marshall,
Ms. Gail
Gowdy,
Ms. Ann
Downing,
Boards and Committees
First item to be considered was the re-appointment of Parks
Board regular member, Bruce Black for two-year terms expiring
The next item to be considered was the re-appointment of the
Civil Service Board regular members Michael V.
Fufidio, Gerald Matheson, and Ann Szemplelnski, and alternate member Lisa
Farrall, for two-year terms expiring November 18, 2008. Vice
Mayor Price made a motion to approve the
re-appointments, which was seconded by Commissioner Guglietta. The motion carried unanimously.
Board Reports
Bruce Black spoke about the first
Veterans’ Day event receiving positive feedback. He then advised that the Parade on
Mayor Stacey thanked Mr. Black for the
cake and sodas he provided this evening.
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Public
Hearings
First
to be considered was the second reading of Ordinance No. 2006-10 prohibiting
entry by the Town of Melbourne Beach into any contract with a private entity or
person that would contain an agreement to indemnify the private entity or
person. This ordinance was brought to the Town Commission’s attention by the
Town Attorney at the
Town
Attorney Sack read: ORDINANCE NO. 2006-10 OF THE TOWN OF
BEACH,
BREVARD COUNTY, FLORIDA, PROHIBITING ENTRY BY THE TOWN OF MELBOURNE BEACH,
FLORIDA, INTO ANY CONTRACT WITH A GOVERNMENTAL OR PRIVATE ENTITY OR PERSON THAT
WOULD CONTAIN AN AGREEMENT TO INDEMNIFY THE GOVERNMENTAL OR PRIVATE ENTITY OR
PERSON; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE by title only.
Commissioner Wilson
moved for approval upon second reading.
Commissioner Guglietta seconded the motion. The motion carried unanimously.
The next item was the second reading of Ordinance No.
2006-11 repealing Section 12-2, “Employees’ Retirement Pension Plan” and
adopting a new Article entitled “Florida Retirement System” authorizing
participation by eligible general employees in the Florida Retirement System.
Town
Attorney Sack read ORDINANCE No. 2006-11 OF THE TOWN OF MELBOURNE
BEACH,AMENDING
CHAPTER 12, BY ESTABLISHING A NEW ARTICLE II, ENTITLED FLORIDA RETIREMENT
SYSTEM; AUTHORIZING PARTICIPATION BY ELIGIBLE GENERAL EMPLOYEES IN THE FLORIDA
RETIREMENT SYSTEM “REGULAR CLASS” ADMINISTERED BY THE STATE OF FLORIDA, STATE
BOARD OF ADMINISTRATION, DIVISION OF RETIREMENT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE by title only.
Vice Mayor Price moved
to approve the ordinance upon second reading.
Commissioner Guglietta seconded the motion. The motion carried unanimously.
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The next item was the first
reading of Ordinance No. 2006- 14 of the Town of Melbourne Beach, regulating
peddlers, Itinerant merchants, itinerant food vendors, and solicitors,
regulating the use of property by peddlers, itinerant merchants, itinerant food
vendors and solicitors, providing findings, providing definitions, providing
exceptions.
Interim Town
Attorney Sack read: ORDINANCE
OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, REGULATING PEDDLERS,
ITINERANT FOOD VENDORS, AND SOLICITORS, REGULATING THE USE OF PROPERTY BY
PEDDLERS, ITNERANT MERCHANTS, ITINERANT FOOD VENDORS, AND SOLICITORS, PROVIDING
FINDINGS, PROVIDING DEFINITIONS, PROVIDING EXCEPTIONS; PROVIDING FOR THE REPEAL
OR ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR INCLUSION IN THE
TOWN OF MELBOURNE BEACH, FLORIDA, CODE OF ORDINANCES the first time by title
only.
There
was a brief discussion.
Commissioner Guglietta tabled
this Ordinance and placed it on the
Next item was
for first reading of Ordinance No. 2006- 16 Creating a History Center Board;
making findings; amending Chapter 11: Departments, Boards and Commissions of
the Code of Melbourne Beach by adding thereto Article X. History Center Board;
amending Article IX. Auditor Selection Committee by deleting Sections
11-116.-11.119. Reserved therefrom, providing for the establishment, appointed
members, terms, officers, rules and procedures and power and authority of said
History Center Board.
Interim Town
Attorney Sack read: ORDINANCE OF THE
TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, CREATING A HISTORY CENTER
BOARD; MAKING FINDINGS; AMENDING CHAPTER 11: DEPARTMENTS, BOARDS AND
COMMISSIONS OF THE CODE OF MELBOURNE BEACH BY ADDING THERETO ARTICLE X. HISTORY
CENTER BOARD; AMENDING ARTICLE IX. AUDITOR SELECTION COMMITTEE BY DELETING
SECTIONS 11-116.-11.119. RESERVED.
