WEDNESDAY November 15, 2000 7:00 P.M. COMMUNITY CENTER ****************************************************************************************************************************** CALL TO ORDER MAYOR WILLE PLEDGE OF ALLEGIANCE MAYOR WILLE |
I. APPROVAL OF MINUTES: OCTOBER 12, 2000 WORKSHOP OCTOBER 18, 2000 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. NEW BUSINESS: A. CERTIFICATION OF RESULTS OF NOVEMBER 7, 2000 GENERAL MUNICIPAL ELECTION B. TOWN ATTORNEY PAUL GOUGELMAN TO ADMINISTER OATH OF OFFICE AND PRESENT CERTIFICATE OF ELECTION TO COMMISSIONERS CONNIE SMITH AND BRADFORD D. BETTEN C. SELECTION OF A VICE MAYOR TO SERVE UNTIL NOVEMBER 2001 IV. PUBLIC HEARING A. RESOLUTION NO. 671 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA SUPPORTING THE BREVARD METROPOLITAN PLANNING ORGANIZATION'S REQUEST THAT THE FLORIDA LEGISLATURE AND FLORIDA DEPARTMENT OF TRANSPORTATION ALLOCATE ADDITIONAL REVENUE TO WIDEN INTERSTATE 95 TO SIX LANES THROUGHOUT BREVARD COUNTY; PROVIDING AN EFFECTIVE DATE. (MAYOR WILLE) B. RESOLUTION NO. 672 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA SUPPORTING THE BREVARD METROPOLITAN PLANNING ORGANIZATION'S REQUEST TO THE FLORIDA LEGISLATURE TO AMEND THE TRANSPORTATION 'PREVAILING PRINCIPLES' TO INCLUDE ADDRESSING URBAN CONGESTION; PROVIDING AN EFFECTIVE DATE. (MAYOR WILLE) V. OTHER BUSINESS: DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF THE FOLLOWING WORK ORDERS AND GRANT PROGRAMS: A. FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS: EMERGENCY MANAGEMENT, PREPAREDNESS AND ASSISTANCE TRUST FUND: 1. AUTHORIZE THE MAYOR TO APPROVE A RESOLUTION AUTHORIZING THE TOWN MANAGER TO SUBMIT A JOINT APPLICATION WITH SATELLITE BEACH, INDIAN HARBOUR BEACH AND INDIALANTIC TO APPLY FOR A GRANT TO PURCHASE A CATCH BASIN CLEANER, PROVIDING FOR MATCHING FUNDS. 2. APPROVE A WORK ORDER FOR CAPE CANAVERAL SCIENTIFIC TO PREPARE FOUR GRANT APPLICATIONS FOR PROJECTS LISTED IN THE BREVARD COUNTY SPACE COAST HAZARD MITIGATION PLAN. 3. AUTHORIZE THE MAYOR TO APPROVE A RESOLUTION AUTHORIZING THE TOWN MANAGER TO SUBMIT APPLICATIONS WHICH WILL PROVIDE FUNDING TO COORDINATE WITH ELIGIBLE ENVIRONMENTAL GRANT PROJECTS INCLUDED IN THE HAZARD MITIGATION PLAN AND FOR STORM SHUTTERS FOR THE MUNICIPAL COMPLEX, PROVIDING FOR MATCHING FUNDS B. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT - STORMWATER MANAGEMENT PROJECTS COST-SHARE PROGRAM: 1. APPROVE A WORK ORDER FOR CAPE CANAVERAL SCIENTIFIC TO PREPARE TWO (2) GRANT APPLICATIONS FOR MATCHING FUNDS REQUIRED TO COMPLETE THE ANCHOR/PELICAN KEY BAFFLE BOX PROJECT AND THE OBTAIN FUNDING TO PREPARE A STORMWATER MASTER PLAN. ($5,270) 2. AUTHORIZE THE MAYOR TO APPROVE A RESOLUTION AUTHORIZING THE TOWN MANAGER TO SUBMIT AN APPLICATION FOR THE ANCHOR/PELICAN KEY PROJECT AND FOR THE PREPARATION OF A STORMWATER MASTER PLAN C. REVIEW AND APPROVAL OF AN AGREEMENT WITH CREECH ENGINEERING, INC. FOR SERVICES FOR PROPOSED PELICAN KEY AND ANCHOR KEY BAFFLE BOXES. ($24,818.50) VI. REPORTS A. TOWN BOARDS/COMMITTEES B. TOWN ATTORNEY C. TOWN MANAGER VII. TOWN COMMISSION ANNOUNCEMENTS, COMMENTS & REPORTS VIII. 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 November 15, 2000 A regular meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by Mayor Wille at 7:02 p.m. on Wednesday November 15, 2000 in the Community Center. Mayor Wille also led the Pledge of allegiance to the flag. Present: Mayor Wille Vice Mayor Betten Commissioner Remark Commissioner Smith Commissioner Stacey Others Present: Town Attorney Gougelman Town Manager Ciummo Police Chief Walters Town Clerk Masny |
