TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - Special Meeting
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Wednesday
November 19, 2003
COMMUNITY CENTER
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A regular meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by
Mayor Crispen at 6:40 p.m. on Wednesday, November 19, 2003 in the Community Center. Mayor Crispen also
led the Pledge of Allegiance
Present:
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Mayor Crispen
Vice Mayor Walters
Commissioner Guglietta
Commissioner Price
Commissioner Wilson
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Others Present:
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Town Attorney Gougelman
Former Vice Mayor Smith
Interim Police Chief Haran
Finance Manager Matthews
67 members of the public
Town Clerk Masny
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I. PRESENTATIONS:
A. TOWN ATTORNEY GOUGELMAN TO ADMINISTER OATH OF OFFICE TO COMMISSIONER
PAUL GUGLIETTA AND COMMISSIONER STEVE WALTERS.
Town Clerk Masny administered the Oath of Office to Commissioner Paul Guglietta and Commissioner
Steve Walters.
B. MAYOR CRISPEN TO PRESENT CERTIFICATES OF ELECTION TO COMMISSIONER PAUL S.
GUGLIETTA AND COMMISSIONER STEVE WALTERS.
Mayor Crispen presented certificates of Election to Commissioner Paul S. Guglietta and Commissioner
Steve Walters.
C. MAYOR CRISPEN TO PRESENT APPRECIATION PLAQUE TO VICE MAYOR SMITH FOR HER
SERVICE TO THE TOWN OF MELBOURNE BEACH
Mayor Crispen presented an appreciation plaque to Vice Mayor Smith for her service to the Town of
Melbourne Beach.
****************************15 MINUTE RECESS *******************************
Mayor Crispen read a statement into the record. “I would like to congratulate Mr. Walters and Mr. Guglietta for
their first and second place finishes in this month’s election. I wish them well as they attempt to do the people’s
business. I would also like to congratulate Mr. Price and Mr. Wilson for their finish last year and for the duty for
the Town in the last year. I also wish them well as they contribute to our community. I doubt that very many of
you know how hard this group works for you and how much time this group gives to you, the residents. As an
illustration, I estimate that I have given almost 700 hours of my time to the Town since I have been Mayor. If
you figure all the Town meetings, the preparation time of the meeting, the meetings associated with Space
Coast League of Cities and other meeting, the administrative time associated with being Mayor, the position,
travel, etc. it is formidable. Even though we do get paid, this is community service, this is volunteer work.
None of us does it for the money, we do it to contribute to the Town. I have to announce that I will no longer
be able to donate this time to the Town. Due to the success that I have had with my job in the Florida region,
I have been asked to take on two new territories for my company. I will be in charge of the Chicago and Kansas
City markets and this will require much more travel than I have had to do in Florida alone. I can see no way
that I can devote the amount of quality time to the Town that the Town deserves. As a result I am tendering
my resignation as Mayor of the Town of Melbourne Beach effective immediately. My time is spread out in
too many ways, my children and my business need me more and therefore, I reluctantly resign as your Mayor. I
will remain an interested party as to the actions of this Commission. I will remain an active member of the public
as much as my time will permit. One of the first orders of business for this Commission will be to appoint a
replacement Commissioner-At-Large. Given the fact that we have just had an election two weeks’ ago, and
given the fact that there was a mandatory recount and given the fact that the vote disparity between Mr. Guglietta
and Ms. Riemer was only seven votes and given the fact that 522 residents of the Town voted for Ms. Riemer, I
believe this Commission would want to do the right thing and appoint Ms. Riemer to the Town Commission and
do it tonight. I think how appropriate it would be if Mr. Guglietta would make that motion. I wish the Commission
well in its attempt to manage the needs of the Town. I want to thank you, the residents for the opportunity to
have served you for the past two years. This has been one of the most satisfying periods of my life, but I must
focus more of my energy on my children and on my business. Thank you.”
Vice Mayor Walters stated that under the Town Charter, he will assume the position of Mayor and requested,
without objection, to change the agenda so that proclamations and awards will be moved to the front of the agenda.
IV. PROCLAMATIONS AND AWARDS:
A. CERTIFICATE OF APPRECIATION TO PAUL S. GUGLIETTA FOR SERVICE ON THE TOWN’S PARK
BOARD AND ENVIRONMENTAL ADVISORY BOARD.
This agenda item was not discussed and will be placed on the next regular meeting agenda.
B. PRESENTATION OF SPECIAL RECOGNITION AWARD TO MELBOURNE BEACH POLICE OFFICER
MIKE DODSON.
Acting Chief of Police Haran presented a special recognition award to Officer Mike Dodson for his extraordinary
service to the Town of Melbourne Beach.
C. PRESENTATION OF SPECIAL RECOGNITION AWARD TO MELBOURNE BEACH AUXILIARY POLICE
OFFICER GRAHAM OHLMANN.
Acting Chief of Police Haran announced the Auxiliary Police Officer Graham Ohlmann was unable to attend the
meeting and this award will be given at another date.
II. PUBLIC HEARING:
A. ORDINANCE NO. 2003-04
AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO
ZONING; MAKING FINDINGS; AMENDING SECTIONS 1A-3, 7A-36, AND 7A-50, APPENDIX A, TOWN CODE;
PROVIDING DEFINITIONS FOR BED AND BREAKFAST INN, HOTEL, AND MOTEL; PROVIDING THAT BED
AND BREAKFAST INNS ARE A CONDITIONAL USE IN THE 6-B ZONING DISTRICT PERMITTED BY
SPECIAL EXCEPTION; PROVIDING OFF-STREET PARKING REQUIREMENTS FOR A BED AND
BREAKFAST INN; PROVIDING FOR SEVERABILITY/INTERPRETATION; PROVIDING FOR REPEAL
OF ORDINANCES AND RESOLUTIONS INCONSISTENT HEREWITH; AND PROVIDING AN EFFECTIVE
DATE. (SECOND AND FINAL READING)
Town Attorney Gougelman read Ordinance No. 2003-04 by title. Mayor Walters stated that this is the second
and final reading of this ordinance and asked for public comment regarding Ordinance 2003-04.
Linda Rydson, 1301 Pine Street and owner of property requesting the bed and breakfast establishment came
forward and discussed her and her husband’s plans for the property located at 201 Ocean Avenue. Ms. Rydson
discussed the process she and her husband have gone through and the next steps required by the Town for the
approval of the bed and breakfast plan. Ms. Rydson stated that if the Town Commission passes this ordinance
tonight, it will mean that a Bed and Breakfast will be legally considered for the 6-B zoning district, providing we
work closely with the Board of Adjustment, Planning and Zoning Board, Police and Fire Departments, the
Building Official and Town Commission to create a plan that the Melbourne Beach residents can be proud
of and that everyone agrees on. Ms. Rydson requested that the Town Commission consider that on the very
best day, there can only be 22 people on this property, with 11 rooms and 2 people per room, the property
taxes will nearly double, and the preliminary landscape plan calls for an additional 53 trees.
