Town
Commission
Regular
Meeting
The Town Commission of the Town of Melbourne Beach, Florida,
met in regular session on
***
In attendance were Mayor
***
Mayor
Stacey called the meeting to order and offered the invocation. The entire assembly recited the Pledge of
Allegiance to the Flag.
Changes to the Agenda
The
Commission moved the Presentations and Proclamation up to the first items on
the agenda.
Mr. Charles
Kelly, from Click It or Ticket,
presented the Police Department with an Award for coming in Second Place
in the Florida Law Enforcement Challenge, Category I, he also spoke about the
traffic sign they were awarded.
Commander Salvo introduced the two newly appointed
Sergeants; Sgt. Rick Dovale and Sgt. Matt Smith. They were congratulated by Mayor Stacey and
the Commission.
Mayor
Stacey presented Lieutenant Russell Cockriel of the Brevard County Sheriff’s
Department with a Proclamation from the Town, with appreciation for his
assistance in the Sergeant’s Promotional Examination.
Dennis
Ragsdale, of Ragsdale Planning Group, presented an overview of the Visioning
& Evaluation and Appraisal Report processes. He advised the Commission that there will
need to be public hearings, with the Planning and Zoning Board and the Town
Commission. He stated that it would take
at least a year to finish the process, that he was preparing a notebook that
would explain the process. There was a
discussion regarding the holding of workshops with the residents of the
Town. Mr. Ragsdale advised the
Commission that he would have a summary of what we will be going to do.
***
Mr. Belfatto, Sr. ,
***
Commissioner Wilson requested the Town
Clerk elaborate on the comment regarding the Ryckman House Grant, stating that
he believed this Commission has done more regarding the rehabilitation of the
Ryckman House than any other.
Commissioner Guglietta
moved to approve the minutes of regular meeting
***
Five-Minute Recess
***
Boards and Committees
First item to be considered was the re-appointment of Commissioner
Paul Guglietta to the Metropolitan Planning Organization The appointment of
Commissioner
The
next item to be considered was the re-appointment of the Environmental Advisory
Board Members Curtis Byrd, Phillip Venanzi, Rita Karpie, and Alternate Member
Scott Herber for two-year terms expiring
Vice Mayor Price made a motion to
approve the appointment and re-appointments, which was seconded by Commissioner
Guglietta. The motion carried
unanimously.
***
Public
Hearings
First to be considered was the second reading of Ordinance
No. 2006-16 Creating a History Center Board.
Interim Town Attorney Sack read: AN 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 REPEAL OF CERTAIN ORDINANCES OR RESOLUTIONS
INCONSISTENT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE by title only for second reading.
Vice Mayor Price moved
for approval upon second reading. Commissioner Wilson seconded the motion.
Commissioner Wilson discussed the lease the Town has with
the County for that building, at $1.00 per year for 25 years. He commented that they would now be a full
advisory board and will have to report to the Town Manager. He asked that the Ordinance be amended to
reflect this.
Vice Mayor Price stated that the Town Manager would work
directly with the Board and he would then bring any recommendations to the
Commission before it is implemented.
The motion carried
unanimously, as amended.
***
Old
Business
The first item was the discussion and possible action
regarding the selection of a sound
and
recording system. Vice Mayor Price advised
that this was one persistent complaint at many meetings that the audience could
not hear what people were saying, that
this had a direct affect on regular participation, has been going on five years
and before. He said it was critical to
have a system where everybody in the room can hear. There is a new healthy spirit in the Town. Vice Mayor Price stated that we had two
options, use the $1,000 in Clerk’s Capital Outlay Budget and the balance would
come from Contingency or we appropriate the money from the fund balance
reserves. There was a discussion
regarding the funding and seeking advice from the Town Accountant.
Commissioner Guglietta made a motion
to transfer $8,500 from Contingency and place in Clerk’s Capital Outlay Budget
line item, which was seconded by Vice Mayor Price. The motion carried unanimously. The Town Clerk will contact ProSound who will
provide the equipment, wiring and digital software package, including
installation.
***
The next
item was a discussion and possible action regarding the Pedway Corrective
Action Plan
Mayor
Stacey spoke about Outlaw & Jones’ completing the job poorly. He then gave Mr. Curtis Deen, President of C
& D Construction, Inc., the opportunity to speak about his work, as the
sub-contractor, on the Pedway project.
Mr. Deen
advised that C & D Construction had performed the job as instructed. He stated that there was still an outstanding
balance due his company.
The Town
Manager advised the Commission the different levels, if we want to do
everything the cost would be approximately $170,000, with possible
reimbursement. He stated that we were
past the point that it would definitely be reimbursable. The Town Manager informed the Commission
that Outlaw and Jones offered to do $5,000 worth of work, with C & D at
$18,000, and we had $30,000 budgeted.
Commissioner Wilson stated that the Commission
should take out of the Reserve Funds and get it done. He then made a motion to move enough funding
out of the Reserve Fund to do this project, which was seconded by Commissioner
Guglietta.
There was a
discussion regarding pursuing the breech of contract, filing a demand letter to
Outlaw and Jones, and then move forward.
