WEDNESDAY MARCH 21, 2001 7:00 P.M. COMMUNITY CENTER
*********************************************************************************************************************** CALL TO ORDER: MAYOR WILLE PLEDGE OF ALLEGIANCE: MAYOR WILLE I. APPROVAL OF MINUTES: JANUARY 10, 2001 SPECIAL MEETING JANUARY 17, 2001 WORKSHOP JANUARY 17, 2001 REGULAR MEETING FEBRUARY 6, 2001 WORKSHOP FEBRUARY 6, 2001 SPECIAL MEETING FEBRUARY 9, 2001 SPECIAL MEETING FEBRUARY 21, 2001 REGULAR MEETING II. NON-SCHEDULED CITIZEN COMMENTS (3-MINUTE LIMIT, PLEASE) Comments will be heard on items that do not appear on the agenda of this meeting. Note, however, that state law and administrative rules prevent the Town Commission from taking any formal action on any item discussed at this time. The Town Commission may schedule such items as regular agenda items and act upon them in the future. The Mayor is authorized to limit discussion, as necessary, with each commentary limited to 3 minutes. III. OLD BUSINESS: A. REVIEW OF TOWN?S CODE ENFORCEMENT POLICY (CODE ENFORCEMENT BOARD ATTORNEY MARK GAGER)(TABLED JANUARY 17, 2001) B. RESOLUTION NO. 655 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, ESTABLISHING A POLICY RELATING TO A NEIGHBORHOOD TRAFFIC MANAGEMENT AND CALMING PROGRAM FOR RESIDENTIAL PUBLIC STREETS; PROVIDING FOR AN EFFECTIVE DATE. (DEFERRED SEPTEMBER 20, 2000) IV. PUBLIC HEARING: A. RESOLUTION NO. 676 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO THE CREATION OF A BLUE RIBBON MUNICIPAL COMPLEX REVIEW AND ADVISORY COMMITTEE; MAKING FINDINGS, PROVIDING FOR THE ESTABLISHMENT, PURPOSE AND DUTIES OF SAID COMMITTEE; PROVIDING FOR APPOINTED MEMBERS AND TERMS; SETTING FORTH OFFICERS, RULES AND PROCEDURES; PROVIDING COMMITTEE DURATION; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT RESOLUTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. B. RESOLUTION NO. 677 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, RELATING TO THE CREATION OF A HISTORIC BUILDING PRESERVATION COMMITTEE; MAKING FINDINGS; PROVIDING FOR THE ESTABLISHMENT, PURPOSE AND DUTIES OF SAID COMMITTEE; PROVIDING FOR APPOINTED MEMBERS AND TERMS; SETTING FORTH OFFICERS, RULES AND PROCEDURES; PROVIDING COMMITTEE DURATION; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT RESOLUTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. C. RESOLUTION NO. 678 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA SUPPORTING THE CONSTRUCTION OF A CONVENTION CENTER AT THE MELBOURNE INTERNATIONAL AIRPORT; PROVIDING FOR AN EFFECTIVE DATE. V. NEW BUSINESS: A. CONSIDERATION OF AN APPOINTMENT TO THE VACANT TOWN COMMISSION SEAT - APPOINTEE TO SERVE UNTIL THE NOVEMBER GENERAL MUNICIPAL ELECTION B. TOWN ATTORNEY PAUL GOUGELMAN TO ADMINISTER OATH OF OFFICE TO NEWLY APPOINTED COMMISSIONER AT LARGE C. TOWN BOARD APPOINTMENTS, REAPPOINTMENTS & RESIGNATIONS D. STATUS REPORT ON RECEIPT OF A "PETITION TO AMEND THE CHARTER OF THE TOWN OF MELBOURNE BEACH TO PROHIBIT ANY FURTHER DEVELOPMENT WITHIN RYCKMAN PARK." E. APPROVAL OF MAYOR AND TOWN MANAGER'S ENDORSEMENT AND SUBMISSION OF AN APPLICATION TO THE STATE OF FLORIDA LAW ENFORCEMENT DEPARTMENT BLOCK GRANT PROGRAM IN THE AMOUNT OF $1,492.00 WITH A LOCAL MATCH OF $219.00 TO PURCHASE A COMPUTER AND MONITOR FOR POLICE OFFICER TRAINING. F. APPROVAL OF LAW ENFORCEMENT MUTUAL AID AGREEMENT BETWEEN THE BREVARD COUNTY SHERIFF, THE SCHOOL BOARD OF BREVARD COUNTY, THE MELBOURNE AIRPORT AUTHORITY, THE TOWN OF MELBOURNE BEACH AND OTHER PARTICIPATING MUNICIPALITIES WITHIN BREVARD COUNTY. G. APPROVAL OF AN INTERLOCAL AGREEMENT FOR DEBRIS REMOVAL FOLLOWING DISASTER EVENTS BETWEEN THE BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF MELBOURNE BEACH. VI. REPORTS A. TOWN BOARDS/COMMITTEES B. TOWN ATTORNEY C. TOWN MANAGER VII. TOWN COMMISSION ANNOUNCEMENTS, COMMENTS & REPORTS VII. ADJOURNMENT 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. |
MINUTES TOWN COMMISSION - REGULAR MEETING MARCH 21, 2001 A regular meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by Mayor Wille at 7:05 p.m. on Wednesday, March 21, 2001 in the Community Center. Mayor Wille also led the Pledge of Allegiance to the Flag. Present: Mayor Wille Vice Mayor Remark Commissioner Smith Commissioner Stacey Others Present: Town Manager Ciummo Town Attorney Gougelman Police Chief Walters Town Clerk Masny Approximately 50 citizens V. NEW BUSINESS: A. CONSIDERATION OF AN APPOINTMENT TO THE VACANT TOWN COMMISSION SEAT - APPOINTEE TO SERVE UNTIL THE NOVEMBER GENERAL MUNICIPAL ELECTION Mayor Wille read the names of those residents who submitted a letter of interest to be appointed to fill the vacant Town Commission seat until the November General Municipal Election. The citizens who submitted letters of interest introduced themselves