TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - REGULAR MEETING
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WEDNESDAY
SEPTEMBER 18, 2002
7:00 p.m.
COMMUNITY CENTER
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A regular meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by
Mayor Wille at 7:03 p.m. on Wednesday, September 18, 2002 in the Community Center. Mayor Wille also led
the Pledge of Allegiance
Present:
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Mayor Wille
Vice Mayor Smith
Commissioner Crispen
Commissioner Walters
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Others Present:
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Town Attorney Gougelman
Town Manager Hoskovec
14 members of the public
Town Clerk Masny
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I. CHANGES TO THE AGENDA
There were no recommended changes to the agenda from staff or the Town Commission.
II. PRESENTATIONS BY SPECIAL GUESTS:
A. PRESENTATION BY THE CLEAN BEACHES COUNCIL DECLARING MELBOURNE BEACH AS A
"BLUE WAVE BEACH".
Larry Weber of Keep Brevard Beautiful presented the Town Commission with a document declaring Melbourne
Beach as a Blue Wave Beach and discussed what it means to be declared a Blue Wave Beach by established
criteria.
B. PRESENTATION AND REVIEW BY MR. JACK ROOD, ARCHITECTS IN ASSOCIATION, ROOD &
ZWICK, INC. REGARDING THE TOWN OF MELBOURNE BEACH MUNICIPAL COMPLEX.
Jack Rood, Rood & Zwick, Inc. advised that the Town is accepting bids for the municipal complex until
October 1, 2002 and that several contractors have been out to the site. Mr. Rood presented a set of complete
plan documents to the Town Commission for their review and stated that 12 bid alternates are built into the
documents.
Mayor Wille asked what the time frame of the project phasing is? Mr. Rood stated that there are three (3)
phases in the project: Phase I. Construction of the Public Works building, which will include the retention
area as well and fixing the low area in front of the Community Center. This phase duration is 120 days and
staff will need to deal with relocation at the end of phase I. Mr. Rood advised that the asbestos abatement
in fire department will need to be completed prior to demolition and will be a separate bid project. Mr. Rood
advised the Phase II. will be to construct the Fire Department, Police Department and Town Hall and will last
300 days. Phase III. will be converting the Public Works Building for their use because some walls and doors
will need to be added to convert it from the fire vehicle storage area. Mr. Rood advised that the total construction
time will be 450 days and will end in April 2004.
III. NON-SCHEDULED CITIZEN COMMENTS.
William G. Stacey, 610 Hibiscus Trail came forward and referenced Florida Statutes Chapter 102.031, paragraph C and
advised that Commissioner Crispen was presenting his handbills within 50 feet of a polling entrance and asked Town
Attorney Gougelman to say a few words on this matter because he is confused as to where the 50 feet is measured from.
Town Attorney Gougelman stated that he would be happy to research this if the Town Commission wishes. Vice Mayor
Smith stated that it is a little confusing because the Supervisor of Election’s website has an article that reads:
“Limitations of soliciting at Polls”, “No person may enter the polling room or polling place where the polling place is also
the polling room. No person, political committee, committee of continuous existence or other group or organization may
solicit voters within 50 feet of the entrance to any polling place or polling room when the polling place is also the polling
room.. Vice Mayor Smith stated that when she was Clerk, she measured from the exit door and it was 100 feet then
and they changed it to 50 feet. Commissioner Walters stated that the rules of the Town say that no person can distribute
literature on Town property. Mr. Walters advised that this is in the Town’s Policy and Procedures Manual, Section 4.04.
Commissioner Crispen stated that on primary day, after he voted, he asked the election’s clerkif it would be permissible
for him to campaign for Mayor at the polling place and she advised that it would be permissible as long as he was 50 feet
from the entrance to the polling place. Commissioner Crispen advised that he asked the Deputy Sheriff to walk off the 50
feet from the entrance with him and she said she would watch to make sure he did not get too close. Commissioner
Crispen advised that no representative of the Town advised that he was violating any rule.
