TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - Regular Meeting
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WEDNESDAY
December 15, 2004
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 Stacey at 7:00 p.m. on Wednesday, December 15, 2004 in the Community Center. Mayor
Stacey also led the Pledge of Allegiance
Present:
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Mayor Stacey
Vice Mayor Wilson
Commissioner Guglietta
Commissioner Price
Commissioner Walters
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Others Present:
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Town Manager Higginbotham
Town Attorney Gougelman
Police Chief Syrkus
18 members of the public
Town Clerk Masny
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I. CHANGES TO THE AGENDA.
There were no changes to the agenda
II. NON-SCHEDULED CITIZEN COMMENTS (3-MINUTE LIMIT PLEASE)
Frank Thomas, 606 Atlantic Street commented that there is a problem with the history information in the last
newsletter being accurate and asked who Joe History is and advised that this article and the history article
on the website does not reflect well onto the Town. Mr. Thomas was requested to make corrections to the
articles and forward these to the Town Manager.
Sara Renner, 411 Oak Street commented that regarding the special meeting tonight, it is very important that
the Town does not make a mistake and take away from the Board of Adjustment an opportunity to discuss
and make a decision regarding the Hamilton lawsuit and that Commissioner Price is not given a vote in the
issue because he has lost his opportunity to be objective as he accepted money from the Hamiltons.
Frank Cariou, 215 Dogwood Avenue commented that Mrs. Renner is not the only one who feels this way
and that Commissioner Price put himself in a compromising position by accepting $1,200 in campaign
funds from Mr. Hamilton and should excuse himself from discussing any matters in the special meeting.
Karen Robins, 208 First Avenue commented that those who signed the height petition still have strong
feelings and that the Board of Adjustment should be able to hear the Hamilton case and those who
accepted any campaign funds from the Hamiltons or anyone else should excuse themselves from
the vote. Mayor Stacey asked that the Town Attorney explain what will happen in the special meeting.
Town Attorney Gougelman reported that there are four (4) lawsuits, one (1) is against West and Abraham,
who have filed a petition with the Board of Adjustment; there are two (2) lawsuit against Commissioner
Wilson; and, one (1) against the Town that is seeking that the Town be prohibited from holding the Board
of Adjustment meeting. He reported that a settlement proposal was received and asked that the meeting
be convened of the Town Commission to discuss the settlement offer, which leads to litigation strategies
and you do not want others privy to these strategies. Town Attorney Gougelman advised that this executive
session meeting is permitted by Florida Statutes and is one (1) of the few instances where a Town
Commission can hold a closed-door meeting.
Mayor Stacey commented that he received many telephone calls today regarding this special meeting
and advised that the residents will be well represented.
Tom Shaw, 406 Riverside Drive commented that either the website is off or the closed meeting was earlier,
than what was originally published. Mr. Shaw thanked for the display of history at the pier as it is a wonderful
piece of work; however, a portion of the display has come loose and needs to be repaired because it is warping
and the display will be destroyed. Mr. Shaw commented that the Town should consider a fine against Djon as
he has 2, 55 gallon drums of cooking oil waste that have been on the back of the property for a year. Mr. Shaw
commented that he understands the need for a closed session meeting and asked that when the transcript
needs to become public, he would like the Town Commission make it public when that time comes.
Commissioner Guglietta commented that Djon’s has a code violation and the Town should take this to the
Code Enforcement Board. He should be given a certain amount of time to dispose of the oil first. Commissioner
Guglietta commented that if this oil leaks, it could contaminate the ground, it is a health hazard and could cause
a good sized fire.
Seth Stark, 410 Fifth Avenue commented that he is in the restaurant industry and every restaurant has cooking
oil and the Town should check all restaurants in Town so that is does not appear that the Town is looking at just
this one (1) restaurant.
Gretchen Sauerman, 406 Atlantic Street commented that the closed door meeting is appropriate, but asked
that the Town Commission consider the following: any decision that affects the civil rights of the citizens of
the Town; consider any decision that removes or undermines the authority of the appointed Town board members;
be very wary when someone wants a quick settlement to get the deal done today as the WRIT will be heard at
the beginning of January, wait and see how this comes out; and, the Town Commission needs a closed
session regarding strategy, but Commissioner Price should not be in this meeting because he has a fiduciary
connection to the Hamiltons. Ms. Sauerman stated that some Commissioners are concerned about the money
being spent in Town and this settlement offer sends a clear message that the Town can be bullied. Ms. Sauerman
urged the Town Commission not to make a hasty settlement.