to the Town Commission and stated why they would like to be appointed to the Town Commission. Those who submitted letters of interest are as follows: Jeanne Allen, Arthur Belefant, Paul Guglietta, Jan Futch Guilbeau, William Hoskovec, Susan Anne Stark and Sandy Wilson. Mayor Wille advised that the Town Commission will vote by ballot for their selection to fill the vacant Town Commission seat. Mayor Wille stated that round one (1) of voting will require each member of the Commission to select their choice to fill the seat, if any one person gets three (3) votes, that person serves until the November General Municipal Election. If someone is not selected in round one (1), round two (2) will be held where those individuals who received at least one (1) vote will be considered and this process will be continued until one (1) individual has received three (3) votes. The Town Commission voted in round one (1). Town Attorney Gougelman advised that each Commissioner must write their name on each ballot and the Town Clerk will need to read the ballots aloud. The Town Commission cast ballots for round one (1). Town Clerk Masny read the round one (1) ballots: Commissioner Stacy selected Sandy Wilson; Commissioner Smith selected Susan Anne Stark; Vice Mayor Remark selected Susan Anne Stark; and Mayor Wille selected Susan Anne Stark. (Ballots are Attachment #1) COMMISSIONER SMITH MOVED, SECOND COMMISSIONER STACEY THAT SUSAN ANNE STARK BE APPOINTED COMMISSIONER-AT-LARGE TO SERVE UNTIL THE NOVEMBER ELECTION. VOTE: ALL AYES. MOTION CARRIED. B. TOWN ATTORNEY PAUL GOUGELMAN TO ADMINISTER OATH OF OFFICE TO NEWLY APPOINTED COMMISSIONER AT LARGE Town Attorney Gougelman administered the Oath of Office to Susan Anne Stark the newly appointed Commissioner-At-Large. Commissioner Stark took her seat on the Town Commission III. OLD BUSINESS: A. REVIEW OF TOWN'S CODE ENFORCEMENT POLICY (CODE ENFORCEMENT BOARD ATTORNEY MARK GAGER)(TABLED JANUARY 17, 2001) Code Enforcement Board Attorney Mark Gager introduced himself as the code enforcement prosecuting attorney for the Town and answered questions of the Town Commission regarding the Board's policies and procedures. Attorney Gager advised that the Police Officers can conduct fact-finding missions and investigate, take pictures, encounter people and turn the information over to the Code Enforcement Board. Attorney Gager stated that the Police Officers have to work in conjunction with Code Enforcement. Attorney Gager stated that if violations are recurring on weekends, the Police Officers can note it and turn it over to code enforcement by taking pictures and writing up a description. The Town Commission thanked Attorney Gager for his presentation. IV. PUBLIC HEARING: A. RESOLUTION NO. 676 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO THE CREATION OF A BLUE RIBBON MUNICIPAL COMPLEX REVIEW AND ADVISORY COMMITTEE; MAKING FINDINGS, PROVIDING FOR THE ESTABLISHMENT, PURPOSE AND DUTIES OF SAID COMMITTEE; PROVIDING FOR APPOINTED MEMBERS AND TERMS; SETTING FORTH OFFICERS, RULES AND PROCEDURES; PROVIDING COMMITTEE 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. 676 by title. Mayor Wille stated that this resolution is a result of the decision by the Town Commission last month to create this committee to review the municipal complex plans, engage with the staff and consultants to review the community needs and offer suggestions regarding the municipal complex. Mayor Wille opened the public hearing for comments regarding Resolution No. 676. There were no public comments. COMMISSIONER STACEY MOVED, SECOND VICE MAYOR REMARK TO APPROVE RESOLUTION NO. 676 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO THE CREATION OF A BLUE RIBBON MUNICIPAL COMPLEX REVIEW AND ADVISORY COMMITTEE; MAKING FINDINGS, PROVIDING FOR THE ESTABLISHMENT, PURPOSE AND DUTIES OF SAID COMMITTEE; PROVIDING FOR APPOINTED MEMBERS AND TERMS; SETTING FORTH OFFICERS, RULES AND PROCEDURES; PROVIDING COMMITTEE DURATION; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT RESOLUTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. VOTE: ALL AYES. MOTION CARRIED. V. NEW BUSINESS: C. TOWN BOARD APPOINTMENTS, REAPPOINTMENTS & RESIGNATIONS Mayor Wille stated that the next step will be to appoint the members to the Blue Ribbon Municipal Complex Review and Advisory Committee. Town Manager Ciummo reviewed her recommendation as to how the committee might be organized and tasks assigned to the Committee. Vice Mayor Remark pointed out that the members of this committee will be under the Sunshine Law and asked Town Attorney Gougelman if they will be required to file a financial disclosure statement? Town Attorney Gougelman stated that he did not know, but they may not be required to. Commissioner Stark