TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - REGULAR MEETING
****************************************************************************************************
WEDNESDAY
March 20, 2002
TOWN HALL - FIRE HALL
***********************************************************************************************************************
A regular meeting of the Town Commission of the Town of Melbourne Beach, Florida was called
to order by Mayor Wille at 7:05 p.m. on Wednesday, March 20, 2002 at the Fire Hall.
Mayor Wille also led the Pledge of Allegiance to the Flag.
Present:
|
Mayor Wille
Commissioner Crispen
Commissioner Guglietta
Commissioner Walters
|
Absent:
|
Vice Mayor Smith
|
Others Present:
|
Town Attorney Gougelman
Interim Town Manager Masny
Interim Police Chief Bailey
Fire Chief Jim Hunter
Gordon England, Creech Engineers, Inc.
Martin Smithson, Environmental
Consulting & Technology, Inc.
Jack Rood, Architects in Association,
Rood and Zwick, Inc.
20-30 Town Residents
Interim Town Clerk Wiley
|
I. APPROVAL OF MINUTES: OCTOBER 17, 2001 REGULAR MEETING
Commissioner Walters referred to page 4, 1st paragraph of the October 17, 2001 minutes and stated that there
seemed to be something out of context and requested that the Interim Town Clerk review it.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER GUGLIETTA TO APPROVE THE MINUTES OF
OCTOBER 17, 2001 REGULAR MEETING AS CORRECTED. VOTE: ALL AYES. MOTION CARRIED.
II. PRESENTATIONS - SPECIAL REQUESTS
A. PRESENTATION OF CERTIFICATE OF RECOGNITION BY MELBOURNE BEACH VOLUNTEER FIRE
DEPARTMENT TO AARON CARVER FOR HIS RESPONSE TO AN EMERGENCY SITUATION.
For various reasons this did not take place the evening of the Town Commission meeting.
B. PRESENTATION OF NEW MARINE RESCUE BOAT TO THE TOWN OF MELBOURNE BEACH BY
THE MELBOURNE BEACH VOLUNTEER FIRE DEPARTMENT, INC.
Seth Stark of M.B.V.F.D. INC. came forward and observed that the Town of Melbourne Beach's location between the
Atlantic Ocean and the Indian River Lagoon emphasizes the importance of having the capability for marine rescue by
having the equipment and the personnel to respond to any water emergency. Mr. Stark explained that in February
1995 by utilizing donated funds from the community, the M.B.V.F.D. Inc. purchased a marine rescue boat and a
marine rescue response team was created and received specialized training in coastal shore-based water rescue
in March 1995. Mr. Stark explained that since its inception, the marine rescue unit continued to grow and members
continued to participate in specialized courses. He reported on all of the marine rescue equipment and gear they
have continued to obtain and their continued capability to participate in marine rescues. He then described the new
marine rescue boat purchased in August 2001 and the fact that it had already been put in action. Mr. Stark stated
that it was through community support that the M.B.V.F.D. Marine Rescue Unit continued to provide the personnel
and equipment so that the community would have the resources available should the marine rescue services be needed.
Therefore, M.B.V.F.D. Inc. would like to present the boat to the Town of Melbourne Beach.
Before Mayor Wille could accept the boat on behalf of the Town, Commissioner Walters asked the Town Attorney
if the Town accepted the boat from the M.B.V.F.D., would it then put the Town in a legal position to accept all the policies
and procedures of the use of the boat. Town Attorney Gougelman said that the Town would be accepting liability for its
use. Commissioner Walters stated that he had been reviewing the M.B.V.F.D.'s rules and procedures for the boat and
did not even see any requirements that a person had to know how to swim if they used the boat. Commissioner Walters
then remarked that the Town was getting ready to build a 2.4 million dollar municipal complex and using residents' savings
and that everyone has had to cut back. He also thought that $17,000, which he didn't know where they bought the boat,
could have been better spent on the sally port that the Police Department gave up and some other things that were more
important to the community. He asked why the Town needed two rescue boats and how many calls had been received
and what those calls were about. Commission Walters continued that when he was going over the Town's written
agreement with M.B.V.F.D. there was nothing that said that the Town of Melbourne Beach authorized a marine rescue
unit. Commissioner Walters stated that as he was representing the citizens of the community, he was concerned at
the liability especially as there were no policies that regulated who and the age of those participating in a marine rescue
especially in such a stressful situation that occur during a marine rescue. He offered to sit down with the Fire Department
to go over all of this but he could not vote to accept the boat.
Mayor Wille asked if anyone else had any comments. He asked Interim Town Manager Masny her opinion, as manager,
if the boat should be accepted. Interim Town Manager Masny said that the Town already had accepted the generator as
well as the previous boat. Mayor Wille observed that precedent had been set and would Interim Town Manager Masny
recommend that the Town accept the boat. Interim Town Manager Masny indicated that the boat should be accepted
from M.B.V.F.D. Inc. and observed that the Volunteer Fire Department would not likely take the boat out unless they
had policies and were trained in emergency marine rescue with the boat.
There was discussion as to whether to wait for Vice Mayor Smith to return and make a decision then or wait until there
could be a workshop with the Fire Department and go over some of the issues. Commissioner Crispen stated that if his
son was drowning in the ocean, he wasn't sure how concerned about the Town's liability he would be rather he would be
concerned that the Town was prepared and had the equipment to be able to save his son's life and he felt that the
Commission should be focused on the safety that this brings to the Town and not the micromanagement that he
saw before them. Commissioner Crispen was in favor of accepting the boat and stated that it was a wonderful thing.
Mayor Wille passed the gavel to Commissioner Guglietta.
COMMISSIONER CRISPEN MOVED, SECOND MAYOR WILLE TO ACCEPT THE NEW MARINE RESCUE
BOAT TO THE TOWN OF MELBOURNE BEACH BY THE MELBOURNE BEACH VOLUNTEER FIRE DEPARTMENT, INC.
Mayor Wille opened the meeting to public comments.
Kathy Riggs, 421 Sixth Avenue asked if the Town already had a rescue boat. It was explained that there was a rescue
boat but it was basically designed for river rescue where the new marine boat had more equipment and was designed
specifically for ocean rescues. Ms. Riggs stated that she did not know a lot about all of this but she thought
Commissioner Walters was corrected to look into the liability although it was important to save lives.
