TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - REGULAR MEETING
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WEDNESDAY
November 28, 2001
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, November 28, 2001 in the Community Center. Mayor Wille also led
the Pledge of Allegiance to the Flag.
Present:
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Mayor Wille
Vice Mayor Remark
Commissioner Smith
Commissioner Stacey
Commissioner Stark
Commissioner elect Crispen
Commissioner elect Guglietta
Commissioner elect Walters
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Others Present:
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Town Attorney Gougelman
Interim Town Manager Masny
Interim Town Clerk Wiley
30 to 40 Town Residents
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I. APPROVAL OF MINUTES: AUGUST 15, 2001 REGULAR MEETING
COMMISSIONER STACEY MOVED, SECOND VICE MAYOR REMARK TO APPROVE THE MINUTES OF THE
AUGUST 15, 2001 REGULAR MEETING AS WRITTEN.
VOTE: ALL AYES. MOTION CARRIED.
PRESENTATION
MAYOR WILLE PRESENTED APPRECIATION PLAQUES TO VICE MAYOR MARTHA REMARK, COMMISSIONER
WILLIAM STACEY AND COMMISSIONER SUSAN STARK FOR THEIR DEDICATED SERVICE TO THE TOWN OF
MELBOURNE BEACH.
MAYOR WILLE PRESENTED CERTIFICATES OF ELECTION TO COMMISSIONER MARK CRISPEN, COMMISSIONER
PAUL GUGLIETTA AND COMMISSIONER STEVE WALTERS.
TOWN ATTORNEY PAUL GOUGELMAN ADMINISTERED THE OATH OF OFFICE TO COMMISSIONER MARK CRISPEN,
COMMISSIONER PAUL GUGLIETTA AND COMMISSIONER STEVE WALTERS.
Mayor Wille requested a recess to allow for congratulations and refreshments. The meeting recessed from 7:15 p.m. until
7:30 p.m.
MAYOR WILLE PRESENTED CERTIFICATES OF APPRECIATION TO MEMBERS OF THE BLUE RIBBON MUNICIPAL
COMPLEX REVIEW AND ADVISORY COMMITTEE.
II. TOWN BOARD AND COMMITTEE REPORTS – DISCUSSION AND POSSIBLE ACTION:
A. ENVIRONMENTAL ADVISORY BOARD – CONSIDERATION OF BIDS FOR LOGGERHEAD PARK PRESERVE
Jeanne Allen of the Environmental Advisory Board referred to the information presented in the Commission packets
concerning the results and recommendations for the Boardwalk/Dune Walkover Sealed Bids for Loggerhead Park Preserve.
Ms. Allen explained that the bids were over budget and discussed redesigning the project, put it out for bid again and
within the time frame should be able to complete the project before turtle season. Ms. Allen asked the Commission for
their direction to take back to the Environmental Advisory Board. The Commission discussed the amount of the bids,
how much of the proposal might be reduced and use of TREX material and the possibility of negotiating with the current
low bidder.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER SMITH TO FIRST GO TO THE LOWEST BIDDER AND
NEGOTIATE FOR A BID THAT MEETS THE BUDGETED AMOUNT OR IF THAT IS NOT SUCCESSFUL TO REJECT
THE CURRENT PROPOSALS, ASK THE ENVIRONMENTAL ADVISORY BOARD TO REDUCE THE SCOPE OF THE
PROJECT WITH POSSIBLE ADDITIONS TO BE FUNDED AT A LATER TIME, TO NOTIFY BIDDERS OF TIME RESTRAINTS
FOR ANOTHER BID PROPOSAL. VOTE: ALL AYES. MOTION CARRIED.
B. REPORTS FROM ANY OTHER TOWN BOARDS AND COMMITTEES
Sheryl Alberga, Chairman of the Williams Building Committee came forward to ask about the Inter local agreement
with the Brevard County and was asked to addressed this as it was an agenda item that would appear later in the evening.
Marty Remark representing the Beach Advisory Committee to the Tourist Development Council reported that Melbourne
Beach was to be one of the Blue Wave Communities and that distinction indicates that the Town has beach environmental
checking, lifeguards and other positive aspects of the beach. The TDC will provide initiation fees and signage and the
highlighting of the Town in TDC advertising. Ms. Remark said that the Town would be notified as the project progressed.
III. NON-SCHEDULED CITIZEN COMMENTS (3-MINUTE LIMIT, PLEASE)
Seth Stark, 410 Fifth Avenue thanked the outgoing Commissioners for all of their work and the time and effort it takes.
He proceeded to congratulate the new Commissioners and expressed hope that the new Commission would get along,
be strong and united. Mr. Stark pointed out the nation’s challenges and felt the need as neighbors to be united and
not to ignore our quality of life. He hoped the motivations everyone would have concerned families, friends and neighbors
and this would continue to lead to the freedom, security and right to be happy which we all hope for in our community
and our nation. He mentioned all of the good that is provided for within the Town of Melbourne Beach…a clean and
peaceful place to live and raise families in. Mr. Stark felt everyone should be thankful for the community and to
remember that without the word “united”, we can’t have a community.
