Town Commission
Regular Meeting
The Town Commission of the Town
of Melbourne Beach, Florida met in regular session on
***
In attendance were Mayor William Stacey, Vice-Mayor Sandy Wilson, and Commissioners Steve Walters, Donnie Price and Paul Guglietta. Also present were Town Manager Jim Bursick, Interim Town Attorneys Gary Sack and Nick Tsamoutales, Planning Official Dennis Ragsdale, and Interim Town Clerk Karan Rounsavall.
***
Mayor Stacey called the meeting to order and offered the invocation. The entire assembly recited the Pledge of Allegiance to the Flag.
***
Changes to the Agenda
Town Manager Bursick advised that
site plan review for
***
Approval of Minutes
Vice-Mayor Wilson moved to approve the minutes of regular meetings
***
Consent Agenda
Commissioner Guglietta moved to approve all consent items in accordance
with the following recommendations:
A. Request to reschedule the Town Commission’s regular meeting
on
B. Special Events Permit Application for seasonal light decorating contest in December 2006 as requested by Melbourne Beach Parks Board. Recommendation: Approve permit application as presented.
C. Special Events Permit Application for “Music in the Park/Veterans Day Celebration” on
D. Fiscal Year 2005/2006 budget amendments to provide funds for
various General Fund line items. Recommendation: Approve budget
transfers as presented in Town Manager’s memorandum dated
E. Memorandum of understanding between the City of Satellite Beach, Town of Indialantic, Town of Melbourne Beach and the Brevard County School Board for the use of the Eau Gallie High School Performing Arts Auditorium for the relocation of the Town’s Emergency Operations Center (EOC) in the event of a man-made or natural disaster. Recommendation: Authorize execution of memorandum of understanding as presented.
F. Authorization for expenditure of forfeiture funds to purchase five bullet proof vests and to repaint and place police decals on an all terrain vehicle (ATV) acquired by the Police Department. Recommendation: Authorize expenditure of funds in the amount of $2,622.10 for vests (of which 50 percent would be returned to the department – matching grant) and $400 for painting and law enforcement decals on ATV.
Commissioner Price seconded the motion and it carried unanimously.
***
Boards and Committees
The only item was the appointment
of a regular member to the Planning and Zoning Board for a three-year term
expiring
***
Public Hearings
First to be considered was
Ordinance No. 2006-08 amending the Melbourne
Beach Land Development Code relating to building height and minimum
building elevations in various zoning districts. The Planning and Zoning Board
recommended approval with changes as outlined in the Planning Official’s
memorandum dated
Town
Attorney Sack read ORDINANCE NO. 2006-08 OF THE TOWN OF
Commissioner Walters moved for approval upon first reading.
Commissioner Guglietta seconded the motion.
Planning Official Ragsdale reviewed the Planning and Zoning Board’s recommended changes, including measurement of minimum elevation and reconstruction of dwellings in the 5-RMO ocean front multi-family district (e.g. The Breakers Condominiums). There was the general feeling among the Town Commission that artificial excavation or addition of fill to a building lot should not alter the allowable height. The Commission directed the Planning Official and Town Attorney to develop a definition for natural grade of a parcel as well as clarify that minimum building elevations were to be measured from a point 18 inches above the crown of the street on which the property abuts or the existing grade as of the adoption date of the ordinance (i.e. August 30, 2006) if higher than 18 inches.
Mayor Stacey opened the public hearing. Attorney Van Catterton represented The Breakers Condominiums. He sought assurance, for the record, that The Breakers could be reconstructed in the event of substantial damage by a hurricane or other disaster. The Breakers stood at an approximate height of 50 feet. He asked the Town Commission to consider the addition of an additional section in Section 7A-35 (5-RMO) to the following effect: “Notwithstanding Section 7A-34(f)(8) above, if the originally approved building included three stories, then the reconstructed building would be allowed to have three stories.”
Commissioner Walters stated that it was his understanding that The Breakers could, in fact, be rebuilt in the event of damage/destruction by a storm. It was the consensus of the Town Commission to insert the clarification requested by Attorney Catterton.
No one else wished to speak and the public hearing was closed.
Commissioner Walters reiterated his earlier motion to approve Ordinance
No. 2006-08 upon first reading as amended to include the Planning and Zoning
Board’s recommendations, definition of natural grade, clarification for
measurement of minimum building elevations, and the requested clarification for
The Breakers Condominiums. Commissioner Guglietta seconded the motion and it
carried unanimously.