Bob Gauthier, 400 Sunset Boulevard stated that he had spent 9 years in the Coast Guard as a commissioned officer
and was trained in search and rescue. He believed that it was significant that the Coast Guard has been calling upon
the Town of Melbourne Beach's Marine Rescue Unit for support. This should send us a message. He also pointed out
that the money spent on the boat was not the Town's money. This was money raised by the Volunteer Fire Department
for the service of the community.
Rick Hartman, 1423 Atlantic Street who as a member of the M.D.V.F.D. could address some of the issues that have
been raised by some of the Commissioners. Mr. Hartman reported that 12 members of the Fire Department attended
a state certified rescue orientation and class and who are state certified in marine rescue. Several members are certified
trainers who in turn have trained other members of the Department. He pointed out that we live on an island and the
Coast Guard stations are thirty miles one way and forty miles the other. Therefore, because of the Department's training
and the fact that it takes the Coast Guard an hour to get here, the Coast Guard calls them. He stated that it is a
convenience to our community as well as the surrounding communities that there is a marine rescue unit here and in fact,
they have saved a few lives via marine rescue efforts. He pointed out the M.B.V.F.D. Inc. bought the boat and they just
wanted to give it to the Town.
Mayor Wille closed the public comments portion and returned it to the Commission. Commissioner Walters said that
he just wanted to be sure that the person doing the rescuing was well trained, could swim and that proper rules and
procedures were in place so that the person launching the boat was healthy enough to do so. Commissioner Walters
pointed out that the Town was being sued because there wasn't a sign posted that said beware of undertow. He felt
that it would put the Town in jeopardy if there was a person out there trying to rescue someone and they couldn't do it.
Commissioner Walters again pointed out that there was nothing in the agreement where the Town agreed that there
should be a marine rescue unit. Commissioner Walters said that if the Commission voted to accept the boat than
they were accepting the liability and he did not feel that it was fair to the residents until the Commission was absolutely
certain that the people who are operating that boat are trained and qualified to do so and do it in a professional manner.
Mayor Wille called for a vote.
VOTE: AYES (COMMISSIONER CRISPEN AND MAYOR WILLE)
NAYS (COMMISSIONERS GUGLIETTA AND WALTERS)
NO ACTION TAKEN.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER WALTERS TO DELAY THE DECISION
UNTIL VICE MAYOR SMITH WAS PRESENT AND TO HAVE A WORKSHOP INCLUDING THE TOWN COMMISSION,
TOWN MANAGER, TOWN ATTORNEY, FIRE CHIEF AND PRESIDENT OF THE M.B.V.F.D. INC. TO REVIEW THEIR
RULES AND PROCEDURES AS WELL AS THE AGREEMENT.
Mayor Wille asked if there was any public comment.
Fire Chief Jim Hunter, 321 Banyan Way asked that if the Commission did not accept the rescue boat, although the first
boat was accepted, did that mean that the Fire Department was not to respond to any more marine rescue calls.
Therefore if the Commission wanted to have a workshop, then for the record that boat would be taken out of service.
Mayor Wille closed the public portion of the meeting as there were no further comments and returned it to the
Commission. Mayor Wille asked Town Attorney Gougelman if he had anything to share before the vote to not
accept the new boat and concerning continuing the marine rescue service with the old boat as it appeared there
had been marine rescue certification and training among members of the Fire Department. Town Attorney Gougelman
observed that it looked like the Commission was not going to accept the title of the new boat for the time being.
He mentioned that there was still the existing boat that if used and if there was an accident in its use, there could be
a possibility of a lawsuit but it would be similar to the Town's ownership of police cars and Public Works vehicles
and their being in an accident.
Commissioner Crispen asked if anyone could tell him why the M.B.V.F.D. Inc. was donating the marine boat to the Town.
Deputy Fire Chief Dave Micka, 323 Fourth Avenue said that it was in the charter of the M.B.V.F.D. Inc. to make donations
to the Town of fire gear and emergency equipment such as the generator and the first marine rescue boat. It also was a
way to supplement the Town's budget. He brought up the fact that if the Town has the equipment and personnel and an
emergency arose, was not the Town liable for not using the equipment and personnel to respond. There was also an
inherent risk in any fire or marine call.
NOTE TO RECORD: At this point in the proceedings, the audio recording system malfunctioned and the following
minutes were taken from notes and the voting record sheets.
Mayor Wille closed the public comments portion of the meeting and returned it to the Commission. There was further
discussion and then the Mayor called for a vote.
VOTE: AYES (COMMISSIONERS GUGLIETTA AND WALTERS).
NAYS (COMMISSIONER CRISPEN AND MAYOR WILLE).
NO ACTION TAKEN.
Mayor Wille passed the gavel to Commissioner Guglietta.
MAYOR WILLE MOVED, SECOND COMMISSIONER CRISPEN TO REQUEST THE INTERIM TOWN MANAGER
TO MEET WITH THE FIRE DEPARTMENT AND TO PRESENT A RECOMMENDATION TO THE TOWN COMMISSION
AND FOR THE TOWN COMMISSION TO CONTINUE TO ACCEPT THE SERVICE OF THE VOLUNTEER FIRE
DEPARTMENT AND RESPOND USING THE OLD MARINE RESCUE BOAT.
Mayor Wille opened the meeting to public comment.
John Miller, 218 Fourth Avenue made some comments concerning the marine rescue unit, limit liability to the Town
and use common sense.
Sue Stark, 307 Fifth Avenue stated that the M.B.V.F.D. had continually improved the marine rescue unit from its
beginning in 1995 and they have utilized the services of retired Fire Chief Bill Roffey who is employed as a Ship's
Captain with a shipping company.
Mayor Wille returned the discussion to the Commission and called for a vote.
AYES: (MAYOR WILLE, COMMISSIONERS CRISPEN AND GUGLIETTA).
NAYS: (COMMISSIONER WALTERS).
MOTION CARRIED.
C. PRESENTATION BY GORDON ENGLAND, CREECH ENGINEERS, INC. REGARDING THE NATIONAL
POLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT TO BE REQUIRED FOR THE TOWN OF
MELBOURNE BEACH.
Gordon England presented a slide presentation regarding the NPDESP, which will be in place by March 10, 2003.