IV. PUBLIC HEARING:
A. ORDINANCE 2001-02
AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO THE
DEFENSE OF CIVIL ACTIONS AGAINST OFFICERS, EMPLOYEES AND AGENTS OF THE TOWN; MAKING
FINDINGS;
CREATING SECTION 10-2, TOWN CODE; PROVIDING FOR THE PAYMENT OF THE DEFENSE OF CIVIL
ACTIONS AND JUDGMENTS; PROVIDING A SEVER- ABILITY/INTERPRETATION CLAUSE; PROVIDING FOR
THE REPEAL OF CERTAIN INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN
EFFECTIVE DATE (SECOND AND FINAL READING)
Town Attorney Paul Gougelman read Ordinance 2001-02 by title. Mayor Wille opened the meeting to public that person would
be personally liable for the action.
Town Attorney Gougelman responded to a question by Commissioner Crispen by explaining about the Florida State
Statute 111.07 as set out by the ordinance. Town Attorney Gougelman said that the Town codes could not go beyond
what the Statute states. Commissioner Crispen asked how the ordinance would benefit the current Commission, Town
staff and others in the commission of the Town’s business as volunteers. Town Attorney Gougelman explained that if
there were a lawsuit, the Town would defend them. The policy is very clear with the ordinance and it sets out a commitment
by the Town.
Town Attorney Gougelman clarified the discussion about the issue of legal representation and the expectations of elected
officials. Town Attorney Gougelman stated that when a trial is completed and the court makes a determination on the
complaint whether or not the wrongful actions were malicious and a person is personally liable or the actions were wrongful
but were not malicious or wanton and the Town is liable. Town Attorney Gougelman pointed out the provision in the ordinance
on pages 4 and 5, subsection c that protects the Town/residents against paying attorney fees and damages if a person was
judged personally liable. Commission Walters felt that the Commissioners and Board members should be protected for
lawful actions but not an opened structure like the ordinance was.
Commissioner Guglietta felt that this was a catch 22 situation and that people who are commissioners, Town employees
and others commissioned by the Town should be honorable citizens but there are people who could sue for whatever.
Commissioner Guglietta did not want to be without coverage but wondered if the gapes in the ordinance could be closed.
COMMISSIONER WALTERS MOTIONED TO TABLE. THERE WAS NO SECOND TO THE MOTION.
Commissioner Smith expressed some confusion on the issue and explained that the League of Cities has provided in
past suits. Commissioner Smith wasn’t sure what the ordinance would do for the Town and pointed out that it could
only go as far as the State law allowed. Mayor Wille explained that the ordinance would make the statement of intent
of the Town to apply the availabilities under State law for the agents of the Town. Town Attorney Gougelman stated that
through the ordinance the Town is stating what its policy is and may have to pay some significant bills. Commissioner
Crispen explained that he sits on a board of directors of a manufacturing company and if they did not have directors’
liability insurance and indemnification policies, he would not sit on that Board. Commissioner Crispen stated that he
was for the ordinance, wanted the protection and felt that it was a good thing for not only for the Commission but for
anyone who volunteers their time for this community. Commissioner Crispen stated that favoring this ordinance shows
support for the people who are volunteering their time and efforts making this Town better. Commissioner Crispen said
that he goes by the 98/2% rule that he likes to apply and he doesn’t believe that you govern or make policies for a 2%
chance of something happening.
COMMISSIONER SMITH MOVED, SECOND COMMISSIONER WALTERS TO NOT ADOPT ORDINANCE 2001-02 AN
ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO THE DEFENSE
OF CIVIL ACTIONS AGAINST OFFICERS, EMPLOYEES AND AGENTS OF THE TOWN; MAKING FINDINGS; CREATING
SECTION 10-2, TOWN CODE; PROVIDING FOR THE PAYMENT OF THE DEFENSE OF CIVIL ACTIONS AND JUDGMENTS;
PROVIDING A SEVERABILITY/INTERPRETATION CLAUSE; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT
ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
VOTE: AYES (SMITH & WALTERS); NAYS (WILLE, CRISPEN & GUGLIETTA). MOTION FAILED.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER CRISPEN TO ADOPT ORDINANCE 2001-02 AN
ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO THE DEFENSE
OF CIVIL ACTIONS AGAINST OFFICERS, EMPLOYEES AND AGENTS OF THE TOWN; MAKING FINDINGS; CREATING
SECTION 10-2, TOWN CODE; PROVIDING FOR THE PAYMENT OF THE DEFENSE OF CIVIL ACTIONS AND JUDGMENTS;
PROVIDING A SEVERABILITY/INTERPRETATION CLAUSE; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT
ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
VOTE: AYES (WILLE, CRISPEN & GUGLIETTA). NAYS: (SMITH & WALTERS). MOTION CARRIED.
