Town Commission
Regular
Meeting - Revised
The Town Commission of the Town of Melbourne Beach, Florida,
met in regular session on
***
In attendance were Mayor
Mayor
Stacey called the meeting to order and offered the invocation. The entire assembly recited the Pledge of
Allegiance to the Flag.
Approval of Minutes
Vice Mayor Price made a motion to approve the minutes of the
Consent Agenda
Authorization for the Town Manager to execute Task Assignment No. 6 in
the amount of $6,705 with Jones Edmunds for services related to the Oak Street
Pedway Corrective Action Plan Project, which was requested by Town Manager
Bursick.
Commissioner
Guglietta made a motion to approve the Consent Agenda item, which was seconded
by Vice Mayor Price. The motion carried
unanimously.
Presentations by Special Guests
Mr. Don Riordan, Jr. along with Joe Watts, current President of the
Rotary Club presented the Town with a check for $500 for the insulation for the
Mr. Cody Thomas of My Safe Florida Home Program was not available to
make his presentation.
Non-Schedule Citizen Comments
Mr. Frank Thomas,
Ms.
Ms. Carol Massoni,
Mr. Marshall Kett,
Mrs.
Vice Mayor Price stated that in addition to the Parade, we had the
Christmas Tree Lighting, with many people enjoying that evening. He then thanked Mrs. Downing and her
Committee and the Town Staff for all their hard work.
Boards and Committees
Board of Adjustment – Consider
appointing John Remark as a regular member and the appointment of Neal
Tompkins, as an alternate member for a three-year term ending
Vice
Mayor Price made a motion to appoint John Remark as a regular member and Neal
Tompkins as an alternate member of the Board of Adjustment, with Mr. Tompkins
term ending December 19, 2010, which was seconded by Commissioner Tennant. The motion carried unanimously.
Parks Board – Consider the appointment
of Norman Ciummo for a two-year term ending
Commissioner Guglietta
made a motion to appoint Norman Ciummo to the Parks Board with a two-year term
ending
Board Reports
Mrs.
Mrs. Remark thanked the Rotary Club for their generous
check, thanked the Mayor and Building Official Whitelock for all their help.
Mr.
Mrs.
Commissioner Guglietta advised that he is trying to get the
State to connect the sidewalk to A1A, so that we can walk to see our old Town
Hall. He then thanked Public Works for
going above and beyond to help with that project.
Mr. Frank Thomas, History Center Board, advised that it is a
wonderful center with the Town’s history, his collection of 45 years is also
there. He spoke about his Annual New
Years Day History Walk at
Mr. Thomas spoke about the plaque hanging in Town Hall’s
Conference Room, it says City of Melbourne Beach rather than Town of Melbourne
Beach.
Mrs. Remark stated that the Brevard Heritage Council 2004
took the history walk, we are legally a Village, but still are a Town.
Vice Mayor Price thanked Mr. Thomas for bringing this to our
attention. He stated that 2004 was a tumultuous year for this Town; we will
have to be careful of errors in the future.
Public Hearing
First reading of Ordinance No. 2007-13
amending section 11-54(c)(6)(B) of the Code relating to the Police Officers’
Retirement System, as requested by Town Manager Bursick.
Town
Attorney Gougelman read the Ordinance No. 2007-13 for first hearing in title
only:.
AN ORDINANCE OF
THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, RELATING TO THE POLICE
OFFICERS’ RETIREMENT SYSTEM; AMENDING SECTION 11-54(c)(6)(B), TOWN CODE, RETIREMENT; AMENDING THE
POWERS OF THE BOARD OF TRUSTEES WITH REGARD TO INVESTMENTS; PROVIDING FOR SEVERABILITY AND INTERPRETATION; PROVIDING FOR REPEAL
OF ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN
EFFECTIVE DATE, in title only
Vice Mayor Price made a motion to
approve this Ordinance, which was seconded by Commissioner Guglietta. The motion carried unanimously.
The next item was the discussion and
possible action regarding Resolution 2007-20 adopting the Evaluation and
Appraisal Report for the Town of
Town Attorney Gougelman read Resolution 2007-20 in title
only:
A RESOLUTION OF THE TOWN COMMISSION
OF TOWN OF MELBOURNE BEACH
ADOPTING THE EVALUATION AND APPRAISAL REPORT FOR THE TOWN OF MELBOURNE BEACH
COMPREHENSIVE PLAN; STATING THE INTENT OF THE TOWN COMMISSION TO AMEND THE
COMPREHENSIVE PLAN BASED UPON RECOMMENDATIONS CONTAINED IN THE REPORT; AND
APPROVING TRANSMITTAL OF THE REPORT TO THE DEPARTMENT OF COMMUNITY AFFAIRS IN
ACCORDANCE WITH SECTION 163.3191, FLORIDA STATUTES.