Commissioner Price stated to Ms. Sauerman that she is making an assumption about him and she does not
know him and the $1,200 he received was a legal contribution to a campaign.
Mark Abraham, property owner near Mr. Hamilton commented that he is one of those being sued by Mr. Hamilton
and pointed out that no one has sued the Hamiltons. Mr. Abraham pointed out that the WRIT is in process and
there will be another hearing the first week in January and he sees this current tactic as a preemptive move to
strike a deal and asked that the Town Commission not take away the citizens’ rights to participate in
government and involve themselves in free speech. Mr. Abraham advised that some believe there was a
malicious intention of some sort, which is slowly being discovered through the process that there is no
malicious intent and this is a case of citizens standing up for the rule of law that is already a part of our
governmental system in Melbourne Beach. Mr. Abraham asked that the Town Commission stand up
and defend the rules that all must abide to. Mr. Abraham asked if the Town Attorney received a letter
today from his attorney and also the citing of the case. Town Attorney Gougelman advised that he did
receive the letter and that he will bring this up in the Town Commission’s executive session.
III. APPROVAL OF MINUTES: OCTOBER 20, 2004 REGULAR MEETING
NOVEMBER 9, 2004 SPECIAL MEETING
NOVEMBER 17, 2004 REGULAR MEETING
Vice Mayor Wilson requested that in the minutes of the November 17, 2004 regular meeting, on Page 16,
third paragraph, third line, change “Walters” to “Wilson.”
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER GUGLIETTA TO APPROVE THE MINUTES OF
OCTOBER 20, 2004 REGULAR MEETING, NOVEMBER 9, 2004 SPECIAL MEETING AND NOVEMBER 17, 2004
REGULAR MEETING AS AMENDED.
VOTE: ALL AYES. MOTION CARRIED.
IV. REPORTS BY ANY TOWN BOARD OR COMMITTEE SUBMITTING A REPORT
Ann Downing of the Williams Building Ad Hoc Committee advised that the Park Board approved a fund raiser
for a pet event in Ryckman Park and thought that the Chairman of the Parks Board would be here to discuss
this. Ms. Downing advised that the Committee gave the Parks Board a lot of details and they approved the
event and she thought that the Town Commission is to accept the idea. Mayor Stacey advised that the
Park Board should present this idea and asked that this be brought back at the January meeting. Vice
Mayor Wilson mentioned that the Town has an ordinance prohibiting dogs in the park. Ms. Downing
advised that this will have to be an exception to the rule and Ms. Downing was requested to discuss
the details of the event with the Town Manager.
V. CONSENT AGENDA:
A. APPROVAL OF EXPENDITURE OF $300 FROM THE LEGISLATIVE PROMOTIONAL
ACTIVITIES BUDGET FOR KEEP BREVARD BEAUTIFUL’S 22ND ANNUAL TRASH BASH
SCHEDULED FOR APRIL 16, 2005.
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER PRICE TO APPROVE AN
EXPENDITURE OF $300 FROM THE LEGISLATIVE PROMOTIONAL ACTIVITIES BUDGET FOR
KEEP BREVARD BEAUTIFUL’S 22ND ANNUAL TRASH BASH SCHEDULED FOR APRIL 16, 2005
VOTE: ALL AYES. MOTION CARRIED.
B. APPROVAL OF A MUNICIPAL ACCOUNTANT POSITION.
Town Manager Higginbotham stated that the Town Commission approved a budget for a full-time Finance
Clerk and a part-time Accountant and he is requesting a full time Municipal Accountant and part-time
Finance Clerk and eliminate the full time Finance Clerk position.
Mayor Stacey asked if the Town can do anything for the current Finance Clerk if it eliminates her position?
Town Manager Higginbotham commented that the Town does not have the funding to maintain this position,
but she could fill the part-time position, but this decision will be made by the accountant. Town Manager
Higginbotham stated that he does not believe four (4) hours per day will be necessary for this position.
Mayor Stacey commented that he is concerned that someone needs to be at the front desk from 11:30 a.m.
until 1:30 p.m. for the public. Town Manager Higginbotham stated that the window is presently staffed from
8:00 a.m. until 5:00 p.m., without interruption as a person in the Finance Department sits at the window
when Elena is at lunch.