V. OLD BUSINESS
A. APPROVAL OF ROCHELLE LAWANDALES, LAWANDALES PLANNING AFFILIATES TO ADMINISTER
THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT FOR RYCKMAN PARK
PHASE II (TABLED OCTOBER 17, 2001)
Interim Town Clerk Masny explained that Ms. Lawandales had not provided further information that had been requested by
the Commission in October but would be able to submit information for the December meeting.
COMMISSIONER SMITH MOVED, SECOND COMMISSIONER WALTERS TO REMOVE THIS AGENDA ITEM FROM
THE TABLE.
VOTE: ALL AYES. MOTION CARRIED.
COMMISSIONER SMITH MOVED, SECOND COMMISSIONER GUGLIETTA TO TABLE THIS AGENDA ITEM TO THE
DECEMBER REGULAR COMMISSION MEETING.
VOTE: ALL AYES. MOTION CARRIED.
B. PIER GRANT ADMINISTRATOR AMY ADAMS – UPDATE OF STATUS OF PIER GRANTS
Interim Town Manager Masny provided an update in the packet as well as a letter from Amy Adams (who was in Tallahassee
on business and unable to attend tonight’s meeting) that was distributed to the Commissioners before the meeting. The
letter listed money the Town had for the Town Pier reconstruction from FEMA - $73, 063; FIND - $136,500; and NSBP –
submitted request for $145,346 that probably would be awarded in January 2002. It was recommended by Ms. Adams
that Outlaw, Rice and Jones could begin with Task I and Task II and it would not jeopardize the NSBP grant as it would
involve the Town’s matching funds and not the grant money itself. Mr. Jones is ready to move forward if the Commission
so agrees.
COMMISSIONER SMITH MOVED, SECOND COMMISSIONER GUGLIETTA TO DIRECT THE INTERIM TOWN MANAGER
TO INSTRUCT THE TOWN ENGINEER, OUTLAW, RICE AND JONES TO MOVE FORWARD WITH TASK I AND TASK II
AT A COST OF $2000.
VOTE: ALL AYES. MOTION CARRIED.
Mayor Wille updated the Commission of their request that the issue of using TREX material be readdressed with the state’s
Historical Resources Division and legislative delegation by submitting a letter to them. The Historical Resources Division
indicated that they do not want anything used but pressure treated wood on the pier for historical purposes. Therefore,
the Town cannot use the most effective maintenance reducing material because of this reason. Ms. Adams previously
expressed her concern that it would not be in the best interest of the Town to insist on using material the Historical
Resources Division did not want used as it might have a negative consequences in the future. Mayor Wille reported
that the letter was not sent because of the stated concerns. Mayor Wille asked the Commission if they needed to
direct the Interim Town Manager to continue to pursue that course or to choose to go as directed by the state. Interim
Town Manager Masny explained that the Town had sent a letter to the National Scenic Byways Grant Program agreeing
to their letter that said the Town could not have railings or benches on the pier and we would try to salvage some of the
present wood from the pier.
Commissioner Walters felt that since the Town had agreed in the grant to use pressure treated wood that the Commission
goes ahead and uses that money. He did express how great TREX was and how much it looked like real wood.
Commissioner Guglietta suggested that perhaps at a later date money could be budgeted for using TREX and that
he agreed with Commissioner Walters to use the grant money should the grant be awarded.
COMMISSIONER SMITH MOVED, SECOND COMMISSIONER WALTERS TO RESCIND THE DIRECTION OF THE
COMMISSION OF SENDING THE LETTER.
VOTE: ALL AYES. MOTION CARRIED.
C. REVIEW OF PROPOSED POLICIES AND PROCEDURES FOR TOWN COMMISSION MEETINGS
Interim Town Manager Masny reviewed the fact that the draft written by Town Attorney Gougelman had been hand delivered
to the Commissioners the night before. Commissioner Smith said that she could perhaps combine her ideas (that are in
resolution form) with the Town Attorney’s draft. Commissioner Walters did ask for clarification as to how the Town Attorney
became involved in the project as he thought that Commissioner Smith had been assigned to handle the task. Town
Attorney Gougelman explained that the drafting process had taken some time, Commissioners had been contacting the
Interim Town Manager who in turn spoke with Commissioner Smith and ultimately he put together a draft for the
Commission’s review. Commissioner Walters felt that it should have come back to the Commission before the Town
Attorney was asked to work on this and charge the Town for his work. Commissioner Smith suggested that she continue
work on a draft for the Commission’s review at a future date.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER GUGLIETTA TO TABLE THE AGENDA ITEM TO THE
NEXT REGULAR MEETING IN DECEMBER.
VOTE: ALL AYES. MOTION CARRIED
VI. NEW BUSINESS
A. SELECTION OF A VICE MAYOR TO SERVE UNTIL NOVEMBER 2002 (DISCUSSION AND POSSIBLE
ACTION ELECTING THE SENIOR TOWN COMMISSIONER CONNIE SMITH AS VICE MAYOR – COMMISSIONER
WALTERS)
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER CRISPEN TO ELECT COMMISSIONER CONNIE
SMITH AS VICE MAYOR THROUGH NOVEMBER 2002.
