Town Commission

Regular Meeting

January 23, 2008

The Town Commission of the Town of Melbourne Beach, Florida, met in regular session on Wednesday, January 23, 2008, in the Community Center, 509 Ocean Avenue, at 6:36 p.m.

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In attendance were Mayor William Stacey, Vice-Mayor Donnie Price, and Commissioners April Evans, Paul Guglietta and Charles Tennant. 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.

Mayor Stacey presented Commissioner Evans with her Certificate of Completion of the 2007 Advanced Institute for Elected Municipal Officials. Commissioner Evans was congratulated.

Boards and Committees

Mrs. Marty Remark spoke about the Brevard Heritage Council and the error regarding the information written about the Town’s pier. She read a letter from Mr. Jim Asher regarding the Pier Restoration Committee. The letter stated that back in 1983, the pier was inspected and was ordered closed. Mrs. Remark stated that a group of citizens raised money for the restoration of the pier in 1985, the pier restoration was completed in time for Founders Day.

Mrs. Remark advised the Commission that, upon their approval, the Historical Preservation and Awareness Board was planning a Pancake Breakfast fundraiser on February 2, 2008. She spoke of other ideas being considered by the Board to raise additional funds for Ryckman House renovations.

Mrs. Remark stated that Sherwin Williams Paint Company has offered to donate paint and labor for the Ryckman House.

Mayor Stacey requested that the Clerk prepare a letter to the Sherwin Williams Company to thank them for the paint and labor.

Mr. Frank Thomas, History Center Board, reported that they have 12 docents rotating every Saturday from 11a.m.- 3 p.m. to open the History Center for visitors. All Town groups are invited to use the facility. Mr. Thomas stated that the Environmental Advisory Board has used it in the past for their meetings. He advised that the air conditioning needs to be replaced. He stated that it is a fine place to hold a meeting, and that the first meeting was held their 85 years ago. He then read from a set of Town minutes from 1923.

Mr. Frank Thomas, spoke about this year being the 125^th Anniversary of our Town. He stated that he would like to re-print the history of the Town so they could be sold Founders Day. He advised that both the History Center Board and the Parks Board thought it was a good idea. He then passed the books of the 100 Year History to the Commission for their review.

Mayor Stacey asked Mr. Thomas if he put the book together. Mayor Stacey stated that it was a job well done.

Mr. Thomas advised that he has quotes for printing. He stated that he would like to update the book from 1983 to the present.

Commissioner Evans spoke about the Commission receiving a formal proposal with the printing quotes.

Commissioner Tennant advised that he had recently read this book and it should be required reading.

Mrs. Ann Downing, giving a continuance of the History Center Board report, advised that the air conditioning unit has to be replaced. She then discussed historic markers and presented the Commission with brochures illustrating what they would look like. She stated that there is currently one on the Ryckman House, and where Myrtle Cottage was, the first house built in Melbourne Beach. Mrs. Downing suggested placing a marker at Bi-Centennial Park, and one for the Town, as the first beach community in Brevard County.

Mrs. Downing described the process for obtaining historic markers. She stated that she would prepare the application, and have the Town Manager review and sign.

There was a discussion regarding the sign for Bi-Centennial Park, that it came down during a Hurricane and the Town Manager will look for it around Town Hall.

Mrs. Jean Marshall, 410 6^th Ave., stated that Weathers Engineers installed the air conditioning unit in the Old Town Hall and that there may still be a warranty on it.

Town Manager Bursick advised that he had met representatives of the History Center. He stated that the air conditioning unit was out of warranty, and that he is working with the History Center Board to locate funds for the replacement.

Appointments and Re-Appointments

Historical Preservation and Awareness Board – Reappointments of: Martha

Remark, Linda Rydson, Susan Dieterle, and Don Riordan, Jr. for one-year terms ending January 23, 2009.

Commissioner Guglietta made a motion to approve the reappointments, which was seconded by Commissioner Tennant. The motion carried unanimously.

