Town Commission

Regular Meeting - Revised

June 20, 2007

The Town Commission of the Town of Melbourne Beach, Florida, met in regular session on Wednesday, June 20, 2007, in the Community Center, 509 Ocean Avenue, beginning at 6:30 p.m.

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

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Approval of Minutes

Commissioner Wilson amended the minutes, under old business, to read the next item on the agenda was discussion and possible action regarding the Town Attorney contract rather than position, as written. See attached memorandum.

Vice Mayor Price made a motion to approve the Minutes of the May 16, 2007 regular meeting, as amended, the May 2, 2007 Executive Session meeting minutes, and February 28, 2007 and May 2, Special Call meetings, which was seconded by Commissioner Wilson. The motion carried unanimously by those members present.

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Consent Agenda

Approval of Site Plan for 801 Atlantic Street, for David J. Packey and Claire Marie Tomaselli. The application requesting a Coastal Construction Variance was approved at the May 24, 2007 Board of Adjustment Meeting.

Approval of Site Plan for 305 First Avenue, for David and Nora Campbell.

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

Presentation by Special Guests

Mrs. Marty Remark, on behalf of the Melbourne Beach Improvement Company, presented a donation of $200.00 to the Melbourne Beach Volunteer Fire Department, Inc. for The Random Acts of Kindness Program.

Commissioner Wilson presented a document stating that the Melbourne Beach Improvement Company was listed as operating a business at Mrs. Remark’s address. He asked Mrs. Remark about this. Mrs. Remark stated she did not know why her address was listed, that no such business was run from her home. She said she would look into why it was listed on the internet.

Non-Scheduled Citizen Comments

Ms. Jean Marshall, 410 6^th Avenue, spoke about reading in the paper that the Town’s Budget reserves were down, asked why, if the Town states that they are very frugal.

Town Manager Bursick explained that the Town was waiting on funds from the Oak Street Pedway project during the period reported in the newspaper article.

Mr. Steve Walters, 416 6^th Avenue, commended the everyday random acts of kindness of the Police Department and spoke about the Town being frugal.

Mrs. Gail Gowdy, 215 Ash Ave, spoke about the new recording system, and that several meetings are not showing up on the website.

Town Clerk Milan explained that several of the meeting minutes did not record, probably due to an incorrect setting up of the equipment; that every effort was made to recover those minutes.

Closed to the public.

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Boards and Committees

The first item was the re-appointment of Robert Schaefer, Chairman of the Board of Adjustment for a three-year term ending June 30, 2010.

Vice Mayor Price made a motion to re-appoint Mr. Schaefer, which was seconded by Commissioner Evans. The motion carried unanimously by those members present.

The next item was the re-appointment of Mike West, Chairman, Steven Schwartz, Susan Dieterle and David Clay, Members of the Planning and Zoning Board for three-year terms ending June 30, 2010.

There was a discussion that Mike West has not responded to calls and has not been at the last two Planning and Zoning Meetings. It was decided to exclude his re-appointment until the Clerk was able to ascertain whether Mr. West desires to be re-appointed to the Board.

Vice Mayor Price made a motion to re-appoint Mr. Schwartz, Ms. Dieterle, and Mr. Clay, which was seconded by Commissioner Evans. The motion carried unanimously by those members present.

The next item was a presentation by the History Preservation and Awareness Board regarding improvements to the Ryckman House. Mrs. Marty Remark spoke about the historic preservation of the Ryckman House, that painting and constructing of the porch needs to be done, that she has the original bricks from the chimney to use.

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Old Business

The next item on the agenda was discussion and possible action regarding a contribution to the City of Melbourne for their Independence Day Celebration.

Mayor Stacey passed the gavel to Vice Mayor Price.

Mayor Stacey stated that, since the residents of our Town enjoy the fireworks display of the City of Melbourne, he has asked the Parks Board if they would take $250 from their budget to contribute, Mr. Mickey Collins said it would not be a problem and would present it at the Parks Board’s next meeting.

Mayor Stacey advised that, if for some reason, the Parks Board did not make the contribution; it would be taken from our General Fund.

Mayor Stacey made a motion to contribute the $250 to the City of Melbourne, from the Parks Board’s budget, or from the General Fund, if necessary, which was seconded by Commissioner Wilson. The motion carried by those members present.

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New Business

The first item was the discussion and possible action regarding award of bid for the implementation of the Oak Street Pedway Corrective Action Plan to The Watauga Company in the amount of $178,794.00.

Town Manager Bursick explained that repairs would be made along Oak Street between First and Sixth Avenues and that they would replace storm drains from 6^th Ave to the Indian River Lagoon. He advised of an agreement with St. Johns River Water Management District for $77,000, which was reduced to $47,000 for their cost share, but they were willing to leave the $30,000 if the Town made additional Stormwater improvements.

Vice Mayor Price made a motion to approve the low bid of $178,794, which was seconded by Commissioner Wilson. They thanked Town Manager Bursick.

Commissioner Wilson stated that this company did good work, and that the Town Manager got recommendations.

Mrs. Jean Marshall, 410 6^th Ave, said the Town has $156,000, she stated that she would like to have a notation made, for the record, stating that the funds go back into the General Fund.

Mr. Steve Walters, 416 6^th Ave, stated that the Town was doing the work twice.

The motion carried by those members present.