VOTE: ALL AYES. MOTION CARRIED.
B. PRESENTATION OF DESIGN AND BUDGET FOR THE COMMUNITY CENTER RENOVATIONS AND
REQUEST TO BID THE PROJECT – JACK ROOD, ARCHITECTS IN ASSOCIATION ROOD AND ZWICK
Jack Rood distributed a sheet of the preliminary cost estimate for the Community Center Renovations. Mr. Rood explained
that his objective tonight was for the Commission to review and approve, if possible, and to move ahead to prepare the bid
documents and issue it out for bid and bring the results of the bid for recommendation to award to the January meeting.
He explained that the plans would then go to the Building Official for permitting and to commence with construction with
hopes of having it completed by May/June time period.
Mr. Rood proceeded to point out the base cost would be $86,000 and alternate #1 $9,000 for a new ramp structure in the
front and alternate #2 replace deteriorated electric panel for $2,400. Mr. Rood explained specifics for the need to bring the
electrical up to code and safety.
Mayor Wille opened the meeting to the public.
Marty Remark, 707 Atlantic Street asked if two handicapped entrances were needed by law into the Community Center.
Ms. Remark had spoken with Ms. Lawandales who said that only one was needed. Ms. Remark thought that the ramp
that was designed to go across the front of the Community Center took away from the character of the building. She felt
that the entrance on the parking lot side was easier to maneuver and it would meet the need of the handicapped entrance.
Ms. Remark commented on the design of blocking off one of the doorways from the main room by the handicapped rest room.
Jean Marshall, 410 Sixth Avenue asked what the outside material would be and if it would be maintenance free. She
commented upon the lack of maintenance over the years and felt that was why the building was in the shape it was
currently. Mayor Wille explained that some continuing maintenance was not done because the Town had hoped for
grants to cover the costs of reconstruction. He pointed out that it had been a very long process to acquire the present grant.
There was no further public comment so the meeting was brought back to the Commission.
Jack Rood addressed the issue of the ramp being at the main entrance and he had not checked the ADA requirements.
He pointed out that it was presented as an alternate and if it is not required for ADA and he would let the Commission know.
Mr. Rood explained the design of the rest room was to minimize work in the back of the building and disturbance to the
cabinets that he was told were used by various Town groups. He pointed out that it cost less also. Mr. Rood then
addressed the material for the outside of the building. He explained that because the Town had received a historical
grant, he had been very cautious about what was done. He did not propose to take off the siding but to scrape it clean,
replace shakes as needed and repaint. Mr. Rood also brought up that if the design was approved, he would then send a
set of the design plans to the State for their required review.
Commissioner Crispen asked to be able to review the plans for the Community Center Improvements and for Mr. Rood to
explain what was being done. This was done in detail.
Mr. Rood had been asked if the new State Codes would effect the reconstruction. Mr. Rood explained that because less
than 50% of the building was being redone, the codes would have little effect. Mayor Wille asked about the maintenance
of the building. Mr. Rood pointed out that cedar was being used and it is a natural weather resisting wood, fasteners would
be non-ferrous, and they were seeking to make the outside of the building weather tight and maintainable.
COMMISSIONER CRISPEN MOVED, SECOND COMMISSIONER GUGLIETTA TO DIRECT JACK ROOD, ARCHITECTS
IN ASSOCIATION ROOD AND ZWICK TO PROCEED WITH THE DESIGN INCLUDING BOTH ALTERNATES 1 AND 2
AND KEEPING BOTH RAMPS IN THE DESIGN WHETHER OR NOT ADA REQUIRED.
VOTE: AYES (CRISPEN AND GUGLIETTA) NAYS (SMITH, WALTERS AND WILLE). MOTION FAILED.
COMMISSIONER WALTERS MOVED, SECOND VICE MAYOR SMITH TO DIRECT JACK ROOD, ARCHITECTS IN
ASSOCIATION ROOD AND ZWICK TO PROCEED WITH THE DESIGN INCLUDING ALTERNATE 1 WITH MR. ROOD
CHECKING ON ADA CODE FOR RAMPS IN THE FRONT OF THE BUILDING (AWARE THAT THE COMMISSION
PREFERS ONE RAMP AS IT NOW EXISTS) AND ALTERNATE 2.
VOTE: ALL AYES. MOTION CARRIED.
Mr. Rood proceeded to present information the Commission had previously requested concerning relocating the existing
overhead electrical facilities to underground electric at the west end and central area of Ryckman Park. The FPL quote
was presented. Mr. Rood explained that approval for the electrical work would keep it within the current timetable.
Mayor Wille opened the meeting for public comment about the power lines being kept overhead versus putting them
underground in the park as part of the Ryckman Park improvements.
Betsy Baird, 1111 River Road expressed that the Parks Board wholly supports putting the utilities underground.
Robert Gauthier, 400 Sunset Boulevard said that he approved putting the utilities underground especially with the potential
of storm activity and the chance of fallen and broken lines being a hazard.
Xochitl Ross, 1106 Atlantic Street felt that since the Town was doing the beautification and new structures that now is the
time to do it.