Vice Mayor Price stated that he remembered establishing the terms for a one year initially to see where the Town was going with the Board. Vice Mayor Price stated that he recalled the membership of this Board was changed to staggered terms; three years, two years and one-year.

The Town Clerk was asked to check into this with Mrs. Remark

Changes to the Agenda

Town Manager Bursick requested the removal of item a. under the Consent Agenda approval, of the Minutes and item j. under Public Hearings of Resolution 2007-17 amending the development review fee schedule, and to move item c. under New Business to the beginning of Public Hearings.

Consent Agenda

Special Events

Historical Preservation & Awareness Board Pancake Breakfast on February 2, 2008; and

Melbourne Beach Community Chapel Field Day on March 1, 2008

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

Non-Schedule Citizen Comments

Mrs. Gail Gowdy, 215 Ash Ave., spoke about the meeting recordings on the website.

Town Manager Bursick stated that posting of recordings of meetings to the website will be a priority. Our plan is to have tonight’s meeting on the website by end of business tomorrow.

Mrs. Gowdy asked if the back-up information from the meeting could be placed on the website also.

Town Manager Bursick advised that it is a possibility. He was looking at options, but there may be budgetary issues.

Mr. Marshall Kett, 411 Magnolia St., stated he attended the Board of Adjustment meeting regarding Walgreens, and he asked what could be done.

Town Attorney Gougelman explained the hearing process; that there are two sets of hearings; first the Board of Adjustment on February 21, 2008 at their next meeting will consider Walgreens. He advised that the Board of Adjustment had a five and one-half hour meeting; a lot took place at that hearing. As a result the Board came close to reaching their final decision on Walgreens. They asked Walgreens to come back with a site plan similar to the Town Hall and the Library.

Town Attorney Gougelman spoke about Walgreens paying Mr. Stelling extra money while waiting for the closing. If they do not get their approval, they will have to file a lawsuit. They have good solid evidence, as presented at the Board of Adjustment hearing with their court reporter present. He spoke about the need for experts; and stated that Walgreens brought in Mr. Tom Peetz, an urban planner.

Town Attorney Gougelman suggested that the residents get a good land use attorney since there was no evidence to support the denial.

Mr. Kett stated that he thought the Town was getting a Walgreens regardless.

Town Attorney Gougelman stated that the opposition was concerned that this would change the character of the community; Walgreens would be right at ground zero of Melbourne Beach. Mr. Gougelman indicated that it will be a tough fight since Walgreens has already made a significant investment.

Town Attorney Gougelman advised that the first hearing on February 21, 2008 is to grant a Special Exception for a Walgreens. Then it will have to go to the Planning and Zoning Board and the Town Commission for site plan approval.

Town Attorney Gougelman advised the Town Commission not to answer any questions regarding Walgreens. It is up to the Board of Adjustment to make a decision.

A resident of 201 Fir Ave, stated that the Town is going to lose the ability to have a gas station and will never get it back. He asked the Commission to allow small businesses to make improvements as easily as possible.

Mr. Steve Walters, 416 6^th Ave., advised that he did sign a petition to oppose Walgreens. He advised that there are Board members with “No Walgreens” signs on their properties.

Mr. George Walter, 2^nd Ave, stated that Walgreens should heed the Town Attorney’s words. He then advised Vice Mayor Price to please, when making remarks, be specific as to which Mr. Walters.

Mrs. Jan Futch Bilbough, 806 Oak St., advised that her Father passed away five years ago today. She then advised that she went to the “Go Away Walgreens” site. She stated that she has known Steve Walters since she was a little girl, and not let Walgreens tear the Town apart.

Public Hearing

The next item on the agenda was the renewal of employee Health, Life and optional Dental Insurance Policies, as requested by Town Manager Bursick.

Town Manager Bursick advised that the Health, Dental and Life Insurance policies were scheduled for renewal on March 1, 2008.