I. APPROVAL OF MINUTES: OCTOBER 12, 2000 WORKSHOP OCTOBER 18, 2000 REGULAR MEETING COMMISSIONER STACEY MOVED, SECOND COMMISSIONER SMITH TO APPROVE THE MINUTES OF OCTOBER 12, 2000 WORKSHOP AND OCTOBER 18, 2000 REGULAR MEETING AS WRITTEN. VOTE: ALL AYES. MOTION CARRIED II. NON-SCHEDULED CITIZEN COMMENTS (3-MINUTE LIMIT, PLEASE) Mrs. Darling, 421 Sixth Avenue asked what the status of the ordinance concerning bed and breakfasts being run in the residential areas of Melbourne Beach? Mayor Wille stated that normally a resident can call Town Hall and ask the Town Manager a question such as this, but, it will be addressed shortly in the meeting. Donald Kenney, 405 Sunset Boulevard thanked the Town Commission for the volunteer appreciation picnic. Mr. Kenney advised that he met with the Town Manager and Police Chief and requested that signs be placed on Highway A1A at the entrance to Melbourne Beach and the streets mostly affected by cut-through traffic. Mr. Kenney advised that the sign should state, "cut through traffic is illegal $90 fine." The Town Commission advised Mr. Kenney that the traffic calming policy will be on the agenda for adoption next month. Mayor Wille asked Town Attorney Gougelman to give a status report on the short-term rental ordinance. Town Attorney Gougelman advised that with the exception of one (1) outstanding point, he has completed all of the research on the ordinance and has learned that there are very few cases on the legality of constitutionality of this type of ordinance. Town Attorney Gougelman reported that the City of Cape Canaveral had a case litigated in Brevard County Circuit Court about nine (9) years' ago and he has requested a copy of the court's order. Town Attorney Gougelman advised that the next step will be to draft the ordinance, take it to the Planning and Zoning Board/Local Planning Agency for public hearing and they will make recommendations to the Town Commission. Town Attorney Gougelman advised that this ordinance will restrict short-term rentals in the single-family zoning districts. John Steiner, 318 Avenue B stated that the Town Attorney mentioned an ordinance in Cape Canaveral which was litigated and asked if Cape Canaveral still has the ordinance? Town Attorney Gougelman advised that Cape Canaveral still has an ordinance on the books which restricts rentals of seven (7) days or less. A gentleman who identified himself as Philip of 400 Atlantic Street stated that the Town needs an ordinance against rentals of single-family homes if there is not one currently. III. NEW BUSINESS: A. CERTIFICATION OF RESULTS OF NOVEMBER 7, 2000 GENERAL MUNICIPAL ELECTION COMMISSIONER STACEY MOVED, SECOND COMMISSIONER REMARK THAT THE TOWN ACKNOWLEDGE THE CERTIFICATE FROM THE COUNTY CANVASSING BOARD OF THE NOVEMBER 7, 2000 GENERAL MUNICIPAL ELECTION. VOTE: ALL AYES. MOTION CARRIED. B. TOWN ATTORNEY PAUL GOUGELMAN TO ADMINISTER OATH OF OFFICE AND PRESENT CERTIFICATE OF ELECTION TO COMMISSIONERS CONNIE SMITH AND BRADFORD D. BETTEN Town Attorney Gougelman administered the Oath of Office and presented Certificates of Election to Commissioners Connie Smith and Bradford D. Betten. C. SELECTION OF A VICE MAYOR TO SERVE UNTIL NOVEMBER 2001 COMMISSIONER SMITH MOVED, SECOND VICE MAYOR BETTEN THAT COMMISSIONER REMARK SERVE AS VICE MAYOR UNTIL NOVEMBER 2001. VOTE: ALL AYES. MOTION CARRIED Mayor Wille requested a recess to allow for congratulations and refreshments for a brief celebration. The meeting recessed from 7:26 p.m. until 7:45 p.m. IV. PUBLIC HEARING A. RESOLUTION NO. 671 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA SUPPORTING THE BREVARD METROPOLITAN PLANNING ORGANIZATION'S REQUEST THAT THE FLORIDA LEGISLATURE AND FLORIDA DEPARTMENT OF TRANSPORTATION ALLOCATE ADDITIONAL REVENUE TO WIDEN INTERSTATE 95 TO SIX LANES THROUGHOUT BREVARD COUNTY; PROVIDING AN EFFECTIVE DATE. (MAYOR WILLE) Town Attorney Gougelman read Resolution No. 671 by title. Mayor Wille advised that he is a member on the Metropolitan Planning Organization, representing