Town Commission
Regular
Meeting
The Town Commission of the Town of Melbourne Beach, Florida,
met in regular session on
***
In attendance were Mayor
Mayor Stacey requested a moment of silence for D.X. Ross,
who passed away last week. He stated
that Ms. Ross was a talented and caring woman who was very dedicated to our
community and she will be dearly missed.
Mayor
Stacey called the meeting to order and offered the invocation. The entire assembly recited the Pledge of
Allegiance to the Flag.
Proclamations
and Awards
Mayor Stacey
presented a Proclamation March as “Irish-American Heritage” Month – Presented
to Dean Given.
Mr. Given thanked the Mayor and Commission. He advised everyone that there will be a St.
Patrick’s Day Parade in
Boards and Committees
The first item was the discussion
and possible action regarding recommendation on 60’ wide lots, as presented by
Planning & Zoning Board Chairman Dave Campbell.
Chairman
Campbell advised that the Planning and Zoning Board spent approximately four
months discussing 60’ lots, stating that the Town actually had 50’ and 75’ lots
as well. He stated that the zoning code
adopted in 1972 encouraged people to combine lots, with the intent to keep an
open look on the lots scattered through out the Town.
Chairman
Campbell advised the Commission that the Planning and Zoning Board recommend
keeping the zoning ordinance like it is.
Vice Mayor Price made a motion to approve the recommendation
of the Planning and Zoning Board, which was seconded by Commissioner Tennant.
There was a
brief discussion regarding the lots, the different style houses that could be
built and the non-uniformity throughout the Town.
The motion carried unanimously.
The next item was
a report from Historical Preservation & Awareness Board Chairperson Marty
Remark.
Mrs.
Mrs. Remark requested the Commission approve a second Pancake
Breakfast fundraiser for
Mrs. Remark advised that the Town Manager has signed papers
for the tracking station that was on A1A, which has been removed, and is a part
of history. She advised that the
telescope had already been taken out.
Town Manager Bursick spoke about the indemnification; the
Town would have a hold harmless agreement, even though it would be on County
property.
The Commission approved the Pancake Breakfast for
Mrs.
The next item was the reappointment of Frank
Cariou and Marty Remark to the Code Enforcement Board for three-year terms
ending
Commissioner Guglietta made a motion to re-appoint Frank
Cariou and Marty Remark to the Code Enforcement Board, which was seconded by
Vice Mayor Price. The motion carried
unanimously.
The next item was to
appoint members to the Auditor Selection Committee.
Vice Mayor Price made a motion to approve the appointment of
George Downing, Fritz Hess and Colleen Hunter to the Auditor Selection
Committee, which was seconded by Commissioner Guglietta. The motion carried unanimously.
The next item was the
appointments to the Citizen of the Year Committee and Junior Citizen of the
Year Committee.
The Commission had
previously submitted their names to the Town Clerk; those on the Commission who
had not already done so, presented their names after the meeting.
Consent Agenda
Approval of Minutes:
Approval of
a revision to the Police Department organizational chart to create the position
of Corporal, and establishment of associated job description.
Special Events
i.
Easter Sunrise Service requested
by Father Nolan of Immaculate Conception Church on
ii.
Religious Service requested by
Seth Stark for St. Mark’s
iii.
“High Note” Kite and Music
Festival – Sponsored by
Commissioner
Guglietta made a motion to approve the Consent Agenda, which was seconded by
Commissioner Tennant. The motion carried
unanimously.
Non-Scheduled
Citizens Comments
Mr. Frank Thomas, spoke about the 125th
Anniversary Book, advising that if it was to be published, he would include the
last twenty-five years and send it to print.
Mr. Thomas requested that a clip be placed in the next
newsletter. The Town Clerk, as Editor,
was asked to include this in the next newsletter. She advised she would.
Public Hearing
The next item on the agenda was the
second reading of Ordinance No. 2007-10 regarding Breezeway requirements, as
requested by Town Manager Bursick. This
Ordinance was advertised
Town Attorney Gougelman read the
Ordinance for second reading in title only.
Vice
Mayor Price made a motion to approve Ordinance 2007-10 for second reading, which
was seconded by Commissioner Guglietta.
The motion carried unanimously.