THEREFROM; PROVIDING FOR THE ESTABLISHMENT, APPOINTED MEMBERS, TERMS,
OFFICERS, RULES AND PROCEDURES AND POWER AND AUTHORITY OF SAID HISTORY CENTER
BOARD; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES OR RESOLUTIONS
INCONSISTENT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE the first time by title only.
Vice Mayor Price made a motion to approve this Ordinance and
place it on the
The Town Manager explained that that this was originally an
Ad Hoc Committee, and that it would be more effective to have them become their
own Board.
Commissioner Wilson asked if it was necessary for the Town
to have two history boards. The Town
Manager stated that they would not overlap.
Vice Mayor Price added that they would remain separate in the future.
There was a discussion regarding the timeframe for the
opening of the
Commissioner Wilson stated that
The motion carried
unanimously.
Mr. Frank Thomas,
New Business
The first item was Resolution No. 2006-15, reporting the
canvassing of the returns of the General Election held on
Town Attorney Sack read RESOLUTION
NO. 2006-15 OF THE TOWN OF MELBOURNE BEACH, FLORIDA, A RESOLUTION OF THE TOWN
OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA CANVASSING THE RETURNS OF THE
GENERAL ELECTION HELD ON NOVEMBER 7, 2006 FOR THE ELECTION OF TWO TOWN
COMMISSIONERS AND FOR A REFERENDUM DETERMINING WHETHER OR NOT THE ELECTORATE
DESIRES TO AMEND ITS CHARTER RELATING
TO BUILDING HEIGHT LIMITS PURSUANT TO ORDINANCE NO. 2006-09; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE by title only.
Vice Mayor Price moved to approve
the resolution, Commissioner Wilson seconded the motion. The motion carried unanimously.
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The second item was Resolution No. 2006-16 adopting new
Building Permit Fees.
Town Attorney Sack read Resolution
No. 2006-16 OF THE TOWN OF MELBOURNE BEACH,
There was a
brief discussion regarding the old fees, the Planning Official and Building
Official spending extensive time reviewing plans, and that the permits would
cover the cost to review.
The Town
Manager introduced William Whitelock to the Commission and residents in the
audience. Mr. Whitelock was welcomed to
the Town.
Commissioner Wilson moved to approve
the resolution, Commissioner Guglietta seconded the motion. The motion carried unanimously.
The next
item was Resolution No. 2006-17 supporting the
elimination of the cap of the Housing Trust Funds beginning in fiscal year
2007-2008 and supporting full funding from the Housing Trust Funds of $939.5
Million for housing in the State fiscal year 2006-2007 Budget, which was placed
on the agenda by Commissioner Guglietta.
Commissioner Guglietta explained to the Commission that this
was requested by the Florida League of Cities, to have the cities adopt this
resolution as support to ask Legislators for the funds from the Doc Stamps of
$939.5 Million to be taken out of the trust fund and put into affordable
housing funding.
Vice Mayor Price moved to approve
the resolution, Commissioner Guglietta seconded the motion. The motion carried unanimously.
The
motion carried unanimously.
The next item
was Resolution No. 2006-19 discontinuing participation on behalf of General Employees
in the “Town of
Town
Attorney Sack read: A RESOLUTION OF THE
TOWN OF MELBOURNE BEACH, FLORIDA DISCONTINUING PARTICIPATION ON BEHALF OF
GENERAL EMPLOYEES IN THE “TOWN OF MELBOURNE BEACH MONEY PURCHASE PLAN AND
TRUST” ADMINISTERED BY THE SECURITY BENEFIT GROUP OF COMPANIES; MAKING
FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE by title only.
Vice
Mayor Price moved to approve the resolution, Commissioner
Guglietta seconded the motion. The
motion carried unanimously.
The next item was Resolution No. 2006-20 appointing James
D. Bursick, Town Manager as Trustee of the Money Purchase Plan and Trust,
effective
Town
Attorney Sack read: A RESOLUTION OF THE TOWN OF MELBOURNE BEACH,
The Town Manager explained that action was taken back in
Commissioner
Guglietta moved to approve the resolution, Vice Mayor Price seconded the
motion, retroactive to March 15, 2006.
The motion carried unanimously.
Discussion and possible action on installation of
landscaping at beach accesses.
The Town Manager informed the Commission that
Vice
Mayor Price made a motion to approve the Town Manager to pursue the grant
funds, which was seconded by Commissioner Guglietta.