Gail Goudy, 215 Ash Avenue commented that she has reviewed the codes for Indialantic, Melbourne and Brevard
County regarding bed and breakfast facilities and commented that they are mainly limited to not exceeding nine
dwelling rooms, the breakfast meal is served only to overnight guests, and they are not considered a rooming
house. Ms Goudy stated that she has a concern with the size of this bed and breakfast as it is not owner
occupied, and asked where the code came from in this ordinance as the Planning and Zoning Board did not
recommend 12 rooms. Ms Goudy commented that this facility is too large.
Town Attorney Gougelman stated that in Indialantic the ordinance was created by the owner of the establishment
and the same thing happened in Melbourne about seven or eight year’s ago. Town Attorney Gougelman commented
that the same thing has been done here, Mr. and Mrs. Rydson styled the ordinance around their establishment, the
Planning and Zoning Board and Town Planner have reviewed the ordinance and this is the proposal that has come
to the Town Commission and it is their decision as to how many rooms will be allowed.
Gary Sack, 2204 Redwood Drive and Chairman of the Planning and Zoning Board commented that the Baird
considered ordinance and recommended approval to the Town Commission as the use is consistent with the
Comprehensive Plan and the proposed Ocean Avenue corridor plan.
Oxchitl Ross, 1106 Atlantic Street commented that the wording of the ordinance because if the facility is not
owner occupied and has 12 rooms, it could be a motel such as the Sandy Shoes, and if the ordinance allows
this, we will have it eventually.
Alice Graham, 305 Fifth Avenue commented that she has spoken to people in the neighborhood and they think
it is a great idea and they define they think a bed and breakfast is a private home with 3-5 bedrooms and the
owners prepare breakfast and you go on your way. Ms. Graham stated that she asked them what if it has 12
rooms and they respond that it will be a hotel or a motel.
Commissioner Wilson stated that he looked at St. Augustine and Gainesville regarding their codes for bed and
breakfast advised that St. Augustine code reads that a bed and breakfast inn is a building or part thereof at
least 50 years old other than a hotel, motel or inn where sleeping accommodations and meals are provided
for lodgers by daily charge and which serves as the residence of the operator or owner and all establishments
using the title bed and breakfast on their sign, the structure must be restored and maintained according to
guidelines and maintain an historic ambiance. Commissioner Wilson reviewed the Gainesville code, which
was similar to St. Augustine and stated that he does not see that the bed and breakfast proposed for the
Town does not fit into this type of code because nobody will be living in the original house full time as there
is proposed a separate unit for the operator and the units housing the guests will be in two separate units in
a courtyard around a swimming pool. Commissioner Wilson stated that this proposed ordinance needs to
be worked on it to change a number of things to make a bed and breakfast more acceptable to Melbourne Beach.
Commissioner Price commented that Melbourne Beach is a unique community and in writing their ordinances
community mentioned tailored their ordinance to suit their community. Commissioner Price stated that a bed
and breakfast is a business and we have a small business district and if we are to write an ordinance to fit
our uniqueness we should consider all items mentioned and be concerned about compatibility to our community
and the business district. Commissioner Price commented that it would be a mistake to tailor this business to
the Town based upon a community whose ordinance does not produce a success and that the Town should be
concerned about restricting a small business to the point that the margin of profitability will be diminished and
failure would be imminent.
Commissioner Guglietta commented that having recently been elected, he is not prepared to speak to the issue
as he needs additional information, but, believes that a bed and breakfast would be good for the Town.
Commissioner Guglietta stated that the Berri Patch preschool has failed and we need to look at the ordinance
so that it will not cause a failure for this business. Commissioner Guglietta commented about the location of
the bed and breakfast and questioned how the people will get to the beach.
Mayor Walters commented that the Planning and Zoning Board made a recommendation and the Town
Commission should follow their advice and this is commercial property, not residential and of all of the
businesses that could go on this property, this has the least amount of impact to the community. Mayor
Walters stated that he is in favor of the bed and breakfast and that he had a question at the last meeting
of what the definition is of when they could serve breakfast and this ordinance should be changed that they
can serve breakfast to their overnight guests only. Mayor Walters stated that he also had a question
regarding the pedestrian and traffic survey to be done by the Police Department to determine the impact
on the community.
COMMISSIONER PRICE MOVED TO ADOPT ORDINANCE 2003-04 AS PRESENTED. MOTION DIES FOR
LACK OF A SECOND.
Town Attorney Gougelman stated that the next step will be to make a couple of revisions such as the police
traffic examination of the issue and continue consideration of the ordinance at the next regular meeting to
be held December 17, 2003. Attorney Gougelman stated that some residents are concerned that this will
turn into a motel or hotel and the dividing line between these and a bed and breakfast is extremely narrow
and possibly make changes on Pages 2 and 3 and look at the definitions of bed and breakfast inns as the
number of sleeping rooms is an issue, or the concern of it turning into a mini sized Marriott. Town Attorney
Gougelman mentioned a possible change on Page 3 item 3. with the provision of meals, if provided at all,
is limited to the breakfast meal for overnight guests. Town Attorney Gougelman stated that on Page 7 that
is where it is provided that the bed and breakfast inn is permitted as a special exception, which means that
in the 6-B zoning district, applicants have to prove that they meet the two (2) conditions in 5A and 5B, which
are lines 9 through 20 on Page 7. Town Attorney Gougelman stated that there may be other conditions the
Town Commission may want to include.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER WILSON TO CONTINUE CONSIDERATION
OF ORDINANCE 2003-04 UNTIL THE NEXT MEETING SCHEDULED FOR DECEMBER 17, 2003 AT 7:00 P.M.
VOTE: ALL AYES. MOTION CARRIED.
B. ORDINANCE 2003-03
AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING
TO POLICE RETIREMENT BENEFITS; PROVIDING FOR AN ADDITIONAL $10 PER MONTH RETIREMENT
BENEFIT FOR CERTAIN POLICE OFFICERS; PROVIDING FOR THE REPEAL OF ORDINANCES AND
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND INTERPRETATION;
PROVIDING AN EFFECTIVE DATE; AND PROVIDING AN ADOPTION SCHEDULE. (SECOND AND
FINAL READING)
Town Attorney Gougelman read Ordinance 2003-03 by title. Mayor Walters asked for public comment regarding
this ordinance. There was no public comment.
