TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION
Regular Meeting
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Wednesday
FEBRUARY 18, 2004
COMMUNITY CENTER
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An regular meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by
Mayor Walters at 7:00 p.m. on Wednesday, February 18, 2004 in the Community Center. Mayor Walters also led
the Pledge of Allegiance.
Present:
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Mayor Walters
Vice Mayor Guglietta
Commissioner Price
Commissioner Stacey
Commissioner Wilson
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Others Present:
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Town Attorney Gougelman
Interim Town Manager Taylor
46 members of the public
Town Clerk Masny
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I. CHANGES TO THE AGENDA
Commissioner Stacey requested that agenda item IX.D. be removed from the agenda as he has discovered
that the County may have renamed Paradise Beach Park in former Senator Futch’s honor. Commissioner
Stacey stated that he found out that the park is half in the County’s jurisdiction and half in the City of
Melbourne’s jurisdiction and that he would like to do additional research regarding this topic.
II. PRESENTATIONS BY SPECIAL GUESTS: GAIL GOWDY AND ANNIE HELEN THOMAS, MELBOURNE
BEACH GARDEN CLUB REGARDING BICENTENNIAL PARK.
Annie Helen Thomas and Gail Gowdy of the Melbourne Beach Garden Club reported that the Club applied
for and received a grant through Keep Brevard Beautiful for native planting at Bicentennial Park. The grant
award is in the amount of $2,000 to be matched by in-kind labor with help of the local surf organization and
local Rotary Club. Ms. Thomas stated that the grant will include 152 plants and the existing beds will be
grouped into three (3) plant beds on either side of the park, to make a total of six (6) beds. Ms. Thomas
stated that the planting day will be March 13th at 8:00 a.m. and extended an invitation to the Town
Commission and residents to help with the planting.
The Town Commission thanked the Melbourne Beach Garden Club for all of their efforts throughout the year.
III. PROCLAMATIONS AND AWARDS:
A. MAYOR WALTERS TO PRESENT “CERTIFICATE OF COMPLETION” TO COMMISSIONER
WILLIAM G. STACEY FOR ATTENDANCE AT THE 2004 INSTITUTE FOR ELECTED MUNICIPAL OFFICIALS.
Mayor Walters presented a Certificate of Completion to Commissioner William G. Stacey for his attendance at
the 2004 Institute for Elected Municipal Officials.
B. MAYOR WALTERS TO PRESENT “CERTIFICATE OF COMPLETION” TO VICE MAYOR PAUL S.
GUGLIETTA FOR ATTENDANCE AT THE 2003 ADVANCED INSTITUTE FOR ELECTED MUNICIPAL
OFFICIALS.
Mayor Walters presented a Certificate of Completion to Vice Mayor Paul S. Guglietta for his attendance at
the 2003 Advanced Institute for Elected Municipal Officials.
IV. NON-SCHEDULED CITIZEN COMMENTS.
Frank Thomas, 606 Atlantic Street commented that there is a church at the corner of Avenue A and
Oak Street and was curious as he does not believe it is zoned for that. Mr. Thomas also commented
that a sign is on the side of the building stating it is a church and has services.
V. APPROVAL OF MINUTES: JANUARY 5, 2004 JOINT WORKSHOP,
JANUARY 7, 2004 WORKSHOP AND
JANUARY 13, 2004 SPECIAL MEETING.
Commissioner Wilson asked for a correction to the January 7, 2004 workshop minutes that on Page 5
at the end of the second paragraph, add a sentence to read, “Mr. Hamilton commented that he invited
all of the Town Commission members, except for Commissioner Wilson.”
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER PRICE TO APPROVE THE MINUTES OF
JANUARY 5, 2004 JOINT WORKSHOP AND JANUARY 13, 2004 SPECIAL MINUTES SPECIAL MEETING
AS WRITTEN AND APPROVE THE MINUTES OF JANUARY 7, 2004 WORKSHOP AS CORRECTED.
VOTE: ALL AYES. MOTION CARRIED.