the four (4) beach communities. Mayor Wille stated that this resolution was adopted by the MPO and the cities were requested to adopt this resolution which is to be presented to the State. Mayor Wille advised that only a portion of I-95 is scheduled for six laning and it is the MPO's belief that to maintain continuity and eliminate any bottlenecks in emergency situations, all of I-95 needs to be six laned. VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STACEY TO APPROVE RESOLUTION NO. 671, A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA SUPPORTING THE BREVARD METROPOLITAN PLANNING ORGANIZATION'S REQUEST THAT THE FLORIDA LEGISLATURE AND FLORIDA DEPARTMENT OF TRANSPORTATION ALLOCATE ADDITIONAL REVENUE TO WIDEN INTERSTATE 95 TO SIX LANES THROUGHOUT BREVARD COUNTY; PROVIDING AN EFFECTIVE DATE. VOTE: ALL AYES. MOTION CARRIED. B. RESOLUTION NO. 672 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA SUPPORTING THE BREVARD METROPOLITAN PLANNING ORGANIZATION'S REQUEST TO THE FLORIDA LEGISLATURE TO AMEND THE TRANSPORTATION 'PREVAILING PRINCIPLES' TO INCLUDE ADDRESSING URBAN CONGESTION; PROVIDING AN EFFECTIVE DATE. (MAYOR WILLE) Town Attorney Gougelman read Resolution No. 672 by title. Mayor Wille stated that this resolution is also from the MPO and has been adopted by the MPO. Mayor Wille advised that the MPO is requesting the cities adopt this resolution and explained that the State has not placed urban congestion as one of their primary duties and the State road systems within the urban areas are being under funded. Mayor Wille stated that there is an enormous transportation infrastructure deficit that is growing daily and this resolution is asking the State to put more of a focus on these internal roads. COMMISSIONER BETTEN MOVED, SECOND VICE MAYOR REMARK TO APPROVE RESOLUTION NO. 672 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA SUPPORTING THE BREVARD METROPOLITAN PLANNING ORGANIZATION=S REQUEST TO THE FLORIDA LEGISLATURE TO AMEND THE TRANSPORTATION "PREVAILING PRINCIPLES" TO INCLUDE ADDRESSING URBAN CONGESTION; PROVIDING AN EFFECTIVE DATE. VOTE: ALL AYES. MOTION CARRIED. V. OTHER BUSINESS: DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF THE FOLLOWING WORK ORDERS AND GRANT PROGRAMS: A. FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS: EMERGENCY MANAGEMENT, PREPAREDNESS AND ASSISTANCE TRUST FUND: 1. AUTHORIZE THE MAYOR TO APPROVE A RESOLUTION AUTHORIZING THE TOWN MANAGER TO SUBMIT A JOINT APPLICATION WITH SATELLITE BEACH, INDIAN HARBOUR BEACH AND INDIALANTIC TO APPLY FOR A GRANT TO PURCHASE A CATCH BASIN CLEANER, PROVIDING FOR MATCHING FUNDS. Town Manager Ciummo advised that this grant is the same type grant as the Town received for the storm shutters and the emergency siren. Town Manager Ciummo advised that she and other Managers of the beachside communities have discussed this joint application. Mayor Wille and Vice Mayor Remark advised that the South Beaches Coalition has also discussed this grant and that they don't believe this to be equitable and need more information before any decision can be made regarding this grant. 2. APPROVE A WORK ORDER FOR CAPE CANAVERAL SCIENTIFIC TO PREPARE FOUR GRANT APPLICATIONS FOR PROJECTS LISTED IN THE BREVARD COUNTY SPACE COAST HAZARD MITIGATION PLAN. Amy Adams of Cape Canaveral Scientific advised that she and the Town Manager reviewed the list from the grants workshop and advised that the Town piled up the projects over the next two (2) months. Ms. Adams stated that during the past three (3) years, storm shutters grants and stormwater master plan and stormwater projects have been funded quite a bit. Ms. Adams stated that the DCA staff has encouraged her, since the Town is looking at a two (2) grant cycle deadline on December 18th that it is best to apply for