Mr. England emphasized the importance of public education and it was suggested that perhaps the Environmental
Advisory Board could be helpful with this task. Also it should be a topic of discussion during the budget planning
sessions for Fiscal Year 2002/2003.
D. PRESENTATION BY GORDON ENGLAND, CREECH ENGINEERS, INC. OF THE ANCHOR AND
PELICAN KEYS BAFFLE BOX PROJECT AND REQUEST TO BID THE PROJECT.
Gordon England explained that there have been two public meetings with residents in Harbor East to explain the
improvements through the installation of baffle boxes in the Anchor Key and Pelican Key areas. Mr. England
requested approval to move forward to bid the project.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER WALTERS TO DIRECT INTERIM TOWN
MANAGER MASNY AND GORDON ENGLAND, CREECH ENGINEERS, INC. TO MOVE FORWARD TO BID
THE ANCHOR AND PELICAN KEYS BAFFLE BOX PROJECT.
VOTE: ALL AYES. MOTION CARRIED.
Mayor Wille asked for and received Commission consensus to move agenda item V.A. forward as Martin Smithson
from Environmental Consulting & Technology, Inc. was at the meeting to discuss an item that would take place in
conjunction with the baffle box project that was approved previously.
V. NEW BUSINESS
A. DISCUSSION AND POSSIBLE ACTION REGARDING AWARD OF A PROPOSAL FOR WATER
QUALITY MONITORING SERVICES FROM ENVIRONMENTAL CONSULTING & TECHNOLOGY, INC.
FOR PELICAN AND ANCHOR KEYS BAFFLE BOXES TO INCLUDE A SOLE SOURCE FINDING FROM
THE TOWN COMMISSION.
Mr. Smithson reviewed the information that was included in the agenda packet. Mr. England and Mr. Smithson spoke
about how the baffle boxes worked and the project on Anchor and Pelican Keys.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER WALTERS TO AWARD WATER QUALITY
MONITORING SERVICES TO ENVIRONMENTAL CONSULTING & TECHNOLOGY, INC. FOR PELICAN AND
ANCHOR KEYS BAFFLE
BOXES PER PRESENTED AGREEMENT DATED FEBRUARY 7, 2002 AND TO INCLUDE A SOLE SOURCE
FINDING FROM THE TOWN COMMISSION.
VOTE: ALL AYES. MOTION CARRIED.
The meeting returned to the next agenda item as follows:
II. PRESENTATIONS - SPECIAL REQUESTS
E. TOWN BOARD AND COMMITTEE REPORTS - DISCUSSION AND POSSIBLE ACTION.
The Parks Board via a memo to the Commission, which was read by Mayor Wille, explained their request to close
Riverside Drive/Ocean Avenue from Avenue A to Pine Street all day during Founders Day. Also included was a memo
from Sgt. Haran stating in detail what would be done for the closure and that the Police Department agreed with the
Parks Board for the closure. There would be notification of all business and residents who would be affected. Interim
Chief Bailey was at the meeting to concur with the request.
COMMISSIONER WALTERS MOVED, SECOND COMMISSION GUGLIETTA TO APPROVE THE PARKS BOARD
REQUEST TO CLOSE RIVERSIDE DRIVE/OCEAN AVENUE FROM AVENUE A TO PINE STREET ALL DAY DURING
FOUNDERS DAY AND TO NOTIFY THOSE AFFECTED.
VOTE: ALL AYES. MOTION CARRIED.
F. TOWN BOARD APPOINTMENTS, REAPPOINTMENTS & RESIGNATIONS
Interim Town Clerk Wiley presented the request for the reappointment of Lois Ingram as Alternate Member #1 to the
Parks Board and if reappointed Ms. Ingram's term would be from March 20, 2002 to March 20, 2004.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER WALTERS TO REAPPOINT ALTERNATE
MEMBER LOIS INGRAM TO THE PARKS BOARD WITH A TERM DATE OF MARCH 20, 2002 TO MARCH 20, 2004
AS ALTERNATE MEMBER #1.
VOTE: ALL AYES. MOTION CARRIED.
Interim Town Clerk Wiley presented the request for reappointment of Lauren Hardman as Member of the Planning &
Zoning Board/Local Planning Agency and if reappointed Ms. Hardman's term would be from March 20, 2002 to
March 20, 2005.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER GUGLIETTA TO REAPPOINT MEMBER
LAUREN HARDMAN TO THE PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY WITH A TERM DATE
OF MARCH 20, 2002 TO MARCH 20, 2005.
VOTE ALL AYES. MOTION CARRIED.
G. JACK ROOD - DISCUSSION AND POSSIBLE ACTION REGARDING SIDEWALK PLAN FOR RYCKMAN PARK.
Mr. Rood referred to the fax that had been distributed indicating that the relocation of the sidewalk at the east end
adjacent to the traffic circle would cost $662.55 for construction. Mr. Rood would recommend that the C&D Construction
do the work to keep the quality uniform and keep the project on schedule. There was discussion concerning redesign,
its cost, footage involved and the mention of the chain-of-command as to how decisions and work was to be done by the
Town's administration.
COMMISSIONER CRISPEN MOVED, SECOND COMMISSIONER GUGLIETTA TO DIRECT THE INTERIM TOWN
MANAGER TO HAVE JACK ROOD PROCEED WITH PROPOSAL REQUEST #2 DATED MARCH 19, 2002 CONCERNING
RELOCATION OF SIDEWALK IN RYCKMAN PARK.
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.
Bob Gauthier, 400 Sunset Boulevard spoke to some of the issues concerning the M.B.V.F.D. from the standpoint of
not only a volunteer fireman but also as a Town resident.
Kathy Rigsby, 421 Sixth Avenue asked about the hours the new restrooms would be open in Ryckman Park and
requested that they be locked at night. She also had some questions about the signal light at Oak Street and
Ocean Avenue.
IV. PUBLIC HEARING
A. RESOLUTION NO. 703
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA
AUTHORIZING AN APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY
(FEMA) FOR GRANT FUNDS UNDER THE FIRE FIGHTERS GRANT PROGRAM TO PURCHASE
A CLASS A PUMPER; AUTHORIZING THE TOWN MANAGER, IN COORDINATION WITH THE
FIRE CHIEF, TO FILE SUCH APPLICATION; COMMITTING RESOURCES FOR THE LOCAL MATCH
AND TERMS AND CONDITIONS OF THE PROJECT AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE.
