Town Commission

                                                                                    Regular Meeting

                                                                                    January 17, 2007

 

 

The Town Commission of the Town of Melbourne Beach, Florida, met in regular session on Wednesday, January 17, 2007, in the Community Center, 509 Ocean Avenue, beginning at 6:30 p.m.

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In attendance were Mayor William Stacey, Vice-Mayor Donnie Price, and Commissioners Paul Guglietta, April Evans, and Sandy Wilson.  Also present were Town Manager Jim Bursick, Interim Town Attorney Gary Sack, and Town Clerk Lenore R. Milan.

 

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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.

 

Changes to the Agenda

 

Commissioner Wilson moved Consent Agenda item e. to New Business and combined VII a. with VIII a. and X. A. regarding the History Center Board after Approval of Minutes, which was seconded by Commissioner Guglietta.  The motion carried unanimously.

 

VII.         a. Plaque to Williams Building Ad Hoc Committee

VIII.       a. Proclamation to Williams Building Ad Hoc Committee

Mayor Stacey presented the Williams Building Ad Hoc Committee with a Plaque and Proclamation in Appreciation for their dedication to preserving the Williams Building.

     X.  a. Appointment of History Center Board Members

                Appointment of the History Center Board Members.  Mr. Frank Thomas was

                appointed along with the current Williams Building Committee Members.

           

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Vice Mayor Price moved to approve the minutes of regular meeting December 13, 2006, and the February 6, 2006 Workshop Meeting with the Planning and Zoning Board, which was seconded by Commissioner Wilson.  The motion carried unanimously.

 

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Consent Agenda

Interlocal agreement between the Town of Melbourne Beach and Brevard County for fire dispatching services.  Approved to authorize Town Manager to sign Interlocal agreement.

 

Approval of the rankings for Professional Services to update the Stormwater Master Plan.  Approved as presented, Town Manager Bursick authorized to initiate contract negotiations with Jones Edmunds & Associates, Inc. to complete this work.

 

Amendment of Administrative Policies and Procedures Manual regarding compensatory time.  Approved to add the Building Official as those employees eligible to receive compensatory time.

 

Residential site plan review for 307 Oak Street, as requested by John T. Hartley.  Variance granted by the Board of Adjustment at its  November 16, 2006 meeting.  Approved as presented.  Mr. Hartley will construct a single-family residential structure.

 

Proclamation

 

Mayor Stacey read a Proclamation declaring April 27, 2007 as Arbor Day in the Town of

Melbourne Beach.

 

Non-Scheduled Citizen Comments

Mr. John Freske, Breakers West, spoke about the Palm trees blocking his view of the ocean by Breakers East.

 

Mr. Frank Thomas, 606 Atlantic Street, spoke about the Steeple for St. Sebastian’s Church and commended Mr. Whitelock for his fine work regarding the code violation on the steeple.

 

Boards and Committees

The first item to be considered was the re-appointment of the Code Enforcement Board Member Charles Baird and Alternate Member K.M. “Kendall” Beckman for three-year terms ending January 11, 2010. 

 

Commissioner Guglietta made a motion to approve the re-appointments, which was seconded by Vice Mayor Price.  The motion carried unanimously.

 

The next item to be considered was the re-appointment of the Historical Preservation & Awareness Board Members, Chairperson Martha Remark, Vice Chairperson Linda Rydson, John Gurecki and Susan Dieterle.  Also, the re-appointment of non-resident members Don Riordan, Jr. and Thomas Wheat for one-year terms expiring January 17, 2008.

 

Vice Mayor Price made a motion to approve the re-appointments, which was seconded by Commissioner Guglietta.  The motion carried unanimously.

 

The next item to be considered was the re-appointment of David Campbell, Chairman of the Planning & Zoning Board for a three-year term expiring January 17, 2010.

 

Commissioner Guglietta made a motion to approve the re-appointment, which was seconded by Vice Mayor Price.  The motion carried unanimously.

 

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Public Hearings

 

The first item to be considered was the first reading of Ordinance No. 2006-13 Breezeways.

 

Interim Town Attorney Sack read: Ordinance No. 2006-13 of the Town of Melbourne Beach, Brevard County, Florida, amending Section 7A-65 of the Town of Melbourne Beach Code of Ordinances; providing for the applicability of Section 7A-65 to all Zoning Districts having ocean frontage; providing for repeal of Ordinances or parts of Ordinances in conflict herewith; and providing an effective date, by title only for first reading.

 

Commissioner Wilson made a motion to approve this Ordinance, which was seconded by Commissioner Guglietta.