There were no more comments so the discussion was brought back to the Commission.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER GUGLIETTA TO INSTRUCT JACK ROOD,
ARCHITECTS IN ASSOCIATION ROOD AND ZWICK TO PROCEED WITH FPL AND PUT THE UTILITIES
UNDERGROUND IN CENTRAL AND WEST END OF RYCKMAN PARK.
VOTE: ALL AYES. MOTION CARRIED.
C. DISCUSSION OF OPTIONS TO PROCEED WITH THE MUNICIPAL COMPLEX
Interim Town Manager Masny pointed out the information from the Blue Ribbon Review and Advisory Committee that was
in the packet and the fact that the referendum passed giving the approval to use proceeds from $1.85 million bond obtained
and Town reserve funds not exceeding $600,000 for construction.
Mayor Wille asked for public comment.
Mike King, 1402 Oak Street asked for clarification that the Town authorized 2.4 million and asked if the entire project
would take the entire amount. Mayor Wille commented that it depended upon several things beginning with what the
Commission decides, it could be more or less, and what plan the Commission directs Jack Rood to proceed to put to bid.
The Mayor pointed out until the bids are awarded. Mr. King also asked about a contingency fund and he wanted a definite
amount of what the project would cost.
Alice Graham, 305 Fifth Avenue wanted to know if the building could be scaled down and suggested that maybe those for
or against the complex could compromise.
Barbara Cornett, 503 Fourth Avenue asked about a single building and understood the Blue Ribbon Committee’s
recommendation but she wanted to know if that was the only way to go as she didn’t like the way the building looked.
Mayor Wille explained that it was up to the Commission as to what type of building it would be. The Blue Ribbon
Committee made a recommendation for the single building but didn’t say that was the only way to meet the goals.
Commissioner Crispen, the Chairman of the Blue Ribbon Committee, explained how and why the Committee came
to the recommendation of the single building after six months of discussion and study. Commissioner Walters pointed
out that he felt the people voted on that design because the Town and the Blue Ribbon Committee presented that as the
design and as far as he was concerned he would vote on no other design because the people voted for it. Mayor Wille
pointed out that for four years this issue has been before the public and every rendition the complex had been through
someone objected to it. Mayor Wille stressed that a decision to move forward needed to take place and it was the
responsibility of the current Commission to make the best decision that they could.
Susan Stark, 307 Fifth Avenue stated that the referendum question dealt with three of the main concerns of the Blue
Ribbon Committee which were the retention, moving the buildings out of the park and access to Ocean Avenue as well
as the authority to move ahead to utilize the funds. Ms. Stark pointed out that the recommendation letter from the Blue
Ribbon Committee in that the design that was being presented would be utilized as a basis for deliberations for the Town
Commission. Ms. Stark mentioned that this design should be used as a basis of deliberations for the departments to
look at but not to be locked into it as the design was done by Jack Rood to show the objectives met by the Blue Ribbon
Committee. Ms. Stark also pointed out that the majority of the members of the Blue Ribbon Committee felt that residents
in the community or people who do not utilize the space should not be the people dictating how the space is used.
Commissioner Crispen explained that the Committee asked the staff to review again their space needs and they could
not make further reductions from the reductions they had made earlier.
Seth Stark, 410 Fifth Avenue noted that approximately 60% of the voters didn’t vote either way and the general trend is that
if a voter is against something, they will get out and vote against it.
Deputy Fire Chief Bill Roffey explained that Chief Micka was out-of-town and the Chief asked that his opinion be presented
to the Commission so that it was on record. Chief Micka felt that the design would fairly met their Fire Department’s needs
but they had difficulty with the layout, the building’s security, the new generator not being able to handle a building of that
size, and if the ambulance was stationed back in town, there was no room for it. Commissioner Guglietta asked Deputy
Fire Chief Roffey about the security issue. That issue per Chief Roffey was that there would be many people having
business with the Town Hall and the Police Department and the Fire Department was concerned about freedom of
movement within the entire building. Mayor Wille pointed out that these issues would be something Jack Rood would
address with the interior design. Mayor Wille asked Chief Roffey if he felt that the Fire Department could live with the
single building concept and Chief Roffey felt that it was not inconceivable that it could work.
Mayor Wille then closed the public portion as there were no further public comments and invited Jack Rood to come forward.
Jack Rood suggested that in the interest of time and the fact that there were more agenda items to cover, he proceeded to
hand out a site plan showing the new park plan as sit would fit in with the proposed design of the municipal complex.
Mayor Wille wanted everyone to understand what the direction of the Commission was and explained that in the beginning
the Commission went out for a bond for 1.85 million that was secured to do the project. He continued that it was also
anticipated that they would use some of the reserves in addition to the bond to do the project. Mayor Wille pointed out
that the 1.85 million has been earning interest so the original amount is somewhere over 2 million dollars. He explained
that all of the specifics could not be placed in a referendum but he wanted the residents to understand where the Town
was at this point. The Commission increased the reserve amount to $600,000 thereby creating a clear number of 2.45
million as a cap on the project.