Town Manager Bursick stated that we currently have our health insurance with Health First, and the current fiscal year premium is $422.99 per month per employee,100% of the employee premium is paid by the Town. The renewal quote for the same coverage is $568.78, or a 34.5% increase. He stated that the primary reason for the increase includes unfavorable demographics of the group, with six employees moving into a higher age bracket; composition of employees, males versus females; and claims experience, that the Town didn’t have a very favorable year. He advised that his recommendation would be to change the plan design while remaining with Health First. He explained the differences of the new plan; doctor visit co-pays increasing from $15 to $20 and $25 to $40 for specialists, a slight increase in prescription costs and the maximum out-of-pocket increasing from $1,500 to $3,000. He advised that this is still a 17% increase and a financial impact on the Town, as well as employees.

Town Manager Bursick stated that a revised quote was received today. The cost to renew the existing plan is now at $540.59, instead of $568.78. The cost of the proposed plan is $470.84 from $495.40.

Vice Mayor Price stated that the medical plan the Town budgeted for during Fiscal year 08 is $121,749, with the revised cost of $129,431. The cost of the proposed plan is $118,878, which would bring us in line with the budget. However, it will cost the employees a little more money out-of-pocket and increase the cost for spouse or family coverage.

Town Manager Bursick advised that there were four employees with spouse coverage and one with family; that 18 are for employee only coverage.

Commissioner Guglietta asked if a comparison was done with other similar Towns.

Town Manager Bursick advised that he had attempted to see what had been done in other cities, but it is irrelevant since there are different variations.

Commissioner Guglietta stated that he just wanted to let the people know we researched this.

Commissioner Tennant asked if, when the Town did the budget, it was at $495.00 for employees.

Town Manager Bursick advised that they used the $422.99 plus 15% increase during the budget process.

Town Manager Bursick introduced Cindy Dropeski, the insurance agent for the Town.

Ms Dropeski advised that Mr. Bursick asked a lot of very detailed questions and analyzed the rates to make his decision. She stated that 34% increase is outrageous, but that that has been the norm. She advised that Mr. Bursick did an analysis of the data and compared the current carrier to other carriers; with Health First being lower than other carriers.

Mayor Stacey remarked that the Town is getting the best deal they can get.

Ms. Dropeski advised that Health First’s rates have gone up 18%, which is the trend across the board; that every five years there is an increase in rates, it used to be every ten years.

Commissioner Tennant spoke about the increases in co-pays and asked about the 10% DME.

Ms. Dropeski advised that the 10% DME was for durable medical equipment, such as wrist braces, canes, etc.

Town Manager Bursick stated that the life insurance policy is presently with Hartford Life. It has increased slightly from $.42 per $1,000 to $.45 per $1,000; or approximately $200 more annually. He recommended staying with Hartford. Since the savings does not offset the administrative time and disruption of benefit.

Town Manager Bursick then spoke about the dental plan, that 100% is paid by the employee; that there are presently six employees who chose the PPO plan and two were with the HMO plan, which has a limited number of dentists. He said, after review of dental plans, he felt Delta Dental was the most attractive; it is a PPO plan and it is one-half the cost of the present plan, which will save the employees some money. With the change to Delta Dental, there will be a negative impact on a couple of employees.

Vice Mayor Price stated that this recommendation makes all the sense in the world, asked if they were convenient.

Town Manager Bursick advised that the Network benefits provided under the present provider, Guardian, and the Non-Network benefits under Delta Dental are identical. However, there may be some dentists that do not take this plan.

Mayor Stacey advised that he has Delta and has had no problems.

Commissioner Guglietta stated that he also has Delta, and has no problems with it.

Vice Mayor Price made a motion to approve the insurance package, as presented, which was seconded by Commissioner Evans.

Mr. Steve Walters, 416 6^th Ave,, spoke about the health insurance and the Wellness Program, which rewarded employees who made a concerted effort to stay healthy. He said, if the premiums continue to increase, the Town may have to have the employees pay a portion of their insurance premiums.

