Town Commission

                                                                                    Regular Meeting

                                                                                    February 21, 2007

 

 

The Town Commission of the Town of Melbourne Beach, Florida, met in regular session on Wednesday, February 21, 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 Commissioner Sandy Wilson.  Absent were Commissioners Paul Guglietta and April Evans. Also present were Town Manager Jim Bursick, 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

 

Vice Mayor Price moved Consent Agenda item b. to Old Business.  It was decided, since two Commissioners were absent to table items a. from the Consent Agenda, as well as all Boards and Committees items, Old Business item a, and New Business c. and g. to be placed on the next regular meeting agenda, which was seconded by Commissioner Wilson.  The motion carried unanimously by those members present.

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Vice Mayor Price moved to approve the minutes of regular meeting January 17, 2007 and the February 7, 2007 Special Call Meeting, with one correction, which was seconded by Commissioner Wilson, as amended.  The motion carried unanimously by those members present.

 

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Consent Agenda

Special Events Applications for the:

  1. 22nd Annual Pineapple Man Triathlon
  2. Brevard County Kite and Music Festival
  3. Sunrise Service

 

Commissioner Wilson made a motion to approve the special event applications, which were seconded by Vice Mayor Price.  The motion carried unanimously by those members present.

 

Presentations by Special Guests

 

Bruce Black, 415 Ocean Avenue, presented the Commission a suggestion to place a couple of banners on pole in the Ocean Avenue business district and Park.  There was a lengthy discussion regarding the type of banners, what they might read, the five-year warranty, stainless steel hardware that would be included, and the possibility that the Rotary Club may be willing to fund this project for the Town.

 

Mayor Stacey stated that it looked good to him.

 

Commissioner Wilson expressed his concerns regarding the small Pubic Works Department receiving additional work, utilizing FPL poles requiring an agreement, the process of taking them down during inclement weather; he stated he felt the Town should not do it

 

Vice Mayor Price stated that he wanted to get a feel for the thoughts of the residents.

 

Ms. Alice Graham, 305 5th Avenue, stated that it was a tasteful welcome to the Town, but was against it.

 

Mr. Thomas Shaw, 406 Riverside Drive, stated that banners would be blah; the Town needed something pretty, large trees, making it cool to walk in summertime, rather than car traffic through Ocean Avenue.

 

Mr. Steve Walters, 416 6th Avenue, advised that Ocean Avenue was not blah, put some trees and plants, flags on Veterans’ Day and Fourth of July, support our veterans.  He spoke about the Christmas decorations, said the Town didn’t have the resources, just put up trees to beautify Oak Street.

 

Ms. Jean Marshall, 410 6th Avenue, congratulated the Town Attorney, and commended

Commissioner Wilson on the research work he did, and stated she didn’t like the banners.

 

Ms. Gail Gowdy, 215 Ash Avenue, stated she was not for it, that there were better ways to spend the Town’s money, more work for Public Works.

 

Commissioner Wilson stated that there was no benefit from it.

 

Vice Mayor Price advised that Mr. Black came forward with an idea, he didn’t need to be personally attacked, we should be in the spirit of encouraging people to come forward.  He said maybe we could send it to a committee, he said he would like to hear more.  It was referred to the Town Manager.

 

Mr. Bruce Black, 415 Ocean Avenue, stated that he just threw out the idea, he did research also, he spoke to other municipalities, Palm Bay has 700 of the banners in their City, he said he just thought it was something nice to do for the Town, just made the suggestion.

 

Mr. Michael Goldenberg, 507 Avenue A, informed that he moved from South Florida four years ago, didn’t want that look here.

 

Ms. Alice Graham, 305 5th Avenue, stated that they need to keep personalities out, to please stop, that we are not a tourist attraction, that Mr. Shaw had a good idea with more plantings.

 

Ms. Gail Gowdy, 215 Ash Avenue, stated that you were trying to get our opinion, didn’t like that they were negative to the idea.

 

Mr. Steve Walters, 416 6th Avenue, stated that 35 minutes were spent on banners, need to check our roads, ten years of storm drain repairs, the Town has done nothing to take care of the flooding.

