TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - WORKSHOP
****************************************************************************************************
Wednesday
January 7, 2004
COMMUNITY CENTER
***********************************************************************************************************************
A workshop of the Town Commission of the Town of Melbourne Beach, Florida was called to order by
Mayor Walters at 7:01 p.m. on Tuesday, January 7, 2004 in the Community Center. Mayor Walters also led
the Pledge of Allegiance
Present:
|
Mayor Walters
Commissioner Guglietta
Commissioner Price
Commissioner Stacey
Commissioner Wilson
|
Others Present:
|
Town Attorney Gougelman
Building Official Munroe
Fifteen members of the public
Town Clerk Masny
|
DISCUSSION OF POLICE CHIEF SELECTION PROCESS AND ELIGIBILITY LIST
Mayor Walters stated that in December, the Town had an eligibility list of candidates for the Police Chief position
and had made an offer to a Mr. Harrison, who had accepted the offer, with some exceptions and the then Interim
Town Manager, Connie Smith had interviewed him and others. Mayor Walters stated that his concern is that he
has seen an advertisement in the Florida League of Cities Datagram and the Police Chiefs web site and that the
Town has new ads running. Mayor Walters stated that the Town Attorney needs to give guidance on this. Mayor
Walters asked Town Attorney Gougelman what is the Town’s responsibility because an offer is out, and the offer
has been accepted, with the exceptions of a contract and moving expenses that were requested by Mr. Harrison?
Town Attorney Gougelman stated back in November when questions were raised about how to hire a Police Chief,
he recommended that the Town send out a letter immediately to the top candidate, and, since that time there were
negotiations back and forth. Town Attorney Gougelman stated that some type of offer was made and it was
contingent on achieving a number of different things and the response from the applicant was that was all well
and fine, but he wanted some other things, such as a contract and so on and so forth and this is a counter offer
and the law will look at it that this negates the original offer. Town Attorney Gougelman advised that he does
not think the Town has an obligation to go forward with this applicant. Town Attorney Gougelman stated that
the Town needs to communicate with him. Town Attorney Gougelman stated that the Town will have a new
manager with the resignation of interim manager and the Police Chief will be working for the new manager.
Town Attorney Gougelman stated that the Town can try to salvage what is there, or can close the book and
move forward and proceed with readvertising, and if the existing candidate tries to initiate legal action on a
vested right to the position, the chances are he not prevail on the issue. Town Attorney Gougelman stated
that he has discussed this with the Town’s Labor Law Attorney and he is of the same opinion.
Mayor Walters asked if the Town has voided the eligibility list by readvertising the Police Chief position? Town
Attorney Gougelman responded that he does not know that the Town has officially voided it, but clearly, why
would you readvertise if the list wasn't voided? Mayor Walters commented that there were different requirements
in the two (2) advertisements, one (1) required a Bachelor’s degree and the other says it is preferred and one (1)
advertisement lists the starting salary at $47,287 and the other gives a salary range of $47,000 to $66,000.
The Town Commission discussed that the Town Attorney notify the final candidates for the Police Chief position
from the last advertisement as to the status of the position.
Vice Mayor Guglietta pointed out that he would like to see an advertisement similar to the one ran by the former
Town Manager Bill Hoskovec, the one that included a closing date of July 1, 2002, with the exception of inserting
a salary for the position. Vice Mayor Guglietta stated that former Interim Town Manager Smith advised him that
she interviewed the three (3) finalists for the Police Chief position and she felt that they would not be good
candidates for the position.
After public comment and additional Town Commission discussion, it was decided that the new advertisement for
a Chief of Police be pulled from further advertising.
IT IS THE CONSENSUS OF THE TOWN COMMISSION TO CONTINUE THE PROCESS OF HIRING A POLICE
CHIEF AFTER THE NEW TOWN MANAGER IS HIRED AND THAT THE TOWN ATTORNEY DOES NOT HAVE
TO SEND A LETTER OUT AS PREVIOUSLY DISCUSSED.
CONTINUED DISCUSSION OF BUILDING CODES AND ZONING ISSUES
Mayor Walters stated that he had a concern after he received a telephone call from a resident of Sunset
Boulevard regarding an older home next to him with a fireplace and the sparks are going onto his roof and
he considered this to be dangerous as there is nothing in the code to require a cap or filter on the chimney.
