TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - REGULAR MEETING
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WEDNESDAY
February 20, 2002
TOWN HALL - COMMISSION ROOM
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A regular meeting of the Town Commission of the Town of Melbourne Beach, Florida was called
to order by Mayor Wille at 7:05 p.m. on Wednesday, February 20, 2002 in the Commission Room
at Town Hall. Mayor Wille also led the Pledge of Allegiance to the Flag.
Present:
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Mayor Wille
Vice Mayor Smith
Commissioner Crispen
Commissioner Guglietta
Commissioner Walters
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Others Present:
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Town Attorney Gougelman
Interim Town Manager Masny
Interim Police Chief Bailey
Amy Adams, Cape Canaveral
Scientific, Inc.
Barbara Meyer, Brevard County
Gail Jones, Outlaw and Jones
15 to 20 Town Residents
Interim Town Clerk Wiley
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I. APPROVAL OF MINUTES: SEPTEMBER 5, 2001 SPECIAL MEETING, SEPTEMBER 19, 2001 BUDGET
PUBLIC HEARING AND SEPTEMBER 19, 2001 REGULAR MEETING
Commissioner Walters had asked to table the September 5, 2001 Special Meeting minutes as he thought something
was missing from the minutes. He referred to Amy Adams comments concerning Diane Reese who had sold her home
and had two acres of native plants that she wanted to donate to the Town and that Jeanne Allen might want to coordinate
with Diane to obtain these plants for Loggerhead Park Preserve as the missing information.
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER GUGLIETTA TO APPROVE THE MINUTES OF
SEPTEMBER 5, 2001 SPECIAL MEETING, SEPTEMBER 19, 2001 BUDGET PUBLIC HEARING AND SEPTEMBER
19, 2001 REGULAR MEETING AS WRITTEN. VOTE: ALL AYES. MOTION CARRIED.
II. PRESENTATIONS - SPECIAL REQUESTS
A. TOWN BOARD AND COMMITTEE REPORTS - DISCUSSION AND POSSIBLE ACTION
Chairman Donnie Price and Vice Chairman Lori Wille from the Parks Board came forward to respond to the background
information in the agenda packets. The first item Vice Chairman Wille addressed was the recommendation for benches
in Ryckman Park, the description of the benches from Maglin Furniture Systems Ltd. and discussed the quote of $5545.00,
which would be for six benches. Vice Chairman Wille said that the Parks Board was looking for donations for the extras
including the swings and benches and she reported that the Rotary Club donated $1500 with more to be given after
Founders Day and Phil Levine offered to donate a collector car for auction or sale. Vice Mayor Smith asked if the Parks
Board had reviewed the information presented by Vince Powers, Public Works Director concerning PRIDE benches.
Vice Chairman Wille explained that it had been mentioned at the Parks Board meeting but the Board really wanted to
create an atmosphere and felt that a decorative bench would fit in better with the new equipment and restrooms.
Vice Mayor Smith commented upon the Park being over budget and Vice Chairman Wille explained about various
aspects of the funding and budget. Ultimately, Vice Chairman Wille expressed that the Board hoped that the swings
and the benches would be covered by donations. Commissioner Guglietta pointed out a comparison of the cost of the
Maglin benches versus the cost of the PRIDE benches and he asked if the Board would reconsider their recommendation.
There was discussion concerning the quantity and quality of the various benches in question as well as various aspects
of recognizing donors and having donation items that people would be proud to have helped purchase. Commissioner
Walters was also concerned about the amount of the benches and asked if time-wise they could wait and see how
much could be raised by donations.
Parks Board Member Tom Macaulay reported on the research he had done concerning various companies, materials
used to construct the benches, style, warrantees and other comparisons. More discussion followed. Mayor Wille
stated that he sensed that the Commission was interested in obtaining the best but they were concerned about the
budget and suggested that the Parks Board monitor the entire project and their funding raising efforts and bring more
information back to the Commission so that they can better assess the project. Mayor Wille expressed the
Commission's appreciate for all the Parks Board had done.
Vice Chairman Wille then addressed the second item concerning the Parks Board's input concerning changes made to
the Park once the current project is completed so that the Parks Board's vision the park will continue. Vice Mayor Smith
referred to the motion presented to the Commission in that the Parks Board is an advisory board and it is the Commission
that approves so she would like to see the wording of the motion reflect that.
COMMISSIONER CRISPEN MOVED, SECOND COMMISSIONER WALTERS TO APPROVE THE PARKS BOARD
RECOMMENDATION THAT ANY CHANGES MADE TO ANY PARK FROM THIS TIME FORWARD BE BROUGHT TO
THE PARKS BOARD TO ACCESS THE IMPACT.
VOTE: ALL AYES. MOTION CARRIED.
Vice Chairman Wille then asked the Commission how they would like the dedication of the Ryckman Park handled
on Founders Day. The Commission felt that as the Parks Board had done all the work, they could also have the
honor to organize it. Vice Chairman Wille will notify the Commission of the plans once they are completed.
The final item the Parks Board wanted to cover was the possibility of closing Riverside Drive/Ocean Avenue from
Avenue A to Pine Street all day during Founders Day. Mayor Wille suggested that they come back with a
recommendation after the Board has discussed it with the Police Department. Member Betsy Baird said that
she had discussed it with the Police Department and further discussion followed among the Commissioners and
Board members.
