Town Commission
Special
Call Meeting
The Town Commission of the Town of Melbourne Beach, Florida,
met for a Special Call Meeting on
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In attendance were Mayor
Commissioners
Guglietta. Also
present were Town Manager
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Mayor
Stacey called the meeting to order. The
entire assembly recited the Pledge of Allegiance to the Flag.
Introductions
of the Commission were made and representatives, Andrew Smith III and Clifford
Shepard of Langston, Hess,
There was a
discussion regarding their travel time and other expenses such as long distance
calls. They advised that there is a
toll-free telephone number and that they did not bill for calls unless outside
the ordinary course of business.
Mayor
Stacey spoke about the possibility of car trouble while driving to our
Town. They advised that there are two of
them to count on, they didn’t foresee a problem.
Commissioner
Evans asked if they had the opportunity to review our Code, if they recognized
any blatant problems. Mr. Smith advised
that he did look through, that it compared to other cities. She then asked how he would handle a conflict
between a quasi-judicial board and the Town Commission. Mr. Smith stated that
he is a legal advisor; he would try to smooth over, try to get the job done,
but stay out as far as trying to sway either.
There was a
discussion regarding the Town’s history with legal opinions, their litigation
and redevelopment experience.
Commissioner
Wilson spoke about being advised in the past that the Town’s code was clear as
mud. He was advised that a review of the
code would be completed and recommendations would be made to the Commission.
A
discussion ensued regarding their handling of Town citizens.
Mayor
Stacey opened the meeting to the public.
‘
Mr. Smith
stated that he didn’t have any questions since he had a conversation earlier
with Town Manager Bursick.
The
interview concluded and there was a brief intermission.
There was a
brief discussion regarding their responses, qualifications, how well questions
were answered, their billing requirements and the Town’s budgetary constraints.
Commissioner
Evans was concerned about any present litigation and inquired as to the cost
for this firm to represent the Town.
Town
Manager Bursick spoke about their fees and estimated a monthly cost of $5,500.
Commissioner
Wilson stated that the Town did not have an opening for the Town Attorney
position. He then asked Mayor Stacey
what was his reason for changing his mind.
Mayor
Stacey replied that Commissioner Wilson’ s letter is what started this.
Vice Mayor
Price didn’t agree that it was Commissioner Wilson’s letter, it was the way Mr.
Sack handled the situation. He said, it
could have been handled better, communication could have been better. He gave his advice to the Board of Adjustment,
they voted, and he then turned around and reversed their decision based on his
advice to them, putting them into a quandary. He stated that Mr. Sack does not
have that kind of sensitivity to the communication aspect of his job, as we
just heard from this firm, the understanding in how to keep the communication
flow proper so that everybody will be filled in.
Vice Mayor
Price spoke about the shade meeting, where we gave him our impressions and opinions and he went forward and submitted
something and the Town Manager and Commission didn’t see it or know anything
about it. No communication, in his position as our Town Attorney he should be
giving his advice.
There was a
discussion regarding the fact that Mr.
Sack submitted his response without the knowledge of the Town Manager or Town
Commission, that Mr. Stelling and his attorney knew and were upset and the Commission
was not aware that it had been done.
Commissioner
Evans stated that discussing the negative is not going to accomplish anything
today.
Vice Mayor
Price spoke about the attorneys previously interviewed, which were listed on
the memorandum distributed from the Town Manager. He stated he was in favor of this firm or
Paul Gougelman.
Vice Mayor Price made a motion,
that, after giving notice and getting an agreement from Gary Sack on his
leaving his position as our Town Attorney, effective that day we appoint Paul
Gougelman to serve as our Town Attorney, which was seconded by Commissioner
Evans. The motion carried 3-1, with Commissioner Wilson voting nay.
The meeting
duly adjourned at
______________________________
William G. Stacey, Mayor
ATTEST:
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Lenore R. Milan, Town Clerk