The next item was the second reading of
Ordinance No. 2007-11 regarding permitting Doggy Dining at outdoor portions of
restaurants, as requested by Town Manager Bursick. This Ordinance was advertised
Town Attorney Gougelman read Ordinance
2007-11 for second reading in title only.
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.
Commissioner Tennant made a motion to approve Ordinance 2007-11 for
second reading, which was seconded by Commissioner Evans.
Commissioner Guglietta stated that at
the first reading there was a discussion regarding dogs not being allowed in
walkways where people would be walking, he said he voted against it at that
time. He advised that he hopes it works
out for those restaurants this prohibition affects.
The
motion carried unanimously.
The next item was the second reading of
Ordinance 2008-01 relating to indemnification and holding a person harmless by
the Town, as requested by Town Manager Bursick.
This Ordinance was advertised
Town Attorney Gougelman read Ordinance
2008-01 for second reading in title only.
AN
ORDINANCE OF THE TOWN OF
Vice Mayor Price made a motion to approve Ordinance
2008-01 for second reading, which was seconded by Commissioner Evans. The motion carried unanimously.
The
next item was the first reading of Ordinance 2008-02 Amending the Coastal
Construction Line, as requested by Town Manager Bursick. This Ordinance was recommended by Planning
& Zoning on
Town
Attorney Gougelman read Ordinance 2008-02 for first reading, in title only.
AN ORDINANCE OF THE TOWN OF
MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, RELATING TO THE TOWN COASTAL SETBACK
LINE; MAKING FINDINGS; AMENDING SECTION 5A-2, LAND DEVELOPMENT CODE, APPENDIX
A, TOWN CODE OF THE TOWN OF MELBOURNE BEACH, FLORIDA; AMENDING THE DESCRIPTION
AND LOCATION OF THE TOWN COASTAL SETBACK LINE; PROVIDING FOR SEVERABILITY AND
INTERPRETATION; PROVIDING FOR THE REPEAL OF INCONSISTENT RESOLUTIONS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
Commissioner
Guglietta asked if the coastal construction line would be moved more westerly.
Town
Manager Bursick stated yes, to conform to the State.
Mrs.
Marty Remark advised that she was at the meeting when this was originally discussed;
she requested a map for the second reading.
She was advised that there will be a map available.
The motion carried unanimously.
The
next item on the agenda is the first reading of Ordinance 2008-03 Amending
Building Code References, as requested by Town Manager Bursick. This Ordinance was recommended by Planning
& Zoning on
Town
Attorney Gougelman read Ordinance 2008-03 for first reading, in title only.
AN ORDINANCE OF THE TOWN OF
MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, RELATING TO BUILDING AND
CONSTRUCTION-RELATED CODES; MAKING FINDINGS; AMENDING CHAPTER 4A, APPENDIX A,
MELBOURNE BEACH CODE OF ORDINANCES; REPEALING SECTION 4A-3, RELATING
CERTIFICATES OF COMPETENCY AND INSURANCE REQUIREMENTS; AMENDING SECTION 4A-20,
DELETING REFERENCES TO THE SOUTHERN STANDARD BUILDING CODE AND ADOPTING THE
FLORIDA BUILDING CODE AND THE FLORIDA RESIDENTIAL BUILDING CODE; REPEALING
SECTIONS 4A-21, 4A-22, 4A-23, 4A-24, 4A-25, RELATING TO THE SOUTHERN STANDARD
BUILDING CODE APPENDICES, ACCESS BY HANDICAPPED PERSONS, MANUFACTURED
BUILDINGS, THERMAL EFFICIENCY STANDARDS, AND REPEALING THE SWIMMING POOL CODE;
CREATING SECTION 4A-26 ADOPTING THE FLORIDA EXISTING BUILDING CODE; AMENDING