Sheryl Alberga, Chairman of the Williams Building Committee came forward and thanked the Commission for sponsoring
their trip to Tallahassee and to report on the meeting in regards to the Town's grant-in-aid request to the Florida Department
of State, Division of Historical Resources and Historical Museums Grants-in-Aid. Chairman Alberga explained that the
competition was tough and only 12 of 24 projects were funded with the Town's in the last 12, therefore the grant was not
funded. Chairman Alberga said that three of the five panelists rated the project quite high and the other two felt the project
was too small and that a professional museum designer was not working with the Town. Chairman Alberga said that
Senator Futch was unable to attend but he did send a letter with them for the panel. Chairman Alberga also mentioned
that a relative of Ruth Ryckman was visiting the Town next month and she wanted to donate some items to the Town
and Eva Swindall had some items that she wanted to be displayed in the Ryckman House. Chairman Alberga again
asked the Commission to think about completing the Ryckman House so these items could be housed there.
Interim Town Manager Masny mentioned that Jeanne Allen of the Environmental Advisory Board had written the
Commission a memo with an update of the Loggerhead Park Preserve and that was included in their mail.
B. TOWN BOARD APPOINTMENTS, REAPPOINTMENTS & RESIGNATIONS
Interim Town Clerk Wiley presented the resignation letters of Ed Misleh and Jeanne Allen via the agenda packet.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER CRISPEN TO ACCEPT WITH REGRET THE
RESIGNATIONS FROM SERVICE OF ED MISLEH FROM THE CIVIL SERVICE BOARD, THE ENVIRONMENTAL
ADVISORY BOARD AND THE CODE ENFORCEMENT BOARD AND JEANNE ALLEN FROM THE CIVIL SERVICE
BOARD.
VOTE: ALL AYES. MOTION CARRIED.
Interim Town Clerk Wiley explained that Certificates of Appreciation would be given to Mr. Misleh and Ms. Allen both of
whom were unable to attend the Town Commission meeting.
Applicants for the Civil Service Board were presented by Interim Town Clerk Wiley and the following motion was made:
COMMISSIONER CRISPEN MOVED, SECOND COMMISSIONER GUGLIETTA TO APPOINT ALTERNATE MEMBER
MICHAEL V. FUFIDIO TO MEMBER OF THE CIVIL SERVICE BOARD WITH A TERM DATE OF FEBRUARY 20, 2002
TO FEBRUARY 20, 2006 AND TO APPOINT MARTHA M. REMARK TO FIRST ALTERNATE MEMBER OF THE
CIVIL SERVICE BOARD WITH A TERM DATE OF FEBRUARY 20, 2002 TO FEBRUARY 20, 2006.
VOTE: ALL AYES. MOTION CARRIED.
Applicants for the Environmental Advisory Board openings were presented by Interim Town Clerk Wiley. The following
motion was made:
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER CRISPEN TO APPOINT GEOFF CARTER TO THE
ENVIRONMENTAL ADVISORY BOARD AS A MEMBER WITH A TERM DATE OF FEBRUARY 20, 2002 TO
FEBRUARY 20, 2005 AND TO APPOINT PHILLIP VENANZI TO THE ENVIRONMENTAL ADVISORY BOARD
AS ALTERNATE NUMBER ONE WITH A TERM DATE OF FEBRUARY 20, 2002 TO FEBRUARY 20, 2005.
VOTE: ALL AYES. MOTION CARRIED.
Interim Town Clerk Wiley then presented a recommendation concerning the Code Enforcement Board appointments.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER WALTERS TO APPOINT ALTERNATE MEMBER
HUGH NICOLAY TO MEMBER OF THE CODE ENFORCEMENT BOARD WITH A TERM DATE OF FEBRUARY 20, 2002
TO APRIL 18, 2004 AND TO APPOINT MARTHA REMARK AS ALTERNATE NUMBER TWO OF THE CODE
ENFORCEMENT BOARD.
VOTE: ALL AYES. MOTION CARRIED.
C. GRANT ADMINISTRATOR AMY ADAMS, DISCUSSION & POSSIBLE ACTION REGARDING FUNDING
FOR REPAIRS TO THE MELBOURNE BEACH MUNICIPAL PIER
Amy Adams, Cape Canaveral Scientific, Inc. and grant administrator came forward to update the Town Commission
on the current situation of state/federal funding and why the Town would not receive grant funding of the National Scenic
Byways grant. She explained a process where the Town, because it was on the National Scenic Byways grant list, could
submit a special form to the Federal Government for appropriations from a "Special Project Category" fund and thus the
Town might possibly be approved for funding by the end of May but the actual monies would not be awarded until perhaps
October. This form would need to be completed before March 1 and sent to Senator Nelson and Representative Weldon.
Ms. Adams then went over the monies that the Town current had and that information was included in the Interim Town
Manager's February 15, 2002 agenda memo to the Town Commission. Ms. Adams explained that the current cost of the
project would probably be around $350,000 but that would include the railing system. Ms. Adams also explained the
requirements that the Town must follow because the pier is on the National Historical Register and state funding would
be included in the re-construction of the pier. There was discussion concerning how historical the cable railing system
was and if anyone remembered ever seeing pictures of the pier with this system although there was a picture taken in 1982
showing the cable rail system. Ms. Adams responded to Commissioner Crispen's inquiry as to why the Town needed to
follow the National Historical Registry's criteria and explained the lobbying that had been done concerning the subject of
cable railing system.
