Town Commission

Regular Meeting

July 19, 2006

The Town Commission of the Town of Melbourne Beach, Florida met in regular session on Wednesday, July 19, 2006 in the Community Center, 509 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 and Paul Guglietta. Also present were Town Manager Jim Bursick, Interim Town Attorney Gary Sack, and Interim Town Clerk Karan Rounsavall. Commissioner Steve Walters was absent.

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Mayor Stacey called the meeting to order and offered the invocation. The entire assembly recited the Pledge of Allegiance to the Flag.

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Changes to the Agenda

Town Manager Bursick asked that Consent Agenda Item C, being site plan approval for 801 Riverside Drive, be withdrawn. The item was not ready to go forward at this time.

Vice-Mayor Wilson asked that Consent Agenda Item B (bid for raising the Ryckman House elevation) be considered under New Business.

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Approval of Minutes

Commissioner Guglietta moved to approve the minutes of special meeting July 5, 2006. Commissioner Price noted that he was in attendance at this meeting but his name was not included among those present. He seconded the motion to approve the minutes with this correction. The motion carried unanimously

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Consent Agenda

Commissioner Guglietta moved to approve consent items A, D, and E in accordance with the following recommendations:

A. Award of bid for restoration of the river shoreline along Ryckman Park, Avenue A, Avenue B, Sunset Boulevard and Third Avenue. Source of Funds: Federal Emergency Management Agency (FEMA) to pay 90 percent of the total project cost and the remainder to be paid from the Public Works operating budget. Recommendation: Award bid to Santa Cruz Construction, Inc. of Merritt Island, lowest and best bid, for $103,778.

B. Special Events Permit application for swing dance on September 23, 2006 as requested by the Melbourne Beach Parks Board. Recommendation: Approve application.

C. Special Events Permit application for “Music in the Park” picnic on August 26, 2006 as requested by the Melbourne Beach Parks Board. Recommendation: Approve application.

Commissioner Price seconded the motion and it carried on an all yes vote.

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Presentations by Special Guests

George Geletko, Florida Government Affairs Director for Waste Management, gave an informative computer presentation on the fully automated cart waste collection system. Waste Management stood ready to implement this service in Melbourne Beach as early as late August/early September. The system used convenient, easy-to-use rolling carts in a 96-gallon size. The average household would be issued two such carts to handle household garbage and yard maintenance clippings. Collection days remained the same. Additionally, there was no change to the recycling program. Smaller, 64-gallon carts would be available in early 2007 for those residents desiring same. Mr. Geletko concluded his presentation by responding to questions from the audience and town commission.

Commissioner Price moved to implement the automated cart collection system as quickly as possible with 96-gallon carts (i.e. late August/early September). Commissioner Guglietta seconded the motion. Vice-Mayor Wilson offered an amendment to specifically reserve the option for residents to select a 64-gallon cart when these became available in early 2007. The amendment was accepted and the amended motion carried unanimously.

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Yvonne Clayborne of the auditing firm of Bray, Beck, and Koetter presented the Town of Melbourne Beach financial statements for fiscal year ending September 30, 2005. The independent audit was conducted in accordance with Generally Accepted Auditing Standards and Government Auditing Standards and the financial statements were presented under the GASB 34 reporting model. The auditors rendered an unqualified opinion to the Town of Melbourne Beach and found no material weaknesses in internal control.

Ms. Clayborne noted that the balance sheet reflected a fund deficit in the Capital Projects fund for the Pedway project in the amount of $344,251. She urged the Town to pursue finalization of its agreement with Brevard County and request disbursement of funds from the Transportation Impact Fee Trust Fund to correct this deficit balance.

Ms. Clayborne presented financial highlights for 2005 which included the early extinguishment of debt for the municipal complex. She was extremely complimentary of the Town’s financial staff for their expertise and assistance in completing the audit.

Commissioner Price moved to formally accept/approve the audit report for fiscal year ending September 30, 2005 as presented. Commissioner Guglietta seconded the motion and it carried unanimously.

Resident Alice Graham served on the audit selection committee that recommended Bray, Beck, and Koetter. She was pleased with the outcome.

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Non-Scheduled Citizen Comments

Ann Downing was disappointed that there was no Independence Day celebration in Melbourne Beach. She urged the Parks Board to plan some activity for 2007, even if it was just a few festivities.

