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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Changes
to the Agenda
Town
Manager Bursick asked to remove item b. under New Business.
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Consent
Agenda
Approval of Fiscal
Year 2006/2007 budget amendments to provide funds for various General Fund line
items, which was requested by Town Manager Bursick.
Approval for replacement of storm drain
on intersection of Cherry and Rosewood with Randy Wadsworth Grading and
Drainage in the amount of $8,839.21, which was requested by Town Manager
Bursick.
Vice Mayor Price made a motion to
approve the consent agenda, which was seconded by Commissioner Wilson. The motion carried unanimously.
Approval
of Minutes
Commissioner Wilson amended the
minutes of the
Vice Mayor Price made a motion to approve the minutes, as amended for
the
Commissioner Evans made a motion to
suspend rules to discuss the Town Attorney’s contract, which was seconded by
Vice Mayor Price.
Commissioner
Wilson stated that there are different rates presented to the Commission by
Town Attorney Gougelman.
Vice Mayor
Price stated that it was made clear at the last meeting that the contract the
Commission was voting on was the one presented to them in their meeting
package.
Vice Mayor
Price stated that the litigation is controlled by the Town Commission, the
litigation is also caused by this Town Commission. He then discussed the events of the Chevron
Gas Station actions.
There was a
discussion regarding the rates for the Town Attorney’s services.
Mayor
Stacey noted that the Town Manager has the authority to move forward to figure
out the best rate for the Town.
Vice Mayor Price made a motion to
place the contract that was provided in the last meeting package on the agenda
for the next regular meeting, as a discussion and possible action, which was
seconded by Commissioner Wilson. The motion carried unanimously.
The meeting minutes of
Presentation
by Special Guests
Mayor
Stacey presented Cindy Schuster with a Plaque in appreciation of her four years
of service for the Parks Board.
Mayor
Stacey presented Commissioner Evans with
Ms. Yvonne
Claybourne of McGladrey & Pullen, C.P.A. presented the Town of Melbourne
Beach financial statements for fiscal year ending
Ms.
Claybourne advised that the Town was in good financial condition for fiscal
year ending September 2006.
Mayor
Stacey commended Town Manager
Vice Mayor
Price stated that the Auditors Management letter gave the Town an unqualified
opinion, that the Town worked hard to accomplish that and he said he was proud
of the Town’s decision with regard to placing a qualified person in the Finance
Department, it is reflected in our Audit and Budget process.
Vice Mayor Price made a motion to
accept the Annual Financial Statement for Fiscal year 2006, which was seconded
by Commissioner Guglietta. There being
no discussion, the motion carried unanimously.
Non-Scheduled
Citizen Comments
Mr. Lou
Failla, 539 Sunset Blvd., spoke about last month’s meeting being out of
control, that Dean Darling attacked someone personally twice, how
Ex-Commissioner Steve Walters has an answer for everything, yet has he
denounced Dean Darling, shown any creditability. He said, one of his opinions has merit, one
is half-truths. Mr. Failla stated that
the Town employees are good people, who leave meetings in frustration. He stated that should there be any outburst
during a meeting, a Police Officer should, as Sergeant of Arms, be able to
escort this person from the meeting.
Mr. Henry
Wallen,
Boards
and Committees
Mayor Stacey made a motion to
appoint James P. Flanagan as an Alternate Member of the Planning and Zoning
Board, which was seconded by Vice Mayor Price.
The motion carried unanimously.
Mr. James
Flanagan thanked the Commission for their appointment.
The
presentation of the recommendation for the Ryckman House improvements was made
by Marty Remark, Chairperson of the Historical Preservation and Awareness
Board.
Mrs. Remark
advised the Commission of their proposal and presented a picture of the Ryckman
House from 1908. She advised the
Commission that they have received donations, but have a short fall of
$1,600. Mrs. Remark stated that the
07-08 Historical Preservation and Awareness Board budget is at zero dollars,
that 90% of the money for this project is donations, she was asking for a
chance to raise the balance. She spoke
of the joint meeting with the Town Commission and Building Official, in which
they presented a list of materials needed.
Vice Mayor
Price spoke about the proposal, in which a porch would be added around the
house, that the Board had needed $17,931.75, and have available funds raised of
$16,331.75, leaving a short fall of $1,600, and they were asking the Town
Commission to make up the difference to complete the project.
Mayor
Stacey asked the Building Official about this project.
Building
Official Whitelock stated that this Board worked very hard to put this
together, it is essential that the project start as soon as possible, they will
deal with contributions for the $1,600.
Town Manager
Bursick advised that there were funds in the Contingency Account.