Mayor Stacey spoke about the Pro Health Fitness Program, with free membership for employees covered by Health First.

The motion carried unanimously.

The next item on the agenda was the second 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 second 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.

Commissioner Guglietta stated that the area regarding investments was revised so it is consistent with the Florida Statutes.

The motion carried unanimously.

The next item was the discussion and possible action regarding first reading of Ordinance No. 2007-10 regarding Breezeway requirements, as requested by Town Manager Bursick.

Town Attorney Gougelman read Ordinance 2007-10 in title only:

AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, RELATING TO LAND DEVELOPMENT REGULATIONS; AMENDING SECTIONS 1A-3 AND 7A-65, APPENDIX A, MELBOURNE BEACH TOWN CODE; ADDING THE DEFINITION OF “BREEZEWAY”; ELIMINATING DUNE HEIGHT AS A MEASUREMENT FACTOR; PROVIDING FOR THE APPLICABILITY OF BREEZEWAYS TO THE 5-RMO, 6-B and 9-I ZONING DISTRICTS; PRESERVING NON-CONFORMITIES; PROVIDING FOR SEVERABILITY AND INTERPRETATION; PROVIDING FOR REPEAL OF PARTS OF ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE; AND PROVIDING AN ADOPTION SCHEDULE in title only.

Vice Mayor Price made a motion to approve Ordinance 2007-10 for first reading, which was seconded by Commissioner Evans.

Vice Mayor Price stated that it did not impact single-family residential properties.

Town Manager Bursick advised that it applies only to oceanfront properties located in the 5-RMO, 6-B, and 9-I zoning districts; it does not apply to single-family properties located in the 5-RMO zoning district.

The motion carried unanimously.

The next item on the agenda was discussion and possible action regarding Ordinance 2007-11 permitting dogs in outdoor dining portions of restaurants, as requested by Town Manager Bursick.

Town Attorney Gougelman read Ordinance 2007-11 in title only, for first reading.

AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, RELATING TO A DOG FRIENDLY DINING PROGRAM BY PERMITTING DOGS AT OUTDOOR PORTIONS OF CERTAIN RESTAURANTS; MAKING FINDINGS; AMENDING THE LAND DEVELOPMENT CODE BY CREATING SECTION 7A-70, APPENDIX A, TOWN CODE OF THE TOWN OF MELBOURNE BEACH, FLORIDA; ESTABLISHING, PURSUANT TO SECTION 509.233, FLORIDA STATUTES, A LOCAL EXEMPTION TO CERTAIN PROVISIONS OF GENERAL LAW AND STATE AGENCY RULES RELATING TO CERTAIN PUBLIC FOOD SERVICE ESTABLISHMENTS KNOWN WITHIN THE TOWN AS EATING AND DRINKING ESTABLISHMENTS IN ORDER TO PERMIT PATRONS’ DOGS AT CERTAIN DESIGNATED OUTDOOR PORTIONS OF SUCH ESTABLISHMENTS; PROVIDING A PURPOSE, INTENT, AND DEFINITIONS; REQUIRING A PERMIT AND SETTING FORTH APPLICATION REQUIREMENTS; SETTING FORTH GENERAL REGULATIONS; PROVIDING FOR ENFORCEMENT AND VIOLATIONS; PROVIDING FOR EXPIRATION OF DOG FRIENDLY DINING PROGRAM; PROVIDING FOR SEVERABILITY AND INTERPRETATION; PROVIDING FOR THE REPEAL OF INCONSISTENT RESOLUTIONS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE, in title only.

Town Manager Bursick advised that if this Ordinance is adopted, the Town would be responsible for all administration of permits, but it would be for a limited number of properties. He stated that this Ordinance was developed by the Planning and Zoning Board for the Town Commission’s consideration. This Ordinance was prepared based on similar ordinances by other municipalities. However, our Ordinance includes a provision which restricts dining areas on any public walkways or internal walkways used by the public, therefore it would apply to only three restaurants: Burrito Beach, The Sandwich Shop “Billie’s”, Djon’s and at some point, if opened, Sand on the Beach.