Commissioner Guglietta asked that on Page 2, it says “shall receive an additional monthly benefit equal to $10
times the number of full years of credited service” and asked how many officers fall into this category? Acting
Chief Haran responded that the cost of living stops at 62, this goes on to 120 payments or 10 years or the retirees
life time and this affects every officer who stays 10 years or more.
Commissioner Wilson asked if these have to be consecutive years? Acting Chief Haran stated that these are
credited years of service, it is up to the Town to decide this.
Mayor Walters stated that the problem he has with this ordinance, is that at the time he originally year step
plan and now the increases are 8% and he would like to know the total cost of this to the Town. Mayor Walters
stated that the Town needs to also look at the Town employee’s pension plan as it is a lot worse than the Police
Officer’s plan. Mayor Walters stated that this is to subsidize the officer’s health and this ordinance would affect
nobody currently, but the two it will affect the soonest already have full coverage insurance, plus dependent
coverage from another state. Mayor Walters suggested that the Town Commission postpone this until we
get our final budget figures to see if we can afford this right now.
Commissioner Guglietta stated that if we are going to postpone this, we are going to look into it at a later date
to ensure that we can bring the other Town employees up to a similar standard as that of the Police Department
and because we do not have the final figures back from our budget showing our actual expenses last year, and
he does not want to hurt the Police Officers by this postponement and he would like to direct the Town Manager
that he gets back with the Town Commission as soon as possible regarding the financial condition of the Town
so that the Town Commission can adopt this ordinance.
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER GUGLIETTA TO TABLE ORDINANCE 2003-03
UNTIL THE NEXT MEETING TO BE HELD DECEMBER 17, 2003.
VOTE: COMMISSIONER WILSON, AYE. COMMISSIONER GUGLIETTA, AYE. MAYOR WALTERS, AYE.
COMMISSIONER PRICE, NAY. MOTION CARRIED.
C. REVIEW AND APPROVAL OF FINAL SITE PLAN APPROVAL FOR SOUTH ISLAND REALTY
PROFESSIONAL OFFICE BUILDING TO BE LOCATED AT 301 OCEAN AVENUE, OWNER: WENDY E. MURRAY.
Wendy Murray, 50 Eleventh Avenue, Indialantic came forward and introduced her Project Engineer, Clayton
Bennett of 2060 Highway A1A, Indian Harbour Beach and asked that the Town Commission approve the site
plan as approved by the Planning and Zoning Board. Mr. Bennett stated that the site is located at the southwest
corner of Ocean Avenue and Orange Street and the proposed use is for a professional office building. Mr. Bennett
stated that he has revised the site plan to address the comments and recommendations of the Planning and
Zoning Board.
Gary Sack, 2204 Redwood Avenue, Chairman of the Planning and Zoning Board, stated that the Board considered
this site plan at its meeting held on October 30, 2003 and considered the site plan in view of all of the requirements
for site plan approval and the recommendation of the Board is that the site plan be approved subject to four (4)
conditions: That the applicant receive all required approvals from the Florida Department of Transportation;
approval from St. Johns River Water Management District approvals and other authorities approving the drainage
plan for the site; the rear setback was shown at 20 feet rather than the required 25 feet and this 25-foot setback
in rear and provided that by moving building forward, it did not cause any other problems deviating from the code;
and, the landscape provisions shown on the site plan that sizes of the landscaping will be that size at time of
Certificate of Occupancy.
Town Attorney Gougelman asked that the minutes reflect that the site plan to identify this site plan and stated it
is a 4-page site plan by Fleis and Bennett Engineering, Inc. dated July 16, 2003, with latest date of revision
being November 11, 2003, prepared under project Number 03.220, has a 1-page elevation plan prepared by
RA Ramsey dated June 14, 2003 under job number 1803.
Mayor Walters opened the public hearing for comments from the public.
Martha Remark, 707 Atlantic Street commented that she saw copy of the elevation, beautiful building, and
asked if the Fire Department and Police Department have to make comments on the plan? Ms. Remark
stated that entrance and exiting will be off of Orange Street and our code has not changed for Ocean Avenue
yet, but the building is set back on the lot and all of the parking is on the street side.
Chairman Sack stated that the Town Center Code is not adopted yet, but it features moving buildings up to the
street, and this is in conformance with the existing code and the landscaping in front will create a situation where
you are not looking at a parking lot. Chairman Sack stated that the Police and Fire Department did provide
comments and there were no negative comments.
Commissioner Guglietta asked Building Official Munroe if the site plan meets all Town requirements for this
zoning district? Building Official Munroe responded that it did.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER GUGLIETTA TO APPROVE THE SITE PLAN AS
PRESENTED SUBJECT TO THE FOUR CONDITIONS LAID OUT BY THE PLANNING AND ZONING BOARD AND
WITH THE ATTACHMENT OF THE SITE PLAN DRAWINGS AS IDENTIFIED BY TOWN ATTORNEY GOUGELMAN.
VOTE: ALL AYES. MOTION CARRIED.
D. REVIEW AND APPROVAL OF FINAL SITE PLAN APPROVAL FOR SOUTH ISLAND
CONDOMINIUM TO BE LOCATED AT 406-410 OCEAN AVENUE, OWNER: WENDY E. MURRAY.
Gary Sack, 2204 Redwood Avenue, Planning and Zoning Board Chairman came forward and advised that the
Planning and Zoning Board reviewed the site plan and it is recommended for approval with conditions one through
seven: approval subject to the applicant receiving all required approvals from the Florida Department of
Transportation; receiving all required approvals from the St. Johns River Water Management District and
other authorities required to approve the drainage plan for the site; subject to the applicant making a
change to the driveway in front of the building to make it a fire lane where parking will not be allowed;
subject to the applicant filing and obtaining permits for tree removal on the site; existing trees along the
north border of the site being left and maintained, if possible, and that leaving them will not interfere with
construction in order to provide a greater vegetative barrier between the site and adjoining residential property;
subject to the applicant providing by the planting of additional trees or shrubs, a greater and denser vegetative
barrier along the north boundary of the site so as to provide a greater screening and a better barrier to adjoining
single-family residences to the north high enough in front of the six-foot fence to provide an appropriate screening
for those residences; and, that the landscaping in terms of bushes, trees and shrubs that are shown on the plan
be of a height specified on the plan be of the heights specified on the plan at the time of issuance of the certificate
of occupancy.