Paul Guglietta, 318 Fourth Avenue stated that as a concerned citizen, he will comment that he was a witness to an
incident at a budget workshop in this building about four (4) weeks’ ago between Commissioner Crispen and a female
resident and employee of the Town. Mr. Guglietta advised that all present were asked to give a deposition regarding
this matter, and the matter was referred to the State Attorney for determination, and the Town was informed that there
was no determination reached because the State Attorney could not find sufficient evidence to warrant any criminal
action against Commissioner Crispen. Mr. Guglietta stated that he witnessed an act of very poor judgment and
insensitivity on the part of the Commissioner. Mr. Guglietta advised that because the State Attorney is not taking any
action, it does not relieve the Town of any responsibility if this Town resident and employee decides to pursue other legal
courses of action. Mr. Guglietta commented that this could cost the taxpayers many thousands of dollars in legal fees,
which we can ill afford to spend because of bad judgment.
Mr. Guglietta commented that he is not concerned with the 50-foot law, but the part of the law which states, “soliciting is
not restricted if conducted on property within a 50-foot zone within a residence, established business, private property,
sidewalk, park or property traditionally utilized as a public area for discussion. Solicitation should not be permitted within
50 feet of a public sidewalk or similar means of access to the polling room if it’s clearly identifiable to the poll worker that
the solicitation is impeding, obstructing, or interfering with voter’s access to the polling room or polling place, or if conducted
from a separately marked area within the 50 foot zone as not to distribute, hinder, impede, obstruct or interfere with the
voter’s access to the polls or polling place entrance and if the solicitation activity and subject matter is clearly
identifiable by the voter as an activity in which they may voluntarily participate in.” Mr. Guglietta stated that as far as he
is concerned, as long as he doesn’t reach out and solicit people, this is voluntary on their part, but, if he is am standing
there shaking hands and campaigning, that’s not a voluntary participation in the action according to the statute. Mr.
Guglietta suggested that the candidates to stay out of the 50-foot zone, off of the driveway and sidewalk.
Commissioner Crispen explained the events of the workshop Mr. Guglietta brought up stated that the State Attorney said
there was no criminal activity or intent. Commissioner Crispen read from Mr. Guglietta’s statement of the events of that
workshop and stated that, among other things, he said that, “nothing was done with malice or forethought, it was casual
touching,” “it never got emotional or personal,” “it wasn’t intentional,” “it wasn’t done with malice,” “I think he wanted
to counsel her,” “it was just pure casual touching”. Commissioner Crispen stated that it is painfully obvious that we are
taking Town time and money to discuss issues that are being brought before us to try to embarrass me.
Commissioner Walters stated that he was one of the witnesses to the incident and feels it appropriate to tell you all that
when the Finance Clerk came to the table, we were discussing the position and I was willing to eliminate the Finance
Clerk position because we do not need two (2) people in that department. Commissioner Walters stated that he was
willing to let the Town Manager hire someone with municipal experience that he needed to get the job done.
Commissioner Walters stated that Commissioner Crispen invited her up to the table and after the discussion was done,
he agreed with me, and he said, “Mary and I’m sorry” and he touched her leg”. Commissioner Walters stated that from
working at Town Hall he knows she is an extremely sensitive person and he knew there were going to be problems after
that. Commissioner Walters stated that in his statement, he was going to put the word “slapped”, but that would sound
like he was assaulting her, but that’s not what it was, it was in sympathy and it was done innocently. Commissioner
Walters stated that he was also going to put “touched”, but that sounds sexual so he put “patted”.
Martha Remark, 707 Atlantic Street asked what the outcome of the Finance Director position was? Mayor Wille advised
that the budget included both positions. Ms. Remark asked if the Town was keeping two (2) people in finance? Vice
Mayor Smith explained that she believes it is necessary to keep stability during the transition period.
The Town Commission requested that the Town Manager review the policy regarding solicitation on Town property and
report back an amendment to the policy as to not prevent candidates presenting their materials on Town property. The
Town Commission requested that the Town Clerk research the 50-foot rule. Commissioner Crispen asked that the Town
Clerk research the rules for campaign signs.