Second reading and final public
hearing was scheduled for a special meeting on
***
Next was Ordinance No. 2006-09
setting forth ballot language for a referendum election on
Town Attorney Sack read ORDINANCE NO. 2006-09 OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, RELATING TO BUILDING AND STRUCTURE HEIGHT LIMITS; MAKING FINDING; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE; CREATING SECTION 6.06, TOWN CHARTER TO PROVIDE THAT NO STRUCTURE OR BUILDING SHALL EXCEED THE HEIGHT AS PROVIDED IN THE LAND DEVELOPMENT CODE APPENDIX A, CODE OF ORDINANCES OF THE TOWN OF MELBOURNE BEACH, AS SAID PROVISIONS EXIST ON SEPTEMBER 1, 2006, WITHOUT PRIOR APPROVAL BY THE ELECTORS OF THE TOWN OF MELBOURNE BEACH, FLORIDA, AT A REFERENDUM PROPOSING SUCH BUILDING OR STRUCTURE HEIGHT INCREASE, PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE the first time by title only.
Commissioner Walters moved to approve the ordinance upon first reading.
Vice-Mayor Wilson seconded the motion.
Commissioner Guglietta felt that the proposed ballot language was somewhat confusing and wondered if simpler language could be used, perhaps by referring to Ordinance No. 2006-08 which was just adopted. Attorney Sack advised this was not possible because Ordinance No. 2006-08 was not all inclusive as to height regulations. Commissioner Price explained that if this referendum was approved, when the people of the town wanted a variance to the height limitations, it would require a vote of the people. For this reason, he would oppose the ordinance. Commissioner Walters supported the ordinance because he wanted assurance that any three members of the Town Commission could not change the height limitations at some time in the future without a vote of the people.
Mayor Stacey opened the public
hearing. Attorney Van Catterton felt that it was somewhat “overkill” to place
this matter on the ballot. He suggested requiring a super majority vote of the
commission or some other way to address height issues within the municipality.
The Town Commission advised Susie
Stark that final reading on this ordinance was scheduled for
No one else wished to speak and the public hearing was closed.
Attorney Sack advised that he would work to simplify the ballot language and bring it down to the requisite 75 words or less before the final public hearing.
The motion carried with Commissioner Price voting no. Second
reading and public hearing was scheduled for
***
The meeting recessed at
***
Old Business
The only item was Resolution No.
2006-09 supporting the Stolen Valor Act of 2005 as introduced by Colorado
Congressman John T. Salaza. (Note: This resolution was tabled at the
Commission’s
Attorney Sack read RESOLUTION NO.
2006-09 OF THE TOWN OF
Commissioner Walters moved for adoption. Commissioner Guglietta seconded the motion.
For the benefit of Marty Remark, Commissioner Walters read the purpose of the resolution which was to protect the integrity and honor of military awards.
The motion carried unanimously.
***
New Business
The first item was a Special
Events Permit Application for a “5-K Race
and Short Children’s Run” on
Acting Police Chief Dan Duncan
advised that the race’s route required closing
Gail Gowdy suggested that news of
the race and the closing of
Vice-Mayor Wilson and Commissioners Guglietta and Walters offered to serve as volunteers during the event.
Commissioner Walters moved to approve the Special Events Permit
Application as submitted by the Esteem Club for a 5K race through
***
Next was discussion and possible
action on the Fire Department’s proposal that the Town of Melbourne Beach
purchase a new fire pumper. (The Town Commission directed that this item be
placed on the agenda at its
Fire Chief Seth Stark pointed out that the Volunteer Corporation received numerous grants that benefited the Town; it was asking for a new pumper to be paid for out of funds that the Town budgeted annually. The back-up pumper was 30 years old. The first payment on the new pumper would not need to be made until October 2007. Chief Stark reiterated for the record that this request was a reallocation of funds that were already in the budget as he would initiate cuts elsewhere to purchase the new fire truck.
Commissioner Price moved to approve the Fire Department’s request to
proceed with the lease/purchase of a new pumper at a cost of $342,000 financed
over a 15-year period with an annual payment of $33,295. Commissioner Guglietta
seconded the motion.