Vice Mayor Price made
a motion to approve Resolution 2007-20, which was seconded by Commissioner
Guglietta.
The public hearing was opened to the public. There being no discussion, it was closed to
the public.
The motion carried as
follows:
Mayor
Stacey Aye
Vice Mayor
Price Aye
Commissioner
Evans Aye
Commissioner Guglietta Aye
Commissioner Tennant Aye
Commissioner Guglietta thanked Town Manager Bursick and Town
Planner for all their hard work with regard to the Evaluation and Appraisal
Report for the Town of Melbourne Beach.
The
next item on the agenda was Discussion and possible action
regarding Resolution 2007-15 amendments to the policies and procedures for the
Town Commission, as requested by Town Manager Bursick.
Town Attorney Gougelman read Resolution 2007-15 in title
only.
A RESOLUTION OF THE TOWN OF
PROCEDURE; 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.
Commissioner Guglietta made a motion
to approve Resolution 2007-15, which was seconded by Vice Mayor Price. The motion carried unanimously.
The
next item on the agenda was the discussion and
possible action regarding Resolution 2007-21 Authorizing the Town Manager and
Town Clerk to transmit the Town’s Reserve Funds to the United States Treasury
for investment, which was requested by Town Manager Bursick.
Town
Attorney Gougelman read Resolution 2007-21 in title only.
A RESOLUTION OF THE TOWN OF
AUTHORIZATION TO TRANSMIT TOWN’S RESERVE FUNDS
TO THE UNITED STATES TREASURY TO BE INVESTED ACCORDING
TO APPLICABLE LAWS OF THE STATE OF
Town
Manager Bursick advised that the Commission had two options: State of
Town
Manager Bursick stated he was requesting authorization to transmit reserve
funds for the Town to the United States Treasury for investment in Treasury
Bills. He advised the Town will receive
a slightly lower return, but, with these uncertain times, we can put our
surplus funds in a more secure investment.
He said, we have withdrawn some funds, but high risk funds are not
available for withdrawal.
Town
Manager Bursick advised that the State has an investment pool. He said they consolidated funds into the one
account; a safe investment for surplus funds without concern of loss of
investment.
Vice Mayor
Price stated that, as a result of the State freezing funds in their bank, the
Town did not suffer any loss, but will possibly lose our $15,000.
Commissioner
Tennant spoke about the Town’s $900,000, what type of investments does the
Town’s money go into.
There was a
discussion regarding the Town’s being subject to some risk, and this is the
reason the Town Manager was requesting authorization to move funds to United
States Treasury Bills.
Mr. Thomas
Shaw,
Commissioner
Guglietta advised that the State, not the Town placed funds in that type of
account.
Commissioner
Evans asked if the Town Manager was simply seeking authority to diversify our
funds. He responded yes.
Mr.
Marshall Kett 411,
The motion carried unanimously.
The
next item on the agenda was the discussion and possible action regarding
Resolution 2007-22 finding the proposed Constitutional Amendment serves a
public purpose, which was requested by Town Manager Bursick.
Town
Attorney Gougelman read Resolution 2007-22 in title only.
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF MELBOURNE
BEACH, FLORIDA (“THE TOWN”) FINDING THAT THE EXPENDITURE OF MONEY IN
OPPOSITIION OF THE PROPOSED CONSTITUTIONAL AMENDMENT: PROVIDING THAT THE
DISSEMINATION OF INFORMATION CONCERNING THE IMPACT OF THIS AMENDMENT ON THE
CITIZENS OF THE COUNTY AND THE TOWN IS ESSENTIAL TO THE HEALTH, SAFETY,
PROTECTION AND WELFARE OF THE TOWN AND ITS CITIZENS; PROVIDING AN EFFECTIVE
DATE: AND FOR OTHER PURPOSES, in title only.
Commissioner Guglietta made a motion
to approve Resolution 2007-22, which was seconded by Vice Mayor Price.
Town
Manager Bursick advised that what this is proposed by the Florida League of
Cities for the upcoming Constitutional Amendment, spending money over and above
informational material, to be placed in our newsletter and website, possibly
speak with the clubs in Town. He stated
that he did not foresee the Town doing that but, but he would like to get
information out to the voters.
Commissioner
Tennant stated that, as a group, we have not taken a position that we are
opposed.
Town Manager
Bursick stated that the Town’s role is to get the information out, the
residents will make up their own minds.
Commissioner
Guglietta stated that the residents would get the information of both sides,
weigh the effects, this is a small Town.