SECTION 4A-35 RELATING TO APPROVAL BY THE DIVISION OF HOTELS AND RESTAURANTS
FOR CERTAIN PUBLIC LODGING AND FOOD SERVICE ESTABLISHMENTS; REPEALING SECTION
4A-36 RELATING TO EXTENSION AND EXPIRATION OF BUILDING PERMITS; AMENDING
SECTION 4A-37 DELETING REFERENCES TO REPEALED SECTION 4A-3; AMENDING SECTION
4A-50 MODIFYING THE CURRENTLY EFFECTIVE ELECTRICAL CODE; REPEALING SECTIONS
4A-51 AND 4A-52 RELATING ELECTRICAL CODE APPENDICES AND ELECTRIC RACEWAYS;
REPEALING SECTION 4A-60 RELATING TO THE FLORIDA EXISTING BUILDING CODE, 1988
EDITION; AMENDING SECTION 4A-63 RELATING TO THE 1985 UNSAFE BUILDING ABATEMENT
CODE BY REVISING REFERENCES TO THE BUILDING CODE; AMENDING SECTION 4A-65
DELETING THE SOUTHERN STANDARD PLUMBING CODE AND ADOPTING THE FLORIDA PLUMBING
CODE; REPEALING SECTIONS 4A-66, 4A-67, AND 4A-68 ADOPTING APPENDICES TO THE
SOUTHERN STANDARD PLUMBING CODE, PLUMBING OFFICIAL DUTIES, AND CHECKING OF
PLANS AND SPECIFICATIONS BY PLUMBING OFFICIAL; REPEALING SECTIONS 4A-69, 4A-70,
AND 4A-71 RELATING TO ALTERNATE MATERIALS AND METHODS, STOP WORK ORDERS, AND
PLUMBING PERMITS; AMENDING SECTION 4A-81, DELETING REFERENCES TO THE STANDARD
MECHANICAL CODE AND ADOPTING THE FLORIDA MECHANICAL CODE; REPEALING SECTION
4A-82 RELATING TO APPENDICES TO THE STANDARD MECHANICAL CODE; AMENDING SECTION
4A-83, DELETING REFERENCES TO THE STANDARD GAS CODE AND ADOPTING THE FLORIDA
FUEL GAS CODE; REPEALING SECTION 4A-84 RELATING TO APPENDICES TO THE STANDARD
GAS CODE; REVISING SECTION 4A-83 DELETING REFERENCES TO THE 1997 EDITION OF THE
STANDARD GAS CODE AND ADOPTING BY REFERENCE THE FLORIDA FUEL GAS CODE;
REPEALING SECTION 4A-84 RELATING TO APPENDICES OF THE SOUTHERN STANDARD GAS
CODE; AMENDING SECTION 4A-94(a) ADOPTING ADDITIONAL STANDARDS REQUIRED FOR
CONSTRUCTION REQUIREMENT IN SPECIAL FLOOD HAZARD AREAS; REVISING SECTION
4A-123(a) RELATING TO STRUCTURAL STANDARDS UNDER THE COASTAL CONSTRUCTION CODE;
REPEALING SECTIONS 4A-141 AND 4A-142, RELATING TO THE BUILDING OFFICIAL SERVING
EX OFFICIO AS THE ELECTRICAL
INSPECTOR AND THE PLUMBING INSPECTOR AND TO PENALTIES; AMENDING SECTION 4A-145
RELATING TO THE REQUIREMENT OF A
BUILDING PERMIT AND WITH REGARD TO EXPIRATION THEREOF; REPEALING
SECTIONS 4A-146 AND 4A-147 RELATING TO CERTIFICATES OF OCCUPANCY AND REQUIRING
COMPLIANCE WITH THE SOUTHERN STANDARD BUILDING CODE; PROVIDING FOR SEVERABILITY
AND INTERPRETATION; PROVIDING FOR THE REPEAL OF INCONSISTENT RESOLUTIONS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Price made a motion to approve Ordinance
2008-03 for first reading, which was seconded by Commissioner Guglietta.
Vice
Mayor Price advised that this Ordinance brings the codes in accordance with the
Florida Building Codes.
Commissioner
Tennant asked Building Official Whitelock what impact this would have.
Building
Official Whitelock advised that the Town has been following the State Statutes
since he started working here for the Town.
Building
Official Whitelock was thanked.
The motion carried unanimously.
The
next item on the agenda was the discussion and possible action regarding
Resolution 2007-17 amending the development review fee schedule, as requested
by Town Manager Bursick.
Town
Attorney Gougelman read Resolution 2007-17 in title only.
A RESOLUTION OF THE TOWN OF
Vice Mayor Price made a motion to
approve Resolution 2007-17, which was seconded by Commissioner Tennant. The motion carried unanimously.
