Town
Commission
Regular
Meeting
The Town Commission of the Town of Melbourne Beach, Florida,
met in regular session on
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In attendance were Mayor
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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 a. and c. to Old Business, which was seconded by Vice
Mayor Price. The motion carried
unanimously.
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Vice Mayor Price moved
to approve the minutes of regular meeting
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Consent Agenda
Approval
of an agreement between the Town of Melbourne Beach and Melbourne Beach
Volunteer Fire Department, Inc. (MBVFD) providing for the MBVFD to reimburse
the Town for annual lease-purchase payments made by the Town for the
mini-pumper.
Special
Events Applications for the:
1. Farmers’ Market
Commissioner Wilson made a motion to approve the revised Consent Agenda,
which was seconded by Vice Mayor Price.
The motion carried unanimously.
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Proclamations
Mayor Stacey read a Proclamation declaring April as Florida
Discover Month Honoring Ponce De Leon.
Mayor Stacey presented Frank Thomas with the Proclamation.
Non-Scheduled Citizen Comments
Ms.
Jean Marshall,
Mayor
Stacey requested the Town Manager to look into this and get back to Ms.
Marshall.
Mr.
Thomas Shaw,
Mr.
Steve Walters,
Mr.
Lou Failla, 539 Sunset Blvd, asked Commissioner Wilson about last month’s
meeting where the Commissioner grandstanded regarding the disk, he said he felt
it was an obvious attempt to embarrass the Town Manager. Mr. Failla stated that it was the way in
which Commissioner Wilson presented it.
Commissioner
Wilson stated that he wanted to save the Town money.
Ms.
Alice Graham,
Closed
to the public.
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Boards and Committees
Mr.
Owen Collard,
He
told the Commission there would be a slip and slide and possibly a climbing
wall which would be donated. Mr. Collard
advised about the Farmers’ Market on April 14 and possibly May 12th,
if successful
Mayor
Stacey thanked him and the Board for all their hard work.
The
next item was the review of Volunteer applications to fill Board
vacancies. Mayor Stacey reminded the
Commission that once they nominated someone they would become the alternate for
that Board and the first alternate would move to become a regular member.
Vice
Mayor Price stated that, unless for some reason, they appointed someone to
regular member and bypass the alternate.
Vice Mayor Price made a motion to
appoint Sherri Quarrie to the Planning and Zoning Board, which was seconded by
Commissioner Guglietta. The motion
carried unanimously.
Commissioner Guglietta made a motion
to appoint Joseph Daly to the Police Pension Board, which was seconded by Vice
Mayor Price. The motion carried
unanimously.
Vice Mayor Price made a motion to
appoint Theresa Goldenberg and Judith Brooke to the Environmental Advisory
Board, which was seconded by Commissioner Guglietta. The motion carried
unanimously
There was a discussion regarding the
Board of Adjustment applicants, Commissioner Guglietta made a motion to appoint
John Remark, which was seconded by Commissioner Evans. The motion carried 4-1, with
Commissioner Wilson voting nay.
Vice Mayor Price made a motion to
appoint Frank Kelley to the Environmental Advisory Board, which was seconded by
Commissioner Guglietta. The motion
carried unanimously
Vice Mayor Price made a motion to
appoint Randall Roper to the Historical Preservation & Awareness Board,
which died due to a lack of a second.
Commissioner Guglietta made a motion
to appoint Joseph Tracey to the Historical Preservation & Awareness Board,
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 second reading of Ordinance No. 2006-17 Portable
on Demand Storage (PODS) containers.
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 second
reading.
Building
Official
Commissioner Wilson made a motion to
approve this Ordinance, which was seconded by Commissioner Guglietta. The motion carried unanimously.
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The next
item was the second 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 second reading.
Commissioner Wilson made a motion to
approve this Ordinance, which was seconded .by Commissioner Guglietta. The motion carried unanimously.