as many grants as possible. Ms. Adams stated that the Town can apply for three (3) under the $300,000 category and below and one (1) under the $50,000 category and below, per year and the Town has two (2) years that she is applying for. Ms. Adams advised that if the projects the Town is asking for this year do not get funded, the Town can ask that they be reconsidered next year for funding. Ms. Adams advised that she can do the work required for these grants. Ms. Adams, Town Manager Ciummo and the Town Commission discussed the idea of Ms. Adams applying for grants for the Pelican and Anchor Key Stormwater Improvement Project, Sixth Avenue, Harland and Andrews Drive Stormwater Improvement Project, Loggerhead Preserve Park Coast Zone Management Project, Storm Shutter purchase for the new Town complex, and the Preparation of a Stormwater Master Plan. 3. AUTHORIZE THE MAYOR TO APPROVE A RESOLUTION AUTHORIZING THE TOWN MANAGER TO SUBMIT APPLICATIONS WHICH WILL PROVIDE FUNDING TO COORDINATE WITH ELIGIBLE ENVIRONMENTAL GRANT PROJECTS INCLUDED IN THE HAZARD MITIGATION PLAN AND FOR STORM SHUTTERS FOR THE MUNICIPAL COMPLEX, PROVIDING FOR MATCHING FUNDS The Town Commission discussed the DCA Emergency Management grant to purchase storm shutters. COMMISSIONER BETTEN MOVED, SECOND COMMISSIONER STACEY TO AUTHORIZE CAPE CANAVERAL SCIENTIFIC TO PREPARE A GRANT APPLICATION FOR DCA EMERGENCY MANAGEMENT PROGRAM FOR THE PURCHASE OF STORM SHUTTERS FOR THE MUNICIPAL COMPLEX, WITH GRANT PREPARATION COST OF $3,510 AND AUTHORIZE THE MAYOR TO APPROVE A RESOLUTION AND/OR LEGISLATIVE ASSURANCES REQUIRED AND AUTHORIZE THE TOWN MANAGER TO SUBMIT THE GRANT APPLICATION. VOTE: ALL AYES. MOTION CARRIED. B. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT - STORMWATER MANAGEMENT PROJECTS COST-SHARE PROGRAM: 1. APPROVE A WORK ORDER FOR CAPE CANAVERAL SCIENTIFIC TO PREPARE TWO (2) GRANT APPLICATIONS FOR MATCHING FUNDS REQUIRED TO COMPLETE THE ANCHOR/PELICAN KEY BAFFLE BOX PROJECT AND THE OBTAIN FUNDING TO PREPARE A STORMWATER MASTER PLAN. ($5,270) VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STACEY TO AUTHORIZE CAPE CANAVERAL SCIENTIFIC TO PREPARE A GRANT APPLICATION FOR DCA EMERGENCY MANAGEMENT PROGRAM FOR ANCHOR/PELICAN KEY STORMWATER IMPROVEMENT PROJECT FOR THE $300,000 PROGRAM IN THIS YEAR'S FUNDING WITH A GRANT PREPARATION COST OF $2,860 AND AUTHORIZE THE MAYOR TO APPROVE A RESOLUTION AND/OR LEGISLATIVE ASSURANCES REQUIRED AND AUTHORIZE THE TOWN MANAGER TO SUBMIT THE GRANT APPLICATION AS DIRECTED AND IF IT IS SEEN THAT IT IS LESS THAN LIKELY THAT A SMALL GRANT REQUEST LIKE THIS IN THE $300,000 CATEGORY IS UNLIKELY THAT THE TOWN CHOOSES NOT TO PURSUE THIS AND AMEND THE ST. JOHNS WATER MANAGEMENT COST SHARE CORRESPONDINGLY TO A $59,103 MATCH. VOTE: ALL AYES. MOTION CARRIED 2. AUTHORIZE THE MAYOR TO APPROVE A RESOLUTION AUTHORIZING THE TOWN MANAGER TO SUBMIT AN APPLICATION FOR THE ANCHOR/PELICAN KEY PROJECT AND FOR THE PREPARATION OF A STORMWATER IMPROVEMENT PROJECT COMMISSIONER STACEY MOVED SECOND COMMISSIONER SMITH TO APPLY TO DCA EMERGENCY MANAGEMENT UNDER THE $50,000 GRANT PROGRAM FOR THE STORMWATER MASTER PLAN WITH GRANT PREPARATION COST OF $5,270 AND AUTHORIZE THE MAYOR TO APPROVE A RESOLUTION AND/OR LEGISLATIVE ASSURANCES REQUIRED AND AUTHORIZING THE TOWN MANAGER TO SUBMIT THE GRANT APPLICATION AS DIRECTED. VOTE: ALL AYES. MOTION CARRIED. The Town Commission discussed the DCA Emergency Management grant proposed for stormwater improvements at Sixth Avenue, Andrews & Harland and decided this should be Pine Street and Driftwood area. VICE MAYOR REMARK MOVED, SECOND COMMISSIONER BETTEN TO AUTHORIZE CAPE CANAVERAL SCIENTIFIC TO PREPARE GRANT APPLICATION FOR THE STORMWATER IMPROVEMENT AT PINE STREET AND DRIFTWOOD AVENUE AT A COST OF $5,660 AND AUTHORIZE THE MAYOR