advised that she has not had a chance to review the applications and requested a recess and requested that her name be removed from the Committee nominations. Town Attorney Gougelman advised that Commissioner Stark is required to vote on this issue. Mayor Wille called for a recess at 8:03 p.m. to allow Commissioner Stark to review the applications for appointments to the Blue Ribbon Municipal Complex Review and Advisory Committee. Mayor Wille called the Town Commission regular meeting back to order at 8:20 p.m. Mayor Wille stated that there are 16 individuals who have applied for filling the positions on this committee and there will be 7 regular and 2 alternate members appointed. Mayor Wille thanked all of the individuals who requested to be appointed to this committee and requested that the applicants introduce themselves. The applicants were introduced as follows: Mike Abdon, Chuck Baird, Arthur Belefant, Mark Crispen, Bill Dally, Robert Gauthier, Letitia Langord, Scott McLachlan, Donnie Price, Sr., Mike Schram, Jim Stark, John Steiner, Frank Thomas, Steve Walters and Christopher Whelpley. Mayor Wille stated that at this time, each Commissioner will select seven (7) members for the Committee and it will be reported how the members are ranked and if there is a tie for the final positions, the Town Commission will do another round. The highest number of votes will get the seven (7) positions and the alternates will be selected afterwards. Town Clerk Masny collected the ballots from the Town Commission for round one (1). Town Attorney Gougelman stated that Mayor Wille voted for: Chuck Baird, Mark Crispen, Bill Dally Robert Gauthier, Scott McLachlan, Donnie Price, Sr. and Christopher Whelpley. Commissioner Stacey voted for: Chuck Baird, Mark Crispen, Bill Dally, Robert Gauthier, Donnie Price, Sr., Mike Schram and Christopher Whelpley. Commissioner Smith voted for: Chuck Baird, Mark Crispen, Bill Dally, Robert Gauthier, Letitia Langord, Mike Schram and Steve Walters. Commissioner Stark voted for: Chuck Baird, Mark Crispen, Bill Dally, Letitia Langord, Scott McLachlan, Mike Schram and Christopher Whelpley. Vice Mayor Remark voted for Mark Crispen, Letitia Langord, Scott McLachlan, Donnie Price, Sr., Mike Schram, Jim Stark and Christopher Whelpley. Town Attorney Gougelman stated that in the first round of voting, there are five (5) people who are clearly on the committee and then there is a 4-way tie for the last 2 regular member positions. The five receiving the most votes are as follows: Mark Crispen, 5 votes; Chuck Baird, 4 votes; Bill Dally, 4 votes; Mike Schram, 4 votes; and Christopher Whelpley, 4 votes. Town Attorney Gougelman stated that there are 2 more positions to fill, plus 2 alternate positions. Town Attorney Gougelman stated that 4 people received 3 votes each and they are as follows: Robert Gauthier, Leitita Langord, Scott McLachlan and Donnie Price, Sr. Mayor Wille stated that round two (2) is to fill the 2 position remaining on the Committee out of those who received any votes at all, which there are 4 people: Robert Gauthier, Letitia Langord, Scott McLachlan and Donnie Price, Sr. Mayor Wille requested that each Commissioner vote for 2 out of the 4. Town Attorney Gougelman stated that in Round 2 of voting, Mayor Wille voted for Scott McLachlan and Donnie Price, Sr.; Vice Mayor Remark voted for Scott McLachlan and Donnie Price, Sr.; Commissioner Smith voted for Robert Gauthier and Letitia Langord; Commissioner Stacey voted for Robert Gauthier and Donnie Price Sr.; and Commissioner Stark voted for Leitita Langord and Scott McLachlan. Town Attorney stated that the top 2 votes went to Scott McLachlan and Donnie Price, Sr Mayor Wille stated that round three (3) will be to appoint the Alternate #1 and Alternate #2 positions on the Committee. Mayor Wille stated that of the 2 remaining candidates, Robert Gauthier and Letitia Langord the Commission should vote for 1, which will be Alternate #1 and the remaining will be Alternate #2. Town Attorney Gougelman stated that Round 3 of voting is as follows: Mayor Wille voted for Robert Gauthier; Vice Mayor Remark voted for Letitia Langord; Commissioner Smith voted for Leitita Langord; Commissioner Stacey voted for Robert Gauthier; and Commissioner Stark voted for Robert Gauthier. Town Attorney Gougelman stated that Robert Gauthier will be Alternate #1 and Leitita Langord will be Alternate #2. Town Attorney Gougelman stated that the ballots are public record and will be available for review. At this time, Robert Gauthier requested that Leitita Langord be Alternate #1 and that he be Alternate #2. (Ballots are Attachment #2). COMMISSIONER STACEY MOVED, SECOND VICE MAYOR REMARK THAT LETITIA LANGORD BE ALTERNATE #1 AND ROBERT GAUTHIER