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 Vice-Mayor
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Vice Mayor Price
called the meeting to order. The entire
assembly recited the Pledge of Allegiance to the Flag.
Changes to the Agenda
Town Manager Bursick requested that the Presentation by
Special Guest Lisa Good be moved to the July Meeting agenda.
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Approval of Minutes
Commissioner Wilson made a motion to approve the Minutes of the
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Consent
Agenda
Authorization
to waive the formal bid process for this purchase, and authorization
for Town Manager to execute associated documents providing for D & E Pump Sales & Service, Inc.
to install new irrigation well in Ryckman Park at a cost of $5,995, plus a $75
permitting fee.
Approval of the Special Events
Application for the Greater Allen Chapel AME BBQ Fundraiser on
Commissioner Guglietta made a motion
to approve the consent agenda, which was seconded by Commissioner Wilson. The motion carried unanimously by those
members present.
Non-Scheduled Citizen Comments
Ms.
Jean Marshall,
Mr. Dean Darling,
Mr. Jay Gurecki, 406 6th Ave¸ asked if the Town Commission
would assist in speaking with the County Health Inspector to allow dogs on the
patio outside the Friendly Toast. He also spoke about the Ryckman House being
raised, for them to come up with a budget plan and he spoke of the joint
workshop with the Historic Preservation and Awareness Board that has not yet
happened. He was advised that they tried to schedule it several times and that
the Town Manager will schedule a Workshop
Closed
to the public.
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Boards and Committees
The first
item was the Reappointment of John Alpizar, Chairman of the Police
Pension Fund Board of Trustees for a four-year term ending
Commissioner
Guglietta made a motion to re-appoint Mr. Alpizar, which was seconded by
Commissioner Wilson. The motion carried unanimously by
those members present.
Jay Gurecki spoke about the Workshop
with the Town Commission for the Historic Preservation and Awareness Board. Mr. Bursick advised it would be held the
first week in June during their regular meeting.
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Public
Hearings
The first item to be considered was the
first reading of Ordinance No. 2007-06 providing Authority for Town to Enter Property
for the purpose of initiating Code Enforcement Violations.
Town
Attorney Sack read: Ordinance No. 2007-06 of the Town of Melbourne Beach,
Commissioner Wilson made a motion to
approve this Ordinance, which was seconded by Commissioner Guglietta.
Building
Official Whitelock explained the language of the Ordinance, its actual intent,
to prevent lawsuits for illegal trespassing.
He stated that a Building Official has a right to enter a property as
long as it is permitted, with the exception of hazard to life safety.
He
advised that right of entry for code enforcement takes place from observation
of other properties. It is to enforce a
known violation.
Mr.
Steve Walters,
Vice Mayor Price asked the Town
Attorney if this ordinance was drawn up by him, if some questions were raised,
that this is a highly sensitive issue, and needs to be defined
Ms.
Gail Gowdy,
Mr.
Dean Darling,
Mr.
Jay Gurecki,
Town
Attorney Sack stated that this was not intended for inside, only outside, not
to provide authority to enter into property.
There
was a discussion regarding different agencies getting into the property and
unsafe structures in Town.
Commissioner
Wilson recommended that a new draft of this proposed ordinance he developed with all the excellent
suggestions made, with the Building Official working closely with the Town
Attorney.
Commissioner
Evans stated that there needed to be another reworking of this to narrow focus
as to intent, original purpose of liability issues for someone doing code
enforcement.
Commissioner Guglietta made a motion
to table this, which was seconded by Commissioner Wilson. The motion carried unanimously by those
present.
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Old
Business
The next
item on the agenda was discussion and possible action regarding the Town
Attorney position.
Commissioner Wilson stated that the
Town had an agreement from Gary Sack, moved to approve. The motion died due to the lack of a second.
Commissioner Evans stated that the
Commission needs a definite time to discuss what we want to do, table until the
next scheduled meeting where this item may be put on the agenda. Town Manager Bursick advised about the
Town Manager Bursick advised that
the workshop following the Special Call Meeting was a joint workshop with
Planning and Zoning Board Members.
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New Business
The first item was the discussion and possible action for the display of
merchandise on
Building Official Whitelock advised that the Town’s Code of Ordinances allows business owners to display items outside
of their doors, but they are to be renewed annually.