Commissioner Price stated that the idea is for a 6-foot fence and in addition, trees to screen the residences back
yards. Chairman Sack responded it is and this is incorporated in items 5 and 6 in the Board’s memo.
Commissioner Wilson asked how entrance is made to the units on the third floor? Chairman Sack stated that
there is an interior elevator system, there is nothing exterior.
Commissioner Price asked if the access for the occupants is all on the interior? Clayton Bennett, stated that
they have revised the plans to address the Planning and Zoning Board comments and they realize they need
the permits from Florida Department of Transportation and the St. Johns River Water Management District.
Mr. Bennett stated that they will obtain a tree removal permit to remove any trees and stated that they have
pulled the building all the way up to the front setback and there is just over 45 feet from the building to the
rear property line. Mr. Bennett stated that in addition to the 6-foot fence they are proposing a Sea Hibiscus
which can grow to a height of 35 feet and is fast growing.
Commissioner Price stated that the Sea Hibiscus is a salt-tolerant plant and commented that it is beautiful
and it grows fast.
Mayor Walters stated that the larger the better and the quicker the grower and asked how man oak trees
will be removed? Mr. Bennett stated that a tree survey not performed and he cannot tell how many will be
removed at this time. Mayor Walters reminded Mr. Bennett that he will need a permit to remove any of the
oak trees.
Mayor Walters opened the public hearing for comments from the public regarding the site plan.
Tom Moultrie, 405 Avenue A commented that he has concerns about the height being excessive at three
stories, concerned about losing privacy and the valuation of his property. Mr. Moultrie asked that a decision
on this be postponed about 60 days until he can get information on these topics regarding his property.
Town Attorney Gougelman stated that this is within the discretion of the Town Commission and asked what
would happen in 60 days? Mr. Moultrie stated that he would like to have research to show how this will affect
property value, have height studies done to show how the 25-foot tree will block and what it won’t block.
Mayor Walters asked Mr. Moultrie if he attended the Planning and Zoning Board and discussed these concerns?
Mr. Moultrie commented that he found about the meeting the same day as the Board met. Mayor Walters
asked Ms. Murray if this would be acceptable to her? Ms. Murray stated that this project has been going on
and Mr. Moultrie has been well aware of this for months and months and this building it is in compliance with
the others buildings on the street and falls within the allowable zoning. Ms. Murray asked that the Town not
put the hardship on her by holding this up any longer.
Commissioner Price stated that this building from the slab to the crown of the road is 28 feet. Ms. Murray
stated that this is correct. Commissioner Price stated that it is a 3-story building, but it is within our code
and the property owner can build that. Commissioner Price asked if buffer as presented by the Planning
and Zoning Board will that help the situation? Mr. Moultrie stated it will help, not solve the situation.
Ellen Ginevra, 610 Mango Drive commented that Wendy Murray has been in this town and she is complying
with everything in the code and should be allowed to move forward with her plans.
Oxchitl Ross, 1106 Atlantic Street commented that this is a sad moment for the Town as Wendy tried to
work with the Town to save her house and if the Town worked with her we would not be here.
Linda Rydson, 1301 Pine Street commented that what happened to Wendy is that things went well, she
worked with the Town, worked with her attorney and in the end it did not work and the Town should learn
from this and people need to think positively about what we can do with the buildings.
Frank Thomas, 606 Atlantic Street commented that he understands the problems, we need to pay attention
to business as there has been a lot of interplay and fighting and when we have the historical zoning, we will
have a legal right to take anything down.
Betsy Baird, 1111 River Road commented that the Wendy Murray’s condo should be two (2) stories and she
has a tree in her back yard called a Mahoe, similar to the Sea Hibiscus and it grows extremely fast and very
invasive.
Town Attorney Gougelman asked that the minutes reflect that the site plan to identify this site plan and
stated it is a 6-page site plan prepared by Fleis and Bennett Engineering, Inc., of Indian Harbour Beach,
under project Number 03.210, dated October 2003, with latest date of revision being November 10, 2003,
and there is a one-page elevation plan prepared by RA Ramsey under job number 2703E-A dated
October 11, 2003.
Mayor Walters asked Ms. Murray when her start date is for this project and Ms. Murray responded that
she will start as soon as she can.
Commissioner Guglietta commented that he received an e-mail from Mayor Crispen from a resident regarding
what will be happening to the old building and that he asked Wendy if she offered this building to the Town
and she responded that some four (4) months ago when she received a demolition permit. Commissioner
Guglietta stated that he did not hear until recently that the Town was offered this building and that he is
concerned about it. Commission Guglietta stated that if the Town knew, we may have made an attempt
to save this building from being demolished and that he is quite concerned that it was offered and the
Town Manager heard it and never heard that the building was offered to the Town Commission. Commissioner
Guglietta commented that this is a shame that we cannot save this building.
Commissioner Wilson commented that he knew the house had been offered, but we have so much trouble
deciding what we are going to do with the Ryckman House he asked himself if we need another building to
take care of. Commissioner Wilson asked if the house has any historical significance? It’s old, but he does
not know where we would put it,
Commissioner Price commented that the Town does not need the additional burden and suggested that the
materials from this house could be used to bring the Ryckman House to standard. Commissioner Price stated
that this is a legitimate proposal and the neighbor wants a 60-day postponement, however he is not convinced
that this will give the resident anything more than he now has. Commissioner Price stated that he thinks that
the Planning and Zoning Board has made every effort to consider the needs of privacy through the buffers and
the project has been presented based on our existing code.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON THAT THE TOWN COMMISSION
APPROVE THE FINAL SITE PLAN FOR SOUTH ISLAND CONDOMINIUM AT 406-410 OCEAN AVENUE
ATTACHING ALL OF THE DRAWINGS AS SPELLED OUT BY OUR TOWN ATTORNEY AND INCLUDING
ALL OF THE CONDITIONS SET FORTH BY THE PLANNING AND ZONING BOARD.
VOTE: ALL AYES. MOTION CARRIED.