Vice Mayor Price stated that this Ordinance would not be directing any restaurant to allow dining for pets. This Ordinance, if approved, was for individual owners of a restaurant who wanted to extend dining for pets in outside spaces. Vice Mayor Price asked Town Manager Bursick if this was correct.

Town Manager Bursick stated yes, and there would be an application and permitting process.

Commissioner Tennant asked if the outdoor public walkway areas like the Friendly Toast and Sandbar Pizza Grill have, could be used for the designated doggy dining area.

Town Manager Bursick advised that the Planning and Zoning Board specifically restricted internal walkways used by the public for dining areas which could be used by dogs under this Ordinance. They felt that people would not be intimated by dogs.

Vice Mayor Price stated that in order to allow it, it would have to be on their property, not on a public walkway.

Mrs. Lisa Farrall, 413 Magnolia Ave., asked if this is just for dogs. She was advised yes.

Ms. Susie Daley, 503 Shannon Ave. and owner of the Beach Street Eatery, stated that under this restriction, she would not be allowed to have dogs eating outside her restaurant. She asked how the Town was going to enforce this. She said, if she were to post a sign advising that under the law her restaurant was not allowed to have dogs dining, would she be in violation if someone brought a dog into her outside dining area.

Town Attorney Gougelman advised that if your restaurant has not been licensed by the Town for doggy dining, your restaurant cannot legally serve dogs. This is a State Health Department regulation, and they could sanction your license.

Mr. Jay Gurecki, 406 6^th Ave., stated that the Friendly Toast and Sandbar Pizza Grill sidewalks are not public right-of-ways.

Town Attorney Gougelman advised that the issue was not if it was a public right-of-way, the issue is if the walkway is used by the public.

Mr. Gurecki asked if they could put up an obstruction between stores.

Town Attorney Gougelman stated that they would have to get the approval of the landlord. He advised that the Planning and Zoning Board members indicated concern about that not being an appropriate place because people use it as a public walk way.

Mayor Stacey advised that the Ordinance should be sent back to the Planning and Zoning Board. They could discuss and amend, if desired.

Commissioner Guglietta stated that they already discussed it and the Commission received their opinion.

Mr. Gurecki stated that now the owners of several restaurants will lose customers because of this.

Mrs. Marty Remark, 707 Atlantic St., stated that everybody leaves their dogs outside to go to the supermarket. She asked if that could still happen.

Town Attorney Gougelman advised that this is a grocery store, would not fall under this at all.

Commissioner Tennant advised that he would like to see that provision restrict dogs from internal walkways used by the public struck. That is where people go with their dogs, if it doesn’t work put it back in at a later date.

Mayor Stacey stated that the Planning and Zoning Board developed the Ordinance. If the Commission wanted it revised they should send it back to the Planning and Zoning Board. Mayor Stacey said if the provision regarding walkways is struck out, he is not going to vote for it.

Town Manager Bursick stated that if the Commission desired, he could advise the Planning and Zoning Board of the Commission’s concerns. However, they may not recommend any ordinance.

Commissioner Guglietta stated that there is a sunset year of 2009. He recommended to approve the Ordinance as presented, and make the change if there is a problem.

Vice Mayor Price stated that he has gone to the drug store, using the walkway. He said many people are accustomed to using it. He stated that people using that walk way may be afraid of dogs or may be walking their dogs. Planning and Zoning may have thought it could be dangerous to people. He stated he would not vote to strike the provision regarding walkways out.

Commissioner Evans stated that she couldn’t see sending this back to the Planning and Zoning Board. They didn’t take this lightly, they had it twice; then sent it back to the Commission with their recommendation.