Mayor Walters asked Building Official Munroe to explain the situation.
Building Official Munroe stated that the resident was more concerned about the smoke because he has
breathing problems and there is an ordinance about nuisances, obnoxious odors, noise and light and the
ordinance says if you are creating a nuisance to your neighbor, you could be cited. Building Official Munroe
stated that the letter was written, but the Interim Town Manager decided that this only dealt with businesses
and not with individual residences and the letter is still waiting for someone to sign it and send it out. Building
Official Munroe stated that he feels the resident has a legitimate gripe and the Town should do something about this.
Town Attorney Gougelman stated that we are referring to Section 49-12 and reviewed the wording with the Town
Commission and stated that the Town has the ability to cite the offender and take them before the Code
Enforcement Board. Town Attorney Gougelman commented that a lot of times when you have a neighbor
being obnoxious to another, they say that they will go to the Town to take action so that they don’t have to
pay for an attorney and advised that the Town could try prosecution under Section 49-12 and take them to
code enforcement or suggest that he address this in the courts.
Vice Mayor Guglietta suggested that the Town Planner work on this section of the code and also on Page 173,
Section (5)a. and commented that this section needs to be updated. Town Attorney Gougelman stated that
Section 5A has a variance procedure to build seaward of the Coastal Construction Control Line. Vice Mayor
Guglietta stated there is a house on Atlantic Street with plans for a remodeling project of an existing structure
and that there was a previous discussion at the joint workshop held with the Planning and Zoning Board two (2)
days ago regarding a pre-existing non-conforming structure. Vice Mayor Guglietta asked Building Official Munroe
if the homeowner can add onto a pre-existing non-conforming structure? Building Official Munroe stated that
they can, but the code says you cannot increase a nonconformity and the way he interprets the ordinance,
and he has discussed this with a title company and they concur, that if the house was built prior to 1972 and
the side setback is less than what our present-day ordinance requires, that is the full length setback on that
side of the house. Building Official Munroe stated that if they want to go closer to the property line, then they
will need a variance for that.
Vice Mayor Guglietta asked Town Attorney Gougelman if this is correct and Town Attorney Gougelman stated
that the Zoning Official, under the code, interprets the code and that is what his interpretation is.
The Town Commission heard public comment regarding existing non-conforming structures.
Mayor Walters asked Building Official Munroe what the Town can do for him to make his job easier to make
decisions and help the Town enforce the codes? Building Official Munroe stated that he approved an extension
of a seawall on the beach access at Third Avenue and DEP threatened to take the Town to court when all the
property owner wanted to do was protect his seawall at the advice of the contractor to keep the sand from
filtering around and destroying the existing part of the seawall.
Commissioner Price commented that the Town needs to put people in positions and have them understand
what the Town is about, give them the responsibility to make decisions, and support them when they make
those decisions. Commissioner Price stated that we need communication to these people so that they will
make decisions that the Town Commission supports for the Town.
Commissioner Wilson stated that he would like to discuss a house in Town with an apparent change in design
and the fact that we have not had the Building Official look at it as he maintains that he has to be invited to go
onto the property in order to take a look at the situation. Commissioner Wilson stated that he wanted to get a
consensus from the Town Commission to direct the Town Manager to direct the Building Official to get permission
to go onto the property to look into the situation. Mayor Walters stated that if you are building a new home and
have a building permit, and the Building Official’s job is to inspect that home as it is being built, why the Building
Official cannot go onto the property to do his job without the permission of the owner.
Town Attorney Gougelman stated that he has never researched the issue nor has he heard it come up before
because if you want a Certificate of Occupancy, the only way is if the Building Official inspects and makes sure
the construction is compliant with the approved plans and codes.
Jack Hamilton, 303 Sunset Boulevard came forward and stated that he assumes the Town Commission is talking
about his house and stated that the Building Official has been over to the house a dozen times and that he has
no problem with him coming back to the house and that he does not know what the Commission is talking about.
Mayor Walters stated that the Building Official is going to Mr. Hamilton’s house as an official of the Town to do a
specific task, and now there is a controversy as people are saying that the plans have been changed and the
Building Official has said that the plans have been changed, and now we are looking to see if the plans have
been changed or if this is another rumor.