Mayor Wille inquired about the status of the work Outlaw and Jones had been authorized to do and Interim Town Manager
Masny replied that they had completed Tasks One and Two on the engineering drawings and the next task, Task Three,
would be the preliminary design and plans with a structural engineer to inspect the pier, complete specifications and bid
documents. She commented that once the Town received a bid and then knew the amount of the reconstruction, the
Commission could review the budget closer as the figures at this point are approximations.
Ms. Adams confirmed with the Commission that Jerry Sansom would be the lobbyist for the dealings in Washington and
he would follow through with the appropriations request and she was told this was the case. Ms. Adams also said that a
representative of the Town needed to meet with representatives of Senator Nelson's and Representative Weldon's Florida
offices to go over the project with them.
COMMISSIONER CRISPEN MOVED, SECOND COMMISSIONER GUGLIETTA TO AUTHORIZE THE INTERIM TOWN
MANAGER TO PROCEED WITH THE COMPLETION OF THE CONGRESSIONAL APPROPRIATIONS REQUEST
FORM REQUESTING MONEY OUT OF THE DEPARTMENT OF TRANSPORATION'S BUDGET AND TO AUTHORIZE
OUTLAW AND JONES, INC. TO CONTINUE WITH TASK 3.
VOTE: ALL AYES. MOTION CARRIED.
Ms. Adams also noted that Department of Environmental Protection 319 discretionary funds were available in July
and wondered if the Town was interested in pursuing this. Mayor Wille suggested that Ms. Adams check with the
Interim Town Manager to discuss the feasibility of any action to be recommended.
D. PRESENTATION BY BARBARA MEYER, BREVARD COUNTY BICYCLE-PEDESTRIAN SAFETY
COORINATOR TO ALLOW FOR THE CONSTRUCTION OF A PEDWAY/SIDEWALK ON OAK STREET
Barbara Meyer commented that she was present that evening to bring the Commission up-to-date on some of things that
were occurring and not to tell them what to do. She explained that in 1994 the Transportation Impact Fee Committee
worked with the Town and Ed Washburn, who was the current Town Manager, and designed an eight-foot pedway or area
for pedestrians, bicyclists, skateboarders and others along Oak Street down to Flutie Park. When 60% of the plans had
been completed, the plan was presented in 1995 to the Town Commission who decided not to move forward with that
project but to switch attention and funds to sidewalks on Ocean Avenue. Ms. Meyer then mentioned the construction
of the traffic signal and new library with a gap still existing in the system on Oak Street. At the last Impact Fee
Committee meeting, the Town of Melbourne Beach requested the Committee reconsider putting paved shoulders
along the roadway to accommodate pedestrians and bicyclists. The Committee thought that rather than putting
shoulders on the street, sidewalks or a pedway would be the type of facility the majority of people walking or bicycling
would prefer especially with speeding being a problem. The Committee would reconsider allocating the money if the
Town would reconsider the sidewalk/pedway or other sidewalks in the area and therefore money was put aside to await
the Town's decision. Ms. Meyer said that she would be happy to answer any questions and at a later time go over with
staff and concerned residents anything they would like to discuss or review. Ms. Meyer agreed that they could be facilities
on Sunset Boulevard or Cherry Drive that could be approved.
There was discussion on the pros and cons of which side of Oak Street the pedway could be placed and the fact that
moving the power poles on the west side would be quite a task. Ms. Meyer mentioned that the crossing at Cherry Drive
could be upgraded and one in front of the school if the pedway was placed on the east side of Oak Street. Ms. Meyer
pointed out that there were many items and issues to address. She also pointed out that all of the improvements
would be within the existing right-of-way so there would be no requests for easements but there would be impact to
landscaping and driveways. Commissioner Guglietta pointed out that there could be a continuous walkway around
the east side of the Town if the sideway was put on the east side, continued past Flutie Field and the Williams Building
and hooked up with A1A. Commissioner Walters asked how much money was available. Ms. Meyer didn't know the
exact amount but thought it was about $62,000, which probably would not be enough but she said that once a project
was endorsed, the Committee continues to fund it to completion.
Mike King, 1402 Oak Street asked for confirmation that it would be an eight-foot wide sidewalk/pedway and Ms. Meyer
agreed and said that it would be made out of concrete unless there was a compelling reason to use asphalt.
Ms. Meyer was asked if future projects such as on Pine Street as many people use that street as well as the children
going to Gemini would be considered. Ms. Meyer also thanked the Town for its part in helping with the A1A sidewalk
project with FDOT. There was no further public comment.