Commissioner Guglietta commented that this position has been advertised in the Datagram and asked
if the Town has the money budgeted for this position? Town Manager Higginbotham reported that we
have sufficient funds because we budgeted for a full-time clerk and roughly 20 hours per week for an
accountant. Commissioner Guglietta asked if this person can work with the software and communicate
with the Town’s CPA firm.
Mayor Stacey opened the meeting to comments from the public regarding this agenda item.
Frank Cariou, 215 Dogwood Avenue commented that we have excellent employees in the Town and
he hates to see a position eliminated. Mr. Cariou was advised that the number of hours the Finance
Clerk position will be needed will be determined by the accountant.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER GUGLIETTA TO APPROVE THE MUNICIPAL
ACCOUNTANT POSITION AS REQUESTED AND TO CHANGE THE FINANCE CLERK POSITION TO PART
TIME, NOT TO EXCEED CURRENT BUDGETARY CONSTRAINTS.
VOTE: ALL AYES. MOTION CARRIED.
VI. VI. NEW BUSINESS:
A. DISCUSSION AND POSSIBLE ACTION REGARDING CHANGING BANKING SERVICES
FROM SUNTRUST BANK TO BANK OF AMERICA.
Town Manager Higginbotham advised that currently the Town banks with SunTrust Bank and Bank
of America has analyzed these accounts and Bank of America’s services will exceed what we receive
now, and the cost savings to the Town will be small, but the services will be from a Town business.
Mayor Stacey suggested that all of the Town employees get direct deposit.
Frank Thomas, 606 Atlantic Street asked if Branch Banking & Trust Company, which is located in Town
had been looked at for banking services as it is the 18th largest bank in the United States. Mayor Stacey
asked that the Town Manager look into the services of BB&T and if a better deal is offered, he bring it back
to the Town Commission.
COMMISSIONER GUGLIETTA MOVED, SECOND VICE MAYOR WILSON TO ALLOW AUTHORIZE THE
TOWN MANAGER TO CHANGE THE TOWN’S BANKING SERVICES FROM SUNTRUST BANK TO BANK
OF AMERICA.
VOTE: ALL AYES. MOTION CARRIED.
(Above correction to minutes made by Commissioner Price at the January 19, 2005 regular meeting.)
B. DISCUSSION AND POSSIBLE ACTION REGARDING THE TOWN’S CELLULAR SERVICE
PROVIDER.
Town Manager Higginbotham stated that the Town currently has Nextel service that he recommends
that the Town changes it services from Nextel to Sprint. Town Manager Higginbotham stated that he
also met with another competitor this past Monday, but it does not look like their services will be better
than Sprint. The same service the Town receives from Nextel will cost about $4,500 less per year
through Sprint. Town Manager Higginbotham commented that he would like to add “air card service,”
which will cut the savings to about David Farrell, asked why the Town is changing when it has been
announced that Nextel and Sprint are merging? Mr. Farrell was advised that this merger has not been
approved as of yet and the Town Manager will keep up on the different costs.
Commissioner Walters advised that he would like to see the Town save about $10,000 more by eliminating
some of the telephones as there are three (3) employees who have a Nextel phone at the cost of about $200
per month when a $300 walkie-talkie would provide the same service. Commissioner Walters commented
that every police officer has a Nextel telephone, along with their personal cell phone and a department radio.
Commissioner Walters stated that all of these telephones are not necessary and advised that only the Town
Manager and Police Chief should have a cell phone.
Town Manager Higginbotham commented that with the 2-way radio communication system, the
communication is limited if someone goes across the bridge, but the cell phone does work. He
commented that with Sprint, the 2-way radio communication cost is insignificant and the cost of
the cellular services is less than two-thirds (2/3) it was with Nextel. Town Manager Higginbotham
stated that he understands what Commissioner Walters if referring to and that he intends to make
some changes in the services for the different employees. He stated that the Police Officers have
the cell service with the 2-way radio communication service and this serves as a backup radio and
the funding for the cell phones/2-way communication is provided for out of the fines and forfeiture account
of the 800-megahertz fund.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER GUGLIETTA TO APPROVE THE CHANGE OF
THE TOWN’S CELLULAR TELEPHONE PROVIDER FROM NEXTEL TO SPRINT.
VOTE: COMMISSIONER PRICE, AYE. COMMISSIONER GUGLIETTA, AYE. VICE MAYOR WILSON, AYE.