 

Commissioner Wilson made a motion to instruct the Town Manager not to go any further with putting banners in Melbourne Beach.  The motion died due to a lack of a second.

 

Vice Mayor Price made a motion that we pass a proposal to have the Town Manager to refer the banner idea to a committee of his choosing to get a broader idea of what the people feel, maybe planters and trees, speak with the Rotary Club, bring back to the Commission.  Mayor Stacey seconded the motion.  The motion was 2-1; with Commissioner Wilson saying nay, it didn’t pass.  

 

 

 

Proclamations

 

Mayor Stacey read a Proclamation declaring March as Irish-American Heritage Month in the Town of Melbourne Beach.

 

Non-Scheduled Citizen Comments

 

Ms. Letitia Langord, 407 3rd Avenue, spoke about bigger houses on 60’ lots, side setbacks, and the height ordinance.

 

Mr. James Twigg, Indialantic, spoke about the fundraiser for Dave Genchi, thanked the Commission and Town, stated that there were about 400 people and they raised $20,466.

Mayor Stacey thanked him for the great clean-up after the event. Commissioner Wilson advised that he was there.  Vice Mayor Price spoke about Dave and said he remembers him in his prayers.

 

Mr. John Freates, 1950 Atlantic Street, asked about the palm trees at Breakers East, which were illegal at over four feet high.

 

Mr. Whitelock, Building Official, stated that he has been meeting with the Breakers East regarding the Breezeway Ordinance, on-going for two months,

 

Mr. Dean Darling, 421 6th Avenue, spoke about David Syrkus, a convicted felon, and spoke about his meeting in the interview room of the Police Department on March 23, 2006, stating that his public record request for that video has been denied.  He was advised by the Town Attorney, Gary Sack, that his request was properly answered; the Town could do no further.

 

Steve Walters, 416 6th Avenue, spoke about David Syrkus’ conviction.

 

Ms. Jean Marshall, 410 6th Avenue, stated it was a shame the way Mr. Darling was treated.

 

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Boards and Committees

 

Mrs. Marty Remark, 707 Atlantic Street, advised that the Historical Preservation and Awareness and Parks Boards met this evening to discuss Founders Day, the Historical Preservation and Awareness Board were requesting a spot, they were placing old photos of the early 1900’s, enlarging them, with face cutouts, so that people can take pictures of themselves, trying to make this more historical, wanted the Town’s permission.

 

She advised that they were going to educate residents and students on the history of Melbourne Beach, have a contest for children 6-9 and 10-13 to write a short story or poem of the history in Melbourne Beach, living here in older times.  She advised that they have spoke to the Principals of Gemini Elementary School and home school, that there would be judges and have prizes of $10, $20, and $30, first, second and third prizes totaling $180, which they will have.

  

 

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Public Hearings

 

The first item to be considered was the first reading of Ordinance No. 2006-17 Portable on- Demand Storage containers (PODS).

 

Town Attorney Sack read: Ordinance No. 2006-17 of the Town of Melbourne Beach, Brevard County, Florida, adding Section 7A-57(f) of the Town of Melbourne Beach Code of Ordinances; providing for placement location, height, anchoring, time limits, and maintenance of Portable Temporary Storage Containers; providing for severability; 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 Vice Mayor Price. 

 

There was a discussion regarding emergencies, Town Attorney Sack stated that he would include a provision that the POD can stay the length of the emergency, for the second reading.

 

Ms. Marty Remark spoke about whether the PODS in a driveway would be taken away or tied down during a Hurricane.  The POD would be taken away. 

 

The motion carried, as amended, by those members present

 

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The next item was the first reading of Ordinance 2007-01 FPL.

 

Town Attorney Sack read: Ordinance No. 2007-01 of the Town of Melbourne Beach, Granting to Florida Power and Light Company, its successors and assigns, and Electric Franchise imposing

provisions and conditions relating thereto; providing for monthly payments to the

Town of Melbourne Beach; and providing for an effective date, by title only for first reading.