BE ALTERNATE #2 AS REQUESTED. VOTE: ALL AYES. MOTION CARRIED. Mayor Wille stated that there needs to be a liaison on the Blue Ribbon Committee from the Town Commission. COMMISSIONER SMITH MOVED, SECOND COMMISSIONER STACEY THAT COMMISSIONER STARK BE THE TOWN COMMISSION LIAISON TO THE BLUE RIBBON MUNICIPAL COMPLEX REVIEW AND ADVISORY COMMITTEE. VOTE: ALL AYES. MOTION CARRIED. COMMISSIONER STACEY MOVED, SECOND COMMISSIONER STARK THAT THE TOWN COMMISSION APPROVE THE TOWN MANAGER?S RECOMMENDATIONS: THE TOWN MANAGER TO COORDINATE A MEETING DATE AND AGENDA WITH THE TOWN CLERK; THE TOWN CLERK TO WRITE LETTERS TO MEMBERS SELECTED WITH THE DATE AND AGENDA FOR THE FIRST MEETING; AND THAT THE TOWN COMMISSION AUTHORIZE THE SERVICES OF JACK ROOD TO WORK WITH THE COMMITTEE AS NEEDED. VOTE: ALL AYES. MOTION CARRIED. Mayor Wille stated that Donald Kenney has applied to serve another term on the Code Enforcement Board and the appointment will be for a three (3) year term. COMMISSIONER SMITH MOVED, SECOND COMMISSIONER STACEY TO REAPPOINT DONALD KENNEY TO THE CODE ENFORCEMENT BOARD WITH A TERM MARCH 21, 2001 THROUGH MARCH 21, 2004. VOTE: ALL AYES. MOTION CARRIED. Mayor Wille requested that the minutes be approved at the end of the meeting. II. NON-SCHEDULED CITIZEN COMMENTS Arthur Belefant, 305 Oak Street stated that he received a notice in his mail on Friday in his newsletter regarding the Town Commission appointment and suggested that the Town put announcements on E-mail to those who sign up for this service. Mayor Wille requested that this process be investigated. Town Attorney Gougelman stated that if people disclose their E-mail address to the Town, it becomes a public record and anyone can come in and buy a list of these names. Dorothy Rodriguez, 407 Third Avenue commented that it is clear that renovations to the current building are needed and advised that she is opposed to the current plan regarding the Town spending this amount of money without a referendum. Ms. Rodriguez requested that the Town Commission and Blue Ribbon Committee consider all options to rectify the situation, including returning the bond money or reallocating it in a modest plan. Lauren Hardman, 320 Sixth Avenue thanked the Town Commission for all their hard work making sure all the proper steps have been taken regarding the municipal complex plan. Debbie Raymond, 321 Second Avenue commented that the Town can have residents go to the Town's site to register their E-mail addresses, which eliminates the data entry III. OLD BUSINESS: B. RESOLUTION NO. 655 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, ESTABLISHING A POLICY RELATING TO A NEIGHBORHOOD TRAFFIC MANAGEMENT AND CALMING PROGRAM FOR RESIDENTIAL PUBLIC STREETS; PROVIDING FOR AN EFFECTIVE DATE. (DEFERRED SEPTEMBER 20, 2000) Town Attorney Gougelman read Resolution No. 655 by title. Mayor Wille stated that this policy has been before the Town Commission several times and asked Town Manager Ciummo to synopsize the resolution and attachments. Town Manager Ciummo stated that the Town Commission amended the Town Code to allow an opportunity of adopting a uniform traffic calming policy and this policy will be incorporated into our procedures manual. This policy will help the Town set forth a procedure to address citizens? requests about traffic problems. Town Manager Ciummo reviewed the traffic calming methods outlined in the policy with the Town Commission. Town Manager Ciummo reported that the application and flow chart are not included in this policy, but will be added. Mayor Wille stated that on Page 62, letter d., the word, 'time' should be 'Town' and on Page 63, under 2.a., some of the items are repeated, delete what is repeated in this section. Mayor Wille opened the meeting to comments from the pubic regarding Resolution 655. Sandy Wilson, 410 Sunset Boulevard commented that on Pages 61 and 62, Policy 19.04 states that the Police Chief is the traffic engineer and further down in section 30-1(b) he becomes the Town engineer. Town Manger Ciummo stated that the Police Chief is responsible for traffic control and enforcing the traffic measures in Town, and, as it relates to redesign of roadways or a physical altering of the road this would be the Town Traffic Engineer. It was discussed that Highway A1A is not interpreted as a residential street. Mike King, 1401 Oak Street stated that he would volunteer his time to help with any needed citizen input regarding addressing any concerns the policy may pose. There being no further public comment regarding Resolution 655, Mayor Wille closed the public comments. Commissioner Stacey commented that in Levels 3 and 4 of the policy, bumps and ripples in the road are discussed. Commissioner Stacey voiced his dismay of any