 

There was a discussion regarding the breezeways, were they east to west or north to south.  The Town Manager advised that we were restricting anything over four feet tall.  A discussion ensued regarding the dune line and the effect of this change in Ordinance when the storm winds come through. 

 

Ms. Marty Remark, 707 Atlantic Street, spoke about her property on the ocean, and how this change would affect it.

 

Vice Mayor Price made a motion to table this Ordinance and schedule a joint workshop with Planning & Zoning Board, which was seconded by Commissioner Evans.  The motion carried unanimously.

 

Mr. Arthur Belafant, 305 Oaks Street, stated that he was happy this item was tabled.

 

Ms. Tina Murphy 1211 Atlantic Street, asked to be notified of this meeting,

 

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The next item was the first reading of Ordinance 2006-14 Itinerant Merchants.

 

Interim Town Attorney Sack read: 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 (Tabled at the November 15, 2006 Commission Meeting) by title only for first reading.

 

 

Commissioner Wilson made a motion to approve this Ordinance as presented, there being no second, the motion died.

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New Business

 

The first item was the discussion and possible action regarding the installation of parking meters throughout the Town.

 

Mayor Stacey spoke about the cost to install these parking meters, providing free passes to residents and the potential revenue this would bring the Town, that the cost may not warrant the installation of the meters.

 

Commissioner Evans agreed with the Mayor and stated that she didn’t believe the potential revenue would be substantial to offset the Town’s expenses.

 

Commissioner Guglietta made a motion to table this item, which was seconded by Vice Mayor Price.  The motion carried unanimously. 

 

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The next item was the Agreement between the Town of Melbourne Beach and Jones Edmunds & Associates, for engineering services to implement the corrective action plan for the Oak Street Pedway Project.   Town Manager Bursick advised the Commission that this item was discussed at the last Commission meeting.  There was a discussion regarding the cost for this corrective action. 

 

Vice Mayor Price made a motion to authorize implementation of this corrective action plan, stating that it shall not exceed $33,125, which was seconded by Commission Wilson.

 

There was a discussion regarding St. John’s Water Management District and their interest in contributing to this project, to work as a team. 

 

The motion carried unanimously.

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The next item was the discussion and possible action regarding Article II, Sections 2.03, 2.09 and Article V, Section 5.01, 5.02 and 5.03 of the Town of Melbourne Beach Charter. (As requested by Commissioner Guglietta).

 

Interim Town Attorney Sack read the related Town of Melbourne Beach Charter Articles regarding Elections.

 

Commissioner Guglietta advised that Indialantic numbered their seats; that the Mayor is

the only seat that runs independently.  He stated that he felt the Town Commission should also run for a particular seat.  There was a discussion as to whether there would need to be a change in the Charter and at what cost.

 

Mr. Frank Thomas, 606 Atlantic Street, informed the Commission that he was very

familiar with Charters on a municipal level, that is why there are Charter Review Boards.  He suggested that the Commission adopt a Charter Board.

 

Mr. Bill Hoskovec, 526 Avenue B, questioned whether they would be at large or districts?  Commissioner Guglietta stated that they would be at large seats.  Mr. Hoskovec stated that that would give the Commission accountability.

 

Town Manager Bursick was asked to do a survey of surrounding municipalities, then report back to the Commission.

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The next item was the discussion and possible action regarding Chapter 48 Noise Control. (As requested by Commissioner Guglietta).

 

There was a discussion regarding the times and what days would be restricted.

 

No action was taken on this item at this time.

 

Mr. Jim Simmons, 409 Avenue B, spoke about restriction of loud parties; he stated that it is not designed to shut down people when renovating or painting, any temporary situations, people should just live with it.

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The next item was discussion and possible action regarding the Ocean Avenue Redevelopment Plan. (As requested by Commissioner Evans).

 

Commissioner Evans spoke about why she presented this to the Commission.  There was a discussion regarding the commercial district’s future development, that back in 2000 the Town found itself with the prospect of having commercial businesses the Town did not want to have.  She stated that this went to the Planning and Zoning Board, but was never approved.

 

There was a discussion regarding certain portions of the plan, and the possibility of their elimination, that other portions contained excellent verbiage; that the Town wanted to see more Mom and Pop stores with the prohibition of formulas stores.  It was decided that the Visioning process was a wonderful avenue to review this, but that that it would take 18-24 months before anything would be done to Ordinances as a result of that process.

 

The Commission spoke of submitting this to the Planning and Zoning Board, with the elimination of certain parts that are controversial, with a turnaround of 30 days, with advertising ten days prior to the first reading, and have something in our books in less than 90 days, then understanding through the visioning, the plan would be refined.