TO APPROVE A RESOLUTION AND/OR LEGISLATIVE ASSURANCES REQUIRED AND AUTHORIZING THE TOWN MANAGER TO SUBMIT THE GRANT APPLICATION AS DIRECTED. MAYOR WILLE MAY USE DISCRETION AS NEEDED. VOTE: ALL AYES. MOTION CARRIED. The Town Commission discussed the DCA Emergency Management Grant for Loggerhead Park Construction and decided not to apply at this time. C. REVIEW AND APPROVAL OF AN AGREEMENT WITH CREECH ENGINEERING, INC. FOR SERVICES FOR PROPOSED PELICAN KEY AND ANCHOR KEY BAFFLE BOXES. ($24,818.50) Gordon England of Creech Engineering, Inc. addressed the Town Commission and advised that this is a result of the 319 Program and it is the next step in the process to start the engineering so that when the grant money is obtained, the Town will be ready to go forward with the project. Mayor Wille asked Mr. England what the risk is of the Town paying for his services and not getting funded by the grant? Mr. England reported that the Town has received a Letter of Commitment from Eric Livingston assuring that the Town will receive the grant so that it could proceed with this engineering. COMMISSIONER BETTEN MOVED, SECOND COMMISSIONER STACEY TO APPROVE AN AGREEMENT WITH CREECH ENGINEERING, INC. FOR SERVICES FOR PROPOSED PELICAN KEY AND ANCHOR KEY BAFFLE BOXES IN THE AMOUNT OF $24,818.50. VOTE: ALL AYES. MOTION CARRIED. VI. REPORTS A. TOWN BOARDS/COMMITTEES Tom Macaulay of the Parks Board reported that the Board is asking that before the Bay Tree is eventually cut down in the Ryckman Park, a water color be done to be hung in the new Town Hall. Mr. Macaulay advised that the Board has requested that there also be a ceremony in honor of the tree before it is cut down. Mr. Macaulay advised that the Garden Club is holding a 40th Anniversary celebrating and requested that the Town cover the insurance for their special event. Town Manager Ciummo reported that she responded to Betsy Baird from the Parks Board on this topic and suggested to her that the Parks Board and Town offer programs as part of the recreation programs which are sponsored by other entities, the program becomes a program that the Town is offering and they do not have to ask that entity to provide insurance as required by the Town code. Town Manager Ciummo stated that it does not mean that they are covered because we cannot cover them, but we do not have to have them give us insurance for them to hold the event, they still have a liability exposure, but we=re providing an umbrella coverage saying it is our event so our insurance company will provide coverage for people participating in the event, but it does not mean the group cannot be sued. Town Attorney Gougelman advised that they will be completely uninsured. Town Attorney Gougelman advised that the Town does not have the ability, under the Florida Constitution to indemnify, another party. Town Attorney Gougelman stated that even if the Town was to somehow add them to our insurance policy as an additional insured, the Town is only liable up to $200,000 for tort liability because we are a governmental entity. Town Attorney Gougelman advised that the cap does not apply to the group and the Town=s insurance policy will expect that the $200,000 exposure be enforced. The Town Commission discussed that the Garden Club should discuss this and possibly obtain insurance coverage for this event. Mr. Macaulay stated that in the original FRDAP grant application, the Board recommended some playground equipment, and, at the last meeting reaffirmed that this is the equipment the Board would like to have. Mr. Macaulay requested that Rochelle Lawandales be required to incorporate the equipment into the plans. Town Manager Ciummo advised that this information has been given to the architect. Mr. Macaulay discussed the trip planned to Sarasota to look at a gazebo