bumps or ripples in the roadway as they relate to emergency vehicles, such as ambulances. COMMISSIONER STACEY MOVED, SECOND VICE MAYOR REMARK TO APPROVE RESOLUTION NO. 655 AS AMENDED ON PAGE 62, LETTER d., THE WORD, 'TIME' BE CHANGED TO 'TOWN' AND ON PAGE 63, UNDER 2.a., DELETE ITEMS WHICH ARE REPEATED. A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, ESTABLISHING A POLICY RELATING TO A NEIGHBORHOOD TRAFFIC MANAGEMENT AND CALMING PROGRAM FOR RESIDENTIAL PUBLIC STREETS; PROVIDING FOR AN EFFECTIVE DATE. VOTE: ALL AYES. MOTION CARRIED. IV. PUBLIC HEARING: B. RESOLUTION NO. 677 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, RELATING TO THE CREATION OF A HISTORIC BUILDING PRESERVATION COMMITTEE; MAKING FINDINGS; PROVIDING FOR THE ESTABLISHMENT, PURPOSE AND DUTIES OF SAID COMMITTEE; PROVIDING FOR APPOINTED MEMBERS AND TERMS; SETTING FORTH OFFICERS, RULES AND PROCEDURES; PROVIDING COMMITTEE 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. 677 by title. Sheryl Alberga, 406 Avenue A, Chairman of the Historic Building Preservation Committee requested that the Town Commission amend the resolution under Section 1. (a) on Page 2 to rename the Committee to ?Williams Building Committee? as this is how they have submitted reports to Brevard County. Chairman Alberga requested that the Town Commission officially appoint the following members to the committee: Gail Seidler, Laurie Simmons, Ann Downing, Betsy Baird, Jeanne Allen, Nancy Ciummo as liaison and herself. VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STACEY TO APPROVE RESOLUTION NO. 677 AS AMENDED TO NAME THE COMMITTEE TO BE THE WILLIAMS BUILDING AD HOC COMMITTEE AND THE TOWN COMMISSION APPOINTS: SHERYL ALBERGA, GAIL SEIDLER, LAURIE SIMMONS, ANN DOWNING, BETSY BAIRD, JEANNE ALLEN, AND NANCY CIUMMO AS LIAISON AS MEMBERS OF THE WILLIAMS BUILDING AD HOC COMMITTEE. A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, RELATING TO THE CREATION OF A HISTORIC BUILDING PRESERVATION COMMITTEE; MAKING FINDINGS; PROVIDING FOR THE ESTABLISHMENT, PURPOSE AND DUTIES OF SAID COMMITTEE; PROVIDING FOR APPOINTED MEMBERS AND TERMS; SETTING FORTH OFFICERS, RULES AND PROCEDURES; PROVIDING COMMITTEE DURATION; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT RESOLUTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. VOTE: ALL AYES. MOTION CARRIED. Mayor Wille requested that this Committee focus on the Williams Building until the work is complete, and in the future possibly these members may also be the Town's Historical Preservation Committee, an ongoing Committee. Mayor Wille announced that he was advised today that the Town received funding of the historical grant for the Community Center renovations. C. RESOLUTION NO. 678 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA SUPPORTING THE CONSTRUCTION OF A CONVENTION CENTER AT THE MELBOURNE INTERNATIONAL AIRPORT; PROVIDING FOR AN EFFECTIVE DATE. Town Attorney Gougelman read Resolution No. 678 by title. Mayor Wille stated that the Airport Authority has requested that the Town support this resolution. Mayor Wille asked Town Manager Ciummo if she knows if any other city has passed this resolution? Town Manager Ciummo advised that she did not know. Mayor Wille asked to table this resolution until the Town has been notified that other cities support it. Town Attorney Gougelman advised that the City of Melbourne has passed this resolution. Mayor Wille stated that he feels there is great opportunity to have a convention center at the Melbourne Airport because it will be a great economic and cultural benefit to this area. Mayor Wille opened the public hearing for comments regarding Resolution No. 678. Xochitl Ross, 1106 Atlantic Street stated that she does not see the benefits of a convention center in Brevard County. Mayor Wille stated that Melbourne is developing into an area with high-tech corporate locations and explained the benefits of a convention center in this area. COMMISSIONER STACEY MOVED, SECOND COMMISSIONER SMITH TO APPROVE RESOLUTION NO. 678, A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA SUPPORTING THE CONSTRUCTION OF A CONVENTION CENTER AT THE MELBOURNE INTERNATIONAL AIRPORT; PROVIDING FOR AN EFFECTIVE DATE. VOTE: ALL AYES. MOTION CARRIED. V. NEW BUSINESS: D. STATUS REPORT ON RECEIPT OF A "PETITION TO AMEND THE CHARTER OF THE TOWN OF MELBOURNE BEACH TO PROHIBIT ANY FURTHER DEVELOPMENT WITHIN RYCKMAN PARK." Town Manager Ciummo stated that the Town received a letter dated March 16, 2001 from the Brevard County Supervisor of Election?s office. Town Attorney Gougelman stated that the petitions that were submitted to the Town were turned over to the Supervisor of Elections to verify the signatures and the Supervisor of Elections, last Friday, made the