Attorney Tsamoutales advised that it would be appropriate to include a “non appropriations” clause in the leasing agreement which provided that the Town of Melbourne Beach would not have any obligation if funds were not budgeted in a future year for whatever reason.
Vice-Mayor Wilson pointed out that the Fire Department already had a new truck; he simply did not understand the need for a second truck.
Jeff Bose, President of the Volunteer Fire Corporation, spoke in favor of the purchase of the new fire pumper. He also indicated that the Corporation was investigating the purchase of a mini pumper.
Susie Stark stated that the Town did not set aside funds in previous years for the purchase of a second truck. If this purchase was not approved, she urged the Commission to set monies aside in a capital outlay fund. The Fire Department was able to return funds to the Town each year because the Volunteer Corporation contributed substantially to the Department’s operation.
The motion to proceed with the purchase carried with Vice-Mayor Wilson and Commissioner Walters voting no. Chief Stark stated that he would do everything possible to keep the Town’s expenses down.
***
Commissioner Walters moved to approve Commissioner Price’s request to
exceed his annual travel allowance of $1,500 by $64 in order that he might
attend the
***
Attorney Tsamoutales read RESOLUTION NO. 2006-10 OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, URGING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY TO RECONSIDER PLACING UPON THE GENERAL ELECTION BALLOT THE “SAVE BREVARD” PROPOSED “QUALITY OF LIFE” AND “VOLUNTARY ANNEXATION” AMENDMENTS TO THE BREVARD COUNTY CHARTER; AND PROVIDING FOR AN EFFECTIVE DATE by title only.
Commissioner Price provided some
explanation into the proposed charter amendments which would, among other
things, take some authority away from municipalities as it related to issuance
of certain development permits which were currently a municipality’s
responsibility. Attorney Tsamoutales provided further explanation and noted
that the Space Coast League of Cities also opposed the charter amendments. In
fact, two members of a three member panel of attorneys charged with reviewing
the amendments had already ruled that the amendments were legally insufficient.
A meeting with the Brevard County Board of
Member Guglietta moved to adopt Resolution No. 2006-10 as presented.
Commissioner Price seconded the motion and it carried unanimously.
Mayor Stacey then passed the gavel to Vice-Mayor Wilson and moved to
designate Commissioner Price to represent the Town of
***
Town Manager’s Report
The Town Commission acknowledged receipt of the following reports from the Town Manager: (1) Action Item Report; (2) Police Department Monthly Activity Report – July 2006; (3) Public Works Man-Hour Report – June and July 2006; (4) Building Department Report – July 2006; (5) Financial Report – July 2006; (6) Code Enforcement Report – July 2006; and (7) Melbourne Beach Volunteer Fire Department Report – June 2006.
Commissioner Walters moved to discontinue the paper reproduction of the
daily log sheets for the Public Works Department but to continue providing the
monthly compilation report. Daily log sheets would be available in Town Hall if
anyone wished to review them. Commissioner Guglietta seconded the motion and it
carried unanimously.
On other items, the Town Manager:
***
Town Commission Reports
Vice-Mayor Wilson asked the
status of the Loggerhead Preserve. He also asked that the manager request a
traffic study for the signal on
Commissioner Price reported on
his attendance at the Florida League of Cities conference. He also mentioned
that a visitor’s center was planned for the rest stop along Interstate 95 in
Mims. The Town would have an opportunity to provide signage and information at
the center. Commissioner Price, along with Mayor Stacey and Town Manager
Bursick, planned to attend the Ethics Conference in
Commissioner Walters commended
Town Manager Bursick on the visible results of improvements being made around
town. He extended his compliments to the Public Works employees as well. The
Commissioner also thanked Acting Police Chief Duncan for explaining revenue estimates
used in the budget and for taking the initiative to pursue forfeiture funds
which were used to purchase bullet-proof vests. He encouraged citizens to sign
up for a free subscription to the Hometown
News. If the publication reached a certain level, it would be eligible for
the placement of legal notices which could save the town substantial expense as
opposed to publishing in the
Commissioner Guglietta thanked the Town for its expression of sympathy in his mother’s passing. He also reported on his attendance at the Florida League of Cities meeting and encouraged the public to attend budget workshops.
Mayor Stacey advised that he
attended a meeting of mayors from
***
The meeting adjourned at
______________________________
William G. Stacey, Mayor
ATTEST:
_____________________________
Karan J. Rounsavall
Interim Town Clerk