Town Commission

Regular Meeting

October 17, 2007 - Revised

The Town Commission of the Town of Melbourne Beach, Florida, met in regular session on Wednesday, October 17, 2007, in the Community Center, 509 Ocean Avenue, at 6:30 p.m.

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In attendance were Mayor William Stacey, Vice-Mayor Donnie Price, and Commissioners April Evans, Paul Guglietta and Sandy Wilson. Also present were Town Manager Jim Bursick, Town Attorney Paul Gougelman, Building Official William Whitelock 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.

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Changes to the Agenda

Town Manager Bursick requested to delete Consent Agenda item #1 and Public Hearing item C

and to move Consent Agenda item 3a. to New Business.

Consent Agenda

The first item was the authorization for the Town Manager to execute an Agreement between the Town of Melbourne Beach and Brevard County providing for lifeguards at Ocean Park for the period of April 5 through October 26, 2008 in the amount of $21,716, which was requested by Town Manager Bursick.

The next item was the special event of the Heritage Holiday Home Tour, as requested by Brevard Heritage Council.

Vice Mayor Price made a motion to approve the amended Consent Agenda, which was seconded by Commissioner Guglietta. The motion carried unanimously.

Approval of Minutes

Commissioner Guglietta made a motion to approve the minutes, for the September 19, 2007 Regular Meeting, the September 17, 2007 Special Call Meeting, May 2, 2007 and September 12, 2007 Executive Session Meetings and September 19, 2007 Budget Public Hearing Meeting Minutes, which was seconded by Vice Mayor Price. The motion carried unanimously.

Presentation by Special Guests

Ms. Tammy Vock, President of the Florida Association of City Clerks presented certification as a municipal clerk (CMC) to our Town Clerk Lenore Milan.

Fire Lieutenant Jeff Boos, of Melbourne Beach Volunteer Fire Department, Inc., thanked Fire Chief Seth Stark and the current and previous Town Commission for their support over the years. He presented the new mini-pumper and Engine 258, stating that they were the best fleet in Brevard County.

Commissioner Wilson spoke about the Space Coast Professional Fire Fighters, Inc., advising that he checked into this organization, he stated that no donations go directly to the Town of Melbourne Beach, they are a for profit organization, only 2% goes into the fund. He stated that he asked the Town Clerk to place this information into the newsletter, he said there were complaints lodged against this organization; he wanted to make this a public record, for our residents to be aware of what this program is all about.

Vice Mayor Price thanked the Fire Department, stated he was a volunteer for the Fire Department in 1998, spoke of a fire storm he got caught in. He thanked them for getting the new equipment.

The Town’s new Police Chief Ron Krueger was introduced by Mayor Stacey. Mayor Stacey then read a Proclamation to Brevard County Sheriff Jack Parker, recognizing his efforts by coming to the immediate aid of the Town, offering the services of Commander Stephen Salvo as
Acting Police Chief until a permanent replacement was selected.

Mayor Stacey presented Commander Stephen Salvo with a plaque, thanking him for his service to the Town.

Mayor Stacey read a Proclamation, proclaiming November as Family Month in the Town of Melbourne Beach.

A five minute recess was then called so everyone could see the new Fire Department mini-pumper and Engine 258.

Commissioner Wilson asked if John Alpizar, Chairman of the Police Pension Board would be able to come up and speak at this time.

Public Hearings

The first item was the first reading of Ordinance 2007-08 relating to zoning, amending Section 7A-38, Appendix A, providing that bed and breakfast inns are a conditional use in the 8-B zoning district permitted by special exception, as requested by Town Manager Bursick.

Town Attorney Gougelman read Ordinance 2007-08, in title only for first reading:

AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD

COUNTY, FLORIDA, RELATING TO ZONING; MAKING FINDINGS; AMENDING

SECTION 7A-38, APPENDIX A, TOWN CODE; PROVIDING THAT BED AND

BREAKFAST INNS ARE A CONDITIONAL USE IN THE 8-B ZONING DISTRICT

PERMITTED, in title only.