MAYOR STACEY. COMMISSIONER WALTERS, NAY. MOTION CARRIED.
C. DISCUSSION AND POSSIBLE ACTION REGARDING ENTERING INTO AN INTERLOCAL
AGREEMENT WITH BREVARD COUNTY TO PROVIDE CONTRACTOR LICENSING CODE
ENFORCEMENT.
Town Manager Higginbotham reported that Brevard County has proposed to check with unlicensed
contractors doing work in the Town and they will handle the enforcement for the Town. He reported that
this agreement will allow them to enforce the contractor licensing and they will keep the fines collected
and they will be doing this service on a proactive basis.
COMMISSIONER GUGLIETTA MOVED, SECOND VICE MAYOR WILSON THAT THE TOWN ENTER INTO
THE INTERLOCAL AGREEMENT WITH BREVARD COUNTY TO PROVIDE CONTRACTOR LICENSING
CODE ENFORCEMENT.
VOTE: ALL AYES. MOTION CARRIED.
VII. REPORTS:
A. TOWN ATTORNEY
Town Attorney Gougelman advised that he is in need of advice concerning litigation in the cases involving
the Hamiltons and is requesting an executive session immediately following this meeting and asked that
Mayor Stacey to make an announcement to the audience, as printed on a sheet of paper presented by
Attorney Gougelman, before the close of this meeting.
B. TOWN MANAGER
There was no Town Manager report
C. TOWN COMMISSIONERS
Commissioner Wilson reported that he came through the traffic light and saw the green arrow and thanked
Town Manager Higginbotham for his prompt attention in getting this fixed.
Commissioner Guglietta reported that the pedway project is coming along, but there is an area between
Fifth Avenue and Sixth Avenue that needs to be finished up and an area near Micka’s house where a
tree needs to be removed to be finished up and requested that he be updated on this. It was discussed
that the Town was awarded a stormwater grant from the Federal Emergency Management Agency and
Town Manager Higginbotham reported that this has not made public, but the Town should receive $750,000.
Commissioner Guglietta thanked the public works, police and fire departments for their work on the tree
lighting ceremony and children’s Christmas parade.
Commissioner Price wished everyone happy holidays.
Commissioner Walters asked if the Town is keeping track of how many people attend the movies and music
in the park as he has been advised that there is a low turn out and the Town pays about $500-$600 for each
movie. Commissioner Walters stated that he looked at the Fire Department’s quarterly report and the
agreement between the Town and Department and advised that the expenditures need to be listed on
the report. Commissioner Walters thanked the volunteer fire department for the great job they did on
the Children’s Christmas Parade and thanked the Brevard County Fire Department for answering the
Town’s emergency calls for ambulance and paramedics during the time they are staying in our fire
department while recovering from the mold issue at their station south of Town. Commissioner Walters
stated that he is glad everyone is getting along fine in the departments and commented that both are doing
a fine job. Commissioner Walters stated that he knows who Joe History is and he is doing a fine job.
Commissioner Walters wished all happy holidays.
Mayor Stacey thanked all for the work involved in the tree lighting ceremony and parade and wished
all happy holidays.
Mayor Stacey advised that the executive session meeting, which will follow this meeting, is closed
to the public and will be held for one hour and those in attendance will be: Mayor William Stacey,
Vice Mayor Sandy Wilson, Commissioner Paul Guglietta, Commissioner Donnie Price, Commissioner
Steve Walters, Town Attorney Paul Gougelman, Town Manager W.D. Higginbotham and a court reporter
designated by the Town Attorney.
D. GENERAL COMMISSION DISCUSSION (TIME PERMITTING)
There were no general Commission discussion.
VIII. ADJOURNMENT
COMMISSIONER PRICE 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 8:15 p.m.
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WILLIAM G. STACEY MAYOR
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CYNTHIA E. MASNY, CMC
TOWN CLERK
Note: a mechanical recording has been made of the foregoing procedures of which these minutes are a
part and is on file in the office of the Town Clerk.
PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, THE TOWN HEREBY
ADVISES THE PUBLIC THAT: If a person decides to appeal any decision made by the
Town Commission with respect to any matter considered at its meeting, he will need a
record of the proceedings and that for such purpose, affected persons may need to insure
that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based. This notice does not constitute
consent by the Town for the introduction or admission into evidence of otherwise
inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not
otherwise allowed by law.
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