Vice Mayor Price stated that we have this in the code, the business
owners have the right to do this by the Town Commission, but our Ordinance says
it has to be granted annually, and it has not been done in the last five years.
Commissioner Guglietta made a motion to
approve the request for displaying of their wares outside of their business to
be renewed for those 10 businesses previously granted, which was seconded by
Commissioner Wilson.
Vice Mayor Price asked what if they put out more than approved, and the
Building Official advised that it would be a code violation.
Mr. Brad Betten, 538 Sunset Blvd advised that we had just spoke about
square footage in business, maybe we should have a scale of what you can have,
with square footage involved.
Commissioner Evans stated that applicants are required to put down
square footage, that the needs you are concerned about are addressed.
Vice Mayor Price said we were grandfathering what was done in the past.
Mrs. Jean Marshall,
The motion carried
unanimously by those present.
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Town Attorney’s Report
Town Attorney Sack stated that he spoke about Thijs
Stelling versus the Town of Melbourne Beach, that the Court entered an Order;
that his office had accepted it last Friday, and he had two weeks
to respond.
There was a
discussion regarding no member of the Commission or staff being notified until
now.
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 –
On other items the Town Manager spoke about the Financials.
He
advised that the Ryckman House was being raised to construct a foundation. That Mr. Gray Hamilton volunteered to do the
work. That it should be completed in 2-3
weeks.
Town
Manager Bursick said the contract was received for the
Mr.
Bursick stated that the Pedway Corrective Action Plan was advertised for bids
which are due end of month, award will be given in June.
He
advised that the selection process for Police Chief will be completed by the end
of this week, Meet the Candidates on Thursday, May 17th
He
advised that the next Visioning Meeting was
Mr.
Bursick advised that the Police Department will be participating in the 28th
Annual Police Memorial at the Mall
He
stated that there has been discussion in the past Legislative Action on
property tax reform, that there will be a Special Session June 12-22, and he
hope something will come out of that session.
He said he was planning to identify potential budget reductions of
$200,000-$250,000, and develop a prioritized list.
Mr.
Bursick thanked the Public Works Department, Police Department, Fire
Department, Town Staff and Parks Board for all their work on Founders Day,
tremendous effort by all.
Town Commission Reports
Commissioner Wilson
He
inquired about Mr. Ragsdale’s budget line item and was advised by Mr. Bursick
that a good portion of the expenses in the beginning of the fiscal year was
site plan review, we now have
He
Inquired about the handicap ramp cross-over for
Commissioner Guglietta
He inquired as
to how much has been paid to Mr. Ragsdale
Commissioner
Guglietta stated he attended the MPO meeting had a copy of the proposed road
building for
He advised
that DOT is holding an Open House for the
Commissioner
Guglietta spoke about the Monday night meeting, that we had some politicians
attend the Space Coast League of Cities Meeting, also spoke about the taxes, informed
that the State of
He spoke about
how 2% of the building permit fees go to the State, and then advised that the
crossover on
He asked if
Planning and Zoning has come up with a setback definition yet.
Commissioner Evans
Commissioner
Evans stated that she had nothing to report at this time.
Vice Mayor Price
Vice Mayor
Price advised that the Space Coast League of City offers a $2,000 scholarship
every year to a student interested in public administration, and that we can
sponsor a student from our Town. He
advised of the timelines, and advised that it will be placed on bulletin boards
and that the Town should spread the word.
He spoke about
the representatives at the meeting on Monday and said that three people will
determine for the state how much property taxes we will get, Senator Pruitt,
Representative Mario Rubio, and the Governor.
He discussed a proposal which was submitted by the League which included
a provision for a one half cent sales tax that was supposed to be received in
the early 80’s and to have the State take over the millage for school boards.
He stated that
He spoke about
Founders Day that a good time was had by all, but he was dismayed by the
article regarding the arrest of a Town resident, that whoever called the Police
Department that day chose purposely to do that during Founders Day, he was
dismayed by someone doing something like that.
The meeting adjourned at
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William G. Stacey, Mayor
ATTEST:
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Lenore R. Milan,
Town Clerk