Commissioner Walters commented that a payment had already been paid out of the reserves and pointed out that the
people said up to $600,000 and he hoped some money could be saved back. Commissioner Guglietta also stated his
desire to stay with the $600,000 if not less.
Mr. Rood explained what the 2.4 million would be spent on…construction costs, fees, furniture, fixtures, & equipment,
telephone & computer systems and these are real costs. Mr. Rood plans to work with Interim Town Manager Masny
to set up a budget for the 2.4 million including a contingency and they would come back with a revised proposal so that
they would have further information to proceed. Commissioner Crispen asked if they needed to spend the bond money
within a certain time frame. Interim Town Manager Masny said it wasn’t an issue but that next November the Town would
need to look into an extension. Town Attorney Gougelman explained that he had contacted bond counsel on the issue
and they advised that there wouldn’t be any problem to extend the drop-dead date. He said that there was a process
for the extension and they would help us with it.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER CRISPEN TO ACCEPT JACK ROOD’S,
ARCHITECTS IN ASSOCIATION ROOD AND ZWICK, RECOMMENDATION TO REVIEW A REVISED PROPOSAL
WITH A BUDGET AT THE NEXT REGULAR MEETING OF THE TOWN COMMISSION.
VOTE: ALL AYES. MOTION CARRIED.
Jack Rood presented a project schedule and felt they could move on in a timely fashion.
D. APPROVAL OF LEASE AGREEMENT BETWEEN BREVARD COUNTY AND THE TOWN OF MELBOURNE
BEACH FOR THE WILLIAMS BUILDING
Sheryl Alberga and Ann Downing came forward to represent the Williams Building Committee and to address the lease
agreement. Ms. Alberga referred to item 6 on page 2 requested a change to annual report instead of quarterly reports to
the county. Mayor Wille explained that changes can be made and sent back to Commissioner Higgs. Ms. Alberga then
referred to item 7, page 2 and said that the Committee would like the permitting done in the Town of Melbourne Beach.
Mayor Wille suggested chances were that the County would keep the permitting process and to realize the length of time
for all approvals by the Town and/or the County. Town Attorney Gougelman said that most likely everything would need to
go before the Brevard County Commission for approval and as far as the permitting, because the property is in the
unincorporated area, will go through the County. Town Attorney Gougelman did say that through an Interlocal agreement
with the County, it was possible to get the permitting approved for the Town to do if the County so agreed. Ms. Alberga
then referred to item 16, page 4 concerning Audit of Books and felt that the Committee could do that. Mayor Wille pointed
out that there would need to be an account number in the Town’s budget and the Town would have final review and any
monies would have to go through the Town’s books.
Commissioner Walters pointed out that the Town was leasing the property but did not see who was the primary law
enforcement agency. He said he would prefer that the Town of Melbourne Beach be the primary law enforcement
agency to patrol that facility. The Town Attorney suggested that the answer to that issue would be for the Town to
negotiate annexation of that park. He then said that if the Town did that, any construction permitting would be under
the Town and the Town’s police would have jurisdiction. Ms. Alberga said that they had discussed this with
Commissioner Higgs but the Commissioner was not sure it could be annexed because it was not contiguous to the
Town limits. Marty Remark explained further about what Commissioner Higgs had told her and other subjects the
Williams Building had hoped for.
There was discussion as to how the Gemini School area was annexed previously and it was determined the annexing
laws have changed. Mayor Wille observed that if the annexing was pursued it could slow down the project. Ms. Alberga
explained that they were ready to obtain the permits for the construction. Town Attorney Gougelman explained that the
process of annexation would take at least two to three months and the Inter local agreement to seek permitting authority
by the Town will also take some time.
Commissioner Crispen asked the Town Attorney why he thought the Town should annex the property. Town Attorney
Gougelman observed that annexing the undeveloped land (the point between Oak and A1A) and even Flutie Field would
be a normal as it would be a logical extension of the Town. Town Attorney Gougelman also pointed out that many of the
Town residents use Flutie Field and probably many people think it is part of the Town. He also mentioned that the Town
has the Williams Building that will be a long time venture. He has observed that the philosophy of many people in city
government is that it is better to have property under the control of a municipality than under the control of the county.
Commissioner Crispen asked why the County might object to the annexing and Town Attorney Gougelman said that the
issue would be control. Town Attorney Gougelman pointed out the statement of Commissioner Walters that he would
prefer seeing the Town’s police respond and that is an issue of control. Town Attorney Gougelman asked if the Town
would rather have control or let a police force out of Titusville have control. Commission Crispen pointed out that the
Williams Building was related in a small way but that annexing was a separate issue and wondered if the Town would
then look at other housing areas in the vicinity.
Mayor Wille said that Chuck Nelson, Brevard County Director of Parks, approached him and said that there had been
discussion about the Town taking over responsibility for Flutie Park although the Mayor sensed that the scrub jay area
might be a sensitive area for some to release control of to a municipality. Marty Remark explained about the scrub jay area.