Vice Mayor Smith stated that the residents definitely needed an opportunity to have input concerning the pedway/sidewalk
project on Oak Street. Commissioner Walters requested that the residents on Oak Street, who will be impacted the most,
have input before the Town goes ahead with the project. Vice Mayor Smith explained that the residents weren't well
informed the last time this issue was addressed and it was essential that the residents be informed.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER CRISPEN TO REQUEST FUNDS FROM THE
TRANSPORATION IMPACT FEE COMMITTEE FOR 1) A PEDWAY/SIDEWALK ON THE EAST SIDE OF OAK
STREET FROM AIA OAK STREET INTERSECTION AT THE WILLIAMS BUILDING TO THE CURRENT FOUR WAY
STOP; 2) INSTALL APPROXIMATELY 100 FEET OF SIDEWALK ON THE SOUTH SIDE OF SUNSET BOULEVARD;
AND 3) FINISH SIDEWALKS ON CHERRY DRIVE FROM OAK STREET TO ATLANTIC STREET SUBSEQUENT TO A
TOWN SPONSORED INFORMATIVE MEETING WITH THE COMMUNITY AT LARGE AND IN PARTICULAR THE
PROPERLY NOTIFIED EFFECTED PROPERTY OWNERS ON OAK STREET AFTER WHICH THE PROPOSED
PROJECTS WILL RETURN TO THE TOWN COMMISSION AS AN AGENDA ITEM FOR DISCUSSION AND POSSIBLE
ACTION TO BE TAKEN.
VOTE: ALL AYES. MOTION CARRIED.
III. 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.
Mike King, 1402 Oak Street and Christine Barker, 1302 Oak Street (who had to leave due to the length of the meeting)
presented to the Commission their report on the Oak Street Calming meeting that was held on February 5, 2002. The
Town was represented by Commissioner Guglietta, Interim Police Chief Bailey, Fire Chief Hunter, Town Engineer,
Gail Jones, as well as Dick Thompson and another employee from the County. Mr. King said that they were not
trying to lower the speed limit but to stop traffic from cutting through. The following were recommendations from the
meeting: greenery along the side especially south of the curve, warning signs near the school and playground, restrict
parking at certain times across from Gemini, a sidewalk, and creating a small traffic island at the south end of Oak Street.
Mr. Thompson reiterated that he already had traffic counts on Oak Street and various side streets and after the surfacing
was completed and the traffic signal was installed, the counts would be repeated. Mr. King remarked on how helpful the
County was and this was truly appreciated.
Susie Stark, 307 Fifth Avenue, a resident and an active citizen of the Town of Melbourne Beach
addressed allegations that were made which caused more than one Commissioner to make inquires and statements on
public record concerning the Fire Department's dedication, training, and ability to adequately perform its duties. Ms.
Stark then referred to a video tape that she taped on February 17, 2002 at a fire scene showing 15 members of the
M.B.V.F.D. responding to a mutual aid call at a fully involved structural fire. She commented on the dedication, capability,
training and job well done by the volunteers at this fire that lasted for 9 hours and an addition 3 hours of clean up. Ms.
Stark asked the Commission to remember two things: 1) people make a conscious decision to be a part of the problem
or a part of the solution and she chose the later and 2) actions speak louder than words.
Seth Stark, 410 Fifth Avenue spoke to the issues and decisions made on February 13, 2002 at a Town Commission
Workshop/Special Meeting and he was disappointed in the fact that information was gathered without speaking to the
Fire Chief and other officers. Mr. Stark wanted to bring to the attention of the Commission that behind the scene
investigations of rumors and allegations can be detrimental to the internal workings of an organization as demonstrated
by eight months of turmoil created when a conflict was not dealt with directly or in a timely manner. He requested that
the Town Commission and Interim Town Manager meet with the Fire Department leaders and address these rumors
and innuendo. He wanted to assure the Commission that the volunteers of the Fire Department would continue to
serve the Town of Melbourne Beach for the Town's protection with integrity and honor as they have always done.
IV. PUBLIC HEARING
A. AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING
TO POLICE RETIREMENT BENEFITS; PROVIDING FOR AN ADDITIONAL 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 Paul Gougelman read Ordinance 2002-01 by title. Mayor Wille opened the meeting to public comments.
Melvin Mallonee, 206 Surf Road inquired as who were the people who would benefit by the particular change. Mayor
Wille replied that it would be the police officers of the Town. Commissioner Walters explained that the ordinance would
provide a cost of living increase for those who retired from the Town of Melbourne Police Department who had served their
time. He continued to state that State law and the Police Department's Pension Fund provided that officers can retire at
age of 52 with over 20 years of service. The persons that benefit are the retirees of the pension fund who have contributed
into the fund for 20 years as well. He mentioned that the State and Town have also contributed into the fund. Commissioner
Walters also stated that the only ones who would not benefit would be officers on disability but everyone else would receive
not more than a 3% cost of living annually. Mr. Mallonee asked about the effective date. Commissioner Walters explained
that it would be effective upon the adoption of the Ordinance. Mr. Mallonee asked if it would be retroactive, to which
Commissioner Walters said no.
John Winsor, Chairman of the Pension Board reaffirmed the Board's recommendation and explained that the only
person that this would affect at this time would be Commissioner Walters and no one before him but anyone who retires
from now on. Mr. Winsor referred to the length of time (about three years) the Pension Board had been working on getting
the ordinance approved and the situation concerning Commissioner Walter's resignation/retirement. Commissioner Walters
stated that he had not received a retirement check at this point. It was stated again that the benefit was not retroactive.