III. PRESENTATIONS BY SPECIAL GUESTS:
A. GAIL JONES, OUTLAW AND JONES TO PRESENT OAK STREET PEDWAY PLANS FOR APPROVAL.
Gail Jones, Outlaw and Jones presented the final plans for the Oak Street Pedway Project and advised that he
has held two (2) public meeting with the residents to gather input and concerns regarding the project. Mr. Jones
advised that other factors that have been considered in the project design are the Florida Department of
Transportation standard criteria, Brevard County criteria as the pedway is located in their right-of-way, and
ultimately the safety of the bicycling and walking public. Mr. Jones reviewed the path the pedway will follow
and advised that the pedway will by 5 feet wide at points and 8 feet wide in other areas and will meander
along and avoids vegetation, hedges and trees that are planted in the right-of-way, where possible. Mr. Jones
reviewed improvements to be performed under a project to be completed by Brevard County under a separate
project, which will merge into the pedway project. Mr. Jones advised that the project has incorporated a
minimal amount of drainage improvements a First through Sixth Avenues and through to Orange Street,
only the parts that are necessary so that the pedway does not have to be torn up again. Mr. Jones
advised that he will need approval from the Town Commission before he can move to final phase, permitting
and bidding of this project.
Commissioner Guglietta stated that there is a memorandum addressed to the Town Manager which is an
estimate of construction costs of drainage improvements for the Oak Street pedway. Commissioner
Guglietta asked if this cost is incorporated into the site plan? Mr. Jones stated that those costs of
approximately $60,000 are shown on the plans now. Commissioner Guglietta asked if this cost is in
addition to the County Impact Fee award money of $297,021.18? Mr. Jones advised that it is.
Commissioner Guglietta stated that this $57,369.40 will have to come out of the Town’s stormwater
utility? Mr. Jones verified that this has been his discussion with the Town Manager. Commissioner
Guglietta asked if all of the residents concerns have been addressed in this plan? Mr. Jones advised
that they have been addressed, but not been formally sent back to the residents and we have not met
with them again and the intention was to move forward with the project and try to work any issues out
with the residents.
Mayor Walters stated that Mr. Jones is asking for approval to continue and asking for an additional fee
of $4,500 and there are additional costs involved and there is nobody here to tell us where that money
is going to come from or if we even have that money as the budget shows there is $15,000 available for
stormwater repairs and improvements.
Commissioner Price asked how minimal the drainage work will be and how this will it immediately solve
any of the problems we are having with flooding? Mr. Jones responded that it means that in the masterplan
for everyone of the intersections mentioned, it calls for a drainage inlet on all four corners of that intersection
and for sections of perforated pipe to be between those drainage inlets and the purpose is to collect the water,
put it into the soil to recharge the water table, but the big factor is that it keeps pollutants from going into the
Indian River Lagoon. Mr. Jones stated that he plans to minimize it by only putting them in on the east side
of the street and the west side can be put in at a later date. Commissioner Price stated that in effect, it will
have some impact on flooding and Mr. Jones advised it will pull the water away from the edge of the road
during your normal standard everyday rainfall event. Mr. Jones advised that the majority the problem
is that the grass is higher than the edge of the pavement and the water cannot get off the road and a part
of this project, down the east side only, will be to regrade and redirect the water to the inlets.
Mayor Walters stated that we do not have $57,000 and asked Mr. Jones what his time line is on this and
Mr. Jones responded that he is at the Town’s discretion. Mr. Jones responded that he is at the Town’s
discretion regarding this project the county has set aside $250,000 and he does not know of a set time
line for completion and that he understands that the Town can go back to the county for the remaining
balance between the $260,000 and the $296,000 and they indicated that they would probably be willing
to come up with that because they want this project done because it continues to complete part of their
countrywide pedway loop.
Commissioner Guglietta stated that if the Town Commission decides to start the process of getting the
permits and get a staff recommendation for the stormwater money. Mayor Walters stated that he is not
inclined to authorize this at this time.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON TO TABLE THE PEDWAY AGENDA
ITEM UNTIL THE DECEMBER 17, 2003 MEETING AWAITING MORE INFORMATION.
VOTE AFTER DISCUSSION, ALL AYES. MOTION CARRIED.
Connie Smith, 1908 Cedar Lane suggested that since the last citizens meeting, there were concerns
regarding the pedway being too close to a fence near her property that Mr. Jones and the Town hold
another meeting with the residents to see the final plans. Ms. Smith commented that the Town Commission
does not know if the money is available and they do not have a recommendation from the Town Manager so
there should be no problem delaying this and holding another public meeting.
Tom Macauley, 307 Surf Road asked what the width of pedway is because part is five (5) feet wide and part
is eight (8) feet wide. Mr. Jones advised that the pedway width is five (5) feet where the right-of-way on Oak
Street is 50 feet and where right-of-way is 100 feet, the pedway goes to eight (8) feet.
It was suggested that the Town contact each homeowner along the pedway project advising them of the meeting
date when it is scheduled.
Dave Micka, 323 Fourth Avenue commented that the Town Commission should delay this until they have a
recommendation from the Town Manager and hold an additional meeting to allow the citizens to review the
final plans.
Mayor Walters called for a break at 9:02 p.m. and the meeting was called back to order at 9:15 p.m.
B. ROCHELLE LAWANDALES, LAWANDALES PLANNING AFFILIATES -DISCUSSION AND POSSIBLE
ACTION REGARDING A PROPOSAL FOR RYCKMAN HOUSE HISTORIC PRESERVATION REHABILITATION
GRANT.
Rochelle Lawandales came forward and stated that at the Town Manager had requested that she provide a
proposal to submit a grant to the State of Florida by the December 15, 2003 deadline to repair the Ryckman
House. Ms. Lawandales advised that Gail Jones and a Structural Engineer have evaluated the facility. Ms.
Lawandales stated that maximum grant would be about $80,000 and it is a 50/50 match and a resolution
has been prepared if the Town Commission chooses to move forward.
Mayor Walters stated that the grant is to be a 50/50 match and Ms. Lawandales’ fee is not to exceed $1,500.
Commissioner Wilson asked how much is the projected cost to fix up the Ryckman House and it is to last
for how long? Ms. Lawandales responded that the building is good shape and is structurally sound and can
be attested to by the Building Official and Structural Engineer. Ms. Lawandales commented that it is not
designed to withstand 170 MPH winds. The repairs will include the siding, windows, flooring, and perhaps
jacking up the building as for how long it will last, she cannot tell.
Mayor Walters opened the meeting to public comment.
Frank Thomas, 606 Atlantic commented that it is disgraceful the fact that we are coming back to talk about
another grant to restore the Ryckman House at this time and if the State turns us down, it is because of the
Town not maintaining what we have. Mr. Thomas stated that he worked to rehabilitate this building from 1989
to 1994 and it is documented history. Mr. Thomas stated that the siding was replaced and windows were
replaced. Mr. Thomas pointed out that the old post office is another matter of maintenance neglect and the
Town cannot get a grant for everything, the Town needs to maintain its buildings.