The next item is the discussion and
possible action regarding Resolution 2008-05 establishing application, permitting
and inspection fees for permits relating to Dog-Friendly Dining, as requested
by Town Manager Bursick.
Town
Attorney Gougelman read Resolution 2008-05 in title only.
A RESOLUTION OF THE TOWN OF
MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, PROVIDING FOR AN APPLICATION,
PERMITTING AND INSPECTION FEE FOR PERMITS RELATING TO DOG-FRIENDLY DINING;
PROVIDING FOR THE REPEAL OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE; AND PROVIDING FOR ADOPTION.
Commissioner
Guglietta asked if the resolution was the establishment of a permit fee of
$125.00 for those restaurants wishing to allow dogs to dine outside their
restaurants.
Town
Manager Bursick stated yes it is.
The motion carried unanimously.
The
next item on the agenda is the discussion and
possible action regarding Resolution 2008-06 Policy for minutes and recordings,
as requested by Commissioner Evans.
Town Attorney Gougelman read Resolution
2008-06 in title only.
A RESOLUTION OF THE TOWN OF
MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, RELATING TO TOWN POLICIES AND
PROCEDURES; MAKING FINDINGS; AMENDING CHAPTER 21, TOWN ADMINISTRATIVE POLICIES
AND PROCEDURES ESTABLISHING A POLICY FOR THE COMPLETION OF ACTIVITIES FOLLOWING
TOWN COMMISSION, PLANNING AND ZONING AND BOARD OF ADJUSTMENT MEETINGS,;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Guglietta made a motion to approve Resolution 2008-06,
which was seconded by Vice Mayor Price.
Vice Mayor Price stated that the
minutes would be required to be posted as a draft within five business days.
Commissioner Evans stated that the
recordings of the meetings will be posted on the website within 24 hours. She advised that five days is not an
unreasonable request, we need them in a timelier manner.
Vice Mayor Price advised that draft
minutes can create problems, they may have serious inaccuracies, with residents
reviewing the draft minutes and then the Commission having significant changes.
There was a discussion regarding the
draft minutes.
Mayor Stacey spoke about there being
a Board of Adjustment the day after the Commission meeting, what would be the
priority.
After a brief discussion,
Commissioner Evans amended her request to eight business days.
The amended Resolution carried unanimously.
New Business
The next item on the agenda was discussion
and possible action regarding alternate energy sources, as requested by
Commissioner Tennant.
Commissioner Tennant spoke about the
Town seeking alternate energy sources, he said the Town could be using its sea
breeze, and sun.
Commissioner Tennant advised that
Florida Power and Light was the largest producer of wind power. He stated that the Town has many engineers,
scientists, professional business people who might want to take on a project,
that there are grants available.
Commissioner Tennant spoke about the
grant of $190,000 for a diesel generator, those funds to possibly put in wind
energy fans.
Commissioner Tennant requested the
Commission to ask the Environmental Advisory Board to take leadership and see
where we can go with this.
Commissioner
Tennant made a motion to present this to the Environmental Advisory Board,
which was seconded by Vice Mayor Price.
The motion carried unanimously.
Mayor Stacey advised that he sits on
the
Vice Mayor Price stated this program
has been in our County for a long time for juveniles who get in trouble with
the law, their case is heard by Junior and High School students, they get a
chance to have their case heard, it is a great opportunity.
Mayor Stacey stated that the children
are very interested; he normally puts them on the jury.
Reports
Town
Attorney Gougelman advised that the Town has been served litigation against
Town Officials and former Town Officials by Dean Darling, who sought to be
hired by the Town. He stated that two
Town Commissioners and our former Police Chief and former Town Manager were
served; he said he expected the Town to be added.
Town
Attorney Gougelman advised that the Florida League of Cities is appointing a defense
counsel. Certain officials have received
a reservation of rights letter. He
stated that certain circumstances may not be covered.
Town
Attorney Gougelman asked to be copied on anything the Town receives.
Town Manager Bursick gave the financial
report for first quarter 2008, 33% revenue, with the General Revenue Fund at
$1,085,789 or 54%; he advised that the Ad Valorem Property Tax revenue was $767,343,
71% of the total revenue. He stated that
expenses were $810,716 or 41%. He
advised that he was projecting the General Fund Revenue to decrease
approximately $60,000, due to the reduction in the one-half cent sales tax,
state-shared revenue, and gas taxes.
