TOWN OF MELBOURNE BEACH

TOWN COMMISSIONSPECIAL MEETING

April 20, 2016

AGENDA PACKET

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TOWN COMMISSION SPECIAL MEETING

WEDNESDAY APRIL 20, 2016 Immediately following the Regular Town Commission Meeting

COMMUNITY CENTER – 509 OCEAN AVENUE

AGENDA

Mayor Jim Simmons Town Manager Timothy Day Vice Mayor Margot Dorfman Town Clerk Gwen Peirce Commissioner Tom Davis Town Attorney Clifford Repperger, Jr. Commissioner Gail Gowdy Commissioner Steve Walters

PUBLIC NOTICE

The Town Commission will conduct a Town Commission Special Meeting immediately following the Regular Meeting on Wednesday, April 20, 2016

in the Community Center located at 509 Ocean Avenue to address the item below.

Notice: Commission discussion and possible action may occur during any Commissioner Meeting. The following sections of the Agenda are always subject to such discussion and possible action without further motion by the Commission: Changes to the Agenda, Public Hearings, Old Business, and New Business. The public is advised that members if the Town Commission may be in attendance and participate in proceedings of the board. Attorney General Opinions (AGO) AGO 91-95, AGO 98-14, AGO 2000-68. PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, THE TOWN HEREBY ADVISES THE PUBLIC THAT: In order to appeal any decision made at this meeting, you will need a verbatim transcript of the proceedings. It will be your responsibility to ensure such a record is made. Such person must provide a method for recording the proceedings verbatim as the Town does not do so. In accordance with the Americans with Disability Act and Section 286.26, Florida Statutes, persons needing special accommodations for this meeting shall, at least 5 days prior to the meeting, contact the Office of the Town Clerk at (321) 724-5860 or Florida Relay System at 711.

I. Call to Order – Led by Vice Mayor Dorfman

II. Roll Call

III. Pledge of Allegiance and Moment of Silence

IV. Public Comment

After being acknowledged by the Mayor, members of the public should state

their name and address for the record. The Commission encourages citizens

to prepare their comments in advance. Each individual will have three (3)

minutes to address the Commission on any topic(s) related to Town business

not on the Agenda. Please remember to sign the sign-in sheet provided if you

will be speaking at the meeting.

V. New Business

A. Discussion and possible action to censure Mayor Simmons.

VI. Adjournment

Attachments: April 18th letter from Terry WilliamsDate Prepared: 4-19Requested By: Gail GowdyMeeting Date: 4/20/16

Agenda Category: (check all that apply)Proclamations & Awards Public HearingsPresentations Old BusinessBoards & Committees New BusinessConsent

xOther: Special call Meeting directlyfollowing 4-20 regular commissionmeeting.

Subject: Discuss if there is support of commission to actRecommended Action: Motion to move forward to censure mayor. I am

proposing that we the commission meet by way of aworkshop to review the charter and develop aresolution and the censure facts.

Background: The mayor continues to manipulate minutes andtown documents such as the LDC beyond hisauthority by seeking undue privilege and misuse ofthe position. The mayor has also stated publicly thathe will not abide by commission rules that constrainhis use of the attorney.

Our actions must be as a body.

The mayor’s actions are outside the authority of thecommission and are putting us all in jeopardy. Hisactions are causing delays in progress and costingthe town money.

Suggested Action:

April 18, 2016

Town Commission

Town Manager

Town Clerk

Town Attorney

Town of Melbourne Beach

507 Ocean Ave., Melbourne Beach, FL 32951

Commission and Staff:

I am writing to express my concern regarding activities by Mayor Simmons that include what

appears to be tampering with the working draft of the Land Development Code outside of the

required sunshine and misleading Members of the Commission and community regarding his

actions.

On 4/5/16, The Town Commission held a special meeting to address potential sunshine and

process issues that resulted from unauthorized direction given by the Mayor to Town Staff.