Jan Futch, 806 Oak Street commented that as far as the Ryckman House is concerned the Town should get
young adults involved to maintain it, paint, plant flowers, etc.
Ellen Ginevra, 610 Mango Drive commented that the Town was established in 1883, and is Brevard’s Oldest
Beach Community and we like to think of ourselves as a historic little Town and the Ryckman House is
one of the four (4) original houses on Ocean Avenue built in 1889. Ms. Ginevra agreed with Mr. Thomas
and wondered why the Town would let money go down the drain rather than restore and keep the structure
restored.
Commissioner Guglietta commented that it was about 18 months’ ago when the Town Commission brought
it to the Town Manager’s attention to look at the Ryckman House and Post Office and he had started a
preliminary study and obtained a contract for termite treatments. Commissioner Guglietta stated that it
is a shame that this structure, a gift from a resident, has gone to waste in the last 10 years.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER WILSON TO TABLE DISCUSSION
REGARDING RESTORATION OF THE RYCKMAN HOUSE UNTIL THE TOWN COMMISSION RECEIVES
DIRECTION FROM THE TOWN MANAGER AND FUNDING IS DISCUSSED.
VOTE: ALL AYES. MOTION CARRIED.
RESOLUTION NO. 727
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AUTHORIZING
THE SUBMITTAL OF AN HISTORIC PRESERVATION GRANT APPLICATION FOR THE REHABILITATION
OF THE HISTORIC RYCKMAN HOUSE; PROVIDING THE REQUIRED FUNDING MATCH; AND PROVIDING
AN EFFECTIVE DATE.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER WILSON TO TABLE RESOLUTION UNTIL
THE TOWN COMMISSIONER RECEIVES A RECOMMENDATION FROM THE TOWN MANAGER REGARDING
THE RYCKMAN HOUSE GRANT.
VOTE: ALL AYES. MOTION CARRIED.
C. ROCHELLE LAWANDALES, LAWANDALES PLANNING AFFILIATES -STATUS REPORT ON
COMPREHENSIVE PLAN AND DISCUSSION AND POSSIBLE ACTION REGARDING CONTRACT
UPDATE.(TABLED OCTOBER 22, 2003)
Rochelle Lawandales, Lawandales Planning Affiliates stated that she was requested to give a status on three (3)
projects she has been working one: The Ocean Avenue Town Center plan and code, which with some modifications
is ready to be formulated into an ordinance for public hearings before the Planning and Zoning Board and Town
Commission. Ms. Lawandales stated that the Town Center Code reflects architectural and historic integrity
of the Town and design features. Ms. Lawandales stated that the Comprehensive Plan has been reviewed by
the Planning and Zoning Board and held a joint workshop with the Town Commission in November 2002 and in
February 2003 to review changes made to the Comprehensive Plan and the Ocean Avenue Streetscape project,
along with discussions one the historic preservation issue. Ms. Lawandales stated that this has created a
plateau, as the Town has received the survey results from the Historic Preservation Survey and she is ready
to move to the public hearing process.
Ms. Lawandales stated that with the Ocean Avenue Streetscape project, she has been working with the
Florida Department of Transportation (FDOT) and Town Manager and they will be meeting with the FDOT
consultants to give them ideas for concepts and a preliminary plan ready in December and that she would
like to hold a meeting or workshop to receive input regarding the improvements. Ms. Lawandales stated
that she would like direction in terms of a date for this tonight. Ms. Lawandales stated that the Town was
awarded $186,000 received she was able to negotiate and be awarded $220,000 and after further
discussions with FDOT, we now have $250,000 to work with on the project. Ms. Lawandales
stated that there is a request to extend her services for the Town at this meeting also.
Mayor Walters stated that Lawandales Planning Affiliates is requesting to continue their services to the Town
and the projects include: Special Planning Projects, up to $5,000; Town Center Land Development Code, not
to exceed $1,500; Historic Preservation, not to exceed $3,000; Ocean Avenue Streetscape, not to exceed
$5,000 and anything additional, $75 per hour.
Commissioner Price verified the Ms. Lawandales is currently working under a contract. Ms. Lawandales stated
that the money close to running out and Town Manager has authorized her work on an hourly basis to continue
activities where there are still funding available. Commissioner Price commented that the Town Commission
will need to wait until the Town Manager is well and can update them on what his plans are.
Mayor Walters opened the meeting for public comment.
Alice Graham, 305 Fifth Avenue, asked if this Ocean Avenue corridor change the Comprehensive Plan because
the old plan seems to put the residents first with the services provided. Ms. Graham stated that she has seen
the plan and it will change a lot of things on Ocean Avenue. Ms. Graham stated that we are soliciting things
the people do not want in this Town and the Town should let the people know things are going to be changes,
we need a referendum on this.
Oxchitl Ross, 1106 Atlantic Street commented that she has a copy of the Ocean Avenue codes and it is
showing four-story buildings on Ocean Avenue and there will be a lot of change in density and it calls for
hotels and tourism. Ms. Ross stated that this code is making a little city like Celebration. The structures
show simulated wood siding with tin roofs and 50 foot tall buildings.
Gary Sack, 2004 Redwood Drive, Planning and Zoning Board Chairman commented that he has been on the
Planning and Zoning Board for six (6) or seven (7) years and most people have been on the board for years
and all of us spent a great deal of time volunteering to try to do our tasks according to the Land Development
Code of this Town. Chairman Sack commented that we have been working on the Town Center Code for
three (3) years and, for anybody to suggest that this is some lightening bolt out of the sky is nonsense.
Chairman Sack stated the Board would like direction to either proceed or not proceed with this Town
Center Code. Chairman Sack stated that the concept was to try to make a Town Center West and a
Town Center East Code, to provide a plan for the future when outdated buildings are updated get an idea
of what they will look like and provide a corridor with a style consistent with an architecture consistent
with the Town Municipal Center. Chairman Sack asked what does the Town Commission want the
Planning and Zoning board to do?
Ann Downing, 801 Pine Street commented that a couple of people have said that the Town is going to hire
somebody to look into tourism for Melbourne Beach. The Town Commission advised that they have not
heard anything of this.
Tricia Riemer, 607 Riverside Drive commented that she went to great lengths to preserve her building across
the street to make sure it stayed within the Town Center Code by putting on a tin roof and replace the siding
rather than putting stucco on it. Ms. Riemer stated that the Town Center Code is ideas only at this point
and it does need to be addressed.
Commissioner Wilson commented that the two trains-of-thought in this Town is that one doesn’t want anything
to spruce up and tourists and the other want things to look nice and there is nothing wrong with either side of
these thoughts.