similar to what the Parks Board has selected for Ryckman Park. It was discussed that a public notice regarding the trip be posted for the Parks Board and for the Town Commission as more than one member may be attending. Mr. Macaulay advised that he has a couple of questions about the Loggerhead Park Preserve. One has to do with the Parks Board's responsibility as it relates to the park because at first, the Board felt it has some responsibility for the park and now nothing has been said. Mr. Macaulay asked what responsibilities the Board has as far as development of the site and a lot of activities are happening at the park such as the planting of native plants and seem to be planted in straight rows rather than by someone such as a landscape designer. Mr. Macaulay advised the Town Commission that the Parks Board does not want to be in charge of the Loggerhead Park Preserve project, but, would like to be relieved of this responsibility officially. Town Manager Ciummo advised that she spoke to the Environmental Advisory Board and their position is that rather than this being an active recreational park, it is a park preserve so it is not a "park" and it does not fall under the Parks Board responsibility. Town Manager Ciummo reminded that a management plan was approved by the Town Commission and the plan addresses requirements setting forth objectives related to environmental activities and restoration of the site, which falls within the Environmental Advisory Board's purview. Town Manager Ciummo pointed out that the plan mentions the Parks Board getting into planning the environmental education program for the Town and the Environmental Advisory Board has been handling these types of programs. Town Manager Ciummo advised that there have been some questions about whether this is a park or a preserve. Town Manager Ciummo stated that one of the major commitments for the acquisition of the land was that this would be a preserve rather than an active recreation park. Town Manager Ciummo advised that this is something the Town Commission will have to clarify. Martha Russo, Environmental Advisory Board came forward and stated that this is not a park, it is a preserve, the word "park" does not appear anywhere in the name or in the grant. Ms. Russo advised that the Board does not feel that the Parks Board has anything to do with the preserve. Ms. Russo advised that a landscape architect's design is on file in the Town. Ms. Russo advised that the reason the 85 plants were planted by the fourth grade "discovery class" at Gemini School is because it is an educational project. Ms. Russo advised that the design includes a raised boardwalk and large plants cannot be put in until the boardwalk is constructed. Ms. Russo stated that the smaller plants, which are in a row, are part of the landscape design. Ms. Russo advised that the Board has received over $500 in cash donations and 85 plants from parents, teachers, and friends of the Town and there is $400 remaining and Sheryl Alberga is overseeing this part of the project. Ms. Russo advised that the Board hopes to have a sign of acknowledgment mounted thanking the students because this is an ongoing project for the Discovery Class. Ms. Russo advised that the Discovery Class collected and maintained the plants prior to planting and the Fire Department is watering twice per week. Ms. Russo advised that this is an environmental/educational preserve and the Board is careful not to use the word, "park" and prefer it not be listed as such. Town Manager Ciummo advised Ms. Russo that the Town was not notified very fully about what was going to occur at the preserve and the Town Commission would like the Boards to report to the Town Commission what the activities of the board are to keep them informed. Ms. Russo advised