There was no further public comment and Mayor Wille closed the public portion.
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER GUGLIETTA TO APPROVE ORDINANCE 2002-01 AN
ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO POLICE
RETIREMENT BENEFITS; PROVIDING FOR AN ADDITIONAL 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. VOTE: ALL AYES. (COMMISSIONER WALTERS ABSTAINED BECAUSE IT WOULD
DIRECTLY AFFECT HIM IN THE FUTURE, HE WOULD COMPLETE THE PROPER PAPER WORK AND HE HAD
NOT SAID ANYTHING FOR OR AGAINST THE ORDINANCE SINCE HIS RESIGNATION FROM THE POLICE
DEPARTMENT.) MOTION CARRIED.
B. RESOLUTION NO. 699
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA PPROVING
A TEN (10) FOOT BY ONE HUNDRED (100) FOOT EASEMENT TO FLORIDA POWER & LIGHT COMPANY
FOR PROPERTY KNOWN AS RYCKMAN PARK LOCATED IN SECTION 7, TOWNSHIP 28 SOUTH,
RANGE 38 EAST, BREVARD COUNTY, FLORIDA; MAKING FINDINGS; APPROVING THE EASEMENT;
AUTHORIZING THE INTERIM TOWN MANAGER TO EXECUTE THE EASEMENT; PROVIDING AN
EFFECTIVE DATE AND PROVIDING FOR RECORDING AND FILING OF THIS RESOLUTION.
Town Attorney Paul Gougelman read Resolution No. 699 by title. Interim Town Manager Masny explained that this
easement was west of the tennis courts in the Public Works yard along the property line. A transformer would be
placed there to service the entire park. Mayor Wille asked if there were any public comments to be made and there
were none.
COMMISSIONER CRISPEN MOVED, SECOND COMMISSIONER GUGLIETTA TO ADOPT RESOLUTION NO. 699
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA PPROVING A TEN (10)
FOOT BY ONE HUNDRED (100) FOOT EASEMENT TO FLORIDA POWER & LIGHT COMPANY FOR PROPERTY
KNOWN AS RYCKMAN PARK LOCATED IN SECTION 7, TOWNSHIP 28 SOUTH, RANGE 38 EAST, BREVARD
COUNTY, FLORIDA; MAKING FINDINGS; APPROVING THE EASEMENT; AUTHORIZING THE INTERIM TOWN
MANAGER TO EXECUTE THE EASEMENT; PROVIDING AN EFFECTIVE DATE AND PROVIDING FOR RECORDING
AND FILING OF THIS RESOLUTION.
VOTE: ALL AYES. MOTION CARRIED.
C. RESOLUTION NO. 700
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA SUPPORTING
BREVARD CROSSINGS MALL AS A REGIONAL FACILITY THAT WILL BRING NEEDED DOLLARS AND
JOBS TO BREVARD COUNTY; PROVIDING FOR THE DISTRIBUTION OF THIS RESOLUTION; PROVIDING
AN EFFECTIVE DATE.
Town Attorney Paul Gougelman read Resolution No. 700 by title. Interim Town Manager Masny reported that this
resolution was sent to us by the City of Cocoa for the Commission's review and support. Vice Mayor Smith asked
Town Attorney Gougelman if any other cities had approved the resolution. Town Attorney Gougelman reported that
Palm Bay and Melbourne specifically disapproved the resolution. Vice Mayor Smith stated that Brevard County had
tabled this item a couple of weeks ago and she felt that the Commission really did not need to take a stand on this.
Commissioner Crispen stated that the tax base of the County would be helped and without it really adversely affecting
the Town, he thought it was a good thing. Commissioner Guglietta asked Town Attorney Gougelman if the Space Coast
League of Cities recommended this and discussion between the above mentioned individuals did not recall that they did.
Mayor Wille commented that there are many underlying issues and that he did agree with Commissioner Crispen and
that there would probably be different stores brought into the area and it would be an overall benefit. Mayor Wille asked
if there were public comments.
Tom Macaulay, 307 Surf Road commented that he had read the resolution for the first time that evening although he had
read articles about the mall. Because the Commission spoke for the townspeople and he wondered if the Commissioners
really had an opportunity to study the issue and he felt that small businesses would be adversely affected by it; therefore,
he would suggest they don't vote for the resolution.
Betsy Baird, 1111 River Road had the same concerns as Mr. Macaulay and she thought there were so many empty
stores now that there might be more if this mall was built. She also brought up some issues about the land that they
were requesting to use. Ms. Baird felt that the mall was not needed.
There were no further public comments.
Commissioner Walters said that he didn't know much about the issue but he knew that the business people in Town
and Indialantic would want the townspeople to shop locally and he also mentioned that he believed the sales tax was
divided by where the money was spent. Commissioner Walters would vote no as he didn't believe it would be a benefit
to Melbourne Beach residents.
COMMISSIONER CRISPEN MOVED, SECOND MAYOR WILLE (FOR DISCUSSION) TO ADOPT RESOLUTION 700
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA SUPPORTING BREVARD
CROSSINGS MALL AS A REGIONAL FACILITY THAT WILL BRING NEEDED DOLLARS AND JOBS TO BREVARD
COUNTY; PROVIDING FOR THE DISTRIBUTION OF THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE.