Commissioner Price commented that he had heard a lot of people come to the podium and voice fears about
change, which is the only thing constant in life. Commissioner Price commented that people want Melbourne
Beach to stay the same, to protect our way of life and he stated that those who would not support strengthening
the existing business and residents, is setting us up for the person with the big pocket book to take over.
Commissioner Price stated that the Town needs specific documentation regarding our codes.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER WILSON TO EXTEND THE MEETING
UNTIL 10:30 P.M.
Gail Goudy, 215 Ash Avenue commented that she disagrees with Commissioner Price and that she believes
change in inevitable, but because of the changes being proposed to the citizens, we are being made to be
activists and will fight to preserve what we can. Ms. Goudy referred to a brochure from a Planning and Zoning
Board workshop regarding the Town Center Code and tourist development. Mayor Walters tried to reassure
Ms. Goudy that the Town Commission has decided that 28 feet is 28 feet regarding height in this Town and
that this Town Commission will not do anything to drastically change this community. Mayor Walters advised
Ms. Goudy that she is worrying over something that has been recommended to the Town Commission yet.
Commissioner Price stated that the Town Commission should not have to deal with recommendations such
as this before they come to us.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER WILSON TO TABLE ROCHELLE LAWANDALES
CONTRACT UNTIL A RECOMMENDATION IS RECEIVED FROM THE TOWN MANAGER.
VOTE: ALL AYES. MOTION CARRIED.
V. NON-SCHEDULED CITIZEN COMMENTS (3-MINUTE LIMIT PLEASE)
Cheryl Schmidt, 321 Avenue B commented that she is concerned with the Town Commission as there is no
majority vote and we are short a commissioner. Ms. Schmidt asked that the Town Commission appoint
Trish Riemer and forego an election. Mayor Walters explained the procedure that the Town Commission
will follow to appoint or elect a Commissioner to fill the vacant seat.
Michael Fufidio, 205 Second Avenue, member of Civil Service Board, stated that he has been 37 years in
Law Enforcement and has been a Federal Air Marshall. Mr. Fufidio commented that he would like to speak
to article in Florida Today about the Police Chief. Mr. Fufidio commented that the Town Manager set up an
excellent panel to interview the applicants and explained the process. Mr. Fufidio asked that the Town
Commission let the Town Manager finish his job picking the Police Chief.
Alice Graham, 305 Fifth Avenue asked if there is a way to let people know what is going on in Town?
Commissioner Guglietta stated that he intends to hold a public open house and invite public discussion
with him the day prior to each regular meeting.
Molly Allenbaum, 415 Avenue B, asked the Town Commission to take into consideration Ms. Remark for
appointment to the Town Commission.
Betsy Baird, 1111 River Road commented that the Town bulletin board not lit at night.
VI. APPROVAL OF MINUTES: OCTOBER 9, 2003 SPECIAL MEETING AND
OCTOBER 20, 2003 WORKSHOP.
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER PRICE TO TABLE APPROVAL OF MINUTES.
VOTE: ALL AYES. MOTION CARRIED.
VII. REPORTS BY ANY TOWN BOARD OR COMMITTEE SUBMITTING A REPORT.
Donnie Price, Parks Board Chairman reviewed the plans for the annual Christmas Tree Lighting Ceremony.
Commissioner Price reported that the movie in the park this weekend will be “Ice Age” and that the Board
has extended calendar for three (3) more months into 2004. Chairman Price stated that the Halloween event
very successful this year.
Ann Downing, of the Williams Building Committee reported that the building is coming along and that
the next fund raiser will be an historic tour in March 2004. Ms. Downing asked for any comments from
the residents regarding ideas for the tour.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER TO EXTEND THE MEETING UNTIL 11:00 P.M..
VIII. OLD BUSINESS:
A. DISCUSSION AND POSSIBLE ACTION REGARDING SALARY INCREASE FOR TOWN CLERK.
(COMMISSIONER WALTERS) (TABLED OCTOBER 22, 2003)
Mayor Walters stated that he had asked what other department heads have received for a salary increase and
that he has not received this information and requested this be tabled.
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER PRICE TO TABLE ACTION ON THIS AGENDA
ITEM UNTIL THE DECEMBER MEETING.
VOTE: ALL AYES. MOTION CARRIED.
B. REPORT ON RESEARCH OF FUNDING FOR FIRE TRUCK.
Finance Manager Matthews stated that the tapes were given to the Finance Clerk on Monday evening and
she is still reviewing them and it is incomplete at this time.
Mayor Walters asked the Town Clerk if original tapes were taken out of Town Hall and Town Clerk Masny stated
that the Finance Clerk did take them home, but she brought them back this morning. Mayor Walters stated that
this is unlawful and asked how they were removed from the building and we had volunteers willing to review the
tapes. Ms. Matthews stated that the Finance Clerk reviewed the tapes at Town Hall, she did not take them home.
IX. NEW BUSINESS:
A. DISCUSSION AND POSSIBLE ACTION REGARDING FIRE TRUCK BID/LEASE.
Jim Hunter, Fire Chief stated that the Volunteer Fire Department has requested to go under the Lake County
bid for the Pierce fire truck because of the safety options on the truck. Chief Hunter stated that he has received
leasing options for the vehicle from Leasing 2 and Oshkosh Capital Chief Hunter stated that per his discussion
with the Town Manager, the department is recommending Option 3 and the total equipment cost will be $322,921.00.
Chief Hunter stated that they will require a down payment of $80,000 out of the Capital Reserve Fund and the
financed amount will be $242, 921.00 over a 10-year term, with the payment of $30,307.41. Chief Hunter stated
that the down payment will be paid upon delivery of the vehicle, with delivery in June or July of 2004 and the
annual payment will be made on October 31, 2004 out of next year’s budget.
Commissioner Price stated that we have had much discussion about this have been researching the monies
for the down payment and have accounted for $80,000 and the actual lease payments won’t go into effect
until the fiscal year 2004/2005 budget.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER GUGLIETTA TO ACCEPT OPTION THREE (3)
AND AUTHORIZE THE LEASE OPTION FOR THE FIRE TRUCK AS PRESENTED BY THE FIRE CHIEF.
VOTE: ALL AYES. MOTION CARRIED.
Connie Smith, 1908 Cedar Lane stated that she has no problem on the fire truck and stated that the packet
of research the Town Commission received on the monies is incorrect. Ms. Smith stated that she has
researched other items that will change those figures. Ms. Smith stated that she was also told that the
Finance Clerk had taken the original tapes homes and was going to review them. Ms. Smith stated that
she does not know how can she do a verbatim when she does not know the voices on the tapes. Ms.
