Town Commission

                                                                                    Special Call Meeting

                                                                                    March 8, 2007

 

The Town Commission of the Town of Melbourne Beach, Florida, met for a Special Call Meeting on Thursday, March 8, 2007, in the Community Center, 509 Ocean Avenue, beginning at 6:30 p.m.

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In attendance were Mayor William Stacey and Commissioners Paul Guglietta, April Evans, and Sandy Wilson.  Absent was Vice-Mayor Donnie Price.  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.

 

The first item on the agenda was the discussion and possible action regarding “Pending Ordinance Doctrine” (Tabled from the February 28, 2007 Meeting) (As requested by Commissioner Evans).

 

Commissioner Evans stated that she was giving the Planning and Zoning Board time to finish what they are doing regarding the Ocean Avenue Redevelopment Plan.

 

Town Attorney Sack stated that it was discussed at the Town Commission Meeting in January, then went before the Planning and Zoning Board in February, discussed again, gave preliminary guidance at March meeting, of what the proposed Ordinance was to look like.  He said that when a regulation is pending, it is a legal document, the Pending Ordinance Doctrine would allow local government to have a defense to a claim. Once a local government starts to put development regulations in process is that the effect it actually serves is to protect the Town from claims that it is illegally obstructing development.

 

Town Attorney Sack advised that he recommended to the Town Manager to have this noticed to its highest degree, fullest extent that it could, out to the entire world.  He said that since Commissioner Evans brought it up at the January Meeting, Planning and Zoning in February and March, there is more interest out there.  What is being proposed is written formal notice to be placed on bulletin board, website, advertise in newspaper and newsletter; pending regulations are out there.  It is not a legal requirement of the Pending Ordinance Doctrine.

 

Commissioner Wilson stated that the Plan was out there in 2001-02.

 

Town Attorney Sack advised that it has to come out in a reasonable amount of time, dealing with pending regulations.

 

Commissioner Wilson made a motion to adopt the Pending Ordinance Doctrine, which was seconded by Commissioner Evans.   

 

Town Attorney Sack advised the Commissioner Evans desires to have the Planning and Zoning Board present to the Town Commission their recommendations in sixty days, but as long as it is being developed, and in due course to the Town Commission for adoption.

 

Commissioner Guglietta spoke about the Town Attorney’s memorandum of February 15, 2007, regarding building permit applications, site plan applications, which the Commission was originally asked to table.

 

Commissioner Evans advised that it would be better to make it more encompassing.

 

The meeting was then opened to the Public.

 

Mr. Shaw, 406 Riverside Dr, stated that there wasn’t any definitive  case, no clue if this will stand up in an appeal.  He then spoke about the Chevron Variances, how this gas station has been here for the Town.

 

Mr. Burke, 2104 Rosewood Dr., spoke about grandfathering any variances or applications. 

Town Attorney Sack advised that anything in process prior to public notice existing of the pending regulations; Chevron is in process, was grandfathered.

 

Mr. Faye, 506 2nd Ave, spoke about the restoration of Murray’s Coffee House, that because of zoning changes it came down, we would have a beautiful old house there.

 

Mr. Lewis, 308 Oak St, advised that Walgreens is a big scare threat, people should try to do what is right, Mr. Stelling should have his variances.

 

Mr. Walters, 416 6th Ave, spoke about variances, the safety issue with the Murray property and that Walgreens can not come in without a Special Exception; that the residents do not want a Walgreens or a 5,000 square foot gas station.

 

Ms. Quarrie, 701 Pine St, asked why a timeframe is not being placed on this, any improvement couldn’t be done.  If you really think this is necessary, put a timeframe.

 

Mr. Anderson, 512 Ocean Ave, stated he was upset, what would happen in the case of a natural disaster, I would be trying to get permits or trying to sell.

 

Mr. Stelling, 904 Oak St., stated that a plan like this takes a lot of research, this whole thing is a scam. Every business owner should be able to sell.  He then spoke about his variances.   

 

Commissioner Evans stated that this was something she felt was important, we have had this for a couple of weeks.

 

Ms. Givera, 610 Mango Dr., stated that the Commission should table this until the next Regular Commission Meeting.

 

The motion died, due to a 2-2 vote.

                                                           

The meeting adjourned at 7:30 p.m.

 

                                                                                    ______________________________

                                                                                             William G. Stacey, Mayor

ATTEST:

 

 

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    Lenore R. Milan, Town Clerk