determination that they were not going to check the petitions? signatures because they felt the petitions did not meet the requirements of law. Town Attorney Gougelman stated that respectfully, he disagrees with this position because he has been in contact with the Secretary of State's office and has talked with the general counsel and at first, the information we were getting from the Supervisor of Elections office was that the petitions need to be dated, they have to have the precinct and voter registration numbers, with a complete address per state law. Town Attorney Gougelman stated that in talking with Christie Bronson, who is in the general counsel?s office in Tallahassee, she is unable to find where these requirements are and that he is advised that the Supervisor of Election?s office relied on a pamphlet that is prepared by the Secretary of State?s office and it makes no citations to state law in it, and, according to the Secretary of State's office, it is to be used for the circulating of petitions for amendments to the State Constitution. Town Attorney Gougelman stated that he has not talked to anyone at the Supervisor of Election?s office, but advised, that the Secretary of State?s office did talk directly with the Supervisor of Election?s office about this and, from what he understands they thoroughly disagreed with each other on what the law states. Town Attorney Gougelman stated that the Supervisor of Election?s Office looked at the Town Charter and made their interpretation and Town Attorney Gougelman stated that he also disagrees with their interpretation. Town Attorney Gougelman stated that he has not completed his research on this, but, feels he would disagree with the Supervisor of Election?s interpretation. Town Attorney Gougelman stated that, based on this letter, the Supervisor of Election?s Office is not going to check the petition signatures, the Town Commission has the ability to investigate the situation further, and, if it desires can put the issue on the ballot. Town Attorney Gougelman stated that the Town Commission can either wait for further research and a further report from me or not. Mayor Wille asked Betsy Baird to comment on this. Betsy Baird stated that the committee's legal advisor got in touch with the Town Attorney and was sent the appropriate information for this situation and the committee went about with the petitions. Town Attorney Gougelman stated that Jim Beadle did contact him and ask for a petition form, and was supplied with one that was used citizens in the City of Melbourne to amend the Charter, which ironically was accepted by the Supervisor of Election's office without any problem. Town Attorney Gougelman stated that he told Attorney Beadle that there was no guarantee as to the correctness of that petition, but, that it had been used before and may have been used in Indialantic as well. Town Attorney Gougelman stated that he thinks the world of Fred Galey and the Supervisor of Election's office, but, does not think they have any business interpreting the Town Charter, it?s not in their purview, and, the Secretary of State?s office seems to have some disagreement with them regarding what the purview of the law is with regard to petitions to amend Charters. At this time, Ms. Baird asked the Town Commission how they feel about developing the park because she heard it said once at a meeting by Mayor Wille and Commissioner Stacey that they did not want to develop the park. Ms Baird stated that she would like a follow-up on this and asked if she could get this in writing. Ms. Baird asked if the Blue Ribbon Committee can consider, as a given, that Ryckman Park is not under consideration for development and that the park is off limits? Ms. Baird asked Town Attorney Gougelman what the committee can do to correct the mistake in the petition and what action the Town can take now to insure that the park is safe for the future? Mayor Wille stated that the Town has just created a committee which will come back with recommendations on how to resolve the issues of the municipal complex plan. Mayor Wille asked if the committee should not be allowed to proceed with this process? Mayor Wille stated that his feelings are the same as he stated the other evening, I do not think we are going into the park. Mayor Wille stated that the Town could move on with this process without the committee, but, we stated as a goal, we are going to have a citizen's committee to look at this and would be surprised if they come back with a recommendation that impacts the park area. Mayor Wille stated that his question is how do they do this with the budget the Town established that would not raise taxes, and is fiscally feasible within the current budget structure of the