Smith stated that she was told that the Finance Clerk was going to be paid overtime to do this. Ms.
Smith stated that she will be looking into this because as she told the Town Commission before, we
will find the money.
B. REPORT FROM BUILDING OFFICIAL REGARDING STATUS OF MEETINGS WITH TOWN
PLANNER REGARDING AMENDMENTS TO BUILDING HEIGHT CODES. (COMMISSIONER WILSON)
Commissioner Wilson stated that during the October 9, 2003 special meeting, the Town Commission requested
that the Building Official and Town Planner address the height issue to avoid the same situation as occurred
with the Hamilton residence at 501 Atlantic Street.
Building Official Munroe reported that the Town Planner did not really answer the questions he posed in his
letter, but gave some suggestions. Building Official Munroe reported that there are some gray areas and
discussed that there are different lots located in different parts of the Town and how each of the home heights
in the different areas are measured. Building Official Munroe suggested that if the Town wants to cap it at 18"
above the crown of the road and if anyone wants to exceed that, they have to go for a variance.
Mayor Walters stated that the Town Commission and residents want 28 feet and nothing to allow an exception.
Commissioner Price stated that the Town Manager should rewrite the height restriction to do away with the
adjustments and address where you begin the measurement.
Commissioner Wilson stated that the Hamilton house was in the Coastal Construction area and they had to
bring fill in to meet the insurance requirements of the Department of Environmental Protection. Commissioner
Wilson stated that the Town needs to find a way to make sure the contractors follow all of the Town Codes
for building and we need to tighten up building code.
Commissioner Guglietta commented that he agrees that the code needs to be corrected to give the Building
Official good guidance by tightening up the loop holes.
Commissioner Guglietta suggested that the Town Manager look into this and come back in 30 days with
another proposal to tighten up the codes.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER GUGLIETTA TO EXTEND THE MEETING UNTIL 11:15 P.M.
C. DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL A JOB DESCRIPTION FOR THE
FIRE DEPARTMENT MAINTENANCE WORKER POSITION.
Fire Chief Hunter stated that he discussed this very briefly with the Town Manager and to his knowledge this
has not gone to the Labor Law Attorney for review or if it needs to. Fire Chief Hunter stated that the job
description needs to be amended because the position responsibilities will need to change when a new
person is hired.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER GUGLIETTA TO TABLE THIS AGENDA ITEM
UNTIL THE NEXT MEETING.
VOTE: ALL AYES. MOTION CARRIED.
D. DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF A SUPPORT CONTRACT
WITH ARTEMIS INTERNATIONAL TECHNOLOGIES, INC.
Finance Manager Matthews stated that the in the past the Town has had the MIS 200 plan and stated that
she has taken over all of the software issues and the Town cut this contract in half for Artemis to maintain
the hardware issues and the telephone system.
Mayor Walters stated that he is leery of advancing $6,250 to Artemis International as in the year 2001 they
were not profitable and that it is a very young company and that he does not know the Town should advance
this funding.
Finance Manager Matthews stated that the Town has had a contract with Artemis International for several
years and they have lived up to their contract. Finance Manager Matthews stated that we have a good
working relationship with them and they have helped build our network and are familiar with it and it makes
good business sense unless you want to trash the network we have just built.
Mayor Walters stated that we cannot accept this because the contract is over $4,000 and we have to go to bid.
Town Attorney Gougelman stated that this is true, unless they are a sole source. Town Attorney Gougelman
pointed out that this is not a contract from Artemis International.
Susie Stark, 307 Fifth Avenue verified with the Finance Manager that the contract is for the IT and telephone
system. Ms. Stark suggested that someone check the contract for the telephone service and see if it was
part of that package to be sure that the Town is not getting an additional charge.
Jim Hunter, 321 Banyan Way commented that Artemis is a good company and that he also installs telephone
systems for a living and he has never asked a customer to give money up front
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER WILSON TO TABLE THIS AGENDA ITEM.
VOTE: ALL AYES. MOTION CARRIED.
E. DISCUSSION AND POSSIBLE ACTION REGARDING BREVARD COUNTY BOARD OF COUNTY
COMMISSION’S INTENT REGARDING ENFORCEMENT OF FLORIDA LAW CONCERNING THE ILLEGAL
SALE AND USE OF FIREWORKS.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON TO APPROVE TO SUPPORT THE INTENT
OF THE BREVARD COUNTY BOARD OF COUNTY COMMISSIONER’S INTENT REGARDING ENFORCEMENT
OF FLORIDA LAW CONCERNING THE ILLEGAL SALE AND USE OF FIREWORKS.
VOTE: ALL AYES. MOTION CARRIED.
F. APPOINTMENT OF A VOTING DELEGATE AND ALTERNATE VOTING DELEGATE TO THE SPACE
COAST LEAGUE OF CITIES TO SERVE JANUARY 2004 THROUGH DECEMBER 2004.
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER GUGLIETTA THAT COMMISSIONER PRICE BE
APPOINTED AS THE VOTING DELEGATE TO THE SPACE COAST LEAGUE OF CITIES TO SERVE
JANUARY 2004 THROUGH DECEMBER 2004.
VOTE: ALL AYES. MOTION CARRIED.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON THAT COMMISSIONER GUGLIETTA
BE APPOINTED THE ALTERNATE VOTING DELEGATE TO THE SPACE COAST LEAGUE OF CITIES TO SERVE
JANUARY 2004 THROUGH DECEMBER 2004.
VOTE: ALL AYES. MOTION CARRIED.
G. APPOINTMENT OF A REPRESENTATIVE TO SERVE ON THE SOUTH BEACHES COALITION
JANUARY 2004 THROUGH DECEMBER 2004.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER GUGLIETTA TO APPOINT COMMISSIONER
WILSON AS THE TOWN’S REPRESENTATIVE TO SERVE ON THE SOUTH BEACHES COALITION TO SERVE
JANUARY 2004 THROUGH DECEMBER 2004.
VOTE: ALL AYES. MOTION CARRIED.
X. REPORTS:
A. TOWN ATTORNEY
B. TOWN MANAGER
There was no Town Manager report.
C. TOWN COMMISSIONERS
There were no Town Commissioner’s reports.
D. GENERAL COMMISSION DISCUSSION (TIME PERMITTING)
There was no general Commission discussion.
XI. ADJOURNMENT
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The regular meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 11:20 p.m.
____________________________________
STEVEN O. WALTERS, 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.
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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