Town Attorney Paul Gougelman read Resolution No. 703 by title. Mayor Wille requested public comments.
Susan Stark, 307 Fifth Avenue spoke to the resolution and explained that the grant application had to be submitted
by April 1, 2002 and that she was willing to work to get the application submitted by that date.
There was no further public comment.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER CRISPEN TO APPROVE RESOLUTION
NO. 703, A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AUTHORIZING
AN APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR GRANT FUNDS UNDER
THE FIRE FIGHTERS GRANT PROGRAM TO PURCHASE A CLASS A PUMPER; AUTHORIZING THE TOWN
MANAGER, IN COORDINATION WITH THE FIRE CHIEF, TO FILE SUCH APPLICATION; COMMITTING RESOURCES
FOR THE LOCAL MATCH AND TERMS AND CONDITIONS OF THE PROJECT AGREEMENT; PROVIDING FOR
AN EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED.
B. ORDINANCE NO. 2002-02
AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING
TO RAVE CLUBS; MAKING FINDINGS; CREATING NEW SECTIONS 73-30 TO 73-47, TOWN CODE;
PROVIDING INTENT AND PURPOSE; PROVIDING DEFINITIONS; SETTING FORTH REQUIREMENTS
FOR OBTAINING PERMITS TO OPERATE JUVENILE AND ADULT RAVE CLUBS AND QUALIFICATIONS
OF RAVE CLUB OPERATORS; PROVIDING PROCEDURES FOR OBTAINING AND POSTING PERMITS;
PROVIDING FOR FEES FOR PERMIT APPLICATIONS; PROHIBITING PERSONS UNDER 18 IN ADULT
RAVE CLUBS; PROHIBITING PERSONS OVER 18 IN JUVENILE RAVE CLUBS; PROVIDING FOR HOURS
OF OPERATION; PROVIDING FOR LICENSED SECURITY AND PARAMEDIC PRESENCE AT RAVE
CLUBS; PROHIBITING OPERATION OF RAVE CLUBS IN VIOLATION OF LAND DEVELOPMENT
CODE; PROVIDING FOR QUALIFICATIONS OF RAVE CLUB SUPERVISOR; PROVIDING FOR
INSPECTIONS OF RAVE CLUB PREMISES; SETTING FORTH CIRCUMSTANCES UNDER WHICH
PERMITS SHALL EXPIRE OR BE SUSPENDED OR REVOKED; PROVIDING A PROCEDURE FOR
REVIEW OF DENIAL, SUSPENSION OR REVOCATION OF PERMITS; PROHIBITING FOR TRANSFER
OF RAVE CLUB PERMITS; PROVIDING FOR PENALTIES AND REMEDIES FOR VIOLATIONS HEREOF;
PROVIDING FOR SEVERABILITY/INTERPRETATION; REPEALING ORDINANCES AND RESOLUTIONS
INCONSISTENT HEREWITH; AND PROVIDING AN EFFECT DATE. (FIRST READING)
Town Attorney Paul Gougelman read Ordinance No. 2002-02 by title. Mayor Wille requested public comments. There
were none. Mayor Wille returned the meeting to the Commission.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER GULIETTA TO APPROVE ON FIRST READING
ORDINANCE 2002-02, AN ORDINANCE OF THE TOWN
OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO RAVE CLUBS; MAKING FINDINGS;
CREATING NEW SECTIONS 73-30 TO 73-47, TOWN CODE; PROVIDING INTENT AND PURPOSE; PROVIDING
DEFINITIONS; SETTING FORTH REQUIREMENTS FOR OBTAINING PERMITS TO OPERATE JUVENILE AND ADULT
RAVE CLUBS AND QUALIFICATIONS OF RAVE CLUB OPERATORS; PROVIDING PROCEDURES FOR OBTAINING
AND POSTING PERMITS; PROVIDING FOR FEES FOR PERMIT APPLICATIONS; PROHIBITING PERSONS UNDER 18
IN ADULT RAVE CLUBS; PROHIBITING PERSONS OVER 18 IN JUVENILE RAVE CLUBS; PROVIDING FOR HOURS
OF OPERATION; PROVIDING FOR LICENSED SECURITY AND PARAMEDIC PRESENCE AT RAVE CLUBS;
PROHIBITING OPERATION OF RAVE CLUBS IN VIOLATION OF LAND DEVELOPMENT CODE; PROVIDING FOR
QUALIFICATIONS OF RAVE CLUB SUPERVISOR; PROVIDING FOR INSPECTIONS OF RAVE CLUB PREMISES;
SETTING FORTH CIRCUMSTANCES UNDER WHICH PERMITS SHALL EXPIRE OR BE SUSPENDED OR REVOKED;
PROVIDING A PROCEDURE FOR REVIEW OF DENIAL, SUSPENSION OR REVOCATION OF PERMITS; PROHIBITING
FOR TRANSFER OF RAVE CLUB PERMITS; PROVIDING FOR PENALTIES AND REMEDIES FOR VIOLATIONS
HEREOF; PROVIDING FOR SEVERABILITY/INTERPRETATION; REPEALING ORDINANCES AND RESOLUTIONS
INCONSISTENT HEREWITH; AND PROVIDING AN EFFECT DATE.
VOTE: ALL AYES. MOTION CARRIED.
C. ORDINANCE 2002-03
AN ORDINANCE OF THE TOWN OF MEBLOURNE BEACH, BREVARD COUNTY, FLORIDA, RELATING
TO HOMESTEAD EXEMPTION FROM AD VALOREM TAXATION; MAKING FINDINGS; PROVIDING FOR
AN ADDITIONAL HOMESTEAD EXEMPTION PURSUANT TO SECTION 196.075, FLORIDA STATUTES,
FOR CERTAIN ELIGIBLE SENIOR CITIZENS AGE 65 AND OLDER WHOSE HOUSEHOLD INCOME
DOES NOT EXCEED $20,000 ADJUSTED ANNUALLY BY THE AVERAGE COST OF LIVING INDEX;
PROVIDING THAT SUCH ADDITIONAL EXEMPTION SHALL ONLY APPLY TO PROPERTY TAXES
LEVIED BY THE TOWN OF MELBOURNE BEACH; PROVIDING FOR WAIVER OF EXEMPTION;
CREATING SECTIONS 14-2 THROUGH 14-9, TOWN CODE; PROVIDING FOR ENACTMENT OF ACT,
AUTHORITY, DEFINITIONS, AND ELIGIBILITY; REQUIRING AN ANNUAL APPLICATION; PROVIDING
FOR WAIVER OF A RIGHT TO SAID EXEMPTION; SETTING FORTH THE DATE FOR THE COMMENCEMENT
OF SAID EXEMPTION, PROVIDING FOR AN ANNUAL ADJUSTMENT OF THE MAXIMUM INCOME
LIMITATIONS; PROVIDING FOR DELIVERY TO PROPERTY APPRAISER; PROVIDING FOR
SEVERABILITY/INTERPRETATION; REPEALING ORDINANCES AND RESOLUTIONS INCONSISTENT
HEREWITH; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING)
Town Attorney Paul Gougelman read Ordinance No. 2002-03 by title. Mayor Wille requested public comments.