During this meeting, Town Attorney Repperger stated that it was his impression that the

Mayor only directed changes to the draft Land Development Code that had already been

previously made and agreed to by the Commission and/or the Planning & Zoning Board.

Attorney Repperger stated (based on second-hand information he had been given) the Mayor

had only sought to assure that changes, already made and agreed to in a public meeting, were

reflected in the draft.

At 20:20 in the recording for the 4/5/16 Special Town Commission Meeting, Mayor Simmons

stated, “There are no changes in there that are undocumented that were made as a result of

this meeting.”

During his statements at the 4/5/16 Special Meeting, Mayor Simmons strongly asserted that

the only changes he directed to be inserted were changes that were already agreed to and

changes that did not have change indications appropriately shown. . . and then later, he added

the caveat that there were also changes that were “just Scribner’s notes” made by various

people (which, I believe, would hardly be representative of changes made with the full consent

of the Commission or Planning & Zoning Board).

Following this meeting, I secured and reviewed two different Land Development Code drafts

that were provided to me as part of a Public Records Request that say, “Return to Jim

Simmons” on them. One states, “Draft: November 2014, Revised June 19, 2015)” and one that

states, “Draft November 2014, March 1, 2016.”

Also contained within the “Draft November 2014, March 1, 2016” document provided to me is

a March 11, 2016 email from Mayor Simmons to Town Planner, Corey O’Gorman, “Subject:

Land Development Code, Para 7A-87 (Uses Under Special Exception Provisions)” which I have

pasted below. You will see when reading this email, that Mayor Simmons wrote a new version

of 7A-87 Uses Under Special Exception Provision that was placed word for word (taken

directly from his email) in the March 15, 2016 LDC draft that was distributed to members of

the Town Commission and Planning & Zoning Board for review and discussion.

For emphasis, I quote from the Mayor’s March 15, 2016 email to Mr. O’Gorman the following:

“As we discussed, here is what I believe this paragraph is intended to convey.

Please note that I made a few changes (in red) from the original words

(explanation follows).” And – “General – I changed “Board of Adjustments” to

“Town” in here. That way, we can change the process without perhaps,

making this inconsistent with the new approval process.”

This action and these statements, appear to be in contradiction to the Mayor’s on the record

assertion that he had not provided anything to Mr. O’Gorman for inclusion that was not

already in existence. True, this email and direction was not provided during the meeting held

between the Mayor, Town Manager and Town Planner. But, it is clear – this is a direct part of

that discussion and the ongoing direction provided by the Mayor which is fully outside of our

legal Commission process and set into action a scenario that would break our sunshine laws.

Additionally, as I reviewed the two LDC draft documents provided by Mayor Simmons – with

the direction to make changes to the existing draft of the Land Development Code, I found

multiple instances of edit requests that were not documented as relating to any prior public

meeting/agreement by the Commission or Planning and Zoning Board.

In some instances, the Mayor requests striking, adding or moving certain content, for which

the Town Planner did capitulate – but, included notes like, “Ask about this.” In several

instances, there is simply no documentation whatsoever.

Our system of municipal government is under attack: Reasonable and transparent

governmental processes are being trampled upon by the Mayor – and being labeled as “silly,”

misrepresentations of fact are being handed out without concern or consequences, the Mayor

is employing our Town Attorney to advance and protect these attacks (and sending the bill to

our Citizens), and confusion surrounding/alterations to our Land Development Code are

transpiring without reasonable and required sunshine.

While I applaud the decision of the Planning and Zoning Board to not use the altered March

15, 2016 draft of the Land Development Code, it is clear the Mayor has reached beyond his

authority to work directly with the Town Planner. At this time, I cannot be assured that the

views and recommended edits/additions to the Land Development Code will be brought

forward by the Town Planner with the independence that is required for our

boards/commissions to function objectively.

I ask the Town Commission to take all necessary actions to end this obliteration of our laws

and the practices of good government.

Thank you.

Terry Williams

423 6th Ave.