Mr. Guglietta, 318 Fourth Avenue stated that the Town Code says you cannot put up a campaign sign on any property
or right-of-way within 30 days of the election. Mr. Guglietta stated that none of his signs are posted in violation of the law.
IV. APPROVAL OF MINUTES: AUGUST 19, 2002 WORKSHOP,
AUGUST 21, 2002 REGULAR MEETING,
AUGUST 28, 2002 SPECIAL MEETING,
AUGUST 28, 2002 WORKSHOP,
AUGUST 29, 2002 SPECIAL MEETING, AND
SEPTEMBER 6, 2002 SPECIAL MEETING.
COMMISSIONER CRISPEN MOVED, SECOND COMMISSIONER WALTERS TO APPROVE THE MINUTES OF
AUGUST 19, 2002 WORKSHOP, AUGUST 21, 2002 REGULAR MEETING, AUGUST 28, 2002 SPECIAL MEETING,
AUGUST 28, 2002 WORKSHOP, AUGUST 29, 2002 SPECIAL MEETING AND SEPTEMBER 6, 2002 SPECIAL
MEETING.
VOTE: ALL AYES. MOTION CARRIED.
Commissioner Walters stated that in the minutes, Commissioner Crispen had asked for a list of things the
Commission had charged the Manager with doing so that we could keep track of these. Town Clerk Masny
was asked to prepare the list.
V. RESOLUTION NO. 711
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AUTHORIZING AND
APPROVING INTRA/INTER DEPARTMENTAL TRANSFERS FOR FISCAL YEAR 2001-2002 BUDGET; PROVIDING
AN EFFECTIVE DATE.
Mayor Wille read Resolution No. 711 by title. Town Manager Hoskovec stated that the purpose of this amendment
is to adjust and balance funds out for the year-end. Town Manager Hoskovec stated that adjustments need to be
made to several salary and related line items in the budget, such as pension and FICA. Town Manager Hoskovec
stated that this is a large adjustment and our intent is to change our financing and go to an accrual type basis and
do our budget amendments quarterly.
Mayor Wille stated that he felt the presentation was lacking in descriptions as he could not follow them without a
budget in front of him.
Commissioner Walters stated that on Page 3, the capital outlay in the Police Department was increased by
$14,000 and asked what this was for? Town Manager Hoskovec reported that he is not sure, but will get an
answer for the Commission
Commissioner Walters asked on Page 4 what the capital siren is? Town Manager Hoskovec stated that the siren
was originally obtained through a grant and was not paid in the same year the grant was awarded and the funds
had to be taken out of the carryover.
Commissioner Crispen questioned Page 1 on the General Fund Revenue and stated that there was nothing in last
year’s budget for Casualty Insurance Tax, Utility Tax Southern Bell and Franchise Fees Cable and now there is an
increase. Commissioner Crispen asked Town Manager Hoskovec to explain the increases. Town Manager
Hoskovec stated that this is where they had changed over how they were collecting the Franchise Fees, prior
to that they were listed separately and now they rolled them into one category. Mayor Wille stated that this
was due to the Communication Services Tax which was passed by the legislature.
Mayor Wille asked for a memo from the Town Manager regarding Commissioner Walters' questions about the
capital outlay in the Police Department.
Mike King, 1402 Oak Street, questioned the math and how to check for an increase or decrease in the budget.
Town Manager Hoskovec reported that the net affect on the budget is $22,695 to the good.
COMMISSIONER CRISPEN MOVED, SECOND COMMISSIONER WALTERS TO APPROVE RESOLUTION
NO. 711, A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA
AUTHORIZING AND APPROVING INTRA/INTER DEPARTMENTAL TRANSFERS FOR FISCAL YEAR 2001-2002
BUDGET; PROVIDING AN EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED.
V. REPORTS BY ANY TOWN BOARD SUBMITTING A REPORT
A. PARKS BOARD
Donnie Price, Chairman of the Parks Board came forward and reported that the music in the park was a success
and others are scheduled for October 5, 2002 and November 2, 2002. Mr. Price asked for approval for the Parks
Board to hold a Halloween celebration in Ryckman Parks to distribute treats, prizes and play free music for the
children. Mr. Price stated that the Board is interested holding the music series one (1) time per month for as long
as it can be continued.