There were none. Mayor Wille returned the meeting to the Commission.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER WALTERS TO APPROVE ON FIRST
READING ORDINANCE 2002-03, AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD
COUNTY, FLORIDA, RELATING TO HOMESTEAD EXEMPTION FROM AD VALOREM TAXATION; MAKING
FINDINGS; PROVIDING FOR AN ADDITIONAL HOMESTEAD EXEMPTION PURSUANT TO SECTION 196.075,
FLORIDA STATUTES, FOR CERTAIN ELIGIBLE SENIOR CITIZENS AGE 65 AND OLDER WHOSE HOUSEHOLD
INCOME DOES NOT EXCEED $20,000 ADJUSTED ANNUALLY BY THE AVERAGE COST OF LIVING INDEX;
PROVIDING THAT SUCH ADDITIONAL EXEMPTION SHALL ONLY APPLY TO PROPERTY TAXES LEVIED BY
THE TOWN OF MELBOURNE BEACH; PROVIDING FOR WAIVER OF EXEMPTION; CREATING SECTIONS 14-2
THROUGH 14-9, TOWN CODE; PROVIDING FOR ENACTMENT OF ACT, AUTHORITY, DEFINITIONS, AND
ELIGIBILITY; REQUIRING AN ANNUAL APPLICATION; PROVIDING FOR WAIVER OF A RIGHT TO SAID
EXEMPTION; SETTING FORTH THE DATE FOR THE COMMENCEMENT OF SAID EXEMPTION, PROVIDING
FOR AN ANNUAL ADJUSTMENT OF THE MAXIMUM INCOME LIMITATIONS; PROVIDING FOR DELIVERY TO
PROPERTY APPRAISER; PROVIDING FOR SEVER-ABILITY/INTERPRETATION; REPEALING ORDINANCES
AND RESOLUTIONS INCONSISTENT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED.
D. ORDINANCE 2002-04
AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA
RELATING TO INITIATIVES; AMENDING SECTIONS 6.01, 6.03, AND 9.05, TOWN CHARTER;
MAKING FINDINGS; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE;
AMENDING CERTAIN LANGUAGE IN THE TOWN CHARTER; PROVIDING THAT REGISTERED
ELECTORS OF THE TOWN MAY AMEND, REPEAL, OR CREATE PROVISIONS WITHIN THE
TOWN CODE OF ORDINANCES BY INITIATIVE PETITION AND ELECTION; DELETING REFERENCES
AS TO FORM OF PETITION; PROVIDING THAT PETITIONS MAY INCLUDE ONLY A SINGLE
SUBJECT FOR CODE ALTERATION; PROVIDING FOR COORDINATION WITH THE SUPERVISOR
OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE. (FIRST READING)
Town Attorney Paul Gougelman read Ordinance No. 2002-04 by title. Mayor Wille requested public comments.
There were none. Mayor Wille returned the meeting to the Commission.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER GUGLIETTA TO APPROVE ON FIRST
READING ORDINANCE NO. 2002-04, AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD
COUNTY, FLORIDA RELATING TO INITIATIVES; AMENDING SECTIONS 6.01, 6.03, AND 9.05, TOWN CHARTER;
MAKING FINDINGS; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE; AMENDING
CERTAIN LANGUAGE IN THE TOWN CHARTER; PROVIDING THAT REGISTERED ELECTORS OF THE TOWN
MAY AMEND, REPEAL, OR CREATE PROVISIONS WITHIN THE TOWN CODE OF ORDINANCES BY
INITIATIVE PETITION AND ELECTION; DELETING REFERENCES AS TO FORM OF PETITION; PROVIDING
THAT PETITIONS MAY INCLUDE ONLY A SINGLE SUBJECT FOR CODE ALTERATION; PROVIDING FOR
COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE. VOTE: ALL AYES. MOTION CARRIED
E. ORDINANCE NO. 2002-05
AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING
TO INITIATIVES; CREATING SECTION 13-6, TOWN CODE; MAKING FINDINGS; PROVIDING A
PROCEDURE BY WHICH PETITIONS MAY BE CIRCULATED AND EXECUTED BY TOWN ELECTORS
PROPOSING TO ADOPT NEW TOWN CHARTER OR TOWN CODE PROVISIONS OR AMEND OR
REPEAL EXISTING TOWN CHARTER OR CODE PROVISIONS; PROVIDING THE FORM OF SAID
PETITIONS; PROVIDING FOR THE VALIDATION OF SAID PETITIONS BY THE TOWN CLERK
AND THE VERIFICATION OF SIGNATURES BY THE BREVARD COUNTY SUPERVISOR OF
ELECTIONS; PROVIDING A SEVERABILITY/INTERPRETATION CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE. (FIRST READING)
Town Attorney Paul Gougelman read Ordinance No. 2002-05 by title. Mayor Wille requested public comments.
There were none. Mayor Wille returned the meeting to the Commission.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER CRISPEN TO APPROVE ON FIRST
READING ORDINANCE NO. 2002-05 WITH A CHANGE OF THE WORD "SHALL" TO "SHOULD" IN LINE 11,
ON PAGE 3, AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA
RELATING TO INITIATIVES; CREATING SECTION 13-6, TOWN CODE; MAKING FINDINGS; PROVIDING A
PROCEDURE BY WHICH PETITIONS MAY BE CIRCULATED AND EXECUTED BY TOWN ELECTORS PROPOSING
TO ADOPT NEW TOWN CHARTER OR TOWN CODE PROVISIONS OR AMEND OR REPEAL EXISTING TOWN
CHARTER OR CODE PROVISIONS; PROVIDING THE FORM OF SAID PETITIONS; PROVIDING FOR THE
VALIDATION OF SAID PETITIONS BY THE TOWN CLERK AND THE VERIFICATION OF SIGNATURES BY
THE BREVARD COUNTY SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY/INTERPRETATION
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. VOTE: ALL AYES. MOTION CARRIED.
