Town Commission - Special Meeting

All right. All right. It is April 2nd, 5:30. We will get the meeting called to order. This is a special meeting. Uh, if Mrs. Brown, town clerk, could call the role. Mayor Allison Dennington here. Vice Mayor Terry Cronin here. Commissioner Anna Butler here. Commissioner Tim Reid here. Commissioner Sher Corey here. Town manager A. Marie Smith here. Town attorney Ryan Knight here. Town clerk Amber Brown is also present. Okay, we will stand and say the pledge of allegiance.

I alian to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, liberty and justice for all. All right, we will have a moment of silence. Okay.

Stop it.

Okay, I think we're ready to get started. Oh, I think the length of time that the vice mayor and I prayed is a good sign. I know. I um Okay, I will read the civility pre pledge. Um the commission and the town the commission and the staff of the town of Melbourne Beach pledge to conduct all public discourse in a civil manner. The mayor and all members of the commission will treat one another with courtesy and respect and ask the public to do the same towards the commission towards each other towards staff. We will be respectful of one another even when we disagree. We will direct all comments toward the issues. We will avoid personal attacks. Um, I'd like to make one comment before we start and then before we go to public comment. I'm going to go ahead and pass the gavl even though I don't think I have to, but I I feel like maybe it would move things along faster. Uh, I I think that the vice mayor has done a really good job um in the past of running the meeting and being fair and I trust him. Uh, and that way we can move this along. But I do what I wanted to say was I did learn a little bit of information and um even despite that information upon reflection I feel that there was a comment that I made um or an analogy I made at the last meeting as to Mrs. Mascarero and I would like to sincerely apologize. I felt that it was unbecoming. It was petty. Um I'm not proud of it upon reflection. Um, and I do want to sincerely apologize to her. Um, and I did and I want to do it publicly. I want to acknowledge that because who are we if we cannot admit we're wrong, you know? I mean, who are we? I don't want to be somebody who can't admit that I'm wrong and apologize. So, that's what I'm doing. I'm acknowledging and apologizing with that. I don't want to start a precedent, but I do think it'll move things along. I'm just going to go ahead and pass the gavl and say that there is an item on

the agenda that I have a conflict in. So to the extent that there would be a vote, I would be recusing from that vote, but I'm just going to go ahead and pass the gavl now anyway to our very capable vice mayor. All right. Thank you, Madame Mayor, and thank you for your comments. That those were very nice. Thank you. So, uh, we have before us the discussion regarding mediation for Feno LLC versus the town of Melbourne Beach, case number 052025, CA. Oh, I'm sorry. That's right. Thank you. Before we get into that, is there anything that anybody would like to comment on from the public not regarding this?

And in fact, you could preside over this. Yeah, may as well. Okay. Make it easier. Might move things along.

Good evening. Susan Stark, 307 Fth Avenue, Mel Beach. Of course. Um, I have to say I left left the last meeting a little bit disappointed and discouraged for a few reasons. And then this past week, um, I was going through and decluttering a bunch of stuff and I came across Florida Today opinions letter to the editor that I wrote January 3rd, 2006 that I'd like to share with you because some things repeat themselves. Citizens and officials losing sight of goals. It was hard to sit in the audience and watch the discord and fingerpointing running rampant among the commissioners and citizens at Melbourne Beach's December Town Commission meeting. Energy and attention need to be redirected to carrying out the business of the town with a more positive and objective approach. Commissioners, staff, and citizens should keep actions and speech within the guidelines of how to achieve the greatest good for the greatest number. This town doesn't need heroes championing with blinders on on the causes about which they feel most passionate. The resulting tunnel vision precludes them from seeing the bigger picture. People must be willing to come together and work together regardless of differing viewpoints and approaches. It is not the time for self-righteousness to take center stage. That was 2006. rest my case.

Thank you. Are there any other comments? Any other public comments? Yes.

Mary Words 400 Driftwood. A just a quick um statement. Uh don't really need a response to, but it's concerning Ryan Knight. And um it's concerning about your statement that you made to commissioner um Butler regarding the letter directions to the governor. You completely contradicted yourself on the directions on the steps. You gave Tim Reed the directions and a butler came back and did the exact same thing and you completely contradicted yourself and threw under the bus. didn't appreciate it. We're relying on you to give them really good advice. Clearly, you're not don't appreciate it. Don't like our tax dollars going towards somebody that either, I don't know, is incompetent or confused. Don't like either one of those. And it appears that we now have two problems. Problem with their mayor, potentially a problem with their town attorney giving poor advice. Who are you representing? So,

just wanted to let you know we notice it. Mr. WS, just so you know, the the uh town attorney does not have to answer questions. I didn't unless he if he want he wants to, the commission can allow him to. Yep. All right. But it's it's you know what? He showed what he was about on March 4th with the meeting giving the directions and then throwing him on throwing and under the bus on the last meeting. I saw it. It's on the wait. There's a point of order. Um, you know, we want to be sure that in our civility statement that we're not uh we're not too disrespectful. Certainly, you can uh express your displeasure, but you be careful of, you know, how disrespectful it gets. Just a