Other discussion followed about the annex issues. At the request of Commissioner Crispen, Town Attorney Gougelman
defined annexation as the act by which a municipality expands its municipal corporate limits and brings an area into its
jurisdiction.
Commissioner Guglietta asked Ms. Alberga what the committee’s time was and she responded that they do have
contractors and materials ready to start. Ann Downing asked if perhaps Commissioner Higgs might not have some
way to help with the County’s permitting process and to go to her. Ms. Downing pointed out that it was permitting
that the Committee was concerned about and perhaps the Commission could take up the subject of annexation at
another time. Commissioner Crispen asked if the Commission could just make the few changes in the lease that
were suggested, sent it back to the County and sign the amended lease. He then said that the Commission could
then deal with the annexation subject in a more thorough way without holding the Williams Building project back.
Town Attorney Gougelman observed that the changes were pretty minor and he suggested that the Commission
go ahead and approve the lease, sign it and send it to the County with a request for amendment to the lease. He
explained that the Town then would have a signed lease to operate under and then it would be up to the County to
accept or reject the amendment. Town Attorney Gougelman thought that if the Commission was interested in
annexation that they should go ahead with it.
Mayor Wille referred to page 1, last paragraph of the lease concerning what was meant by “the adjourning parklands”.
Town Attorney Gougelman said that he read it as the site where the Williams Building stood. Therefore, it would only
be an issue depending upon how it was read. Mayor Wille then went to page 3, item 12 concerning Indemnification
and Insurance and referred to a note dated November 16, 2001 from Town Attorney Gougelman about this subject.
Mayor Wille asked Town Attorney Gougelman if the County was responsible for the insurance coverage for the building
and the land. Town Attorney Gougelman said the County was responsible but the language of the lease agreement was
not well drafted. Town Attorney Gougelman thought that the Town would still want their own coverage which the Interim
Town Manager Masny had reviewed and explained that it would cost the Town $488 a year for property damage with a
deductible of $10,000.
COMMISSIONER WALTERS MOVED, SECOND VICE MAYOR SMITH TO ADOPT THE LEASE AGREEMENT
BETWEEN BREVARD COUNTY AND THE TOWN OF MELBOURNE BEACH FOR THE HISTORICAL WILLIAMS
BUILDING AND TO REQUEST THE TOWN ATTORNEY TO SUBMIT AN AMENDMENT, AS DISCUSSED BY THE
TOWN COMMISSION, WITH THE LEASE DOCUMENT TO THE COUNTY FOR APPROVAL AND TO REQUEST
THE INTERIM TOWN MANAGER AND THE TOWN ATTORNEY TO PROCEED WITH RESEARCH ON THE
POSSIBILITY OF ANNEXATION OF PROPERTY DISCUSSED AND THE PROCEDURE TO FOLLOW.
VOTE: ALL AYES. MOTION CARRIED.
Mayor Wille requested a recess from 10:50 p.m. until 11:08 p.m
E. DISCUSSION OF PROCESS TO SELECT A TOWN MANAGER
Interim Town Manager Masny suggested that the Commissioners review the Town Manager advertisement along with the
applications that they received up to this point and come up with a list of whom each of them feels qualified for the position.
She also suggested that they could call the applicants and then make a short list for interviewing. Vice Mayor Smith asked
for a list of all the applicants so that the Commissioners could check and see if they had every resume received. Vice
Mayor Smith also suggested a workshop so the Commission could determine on whom to interview. Commissioner
Walters also suggested that they determine how much they would pay and that might narrow the list down even more.
Commission Guglietta presented his ideas of how to do the selection process and commented that filling the Town
Manager position was of the utmost importance. Commissioner Crispen suggested that all of the applicants be called
to confirm their interest and confirmed that each Commissioner could call anyone on the list. Mayor Wille reiterated
what the Commission’s aim would be at the workshop that was scheduled for December 10, 2001 at 7:00 PM in the
Commission Room to discuss applications for Town Manager.
F. APPOINTMENT OF A VOTING DELEGATE AND ALTERNATE VOTING DELEGATE TO THE SPACE
COAST LEAGUE OF CITIES TO SERVE THROUGH DECEMBER 2002
COMMISSIONER WALTERS MOVED, SECOND VICE MAYOR SMITH TO APPOINT COMMISSIONER GUGLIETTA AS
THE VOTING DELEGATE FOR THE TOWN OF MELBOURNE BEACH TO THE SPACE COAST LEAGUE OF CITIES
TO SERVE THROUGH DECEMBER 2002.
VOTE: ALL AYES. MOTION CARRIED.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER GUGLIETTA TO APPOINT COMMISSIONER
CRISPEN AS THE ALTERNATING VOTING DELEGATE FOR THE TOWN OF MELBOURNE BEACH TO THE
SPACE COAST LEAGUE OF CITIES TO SERVE THROUGH DECEMBER 2002.
VOTE: ALL AYES. MOTION CARRIED.