VOTE: AYES (COMMISSIONER CRISPEN AND MAYOR WILLE) NAYES (VICE MAYOR SMITH AND COMMISSIONERS
GUGLIETTA AND WALTERS). MOTION DEFEATED.
D. RESOLUTION NO. 701
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AMENDING
A POLICY RELATING TO A NEIGHBORHOOD TRAFFIC MANAGEMENT AND CALMING PROGRAM FOR
RESIDENTIAL PUBLIC STREETS AS ADOPTED BY TOWN OF MELBOURNE BEACH RESOLUTION NO.
655; PROVIDING AN EFFECTIVE DATE.
Town Attorney Paul Gougelman read Resolution No. 701 by title. Interim Town Manager Masny explained that the traffic
calming policy was placed in the Town's administrative policy manual when Resolution No. 655 was approved. She
stated that Resolution No. 701 would remove the policy from the Administrative Policies and Procedures Manual to a
separate Town policy. She also pointed out on page 4 of the Traffic Management and Calming Policy the addition of
the Public Notification and Signage sections. Mayor Wille asked for public comment.
Sandy Wilson, 410 Sunset Boulevard asked for clarification of where the policy was originally put and that the original
policy was still in effect but just made a separate policy by itself. Mayor Wille interjected that the notification process
would be added to the policy, which would be an improvement to the policy. Commissioner Walters explained that this
resolution stated that the Town would notify every property owner and business within 500 feet of the affected area and
to notify others who travel in the area, and signs would be posted for everyone to be aware of any meetings. Commissioner
Walters assured Mr. Wilson that no other part of the resolution would be affected by the new one.
Town Attorney Gougelman brought up the issue what would happen if not everyone had been notified. He asked if it was
the Town's intent to have the notice as a courtesy notice and then a meeting could be held if anyone was inadvertently
not notified. Town Attorney Gougelman presented suggested wording for the Public Notification section as follows:
The Town will send a courtesy notice to property owners and businesses within a 500 foot radius of the affected area
to advise of a meeting to gather public input on traffic calming measures. Failure to extend a notice to a particular
property owner or business owner shall not be a basis to invalidate any action taken at the meeting.
Stephen Gould, 1803 Orange Street wanted clarification as to when the sign would go up to announce a meeting.
Melvin Mallonee, 206 Surf Road suggested that the time be standardized like the 15 days notice for Planning and Zoning
or the Board of Adjustment notices.
There were no further public comments, Mayor Wille brought the discussion back to the Commission.
There was discussion concerning the length of time a sign should be erected before the meeting and if the courtesy
notices should also have a specified time for mailing. Town Attorney Gougelman offered to recommended some wording
to be added to the end of the Signage section as follows: This sign shall be erected at least 15 days before a public meeting.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER GUGLIETTA TO ADOPT RESOLUTION 701 A
RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AMENDING A POLICY
RELATING TO A NEIGHBORHOOD TRAFFIC MANAGEMENT AND CALMING PROGRAM FOR RESIDENTIAL
PUBLIC STREETS AS ADOPTED BY TOWN OF MELBOURNE BEACH RESOLUTION NO. 655; TO ACCEPT
THE CHANGES OF THE WORDING UNDER PUBLIC NOTIFICATION AND SIGNAGE ON PAGE 4 OF THE TRAFFIC
MANAGEMENT AND CALMING POLICY AS PRESENTED BY TOWN ATTORNEY GOUGELMAN AND ELIMINATE
WORD BANNER LEAVING DOUBLE-SIDED SIGN IN SENTENCE ONE OF THE SIGNAGE SECTION; PROVIDING
AN EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED.
V. OLD BUSINESS
A. DISCUSSION AND POSSIBLE ACTION REGARDING A REQUEST FROM INTERIM POLICE CHIEF TO
PURCHASE A NEW COMPUTER PROGRAM FOR POLICE REPORTS BY DECLARING A SINGLE
SOURCE FINDING BY THE TOWN COMMISSION.
Interim Police Chief Bailey explained the he had an opportunity to speak with all of the Commissioners except
Commissioner Crispen to explain the single source finding. David Church from Southern Software Systems of
America, Inc. was present to entertain any questions by the Commission. Commissioner Crispen asked if the
cost was for the software only and it was affirmed that it was. Mr. Church reviewed the hardware and said the
current system could handle the software in question. Interim Police Chief Bailey explained that the only piece of
equipment needed would be a laser printer as all of the forms that would be used needed to be printed out and a
laser printer was more cost effective and that printer could be purchased by donations. Mr. Church explained
that the department would not need to buy preprinted forms as the forms and the information put on them would
be printed at the same time. Commissioner Crispen also asked if the money would be taken from salaries as
discussed before and they would be. Mr. Church explained to the Commission why it was necessary for the
Police Department to purchase new software. Mr. Church also mentioned that the system has been used by the
Indian Harbour Beach Police Department for two and a half years. Mayor Wille commented that Mr. Church is the
only one out there who could do what the Police Department was asking to be done. Commissioner Crispen wanted
to be sure that in six months to a year that the Police Department would not be coming back to request new computers.
Interim Police Chief Bailey reiterated that the computers were in good shape and could be upgraded and needing new
computers should not be the case.
