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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Approval
of Minutes
Commissioner Wilson made a motion to approve the minutes, for the
Consent
Agenda
Approval of authorization for the Town Manager to
execute an agreement with Jones Edmunds for engineering services related to
HMGP Flood Water Drainage Project in the amount of $74,012 for the Harland
Avenue (Basin 1) and Sixth Avenue (Basin 9).
Discussion
and possible action regarding Town Attorney contract, as requested by Town
Manager Bursick was moved to Old Business.
Confirmation of the date for the Regular Town
Commission meeting date in November as Wednesday,
Approval of Special Event: Iceman’s Ball to be held
on
Approval of authorization for the Town Manager to
execute a revised Professional Services Agreement between the Town of Melbourne
Beach and Ragsdale Planning Group, Inc. providing for Planning Services, which
was requested by Town Manager Bursick.
Commissioner
4-1, with Commissioner Guglietta
voting nay.
Vice Mayor Price made a motion to
approve the consent agenda, which was seconded by Commissioner Guglietta. The motion carried unanimously.
Presentation
by Special Guests
Mayor
Stacey was presented with a check from Marguerita Engel of the St. Johns River
Water Management District for Pedway Corrective Action Plan in the amount of
$77,000. She thanked the Town for their
participation and spoke about the Indian River Lagoon License Plates, stating
that 100% of the funds go towards restoration and education, with $4 million
raised to date.
Lieutenant
Haran presented
Mayor
Stacey read a Proclamation declaring the month of October as the Melbourne
Branch of the American Association of University Women Month in the Town of
Melbourne Beach.
Non-Scheduled
Citizen Comments
Ms. Jan
Futch Gilbaugh,
Mrs. Gail
Gowdy,
Mayor
Stacey advised that he would open the special meeting, note who was here, close
the executive session meeting and open to the public.
Vice Mayor
Price stated that after the shade meeting, one Commissioner moved to adjourn
and was seconded by another Commissioner, that a court reporter was present to
transcribe the minutes.
Mr. Steve
Walters,
Boards
and Committees
Vice Mayor Price made a motion to re-appoint
David Wildman and Charles Tennant to the Board of Adjustment with three-year
terms ending
Mr. Charles
Tennant thanked the Commission for his re-appointment.
Public
Hearings
The
first item was the discussion and possible action regarding Resolution 2007-11
requesting that the Florida Department of Environmental Protection recognize
Municipal Zoning Laws as part of its permit processing requirements, as was
requested by Vice Mayor Price.
Town
Attorney Gougelman read Resolution 2007-11 in title only:
A RESOLUTION OF THE TOWN OF
MELBOURNE BEACH TOWN COMMISSION REQUESTING THAT THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION RECOGNIZE MUNICIPAL ZONING LAWS AS PART OF ITS PERMIT
PROCESSING REQUIREMENTS: OPPOSING THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION’S ISSUANCE OF PERMITS WITHOUT CONSIDERING COMPLIANCE WITH LOCAL
ZONING REGULATIONS; PROVIDING FOR THE DISTRIBUTION OF THIS RESOLUTION TO THE
FLORIDA LEAGUE OF CITIES AND STATE AND LOCAL OFFICIALS, in title only.
Vice Mayor Price made a motion to
approve this Resolution, which was seconded by Commissioner Guglietta.
There
was a discussion regarding this Resolution.
Vice Mayor Price advised that it would strengthen the law and that
permits were being issued with out any contact with the local cities.
Building
Official Whitelock stated that other cities are experiencing this problem, the
DEP issues permits without any consideration of the local codes.
Town
Attorney Gougelman advised that the City of
Mrs.
Gail Gowdy,
Ms.
Xochitl Ross,
Vice
Mayor Price spoke more about the Resolution, stating that the Town would be
joining forces with other cities across the state to bring order.
The motion carried unanimously.
Mayor
Stacey made an exception to policy and moved item b. under new business up so Dr.
Andy Atkinson could present his item; discussion of fundraiser to be held in
conjunction with 2008 Founders Day Pineapple Run.