Town? Mayor Wille suggested that the Town let the committee come up with a solution to the municipal complex plan issues. Ms. Baird asked Town Attorney Gougelman what can be done to correct the petition? Town Attorney Gougelman stated that it is not clear to him what the basis is of the determination was not to accept the ballots. Ms. Baird asked if there is anything the Town Commission can do to protect the park for the future? Town Attorney Gougelman stated that the Town Commission could put the issue on the ballot. Commissioner Stacey advised Ms. Baird that she has his support for no construction in the park and stated that it is only fair that the Town wait on the report from the Blue Ribbon Committee. Vice Mayor Remark stated that she also believes the Blue Ribbon Committee should have the opportunity to finish its review and make its recommendations to the Town Commission. Commissioner Stark stated that she feels the efforts made by the Save Our Park Committee have resulted in this committee of citizens that shows there should have been more citizen involvement before. Commissioner Stark stated that she is looking forward to working with this Committee and hopes the Committee comes back with the results the Town is looking for. E. APPROVAL OF MAYOR AND TOWN MANAGER'S ENDORSEMENT AND SUBMISSION OF AN APPLICATION TO THE STATE OF FLORIDA LAW ENFORCEMENT DEPARTMENT BLOCK GRANT PROGRAM IN THE AMOUNT OF $1,492.00 WITH A LOCAL MATCH OF $219.00 TO PURCHASE A COMPUTER AND MONITOR FOR POLICE OFFICER TRAINING. Mayor Wille stated that this was discussed at a previous meeting on March 8, 2001 and the Town Commission needs to ratify its previous decision. COMMISSIONER STACEY MOVED, SECOND VICE MAYOR REMARK TO APPROVE THE MAYOR AND TOWN MANAGER'S ENDORSEMENT AND SUBMISSION OF AN APPLICATION TO THE STATE OF FLORIDA LAW ENFORCEMENT DEPARTMENT BLOCK GRANT PROGRAM IN THE AMOUNT OF $1,492.00 WITH A LOCAL MATCH OF $219.00 TO PURCHASE A COMPUTER AND MONITOR FOR POLICE OFFICER TRAINING. VOTE: ALL AYES. MOTION CARRIED. F. APPROVAL OF LAW ENFORCEMENT MUTUAL AID AGREEMENT BETWEEN THE BREVARD COUNTY SHERIFF, THE SCHOOL BOARD OF BREVARD COUNTY, THE MELBOURNE AIRPORT AUTHORITY, THE TOWN OF MELBOURNE BEACH AND OTHER PARTICIPATING MUNICIPALITIES WITHIN BREVARD COUNTY. Mayor Wille asked Police Chief Walters if he wanted to add any more information regarding this agreement other than what he submitted in the agenda package? Chief Walters indicated that he did not. COMMISSIONER STACEY MOVED, SECOND VICE MAYOR REMARK TO APPROVE THE LAW ENFORCEMENT MUTUAL AID AGREEMENT BETWEEN THE BREVARD COUNTY SHERIFF, THE SCHOOL BOARD OF BREVARD COUNTY, THE MELBOURNE AIRPORT AUTHORITY, THE TOWN OF MELBOURNE BEACH AND OTHER PARTICIPATING MUNICIPALITIES WITHIN BREVARD COUNTY. VOTE: ALL AYES. MOTION CARRIED. G. APPROVAL OF AN INTERLOCAL AGREEMENT FOR DEBRIS REMOVAL FOLLOWING DISASTER EVENTS BETWEEN THE BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF MELBOURNE BEACH. Town Manager Ciummo stated that the County has been looking into the idea of contracting with a subcontractor to come in and back up our local hauler?s ability to clean up the Town after a disaster event. Town Manager Ciummo advised that the County has contracted with two (2) companies for this and we need to amend our interlocal agreement. Mayor Wille asked Town Attorney Gougelman if this agreement has been presented to any of the other municipalities he represents? Town Attorney Gougelman stated that under Florida law, any interlocal agreement is not effective until it has been filed in the Clerk of the Court?s Office and recommended that the Town record the original executed copy interlocal agreement and an original executed copy of the amendment be recorded in the public records of Brevard County. Town Attorney Gougelman stated that other municipalities acknowledge the need for this service. COMMISSIONER STACEY MOVED, SECOND COMMISSIONER SMITH TO APPROVE AN INTERLOCAL AGREEMENT FOR DEBRIS REMOVAL FOLLOWING DISASTER EVENTS BETWEEN THE BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF MELBOURNE BEACH AND THAT THE ORIGINAL EXECUTED COPY OF THE INTERLOCAL AGREEMENT AND AN ORIGINAL EXECUTED COPY OF THE AMENDMENT BE RECORDED IN THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. VOTE: ALL AYES. MOTION CARRIED. VI. REPORTS A. TOWN BOARDS/COMMITTEES Betsy Baird of the Parks Board stated that the Board has discussed asking permission from the Town to have a painting made of the bay tree in Ryckman Park before it is cut down. Ms. Baird stated that she has requested a local artist, Joyce Warner paint a picture of the bay tree. Mayor Wille advised that the tree has been inspected by professionals and the Town has been advised that the tree is old and