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.
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Approval of Minutes
Vice Mayor Price made a motion to
approve the Minutes of the
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Consent
Agenda
Selection
of Citizen and Junior Citizen of the Year were approved.
Authorization
for the Town Manager to execute Lease Purchase Agreements for two
fully-equipped police vehicles was approved.
Authorization
for the Town Manager to execute an agreement between the Town of Melbourne
Beach and
Special
events application for Founders Day on
Commissioner Guglietta made a motion
to approve the consent agenda, which was seconded by Vice Mayor Price. The motion carried unanimously.
Presentations
by Special Guests
Mayor
Stacey presented Marc Gaskins his award for Officer of the Year. Mayor Stacey thanked Marc Gaskins for all his
good work as the Town’s Police Officer.
Commissioner
Wilson spoke about Officer Gaskins athletic abilities.
Commissioner
Guglietta thanked Officer Gaskins for his assistance during his wife’s car
accident.
Proclamations
Mayor Stacey read a Proclamation declaring May 20 through
Mayor Stacey then read a Proclamation declaring
The Minutes of the
Non-Scheduled Citizen Comments
Ms.
Jean Marshall,
Mr.
Jim Simmons, 409 Avenue B, spoke about the reappointment of Gail Gowdy to the
Board of Adjustment, stating that she did a great job and should be
re-appointed. Mr. Simmons stated that
the Town Commission should not desert her for the tough decision she made
regarding the gas station.
Mr.
Bill Hoskovec, 526 Avenue B, spoke about the park lights turning on early in
the evening, and the removal of his signs on properties.
Mr.
Frank Cariou, spoke about his high regard for Gail Gowdy stating she is
competent and intelligent.
Mr.
Steve Walters,
Ms.
Alice Graham,
Mr.
Dean Darling,
Ms.
Closed
to the public.
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Boards and Committees
The first
item was the clarification of the new Environmental Advisory Board Members, there
was a brief discussion.
Vice Mayor Price made a motion to
appoint Ms.
Brooke as regular member, with Mr. Kelley and Ms. Goldenberg as Alternate
Members, which was seconded by Commissioner Guglietta. The motion carried
unanimously.
Commissioner Guglietta made a motion
to re-appoint Warren Olin and Leon Snodgrass to the Code Enforcement Board, which
was seconded by Vice Mayor Price. The
motion carried unanimously.
Commissioner Wilson made a motion to
re-appoint Gail Gowdy to the Board of Adjustment, the motion died due to lack
of the second.
Vice Mayor Price made a motion to
move Lou Failla from Alternate to Regular member of the Board of Adjustment
which was seconded by Commissioner Wilson.
The motion carried unanimously.
Commissioner
Guglietta stated that the Board will still be short one alternate member.
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Public
Hearings
The
first item to be considered was the first reading of Ordinance No. 2007-04 Changing
the title from Occupational License to Business Tax.
Town
Attorney Sack read: Ordinance No. 2007-04 of the Town of Melbourne Beach, Brevard
County, Florida, amending Chapter 65, changing the title thereof from
occupation licenses to local business tax ordinance, the deleting current code Section
65 – 1 through 65 – 99, adding new code Section 65 – 1 through 65 – 99,
providing for severability; providing for repeal of inconsistent ordinances;
providing for codification and providing for an effective date; read the title
only for first reading.
Commissioner Wilson made a motion to
approve this Ordinance, which was seconded by Vice Mayor Price. The motion carried unanimously.
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The next
item was the first reading of Ordinance 2007-05 Repealing Former Employee
Retirement Plan.
Town Attorney Sack read: Ordinance No. 2007-05 of the Town
of Melbourne Beach,
Commissioner Wilson made a motion to
approve this Ordinance, which was seconded .by Vice Mayor Price. The motion carried unanimously.
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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 read the title only.
There was a
discussion regarding these fees,
Building Official
Town Manager
Commissioner
Guglietta made a motion to approve this resolution, which was seconded by Vice
Mayor Price. The motion carried
unanimously.
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Old
Business
The next
item on the agenda was discussion and possible action regarding new
developments concerning the Chevron Station Lawsuit, which was requested by
Commissioner Wilson.
Commissioner
Wilson spoke about supporting our boards; that if we have a shade meeting,
information would be leaked almost immediately we need to decide tonight to defend
our Board and Town Attorney.
Commissioner Wilson made a motion to
discuss this now, direct the Town Attorney to prepare a draft to defend the
Town, the Board of Adjustment and his personal interpretation. He stated that since that we have made this change
to the Board of Adjustment, Mr. Stelling may drop his charges and come back in
front of the Board of Adjustment. The
motion died due to lack of a second.
