Town Commission

                                                                                    Special Call Meeting

                                                                                    February 28, 2007

 

The Town Commission of the Town of Melbourne Beach, Florida, met for a Special Call Meeting on Wednesday, February 28, 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, Town Attorney Gary Sack, William Whitelock, Building Official and Town Clerk Lenore 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.

 

Mayor Stacey spoke about the need to make the appointment of the Alternate to the Space Coast League of Cities.  Vice Mayor Price nominated April Evans as the Alternate, which was seconded by Commissioner Guglietta.  The motion carried unanimously.

 

Commissioner Wilson requested a change in the agenda, to move item IV to III.

 

The first item on the agenda was the discussion and possible action concerning the Board of Adjustment Meeting on Thursday, March 1, 2007, which had been requested by Commissioner Wilson.

 

Commissioner Wilson stated that, per his conversation with Town Attorney Sack, the purpose of the Board of Adjustment Meeting scheduled for March 1, 2007, was to consider re-hearing the variance application for the Chevron Station, that if that re-hearing doesn’t take place, should the Board vote not to grant the re-hearing or no change is made in original ruling, it may be the determination of the Town Commission that it wasn’t satisfied with the ruling of the Board of Adjustment

 

There was a discussion regarding the 30-day rendition timeframe, with the date of February 2, 2007 as the order date with expiration on Sunday, March 4th, with the last day to file on Monday, March 5, 2007.  That the clock would start 30 days after the re-hearing was granted.

 

Commissioner Wilson stated that in order to protect that possibility, and the Town wishes to

authorize an appeal, the Town Attorney would be able to have an appeal filed.

 

Commissioner Guglietta stated that the Board of Adjustment didn’t have any procedural law

violation.

 

Mr. Thomas Shaw, 406 Riverside, stated that everything was done legally, Board rendered their judgment, there has to be a rationale.

 

Mr. Steve Walters, 416 6th Ave, no hardship was shown, the Boards are not being trained properly, should have the Town Manager and Town Attorney do their job.

 

Ms. Geneva, 610 Mango Dr, spoke about the indecisiveness of everyone, and how the citizens run the Town, the citizens signed the petition, and how the gas station helped everyone during the Hurricanes  

 

Mr. Thijs Stelling, owner of 904 Oak Street Chevron Station, stated he was very disappointed, that he has spent $29,000, spoke with the Town Manager and Town Planner, that he received his letter at 2:15 P.M. and will not be able to have his people who represented him ready in such short notice, and that he was never told of a 30-day notice.

 

Mr. Bruce Black, 415 Ocean Ave, spoke about a possible re-hearing being held tomorrow, asked if the people in the 500 foot radius were notified, stated he listened to the tape, that this station could  be placed on this property, to give the applicant a fair chance.

 

Town Attorney Sack advised that Member Gowdy made a motion to ask the Board of Adjustment to re-hear the Chevron variances, that while they believe they made an error in substantial law, there is no new evidence.

 

Mr. Black asked about the residents being noticed.  The Attorney stated that they had due notice.

 

Ms. Jean Marshall, 410 6th Ave, advised she was in favor of the gas station staying, but what would happen if the Board overturns it?

 

Town Attorney Sack advised that if the Board rules there was an error and denies the variances, it is the Final Order in this matter, Mr. Stelling could appeal through Circuit Court.

 

There was a discussion regarding authority for the Town Commission to file an action in court against the board of Adjustment, challenging the ruling.  That a chain of command in procedures needed to be followed.

 

Town Manager Bursick stated that a Special Call Meeting could be held based on information, person who called the meeting wasn’t going to be there.  He said Chairman Schaefer called this Special Meeting.

 

Commissioner Guglietta asked questions of Mr. Stelling.

 

Mr. Stelling stated that he wanted to rebuild, the building was falling down.  He spoke about digging up the tanks; that it will now cost more.  Upon being asked if he had intentions to sell, he said his intention was to stay in Town.

 

Commissioner Guglietta asked the Town Manager if there were any inquiries about any liens regarding this property, he replied yes, a Title Company contacted the Town. Upon being asked if there were any potential buyers, the Town Manager stated yes, Walgreens.

 

There was a brief recess.

 

Commissioner Guglietta stated that Walgreens was interested in this property; that Mr. Stelling didn’t want to sell his property, he wants to stay in Melbourne Beach, he has asked to cleanup his business, has agreed to everything that was asked of him.

 

Commissioner Wilson made a motion that, if the Board of Adjustment reverses their decision, the Town Commission can take them to court.  The motion died due to a lack of a second.

 

The next item on the agenda was the discussion and possible action regarding “Pending Ordinance Doctrine”.

 

Commissioner Evans stated that she has given the Planning and Zoning Board time to finish what they are doing regarding the Ocean Avenue Redevelopment Plan, they have had their initial meeting to review on February 5, 2007, at that time they gave staff some direction and guidelines for moving forward with a draft of an Ocean Avenue Redevelopment for the Planning and Zoning Meeting of March 5, 2007.

 

Commissioner Evans stated that there are some developers interested in Ocean Avenue corridor, and that we should give notice of the Pending Land Development Ordinance.  Notice that we are in the process of looking at guidelines for Ocean Avenue, decline to process any requests, it is time to put regulations or guidelines in plan.

 

Town Manager stated that any applications received after February 5, 2007, when the Planning and Zoning first looked at the Ordinance, would be grandfathered.  The Board will continue to work on the Ordinance, and that will keep this notice in effect.  It would be posted on website, bulletin boards, newsletter, etc.

 

Commissioner Guglietta made a motion to table this item until the next Town Commission meeting, which was seconded by Vice Mayor Price.  The motion carried unanimously.

 

Ms. Sherri Quarrie, 701 Pine St, stated that seven years ago the Town had this, has to have a window of time, not fair to citizens and business district.  She said that these need to  be at big meetings, proper notice not given.

 

 

The meeting adjourned at 8:45 p.m.

 

                                                                                    ______________________________

                                                                                             William G. Stacey, Mayor

ATTEST:

 

 

_____________________________

    Lenore R. Milan, Town Clerk