Commissioner Wilson made a motion to approve this Ordinance for first reading, which was seconded by Commissioner Guglietta. The motion carried unanimously.

The next item on the agenda was the first reading of Ordinance 2007-09 regarding amendments to the Police Pension Plan, which was requested by Town Manager Bursick.

Town Attorney Gougelman read Ordinance 2007-09, in title only for first reading:

AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, RELATING TO THE POLICE OFFICERS’ RETIREMENT SYSTEM; AMENDING AND RESTATING SECTION 11-54, TOWN CODE, RETIREMENT; PROVIDING FOR THE POLICE OFFICERS’ RETIREMENT SYSTEM; PROVIDING DEFINITIONS; AMENDING THE POWERS OF THE BOARD OF TRUSTEES, MEMBER CONTRIBUTIONS, BENEFITS, AND DISABILITY BENEFITS; PROVIDING OPTIONAL FORMS OF BENEFITS AND FOR BENEFICIARIES; AMENDING THE MAXIMUM BENEFIT LIMITATIONS AND DIRECT TRANSFER OF ELIGIBLE ROLL OVER BENEFITS; SETTING FORTH THE DISTRIBUTION OF BENEFITS, MISCELLANEOUS PROVISIONS; PROVIDING FOR THE EXEMPTION FROM EXECUTION AND NON-ASSIGNABILITY, PENSION VALIDITY, FORFEITURE OF PENSION, AND INDEMNIFICATION; PROVIDING FOR SEVERABILITY AND INTERPRETATION; PROVIDING FOR REPEAL OF ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE, read in title only.

Vice Mayor Price made a motion to approve this Ordinance, which was seconded by Commissioner Guglietta.

Mr. John Alpizar, Chairman of the Police Pension Board, advised that the Board’s Attorney, Bonni Jensen, could not be here tonight, that he was representing the Board.

Mr. Alpizar stated that the Ordinance is in compliance with the Law; and that Ms. Jensen would be at the next meeting for the second reading of this Ordinance should the Commission have any additional questions.

The motion carried unanimously.

Non-Scheduled Citizen Comments

Mr. Steve Walters, 416 6^th Ave, spoke about recognizing one of our Police Officers for his outstanding job, he said he requested, via a public records request, the letter of recognition from the Town of Melbourne Beach Police Department for his fine job of police work, he then read this letter. Mr. Walters stated that this officer saved thousands of dollars and should be recognized in the public.

Mayor Stacey advised that he had met with the Town Manager and discussed the Police Department’s policy with regard to this matter, and he said it was handled per their policy.

Ms. Susie Stark, 307 5^th Ave, stated that she wished Lt. Haran was here, she had written a poem to him which she read.

Ms. Stark thanked the Commission for their time and dedication in being fiscally responsible.

Boards and Committees

Vice Mayor Price made a motion to appoint Carol Crispen to the Parks Board with two-year terms ending October 17, 2009, which was seconded by Commissioner Guglietta. The motion carried unanimously.

Mrs. Marty Remark, Chairperson of the Historical Preservation and Awareness Board presented an update. She advised that the Board met and brought the pier up to date with pictures. She advised that the Ryckman House pilings are up; the porch was to be put up starting this coming Monday, waiting until after the Iceman’s Festival.

Mrs. Remark spoke about the photographs she received from the Beaujeans, that the Commission should come to see them.

Special Event

The Heritage Holiday Home Tour, which was requested by the Brevard Heritage Council.

Mrs. Remark advised that the Brevard Heritage Council is planning to do a home tour here, that they did this before. She said they recognize architecturally historic areas; they work with the Brevard County History Division. They are volunteers and this will be a fundraiser, of which some of the profits will go to the Ryckman House; they also give out a $500 scholarship every year. She said you would buy a ticket, and receive a map. The homes will be open, there will not be a parade, no extra Police would be needed. Our docents will make certain nothing is disturbed at the Old Town Hall.