 

Town Manager Bursick advised that we allow 60 days, get direction as to what the Commission would like to see, we can then focus on those issues. 

 

Vice Mayor Price stated that that was an excellent idea, we would then have a workshop with the residents.

 

Commissioner Evans advised that the end result of the workshop, we would review architecture styles and color, focus on size of businesses.  She stated that a potential for us to be looked at is coming; she said she would hate to see us wait; we should check what is in this plan and clarify.  

 

Commissioner Evans made a motion to send this Ocean Avenue Redevelopment Plan to the Planning and Zoning Board, with a response from them in 60 days, which was seconded by Commissioner Guglietta.  

 

Ms. Marty Remark, 707 Atlantic Street, stated that she was here when this was first discussed; she hoped the Town would get wide sidewalks.  She said it was a good idea to have the Planning and Zoning Board tweak it, especially when we are looking at a year to year and one-half for the Comprehensive Plan, good that we are giving them a deadline.

 

Mr. Bill Hoskovec, 526 Avenue B, stated that they should encourage the Board not to hold back on architectural changes, consider what the people say, what they want to see when they come to our Town.

 

Mr. Steve Walters, 416 6th Avenue, spoke about the Walgreens and Chevron station, the prospect of running small businesses out of Town.

 

Commissioner Wilson spoke about the Town Center East & West, tried to create an historical district, but it didn’t fly with people living in the homes.

 

Vice Mayor Price spoke about this going to the Planning and Zoning Board, starting almost from scratch.

 

The motion passed to present this Plan to the Planning & Zoning Board for their review, and to receive their feedback within 60 days.   The motion carried unanimously.

 

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The next items were Resolution 2007-01 relating to the Apollo Road Extension, and Resolution 2007-02 relating to the Widening and Reconstruction of Palm Bay Road. (As requested by Commissioner Guglietta).

 

Interim Town Attorney Gary Sack read the Resolution 2007-01:

A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, RELATING TO THE APOLLO ROAD EXTENSION PROJECT AND THE FLORIDA DEPARTMENT OF TRANSPORTATION WORK PROGRAM FOR FISCAL YEAR 2007/2008 THROUGH FISCAL YEAR 2011/2012; MAKING FINDINGS; REQUESTING THE Florida Legislature, the Florida Department of Transportation AND the Florida Transportation Commission RESPOND TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FISCAL YEAR 2007/2008 THROUGH FISCAL YEAR 2011/2012   TENTATIVE WORK PROGRAM BY REINSTATING STATE FUNDING FOR THE apollo boulevard extension AND PROPOSING INNOVATIVE FINANCING APPROACHES FOR TIMELY PROJECT COMPLETION; PROVIDING FOR AN EFFECTIVE DATE.

 

Interim Town Attorney Gary Sack then read Resolution 2007- 02:

A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, RELATING TO THE WIDENING AND RECONSTRUCTION OF PALM BAY ROAD AND THE FLORIDA DEPARTMENT OF TRANSPORTATION WORK PROGRAM; MAKING FINDINGS; REQUESTING THE Florida Legislature, the Florida Department of Transportation AND the Florida Transportation Commission revise the tentative FLORIDA DEPARTMENT OF TRANSPORTATION WORK PROGRAM FOR FISCAL YEAR 2007/2008 THROUGH FOR FISCAL YEAR 2007/2008; REQUESTING THAT THE FUNDING FOR THE PALM BAY ROAD WIDENING AND RECONSTRUCTION PROJECT BE RESTORED TO FISCAL YEAR 2007/2008; REQUESTING THAT CONSTRUCTION BEGIN IN FISCAL YEAR 2007/2008; PROVIDING FOR AN EFFECTIVE DATE.

 

Commissioner Guglietta, as the Metropolitan Planning Organization representative for the Town, explained the purpose of these Resolutions.  He stated that everyone uses Palm Bay Road; that it is deteriorating rapidly, that the widening and reconstruction plan was approved five years ago, that construction was supposed to start this year.

 

Commissioner Guglietta advised that now, without consulting those involved, Florida Department of Transportation changed the project to 2012, meanwhile local businesses involved were already preparing.  He advised that these Resolutions would show support for these projects to begin, as originally planned, this year.

 

Vice Mayor Price stated that it is very important to the health of our community, this has an impact on everyone, if we had this delay, could you imagine the bad shape Palm Bay Road would be in by 2012.

 

Commissioner Wilson made a motion to approve both Resolutions, supporting these projects to begin this year, which was seconded by Vice Mayor Price.  The motion carried unanimously.