The next
item on the agenda was Resolution No. 2007-05 Site Plan Review Fee
Town
Attorney Sack read Resolution No. 2007-05 amending the Site Plan Review Fee
schedule to allow additional costs incurred by the Town during the site plan
review process to be charged to the applicant in title only.
Town
Manager
Commissioner
Wilson asked if this was to pay Dennis Ragsdale, our Town Planner. Town Manager Bursick stated that would not
typically, since the Building Official has come on board, Mr. Ragsdale has been
working on the Comp Plan, Ordinances for Planning and Zoning, that its purpose would be to cover the costs of engineers.
Ms.
Dieterle 531-527 Sunset Blvd, asked what would be put in place to protect against
potential abuse. Also, she stated that
if it was meant for residential property it should be noticed as such.
Town
Manager Bursick stated that it is a check and balance, and an appeal process
would be made available.
Mrs. Remark
707 Atlantic Street, stated that the Town doesn’t have to notice people, can it
read to sound a little more fair.
Mr.
Walters,
Vice Mayor
Price advised that it is for extraordinary expenses, he read, from the
Resolution, “the Town with sole discretion, determine when and whether to
retain such services.” The applicant
will be required to pay a deposit prior to the Town proceeding.
Vice Mayor
Price made a motion to table this item, which was seconded by Commissioner
Guglietta. The motion carried
unanimously.
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The next
item on the agenda was Resolution No. 2007-06.
Town
Attorney Sack read Resolution No. 2007-06 concluding that the Town of Melbourne
Beach does not possess real property within its jurisdiction appropriate for
affordable housing
in title
only.
There was a
discussion regarding Town-owned property, that it was restricted from use to
support affordable housing.
Commissioner
Guglietta made a motion to approve this Resolution, which was seconded by
Commissioner Evans. The motion carried
unanimously.
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Old
Business
The
next item on the agenda was the approval of lease purchase agreements to
provide funds for the purchase of a fire truck in the amount of $342,962 as
approved by the Town Commission on
Commissioner
Wilson stated that he was opposed to this two and one-half years ago, that the
Fire Department already has a new truck.
He advised that the state is going to cut property taxes, the Town will
lose income, why does the Town need to spend this money, it is a disservice to
the Town.
There was a
discussion regarding the lease agreement, the issue of canceling the contract,
the provision that if the Town was not able to pay, then the truck would be
taken back and the fact that the truck is scheduled to be delivered in five
weeks. The Town Manager advised that the
purchase order was issued.
Mr.
Walters,
Vice Mayor
Price stated that the Commission had approved the purchase; that this was a
formality, it was approved to get the price we did.
Commissioner
Guglietta stated that it would not increase the Fire Department’s budget.
The motion carried 4-1, with
Commissioner Wilson voting nay.
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The next item was the Authorization for the Town
Manager to prepare and submit a grant application requesting funds under the
2007 Florida Forever Program to acquire land for the expansion of the
Town Manager Bursick explained that
this grant would be written in-house.
Vice Mayor Price made a motion to authorize the Town Manager to prepare
and submit the grant application, which was seconded by Commissioner Guglietta.
Town Manager Bursick explained that
the Town applied last year, it would be for the parcel of land north of
existing
The motion carried unanimously.
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New
Business
The first item was Approval of Employment Agreement
between the Town of Melbourne Beach and
Vice
Mayor Price made a motion to approve the Employment Agreement, which was
seconded by Commissioner Guglietta. The
motion carried unanimously.
There was a discussion regarding
an increase, that the Town Manager would receive the same increase as the Town
employees when that was presented.
The next item on the agenda is the discussion and possible
action regarding proposal to develop an information distribution list for the
Town of Melbourne Beach.
Mayor Stacey informed the Commission that there would be a
collection of those e-mail addresses from Town residents that wanted to receive
notices of meetings, agendas, etc.
Town Manager Bursick stated that this was presented by Mr.
Shaw, which would be an e-mail distribution of information to Town residents;
that the residents would need to sign-up.
He said this concept was being presented to the Commission.
There was a discussion about this being free to the Town,
the public record issue and how Indialantic pays for this service to eliminate
advertising.