Mr. Price requested that the Board be given the authority to work through the Town Manager for approval of small
events rather than the Town Commission.
Mr. Price stated that the Board’s next project will be to evaluate and make recommendations to improve Ocean Park.
Vice Mayor Smith stated that for the projects they have planned, the Board needs to bring the recommendations
to the Town Commission, but, we can set a dollar amount the Town Manager can approve.
Mayor Wille stated that the board has demonstrated great credibility to the Commission in their ability to plan
events in a family community and the Town has funded a significant increase in this next budget to provide events
such as music in the park and similar cultural events for the community.
IT IS THE CONSENSUS OF THE TOWN COMMISSION THAT THE TOWN MANAGER AND PARKS BOARD
COME UP WITH A NEW POLICY THAT REFLECTS THE OPPORTUNITIES THAT EXIST IN THE PARKS THAT
DID NOT PREVIOUSLY AND THEIR ABILITY TO APPROPRIATELY COME UP WITH VENUES TO SUPPORT
THE CITIZENS.
VI. CONSENT AGENDA
A. ACCEPTANCE OF RESIGNATION OF JEANNE ALLEN FROM THE WILLIAMS BUILDING AD HOC
COMMITTEE
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER CRISPEN TO APPROVE THE CONSENT
AGENDA AS PRESENTED. ACCEPTANCE OF RESIGNATION OF JEANNE ALLEN FROM THE WILLIAMS
BUILDING AD HOC COMMITTEE. VOTE: ALL AYES. MOTION CARRIED.
VII. OLD BUSINESS:
A. DISCUSSION AND POSSIBLE ACTION REGARDING A RECOMMENDATION TO PROCEED WITH
THE PROPOSED OAK STREET PEDWAY PROJECT.
Town Manager Hoskovec reported that he has met with residents, at two (2) different meetings, to discuss the
idea of constructing a pedway from Ocean Avenue south along Oak Street.
Town Manager Hoskovec reported that there is a consensus from citizens to place the pedway on the east side
of Oak Street from Ocean Avenue to A1A as the west side has 17 power poles that would have to be moved at
a cost of $50,000, excluding the infrastructure costs. Town Manager Hoskovec reported that some areas of the
pedway will impact the properties that have a 50-foot right-of-way and we may need to install a four (4) or five (5)
foot sidewalk at these areas. Town Manager Hoskovec reported that some trees may need to be moved also.
Town Manager Hoskovec reported that the pedway will be installed to move our children and pedestrians safely,
have a minimum impact on residents in that area, and will also address the traffic calming issue along Oak Street.
Town Manager Hoskovec advised that the Town will also address the crossing guard issue to move her to an area
where the children will all be crossed. Town Manager Hoskovec stated that the Town has worked with the County
Parks and Recreations and is working on an agreement with the county as to not impact the parking at Flutie Field.
Town Manager Hoskovec recommended that the Town Commission pursue the pedway project on the east side of
Oak Street and allow the planning of the project to start.
Mayor Wille opened the meeting to comments from the public regarding the pedway project.
William Stacey, 610 Hibiscus Trail thanked the Town for selecting the east side of Oak Street for the location of
the pedway.
Paul Guglietta, 318 Fourth Avenue, stated that he attended meetings regarding the pedway and agreed that the
east side of Oak Street is the appropriate side of road for the pedway. Mr. Guglietta reported that the meetings
were well attended and handled well by the Town Manager. Mr. Guglietta thanked the County and Town employees
for their efforts.
Linda Loizzo, future Police Chief stated that this pedway is an important issue and that she met with the school
principal of Gemini Elementary School regarding the location of the school crossing. Ms. Loizzo asked for a
consensus of the Town Commission that they support the safety issue of the County installing a safety crosswalk.
Mayor Wille stated that he thought that this would be a part of the pedway project. Town Manager Hoskovec stated
that this is a separate issue because the crossing is a safety issue that needs to be addressed before the pedway
is constructed.