G. CONSIDERATION OF SPACE COAST LEAGUE OF CITIES’ REQUEST FOR CONTRIBUTION TO
PURCHASE A NEW COMPUTER FOR THE LEAGUE’S USE
COMMISSIONER CRISPEN MOVED, SECOND COMMISSIONER GUGLIETTA TO APPROVE THE REQUEST FROM
THE SPACE COAST LEAGUE OF CITIES’ FOR A $75 CONTRIBUTION TO PURCHASE A NEW COMPUTER FOR
THE LEAGUE’S USE.
VOTE: ALL AYES. MOTION CARRIED.
H. APPOINTMENT OF A REPRESENTATIVE TO SERVE ON THE SOUTH BEACHES COALITION
THROUGH DECEMBER 2002
COMMISSIONER WALTERS MOVED, SECOND VICE MAYOR SMITH TO APPOINT COMMISSIONER CRISPEN TO
SERVE AS THE REPRESENTATIVE FOR THE TOWN OF MELBOURNE BEACH ON THE SOUTH BEACHES
COALITION THROUGH DECEMBER 2002.
VOTE: ALL AYES. MOTION CARRIED.
I. DISCUSSION AND POSSIBLE ACTION RELATING TO PERSONNEL ISSUES AND POLICIES
(COMMISSIONER WALTERS)
Due to the fact that the Town does not really have a Town Manager to sit down with and make decisions, Commissioner
Walters felt the Commission needed to discuss this and the following items. Mayor Wille asked if the Commission
wanted to pursue the agenda items without background material. Commissioner Crispen suggested that they listen
to Commission Walters and decide if they need background material before making any decision. Commissioner
Walters referred to Chapter 3 of the Policies and Administrative Procedures Manual and read it. There was
discussion concerning that there was no background presented, the procedure for putting items on the agenda,
why the item was presented, bring this back to the next Commission meeting, formalize and clarify meeting
procedures, and circumvention of Commissioner Walters’ right to represent the residents.
J. DISCUSSION AND POSSIBLE ACTION REGARDING THE CURRENT BUDGET FORMAT
(COMMISSIONER WALTERS)
Commission Walters explained that formerly the budget had been easy to understand but now it was very convoluted.
Commissioners Guglietta and Crispen agreed to review the old budget if they were given copies of it. Commission
Walters also explained that due to the Sunshine Law this was the only means he had of talking with other Commissioners
on subjects they may or may not want to make a decision upon.
K. DISCUSSION AND POSSIBLE ACTION RELATED TO CONDUCTING TOWN COMMISSION
MEETINGS UTILIZING “ROBERT RULES OF ORDER” AS REQUIRED BY TOWN CODE
(COMMISSIONER WALTERS)
Commissioner Walters said that he put this on the agenda simply to let them know that every time we violate those
rules, we violate the charter
L. DISCUSSION AND POSSIBLE ACTION RELATED TO THE TOWN COMMISSION’S AGENDA PROCEDURES
(HOW AGENDA IS SET AND WHO DETERMINES AGENDA ITEMS AND ORDER OF PLACEMENT)
(COMMISSIONER WALTERS)
At Commissioner Walters request the Interim Town Manager Masny explained that the Town Manager has always set and
determined the agenda order. Commissioner Walters asked what was the basis for setting the order. Interim Town
Manager Masny explained that usually the public hearings were placed first, any new business and if there was a
consultant who is generally being paid that item was next, public comments and Board reports came early in the meeting
so the members did not have to remain to the end, and the rest were placed at the discretion of the Manager. Vice Mayor
Smith said that in the procedures that she was drafting, that there would be a set adjournment time for the meetings.
Commissioner Guglietta had been reviewing the Robert Rules of Order and mentioned the fact that the Commission at
the beginning of a meeting could change the order of the agenda.
VII. REPORTS:
A. The Town Attorney had no report
B. The Interim Town Manager Masny reported on the Brevard Stormwater Utility Project on Oak Street that
was scheduled to begin during the first week of March. She stated that Engineer Gordon England said that permits for
the Anchor and Pelican Keys stormwater project would be obtained in February and construction of the baffle boxes
would be in May. Interim Town Manager Masny also reported on the forced main project with the deadline supposedly
being April 2002.
VIII. TOWN COMMISSION ANNOUNCEMENTS, COMMENTS & REPORTS
Commissioner Crispen asked if it was standard practice to receive information right up to the meeting and it would be good
if the material could be given to them several days before. Commissioner Walters wanted to thank the Melbourne Beach
Police Department for the fine job they were doing and asked Interim Police Chief Bailey to express to the officers his
satisfaction of service received. Commissioner Guglietta asked for an announcement to be put in the newsletter about
a citizens get together with him on the Tuesday before a Commission meeting. Vice Mayor Smith had no comments.
Mayor Wille mentioned that there would be a double round about at Viera.
VIII. ADJOURNMENT
COMMISSIONER WALTERS MOVED, SECOND VICE MAYOR SMITH TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED
The regular meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 12:03 a.m.
____________________________________
ROBERT D. WILLE, MAYOR
____________________________________
JANE WILEY
INTERIM 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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