Town Commission

                                                                                     Special Call Meeting - Revised

                                                                                    June 6, 2007

 

The Town Commission of the Town of Melbourne Beach, Florida, met for a Special Call Meeting session on Wednesday, June 6, 2007, in the Community Center, 509 Ocean Avenue, beginning at 6:35 p.m.

***

In attendance were Mayor William Stacey, Vice-Mayor Donnie Price, and Commissioner April Evans and Sandy Wilson.  Absent was Paul Guglietta.  Also present were Town Manager Jim Bursick, Town Attorney Gary Sack and Town Clerk Lenore R. Milan.

 

***

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 made a motion to remove agenda item VIII - the discussion and possible action regarding additional interviews for the Town Attorney position.  The motion died due to the lack of a second.

 

Presentations by Commander Salvo Recognizing FTO Melanie Griswold for Service

Mayor Stacey read the Commendation to Field Training Officer Melanie Griswold.  Commander Salvo presented Officer Griswold with a Meritorious Service Award, which was pinned on by her Husband, for her capture of a suspect who just committed two serious crimes, stating she demonstrated exceptional ability, personal initiative and a strong dedication to duty.  Mayor Stacey thanked Melanie Griswold for all her good work.  The Commission and audience congratulated Officer Melanie Griswold.

 

The first item to be considered was the discussion and possible action regarding a request from the City of Melbourne for a contribution for their Independence Day Celebration.

 

Mayor Stacey stated that he would contact the Parks Board to possibly have them take this contribution from their budgeted funds.

 

Vice Mayor Price made a motion to table this item, which was seconded by Commissioner Evans.  The motion carried 3-1, with Commissioner Wilson voting nay.

***

The next item to be considered was the first reading of Ordinance No. 2007-02 regarding 6B Ocean Avenue Redevelopment Ordinance as recommended by the Planning and Zoning Board.

 

Town Attorney Sack read the Ordinance 2007-02 Ordinance of the Town of Melbourne Beach, Brevard County, Florida, amending Article III. 7A-36 Regarding 6B Downtown Zoning District Regulations, to establish maximum setbacks building size limitations, architectural recommendations, and use limitations; providing definitions, providing exceptions; providing for the repeal of Ordinances or parts of Ordinances in conflict herewith; providing for severability; providing for an effective date; providing for inclusion in the Town of Melbourne Beach, Florida, Code of Ordinances, read in title only for first reading.

 

Vice Mayor Price made a motion to approve this Ordinance for first reading, which was seconded by Commissioner Evans.

 

Commissioner Wilson advised that he had attended the Melbourne Beach Business Association meeting, that there was concern regarding the maximum floor areas; that this needed to be looked at.  He said it should be sent back to the Planning and Zoning Board regarding those concerns

 

Ms. Lynda Rydson, 1301 Pine St and 201 Ocean Ave, advised that she was standing in for Brad Betten, that the Melbourne Beach Business Association had its first meeting, and wanted to the let the Town Commission know.

 

She stated that at the last Planning and Zoning Meeting, the Bed and Breakfast and Dijon’s had been missed in calculating square footage and was taken care of, she said maybe this is being done a little too quick, should make sure everything is covered, and think about any other issues.

 

Town Planner Ragsdale stated that the restaurant building size was measured, outside seating was decided at 200, the Bed and Breakfast was not included.  There was a discussion about the hardware store, porches and overhangs.

 

Town Attorney Sack advised that the Town Commission could make any changes.

 

Vice Mayor Price spoke about the changes, he said to send it back to the planning and Zoning Board, take our comments and refine the Ordinance and make it something our community can live with.

 

Town Manager Bursick stated that it be sent back, include an amendment that they get the input from the Melbourne Beach Business Association to get their input to incorporate.

 

Vice Mayor Price withdrew his motion.

 

Vice Mayor Price made a motion that this Ordinance be sent back to the Planning and Zoning Board and have the Melbourne Beach Business Association there for them to give direct input to the Board, which was seconded by Commissioner Evans.  The motion carried unanimously by those members present.

 

Town Manager Bursick stated that the advertisement notification is made for the June 20, 2007 meeting.

 

Mr. Thijs Stelling, owner of the Chevron Station, spoke about the timeframe to have the Business Association and Planning and Zoning meet.

***

 

The next item to be considered was the second 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 second reading.

 

Commissioner Wilson made a motion to approve this Ordinance, which was seconded by Vice Mayor Price.  The motion carried unanimously.   

 

Commissioner Wilson stated that this was mandated by the State, that it should have been presented at a regular Commission meeting; that people know the Commission meets the third Wednesday of the month, he asked why this was being done now.

 

Vice Mayor Price explained that it was a change from Occupational License to Business Tax Receipt, mandated by the State of Florida, all municipalities had to make the change.  We issue a business tax and give you a receipt.

 

The motion carried unanimously by those members present.

 

***

The next item was the second reading of Ordinance 2007-05 Repealing Former Employee Retirement Plan.

 

Town Attorney Sack read: Ordinance No. 2007-05 of the Town of Melbourne Beach, Brevard County, Florida, amending Chapter 12, by repealing Section 12-2 Employees’ Retirement Pension Plan; providing for severability; providing for repeal of ordinances or all parts of ordinances in conflict herewith; and providing for an effective date, by title only for second reading.

 

Town Manager Bursick advised that during last year’s budget process, a change to the Florida Retirement System was approved by the Commission, that the Town originally had a Money Purchase Plan and Trust; that this will allow the Town to make a distribution to the employees.

 

Commissioner Wilson made a motion to approve this Ordinance, which was seconded .by Vice Mayor Price.  The motion carried unanimously by those members present.

 

***

 

The next item on the agenda was the discussion and possible action regarding additional interviews for the Town Attorney position.

 

Mayor Stacey stated that in light of the fact that the Commission has not approved the contract with Gary Sack, it provides the Commission an opportunity to interview other attorneys.

 

Commissioner Evans made a motion to hold a Special Meeting on June 30, 2007 to interview additional attorneys for our Town Attorney position, which was seconded by Vice Mayor Price.   

 

Commissioner Wilson stated that the Commission has already hired a Town Attorney, that he is doing a fine job, how we could interview for his position without a vacancy, was this even legal.

 

Vice Mayor Price stated that hiring a Town Attorney is a process; interview, make a selection with the Commission and residents revisiting the interviews.

 

Town Clerk Milan was asked to read the letter given to her by Commissioner Guglietta, who is out of the Country.  (Attachment A).

 

Commissioner Wilson explained how the Commission voted and the scores that were given by the Mayor and Commissioner Guglietta.  He stated that, now what has happened is Mr. Sack, at the request of a Town Commissioner, gave his well-educated researched legal opinion, he never heard of anybody, public or private, hold interview when they didn’t have a vacancy.

 

Mr. Steve Walters, 416 6th Ave, advised that, on February 17, 2007 at 12:40 P.M. the Commission had a ballot vote and selected Gary Sack at $125.00 per hour, he was appointed legally.  He said that Mr. Sack gave a legal opinion, which was, for some, the wrong legal opinion.

 

The motion carried 3-1, with Commissioner Wilson voting nay.

 

Vice Mayor Price made a motion to adjourn the meeting, which was seconded by Commissioner Wilson.  

 

The meeting adjourned at 7:30 p.m.

 

 

                                                                                    ______________________________

                                                                                             William G. Stacey, Mayor

 

ATTEST:

 

 

_____________________________

    Lenore R. Milan, Town Clerk