Commissioner Guglietta made a motion to approve the Heritage Holiday Home Tour, which was seconded by Vice Mayor Price. The motion carried unanimously.

Mrs. Remark advised she would get copies of the letters.

Mayor Stacey advised that he has contacts for scholarships.

New Business

The first item was the discussion and possible action regarding amendments to the Land Development Code to incorporate references to current Florida Building Codes, as requested by Town Manager Bursick.

Town Manager Bursick advised that the Florida Building Codes have changed over the past few years; that the Town still refers to the 1997 Building Code. He stated he was requesting the Commission to give direction to the Planning and Zoning Board to update our Code, mostly housekeeping items. He advised that Building Official Whitelock has prepared suggested changes.

Vice Mayor Price made a motion to approve submitting the Land Development Code to the Planning and Zoning Board, which was seconded by Commissioner Wilson.

Commissioner Guglietta stated that it was excellent that we are doing this; the Town needs it to be up-to-date.

The motion carried unanimously.

The next item on the agenda was the discussion and possible action regarding amendments to the Land Development Code governing the issuance of Special Exception Permits and the uses allowed by special exception in the various zoning districts for the Town of Melbourne Beach, as requested by Town Manager Bursick.

Town Manager Bursick state that on September 27, 2007, there was a joint meeting with the Board of Adjustment and the Planning and Zoning Board and the purpose of that meeting was to get a consensus from the Boards as to what codes need to be reviewed. There was a discussion regarding a development of standards to be used for the issuance of approvals for Special Exceptions, to have a definitive understanding of allowable uses in various zoning districts.

Town Manager Bursick advised that the Board has looked at the Ocean Avenue redevelopment plan looking at limiting size of businesses.

Town Manager Bursick stated that we need to do a comprehensive approach; he said he would like consideration from the Town Commission for a scope of work for those services at a cost of $30,000-$50,000, to consider preserving the size of the Town; it is a complex project; open spaces, setbacks, landscaping and architecture.

Vice Mayor Price asked the Town Manager if it includes Ocean Avenue. He was advised yes.

Commissioner Guglietta spoke about the Comprehensive Plan being vague.

Vice Mayor Price stated that our old codes were written when people trusted their neighbor; they have to have latitude. He stated that the Board of Adjustment is a quasi-judicial Board of judges; they make decisions for our Town, even the Town Commission cannot change those decisions, it is done to keep politics out of it.

Commissioner Wilson spoke about the variances, the opinion of the Town Attorney and how the Board of Adjustment repealed their own decision.

Commissioner Evans stated that this was not relative, and we should get back to our agenda. She advised that this is actually a two-faceted thing, are we considering clarification of the Special Exception and Ocean Avenue Redevelopment, is it one item or two?

Mr. Jay Gurecki, 406 6^th Ave, advised that he spoke to one of his neighbors, he agrees with the Town Manager, the criteria for a hardship; it is a struggle, as a citizen, to show a hardship, the definition is poor.

Commissioner Guglietta advised that the Town needs to update it to give guidance; we need to give permission to the Town Manager and Building Official.

Commissioner Evans made a motion to approve the Town Manager to direct the Planning and Zoning Board to investigate and clarify development of sections for Special Exception allowable uses and research Ocean Avenue Redevelopment, which was seconded by Commissioner Guglietta.

Ms. Trish Reimer, 607 Riverside Dr, stated that since 1998 Ocean Ave, stated that the Ocean Avenue redevelopment code had already been done in 1998, the Town spent a lot of money for a plan, now we are faced with a serious issue. She expressed her desire for the Town Commission’s action before the Town is run into the ground.

Commissioner Wilson stated that he was here when Rochelle Lowandales developed the Ocean Avenue Plan, it had a lot of restrictions in it and the residents got upset, he said, that is when the plan collapsed.

Commissioner Evans asked the Town Manager if he would put something together.

There was a discussion regarding the old plan.