F. RESOLUTION NO. 702
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA ESTABLISHING
AND PROVIDING FOR POLICIES AND PROCEDURES FOR THE TOWN COMMISSION; ESTABLISHING
MEETING RULES OR PROCEDURE; ESTABLISHING THE SEATING ARRANGEMENTS AT MEETINGS;
SETTING THE AGENDA; PROVIDING FOR ACTION BY CONSENT; SETTING THE TYPES OF MEETINGS;
PUBLIC NOTICE OF MEETINGS; SETTING FORTH RULES TO ADDRESS THE TOWN COMMISSION AND
PROCEDURES TO ADDRESS LAND DEVELOPMENT AND QUASI-JUDICIAL MATTERS; PROVIDING FOR
COMMISSION AND STAFF RESPONSE TO CITIZEN COMMENTS; SETTING RULES OF DEBATE; SETTING
A TIME FOR ADJOURNMENT OF MEETINGS; PROCEDURES FOR MINUTES OF TOWN COMMISSION
MEETINGS; PROVIDING AN EFFECTIVE DATE.
Town Attorney Paul Gougelman read Resolution No. 702 by title. Mayor Wille requested public comments after explaining
to those in attendance that the Commission had had a workshop on February 6, 2002 and their discussion covered what
was presented in the resolution.
Bob Gauthier, 400 Sunset Boulevard discussed the definition of citizen and gave his opinion about non-residents speaking
at Commission meetings.
Commissioner Crispen responded to some discussion about the right of employees to speak at Commission meetings
if they had not been requested to speak by the Town Manager. He felt that employees must go through the
recommended employee guidelines if there are grievances involved and not circumvent the written procedures.
Alice Graham, 305 Fifth Avenue did not feel that non-residents should be able to speak at the Commission meetings.
Commissioner Walters asked Town Attorney Gougelman if there were some legalities involved in this issue. Town
Attorney Gougelman felt that there might be some legal questions involved.
There being no further public comment, the Mayor closed the public portion of the meeting and opened it for
Commission discussion. The following motion was made after some discussion ensued.
COMMISSIONER CRISPEN MOVED, SECOND MAYOR WILLE TO APPROVE RESOLUTION NO. 702, A
RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA ESTABLISHING
AND PROVIDING FOR POLICIES AND PROCEDURES FOR THE TOWN COMMISSION; ESTABLISHING
MEETING RULES OR PROCEDURE; ESTABLISHING THE SEATING ARRANGEMENTS AT MEETINGS;
SETTING THE AGENDA; PROVIDING FOR ACTION BY CONSENT; SETTING THE TYPES OF MEETINGS;
PUBLIC NOTICE OF MEETINGS; SETTING FORTH RULES TO ADDRESS THE TOWN COMMISSION AND
PROCEDURES TO ADDRESS LAND DEVELOPMENT AND QUASI-JUDICIAL MATTERS; PROVIDING FOR
COMMISSION AND STAFF RESPONSE TO CITIZEN COMMENTS; SETTING RULES OF DEBATE; SETTING
A TIME FOR ADJOURNMENT OF MEETINGS; PROCEDURES FOR MINUTES OF TOWN COMMISSION
MEETINGS; PROVIDING AN EFFECTIVE DATE.
NOTE TO RECORD: It was noted there had been audio system malfunction but it was corrected so the following
minutes are recorded.
Commissioner Walters moved for an amendment to Section 2. Seating at Meetings…This would take effect at the
next election, not this one as this particular election was done as rules provided; Section 3. (B) (2) Setting the Agenda
to delete this (because Commissioner Walters said that they had not discussed this at the workshop, no other reason);
Section 7. Decorum; Addressing the Commission to amend the entire thing to include the Commission’s agreement in
the event that there was an objection by a Commissioner that the Commission voted as to whether or not that person
could speak…to be able to object to the Mayor’s decision if he was to ask someone to sit down and poll the Commission
as to whether or not to continue. Town Attorney Gougelman said that that amendment or addition was not needed as it
was already provided for in the Robert’s Rules of Order and explained how it would work…the chair could make a ruling
that an individual needed to sit down and at that time any member of the Commission could over rule the chair by a
majority vote of the Commission. Town Attorney Gougelman said that perhaps Commissioner Walters’ position should
be reflected in the minutes to protect him.
Commissioner Guglietta addressed Section 3 (B)(2) and felt that they had discussed it at the workshop. Commissioner
Walters said that there had been discussion at the November Town Commission meeting when he had put four items
on the agenda but that they had not discussed it at the workshop in February. Commissioner Walters reiterated that
he basically had no problem with it except that it had not been discussed and it sounded like a Commissioner could
only put one item on per agenda and there could be times he would want to put more on. More discussion followed
and Commissioner Walters decided to remove that item from the amendment.
Commissioner Crispen asked for further clarification on Section 7 and further discussion ensued as to the individuals
and Commissioners rights and procedures in this section.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER GUGLIETTA TO AMEND RESOLUTION 702
SECTION 2. SEATING AT MEETINGS TAKE EFFECT AFTER THE NEXT GENERAL ELECTION.
VOTE: AYES (COMMISSIONERS WALTERS AND GUGLIETTA).
NAYS (COMMISSIONER CRISPEN AND MAYOR WILLE).
NO ACTION.
Mayor Wille asked for clearer verbiage from the Town Attorney concerning the Resolution and Section 7. Town
Attorney Gougelman suggested an amendment for Section 7 (B) to read by adding the following sentence as the
first sentence in the section: Only Town residents, Town property owners or guests invited by the Commission
may address the Commission on any given item.
Commission Crispen said that the sentence Attorney Gougelman provided was fine but then asked what the
procedure would be if the Town Manager needed to invite someone to a meeting. There was discussion on this item.