Mr. Mallone of 206 Surf Road asked the status of two properties: the restaurant building at the end of Ocean Avenue and the overgrown lot behind the Chevron Station. Town Manager Bursick advised that a site plan for the restaurant was forthcoming in the near future. As to the lot behind the gas station, it was his understanding that the owner was waiting to see what transpired with the height ordinance. As to the overgrown nature of this lot, code enforcement had been advised.

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Boards and Committees

Cindy Schuster, Chairman of the Parks Board, responded to earlier comments about the lack of a Fourth of July Celebration. Comments from the 2005 celebration were that it was too large for town staff to handle. Unfortunately, there was no way to limit the size of a celebration as it related to the number of people attending. She went on to mention the board’s plans to establish an e-mail notification list to inform residents about activities in the Park. Because the Beachcomber was only a quarterly publication, it was not always timely in announcing events. There were plans to publish a survey in the next issue of the town’s newsletter. Tom Shaw offered space on his servers to handle the parks mailing list.

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Public Hearings

The only item was first reading of Ordinance No. 2006-08 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. 2006-08 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.

Vice-Mayor Wilson moved to approve the ordinance upon first reading. Commissioner Guglietta seconded the motion for discussion.

Commissioner Guglietta questioned whether or not staff complied with advertising requirements in Florida Statutes as it related to this ordinance. He also questioned whether or not it was advertised for the Planning and Zoning Board meeting. The Commissioner sent a letter to the State Attorney General requesting clarification as to these matters.

Town Manager Bursick advised that Ordinance No. 2006-08 established ballot language. He believed that Commissioner Guglietta was referring to the height ordinance that was reviewed by the Planning and Zoning Board the previous week. Town Attorney Sack advised similarly. This was the first reading of an ordinance to place a matter on the November ballot. If the height ordinance referenced in Ordinance No. 2006-08 was not adopted, then there would be no need for this ordinance. He went on to state that ballot language must be submitted to the Brevard County Supervisor of Elections by the end of August.

As to legal notice requirements, the attorney advised that this ordinance, as well as the height ordinance, would be advertised pursuant to the dictates of Florida Statutes. There was a special provision in the Town Code stating that an ordinance amending the Land Development Code was to be the subject of a newspaper advertisement prior to its hearing before the Planning and Zoning Board.

Mayor Stacey opened the public hearing. Tom Shaw called this a rush to judgment. He felt it was inappropriate for the Town Commission to consider an ordinance setting forth ballot language before it adopted the height ordinance. To require a change to the Town’s height ordinance to be voted on by the electorate was unreasonable as land development ideas and architectural standards changed over time. This was over legislation.

Alice Graham pointed out that the Commission had been working to place the height issue on the ballot for over a year. She wanted to see it on the ballot.

Gail Gowdy wanted to see the people have a say in the height issue in this community, not just the Town Commission. The people could be trusted to make a good decision.

No one else wished to speak and the public hearing was closed.

Commissioner Guglietta moved to continue first reading of Ordinance No. 2006-08 to the special meeting on July 26, 2006 coincident with the first reading of the height ordinance. Commissioner Price seconded the motion and it carried with Vice-Mayor Wilson voting no.

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Old Business

The only item was a recommended change to Section 19.02 of the Policy and Administrative Procedures Manual related to disciplinary action. The proposed change prohibited the use of compensatory time or administrative leave by exempt employees while serving a suspension without pay or placement on administrative leave without pay unless authorized by the Town Manager. The policy could not be enforced retroactively. Town Manager Bursick cited a situation where an employee might be having personal problems as an example of when he might approve the use of such leave while an employee was on an unpaid status. If the administrative leave was for disciplinary action, then the town manager would certainly deny such a request.

Commissioner Price moved to approve the policy amendment as presented by the Town Manager. Commissioner Guglietta seconded the motion. It carried on an all yes vote.

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The only other item was a request from Doug Wilson Enterprises, Inc. for final payment on the municipal complex in the amount of $89,668.79. Town Manager Bursick was comfortable proceeding with payment as outstanding issues involving the public parking gate, storm drain improvements, and the rear bay door to the fire department were resolved satisfactory. Representatives from Doug Wilson Enterprises were available to answer questions.