Mr. Frank Thomas, 606 Atlantic St., stated that he agreed with the Planning and Zoning Board.

Commissioner Tennant made a motion to approve this Ordinance for first reading, which was seconded by Vice Mayor Price. The motion carried 4-1, with Commissioner Guglietta voting nay.

The next item on the agenda was first reading of Ordinance No. 2007-12 amending Section 7A-53 regarding Walls and Fences, as requested by Town Manager Bursick.

Town Attorney Gougelman read Ordinance 2007-12 in title only, for first reading.

AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, 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; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE, in title only.

Commissioner Guglietta made a motion to approve Ordinance 2007-12, for first reading, which was seconded by Vice Mayor Price.

Vice Mayor Price asked exactly what were they being asked to approve.

Town Manager Bursick stated that a few months ago the Planning and Zoning Board had some concerns regarding the survey requirements. He advised that on page two, the height measurement was requiring a sealed survey with reference elevations; the Planning and Zoning Board thought this was cumbersome to the property owners when replacing or simply repairing a fence. This Ordinance has been prepared to delete that requirement.

Mrs. Marty Remark, 707 Atlantic St., spoke about the code sections mentioned at the end of the Ordinance, were they random. She then spoke about the hedges and asked if hedges could continue to be used.

Building Official Whitelock explained that after 180 days of the adoption of the Ordinance, a conforming wall would need to be constructed under some circumstances. He advised that the property on the west side of A1A owned by the Breakers, they are going to be putting a wall up.

Mrs. Kathy Emerson 512 Ocean Ave., spoke about her house having a stable white fence that has withstood four Hurricanes.

Building Official Whitelock stated that it had to conform in five years.

Mrs. Emerson stated that she would have to replace a perfectly good fence at a very large expense.

Town Manager Bursick advised that that the original Ordinance contained vague language regarding the construction materials which could be used for a wall. It has been modified, based on public comment, to require a specific type of material.

Vice Mayor Price stated that what they were trying to do is to phase out non-conforming fences, allowing time periods to do that, people had a fence with ten more years of life, required them to replace in five years; could we change it from five years make it ten years.

Commissioner Evans asked how many people would be in this same situation as Mrs. Emerson. She stated that the purpose of this section of the ordinance is to address those commercial properties by requiring a wall. She asked if we could make allowances for residential properties in this zoning.

Town Manager Bursick stated that it was specifically for our residentially zoned property. It can be a fence, as opposed to a business which requires a wall. He discussed buildings in the residential/business zoned being used for residential properties. We can look into it being a fence as opposed to a wall between residential properties as opposed to a wall for a business in any district abutting a residential property.

Commissioner Guglietta inquired as to the possibility of allowing a Special Exception for that type of fence; she could keep her fence as long as it is in good condition.

Vice Mayor Price stated that the ordinance is going to have to look at life expectancy of what currently exists, without introducing an expense for a property owner. He said, we need to go back and look at it, offer a reasonable phase out.

Town Attorney Gougelman advised that the Commission could submit a written direction to the Planning and Zoning Board to look at this issue. This is called amortization Ordinance. We will need to find out who it effects and how it effects them. We can then take action to afford relief with different amortization periods for different districts. Mr. Gougelman suggested that the Commission pass it on first reading, since only changes the requirement for a sealed survey.

Town Attorney Gougelman advised that section 10 and 11, of the ordinance should include the date that the Ordinance.

Mayor Stacey asked Town Manager Bursick to take care of this matter for the Commission.

Mrs. Jean Marshall, 410 6^th Ave., advised that this was a hardship. Mrs. Emerson has a hardship, her fence survived four or five Hurricanes, probably going to be here for a long time.

Mr. Steve Walters, 416 6^th Ave., spoke about the installation of fences, that both sides have to be equal or the good side on the neighbor’s property.

Vice Mayor Price stated that the Ordinance doesn’t come into play when neighbors agree, only when neighbors disagree.