that the Board will report their activities to the Town Commission. Ms. Russo stated that Indian River Lagoon porcelain plaques have been mounted down by the river and requested that the Board be allowed to have a few minutes during the Tree Lighting Ceremony to announce this and make people aware of how the plaques were obtained. Ms. Russo stated that if this is all right, she will coordinate this with Mr. Powers. Commissioner Betten asked Ms. Russo what the next activity will be at the site? Ms. Russo advised that the boardwalk will need to be constructed before any of the larger plants can be put in and Chairman Byrd advised this will happen in the middle spring. Mayor Wille advised Ms. Russo that Chairman Byrd was advised that this time-line could not be held to the Commission for specific dates and it was understood that this would be met upon availability of funding. B. TOWN ATTORNEY Mayor Wille asked Town Attorney Gougelman when he will have the street sweeper agreement ready? Town Attorney Gougelman stated that hopefully, that will be ready for the December meeting. Mayor Wille stated that there seems to be confusion as to the coastal setback line. Town Manger Ciummo stated that she sent her interpretation of the line to the Town Planner and he sent back a note advising of this determination. Mayor Wille advised that he will wait to review the note from the Town Planner. Mayor Wille asked Town Attorney Gougelman if he has had a chance to review the newest traffic signal maintenance agreement with FDOT? Town Manager Ciummo advised that she has signed it and sent it back, but, the agreement incorporated the Town Attorney's comments. Mayor Wille asked Town Attorney Gougelman what the status is regarding the ordinance for short-term rentals? Town Attorney Gougelman stated that he is still trying to get a copy of the litigation from the Cape Canaveral case because by researching this litigation it will give an idea of how to draft this ordinance. Town Attorney Gougelman advised that he will run the ordinance through the Local Planning Agency first. C. TOWN MANAGER Town Manager Ciummo advised that she will be out-of-Town on vacation, but will be in constant communication with the office and can be reached by E-mail. Town Manager Ciummo advised that the Town Clerk will be the Acting Town Manager while she is on vacation. VII. TOWN COMMISSION ANNOUNCEMENTS, COMMENTS & REPORTS Commissioner Stacey commented that the Space Coast League of Cities will be having the Christmas dinner at the Officer=s Club at Patrick Air Force Base and announced that this year there will be no entertainment. Commissioner Stacey announced that they want two (2) gifts valued at $10 or over. Vice Mayor Remark advised that she contacted her neighbors regarding signing the beach nourishment project asking them to sign. After a discussion, Mayor Wille noted that ten (10) people on this list are in Melbourne Beach. The Town Commission requested the Town Manager send a letter signed by the Town Commission to these property owners listing the reasons these people should sign the easement agreements. Commissioner Smith asked Town Manager Ciummo if she has found the report requested from the Fire Department? Town Manager Ciummo advised that she has not found the report and Commissioner Smith requested that another copy be requested. Commissioner Betten commented that he talked to the manager at the grocery store and was advised that he was asked by Mr. Normyle if he could park one (1) tow truck there temporarily and now there are three (3) trucks parked in the grocery store parking lot and the manager is looking for help to get these truck removed. Commissioner Betten advised that he requested a letter be sent to the grocery store regarding this parking. Commissioner Betten