Town Commission

Executive Session Meeting

October 22, 2007

The Town Commission of the Town of Melbourne Beach, Florida, met for an Executive Session Meeting on Monday, October 22, 2007, in the Community Center, 509 Ocean Avenue, beginning at 6:30 p.m.

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In attendance were Mayor William Stacey and Vice-Mayor Donnie Price, and Commissioners Paul Guglietta, April Evans, and Sandy Wilson. Also present were Town Manager Jim Bursick, Town Attorney Paul Gougelman, Town Clerk Lenore Milan, and Special Legal Counsel Gary Sack.

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Mayor Stacey called the meeting to order at 6:32 P.M.

Mayor Stacey announced the purpose of the meeting; that the Town Attorney requested the Commission’s advice regarding the pending Chevron litigation; he advised that the estimated length of time for this meeting would be 45 minutes to one hour. Mayor Stacey advised that the Commission, the Town Manager, Town Attorney and Legal Counsel Sack would be in attendance.

Commissioner Wilson stated that he had several questions he wanted to ask.

Commissioner Wilson asked Town Attorney Gougelman if it was absolutely legal to hold this shade meeting, could he guarantee that the Town will not have lawsuits because of this meeting.

Town Attorney Gougleman stated that, in his opinion, this meeting was legal. He said he couldn’t guarantee that there would be no lawsuits.

Commissioner Wilson said the Board of Adjustment has already determined that the variances were illegal, does this Commission have the authority to grant illegal variances? He advised that it was in the Code Book that the Town Commission does not grant variances; he said, isn’t this meeting to decide whether we are granting variances and paying $10,000? He stated that he thought this meeting should be in the public.

The meeting was closed the public and the Town Clerk and audience left the meeting

The Mayor, Town Commission, Town Manager, Special Legal Counsel, and Town Attorney, with a Court Reporter present, met in Executive Session.

The Executive Session adjourned at 7:48 p.m.

The meeting was opened to the public, the Town Clerk and audience returned to the meeting at

7:49 P.M.

Commissioner Wilson stated that if the Commission accepts this settlement offer are we not surrendering?

Town Attorney Gougelman advised that if the Town Commission settles in certain terms if it is in the public’s interest, he does not consider this to be a surrender.

Commissioner Wilson inquired as to why the Commission was in a rush to give away $10,000 when the court date is on November 14, 2007? He then asked; if a Judge was to decide the issue wouldn’t it protect us from a lawsuit?

Commissioner Guglietta stated that three years ago we sat in Executive Session regarding the Hamilton vs. the Town of Melbourne Beach; he said Commissioner Wilson was on the Town Commission at that time, as was a member in the audience. He stated that Mayor Stacey had contacted Mr. Hamilton to settle that matter.

Commissioner Guglietta stated that there was no one screaming about illegal variances back then. He advised that six variances were granted to Dr. McPherson.

Vice Mayor Price spoke about the shade meeting the Commission had pertaining to the Hamilton lawsuits against the Town of Melbourne Beach and Commissioner Wilson, globally. He advised that Commissioner Wilson supported it in the shade meeting as it was in his personal interest.

Commissioner Evans stated that she resented personal politics and grandstanding.

The meeting duly adjourned at 8:00 p.m.

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William G. Stacey, Mayor

ATTEST:

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Lenore R. Milan, CMC, Town Clerk