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

Mayor Stacey called a ten-minute recess. Commissioner Guglietta left the meeting at this point.

Mayor Stacey called the meeting back to order.

The next item on the agenda was the discussion and possible action regarding Ordinance 2008-01 first reading of Ordinance 2008-01 relating to indemnification and holding a person harmless by the Town, as requested by Town Manager Bursick.

Town Attorney Gougelman read Ordinance 2008-01 for first reading, in title only.

AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO INDEMNIFICATION, AND HOLDING A PERSON HARMLESS, BY THE TOWN; MAKING FINDINGS; REPEALING SECTION 1., ORDINANCE NO. 2006-10, RELATING TO INDEMNIFICATION; CREATING SECTION 1-40, MELBOURNE BEACH CODE OF ORDINANCES; PROVIDING FOR RESTRICTIONS ON THE TOWN INDEMNIFYING OR HOLDING A PERSON HARMLESS; PROVIDING FOR SEVERABILITY AND INTERPRETATION; PROVIDING FOR THE REPEAL OF ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE, in title only.

Vice Mayor Price made a motion to approve Ordinance 2008-01 for first reading, which was seconded by Commissioner Evans.

Town Manager Bursick advised that sometime ago the Commission adopted an ordinance indemnifying third parties He said there are situations where the Town has to indemnify another party like the Department of Transportation. He stated that this Ordinance will allow the Town to indemnify third parties with the Town Commission’s approval.

Vice Mayor Price stated that this is an extraordinary measure; that it will not be done unless first brought to the Town Commission for their approval.

Mrs. Jean Marshall, 410 6^th Ave., asked if this third party was outside Melbourne Beach.

Town Manager Bursick stated yes.

Town Attorney Gougelman stated that it deals with outside circumstances, already have Ordinance in Code.

The motion carried unanimously by those members present.

The next item on the agenda was the discussion and possible action regarding Resolution 2008-01 urging members of the Florida Legislature to support the 2008 Legislative Issues, as requested by Town Manager Bursick.

Town Attorney Gougelman read Resolution 2008-01 in title only.

A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2008 LEGISLATIVE SESSION, in title only.

Vice Mayor Price made a motion to approve Resolution 2008-01, which was seconded by Commissioner Evans.

Commissioner Evans asked as to where the wording came from for this Resolution.

Town Manager Bursick advised that it was from the Florida League of Cities.

Commissioner Evans spoke about paragraph five “constantly under attack”, those words should be taken out, or take out that entire whereas.

Town Attorney Gougelman advised to remove the following and insert certain, in the title of this Resolution.

Commissioner Evans spoke about page two, paragraph three of this Resolution, requesting clarification regarding the recurring revenue source for municipal transportation projects that opposes legislation that transfers or diverts state transportation trust fund revenues to balance the state budget.

Town Attorney Gougelman spoke about how this provision related to CRA’s. He advised that this Town does not have a Community Redevelopment District. Therefore, this initiative does not apply to the Town of Melbourne Beach.

The motion carried unanimously by those members present.

The next item on the agenda discussion and possible action regarding Resolution 2008-02 adopting a Social Security Number Collection Policy, as requested by Town Manager Bursick.

Town Attorney Gougelman read Resolution 2008-02 in title only.

A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, FLORIDA, ADOPTING A SOCIAL SECURITY COLLECTION POLICY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE, in title only.

Town Manager Bursick advised the Commission that effective October 1, 2007, Florida Legislature adopted a new policy for Social Security numbers. This provides a process that a “commercial entity” may use to obtain a Social Security number. The Town is required to certify to the Governor that we are following this policy, providing the State with a list of requests received for the year and why they were requesting them.

Vice Mayor Price stated that this Resolution was State mandated, what we have done is the minimum required, did not add anything. He stated he was concerned with identity theft, he said the State of Florida is requiring we adopt this Resolution, then read Exhibit “A”.