COMMISSIONER WALTERS MOVED, SECOND VICE MAYOR SMITH TO APPROVE THE PURCHASE BY THE
POLICE DEPARTMENT OF A NEW COMPUTER PROGRAM FOR POLICE REPORTS AND DECLARE A SINGLE
SOURCE FINDING BY THE TOWN COMMISSION AS REQUIRED BY THE CODE.
VOTE: ALL AYES. MOTION CARRIED.
B. APPROVAL OF TRAVEL FUNDS - WILLIAMS BUILDING AD HOC COMMITTEE (RATIFY CONSENSUS
OF FEBRUARY 6, 2002 WORKSHOP).
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER GUGLIETTA TO APPROVE THE TRAVEL
FUNDS AND LODGING FOR THREE MEMBERS OF THE WILLIAMS BUILDING AD HOC COMMITTEE AND PER
DIEM PER THE FLORIDA STATUTE.
VOTE: ALL AYES. MOTION CARRIED.
VI. NEW BUSINESS
A. DISCUSSION AND POSSIBLE ACTION RELATING TO THE RIGHT OF THE PEOPLE TO PETITION
FOR A CHARTER AMENDMENT. (COMMISSIONER WALTERS)
Commissioner Walters explained why he wanted this brought before the Commission and referred to background
information in the agenda packet. Commissioner Walters wanted to make it easier for a resident to propose ordinances
to the Commission by submitting petitions signed by ten (10) percent of the total number of qualified registered voters
instead of the twenty (20) percent that was currently stated in the ordinance. This would also match State requirements.
Town Attorney Gougelman pointed out that in order to change a charter amendment, the Florida Statutes would have to
be followed and per the Town's Charter Sec. 9.05. Charter Amendments and Revisions it was so stated. He said that
it was up to the Town as to the percentage of voters that they wished to set into order to propose an ordinance and this
was not governed by the State. Town Attorney Gougelman explained that the Town Commission would have to adopt
an ordinance and the ordinance would then have to be put on the ballot on the next general election. Town Attorney
Gougelman talked about and explained some of the things that happened concerning the history of the Town's charter.
Mayor Wille asked for public comment and there was none.
COMMISSIONER WALTERS MOVED, SECOND VICE MAYOR SMITH TO DIRECT TOWN ATTORNEY GOUGELMAN
TO PREPARE AN AMENDMENT TO SECTION 6.01. PROPOSED ORDINANCES OF THE TOWN CHARTER TO
CHANGE THE TWENTY (2O) PERCENT TO TEN (10) PERCENT OF THE TOTAL NUMBER OF REGISTERED
VOTERS…AND PUT THE AMENDED ORDINANCE ON THE NEXT REGULAR GENERAL BALLOT.
VOTE: ALL AYES. MOTION CARRIED.
B. DISCUSSION OF ACTION TO TAKE REGARDING ADOPTION OF A RAVE ORDINANCE FOR THE
TOWN OF MELBOURNE BEACH.
Town Attorney Gougelman explained the current situation concerning the Rave Ordinance and per the January 16, 2002
memo from Interim Town Manager Masny, there were four choices of action for the Town to take…take no action at all;
direct staff to prepare another version of the ordinance; review the City of Melbourne's ordinance and consider it; or link
up with Brevard County (and lose some of the Town's home rule). Town Attorney Gougelman pointed out that unless
the Town purposes its own Rave Ordinance, the County would impose an ordinance on the Town.
Town Attorney Gougelman said that raves would not be outlawed by the ordinance but would be reined in so that it
would be almost impossible for one to happen. Town Attorney Gougelman continued to explain about adult versus
teen raves; requirement of having security and a paramedic at the event; and supervision by the owner of the premises
at the time of the event. Both the County and the City of Melbourne have taken a similar approach. In the County
Ordinance, exemptions can be made so a "rave" is not a "rave" but exemptions could also be revoked. Under the
City of Melbourne Ordinance a "rave" is a "rave" and no exemptions are made. Town Attorney Gougelman said the
most important thing about the ordinance is the definition of a "rave".
Melvin Mallonee, 206 Surf Road said that he couldn't visualize a rave being held within the Town limits. He thought
the County ordinance would be the choice and probably lawyers would get involved and that would be that. Commissioner
Walters explained to Mr. Mallonee what the Commission was trying to do was to keep from paying legal fees. Mr.
Mallonee was concerned about the liability and felt that the County had more money to deal with liability issues.
Seth Stark, 410 Fifth Avenue asked how many people would constitute a rave. He didn't really understand the need
for the ordinance. Town Attorney Gougelman explained that essentially Brevard County is a community that
philosophically has determined that rave events are distasteful. Therefore, at this time there are two governmental
entities that have taken action in regulating the event. He said that the City of Melbourne had taken the more
conservative approach. The County regulates raves similarly but does allow for exemptions. Town Attorney
Gougelman continued his discussion and descriptions of raves in response to Mr. Stark's questions.