Mayor Stacey asked the Town Manager if
the Town has received the First Responder funds yet.
Town Manager Bursick advised that we
have not, as yet.
Town Manager Bursick spoke about having
a Special Call Meeting on Wednesday, March 5, 2008 at 6:30 P.M., to take care
of a couple of items; one being an Interlocal Agreement with the Brevard County
School Board, which has been sent to the Commission for their review prior to
the meeting. The Workshop on the
Stormwater Master Plan Update will follow.
Town Manager Bursick stated that he
would like to schedule a Workshop on
Town Manager Bursick advised that the
Hazard Mitigation Grant Project for Stormwater improvement on
Town Manager Bursick informed the
Commission that staff was trying to complete the Ryckman House porch and
painting in time for Founders Day. He
advised that Sherwin Williams has donated the labor and paint.
Town Manager Bursick advised that he
met with Dr. McPherson regarding the sidewalk and will work on a new agreement.
Mayor Stacey asked if Dr. McPherson was
contributing funds.
Town Manager Bursick advised yes.
Town Manager Bursick advised that the
Parks Board is working diligently on Founders Day. Town Manager Bursick is planning to have the
Parks Board give a report to the Commission next month. He stated that The MORGAN Project representatives
are very active with sponsors, entertainment, prizes and volunteers.
Mayor Stacey thanked the Town Manager
and Town Attorney for all their good work.
Commissioner Tennant advised that he
has attended the St. Johns River Water Management District (SJRWMD) meeting and
has spent time with Marguerite Engel today regarding water management. He stated that there were grants available
through SJRWMD for waterfront property; the Town may be able to acquire a particular
property.
Commissioner Tennant spoke about
reclaimed water; that there was plenty out there.
Commissioner Tennant advised that he
was on the Restoration Advisory Committee at Patrick Air Force Base; and he
would do whatever he can in that regard.
Commissioner Tennant stated that he
attended the Pancake Breakfast; it was a fun time and a wonderful event.
Commissioner Tennant advised that USA Today had an article regarding
public notices on the internet; the Town may be able to save some money
advertising on the net.
Commissioner Guglietta advised the he
attended the South Beaches Coalition meeting; there were discussions regarding
the MPO, and funding for South Patrick and SR 520.
Commissioner Guglietta stated that at
the MPO meeting last Thursday, they were informed that re-paving of one mile of
I-95 has stopped, due to shifting of funds; but they have worked it out to
finish paving up to
Commissioner Guglietta advised that
most of the Treasury Funds from the Federal Government goes through the
State. He said there was a great
discussion regarding ear marks.
Commissioner Guglietta advised that he
has been appointed to represent the MPO at the State MPO meetings, which are
held every 90 days.
Commissioner Evans advised that this
was her busy time of the year; she has been working all this month.
Mayor Stacey advised that he attended
the Transportation Committee Meeting; that they were trying to take funds from
transportation, but he voted against it.
Vice Mayor Price advised that this past
month he has been very active; he had the pleasure of attending the dedication
of Complex #26 at the Canaveral Station where the first missiles were launched
in
Vice Mayor Price stated that he had his
first official Space Coast League of Cities Meeting as President; that the
League is dealing with challenges, some serious, such as the recent passing of
the Tax Reform Amendment. He stated this
would put a few dollars in our residents’ pocket, but this Town will be
impacted, the savings for the individual will not be worth what the Town will
lose. He said we have already heard of
the $60,000 shortfall from the State.
Vice Mayor Price advised that the
League is currently involved in future legislature issues.
Vice Mayor Price stated that he was
happy to attend the Melbourne Beach Volunteer Fire Department’s Awards Banquet,
which was well attended at the Beach Street Eatery, he said he supported our
Volunteer Fire Department.
Mayor Stacey spoke about the helicopter
ride the Police Chief and he went on and he attended a reception for General
Helms at Patrick Air Force Base.
The meeting duly adjourned at
________________________
William G. Stacey, Mayor
ATTEST:
____________________________
Lenore R. Milan, CMC, Town Clerk