Commissioner
Guglietta stated that they should work it through, the construction and pricing
as it is now, like to see them go ahead.
He then offered his month’s salary should the Board not be able to raise
the money.
Commissioner
Evans stated that this Board would not cease with their fundraising activities,
they can raise the $1,600.
Commissioner
Wilson spoke about the Town’s e-mail, that the Commission mostly receive junk
mail, if the Town did away with that service, look into what the savings would
be. He then spoke about the Iceman’s
Ball; how it began five years ago; that all funds raised went to replace
windows, west wall and stairway, that time was all volunteered, and all the
money went to repairs.
Mrs. Remark
stated that the Town Commission approved raising $5,000 to raise the House and
put it back down, it is in great shape and dry, and that this was done with
volunteers.
Vice Mayor
Price stated that this proposal was reasonable; that we have a surplus in this
year’s budget, that the Commission would be remise if we didn’t do this.
Mayor
Stacey passed the gavel to Vice Mayor Price.
Mayor Stacey made a motion to advance
the $1,600 to complete the project, which was seconded by Commissioner
Evans. The motion carried unanimously.
Public
Hearings
The first item was the second reading
of Ordinance 2006-12 Walls and Fences as a buffer between commercial and
multi-family zoned property. This was
recommended by the Planning and Zoning Board at their June 4, 2007 Meeting.
Town
Attorney Gougelman read Ordinance 2006-12 AN ORDINANCE OF THE TOWN OF
MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, AMENDING SECTIONS 7A-34, 7A-35, 7A-36,
74-37 AND 7A-38 OF THE TOWN OF MELBOURNE BEACH CODE OF ORDINANCES;
PROVIDING FOR THE USE OF WALLS AND FENCES
AS A BUFFER BETWEEN COMMERCIAL AND MULITI-FAMILY ZONED PROPERTY AND RESIDENTIAL
USES; AMENDING SECTION 7A-53 OF THE TOWN
OF MELBOURNE BEACH CODE OF ORDINANCES; PROVIDING FOR THE PLACEMENT, LOCATION,
HEIGHT, AND MAINTENANCE OF WALLS AND FENCES; AMENDING SECTION 7A-57 OF THE TOWN
OF MELBOURNE BEACH CODE OF ORDINANCES; PROVIDING FOR SWIMMING POOL FENCING; AMENDING SECTION
7A-58 BY DELETING THE SAME; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION
IN THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE in title only.
Vice
Mayor Price made a motion to approve this Ordinance, which was seconded by
Commissioner Wilson.
Vice Mayor Price stated that he had
some questions regarding this Ordinance.
Building Official Whitelock advised
that this did concern the fencing between commercial and residential
properties.
The
motion carried unanimously.
The next item was the discussion and
possible action regarding Resolution 2007-07 Policies and Procedures for Town
Commission Meetings, which was requested by Town Manager Bursick.
Town Attorney Gougelman read the
Resolution in title only.
A RESOLUTION OF THE TOWN OF MELBOURNE
BEACH, BREVARD COUNTY, FLORIDA MODIFYING POLICIES AND PROCEDURES FOR THE TOWN
COMMISSION; ESTABLISHING THE SEATING ARRANGEMENTS AT MEETINGS; SETTING THE
AGENDA; PROVIDING FOR ACTION BY CONSENT; SETTING THE TYPES OF MEETINGS; PUBLIC
NOTICE OF MEETINGS; SETTING FORTH RULES TO ADDRESS THE TOWN COMMISSION AND PROCEDURES
TO ADDRESS LAND DEVELOPMENT AND QUASI-JUDICIAL MATTERS; PROVIDING FOR
COMMISSION AND STAFF RESPONSE TO CITIZEN COMMENTS; SETTING RULES OF DEBATE;
SETTING A TIME FOR ADJOURNMENT OF MEETINGS; PROCEDURES FOR MINUTES OF TOWN
COMMISSION MEETINGS; AND PROVIDING FOR AN EFFECTIVE DATE, in title only.
Vice
Mayor Price made a motion to approve this Resolution, which was seconded by
Commissioner Guglietta.
Commissioner Wilson spoke about Section
7 on page five. He advised that he was
concerned about the verbiage shows poor
conduct.
Vice Mayor Price stated that the Mayor
was given the responsibility to control the meeting, he has the authority to
remove someone from the meeting to cool off and then come back.
There was a discussion regarding the
guidelines; that the Commission was elected and their judgment was trusted.
Commissioner
Evans suggested it be clarified.
Commissioner Wilson contented that shows poor conduct has wiggle room, it
is a gray area.
After a discussion regarding the
Mayor’s ability to run the meeting, the Town Attorney was asked his opinion.