COMMISSIONER CRISPEN MOVED, SECOND COMMISSIONER WALTERS TO REQUEST THAT TOWN ATTORNEY
GOUGELMAN RETURN TO THE TOWN COMMISSION WITH A RAVE ORDINANCE FOR THE TOWN OF MELBOURNE
BEACH THAT IS SIMILAR TO THE CITY OF MELBOURNE'S ORDINANCE TAKING INTO CONSIDERATION TONIGHT'S
DISCUSSION. VOTE: ALL AYES. MOTION CARRIED.
C. SELECTION OF A COMMISSIONER TO BE THE LOCAL GOVERNMENT LIAISON TO ST. JOHNS
RIVER WATER MANAGEMENT DISTRICT.
COMMISSIONER WALTERS MOVED, SECOND COMMISSISONER CRISPEN TO APPOINT VICE MAYOR SMITH
AS THE TOWN OF MELBOURNE BEACH'S LIAISON TO ST. JOHNS RIVER WATER MANAGEMENT DISTRICT.
VOTE: ALL AYES. MOTION CARRIED.
D. SELECTION OF A CITIZEN OF THE YEAR AND JUNIOR CITIZEN OF THE YEAR COMMITTEE.
Per Interim Town Clerk's memo of February 15, 2002 each Commissioner was to appoint one town resident to be on
the Citizen of the Year Committee and to give the name of that person to the Interim Town Clerk or Interim Town Manager.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER CRISPEN TO APPOINT COMMISSIONER
GUGLIETTA TO BE CHAIRMAN OF THE JUNIOR CITIZEN OF THE YEAR COMMITTEE.
VOTE: ALL AYES. MOTION CARRIED.
E. DISCUSSION AND POSSIBLE ACTION REGARDING THE TOWN MANAGER POSITION.
Mayor Wille reported that the Commission had workshop interviews last night and asked if there were any questions.
Another workshop/special meeting was scheduled for February 21, 2002 at 7:00 P.M.
VII. REPORTS:
A. TOWN ATTORNEY
Town Attorney Gougelman said that after 13 or 14 years as Town Attorney, he was intending to submit his resignation
to the Town. He said that this was extremely difficult to do as it had nothing to do with the Town but with himself. He
felt that he needed to cut back on some of his activities and have some time to himself. He would not leave immediately
and would like to help the Town within the next few months find someone who they are comfortable with. He also said
that he would be willing to consult on special projects.
Town Attorney Gougelman explained that there were not many attorneys in this field but he suggested that the Town
advertise in the Bull Sheet and gave the Interim Town Manager some other suggestions. He suggested a few names
of local attorneys. Town Attorney Gougelman suggested that this be done within the next 4 months. There was
some discussion on the appropriateness of the current legal fees in the budget and what the Town might be
expected to pay.
Mayor Wille requested that a synopsis of the information that the Town Attorney had discussed be written up for the
Commission to review at the next Commission meeting. Commissioner Walters asked Town Attorney Gougelman if
there might be a possibility that in 6 to 12 months he might be ready to come back and that the Town could look for
a temporary person. Town Attorney Gougelman suggested that the Town go forward with looking for someone but
after the 6 to 12 month period, both the Town and he could reevaluate the situation and go from there.
B. INTERIM TOWN MANAGER
In addition to her written report, Interim Town Manager Masny said that the sand would be transferred to shore
beginning the first of March in the renourishment beach project and the pipe would come to shore near the north
Atlantic Street crossover. Mayor Wille requested that any Town memos be emailed to him and hard copies put
in his box. Interim Town Manager Masny asked that if any of the other Commissioners would like to have this
service, to let her know.
VII. TOWN COMMISSION ANNOUNCEMENTS, COMMENTS & REPORTS
Commissioner Crispen had none.
Commission Walters said that he had some quick comments and that he wanted to remind Interim Town Manager
Masny that it was now five months into the bringing of a cellular policy to the Commission; the status of a resolution
about the new Town Commission Procedures and Policies; the status of the Building Department permit ordinance;
signs about the Town meetings on the streets; questioned the amount of a building permit; he commented that the
Town Charter stated that the Commission was responsible for the Fire Department functions in the Town and made
other observations about the current situation.
Commissioner Guglietta requested that the Ordinance concerning the Tax break for people 65 and older be brought to
the Commission so that it could be voted upon. He reported on the League of Cities Legislative Day. Commissioner
Guglietta also commented upon the Fire Department situation. Commissioner Guglietta said that if an individual were
to come to him for help, he would take that individual to the right party to take care of the situation. As a Commissioner,
he cannot get involved in the operation of the Town according to the Charter. However, he will continue to listen and
be involved as to what happens. Commissioner Guglietta made further statements concerning his feelings and future
actions.
Vice Mayor Smith had no comments.
Mayor Wille discussed the Enhancement Grant that the Town had been awarded and that the grant had been increased
to $209,000; however, the funds would not be available for several years. He suggested that Rochelle Lawandales report
to the Commission if the project could be forward funded where the Town would pay for the project and be reimbursed
during the fiscal year that it is in FDOT's budget. As the Mayor had recently been elected to the Executive Board of the
MPO, he had learned about some of the possibilities that are available. It was the consensus of the Town Commission
to ask Ms. Lawandales for such a report.
VIII. ADJOURNMENT
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER WALTERS TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The regular meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 10:55 p.m.
____________________________________
ROBERT D. WILLE, MAYOR
____________________________________
JANE WILEY
INTERIM 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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