Town Commission

Special Meeting

August 30, 2006

The Town Commission of the Town of Melbourne Beach, Florida held a special meeting on Wednesday, August 30, 2006 in the Masny Room, 507 Ocean Avenue, beginning at 6:30 p.m.

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In attendance were Mayor William Stacey, Vice-Mayor Sandy Wilson, and Commissioners Donnie Price, Paul Guglietta and Steve Walters. Also present were Town Manager Jim Bursick and Town Attorney Gary Sack. (Note: Attorney Sack arrived at 6:38 p.m.)

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Mayor Stacey called the meeting to order. While several items were on the agenda, the most critical were the ordinances relating to building height and setting forth ballot language for a referendum election with regard to changes to building height.

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First was a Special Events Permit Application for a car wash sponsored by Friends of the Melbourne Beach Library on September 16, 2006 at the Chevron gas station. Commissioner Walters moved for approval. Vice-Mayor Wilson seconded the motion and it carried unanimously.

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Vice-Mayor Wilson moved to authorize execution of First Amendment to Interlocal Agreement creating the Brevard Metropolitan Planning Organization by providing for a shared seat for the cities of Cape Canaveral and Cocoa Beach. Commissioner Walters seconded the motion and it carried on an all yes vote.

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The third item dealt with improvements to Ryckman Park. Town Manager Bursick explained that the owners of the residence at 1003 River Road (adjacent to the park to the south) wished to remove the asphalt on the street in front of their residence and replace it with brick pavers. This portion of the right-of-way did not allow for through traffic and only allowed access to the residence and pedestrian or bike traffic leading to and from Ryckman Park. Should the request be granted, the owners indicated they might be willing to replace the sidewalk on the west side of the park, leading from the south end of the park to Ocean Avenue, with brick pavers. Allowing the request would not constitute a release of the right-of-way and the owners would be required to maintain the pavers on River Road in front of their residence. Additionally, the pavers would need to be constructed with a stabilized base to withstand heavy loads because of the need to drive over this area of the sidewalk with equipment. The request had not yet been heard by the Parks Board.

Referring to the renovations at 1003 River Road, Commissioner Walters wondered whether a permit was obtained to remove a very old and large oak tree. Town Manager Bursick did not believe this was the case and pointed out that the Town’s Code relating to tree protection and landscaping was very weak.

Commissioner Price moved that the request be presented to the Parks Board for its input and recommendation. He also asked that the Town Commission’s discussion on this matter be related to the Parks Board. Commissioner Guglietta seconded the motion and it carried.

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Next was second reading and final public hearing on Ordinance No. 2006-08 amending the Melbourne Beach Land Development Code relating to building height and minimum building elevations in various zoning districts.

Town Manager Bursick read ORDINANCE NO. 2006-08 OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, RELATING TO THE HEIGHT OF BUILDINGS AND STRUCTURES; AMENDING VARIOUS PROVISIONS AND SECTIONS OF APPENDIX A - LAND DEVELOPMENT CODE OF THE CODE ORDINANCES OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA; AMENDING SECTION 1A-3. DEFINITIONS; AMENDING SECTION 7A-17. APPLICATION OF DISTRICT REGULATIONS; AMENDING SECTION 7A-31. 1-RS SINGLE-FAMILY RESIDENTIAL DISTRICT; AMENDING 7A-32. 2-RS SINGLE-FAMILY RESIDENTIAL DISTRICT; AMENDING 7A-33. 3-RS SINGLE-FAMILY RESIDENTIAL DISTRICT; AMENDING 7A-34. 4-RM MULTI-FAMILY RESIDENTIAL DISTRICT; AMENDING 7A-35. 5-RMO OCEANFRONT MULTI-FAMILY DISTRICT; AMENDING SECTION 7A-40. CHURCHES, TEMPLES, PLACES OF WORSHIP, LIBRARIES, MUSEUMS AND SCHOOLS IN RESIDENTIAL DISTRICT; AMENDING SECTION 7A-55. BUILDING CONSTRUCTION; AMENDING SECTION 7A-59. EXCEPTIONS TO HEIGHT REGULATIONS; ADDING A NEW SECTION 7A-70. FEDERAL AND STATE ELEVATION CERTIFICATES AND DOCUMENTATION; RE-NUMBERING SECTIONS 7A-71.-7A-79. RESERVED; AMENDING SECTION 7A-152. POWERS AND DUTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE the second time by title only.

Commissioner Price moved to adopt Ordinance No. 2006-08 as presented. Vice-Mayor Wilson seconded the motion.

No one was present to speak on the ordinance. (Town Attorney Sack arrived at this point.)

During discussion, several commissioners commented on the history involving the evolution of this particular ordinance and the hard work by everyone to put forth a simple but all-inclusive document. The thorough review by the Planning and Zoning Board was applauded. Vice-Mayor Wilson pointed out that certain parts of this ordinance could be changed by a majority vote of the Town Commission; only those sections relating specifically to height would require a vote of the electorate should the related referendum be adopted during the general election.

The motion carried unanimously.

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Next was Ordinance No. 2006-09 setting forth ballot language for a referendum election on November 7, 2006 providing that no structure or building shall exceed the height limitations as they exist on September 1, 2006 without first being approved by the electors of Melbourne Beach.

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, FLORIDA, 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 second time by title only.

Attorney Sack advised that A. Van Katterton, Jr. of The Breakers Condominium, in correspondence dated August 30, 2006, requested clarification on proposed Section 6.06 of the Charter relating to height limits as follows: “The building height permitted on any parcel of land by the Code of Ordinances of the Town of Melbourne Beach, Florida as the same exist Code exists on September 1, 2006…”

No one wished to speak on the ordinance.

Commissioner Guglietta moved to adopt Ordinance No. 2006-09 with the amendment stated above as requested by The Breakers Condominium. Vice-Mayor Wilson seconded the motion and it carried unanimously.

Pursuant to Ordinance No. 2006-09, the following referendum question would appear on the ballot for the November 7, 2006 general election:

Shall the Town adopt a Charter Amendment providing that building height may not exceed the limits as provided by the Town Code as of September 1, 2006, unless approved by the Town’s electors at a referendum paid for by the proponent of the height increase?

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The final item was request for direction to place the names of the candidates for town commission upon the November 7, 2006 ballot pursuant to Section 13-3 of the Code of Ordinances. The official qualifying period for Town Commission candidates closed at 5 p.m. on August 29, 2006. As of the close of qualifying, nominating petitions, filing fees, and other required documentation were received from the following candidates: April Evans, Paul S. Guglietta, Thomas R. Shaw and Steve Walters. In a memorandum to the Town Commission dated August 29, 2006, the interim town clerk advised that each of the candidates had met all the necessary requirements to qualify as a candidate. The nominating petitions were available for review in the town clerk’s office.

Commissioner Price moved to order that the names of the above-listed candidates be placed upon the ballot for the office of town commissioner. Vice-Mayor Wilson seconded the motion and it carried unanimously.

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The meeting adjourned at 6:54 p.m.

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William G. Stacey, Mayor

ATTEST:

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Karan J. Rounsavall, CMC

Interim Town Clerk