Dr.
Andy Atkinson,
Vice Mayor Price made a motion to
approve a fundraiser to be held in conjunction with the 2008 Pineapple Run
headed by Dr. Atkinson, which was seconded
by Commissioner Wilson, who added that he continue to direct the race for the
next two years.
There
was a discussion regarding the accounting procedures for this fundraiser. Town Manager Bursick would meet with Dr.
Atkinson to make the necessary arrangements.
The motion carried unanimously.
The
next item was the discussion and possible action regarding Resolution 2007-12
amending and increasing the Fiscal Year 2007 budget by $80,000 to provide funds
for the Oak Street Pedway Project as requested by Town Manager Bursick.
Town
Attorney Gougelman read the Resolution in title only.
Vice Mayor Price made a motion to
approve this Resolution, which was seconded by Commissioner Guglietta.
Town
Manager Bursick advised that this is amending the 2007 Budget, transferring the
money to the Oak Street Pedway Project fund.
He stated it was for engineering expenses and actual expenditures incurred
with this project. He advised that the
Commission, at their
Town
Manager Bursick stated that Gary Sack was preparing a suit to be filed against
Outlaw & Jones.
The motion carried unanimously.
Old
Business
Discussion
and possible action regarding an Ordinance allowing dogs in outside dining
areas of restaurants, as requested by Town Manager Bursick.
Commissioner Wilson made a motion to
turn this item over to the Planning and Zoning Board for their recommendation,
which was seconded by Commissioner Guglietta.
Town
Manager Bursick stated that he gave a brief overview of this at the August
meeting, that he now had additional information to develop the Ordinance. He advised that several other cities were
using this throughout the State.
Town
Manager Bursick advised that it would be incorporated into the Land Development
Code, that there was a specific process to amend the LDC; the Planning and
Zoning Board will review and send it back to the Commission with their
recommendation. He advised that he would
recommend they place a sunset of
The motion carried unanimously.
The
next item was moved from the Consent Agenda to Old Business by Commissioner
Wilson:
The
discussion and possible action regarding the Town Attorney contract, as
requested by Town Manager Bursick.
Town
Manager Bursick advised that this was the same contract that was submitted to
the Commission at their last meeting; he recommended the tiered rate of $142
per hour for general representation and $165 per hour for litigation, including
settlement negotiations.
Vice Mayor Price made a motion to
approve the Town Manager’s proposed recommendation, which was seconded by
Commissioner Guglietta.
Commissioner
Wilson stated that he had a problem with the sliding scale; he advised that we
do not receive much information if we are being charged, on the invoice, correctly. He advised that we should have one figure and
stick with it.
Vice
Mayor Price stated that when anyone who hires an attorney, one attorney charges
one fee, the other another; he said, we have reasonable fees put in our
contract, our Town Manager developed it, and he feels comfortable with it; no
problem with what is being received, he stated that two fees doesn’t bother him
in the least, the Town is dealing with an honorable man who has worked many
years for our Town.
The motion carried 4-1, with
Commissioner Wilson voting nay.
New
Business
The next item on the agenda was the discussion and possible
action regarding proposed settlement agreement with C&D related to Oak
Street Pedway Project as requested by Town Manager Bursick.
Town Manager Bursick spoke about the settlement agreement
submitted by C & D; that he had withheld payment of $44,320 from C & D
from the original contract. He advised
that C & D have asked that they receive a final payment of $25,000 and the
Town would retain the $19,320 to settle this matter.
Town Manager Bursick advised that they were billing as the
work was completed and they did work in accordance with the engineer’s
directions.
Commissioner Wilson
made a motion to direct the Town Attorney to settle with C & D, which was
seconded by Commissioner Guglietta.
There was a discussion regarding the original contract, if
there would be any adverse effect with this settlement and the reduction in
payment.
Mr. Steve Walters,
Vice Mayor Price stated that what the Town Manager was
asking was for approval to work on the settlement with C & D in conjunction
with the Town Attorney. He said he
approved the Town Manager’s request.