Commissioner Evans stated that if we keep looking backward, not going to be open to go forward.

Mr. Jay Gurecki, 406 6^th Ave, stated that the current proposal is to prevent future risks for the Town.

The motion carried 4-1, with Commissioner Wilson voting nay.

The next item was the special event of the Music at the Pavilion, which would be in conjunction with Community Night, which was approved by the Parks Board.

Mrs. Ann Downing, 801 Pine St., stated she was representing the Community Night volunteers, she said she wished Kathy Emerson, Chairperson, was present. She advised that they had a meeting for the Halloween Potluck and Donnie Price, Jr. volunteered to play music like he had for the Fourth of July. He would play some Halloween music for the children while they were there for the potluck. He has donated his time and music at no cost.

Mrs. Downing also advised that the Old Town Hall was open on Saturdays and Holidays from 11-3, very proud of all their efforts. She stated that the Brevard Cultural Alliance wants to have them join. She asked that everyone come to see what has been done.

Mayor Stacey advised that he had sent a letter thanking the children who played their violins at the last potluck.

Vice Mayor Price made a motion for the music on October 31, 2007 during the Potluck, which was seconded by Commissioner Guglietta.

Commissioner Wilson stated that he spoke to the Town Manager today with regard to the Police being present.

Commissioner Guglietta stated that we have something for Halloween, the Police are on duty, it is something nice for the children and the community, the kids will be safe.

Police Chief Krueger stated he would donate his time, Fire Chief Stark advised that he would too.

Town Manager Bursick stated that there would be Police, but he didn’t foresee bringing any additional in.

Mrs. Jean Marshall, 410 6^th Ave, asked as to what this would be, she was advised that it usually starts at 5:30 P.M.

Mr. Steve Walters, 410 6^th Ave, stated there may be hundreds of kids at this event maybe more. He advised that this was done back in 2004; he spoke about this being a campaign rally for Donnie Price.

Mr. Thijs Stelling, Chevron Station owner, 904 Oak St. advised that he would sponsor this event; he was willing to pay for it.

The motion carried 4-1, with Commissioner Wilson voting nay.

Reports

Mayor Stacey stated he had the honor of being a part of Teen Court, he had his first case, he then explained the process.

Mayor Stacey advised that he attended the Home Rule Meeting in Tampa.

Town Attorney Gougelman advised that he has received the proposed settlement, that, pursuant to Government in Sunshine Law, the Commission needs to hold an Executive Session Meeting. He suggested Monday, October 22, 2007 at 6:30 P.M.

Commissioner Guglietta moved to affirm the actions that were taken by the Town Manager and Town Attorney with regard to their meeting with Mr. Stelling and his attorney regarding the lawsuit authorized and directed by the Town Commission, which was seconded by Vice Mayor Price. The motion carried 4-1, with Commissioner Wilson voting nay.

Commissioner Guglietta advised that he was attending the League of Cities meeting in Tampa, he inquired about the status of the Fire Department contract. Town Manager Bursick advised that he and the Town Attorney are working on a draft and would be meeting with Fire Department personnel.

Commissioner Guglietta stated that the volunteer Fire Department meeting, which included a helicopter and Marine Rescue, went very well. He advised that he has just received receipts from Gary Sack and he has requested for Mr. Sack to provide him with more detail. He then discussed expenditures; and expense at $200 last month discussing the Stelling case.

Town Manager Bursick advised that he had missed Mr. Sack’s call.

Commissioner Guglietta stated that, for a four-month period, $2,300 was spent by Commissioner Wilson; he then asked Commissioner Wilson what he needed to speak about with Mr. Sack. He advised that Commissioner Wilson is using the Town Attorney as his personal lawyer; that the Town can’t afford to have Commissioner Wilson save the Town money. He then spoke about an investigation.

The meeting duly adjourned at 8:54 P.M.

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William G. Stacey, Mayor

ATTEST:

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Lenore R. Milan, CMC, Town Clerk