Commissioner Wilson made a motion to
remove funds from the Reserve fund not to exceed $200,000, which was seconded
by Commissioner Guglietta.
Mr. Curtis
Deen of C & D Construction remarked that they did not design the project, only
constructed it as instructed, that there were items that were not even in the
original contract. He stated that the
biggest problem was the pipe wrap. He
advised the Commission that he completed other projects for the Town, such as
Mr. Deen
stated that this contract was with Outlaw & Jones, which included an
outside inspector. He advised that he
would take care of the swales. There was
a discussion regarding the pipes.
Mr. Steve Walters,
The motion carried
unanimously.
New Business
The first
item was Resolution No. 2006-21 establishing a policy for the use and rental of
the Masny Room.
Vice Mayor Price made a motion to
approve this resolution, which was seconded by Commissioner Guglietta.
There
was a discussion regarding residents, in the past, feeling that they should
have the room for free. That it was
reduced for residents and that the Town Manager can decide if a fee can be
waived.
Vice
Mayor Price stated that with this proposed policy we have made every effort for
the community based groups.
Commissioner
Guglietta stated that if the Town Manager determines he could waive the fees,
it would not include the deposit, damage and clean-up or key fees.
The motion carried unanimously.
The
next item was Resolution No. 2006-22 establishing a policy for the use and
rental of the Community Center and Ryckman Park Gazebo.
Interim
Town Attorney Sack read: A RESOLUTON OF
THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, ESTABLISHING A POLICY FOR
THE USE AND RENTAL OF THE MELBOURNE BEACH COMMUNITY CENTER AND PAVILION IN
RYCKMAN PARK; SETTING FEES AND DEPOSITS; PROVIDING FOR WAIVER OF SAID FEES AND
DEPOSITS; PROVIDING FOR CERTAIN PROCEDURES FOR USE AND RENTAL OF THE
FACILITIES; PROVIDING FOR REPEAL OF CERTAIN INCONSISTENT RESOLUTIONS; PROVIDING
AN EFFECTIVE DATE
Commissioner Guglietta made a motion
to approve this Resolution, which was seconded by Vice Mayor Price.
Commissioner
Wilson commented about the first-come-first –served basis on the gazebo, that
it may be used, if not already reserved.
Vice
Mayor Price stated that they were for general use unless reserved.
The motion carried unanimously.
Town Attorney’s Report
Town Attorney Sack stated that he enjoyed the League Dinner
and thanked the Commissioner for the invitation. He advised that the Board of Adjustment would
be the last meeting of the year and wished everyone a Merry Christmas and a
Happy New Year.
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 – November 2006; and (3) Public Works Man-Hour Report –
November 2006.
On other items, the Town Manager:
Advised on the Financial
Report through October 2006, the Town collected $75,057.
Informed that the Auditors will be
coming in January.
Advised that the Pier project was
awarded and the start date was January 2, 2007; that the dock will be closed,
with an anticipated completion date of
He informed the Commission that he
had met with the County regarding extension of Pedway. Vice Mayor Price stated that since the Town
Manager would be meeting with the County, maybe we could partner on the
Town Commission Reports
Commissioner Guglietta
Commissioner Guglietta advised the
Commission that he was attending the MPO Meeting tomorrow. He then advised there will need to be a South
Beaches Coalition Meeting scheduled. He
spoke about benefits in completing the Pedway.
Commissioner Guglietta thanked
everyone for their support, and stated that he looked forward to serving the
Town
Commissioner Evans
Commissioner Evans stated that she
had attended the function Monday, very nice people there, and she had a good
time. She spoke about appearing not to
ask a lot of questions, stated she spoke to Manager, Attorney and Clerk to get
answers needed.
Vice Mayor Price
Vice Mayor Price advised that it was
the largest turnout for the League meeting about 200 people, held at Patrick
AFB, they were wonderful hosts, that it is considered a Christmas Party, good
time to meet and exchange business cards.
He spoke about the Sunshine Law, how no two members of the Commission
can sit down and discuss anything that they believe will come before the
Commission for a vote, at this meeting we can bounce items off someone who may
be struggling with same problem. A time
to receive ideas and points of view. He noted that we had very good
representation of our Town.
Vice Mayor Price said things seem to be going very well in
Town Hall, good feeling in Town, staff are good people, busy working, no
contention, no stress, everybody in good spirits, get greeted, feeling good
about living in our Town. He then wished
a Merry Christmas and Happy New Year to all.
Commissioner Wilson
Commissioner Wilson asked the Town Manager to make sure it
is clear that the Town Commission will be receiving a quarterly report
regarding the History Board from the Town Manager, and he will get the History
Board’s input, and report to the County and Town Commission.
Mayor Stacey
Advised the Commission that he will be attending the Mayor’s
Meeting. He informed that the Mayor of
Daytona Beach passed away.
Mayor Stacey said that presently our Town has the best
staff, Fire Department, Police Department, Public Works and staff, a blessing. He reminded about the Parade
The meeting adjourned at
______________________________
William G. Stacey, Mayor
ATTEST:
_____________________________
Lenore R. Milan,
Town Clerk