He said it is the Town’s duty to advise the Pro’s and Con’s, they make
their own decision.
Vice Mayor
Price stated that there were very powerful and strong lobbies to get this
passed.
Commissioner
Evans asked if they were to delete the words in opposition, would that
make Commissioner Tennant more comfortable.
Town
Attorney stated that the word in opposition could be stricken from the
Resolution, it will be written that the
expenditure of money to educate the public regarding the effects of the
proposed Constitutional Amendment.
Mrs.
The motion carried unanimously.
Old
Business
The next item on the agenda was the
discussion and possible action regarding proposed settlement agreement between
the Town of Melbourne Beach and C & D Construction, Inc. related to the Oak
Street Pedway Project, which was requested by Town Manager Bursick.
Town Manager Bursick advised that
several months ago the Commission directed staff to develop a settlement
agreement between the Town and C & D Construction, Inc. relating to the
original construction contract for the Oak Street Pedway Project. He advised that he and the Town Attorney were
putting that agreement together. This
conceptual agreement would reduce the final payment due to C & D by the
Town to $25,000. The Town has retained
their final payment of $44,320.67, with this agreement the Town would reduce the
final payment by $19,320.67 to be applied to the corrective action plan.
Vice
Mayor Price made a motion to approve the authorization, which was seconded by
Commissioner Evans. The motion carried
unanimously.
New Business
The next item on the agenda was the
discussion and possible action regarding
amendments to the description and location of the Coastal Construction Control
Line contained in the Land Development
Code, as requested by Town Manager Bursick.
Town Manager Bursick stated that the
Town’s current Coastal Construction Control Line is different than the line
established by the Florida Department of Environmental Protection in 1986. He said he was asking if we could go back to
modify the Land Development Code, for
the Planning and Zoning Board to review to match the State.
Vice
Mayor Price made a motion to approve this amendment, which was seconded by Commissioner Guglietta.
Vice Mayor Price stated that this was
for property owners building by the Ocean, applies for a permit to build, they must
adhere to the Coastal Construction Control Line the State has implemented,
which is different from one we have been operating under, looking for conformance
with the State’s.
The
motion carried unanimously.
The next item on the agenda was the authorization
for the Town Manager to execute a Master Agreement between the Board of County
Commissioners of
communication system
(800 MHz), which was requested by Town Manager Bursick.
Town Manager Bursick advised that in
past years the Town received a surcharge of $12.50 for speeding violations,
which the County shared with municipalities.
He stated that the County determined it was illegal unless certain
conditions apply.
Town Manager Bursick advised that the
County notified they would be retaining all the surcharge money and would be
used to improve radio communication.
Vice Mayor Price made a motion to approve
the authorization, which was seconded by Commissioner Guglietta.
Town Attorney Gougelman advised that
there was a minor modification on page three of the agreement that reads: ten-year term on agreement.
The
motion carried unanimously.
The next item on the agenda was the discussion
and possible action regarding 1). Development of an Ordinance prohibiting
drive-thru windows for new business locating in the 6-B Downtown Business, 7-C,
General Commercial and 8-B Residential-Business zoning districts and 2).
Enactment of a Pending Ordinance Doctrine providing notice of this Ordinance,
as requested by Commissioner Guglietta.
Commissioner Guglietta advise that he
brought this proposal because he could not find it in any Ordinances regarding
drive-thrus; we have two in Town for both banks; he said one has three windows;
one has one window. He stated there was
no way of giving guidance to our Planning and Zoning Board regarding
drive-thrus, that he wanted to prohibit drive-thrus, to limit or prohibit any
new drive-thrus or drive-ins, but grandfather the Bank of America and B B &
T. He spoke of a Pending Ordinance
Doctrine.
Vice Mayor Price stated that we all
know at the present time there is an application made by a large drug store
chain in the Town, this store has drive-thru windows, this would have no impact
on that application, it is what is beyond.
For Planning and Zoning to look into this is the Commission sees fit to
pass it on.
Town Mayor Price stated that the
Commission is not interested in attracting a lawsuit, the intent is to look
into the future.
The meeting was opened to the pubic.
Mr. Thomas Shaw,
There was a discussion regarding
placing Commissioner Evans’ redevelopment of
Commissioner Tennant advised that while
he was on the Board of Adjustment drive-thrus were non-existent in our code,
also overhangs not in the code at that point.
He spoke about setbacks from the property line, to establish some
setbacks to give us the control we want.
Commissioner Evans advised that part of
why the Town is doing the EAR, then look at the Comp Plan and Land Development Code was to make sure
they were consistent; but some will be too little too late.