COMMISSIONER CRISPEN MOVED, SECOND MAYOR WILLE TO ADOPT RESOLUTION 702 AS AMENDED BY
ADDING THE FOLLOWING AS THE FIRST SENTENCE TO SECTION 7 (B): ONLY TOWN RESIDENTS, TOWN
PROPERTY OWNERS OR GUESTS INVITED BY THE COMMISSION MAY ADDRESS THE COMMISSION ON
ANY GIVEN ITEM.
VOTE: AYES (COMMISSIONERS CRISPEN AND
GUGLIETTA AND MAYOR WILLE).
NAYS (COMMISSIONER WALTERS).
MOTION CARRIED.
Commissioner Crispen asked for another amendment to be added but the Mayor explained that the Resolution 702
with amendment had already been passed. Further procedural discussion followed concerning Commissioner Crispen
and Commissioner Walters questions. Mayor Wille explained that if there was a desire by any Commissioner on the
prevailing side to reconsider Resolution 702, the Chair would entertain such a motion.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER CRISPEN TO RECONSIDER ADOPTION
OF RESOLUTION 702 WITH THE MANDATORY LANGUAGE AS OUTLINED IN SECTION 7 (B).
VOTE: AYES (COMMISSIONERS GUGLIETTA AND CRISPEN AND MAYOR WILLE).
NAYS (COMMISSIONER WALTERS).
MOTION CARRIED.
There was discussion concerning the Town Manager’s ability to invite department heads to make presentations
before the Town Commission, what would happen to the chain of command in various situations and what recourse
employees would have if there was a grievance involved. Commissioner Crispen expressed his thoughts that they
should give the new Town Manager as much of a head start as he possibly can have. Commissioner Crispen
continued to say that he wants the new Town Manager to know that the Commission hired him and have entrusted
into his hands the management of the Town. Commissioner Crispen observed that the more the Commission gets
involved in the day-to-day operations, the micro-management, the handling of personnel issues, undermines the
Town to function. Commissioner Crispen stated that this was why he wanted to make the amendment.
COMMISSIONER CRISPEN MOVED, SECOND MAYOR WILLE TO ADOPT RESOLUTION 702 AS AMENDED
BY ADDING “TOWN MANAGER” TO THE FOLLOWING FIRST SENTENCE TO SECTION 7 (B): ONLY TOWN
RESIDENTS, TOWN PROPERTY OWNERS OR GUESTS INVITED BY THE COMMISSION OR THE TOWN
MANAGER MAY ADDRESS THE COMMISSION ON ANY GIVEN ITEM. EMPLOYEES OF THE TOWN MAY
NOT ADDRESS THE COMMISSION REGARDING THEIR JOB DESCRIPTIONS AND/OR JOB RELATED
REQUIREMENTS IF SUCH COMMENT WOULD CIRCUMVENT THE CHAIN OF COMMAND.
Commissioner Walters asked to add another amendment.
COMMISSIONER WALTERS MOVED THAT ALL OF SECTION 2. SEATING AT MEETINGS BE DELETED
AND THE RESOLUTION BE RENUMBERED. THERE WAS NO SECOND.
Mayor Wille called for any other amendments to Resolution 702.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER WALTERS THAT RESOLUTION 702 BE
AMENDED THAT SECTION 2 DOES NOT GO INTO EFFECT UNTIL AFTER THE NEXT GENERAL ELECTIONS
IN NOVEMBER. VOTE: AYES (COMMISSIONERS WALTERS AND GUGLIETTA). NAYS (COMMISSIONER
CRISPEN AND MAYOR WILLE). NO ACTION.
Mayor Wille called for a vote on Resolution 702 with the amendment as made by Commissioner Crispen.
COMMISSIONER CRISPEN MOVED, SECOND COMMISSIONER GUGLIETTA TO APPROVE RESOLUTION 702,
WITH THE AMENDMENT AS FOLLOWS: ADD “TOWN MANAGER” TO THE FOLLOWING FIRST SENTENCE TO
SECTION 7 (B): ONLY TOWN RESIDENTS, TOWN PROPERTY OWNERS OR GUESTS INVITED BY THE
COMMISSION OR THE TOWN MANAGER MAY ADDRESS THE COMMISSION ON ANY GIVEN ITEM. EMPLOYEES
OF THE TOWN MAY NOT ADDRESS THE COMMISSION REGARDING THEIR JOB DESCRIPTIONS AND/OR JOB
RELATED REQUIREMENTS IF SUCH COMMENT WOULD CIRCUMVENT THE CHAIN OF COMMAND, A RESOLUTION
OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA ESTABLISHING AND PROVIDING FOR
POLICIES AND PROCEDURES FOR THE TOWN COMMISSION; ESTABLISHING MEETING RULES OR PROCEDURE;
ESTABLISHING THE SEATING ARRANGEMENTS AT MEETINGS; SETTING THE AGENDA; PROVIDING FOR ACTION
BY CONSENT; SETTING THE TYPES OF MEETINGS; PUBLIC NOTICE OF MEETINGS; SETTING FORTH RULES TO
ADDRESS THE TOWN COMMISSION AND PROCEDURES TO ADDRESS LAND DEVELOPMENT AND
QUASI-JUDICIAL MATTERS; PROVIDING FOR COMMISSION AND STAFF RESPONSE TO CITIZEN COMMENTS;
SETTING RULES OF DEBATE; SETTING A TIME FOR ADJOURNMENT OF MEETINGS; PROCEDURES FOR
MINUTES OF TOWN COMMISSION MEETINGS; PROVIDING AN EFFECTIVE DATE.
VOTE: AYES (COMMISSIONERS CRISPEN AND GUGLIETTA AND MAYOR WILLE). N
AYS (COMMISSIONER WALTERS).
MOTION CARRIED.
V. NEW BUSINESS:
B. DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF AN INTERLOCAL
AGREEMENT BETWEEN THE TOWN OF MELBOURNE BEACH AND BREVARD COUNTY FOR
TRAFFIC SIGNAL MAINTENANCE.
Town Attorney Gougelman agreed with the agreement except for page 3, section 8 concerning indemnification.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER WALTERS TO APPROVE AGREEMENT
BETWEEN THE TOWN OF MELBOURNE BEACH AND BREVARD COUNTY FOR TRAFFIC SIGNAL MAINTENANCE
WITH SECTION 8 TOBE REVIEWED FOR INCLUSION/EXCLUSION BY TOWN ATTORNEY AND TOWN MANAGER.