is dying. Ms. Baird stated that the Garden Club has discussed that the Town use xeroscape for ground cover in the parks. Vice Mayor Remark stated that in the 1980's the Town was advised of artificial ways to keep this tree by using concrete and rebar to preserve it. Town Manager Ciummo stated that the Public Works Superintendent advised that if he clears away everything that is dead, there won't be much tree left. Mayor Wille asked if the Town can rope the tree off to allow time to look at options. Ms. Baird asked that base be preserved for the children to climb on. Ms. Baird agreed that she does not want to see the tree cut down at the present time. Martha Russo reported that the Environmental Advisory Board is in the process of preparing the forms for bidding the boardwalk project at Loggerhead Park Preserve. Ms. Russo reported that the new plants are doing well at the present time and the Board will have a table at the Founder?s Day events by the Indian River Lagoon plaques to bring attention to them. B. TOWN ATTORNEY There was no Town Attorney report C. TOWN MANAGER Town Manager Ciummo reported that the FDOT Enhancement grant has been increased to about $250,000. Town Manager Ciummo reported that Dick Martins of Brevard County advised that the plans for the forced main are completed and there will be a meeting in Indialantic on April 2, 2001 at 1:30 p.m. and the Town Engineer will attend this meeting. I. APPROVAL OF MINUTES: JANUARY 10, 2001 SPECIAL MEETING JANUARY 17, 2001 WORKSHOP JANUARY 17, 2001 REGULAR MEETING FEBRUARY 6, 2001 WORKSHOP FEBRUARY 6, 2001 SPECIAL MEETING FEBRUARY 9, 2001 SPECIAL MEETING FEBRUARY 21, 2001 REGULAR MEETING COMMISSIONER SMITH MOVED, SECOND COMMISSIONER STACEY TO TABLE THE APPROVAL OF THE MINUTES OF JANUARY 10, 2001 SPECIAL MEETING, JANUARY 17, 2001 WORKSHOP, JANUARY 17, 2001 SPECIAL MEETING, FEBRUARY 6, 2001 WORKSHOP, FEBRUARY 6, 2001 SPECIAL MEETING, FEBRUARY 9, 2001 SPECIAL MEETING AND FEBRUARY 21, 2001 REGULAR MEETING UNTIL THE NEXT REGULAR MEETING. VOTE: ALL AYES. MOTION CARRIED. VII. TOWN COMMISSION ANNOUNCEMENTS, COMMENTS & REPORTS Mayor Wille requested that Marilyn Crotty hold the goals workshop with the Town Commission and the Town Commission discussed holding this workshop during the month of May. Commissioner Stacey reported that at the last Board of Directors meeting of the Space Coast League of Cities someone had told him that the grant for the boardwalk is a done deal if there are no problems. Vice Mayor Remark reported that she has been reappointed to the Beach Improvement Committee for the Tourist Development Council. Commissioner Smith reported that she has not received a copy of the Town Manager's contract. Mayor Wille stated that the contract has not been signed as of yet. Town Manager Ciummo stated that she has a problem with an indemnification clause and this is being checked out, but, does not anticipate this being a problem. Mayor Wille stated that if there is a problem, he will bring the contract back to the Town Commission. Commissioner Stark asked if it is possible to have a copy of some of the Town Commission meeting packet available for members of the public at the meetings. Town Manager Ciummo stated that it would be appropriate to have copies of the resolutions and ordinances available to be reviewed. Commissioner Stark requested that the Town Commission follow the three R's when dealing with the public and each other: Reasonable, Responsible and Respectful. Mayor Wille reported that there was no budget information in the meeting packet. Town Manager Ciummo stated that it came in Monday and she had intended to distribute it Monday evening. Mayor Wille stated that there has been discussion about this financial service and the Town Commission cannot keep track of the finances if these reports are not available. After a discussion regarding finance services for the Town, Mayor Wille stated that he would like to have on the agenda next month discussion of options with regarding to financial reporting and financial procedures. Mayor Wille asked Town Manager Ciummo to find out the status of the County's Parks grant because the last he knew they would be available March 1, 2001 and the available funds were $75,000. Town Manager Ciummo stated that if any of the Town Commission members have any issues, she would appreciate it if they would come in and talk with her about them. VII. ADJOURNMENT COMMISSIONER STACEY MOVED, SECOND VICE MAYOR REMARK TO ADJOURN. VOTE: ALL AYES. MOTION CARRIED. The regular meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 11:15 p.m. ________________________________________ ROBERT D. WILLE, MAYOR ________________________________________ 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. |