Commissioner Price moved to authorize final payment to Doug Wilson Enterprises, Inc. for $89,668.79. Commissioner Guglietta seconded the motion and it carried unanimously.

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New Business

The first item was consideration of a concession agreement between the Town of Melbourne Beach and See Coast Manufacturing Company, Inc. for coin-operated telescopes to be located at Ryckman Park overlooking the Indian River and another at Ocean Park. The proposal was presented by the Melbourne Beach Parks Board; Chairman Cindy Schuster was present to answer questions. Coins deposited into the telescopes would be removed periodically by Town staff and a percentage remitted back to the company. In addition, See Coast was responsible for installation and maintenance.

Commissioner Price moved to direct the town manager and town attorney to draft a concession agreement with See Coast Manufacturing Company, Inc. for coin-operated telescopes to be brought back to the Town Commission for final approval. Commissioner Guglietta seconded the motion and it carried on an all yes vote.

Alice Graham felt that there might be quite a large demand for these telescopes during shuttle launches.

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At this time, the Commission returned to the deferred consent item being authorization to waive the formal bid process and to issue a purchase order to Youngblood & Sons Building in the amount of $5,000 for raising the Ryckman House foundation to its original elevation of approximately 18 inches above grade. Vice-Mayor Wilson asked that this item be removed from consent agenda. He noted that there was a lot of work to be done on the house in general and wondered if the $5,000 would be better used for other repairs. Commissioner Price felt that stabilizing the foundation would minimize the deterioration process on the structure and allow other repairs to be of a permanent nature such as aligning the doors and windows.

Marty Remark, Chairman of the History Board, advised that her board made the recommendation to raise the elevation of the structure. Having substantial experience in moving and stabilizing historic structures, this was also the contractor’s recommendation. Interior repairs would follow. Joe Tracey of Citrus Court agreed that raising the elevation was the first step in renovating the historic Ryckman House.

Commissioner Price moved to waive the bid process and award a purchase order to T. A. Youngblood & Sons Building of Lake Monroe for $5,000 with funds available in the Historic Preservation and Awareness Fund. Commissioner Guglietta seconded the motion and it carried with Vice-Mayor Wilson voting no.

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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 – June 2006; (3) Volunteer Fire Department Monthly Report – June 2006; (4) Building Department Report – June 2006; (5) Financial Report – June 2006; and (6) Code Enforcement Report – June 2006.

On other items, the Town Manager:

• Advised that he received no response, to date, from Frank Thomas as to the Town’s request for historical artifacts in his possession;
• Announced a meeting on July 21, 2006 with Brevard County officials to discuss transfer of Oak Street jurisdiction. Depending on the outcome of the meeting, acceptance of the transfer would be a future agenda item;
• Advised that the proposed budget for Fiscal Year 2006/2007 would be distributed on July 21, 2006. A special meeting to set tentative millage rate and public hearing dates was scheduled for July 26, 2006;
• Reported on status of recruitment efforts for a new town clerk. The Commission directed the Town Manager to schedule interviews with two qualified candidates from which applications were received to date.

Commissioner Price thanked Town Manager Bursick for his hard work and for keeping everyone informed.

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Town Commission Reports

Commissioner Price announced that the Florida League of Cities nominated him as a trustee to the Florida Municipal Insurance Trust Fund. He also mentioned that he, along with two other commissioners, planned to attend the League’s annual conference in Jacksonville in August.

Commissioner Guglietta reported on his attendance at the latest meeting of the Metropolitan Planning Organization and his conversation with County Commissioner Helen Voltz on extension of the Pedway project.

Commissioner Guglietta read into the record a 1987 declaratory judgment involving the Chevron Station at Oak Street and Ocean Drive relating to the station’s ability to operate a convenience store on its premises. The station now wanted to improve and modernize its property; he was in favor of these improvements.

Mayor Stacey announced that he would be meeting the next day with other mayors from the Central Florida area. On July 21^st, he would attend the meeting with Brevard County officials as to the Oak Street transfer.

Mayor Stacey commended staff on the excellent job that it was doing.

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The meeting adjourned at 9:15 p.m.

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William G. Stacey, Mayor

ATTEST:

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Karan J. Rounsavall

Interim Town Clerk