Vice Mayor Price stated that it was a strategic move to
settle this whole issue.
Commissioner Wilson
withdrew his motion and Commissioner Guglietta withdrew his second of that
motion.
Commissioner Guglietta
moved to direct the Town Manager and Town Attorney to look into a settlement,
which was seconded by Vice Mayor Price.
The motion carried unanimously.
The next item was the
discussion of incorporating The M.O.R.G.A.N. Project fundraising activity into
the 2008 Founders Day event, which was requested by Town Manager Bursick
Mrs. Kristen Malfara, Co-Founder of The M.O.R.G.A.N.
Project, Inc. spoke about this non-profit, that it assists families with
disabled children and usually has a fundraiser the day after the Town’s
Founders Day and was asking if the Town was interested in incorporating their
fundraiser with our Founders Day. She
stated that the Parks Board thought this was a good idea. Mrs. Malfara advised the Commission that they
have lots of volunteers and entertainment events, which would save the Town money
and it would be nice to incorporate the events
Mrs. Malfara thanked the Commission for considering this so
early, that her organization begins months in advance to solicit sponsors. She advised that they usually have 75-100
volunteers every year, some will help with the turtle race, and others can help
out the Town. With this coordination of
events, it will take a huge burden off her Board Members and the Town will
receive free entertainment and assistance to enhance the Town’s event.
Commissioner Guglietta
made a motion to incorporate The M.O.R.G.A. N. Project Event into the 2008
Founders Day to be coordinated with the Parks Board and Town Manager, which was
seconded by Vice Mayor Price.
Mr. Steve Walters,
Vice Mayor Price stated that this sounded like a wonderful
project, that they raise funds by the adoption of turtles, that we could have
the sponsors’ names on the T-Shirts.
The motion carried
unanimously.
The next item was the discussion regarding development of
Ordinance related to docks and accessory buildings, as requested by Town
Manager Bursick.
Town Manager Bursick advised that the new policy in place
regarding the development of Ordinances to be considered by the Planning and
Zoning Board requires the Commission’s approval. He said the Planning and Zoning Board have
been discussing this item for some time now, and are a long way away, the
Commission needs to give direction to the Planning and Zoning Board as to if
you would like them to go ahead.
Commissioner Wilson stated that it would take thousand of
dollars to draw up Ordinances for every situation.
Commissioner Guglietta advised that he was in agreement with
Commissioner Wilson, that the Town would be responsible for dredging, that we
should leave it alone.
There was a discussion regarding the legalities and
difficulty to cover every situation.
Building Official Whitelock was asked what he thought about
this and he responded that there are many homes that do not have docks, some
have worked out this matter themselves with their neighbors.
Vice Mayor Price moved
to table this item, which was seconded by Commissioner Guglietta.
Mr. Charles Tennant, 2002 Neptune Drive, advised that his wife,
Suzette was on the Homeowner’s Association Board, he said that if you do not
have rules, people work it out, some not so nice. He spoke about dredging, how it was voluntary
and about 70% did pay to have it done.
Vice Mayor Price withdrew his motion, Commissioner Guglietta withdrew
his second.
Commissioner Wilson
made a motion to table until an indefinite date in the future, which was
seconded by Commissioner Guglietta. The
motion carried unanimously.
The next item was the discussion regarding setback
requirements for 60’ wide lots, as requested by Town Manager Bursick.
Town Manager Bursick advised that the Planning and Zoning
Board was asking direction regarding this item.
Vice Mayor Price made
a motion to forward this item to the Planning and Zoning Board, for their
recommendation, which was seconded by Commissioner Guglietta. The motion carried unanimously.
Reports
Town
Attorney Gougelman discussed the recommended procedure for use of the Town
Attorney; that a policy was drafted for the Commission’s consideration regarding
his access for his services.
Commissioner
Wilson advised that he disagreed with it.
Vice Mayor Price made a motion to
approve the procedure for contacting of the Town Attorney and the time schedule
as presented, which was seconded by Commissioner Guglietta.