Town Attorney Gougelman advised that
the Mayor has to have some ability to run the meeting; the Commission have the
right to challenge the Chair, that the majority will always prevail.
Vice Mayor Price stated that he saw no
reason, in his opinion, to change the wording.
The
motion carried 4-1, with Commissioner Wilson voting nay.
New Business
Discussion and possible action
regarding an Ordinance allowing dogs in outside dining areas of restaurants,
which was requested by Town Manager Bursick.
Commissioner Evans advised that she
brought it to the Town Manager because she had a citizen asking her to do
something about this issue. She stated
that the Governor signed a Bill last year.
She stated that the restaurants can choose to do this, they would
complete a no-fee application, the response she has received from the local
restaurants owners was favorable.
Commissioner
Evans made a motion that an Ordinance be drafted to allow doggy dining outside
of local restaurants, which was seconded by Mayor Stacey.
Commissioner Wilson advised that this
Bill being a three-year pilot program to allow dogs outside of restaurants,
that we should see how it works. He
spoke about the health issues.
Mayor Stacey read the article showing
restaurant owners to be responsive to this.
Commissioner Guglietta stated it would
be no problem if it is for dogs only.
Vice Mayor Price commented that some
people who would not be interested in going to a restaurant with dogs, the Town
is going to take the position that it would allow dogs to be in outside seating
at restaurants, it would be totally up to the establishment. He said his only concern was if there were an
incident and someone was injured, and people looking around for someone to sue,
what would our liability be?
Town Manager Bursick stated that it
would be the Health Department rather than the Town.
Commissioner Guglietta stated that the
Town would put it as a pilot program for two years trail period. Mayor Stacey amended motion to two years.
Ms. Henry Wallen,
Vice Mayor Price suggested that the
Town go cautiously, studying this issue first before, it could be a situation
of people coming from everywhere.
Commissioner Guglietta stated that he
understood, but there should be a study, with the pros and cons.
Commissioner Wilson stated that rather
than Town Attorney, have the Town Manager do the research.
Commissioner
Evans withdrew her original motion, which was seconded by Mayor Stacey.
Commissioner
Evans made a motion that Town Manager Bursick look into existing Ordinance, get
background information and make an informed decision, which was seconded by
Mayor Stacey. The motion carried
unanimously.
Reports
Town Attorney Gougelman discussed the
recommended policy regarding his access for his services and his attendance at
meetings in the event of a conflict.
Mayor Stacey spoke about the meetings. There was a discussion regarding expenses and
possible abuse. It was decided that the
Boards and Town employees go through the Manager.
Vice Mayor Price spoke about the Space
Coast League of Cities, he stated that he has two Resolutions to place on the
Commission’s regular meeting agenda regarding the Advance Life Support Services
to continue funding to municipalities; the second one for the Florida
Department of Environmental Protection regarding their issuing of permits
without consulting with local municipalities to ask what is required by them. This Resolution will require that they consult
with local municipalities first. It
would be placed on the next agenda.
Vice Mayor Price advised of the Space
Coast League of Cities Scholarship Award of $2,000 for a student majoring in
Public Administration. He said the
deadline is
Vice Mayor Price spoke about the
Florida League of Cities Conference in
Commissioner Evans spoke about the
Library Board, that there will be cuts, but that it would not change the hours
of operation or personnel, but there is a shortfall of funds to buy books. She said it is a nice Library everyone should
go and enjoy it.
Commissioner Wilson spoke about the
e-mails and website, not getting anything of value, to re-evaluate it; check on
the cost to be saved by eliminated the office e-mail addresses for the Commission. He then spoke of the Pedway deficit.
Town Manager Bursick explained that the
Pedway project will require the use of some General Fund reserves, and that we
will then make a budget adjustment.
Commissioner Wilson then spoke about
his vacation to
Commissioner Guglietta stated that it
was nice to be back; he said he was gone for ten weeks, he then advised of his
small stroke, that he had been in the hospital for three days. He advised the Town Attorney of the need to
update the contract with the Fire Department, to please take a look at the old
contract.
Commissioner Guglietta then spoke about
his time in
Mayor Stacey stated that he has
attended several meetings, he invited everyone to the Community Night Potluck
on Wednesday, August 29, 2007 from 5:30 to 8:00 P.M. in the Community Center,
he said it is part of the “Communities for a Lifetime Program”, there are
several volunteers, and he took his hat off to them for their great work and
dedication.
The meeting duly adjourned at
______________________________
William G. Stacey, Mayor
ATTEST:
_____________________________
Lenore R. Milan,
Town Clerk