advised that he and other business owners are ready to resume the "Movies in the Park" again and noted that various businesses will help with supplies and costs of the running of the movies. Commissioner Betten stated that his business will support the program. Mayor Wille requested Town Manager Ciummo to have agenda back up information delivered to the Commissioner's homes when it not in the agenda package. Mayor Wille reported that the Town will not receive funds from FDOT on the enhancement grant until 2003/2004. Mayor Wille reported that since the Manager's contract is coming up for renewal in January, the Town Commission needs to discuss how it wants to proceed with the contract to discuss this. Commissioner Smith requested that the Town Commission hold a meeting prior to the next regular meeting to discuss this. Town Manger Ciummo requested if she can get an endorsement as to whether or not her contract will be renewed. The Town Commission stated that they did not feel comfortable answering this question at this time. Town Manager Ciummo stated that she can say that there is not a consensus of support. Mayor Wille requested a workshop be scheduled to review the Town Manager's contract. Mayor Wille asked Town Manager Ciummo if there has been any direction on hiring an engineer for the survey or structure of the pier? Town Manager Ciummo advised that she has authorized Beville Outlaw to do this task. Mayor Wille asked for a copy of the St. Johns River Water Management District's paperwork as submitted for the retention on the municipal complex site. Mayor Wille advised that FDOT is requesting that the Town select the color and manufacturer of the mast arms/lighting for the Ocean Avenue/Oak Street intersection. Mayor Wille requested that each of the Commissioners receive this information for the December meeting. Mayor Wille asked Town Manager Ciummo what the status is with the Planning and Zoning Board regarding the downtown plan and asked if another meeting has been planned? Town Manager Ciummo advised that she does not know. Mayor Wille asked the Manager to find out through the County what the status is of the drainage project on Oak Street. Town Manager Ciummo advised that Ron Jones informed her that the County will hold another meeting with the residents in that area. Mayor Wille advised that in March, Commissioner Stacey talked to Mr. Thomas regarding historical archives he received as Town Historian. Mayor Wille stated that the Town Manager was requested to forward a letter to Mr. Thomas and Mr. Thomas advised that he has not seen the letter. Commissioner Smith stated that the letter was sent to North Carolina, not Melbourne Beach. Mayor Wille requested that another copy of the letter be forwarded to Mr. Thomas at his Melbourne Beach address. Mayor Wille reported that he spoke to Commissioner Higgs about the generator installed at the lift station and requested that she look at it because he was surprised at the size of it. Mayor Wille referred to the memorandum sent back and forth between the Town Manager and Police Chief regarding the consolidation of the Fire Department and Police Department building in the Municipal Complex and advised that no formal discussion has been taken by the Town Commission and advised that he will assume that there will be a separate Police and Fire Department in the complex plan. Mayor Wille advised that he wished the Town Manager had taken care of this situation in house. Mayor Wille advised that Commissioner Smith had requested each department review their space plans in the new municipal complex, to see what is needed and what can be cut in case the plans need to be cut. VIII. 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 adjourned at 11:34 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. |