 

Commissioner Wilson made a motion to approve this Ordinance as presented, which was seconded. 

 

Vice Mayor Price spoke about the cost to go underground and, after storms, the cost to repair and replace, that maybe we should approach Florida Power and Light.

 

Mr. Sandy Sanderson, a Florida Power and Light Representative in the audience advised that FPL has begun revising their plan, in stages, which includes incentives, 25% of investment.  He stated that underground is a good thing, not always the answer. 

 

Ms. Jean Marshall, 410 6th Avenue, said this issue was addressed several years ago; the water table was too high.

 

Ms. Gail Gowdy, 215 Ash Avenue, advised that Planning and Zoning have been looking into this for one year, Member West has done research.

 

Town Attorney Sack advised that at their last meeting, he was asked to prepare an ordinance for requiring Town-wide electric and telephone services to be placed underground.

 

The motion carried by those members present.

 

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Old Business

 

The first item was the discussion and possible action regarding the agreement between the Town of Melbourne Beach and Jones Edmunds – Stormwater Master Plan.

 

There was a discussion regarding increase in the proposed agreement. 

 

Commissioner Wilson stated that he produced the CD that was originally going to cost the Town $15,000 more and the proposal is still more money.

 

Commissioner Wilson made a motion to deny the additional $15,000 because he provided the disk needed.  The motion died due to lack of a second.

 

It was decided that this item be placed on the March 6, 2007 agenda.

 

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The next item was the approval of Budget transfers for FY 2007 related to general liability, property and Workers’ Compensation Insurances.

 

Commissioner Wilson made a motion to approve the transfer of funds, which was seconded by Vice Mayor Price. The motion carried unanimously, by those members present.

 

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New Business

 

The first item was Resolution No. 2007-03 Urging Members of the Florida Legislature to support several issues during the 2007 Legislative Session.

 

Town Attorney Sack read the Resolution in title only, he then read the issues.

 

Vice Mayor Price made a motion to approve this Resolution, which was seconded by Commissioner Wilson.  The motion carried by those members present.

 

Ms. Jean Marshall, 410 6th Avenue, asked at what cost to the Town.  Town Attorney Sack said none and they were all favorable to the municipalities.

 

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The next item was Resolution No. 2007-04 Establishing a policy for the use and rental of the Community Center and Ryckman Park Pavilion. Town Attorney Sack read the Resolution in title only

 

Vice Mayor Price made a motion to approve this Resolution, which was seconded by Commissioner Wilson. 

 

Commissioner Wilson stated that he had a problem with the addition of the Melbourne Beach Improvement Company, which is a for-profit organization, owned by the Remark family, that all the others listed are non-profit organizations.  He advised that if we allow one for-profit, we will need to allow all for-profits.

 

Ms. Marty Remark advised that it was a for-profit, but, they were having a meet and greet and game night, she said she did not feel good to use it under her Board and withdrew it.

 

The motion carried by those members present.

 

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The next item was discussion and possible action Agreement between Town of Melbourne Beach and St. Johns River Water Management District– Pedway Corrective Action Plan Project

 

Town Manager Jim Bursick advised that St. Johns River Water Management District will contribute $77,000 to this project; they want to review what is to be done.  He stated that C & D Construction is willing to consider performing this work for the original price, which would save $46,000, estimated in the agreement.

 

Vice Mayor Price made a motion to authorize the Town Manager to move forward with the agreement with St. John’s Water Management District, which was seconded by Mayor Stacey.

 

Commissioner Wilson congratulated the Commission and spoke about Outlaw Jones; that they subbed-out the supervision, that C & D, Curtis Deen, did all the work.  The entire project is $198,800 plus $30,000 for the Engineers.

 

Vice Mayor Price stated that we have to get this done.  The motion carried by those members present.

 

Mr. Steve Walters, 416 6th Avenue, advised that they should be bonded with liability insurance, that the Commission should enforce the Bond.

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The next item was discussion and possible action regarding side setback requirements on 60’ wide residential building lots, as requested by Vice Mayor Price.