Commissioner Wilson stated that we post agendas and asked
what the benefit was for the Town. Town
Manager Bursick stated that the benefit was for the residents
Commissioner
Commissioner Guglietta stated that he was concerned about
spam, and the fact that the e-mail addresses would be public record. The Town Manager was asked to look into this.
Commissioner
Wilson made a motion to not enter into agreement with Mr. Shaw in interest of
the Town residents, which died due to lack of second.
Commissioner
Guglietta made a motion to table this item, which was seconded by Vice Mayor
Price. The motion carried 4-1, with
Commissioner Wilson voting nay.
The next item on the agenda was the Discussion and possible
action regarding a temporary Community Night to be held the last Wednesday of
the month until Certificate of Occupancy is issued for
Mayor Stacey
passed the gavel to the Vice Mayor.
Mayor Stacey spoke about the tennis courts being free, now folks
in Town come down to play dominos, checkers, etc.
Mayor Stacey
made a motion to have the last Wednesday of the month as Community Night in the
Community Center, which was seconded by Commissioner Guglietta.
Commissioner Wilson asked about the Certificate of Occupancy
for the
Commissioner Guglietta stated that this would fall under
Communities for a Lifetime, didn’t the Town join? The Town Manager stated yes.
Commissioner Guglietta said this would be a great
opportunity for Communities for a Lifetime; we need to come up with a plan.
Commissioner Wilson asked if anyone can come, who would be
responsible and who was going to open it up?
Ms. Marshall,
Mayor Stacey asked Mrs.
Mr. Walters,
Mr. Thomas,
Commissioner Guglietta stated that the Commission needs to
get with the Town Manager to meet about Communities for a Lifetime, needs to be
organized; information out to the community.
Mayor’s Night Out, come up with a plan
Vice Mayor
Price stated that since we have agreed to have Communities for a Lifetime and
have requirements, he moved to approve, which was seconded by Commissioner
Guglietta. The motion carried 4-1, with
Commissioner Wilson voting nay. Mayor Stacey stated that he would meet with the
Town Manager.
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Town Attorney’s Report
Town Attorney Sack stated that he had nothing 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 – February 2007;
(3) Public Works Man-Hour Report – February 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 Wednesday, March 11, 2007 at 6:30
P.M. in the Community Center to discuss the Stormwater Master Plan, which will
be an opportunity for residents learn about what was proposed and pose their
concerns. There will be a Turtle Friendly
Lighting Workshop on
Town Manager Bursick stated that we
were accepting applications for the Police Chief position through the end of
this month; that we have over 50, with 30 complete, that he would proceed with
a meeting with the Civil Service Board to decide who is qualified and proceed with
interviews. He said he was considering
setting up a Meet the Candidates Night in the Community Center. He advised that the Trash Bash will be held
on
Town Manager Bursick advised of the
Pedway Project Kick-off Meeting, with the scope of services, and the application
with St. Johns River Water Management District, the permit application for
these improvements, that we will have the plans review in two weeks, and are waiting
for the permit.
Town Commission Reports
Commissioner Evans
She advised that she did not have anything to contribute at
this time
Commissioner Guglietta
Commissioner Guglietta spoke about the construction on I-95,
to three lanes, MPO working on this 5-6 years through Brevard from
There was a discussion regarding a letter from former Town
Manager Nancy Ciummo, having some inconsistencies and untruths.
Commissioner Guglietta spoke about statements made at the
last meeting, which he was not present for, regarding former Police Chief David
Syrkus. He read letters he wrote to Jack
King, Chief of Police of Melbourne Village, regarding Dean Darling.
Vice Mayor Price
Vice Mayor Price spoke about the Legislative Action Day in
Vice Mayor Price stated that the Town needed the money that
our residents pay to run the Town.
Commissioner Wilson
Commissioner Wilson said he echoed what the Vice
Mayor had just stated.
The meeting adjourned at
______________________________
William G. Stacey, Mayor
ATTEST:
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Lenore R. Milan,
Town Clerk