VI. REPORTS FROM ANY TOWN BOARD OR COMMITTEE SUBMITTING A REPORT:
A. PARKS BOARD: APPROVAL OF FUNDS FOR MUSIC IN THE PARK EVENT SCHEDULED
FOR MARCH 6, 2004.
Donnie Price, Parks Board Chairman reported that the Board has a music in the park event planned for
March 6, 2004 with an acoustic music festival that will include two (2) bands with three (3) groups of hay
bails for the musicians to sit on and play their instruments. Chairman Price commented that the bands
are called “Acoustic Alliance”, and the event is free to all and musicians are invited to join in at the hay bails,
depending on talent. Chairman Price reported that there will be two (2) showings, one from 2:00 p.m. until
4:00 p.m. with a band named, “One Street Over” and the other show will be from 7:00 p.m. until 9:00 p.m.,
with a jam session at 4:15 p.m. until 6:45 p.m. Chairman Price reported that a banner will announce the
event and the music styles will be swing, blue grass, folk, country Irish and jazz and he anticipates about
200 people, plus a following of the bands and a sound man will be needed to amplify the music. Chairman
Price reported that the cost a maximum of $1,500.00 for the event.
Commissioner Stacey asked about movies in the park and how the money is spent for this event. Chairman
Price stated that the contractor charges $500 to show the movie. Commissioner Stacey asked how many
attend the movies in the park? Chairman Price stated as few as 100 and as many as 500 people attend.
Commissioner Stacey asked if the Town would be liable if a youngster falls in the park as it is usually dark
to show a movie. Town Attorney Gougelman commented that the Town could be liable. Chairman Price
advised that there is a light on and the park is not pitch black during the movie showings.
Commissioner Guglietta commented that the Parks Board looks at what kind of movie is shown and that
he has been at movies in the park and the parents and children are well mannered and the Parks Board
works hard on these events and he believes the money is well spent.
Chairman Price stated that the fire and police department members are present at every show and that
they show a safety film before each movie.
Chairman Price reported that Founders Day plans are in progress and that the band this year will be Dan
Wilborn and the Puzzlers at a cost of $750.00 and the rest of the events are being organized and all is
on schedule. Chairman Price announced that the street party will be on Ocean Avenue this year and not
at the pavilion in Ryckman Park as last year. Chairman Price also reported that Mr. Levine recently sold
the donated 1955 Studebaker for $6,000 and the Town should receive the funds improvements to the park.
Mayor Walters asked for public comment regarding the music in the park event. There were no comments
from the public.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER STACEY THAT THE TOWN COMMISSION
APPROVE UP TO $1,500 FOR MUSIC IN THE PARK SCHEDULED FOR MARCH 6, 2004.
VOTE: ALL AYES. MOTION CARRIED.
VII. CONSENT AGENDA:
A. APPROVAL OF 2003/2004 OCEAN LIFEGUARD SERVICE CONTRACT.
B. ACCEPT JOY CAMPBELL’S RESIGNATION FROM THE TOWN’S
ENVIRONMENTAL ADVISORY BOARD.
C. REAPPOINTMENT OF ROBIN BLANKENSHIP FROM THE ALTERNATE #1
POSITION ON THE ENVIRONMENTAL ADVISORY BOARD TO A REGULAR MEMBER
WITH A TERM FEBRUARY 18, 2004 THROUGH FEBRUARY 18, 2006.
D. REAPPOINTMENT OF KRISTEN VAN WAGNER FROM THE ALTERNATE #2
POSITION ON THE ENVIRONMENTAL ADVISORY BOARD TO THE ALTERNATE #1
POSITION WITH A TERM FEBRUARY 18, 2004 THROUGH FEBRUARY 18, 2006.
Mayor Walters pulled Consent Agenda Item E. as the Town Commission will need to appoint a
member to the Committee.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO APPROVE CONSENT
AGENDA ITEMS A THROUGH D AS PRESENTED.
VOTE: ALL AYES. MOTION CARRIED.