Mr. Hamilton asked what the controversy is? Commissioner Wilson stated that on the original submission of the
plans for the widow’s walk, the widow’s walk went the complete length of the roof line and apparently on the
plans that he saw, that the Building Official had, the widow’s walk had been shortened by approximately 25 feet
on each end of the home. Mr. Hamilton stated that this is not true and Commissioner Wilson stated that this
is what we are asking the Building Official to look at. Mr. Hamilton stated that this would not be a problem.
Commissioner Price stated that the Building Official told us at the meeting that he did not know and he could
not go and look at it because he is prohibited from seeing the property and we thought it was kind of outlandish
that he was the Building Official and he could not go and see the property. Mr. Hamilton agreed with
Commissioner Price and stated that it was mis-communication.
Mrs. Hamilton stated that they were told by the builder that Commissioner Wilson asked the Building Official
to ask us to let the whole Commission come into our house on both floors and that’s when we said no. Mrs.
Hamilton stated that the Building Official has been in our house many times and we are not hiding anything.
Mr. Hamilton commented that he invited all of the Town Commission members, except for Commissioner Wilson.
Mayor Walters stated that the Building Official will go check the house and give the Town Manager a report.
Mayor Walters stated that we need to appoint an Interim Town Manager and suggested that the Town Commission
review resumes and meet next Tuesday to appoint someone.
Vice Mayor Guglietta stated that he talked to the Town Attorney and asked if he had anybody who we could
ask to be Interim Town Manager and he gave the name of Mr. Taylor, who is present, and who has been the
City Manager of Vero Beach until just recently. Vice Mayor Guglietta stated that he contacted Mr. Taylor and
asked him to send a resume and attend this workshop.
Mr. Rex Taylor came forward and stated that the Town Attorney contacted him this afternoon and asked him to
consider coming to this workshop and talking to the Town Commission regarding the interim position. Mr. Taylor
stated that he sees his role would be to help keep things functioning and assist in the recruitment process for a
new Town Manager. Mr. Taylor sated that one of the restrictions he has is that he has some continuing obligations
with the Florida Municipal Power Agency and with the Innovation Group, and if the Town Commission would like
him to work with the Town, this would have to be considered on a part time, interim basis. Mr. Taylor stated
that some weeks he could spend all five (5) days and some weeks only three (3) days. Mr. Taylor commented
that he could come up Friday and meet with Town Commission and put something together.
IT IS THE CONSENSUS OF THE TOWN COMMISSION TO MEET WITH MR. TAYLOR ON TUESDAY AFTERNOON
TO MEET INDIVIDUALLY WITH MR. TAYLOR AND BRING OTHER IDEAS FOR AN INTERIM TOWN MANAGER AND
THEN MEET TUESDAY EVENING AT 7:00 P.M. AT A SPECIAL MEETING TO DISCUSS MR. TAYLOR AND ANY
OTHER CANDIDATES FOR THE INTERIM TOWN MANAGER POSITION.
Susie Stark, 307 Fifth Avenue came forward and stated that this topic is not listed on this agenda and this
seems to be a major issue and the Town Attorney has discussed previously that you can’t just take action
on things that are not on the agenda, unless it is of a minor nature.
Town Attorney Gougelman responded that this is appropriate because no formal decision is being made,
the Town Commission is not appointing Mr. Taylor tonight, it is more administrative in nature and the decision
will be made Tuesday evening. Town Attorney Gougelman clarified that the Town needs someone to fill in as
an Interim Town Manager while the Commission is going through the process of hiring a permanent Town Manager.
Town Attorney Gougelman stated that Mr. Taylor was also recommended by the City Manager of Melbourne, who
speaks very highly of Mr. Taylor and his professionalism and experience as a Town Manager.
Commissioner Price stated that there may be an issue raised that we are giving this potential candidate for
Town Manager of Melbourne Beach head’s up on all the other applicants and asked Mr. Taylor if he is at all
interested in becoming the permanent Manager of the Town of Melbourne Beach and Mr. Taylor replied, “No sir.”
Susie Stark, 307 Fifth Avenue stated that she feels better after hearing this discussion because with a
Commissioner asking the advice of the Town Attorney, who then made a recommendation and that she
wanted to make sure we did not have anybody taking unilateral action.
ADJOURNMENT
There being no further discussion, the workshop adjourned at 9:05 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.
|