Vice Mayor Price stated that the Town
tabled the redevelopment plan, should put it back on the agenda, then begin to
build the plan.
Commissioner Evans asked if any
progress has been made.
Town Manager Bursick stated yes, work
has started on what was authorized last meeting, work product in December and
January, to Planning and Zoning in February.
Vice Mayor Price advised that the
logical step would be a contribution to what we are doing what idea will show
up in it.
Commissioner Guglietta stated the Commission
should direct the Town Manager to include this.
The next item on the agenda was the discussion
and possible action regarding an agreement between the Town and John &
Terese McPherson providing for the construction of a walkway connecting
Town Manager Bursick stated that there
has been extensive renovation at
Town Manager Bursick advised that
erosion has occurred and part of the right-of-way eroded, he asked that the
Commission consider this agreement accepting a donation from the McPherson’s to
the Town.
Vice
Mayor Price made a motion to approve this agreement, which was seconded by
Commissioner Tennant.
There
was a discussed regarding the 50’ right-of-way and the variances granted to the
McPherson’s.
Vice
Mayor Price stated that, in effect what this does is upgrade the path on Town’s
right-of-way, it doesn’t change anything, people will be able to walk on a new
path. He said, there will be no change
of ownership, no gains or losses, they will make a donation to the Town.
Ms.
Eugenie Amalfitano,
Ms.
Alice Graham,
Building
Official Whitelock advised that the 5’ wide walkway of paver stones they will
be flat, strollers, bikes can go over it, that the Town would do the
landscaping.
Vice
Mayor Price stated that once you see survey you actually see what actually
exists now,
Mr.
Frank Thomas added that when originally paved in 1923, was put right where it
is now, his driveway is the original road.
The motion carried unanimously.
A
five-minute recess was called.
Reports
Town Manager Bursick gave the financial
report; he then advised that the Pedway corrective action plan project was
coming to a close; only minor items to be completed, that it was one-month
ahead of schedule and 4% under budget.
He advised that Building Official Whitelock and Public Works Supervisor
Hosmer did a great job monitoring this project.
Town Manager Bursick stated that the
Hazard Mitigation Grant Project for 6th (Basin 9) and
Town Manager Bursick advised the
Commission that Police Chief Ron Krueger passed his Florida Certification, that
it was a couple of weeks of intense classes.
Mayor Stacey stated that our Workers’
Compensation has decreased by $5,000-6,000 or more.
Town Manager Bursick advised that we
did receive a sizeable reduction.
Commissioner Tennant stated that the
financial report has so many line items, could it be simplified with a one-half
page summary to include revenues, budgeted revenues, expenditures, budgeted
expenses, last of the 7-8 lines, a short summary if something looks way out of
line, amended budgets.
Commissioner Guglietta advised that the
Metropolitan Planning Organization had its meeting last Thursday, he spoke
about the resurfacing and repaving I-95, one of the only County’s with two
lanes. He said he would attend the
Transportation meeting on
Commissioner Guglietta advised that the
MPO is planning to become a separate entity, detaching from
Commissioner Guglietta stated that the
sidewalk is finished by Flutie Field, it is going to be very nice.
Commissioner Guglietta then commended
the Volunteer Fire Department for participating in Random Acts of Kindness
Program. That the Random Acts of Kindness
are in conjunction with Hope Clinic International. He advised that his Stepson is bi-lingual and
has been chosen to represent
Commissioner Evans advised that she
attended a workshop on Community Redevelopment Agencies.
Vice Mayor Price wished everyone a
Merry Christmas and Happy New Year, stating that the Town has had a good year,
the Town Commission is on the right track, an excellent Town Commission here,
which is reflected in each meeting, now done with zero contention, he applauded
Town Commission for being the people that they are.
Vice Mayor Price spoke about the
Christmas Tree Lighting and Christmas Parade, work of all the Public Works,
Police and Fire Departments, as well as Town Staff, all chipped in for all the
events, it was a very good year.
Vice Mayor Price advised that he
represents the Town at the Space Coast League of Cities, it was a good year;
that he will be the next President, taking his seat in January, that it was a
honor for him and the Town. He then
spoke about the Town of Palm Shores mailing packages to our soldiers in
Mayor Stacey wished everyone a Merry
Christmas and Happy New Year, he advised that the employees will be having a
Christmas Party and that any donations would be welcomed. He then thanked the Staff, Fire Department,
Police Department, Public Works, and the Boards and Committees, saying that it
is a blessing.
The meeting duly adjourned at
________________________
William G. Stacey, Mayor
ATTEST:
____________________________
Lenore R. Milan, CMC, Town Clerk