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New Business
The first item was the discussion and possible action regarding an
agreement between the Town and Gary Sack for his services as Town Attorney.
There was a discussion regarding Mr.
Sack’s three-year contract. Commissioner
Evans stated she was not totally happy with Mr. Sack as our Town Attorney, that
she has not changed her mind regarding the need to have an attorney with a lot
more depth of experience.
Commission
Commissioner Guglietta spoke of
the decisions Mr. Sack has made, how he had voted for him and that he had to earn
the right to be our Town Attorney, but he did not agree with the letter with
regard to the Board of adjustment that Mr. Sack wrote, but I couldn’t say he’s
doing a bad job, and will still back him.
Mr. Steve Walters,
Ms. Susan Dieterle, 531 Sunset Blvd, spoke of Steve Walters
filing against her with the Ethics Commission, that the allegations were
false. She asked if she could have
permission to present the evidence. She
was advised she did not need to present the evidence.
Ms. Xochitl Ross,
Commissioner
Guglietta withdrew his second.
Vice Mayor Price
stated that apparently there is some un-readiness to approve his contract, we
should table this item. Commission
The next item on the agenda is the discussion and possible
action regarding the “How Shall We Grow?” project as part of the Central
Florida Regional Visioning Process, as requested by Vice Mayor Price.
Vice Mayor Price advised that the Town of Melbourne Beach
has been asked to complete a survey on how we see the Town of Melbourne Beach
in the year 2050. He stated that we will
be involved in this process with regional planning, and will start to think
about the impact, that, due to our size, we are presently considered a hamlet. He stated that there will be a questionnaire
available at Town Hall, our Clerk will have them.
Mr. Bruce Black, 405 Ave A, inquired as to the time and
place to discuss the itinerant merchant application. Mr. Sack advised that the Town Commission
would set the time and place with a notice placed on the bulletin board under
Section 70 – 5 Code, which requires written notice 10 days prior to the
meeting. The meeting will be held
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Town Attorney’s Report
Town Attorney Sack stated that he was requesting a meeting
to discuss Thijs Stelling versus the Town of Melbourne Beach, pending
writ. He said there needs to be a
discussion regarding settlement negotiations or strategy, to include a court
reporter. After a brief discussion it
was decided that the commission would hold an executive session with the Town
Attorney, Town Manager, and court reporter on
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 – March 2007; (3) Public Works Man-Hour Report – March
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 Trash Bash on
Town Manager Bursick spoke about the
projects for the Town. The Pedway correction project permit application was
submitted to St. Johns Water Management District, that it will take a
while. He advised about the Stormwater
Master Plan Project, that we will receive a summary report and findings this
week. Regarding the Ocean Avenue
Redevelopment, update to the amendments regarding the Land Development Code, a
final draft will be available for the meeting of May 7, 2007 Planning and
Zoning Board Meeting, and, if recommended, for first reading at the May 16,
2007 Commission Meeting. Mr. Bursick
advised that the amendments are focused on sizes of businesses, and signage.
With regard to the police chief
position, the Civil Service Board review applications, we receive 79 inquiries
with 58 completed applications during a meeting last week we’ve narrowed it to
14 for consideration. Mr. Bursick
commended the Civil Service Board for their outstanding job throughout this
process.
Town Commission Reports
Commissioner Guglietta
Commissioner Guglietta advised that there was no MPO
Meeting; that they were moving to Viera.
He spoke about the weekly report Mr. Bursick was submitting to the Town
Commission, saying he was doing a fine job and the report was very
illuminating, acknowledging the different boards’ meetings.
There was a discussion regarding a Chairman of the Board
calling for a special meeting, and the cancellation of the Code Enforcement
Board Meeting.
Vice Mayor Price
Vice Mayor Price stated that this past month there was a lot
of activity regarding the property taxes,
he represents the Town for the Space Coast League of Cities, that they
have taken a strong position regarding property taxes. The League participated in Legislative Action
Day in
Commissioner Evans
Commissioner Evans stated that she attended the Library
Board Meeting, they spoke of various programs that took place in February and
March. She said it was a very lovely facility and encouraged all residents to
visit.
Commissioner Wilson
Commissioner Wilson stating he had nothing to report
at this time.
Mayor Stacey
Mayor Stacey spoke about reading
stories to kindergarten students; he said they just loved it. He advised that he went to the
The meeting adjourned at
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William G. Stacey, Mayor
ATTEST:
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Lenore R. Milan,
Town Clerk