Town Commission

Regular Meeting

October 18, 2006

The Town Commission of the Town of Melbourne Beach, Florida, met in regular session on Tuesday, October 18, 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 Steve Walters, Donnie Price and Paul Guglietta. Also present were Town Manager Jim Bursick, Interim Town Attorney Gary Sack, and Town Clerk Lenore R. Milan.

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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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Approval of Minutes

Vice Mayor Wilson stated that, it was his belief that the Melbourne Beach Improvement Company’s representative agreed that they would wait until after the Election to hold their information center in Ryckman Park. He advised that they held their event that next Saturday. The Clerk was asked to review the meeting tape to determine if they had actually agreed, and amend the minutes accordingly.

Commissioner Price moved to approve the minutes of regular meeting September 18, 2006, as amended, and the minutes of the August 26, 2004 and September 2, and September 18, 2006 Special Meetings. Vice Mayor Wilson seconded the motion and it carried unanimously.

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Consent Agenda

Commissioner Price moved to approve all the consent agenda items in accordance with the following recommendations:

A. Interlocal agreement with Brevard County providing for traffic signal maintenance based on time and materials. Recommendation: Authorize execution of agreement with

Brevard County.

B. Professional services agreement with Ragsdale Planning Group, Inc and the Town of

Melbourne Beach to conduct a visioning process and develop the Evaluation and

Appraisal Report as required by the Department of Community Affairs for a lump sum of

$20,000. Recommendation: Authorize execution agreement with Ragsdale Planning

Group, Inc. for a lump sum of $20,000.

C. Authorization to waive the formal bid process and accept proposal by Varsity Courts, Inc.

in the amount of $8,314 for the resurfacing of the tennis and basketball courts in

Ryckman Park. Recommendation: Award bid to Varsity Courts in the amount of $8,314.

D. Site plan approval for an addition to an existing residence at 1910 Cedar Lane as

requested by Sue and Chris Sherry. Recommendation: Approve site plan as presented.

E. Site plan approval for addition to existing residence at 321 Second Avenue as requested by Tim and Joanie Kane. Recommendation: Approve site plan as presented.

F. Accept quit-claim deed transferring ownership and responsibility for that portion of Oak Street lying south of Ocean Avenue lying within the town limits of Melbourne Beach to the Town of Melbourne Beach. Recommendation: Accept quit-claim deed transferring ownership and responsibility as presented.

G. Special Events Permit Applications:

1) Surfing Contest on October 28 & 29, 2006, January 20 & 21, 2007 and March 24

& 25, 2007, as requested by National Scholastic Surfing Association.

Recommendation: Approve permit application as presented.

2) Iceman’s Fall Festival at Ryckman Park on October 28, 2006 as requested by the Rotary Club. Recommendation: Approve permit application as presented.

Commissioner Walters seconded the motion and it carried unanimously.

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Presentations By Special Guests

Mr. Ronald Morgan of “Communities for a Lifetime” spoke about the program, the benefits of adding health and well-being, education and social functions to the citizens of the Town. He advised the Commission of the National Citizens’ Survey, which would allow maximum involvement of the residents. There was a discussion regarding the Visioning process, and the residents’ input, that all the Boards and Committees would be made aware of this project.

The Town Manager stated that, at the last meeting, there was a brief discussion on how we wanted to proceed with this process. A discussion ensued as to the various means to advise residents of this project, such as the newsletter. The Town Manager stated that the Visioning process would begin in the near future and the Communities for a Lifetime Program could be incorporated into the Visioning process. Mr. Morgan offered his assistance.

Mayor Stacey thanked Mr. Morgan for coming to our meeting and making his presentation.

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Proclamations and Awards

Mayor Stacey read the proposed Proclamation requested by The Church of Jesus Christ of the Latter Day Saints. He stated that they had been very helpful during Hurricane time.

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Boards and Committees

The only item to be considered is the re-appointment of Parks Board regular members, Michael Collins, Curtis Byrd, Robert Belfatto, Sr. and Cindy Schuster and alternate member D.X. Ross for two-year terms expiring October 18, 2008. Commissioner Walters made a motion to approve the re-appointment, which was seconded by Commissioner Guglietta. The motion carried unanimously.

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Public Hearings

First to be considered was Ordinance No. 2006-10 prohibiting entry by the Town of Melbourne Beach into any contract with a private entity or person that would contain an agreement to indemnify the private entity or person. This ordinance was brought to the Town Commission’s attention by the Town Attorney at the September 18, 2006 meeting.

Town Attorney Sack read: ORDINANCE NO. 2006-10 OF THE TOWN OF MELBOURNE

BEACH, BREVARD COUNTY, FLORIDA, PROHIBITING ENTRY BY THE TOWN OF MELBOURNE BEACH, FLORIDA, INTO ANY CONTRACT WITH A GOVERNMENTAL OR PRIVATE ENTITY OR PERSON THAT WOULD CONTAIN AN AGREEMENT TO INDEMNIFY THE GOVERNMENTAL OR PRIVATE ENTITY OR PERSON; 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 first time by title only.

Commissioner Price moved for approval upon first reading. Commissioner Guglietta seconded the motion.

There was a discussion regarding the verbal agreement that was made through the previous Town Manager with the lawn service people. The Commission asked that every agreement be in writing, including the indemnification clause.

There being no further discussion, the motion carried unanimously.

First reading of Ordinance No. 2006-11 repealing Section 12-2, “Employees’ Retirement Pension Plan” and adopting a new Article entitled “Florida Retirement System” authorizing participation by eligible general employees in the Florida Retirement System.