That's fine. I'm I'm done. I just want to let them know I we've noticed there's quite a few people who noticed that. Just want to let them know we saw it, didn't like it, and didn't appreciate it. That's it. Thank you. Mr. Knight, would you want to respond to anything? No. Okay. Any other public comments? Seeing none, we're going to go on to new business. Uh discussing regarding mediation for FUNO LLC versus town of Melbourne Beach, case number 05205CA 023102 public records case. And I want to recognize our attorney Ryan Knight.

Yes. So I'm going to be requesting the commission have a vote to authorize mediation in this case um and then to select a representative from the commission to attend that mediation. Um, we've been approached to have a mediation which would take place tomorrow at 1:00. Um, there's a few reasons why I think mediation is necessary for this case. Um, one, to see if we can find some common ground to resolve it, but two, when we get to trial on Wednesday, one of the first things the judge is probably going to ask both sides is, have we mediated the case? Um, if we haven't, there's a chance the judge could order us to mediation right there. Um but secondly I don't want to be in a position starting trial where when if the judge asks that question uh the response from the other side is well we wanted to have mediation but the town refused to mediate. So that is why I am making that request. Um as far as mediation goes it's a confidential mediation meaning the statements in there that are said uh stay in there. It's not something that can be used at trial. would be no mediation transcript or anything like that. Uh the mediator is David Dugan. Um and he's a former judge. So I know there was some talk about uh the law firm Weiderman Malik uh hosting a fundraiser for him and his reelection a few years ago. Uh I did reach out and get some background information uh regarding that. the attorney that uh was part of that firm is no longer there who was essentially in charge of the fundraising. Um I do not see any issues with proceeding uh with mediation using him. Um he was a great judge and everybody that I've spoken with has only had high remarks for him. um he does not

have a conflict of interest and pursuant to the mediator's rules, he does have to maintain a level of impartiality. So he cannot show any favoritism towards any of the parties. So I have no concerns with using him for mediation. So what I'm requesting is one to authorize mediation and two for you all to select a representative to attend the mediation tomorrow at 1. And if you have any questions I'd be happy to answer them. Okay. First, I'd like to hear a motion to accept uh having uh mediation. I'll make a motion to accept mediation. I'll second.

Okay. So, now we'll go to discussion. Um do you does anyone on the commission have any questions for Ryan or any comments they want to say? So, I I just a question. So, we're talking about going into mediation. Typically the outcome of mediation is a um agreement of some kind. So we're not committing to an agreement or anything at at the at this mediation meeting or I don't know what the proper term of it. So um and we don't have to do we necessarily have to have a settlement agreement in place for prior to trial? No. Okay.

So purpose of mediation is just to see if we can get to an agreement. There's no requirement that you settle the case. There's no requirement that an agreement be made. Um, we could get there tomorrow and sit there for 30 minutes and realize we're not going to be able to resolve the case and we're free to leave, but at that point we'd be able to represent to the court that we at least tried um to find some common ground and get this case resolved prior to trial. But on the other hand, you know, I get accused of being the forever optimist, we could come to an agreement and move on. Uh, is there other commissioners who have a comment? And sorry, and just to clarify, if we did have an agreement, it would still come before you for a vote to Thank you.

to authorize accepting that agreement. Thank Thank you so much. I think being optimist is a good thing. Yeah. Thank you. What, Commissioner Butler? Thank you. Um, and I think, am I correct? The court date, the trial date right now is April 8th. Is that correct? Correct. Next Wednesday. So, in the event that we have to vote as a commission, um, will there be time to get all that done prior to the April 8th date or will there be a continuence or is that a um I think both parties would probably want a vote beforehand instead of pushing the trial, right? Um because if we push a trial, it's going to be increased cost for everybody,

right? Um, so there's sure there's a possibility maybe Tuesday night or something like that that we may have to have a special meeting to discuss that. Okay. And one quick question. I think we I talked to you on the phone. I think I'm clear, but maybe for the public to know there's nothing new that's arisen as far as a number for a um a settlement or anything like that. Is that correct? Uh, correct. We I don't have any new offer or anything like that at this point. Okay. Thank you, Commissioner Corey. I spoke to Ryan on the phone, so I'm I'm good. My questions were answered. Comfortable. Thank you,

Madam Mayor. No comments. So, I I I think uh everyone's in in in favor of this or spoken in favor of that. So, um public comment, any thoughts? Seeing none, we're going to bring this to a vote. All in favor? I I'll be recused from the vote. Yes, of course. All in favor? I I I All right. So 4 Z with one abstension. Allison Dennington kind of paper you have to fill out. Okay. All right. So is there anything else? Uh Mr. Knight,

the next order of business would be to select a commissioner uh to represent the commission at the mediation tomorrow. So, I I will be unable to to do to offer my services. I I taking my father to see a doctor in Orlando that I've been waiting months to get this appointment. Believe it or not, it's very hard to get appointments with doctors these days. Uh but uh I I would be happy to hear any volunteers. I I as well have a prior commitment. I I can't Right. I'm happy to attend. Okay. I'm I'm happy to attend. Okay. So, we can only have one. Yeah. Correct. So, um you want a motion? Sure.