E. APPROVAL OF THE 2004 JUNIOR CITIZEN OF THE YEAR COMMITTEE.
Mayor Walters announced that the members of the Junior Citizen of the Year Committee are as
follows: David Dunn, Guidance Counselor at Gemini Elementary School; Carolyn White, Guidance
Counselor at Hoover Junior High School; Rick Bartman, Assistant Principal at Melbourne High School
and Pat Haran, Acting Chief of Police and that the Town Commission will need to appoint a representative
to serve on the Committee.
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER WILSON TO APPROVE THE JUNIOR CITIZEN
OF THE YEAR COMMITTEE AND THAT VICE MAYOR GUGLIETTA BE APPOINTED TO SERVE ON THE
JUNIOR CITIZEN OF THE YEAR COMMITTEE.
VOTE: ALL AYES. MOTION CARRIED.
VIII. PUBLIC HEARING:
A. RESOLUTION NO. 730
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING
TO CREATION OF A TOWN HISTORY PRESERVATION AND AWARENESS BOARD; MAKING FINDINGS;
CREATING THE BOARD AND PROVIDING PURPOSE AND DUTIES; PROVIDING FOR APPOINTMENT
AND SPECIFYING TERMS; PROVIDING FOR OFFICERS AND RULES AND PROCEDURES; SPECIFYING
DURATION; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT RESOLUTIONS; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Town Attorney Gougelman read Resolution No. 730 by title.
Mayor Walters opened the public hearing for comments from the public regarding Resolution 730.
Frank Thomas, 606 Atlantic Street commented that according to the resolution, the Board will be in
existence until 2005 and that it should be a permanent Board. The Town Commission advised that
they will watch the Board and the interest and progress of the Board and may switch it to a standing
Town Board. Mr. Thomas stated that an historical board is way over due and this is a temporary nature
and should be permanent. Vice Mayor Guglietta commented that no one was paying attention to our
old buildings in the past and if this Board works, they will let town know what has to be done to the
historic buildings; but first we need to find out how much community involvement will be with this
board before making it a permanent board.
Mr. Thomas asked why the wordiness in name of Board? Town Attorney Gougelman stated that
Mr. Thomas’ comments are certainly appreciated the Town Commission did not agree to shortening
the name of the board at the present time.
Mr. Thomas suggested that the board be composed of five (5) members rather than seven (7) members
and three (3) members should make a quorum. The Town Commission agreed to this change.
Mr. Thomas suggested in paragraph three (3) change the name of the “Williams Building” to “Old Town
Hall” and the spelling of the name “Browne” to “Brown.” The Town Commission agreed to keep the “Williams
Building” in the resolution and put “Old Town Hall” in parenthesis after, the “Williams Building.”
Ann Downing, 801 Pine Street, asked if the Walter Brown house should be in the resolution as it is privately
owned and the Town Commission agreed to remove this from the resolution.
Eva Swindall, 518 Andrews Drive, commented that the Town previously had an historical board and it was
headed up by Mr. Thomas and the Board put the old post office in its present location and Frank Thomas
worked on the Ryckman House and he is the historian from Melbourne Beach and is interested in this role
and the Town Commission should consider him as head of the Board.
Mr. Thomas stated that he would be happy to serve on the board, but will not chair it.
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER GUGLIETTA THAT RESOLUTION NO. 730
BE ADOPTED AS AMENDED. A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY,
FLORIDA RELATING TO CREATION OF A TOWN HISTORY PRESERVATION AND AWARENESS BOARD;
MAKING FINDINGS; CREATING THE BOARD AND PROVIDING PURPOSE AND DUTIES; PROVIDING FOR
APPOINTMENT AND SPECIFYING TERMS; PROVIDING FOR OFFICERS AND RULES AND PROCEDURES;
SPECIFYING DURATION; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT RESOLUTIONS;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED.
B. RESOLUTION NO. 731
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA URGING
MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING MUNICIPAL ISSUES
DURING THE 2004 LEGISLATIVE SESSION; AND PROVIDING FOR AN EFFECTIVE DATE.
Town Attorney Gougelman read Resolution No. 731 by title. Commissioner Price advised that this resolution
is coming from the Florida League of Cities of which the Space Coast League is a part and the primary
purpose of the league is to support all issues that might affect cities and to promote and protect cities
through the legislative process. Commissioner Price stated that the County is coming up with a $200
filing fee for the prosecution of violations of city ordinances and if this were to take place, it would put
the cities in a position where they would cease to receive revenues on fines. Commissioner Price stated
that the League of Cities would like all of the cities to come out in opposition to this.