Town Attorney Sack read ORDINANCE No. 2006-11 OF THE TOWN OF MELBOURNE

BEACH,AMENDING CHAPTER 12, BY ESTABLISHING A NEW ARTICLE II, ENTITLED FLORIDA RETIREMENT SYSTEM; AUTHORIZING PARTICIPATION BY ELIGIBLE GENERAL EMPLOYEES IN THE FLORIDA RETIREMENT SYSTEM “REGULAR CLASS” ADMINISTERED BY THE

STATE OF FLORIDA, STATE BOARD OF ADMINISTRATION, DIVISION OF RETIREMENT;

PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE the first time by title only.

Commissioner Walters moved to approve the ordinance upon first reading. Commissioner Guglietta seconded the motion. The motion carried unanimously.

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New Business

The first item was Resolution No. 2006-13, extending to the general employees of the Town of Melbourne Beach, the benefits of the Florida Retirement System and authorizing the Town Manager to execute all necessary agreements for this purpose.

Town Attorney Sack read RESOLUTION NO. 2006-13 OF THE TOWN OF MELBOURNE BEACH, FLORIDA PROVIDING FOR MEMBERSHIP IN THE FLORIDA RETIREMENT SYSTEM AND AUTHORIZING EXECUTION OF ALL NECESSARY AGREEMENTS WITH THE ADMINISTRATOR OF THE FLORIDA RETIREMENT SYSTEM FOR THE PURPOSE OF EXTENDING RETIREMENT BENEFITS TO THE GENERAL EMPLOYEES OF THE TOWN; AND PROVIDING FOR AN EFFECTIVE DATE by title only.

Commissioner Walters moved to approve the resolution, with Commissioner Guglietta seconded the motion. The motion carried unanimously.

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The second item was Resolution No. 2006-14 adopting a revised development review fee schedule, including site plan review fees (as authorized by Section 1A-4, Fees of the Land Development Code.

Town Attorney Sack read Resolution No. 2006-14 for the Town of Melbourne Beach, Brevard County, Florida, amending Site Plan Review FEE SCHEDULE by title only.

There was a brief discussion regarding the old fees, the Planning Official and Building Official spending extensive time reviewing plans, and that the permits would cover the cost to review.

Commissioner Walters moved to approve the resolution, with Commissioner Guglietta seconded the motion.. The motion carried unanimously.

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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 – September 2006; and (3) Public Works Man-Hour Report – September 2006.

On other items, the Town Manager:

• Advised that the Financial Report will be distributed before the next Commission Meeting.
• Shoreline project is complete.
• Scheduled a meeting for the Pedway Project, if they come to no agreement, will proceed with legal action.
• Filled the Building Official position, hired William Whitelock, plans to begin first week in November. He comes with over 30 years of experience in the construction industry.
• Town Attorney position has been advertised, received five responses. Will present resumes to the Commission at the next meeting for action
• Action Item Report, some items are long-term. Town Clerk Lenore Milan will have proposals for the new sound and recording system at the next meeting.
• Advisory Boards, staff members will be liaisons to Boards.
• Met with County Commissioners regarding annexation process.
• Website update is being done by Marion Noe, and a test site will be sent to the Commission.

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Town Commission Reports

Mayor Stacey

• He thanked the Town Manager, Town Clerk and Deputy Town Clerk.

• Spoke about when employees are hospitalized, that a collection takes time, he proposed a Goodwill fund. There was a discussion regarding the amount to be set aside. Commissioner Price moved to place $500 in a Sunshine Fund to he taken from the $5,000 allocated for the Website update, which was seconded by Commissioner Guglietta. The motion carried unanimously.
• Discussed a Holiday Party for the employees on December 22, 2006, at a cost to the Town of $20.00 per person, with $20.00 set aside for those police officers who will not be attending, with the funds to be taken from the unused travel allocation for the Commission. Vice Mayor Wilson moved to approve and Commissioner Price seconded. The motion carried unanimously.

Commissioner Price

• Spoke about the Candidates Forum with Ms. Downing advising that they did not have a set date scheduled, and that the League of Women Voters would facilitate.
• Advised that, at the last Space Coast League of Cities Meeting, he was nominated for Second Vice President

Vice-Mayor Wilson

• Spoke about the Williams Building, who was responsible for maintenance, that the Board expires December 2006; their next meeting is tomorrow night.

• Iceman’s Fall Festival on October 28, 2006 – Rotary Club – Fundraiser.

• Good Luck to Candidates.

Commissioner Guglietta

• Spoke about MPO meeting being cancelled.
• Advised about Amendments being voted on.

Mayor Stacey introduced Lenore Milan, new Town Clerk to the residents.

Commissioner Walters

• Spoke about Library doing wonderful, has 50-60 paintings from local artists, and have extended their hours.
• Stated that he likes the minutes, the format, no errors, well presented and well written.
• Discussed the Public Records issue with Dean Darling, stating that he was overcharged and should be reimbursed the overage. There was a lengthy discussion. It was approved to go back six months to reimburse anyone who was charged for research costs before the policy was in effect. The Clerk was asked to research and take care of the reimbursements.
• Informed that he received compliments about Marion Noe; her personality in dealing with the residents, and for her great work on the Website.

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The meeting adjourned at 8:45 p.m.

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William G. Stacey, Mayor

ATTEST:

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Lenore R. Milan, Town Clerk