I'll make a um motion to nominate myself as the attendee. Do I hear a second? Okay. Hearing none. Uh, we have another motion for I make a motion to um have Commissioner Butler, our representative at the um mediation. Is there a second? I'll second. And I'm allowed to.

Yep, you are allowed to. Okay. Um, so discussion. Any thoughts, Commissioner Reid? The only thought is that um you know this is I hope that we all we keep in mind here that we're uh trying to take the best interest of the town keep the best interest of the town in mind um and uh try to be need to be objective and uh not emotional and just need to be dealing with the realities of the the situation where we're at in this point. That's it.

Okay. Is there any comments from the public? Seeing none, uh all in favor? I I I nay. All right. And one abstension, Allison Dennington. So that's 31 with one abstension. So, thank you, Commissioner Butler. Um, is there any other concerns, sir? That is it for right now. Okay. So, uh, we are together. So, before we, uh, hear a motion to end the meeting, I did want to let people know, uh, about what's going on with, uh, Melbby the manatee. I was going to call on Miss Smith, our town manager.

Yes. Uh, thank you very much. Uh, so we have heard back from SeaWorld. Uh actually last week, Commissioner Butler and I went to go visit Melbby and he was doing really really well. We went with a number of members from the Rotary Club and uh they are being very gracious and they have put a GoFundMe out there for Melbby uh for his rescue and his recuperation and now release. That release date is going to be April 7th at 11:00 a.m. and it's going to be at Ballard Park in Melbourne. And the reason they picked Ballard Park in Melbourne is because well what they told us is that that there are a lot of other manatees there and they wanted to make sure that he found the other manatees. So that was their decision based on what they thought was best for Melby. But everyone is invited to attend to go see him return back to his home waters. And uh I know that uh you know all the commissioners um had been really really supportive and helpful from the first night when he was stuck in there when they did the vote and said yes absolutely we got to do what it takes to get him out of there and to safety. and the whole community has come together and you know I I keep telling people that was my first day on the job and it was really amazing to see our community come together. So I would just like to invite everybody uh for April 7th to to come out 11:00 a.m. uh to Ballard Park and uh we should have that information on our website as well as the GoFundMe link if you would like to participate in that as well.

Thank you. And I also asked uh the town to publicly notice that the commissioners will be there so that we can we can all the commission can attend if we can if we can. It's it's on a weekday at 11:00 so it's tough time but I tell you what this is an ex exciting uh event and I think just seeing the manatee lifted back in the water and released is going to be pretty pretty exciting.

Yeah. And I I would just like to say I I mean all the like you said people anyone can attend and I'm glad you guys noticed it but um commissioners can talk to each other you know you just can't talk about business but just know that there's press there and there's people there so you could just be talking about your tennis match or your you know whatever but if people take a picture or a video of you talking and just optics so I guess I would just caution people to make sure that if you are talking do not talk about town business and if you do worry like you know just try to keep a distance because optics can be sometimes, you know, the whole story regardless of what the truth is. So that's all I would say. We don't we don't really necessarily want to have photos of commissioners in a group talking and people wondering what they're talking about. So that's all

before we conclude. May I Yeah, sure.

Um I just want to in reference to inferences that were made that I might not be having the best interest of the town. I don't know where that comes from. And there's historically I've been here up up here over a year and I have nothing but the town in my heart. And I don't think that could be questioned by anybody with their right mind. But um I want to let the town know, whoever's listening, whoever reads this, that I will always keep the town and the people of the town at the heart of all of this. This is why I'm here. So, I said it when I was on my platform running for this and I meant it and I mean it today and I will mean it tomorrow and I will mean it going forward. So, um not just I just want to put any any misinterpretations at ease. Thanks. And we thank you for your volunteerism. Uh is there any other comments? Well, I'd like to hear a motion to uh adjourn the meeting.

Motion to adjurnn. Second. All right. All in favor? I I I. And one abstension. No, I'm just kidding. I All right. We're journed. I'll stay after Amber if you got the form. Never sleep on it. I meant what I said. Oh, is that what it is? Okay. Oh, I'm a therapist. I should have known that.