 

Vice Mayor Price spoke about the Commission approving, at a previous Commission meeting the demolition of an old residence to be replaced with a $200,000 house, with over 3,000 square feet under air, which meets our codes for setbacks and height, he stated that what bothered him was the fact that it would be 30’ wide and 80’ long.  He said that he didn’t know if that was what we wanted our community to look like.

 

There was a discussion regarding the setbacks at 10’ on 60’ lots. 

 

Vice Mayor Price made a motion to request the Planning and Zoning Board review of small lots, present a written recommendation, which was seconded by Mayor Stacey.

 

Commissioner Wilson requested they poll people living in the 60’ lots and see how they feel.

 

Ms. Gail Gowdy, 215 Ash Avenue, advised that this has been in front of the Planning and Zoning Board, look into reviewing this during the Visioning Process.  She said the Town needs to think ahead, what the Town residents want.

 

Ms. Alice Graham, 305 5th Avenue, spoke about the uniqueness of our Town, this is the reason she came here for the privacy and breezes, we should be upholding the codes.

 

Ms. Jean Marshall, 410 6th Avenue, spoke about the lots staying the same.

 

Ms. Letitia Langord, 407 3rd Avenue, stated that not all people want big houses, start to establish a precedent, then they know in advance what restrictions are.

 

Ms. Xochitl Ross, 1106 Atlantic Street, spoke about her 25’ wide house, the beautiful cross ventilation, good Florida living.  She advised that when you change the code, you have to visualize it completely built-out, good for real estate values.

 

Ms. Carol Chlada, 415 3rd Avenue, spoke about the lovely houses; they knew the restrictions when they bought them, why can’t they live with it.

 

Ms. Alice Graham, 305 5th Avenue, stated that we cannot have out sized houses.

 

Ms. Gail Gowdy, 215 Ash Avenue advised that the Commission should speak with Planning and Zoning Board Chairman David Campbell regarding what was discussed within the last two months.

 

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The next item on the agenda was the discussion and possible action regarding the Ocean Avenue Redevelopment Plan.

 

Commissioner Wilson made a motion to table this item, which was seconded by Vice Mayor Price.  The motion carried by those members present.

 

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Town Attorney’s Report

 

Town Attorney Sack stated thanked the Commission for their confidence in assuming the position as permanent Town Attorney.

 

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 – January 2007;

(3) Public Works Man-Hour Report – January 2007; (4) Code Enforcement Activity Report; (5) Building Department Permit Report

 

On other items the Town Manager spoke about the Financials. He advised that there is a meeting scheduled for Monday, February 26, 2007 at 3 P.M. at Florida Today Community Room to discuss the Property Tax Reform issue to hear public testimonies in that regard.  He stated that this will have a major impact on the Town, that nothing has been decided, but something is going to happen which will impact our 2008 budget.

 

Town Commission Reports

 

Vice Mayor Price

Vice Mayor Price spoke about the property tax reform and the effects it would have on the Town of Melbourne Beach.

 

Vice Mayor Price spoke about the pier refurbishing, that it has improved so much, they did a great job, that all projects are going real well, things are happening, less contention, the Town is moving forward.

           

Commissioner Wilson

Commissioner Wilson asked about the Police Report regarding the number of calls.

Commander Salvo advised that they were correct.  He said there are two new Sergeants, which are being mentored by the Lieutenant, that it is a young department and everything is running well.  

Commissioner Wilson thanked the Commander.

 

Commissioner Wilson asked the Code Enforcement Officer about looking for any code violations.  Mr. Whitelock, Code Enforcement Officer, replied that he is and several violations have already complied.

 

Vice Mayor Price stated that there is quite a bit of activity, much improvement and thanked Mr. Whitelock.

 

Mayor Stacey

Mayor Stacey thanked the Town Manager, Attorney, Clerk and Building Official for all their good work. 

 

The meeting adjourned at 9:15 p.m.

 

 

                                                                                    ______________________________

                                                                                             William G. Stacey, Mayor

 

ATTEST:

 

 

_____________________________

    Lenore R. Milan, Town Clerk