Vice Mayor Guglietta commented that the state is giving us another unfunded mandate and telling us that
we are going to do this, but are not giving us any more money and they are saying that if someone violates
an ordinance, and you have to take them to court, the bill prohibits the Town from contracting with the
State Attorney for the prosecution of a municipal ordinance. Vice Mayor Guglietta stated that they will
charge us $200 for every time we fine a code violation and it will cost more money for the Town to enforce
our ordinances.
COMMISSIONER PRICE MOVED, SECOND VICE MAYOR GUGLIETTA THAT RESOLUTION NO. 731 AS
PRESENTED BE APPROVED AND ADOPTED. A RESOLUTION OF THE TOWN OF MELBOURNE BEACH,
BREVARD COUNTY, FLORIDA URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE
FOLLOWING MUNICIPAL ISSUES DURING THE 2004 LEGISLATIVE SESSION; AND PROVIDING FOR
AN EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED.
IX. NEW BUSINESS:
A. APPOINTMENT OF A TOWN REPRESENTATIVE TO SERVE ON THE BREVARD WATER
SUPPLY BOARD.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON THAT COMMISSIONER STACEY
BE APPOINTED THE TOWN REPRESENTATIVE TO SERVE ON THE BREVARD WATER SUPPLY BOARD.
VOTE: ALL AYES. MOTION CARRIED.
B. APPOINTMENT OF A TOWN REPRESENTATIVE TO SERVE ON THE TECHNICAL ADVISORY
COMMITTEE OF THE BREVARD METROPOLITAN PLANNING ORGANIZATION.
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER PRICE THAT VICE MAYOR GUGLIETTA BE
APPOINTED THE TOWN REPRESENTATIVE TO SERVE ON THE TECHNICAL ADVISORY COMMITTEE OF
THE BREVARD METROPOLITAN PLANNING ORGANIZATION.
VOTE: ALL AYES. MOTION CARRIED.
C. APPOINTMENT OF A TOWN COMMISSIONER TO SERVE ON THE JUNIOR
CITIZEN OF THE YEAR COMMITTEE.
This agenda item was discussed under the Consent Agenda as item VII. E.
D. DISCUSSION AND POSSIBLE ACTION REGARDING HONORING THE LATE SENATOR
HOWARD FUTCH BY RENAMING OCEAN PARK IN HIS HONOR. (COMMISSIONER STACEY)
Commissioner Stacey removed this item from the agenda at the beginning of the meeting.
X. REPORTS:
A. TOWN ATTORNEY
Town Attorney Gougelman reported that there has been an appeal filed by two (2) residents regarding
the Hamilton house and the appeal will have to go to the Board of Adjustment. Town Attorney Gougelman
reported that Commissioner Wilson feels that so there will be no mistake as to what type of legal advice
is given to any Board members outside of the hearing, the Town Attorney memorialize in writing, any
advise given to a Board member prior to the meeting. There were no objections by the Town Commission
regarding this suggestion. Commissioner Wilson stated that he would also like to know of conversations
between the Town Attorney and anybody in the Hamilton group.
Commissioner Stacey commented that residents should not call the Town Attorney for advice, they should
contact the Town Manager first and see if he can resolve the issue because the Town Attorney does not
work for individual citizens of the Town, he works for the Commission.
B. TOWN MANAGER
Interim Town Manager Taylor stated that he provided a financial status report and advised that the auditors
will start work this coming Monday (02/23/04) and all schedules have been put together with the exception
of the draft assets schedule. Interim Town Manager Taylor reported that during the first four (4) months of
this fiscal year the Town has spent $527,736 of the general fund through the period ending January 2004
and received $956,693 which is primarily due to the property taxes received.