 

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The next item is Special Events Application for the Fundraiser for the Dave Genchi Recovery Fund.

 

Town Manager Bursick explained this event; that Dave Genchi is a resident of the Town who had an accident while snowboarding, leaving him paralyzed, he stated that it went to the Parks Board and they did not approve the selling of alcoholic beverages.

 

Mayor Stacey spoke about the possibility of picking up the tab for the cost of the Police Department’s time and the Liability Insurance.  

 

Vice Mayor Price stated that Mr. Genchi lived on his block; that he is one of our own and we should fully support this event.

 

Vice Mayor Price made a motion to approve this Special Event Application, to include the selling of alcoholic beverages, which was seconded by Mayor Stacey.  The motion carried unanimously.

 

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The next item was the authorization for the Town Manager to renew the medical and dental plans for the Town’s employees.

 

Commissioner Wilson stated that health insurance costs are high, he said he worried about people with children, that this might be a good place to give a benefit to our staff, have the Town pick-up ½ the cost for employee’s spouse and children.  He stated that the Police Department  employees already have this benefit, and that we might raise theirs to ¾ of the cost.

 

The Town Manager was asked as to how much would this benefit cost the Town.  It was decided that Town Manager Bursick and the Town Accountant meet with our Insurance agent to discuss alternative options.

 

Mr. Steve Walters 416 6th Avenue, suggested that the Commission get all the figures, that it may be more equitable to include all employees in the Town, with ¾ for the police Department. 

 

Mr.  Bill Hoskovec, 526 Avenue B, advised that the ½ dependent was negotiated for the Police Department, that it would be wise to have it for all employees.

 

This item will be back on the next Commission agenda.

 

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Town Attorney’s Report

 

Town Attorney Sack stated that he didn’t have anything to report at this time.

 

 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 – December 2006;

(3) Public Works Man-Hour Report – December 2006; (4) Code Enforcement Activity Report; (5) Fire Department Balance Sheet for first quarter, and  (6)  Building Department Permit Report

 

On other items the Town Manager advised that the Financials for first quarter were completed, that the Pier project finished today and the sound system will be installed next week.

 

He advised that the Visioning Meeting would be on Tuesday, January 30, 2007 at 7 P.M. in Community Center.  He stated that the Town Attorney advertising has concluded, and we received a total of 12 proposals, this item will  be placed on February’s agenda.

 

Town Manager Bursick asked about some possible dates for a joint workshop with the Historic Preservation and Awareness Board and Town Commission.  

 

Mayor Stacey recommended 5 P.M. before regular Commission meeting on February 21, 2007. 

 

Town Manager Bursick then advised that the Summit meeting is this Friday, and he was attending with Mayor Stacey.  He reminded the Commission that, at its February meeting, we would need to include the Citizen and Junior Citizen of the Year Selection Committees on the agenda.

 

 

 

Town Commission Reports

           

Commissioner Wilson

Commissioner Wilson asked about the Boomerang property.  The Town Manager advised that there was a conceptual site plan, there was still a lot of work to do, that they will re-open as a restaurant with a small retail shop; that no more permits will be issued until we receive the entire site plan.

 

Commissioner Wilson spoke about a car accident on Christmas evening, he watched the good work performed by Police & Fire Departments, and commended them on the professional job.

 

Commissioner Guglietta

Commissioner Guglietta spoke about the yard waste pick-up problem; that residents

must call for a pick-up, and it doesn’t always get removed, that the service has deteriorated.  He then advised that there will not be a MPO meeting this month; that he did meet with the South Beaches Coalition for their support on the two Resolutions previously approved by Commission.

 

Commissioner Guglietta spoke about the Ocean Ave blinking lights; that they are helping to eliminate speeding, he commended the Police Department.

 

Commissioner Evans

Commissioner Evans stated that she had nothing to report at this time.

 

Vice Mayor Price

Vice Mayor Prices spoke about the hectic Holiday season, he said the last League meeting was short, they did have the Installation of Officers; and he was appointed Second Vice President.  He reminded the Commission that  Legislative Day is March 28, 2007.

 

Mayor Stacey

Mayor Stacey thanked the Town Manager, Attorney, Clerk and Building Official for all their good work.  He advised that he would be attending the Summit Meeting on Friday, and the Central Florida Mayors’ Meeting.  He stated that he received daily calls from residents for one issue or another.

 

The meeting adjourned at 9:15 p.m.

 

 

                                                                                    ______________________________

                                                                                             William G. Stacey, Mayor

 

ATTEST:

 

 

_____________________________

    Lenore R. Milan, Town Clerk