Mayor Wille closed the meeting to public comment regarding the proposed pedway.
COMMISSIONER WALTERS MOVED, SECOND VICE MAYOR SMITH TO APPROVE THE DESIGN AND
COST ANALYSIS OF A PEDWAY ON THE EAST SIDE OF OAK STREET FROM OCEAN AVENUE TO A1A
MAKING DESIGN CHANGES, AS NECESSARY SO AS TO LIMIT THE NEGATIVE IMPACT ON HOMEOWNERS
WHO LIVE ON OAK STREET.
VOTE: ALL AYES. MOTION CARRIED.
B. DISCUSSION AND POSSIBLE ACTION REGARDING THE PLACEMENT OF TWO (2) CITIZEN
REPRESENTATIVES FROM THE TOWN OF MELBOURNE BEACH TO THE MELBOURNE BEACH
PUBLIC LIBRARY ADVISORY BOARD.
Mayor Wille stated that the Town received an application from Shirley Baccus requesting appointment to the
board and the Town Commission had discussed that one of the appointments be a resident and one be a
member of the Town Commission.
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER WALTERS TO APPOINT SHIRLEY BACCUS TO
THE MELBOURNE BEACH PUBLIC LIBRARY ADVISORY BOARD.
VOTE: ALL AYES. MOTION CARRIED.
Commissioner Walters volunteered to serve as the Town Commission member on the Melbourne Beach Public
Library Advisory Board, if Commissioner Crispen does not mind as he originally expressed interest in serving.
Commissioner Crispen stated that he represents the Town on other committees and volunteered to withdraw
his name.
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER CRISPEN TO APPOINT COMMISSIONER
WALTERS TO THE MELBOURNE BEACH PUBLIC LIBRARY ADVISORY BOARD.
VOTE: ALL AYES. MOTION CARRIED.
Mayor Wille recommended that the Town representatives on the library board bring up, as one of the first items
to the library board, the subject of the proposed hours the library is open as the hours need to better serve the
community.
Mike King, 1402 Oak Street stated that the clock on the library is ugly and does not fit with the decor.
Commissioner Walters stated that he can bring this up for discussion at a meeting.
VII. NEW BUSINESS:
A. DISCUSSION AND POSSIBLE ACTION REGARDING THE CREATION AND IMPLEMENTATION OF A
LOCAL GOVERNMENT INTERLOCAL PLANNING AGREEMENT.
Town Manager Hoskovec stated that he would like to withdraw this agenda item as the Town Attorney has
not yet received a copy to review. There was no action on this item. Town Manager Hoskovec to bring back
to the Town Commission when ready.
B. DISCUSSION AND POSSIBLE ACTION REGARDING THE RENEWAL OF THE TOWN DISPATCH CONTRACT
AND AGREEMENT BETWEEN THE TOWN OF MELBOURNE BEACH AND THE CITY OF INDIAN HARBOUR
BEACH.
Town Manager Hoskovec stated that the dispatch contract has been increased slightly and this increase has
been included in next year’s budget. Town Manager Hoskovec stated that as far as he knows, the services
remain the same and recommended that the Town Commission accept the agreement.
Commissioner Walters asked what the annual fees are per year now? Town Manager Hoskovec responded
$20,000 between fire and police. Commissioner Walters stated that he would like to know what “major
equipment replacement” means in this agreement.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER CRISPEN TO APPROVE THE RENEWAL
OF THE TOWN DISPATCH CONTRACT AND AGREEMENT BETWEEN THE TOWN OF MELBOURNE BEACH
AND THE CITY OF INDIAN HARBOUR BEACH. VOTE: ALL AYES. MOTION CARRIED.
C. DISCUSSION AND POSSIBLE ACTION REGARDING THE TOWN COMMISSION PLACING THE TOWN
MANAGER ON THE MPO TECHNICAL ADVISORY COMMITTEE (TAC).
Town Manager Hoskovec stated that he was never appointed by Town Commission to be on the Metropolitan
Planning Organization TAC Committee and requested an official appointment from the Town Commission.