Vice Mayor Price made a motion to approve Resolution 2008-02, which was seconded by Commissioner Evans. The motion carried unanimously by those members present.

The next item on the agenda discussion and possible action regarding Resolution 2008-03 authorizing FEMA Grant Application, as requested by Town Manager Bursick.

Town Attorney Gougelman read Resolution 2008-03 in title only.

A RESOLUTION OF THE TOWN OF MELBOURNE BEACH,

BREVARD COUNTY, FLORIDA AUTHORIZING THE

TOWN MANAGER TO SUBMIT A GRANT PROPOSAL

APPLICATION IN THE AMOUNT OF UP TO $200,000 TO

THE FLORIDA DEPARTMENT OF EMERGENCY MANAGEMENT

PREPAREDNESS AND ASSISTANCE TRUST FUND, APPROVING THE APPLICATION AND APPROPRIATION OF MATCHING FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE, in title only.

Vice Mayor Price made a motion to approve Resolution 2008-3, which was seconded by Commissioner Evans.

Vice Mayor Price stated that this Resolution was to authorize the Town Manager to submit a grant for funds available under the Emergency Management Preparedness. He advised that the generator donated by the Florida Power and Light Company, some time ago, no longer serves the Town’s needs.

The motion carried unanimously by those members present.

Town Manager Bursick advised that Ms. Susie Stark has been working on this grant with the Fire and Police Departments.

The next item on the agenda discussion and possible action regarding Resolution 2008-04 amending the Travel Policy of the Town, as requested by Town Manager Bursick.

Town Attorney Gougelman read Resolution 2008-04 in title only.

A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, RELATING TO TOWN POLICIES AND PROCEDURES; MAKING FINDINGS; AMENDING CHAPTER 16, TOWN ADMINISTRATIVE POLICIES AND PROCEDURES RELATING TO THE REIMBURSMENT OF TRAVEL EXPENSES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE, in title only.

Mayor Stacey advised that the one major change was the tip for baggage handling from $.50 to $2.00.

Vice Mayor Price made a motion to approve Resolution 2008-04, which was seconded by Commissioner Tennant.

Mr. Steve Walters, 416 6^th Ave., stated that all employees attend training classes. Under Section 16.04, Meal Allowances, it is written “no meals during same travel will be reimbursed.” He advised that this could present a problem.

There was a discussion regarding this item and it was deleted.

The motion carried to approve this Resolution, as amended, unanimously by those members present.

Old Business

The next item on the agenda was the discussion and possible action regarding a recommendation developed by the Planning and Zoning Board regarding side setback requirements for 60’ wide residential building lots, as requested by Town Manager Bursick.

Town Manager Bursick advised that the Planning and Zoning Board formulated this recommendation, he apologized that he had not placed it in their package before hand. He stated that the Planning and Zoning Board recommended maintaining the existing side setbacks at 15’ each side, allowing for a 30’ house. Their reasoning was that there are more and more designs for 30’ wide homes. He advised that while maintaining space between homes, a number of home owners have complied with current setback

requirements.

Vice Mayor Price stated that the Planning and Zoning Board has done a good inventory and analysis; that there were 153 non-conforming lots. Vice Mayor Price explained that the reason why this came up is that the non-conforming lots are being redeveloped. He said that people are paying a lot of money for these lots.

Vice Mayor Price stated that the houses are 30’ wide and 90’ long. He would like to see something configured a little differently. He spoke about the footprint requirement, if something could be done so we do not have long barrel looking barracks.

Vice Mayor Price advised to look at it again, restricting the footprint, so they are not long and narrow.

Town Manager Bursick advised that he could restrict long narrow footprint or work with the floor area ratio concept.

Commissioner Evans asked if the Planning and Zoning Board considered the ratios based on size of lots.

Town Manager Bursick stated they discussed that, but not in great detail.

There was a discussion whereby it was decided to invite Chairman Dave Campbell of the Planning and Zoning Board to their next meeting.