VOTE: ALL AYES. MOTION CARRIED.
C. APPOINTMENT OF A TOWN COMMISSION MEMBER TO THE BREVARD WATER SUPPLY BOARD.
Mayor Wille expressed interest in being appointed to this board if no one else was interested.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER CRISPEN TO APPOINTMENT MAYOR WILLE
TO THE BREVARD WATER SUPPLY BOARD.
VOTE: ALL AYES. MOTION CARRIED.
D. ACCEPTANCE OF INTERIM TOWN MANAGER'S RESIGNATION
Mayor Wille on behalf of the Town Commission and the residents of the Town thanked Interim Town Manager Masny
for the fine job she did and appreciated all of the time and effort she put forth in her duties as Interim Town Manager.
COMMISSIONER CRISPEN MOVED, SECOND COMMISSIONER GUGLIETTA TO ACCEPT CYNTHIA E. MASNY'S
RESIGNATION FROM THE POSITION OF INTERIM TOWN MANAGER EFFECTIVE APRIL 1, 2002.
VOTE: ALL AYES. MOTION CARRIED.
E. ACCEPTANCE OF INTERIM TOWN CLERK'S RESIGNATION
Mayor Wille thanked Interim Town Clerk Wiley for stepping in and expressed appreciated for all the work
she did for the Town.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER CRISPEN TO ACCEPT JANE WILEY'S
RESIGNATION FROM THE POSITION OF INTERIM TOWN CLERK EFFECTIVE APRIL 1, 2002.
VOTE: ALL AYES. MOTION CARRIED.
F. APPOINTMENT OF TOWN CLERK
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER CRISPEN TO APPOINT CYNTHIA E. MASNY
AS THE TOWN CLERK OF THE TOWN OF MELBOURNE BEACH, FLORIDA EFFECTIVE APRIL 1, 2002.
VOTE: ALL AYES. MOTION CARRIED.
G. DISCUSSION AND POSSIBLE ACTION REGARDING A REQUEST TO AMEND ELECTRICAL
SERVICE TO CHRISTMAS TREE CIRCLE DURING COMMUNITY CENTER RENOVATIONS.
Public Works Director Powers request to upgrade the proposed electrical service to 400 AMPS
which would alleviate power supply problems that have arisen during Founders Day and during the Christmas Tree
Lighting activities. The cost of the upgrade would be $3,935.27 and the fee could be taken out of the Public Works
Capital Improvement Fund Contingency if the request is approved.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER CRISPEN TO APPROVE THE REQUEST
TO AMEND ELECTRICAL SERVICE TO CHRISTMAS TREE CIRCLE DURING COMMUNITY CENTER RENOVATIONS.
VOTE: ALL AYES. MOTION CARRIED.
VII. REPORTS:
A. TOWN ATTORNEY
No report.
B. INTERIM TOWN MANAGER
There was some information given by the Interim Town Manager concerning the municipal complex and whether
or not Jack Rood would be ready to discuss this with the Commission.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER WALTERS TO REQUEST THE INTERIM
TOWN MANAGER TO TENTATIVELY SCHEDULE A WORKSHOP ON APRIL 10, 2002 IF MR. ROOD WAS
READY WITH A PRESENTATION ON THE MUNICIPAL COMPLEX.
VOTE: ALL AYES. MOTION CARRIED.
Interim Town Manager Masny then reported that the A1A project would begin on April 22 with resurfacing to be
done at night, the force main project was to have three crews working with
completion in April and gave an update on the beach renourishment project as well as Loggerhead Park Preserve.
Mayor Wille brought up Local Agency Project Certification Process (LAP) and the enhancement grant and passed
the gavel in order to make the following motion.
MAYOR WILLE MOVED, SECOND COMMISSIONER WALTERS TO RECOMMEND THAT ROCHELLE
LAWANDALES RESEARCH AND REPORT TO THE TOWN COMMISSION ABOUT POSSIBLE DIALOGUE
WITH THE COUNTY AND THE TOWN CONCERNING THE LOCAL AGENCY PROJECT CERTIFICATION
PROCESS (LAP) AND WHAT WOULD IT TAKE FOR THE TOWN TO BE LOCAL AGENCY PROJECT (LAP)
CERTIFIED.
VOTE: ALL AYES. MOTION CARRIED.
VII. TOWN COMMISSION ANNOUNCEMENTS, COMMENTS & REPORTS
Commissioner Guglietta reported on the Space Coast League of Cities meeting the discussion of Home Rule and
what other sister cities were doing via resolutions.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER CRISPEN TO REQUEST THAT A
RESOLUTION SIMILAR TO THOSE OF MALABAR AND PALM BAY CONCERNING MUNICIPAL HOME
RULE AUTHORITY BE PUT ON THE NEXT TOWN COMMISSION'S AGENDA.
VOTE: ALL AYES. MOTION CARRIED.
Commissioner Walters discussed the following: 1) starting salary for the new Police Chief and was informed
that the Commission could recommend a salary but it was up to the Town Manager to take care of this in the
hiring process; 2) felt the Public Works report didn't give him sufficient information and wanted more detail; 3)
questioned why a meeting had not been set up concerning the pedway/sidewalk; 4) reminded the Town staff that
a communication report had not been produced; 5) asked that a workshop be set up with Frank Thomas to discuss
items Mr. Thomas has and have some resolution to the situation as well as giving Mr. Thomas an opportunity to
present a plan he has; 6) still had no information on the permit fees and wondered about the revision of the Code
of Ordinances concerning the new Building Codes that were going into effect state-wide; 7) had a question about
the Public Works worker on weekends; and 8) wanted an explanation of the gavel passing during the night's meeting
and it was said that according to Robert's Rules of Order this could be done.
Commissioner Walters also referred to why he did not vote for Resolution 702.
Commissioner Crispen made the observation that he agreed with the concern of the liability issue over the marine
rescue boat and that it was an important issue. He also thanked the Fire Department and the Police Department
for being there for the citizens of the Town.
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 11:05 p.m.
____________________________________
ROBERT D. WILLE, MAYOR
____________________________________
CYNTHIA E. MASNY, INTERIM TOWN MANAGER
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.
|