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER CRISPEN TO APPOINT TOWN MANAGER
HOSKOVEC AS THE TOWN’S APPOINTMENT TO THE METROPOLITAN PLANNING ORGANIZATION
TECHNICAL ADVISORY COMMITTEE.
VOTE: ALL AYES. MOTION CARRIED.
IX. REPORTS:
A. TOWN ATTORNEY
There was no report from the Town Attorney.
B. TOWN MANAGER
Town Manager Hoskovec reported that the asbestos abatement project for the Fire Department will need to go
to bid and that he will bring proposal back to the Town Commission for approval. Town Manager Hoskovec
reported that RKT Construction will finish the forced main project tomorrow. Town Manager Hoskovec reported
that the stormwater project on Oak Street will begin soon and that no completion date has been scheduled yet.
Mayor Wille requested that the County present the final plans and brief the Town Commission on the stormwater
project.
Town Manager Hoskovec reported that the Pelican and Anchor Key project begins on Monday and is scheduled
to be a 45-day project and that Creech Engineering will be observing this project.
C. TOWN COMMISSION
Commissioner Crispen reported that it is campaign season and that he is looking forward to a positive and
productive campaign and that everybody is working hard for the betterment of the Town.
Vice Mayor Smith reported that she will be out of Town October 7, 2002 through October 20, 2002 and stated
that the regular Town Commission meeting falls on October 16, 2002 and stated that the Town Commission
could keep the meeting on the regular date or hold it after she gets back from vacation. It was discussed that
the pier bid award meeting be held prior to Vice Mayor Smith leaving on vacation and that regular meeting be
held after she returns, if schedules allow.
Commissioner Walters reported that the bocce ball players would like to have a shelter built on each end of both
courts rather than one (1) down center as suggested by a Town employee. Commissioner Walters stated that he
would like to see this done in a reasonable time. Town Manager Hoskovec stated that he was waiting to do these
shelters in the next budget cycle. Commissioner Walters asked if the Town received an extension for using the
bond money for the municipal complex? Town Manager Hoskovec stated that he sent the letter asking for this
request last month and is waiting for their response. Commissioner Walters stated that he wished he would
have received a program for remembering the events of September 11th so that he would have known the process.
Commissioner Walters asked that a program be available prior to events like this in the future. Commissioner
Walters stated that the Town Commission has come up with rules for its meetings and stated that he asked for
an item to be placed on the agenda regarding an article submitted by a Commissioner for placement in the
newsletter because it violated our Town policy. Commissioner Walters stated that at 8:20 a.m. the morning
before the meeting, he e-mailed the Town and brought a hard copy of his request to the Town at 10:20 a.m.
Commissioner Walters asked why it was not placed on the agenda? Town Clerk Masny deferred answering
that question to Town Manager Hoskovec who stated that he referred to the Town Charter and according to it,
a meeting can be called by either the Mayor, himself or two (2) Commissioners and that’s what he was relying
on and did not look further. Town Manager Hoskovec stated that he did not refer to the rules. Commissioner
Walters stated that he should have received a telephone call if indeed he needed another Commissioner to
put an item on the agenda. Commissioner Walters stated that he did not know that the Town Clerk would be
on vacation this month and the Deputy Town Clerk is not trained to fill public records request and he would like
to know in advance when she is out of the office in the future.
THE TOWN CLERK IS HEREBY REQUIRED TO INFORM THE ENTIRE COMMISSION WHENEVER SHE
RECEIVES PERMISSION TO TAKE VACATION TIME OR COMPENSATION TIME EXCEEDING EIGHT (8) HOURS.
VOTE: ALL AYES. MOTION CARRIED.
Mayor Wille reported that the Town received a letter from the District Manager of Waste Management and his
wife has come down with a dehabilitating disease and asked that the Town send a note of concern.
D. GENERAL COMMISSION DISCUSSION (TIME PERMITTING)
There was no general Commission discussion.
X. ADJOURNMENT
COMMISSIONER CRISPEN 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 9:10 p.m.
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ROBERT D. WILLE, MAYOR
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CYNTHIA E. MASNY, CMC
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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