The next item on the agenda was the discussion and possible action regarding reimbursement of expenses incurred by the Town of Melbourne Beach for expenses related to the implementation of the Oak Street Pedway Corrective Action Plan from Outlaw Jones and C & D, Inc., as requested by Mayor Stacey.

Mayor Stacey stated that Outlaw Jones was supposed to watch the work being done; the Town needs to go forward, try to recoup some funds. He advised that Outlaw Jones is no longer an engineering firm.

Vice Mayor Price made a motion to approve instructing our Attorney to go forward in the courts for the money that was mishandled, which was seconded by Commissioner Evans.

Commissioner Wilson wanted an opinion by Town Attorney Sack as to what he thought about the Town getting any money.

Town Attorney Sack stated that he doubted he would be able to see what money the company had; he said he couldn’t quote a percentage of the Town’s chance of recouping money.

Vice Mayor Price stated that this company was operating in Florida, they should have proper coverage.

Mr. Steve Walters, 416 6^th Ave, advised that C & D should be bonded and insured; that they were just as responsible, should have known to cover up holes before you put dirt in them. The Town should go after their bonding company.

Mayor Stacey advised that C & D Company’s Attorney would be meeting with the Town Manager.

Vice Mayor Price stated that he has not included C & D, but can do so at another meeting.

The motion carried by those members present.

Town Manager Bursick stated that he would work things out with C & D and get their figures.

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The next item on the agenda was the discussion and possible action regarding a request by Mr. Richard Beaudoin of 514 Ocean Ave to add Bed & Breakfast as a permitted use by Special Exception in the 8-B Residential Business Zoning District. This item was recommended by the Planning & Zoning Board at their June 4, 2007 Meeting.

Vice Mayor Price made a motion to approve the recommendation by the Planning and Zoning Board to add Bed & Breakfast as a permitted use by Special Exception in the 8-B Residential Business Zoning District, which was seconded by Commissioner Wilson.

Town Manager Bursick stated the he received this request from Mr. Beaudoin to allow the use in 8-B Zoning which is currently allowed in 6-B Zoning. He said this was sent to the Commission from the Planning and Zoning Board before they moved forward to get the Commission’s endorsement before they prepared an Ordinance.

Mrs. Gail Gowdy, 215 Ash Ave, stated that she recalled when bed and breakfasts were not a valid business, that the Town did not want multiple bed and breakfasts.

Vice Mayor Price stated that he recalled not going into other zones, that now the Planning and Zoning Board was bringing this to the Commission.

There was a discussion regarding transient guests in Town.

Vice Mayor Price advised that what the Planning and Zoning Board is asking is if the Commission had any reason to say no to this request. He stated he had no objection.

Mr. Richard Beaudoin, 514 Ocean Ave, stated that their current business is losing money, that he would hate to see this house torn down; that he believed a bed and breakfast would have a positive impact on the Town. It would help the local businesses and keep it historic with minimal alterations to the building, keeping it the way it was.

The motion carried by those members present.

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Town Attorney’s Report

Town Attorney Sack stated that he had nothing to report.

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 – May 2007; (3) Public Works Man-Hour Report – May 2007; (4) Code Enforcement Activity Report; (5) Building Department Permit Report.

On other items the Town Manager spoke about the financials.

He advised that the Ryckman House was still raised; contractor will lower it next week.

Town Manager Bursick said Thursday, July 5, 2007 he will have two candidates for the Police Chief position to be interviewed and go through the assessment center and there will be a “Meet the Police Chief Candidates” event in the Community Center from 6 to 7 p.m. He said, should no selection be made, he would go back to the Civil Service Board to review additional applications.

Mr. Bursick advised that he has started the budget process; that the Legislative Session ended last week. He said the property tax reform would have an impact on the General Fund revenues, with a reduction of $70,000-$75,000, effecting three different areas: Ad Valorem Property Tax revenue, the loss of the First Responder money from the County of $37,000; a reduction in sales tax and state revenue sharing. He advised he would be transmitting the proposed budget at the end of July, first week of August.

Town Commission Reports

Commissioner Evans

Commissioner Evans stated that she had attended the Elected Municipal Officials Conference in Tampa and was very impressed. It was an intense three days and she said she came away with a lot of knowledge.

Vice Mayor Price

Vice Mayor Price advised that the Space Coast League of City meeting was well-attended and thanked all who were able to make it. He said Congressman Weldon shared was invited as a guest for the next meeting.

Vice Mayor Price noted that Mayor Stacey made it clear to everyone that in the June 11, 2007 U.S. News and World Report, Melbourne Beach was listed as one of the best places to retire, that is was a feather in our cap. He then stated that being frugal does not mean being cheap.

Mayor Stacey

Mayor Stacey advised that the owner of the Chevron Station heard about the document prepared by Gary Sack; that he didn’t come back to the Commission to let us know. He said Mr. Stelling was not happy. This has taken a great deal of time for the Town Manager and staff.

Mayor Stacey stated that if Mr. Stelling did not get his variances for the gas station, he will sell, everyday it is tied up, Mr. Stelling is losing money.

Commissioner Wilson

Commissioner Wilson spoke about the gas station having a 5,000 square foot convenience store that would change the face of the Town.

The meeting adjourned at 7:40 p.m.

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William G. Stacey, Mayor

ATTEST:

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Lenore R. Milan, Town Clerk