Commissioner
Wilson asked who would be in charge, and was advised that the County would be
in coordination with the Town.
The
motion carried unanimously.
Discussion and possible action on resolution of Pedway
Corrective Acton Plan.
The Town Manager apologized that there wasn’t anything in
their package for this meeting. He stated
that the sidewalk east of Oak and Ocean to
There was a discussion regarding receiving funds from
Discussion
and possible action regarding hiring a new Town Attorney.
Mayor Stacey moved to table this
item until February, which was seconded by Vice Mayor Price. The motion carried unanimously.
Discussion
and possible action regarding unanticipated funds received during FY 2006,
which was placed on the agenda by Commissioner Wilson.
Mayor Stacey moved to table this
item until February, since the Town doesn’t have the final audit and that the
Homestead Exemption may be doubled, which would lose $45,000 for the Town, which
was seconded by Vice Mayor Price. The
motion carried 4-1, with a nay from Commissioner Wilson.
Discussion
and possible action regarding a recording and sound system proposal.
The Town
Manager stated that the Town Commission requested that we submit proposals for
the replacement of our recording and sound system. He described the equipment to be included in
the proposal of new microphones, speakers, amplifiers, including outdoor
speakers and new wiring and a digital recording system.
The Town
Clerk explained what was proposed and the benefit of the new system to the
Commission. After a brief discussion,
this item was tabled to the next meeting for more discussion.
The next
item was Resolution No. 2006-18 by the Town Commission for the Town
of Melbourne Beach expressing support for a Historic Preservation Grant
application for the restoration of the Ryckman House.
A
discussion ensued regarding the use of this grant to cover architect and
engineering services to develop plans for the restoration of the Ryckman
House. The Town Manager stated that there
was a great deal of the leg work.
Commissioner Wilson advised that we never tried to restore the Ryckman
House, why would we pay $10,000 to have someone tell us how to restore it.
Vice Mayor
Price stated that we should make it safe and sound. The Town Manager advised that we would have
to adhere to guidelines, eliminating anything that was not part of the original
structure, that we cannot make it something it wasn’t.
Commissioner
Evans asked the Town Manager to look a the difference at what it would cost to
restore and what it would cost for the Town to just go in and do it.
Vice Mayor Price moved to approve
the resolution, upon further review of the grant application, which was
seconded by Commissioner Evans.
Jean
Marshall,
Frank
Thomas,
The motion to submit the application
carried unanimously. Commissioner Wilson commented that he was not
neglecting anything; he believed this Commission has done more regarding the
rehabilitation of the Ryckman House than any other.
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Town Attorney’s Report
Town Attorney Sack advised that he was prepared to submit a
report to the Elections Commission regarding the letter distributed regarding
Steve Walters. He then informed the
Commission of the funeral services for Judge Mitchell Barlow this Saturday at
St. Sebastian’s Church.
Town Manager’s Report
The Town Commission acknowledged receipt of the following
reports from the Town Manager: (1) Action Item Report; (2) Police Department
Monthly Activity Report – October 2006; and (3) Public Works Man-Hour Report – October
2006.
On other items, the Town Manager:
Mayor Stacey thanked
Commander Salvo for all his good work and asked the Town Clerk to prepare a
Proclamation for Lt. Russell Cockriel, thanking him.
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Town Commission Reports
Commissioner Wilson
·
Thanked
the
supporters who voted for the Height Referendum
·
Asked about status of Police Chief? Manager stated he had a court appearance this
month
·
Thanked people who helped with Iceman’s Fall Festival, $500
for Ryckman House repairs was collected
·
Attended
Commissioner
Guglietta
·
Spoke about MPO meeting, regarding widening of
·
League of Cities Legislative Meeting regarding affordable
housing and emergency evacuation.
·
Attended
·
Lots of code violations in Town
·
Taking legal action against Google and misinformed citizens
blog
Vice
Mayor Price
·
Spoke about the Veterans’ Day Ceremony, commending the Parks
Board on a job well done
·
Spoke about the Elections and welcomed newly elected and
re-elected, stating that he knew they would do a great job.
·
·
League’s December meeting at Patrick Air Force Base on
·
Thanked the staff for a job well done
·
Happy Thanksgiving to all
Commissioner
Evans
·
Thanked all the people who worked so very hard to get her
elected
·
Thanked Clerk for providing her with all the information she
needed to assist her tonight
Mayor
Stacey
·
Reminded Commission and staff of the Holiday Party
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The meeting adjourned at
______________________________
William G. Stacey, Mayor
ATTEST:
_____________________________
Lenore R. Milan,
Town Clerk