Town Commission

                                                                                    Special Call Meeting

                                                                                    November 13, 2007

 

The Town Commission of the Town of Melbourne Beach, Florida, met for a Special Call Meeting on Tuesday, November 13, 2007, in the Community Center, 509 Ocean Avenue, beginning at 10:00 a.m.

 

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In attendance were Mayor William Stacey, Vice-Mayor Donnie Price and Commissioners April Evans, Paul Guglietta and Charles Tennant. Also present were Town Manager Jim Bursick, Paul Gougelman, Town Attorney, Bill Whitelock, Building Official and Town Clerk Lenore Milan.

 

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Mayor Stacey called the meeting to order and offered the invocation.  The entire assembly recited the Pledge of Allegiance to the Flag.

 

Mayor Stacey advised that the first item on the agenda was the administering of the Oath of Office to the newly elected Commissioners.

 

Town Clerk Lenore Milan swore-in Charles Tennant as Commissioner for the Town of Melbourne Beach.  She then swore-in Donnie Price as Commissioner for the Town of Melbourne Beach.

 

Mayor Stacey called for a ten-minute recess to congratulate the newly elected Commissioners and for everyone to enjoy the refreshments provided.

 

 

Mayor Stacey called the meeting back to order.

 

Mayor Stacey advised that the next item on the agenda was Resolution 2007-18.

 

Town Attorney Gougelman read this resolution in title only.

 

Resolution No. 2007-18 Reporting the Canvassing of the Returns of the General Election Held on November 6, 2007 for the Election of Two Town Commissioners.

 

Commissioner Guglietta made a motion to approve this Resolution, which was seconded by Commissioner Evans.  The motion carried unanimously.

 

Town Attorney Gougelman presented the next item on the agenda:

 

DISCUSSION AND POSSIBLE ACTION REGARDING PROPOSED AGREEMENT TO SETTLE PENDING LITIGATION BETWEEN TOWN OF MELBOURNE BEACH, BOARD OF ADJUSTMENT AND THIJS STELLING, CHEVRON STATION, CASE NO. 05-2007-AP-065995 (18th Cir.Ct. filed April 3, 2007).

 

Town Attorney Gougelman made his opening statements, advising the Commission that they were not overruling the Board of Adjustment, they were confessing error.  He stated that the Town has reached a settlement in accord with Mr. Stelling regarding his variances, which will now be re-instated. 

 

Town Attorney Gougelman advised that the Town will be released of any personal

and official gap in liability up to today.

 

Commissioner Evans requested that one change be made to the agreement. The last sentence: “Release is not intended to release any claim that either party may have against the other or any third party that may arise subsequent to the execution of this Release even though such claim may arise out of the matters identified herein.”  This was stricken from the agreement.

 

Town Attorney Gougelman stated that he checked with Mr. Stelling’s Attorney to make certain he is agreeable with the change.

 

Mr. Stelling stated that if his Attorney was agreeable, it was agreeable with him.

 

Vice Mayor Price made a motion to approve this agreement, as presented, which was seconded by Commissioner Guglietta.

 

Mr. Howard of Riverside Drive asked if this was a done deal or is it still open. He was advised that it was still open.

 

Mr. Frank Cariou, 215 Dogwood Ave, stated that this was just the appearance of settling something.  He said Mr. Stelling went to court knowing he was negotiating with Walgreens that should negate them, when granting the variances only applied to the Chevron Station, if it is sold to Walgreens they didn’t inherit those variances.  He stated that we do not want a Walgreens in Town, it needs to be stopped right now.

 

 Mr. George Walter, 323 Second Ave, stated he favored having the gas station, he said he has watched these meetings, Mr. Stelling was a perjurer, so was the architect.  Mr. Walter advised that he spoke with Chevron, none of what Mr. Stelling stated was required by Chevron.

 

Ms. Betsy Baird, 1111 River Road, stated that the gas station is great, but the Board of Adjustment rolled over rules of the Town.

 

Mrs. Gail Gowdy, 215 Ash Ave, stated that the decision made not to back the Board of Adjustment was wrong.  She said there was no second to the motion, but it was voted on, the Town Attorney wrote a legal opinion, stating that a hardship was not shown. She advised that she asked for a re-hearing within the 30 days, that there should have been a re-hearing.

 

Town Attorney Gougelman stated that Mr. Stelling received a call from his Attorney, he is in agreement.  He then reminded that once variances are granted, they did not run with the land.

 

The meeting adjourned at 10:25 a.m.

 

 

                                                                                    ______________________________

                                                                                             William G. Stacey, Mayor

ATTEST:

 

 

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    Lenore R. Milan, CMC, Town Clerk