Commissioner
Wilson spoke about the 18 minutes and that the Commission should be able to put
their questions in writing.
Vice
Mayor Price stated that the purpose was to save money. There was a discussion regarding past issues. He said, it was not fair to the Town Manager
and Town Attorney not to have a policy in place, holds down expenditures.
Commissioner
Evans asked Town Attorney Gougelman if this policy was similar to what he had
here previously.
Town
Attorney Gougelman advised that he didn’t even bill on Commissioner’s calls,
that most calls take less than that proposed.
He said the Town Manager is looking for some way to monitor contract
expenses.
The motion carried 4-1, with
Commissioner Wilson voting nay.
Town
Manager Bursick gave the financial report; he advised that our new Police
Chief, Ron Krueger, would begin working here next Monday. He advised that there would be a swearing-in
ceremony on Monday, September 24th at
Town
Manager Bursick advised that he would be attending a meeting next Friday
regarding the property tax reform measures.
He stated that a draft of the Stormwater Master Plan has been received
and he would be reviewing it with Building Official Whitelock and Public Works
Supervisor Hosmer, then he will have a Workshop with the Commission in the near
future.
Town
Manager Bursick advised that the Pedway Project is proceeding well, with the
installation of pipes, and the Ryckman House was raised, the foundation for the
porches has begun.
Mayor
Stacey thanked the Town Manager, Town Clerk and Building Official and asked
that his thanks be passed to all our employees for their good work.
Commissioner
Guglietta spoke about the MPO meeting, the cutback in transportation funds in
the State; that some projects in the County may be cut out, such as the
widening of Pineda Causeway south to Eau Gallie. He advised that the MPO is going to be a
separate entity.
Commissioner
Guglietta advised the Commission that he has spoken to representatives
regarding Flutie Field, he spoke of the year 2050, the different plans for
Commissioner Guglietta stated that
with the outstanding leadership of the Town Manager, the only way we can show
him our appreciation, is to, with the money left in the 2006-07 budget, give
Town Manager Bursick a $3,000 bonus for all his hard work and dedication, which
was seconded by Vice Mayor Price.
Commissioner
Evans stated that she was in favor, but it was not on the agenda, the
Commission could not vote on it.
Mr.
Steve Walters,
Town
Attorney advised that, under Sunshine, it is an administrative item.
Commissioner
Guglietta moved to waive procedure.
Town
Attorney Gougelman stated that if they made it a bonus, to valid to be added to
his salary.
Commissioner Guglietta amended his
motion to an immediate pay raise of $3,000 to Jim Bursick for his outstanding
leadership and hard work, which was seconded by Vice Mayor Price. The motion carried unanimously.
Mayor
Stacey advised that he has attended several meetings; the Home Rule Committee
and Leadership Luncheon and Water Board.
He stated he was happy to be Mayor.
Commissioner
Evans stated that she didn’t have anything to report.
Vice
Mayor Price stated that it has been very busy over the last period, he
expressed his compliments to the staff, they have a full agenda to take care of
plenty of important issues for Jim, he welcomed back the Town Attorney, and the
Town Clerk has a mammoth load, and our Building Official has been working
hard.
Vice
Mayor Price stated that the past five years there was confusion in the Town,
now have a full compliment of staff, a stabilized Town government, he said he
was proud of all this Town Commission has done, it was a good run for five
years, going to run one more term, he said he has his signs around Town.
Vice
Mayor Price advised that he has been busy with the Space Coast League of Cities,
attending the FLC Conference gives the attendees a wealth of knowledge and
information, he advised that he is actively involved with the Space Coast
League of Cities and will be President in the next term, if re-elected, for a
year, it is a kudo for the Town, being a major role. He stated he was looking for their vote.
Commissioner
Wilson stated he didn’t have anything to report and moved to adjourn.
Mayor
Stacey informed that he would be taking our Police Chief to his CivMil Meeting.
The
meeting duly adjourned at
______________________________
William G. Stacey, Mayor
ATTEST:
__________________________
Lenore R. Milan,
Town Clerk