Interim Town Manager Taylor reported that he and Vice Mayor Guglietta attended the County Transportation
Impact Fee meeting and believes they were reasonably successful in getting more money put into a reserve
account for the pedway project. Interim Town Manager Taylor reported that he has asked that Gail Jones
proceed with bids for the project so that the Town is dealing with real numbers rather than engineer estimates.
Interim Town Manager Taylor reported that he looked into the Town pension plan and had a meeting with
a representative of the ICMARC Corporation and they will prepare some comparison information and get
that to the Town.
Interim Town Manager Taylor stated that he was asked to look into the signalization at the traffic signal
regarding if a left turn lane can be added and that he met with Dick Thomas of Brevard County Traffic
Engineering and he thought that the Town could probably do this without major curb or drainage work
and that he has made contact with the Florida Department of Transportation to discuss this with them.
Interim Town Manager Taylor stated that if the Town wants to proceed with installing the safety ladders
at the end of the pier, the cost will be about $350 to buy 2, 7 ½ foot ladders and the Town will install them.
Interim Town Manager Taylor stated that he is continuing to work on background checks of the Town
Manager applicants.
Interim Town Manager Taylor stated that the Brevard County School Impact Fee Study has been prepared
and the Board of County Commissioners has scheduled a meeting tomorrow morning at 9:00 at Viera if
anyone is interested in attending.
Interim Town Manager Taylor stated that he has some preliminary information regarding the condition of
the Ryckman House and Old Post Office Building and will have a full report by the next meeting.
C. TOWN COMMISSIONERS
Vice Mayor Guglietta thanked the Melbourne Beach Volunteer Fire Department for their quick action
regarding a fire on Elm Avenue and commended the Police Department for the excellent job regarding
traffic control.
Commissioner Price reported that the Town has approved the resolution supporting the Space Coast
League of Cities request regarding House Bill 113A and stated that it is an important organization for
the Town to be involved with and the meetings allow the cities to share information and knowledge.
Commissioner Stacey reported that the Commission has been interviewing candidates for the Town
Manager position and asked if it is his understanding that the Town Commission picked two (2) candidates
from the first group of interviewees and will select two (2) candidates from the second group to interview again.
Commissioner Wilson reported that he received the hourly traffic reports and noted that the people who are
cutting south on Pine Street from Ocean Avenue are doing so between 3:00 p.m. and 6:00 p.m. Commissioner
Wilson reported that he talked to Mr. Thompson and he agrees with the Interim Town Manager that the intersection
lane at the traffic signal eastbound on Ocean Avenue could help with the Pine Street cut-through problem.
Commissioner Wilson discussed that a solution needs to be made regarding the inability of traffic to turn left
going eastbound on Ocean Avenue and the inability to turn right without waiting in line, which causes people
to cut down Pine Street. Commissioner Wilson commented that he received a new page for the Town
directory and asked Town Attorney Gougelman what his relationship is with a Reinman attorney firm as
asked if this is his business address? Town Attorney Gougelman reported that this address is a mail drop
for him and also a location he uses for compliance with the occupational license regulations and that he
used to be a member of that firm.
Mayor Walters asked why the Public Works Department report is based on 3 employees this month and
stated that the police activity report is not acceptable as it should contain about a three (3) year trend to
give a comparison of problem areas. There were no objections from the Town Commission to go back to
the old Police Department report format. Mayor Walters stated that the Town Commission did not receive
a monthly Fire Department report.
D. GENERAL COMMISSION DISCUSSION (TIME PERMITTING)
There was no general Commission discussion.
XI. ADJOURNMENT
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER PRICE TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The regular meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 8:50 p.m.
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STEVEN O. WALTERS, MAYOR
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CYNTHIA E. MASNY, CMC
TOWN CLERK
Note: a mechanical recording has been made of the foregoing procedures of which these minutes are a
part and is on file in the office of the Town Clerk.
PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, THE TOWN HEREBY
ADVISES THE PUBLIC THAT: If a person decides to appeal any decision made by the
Town Commission with respect to any matter considered at its meeting, he will need a
record of the proceedings and that for such purpose, affected persons may need to insure
that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based. This notice does not constitute
consent by the Town for the introduction or admission into evidence of otherwise
inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not
otherwise allowed by law.
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