TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - REGULAR MEETING

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WEDNESDAY
March 16, 2005
6:30 p.m.
COMMUNITY CENTER
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A regular meeting of the Town Commission of the Town of Melbourne Beach, Florida was held
on Wednesday, March 16 , 2004 in the Community Center.  

Present:  

Mayor Stacey
Vice Mayor Wilson
Commissioner Guglietta
Commissioner Price
Commissioner Walters

Others Present:  

Town Manager Higginbotham
Town Attorney Gougelman (arrived late)
Interim Town Clerk Karan Rounsavall

Mayor Stacey called the meeting to order and led the audience in the Pledge of Allegiance to the Flag. He then 
called a brief recess in order that commission members and the audience might honor Town Attorney Gougelman 
upon the occasion of his birthday.

Changes to the Agenda:   Commissioner Walters asked that New Business item D requesting a tenth police 
officer position be deferred in order that the commission might have the opportunity to review the agreement 
with Brevard County for first responder funds prior to taking action. Police Chief David Syrkus briefly explained 
the agreement and the county’s eligibility requirements for this funding (i.e. two officers on the road at all times, 
emergency equipment carried in the squad vehicles, and county training). There was no action to defer the item; 
accordingly, it would be discussed under New Business.

Vice-Mayor Wilson advised that he wished to pull consent items E, F, G, & H being residential site plan reviews 
as he wished to discuss the process. These items would be discussed under New Business.

Proclamations and Awards: Police Chief David Syrkus presented an engraved plaque to Officer Melanie Griswold 
recognizing her selection as “Police Officer of the Year” for 2004. The Police Chief also presented a plaque to 
Auxiliary Officer Graham Ohlmann recognizing his selection as “Volunteer of the Year” for 2004. The town 
commission congratulated the award recipients.

Non-Scheduled Citizen Comments:   Frank Thomas commented on a news article appearing in a recent 
edition of The Breeze which referenced a book he had written.

Arthur Belafonte related his ongoing difficulties with Waste Management not picking up yard trash from his 
residence at 305 Oak Street. He had placed numerous calls to Waste Management as well as the town 
manager to no avail. Mayor Stacey suggested that Mr. Belafonte call him in the future when he had a problem.

Jan Futch spoke in favor of a tenth police officer in the town. She felt it was warranted, particularly given the 
additional construction traffic. Her fear was that a second incident might occur when officers were responding 
to another situation.

Martha Remark thanked commissioners for canceling the workshop meeting originally scheduled for March 16th 
at 9 a.m. as she felt it was not fair to working people who might have wanted to attend. Commissioner Walters 
explained his rationale for scheduling the meeting at such time. He had felt that a pre-meeting for discussion 
purposes only might reduce the hours spent at the evening meetings. Pursuant to the Sunshine Law, it was 
necessary to notice the meeting and submit a general agenda. In his opinion, it was an innocent idea that 
was blown out of proportion. Commissioner Price expressed his objection to the morning meeting as it was 
called for a time that he could not attend due to his work schedule.

Tom Shaw agreed that commission meetings should be held at a time when more people could attend and 
pointed out the fact that the cancellation of the morning session was not noticed on the town’s Web site. If 
there was to be a morning meeting, he suggested a Saturday. Commissioner Guglietta objected to the morning 
meeting due to Commissioner Walters’ request that no staff member be present. Town Attorney Gougelman 
advised of Sunshine Law requirements for public meetings: (1) reasonable notice; (2) open to the public; 
and (3) minutes.

Jan Futch believed in an open door policy for her town commissioners and added that it was tough to get all 
business taken care of in a single evening. She went on to suggest that right turns on red be restricted going 
north on A1A from Ocean Avenue. Traffic was non stop and she believed hazardous, particularly for children. 
Mayor Stacey asked the town manager to look into her suggestion.

Scott Herber suggested regular office hours for commissioners.

Xochitl Ross asked how to proceed with changes to the Code of Ordinances relating to breezeway requirements 
in single-family residential zoning districts, particularly since the Town Planner opined that breezeway was not 
applicable to single-family residential. 

Donnie Price, Jr. spoke in favor of the tenth police officer, asked about the status of repairs to the drainage 
ditch in the vicinity of his residence at 506 Harland Avenue, and suggested that the sound system in the 
Community Center be improved. Mayor Stacey asked the town manager to investigate sound system 
improvements.

Approval of Minutes Commissioner Price moved to approve the minutes of regular meeting February 16, 2005 
and special meeting February 10, 2005 as submitted. Vice-Mayor Wilson seconded the motion and it carried 
unanimously.

Town Board/Committee Reports Joy Campbell of the Parks Board announced upcoming events: Easter Egg Hunt 
on March 26th, Pickin’ in the Park on April 17th, and Founders Day on May 7th. She presented a proposal for 
bus service for residents on Founders Day to be provided by A1A Express at a cost of $1,750. This service would 
be an additional expense for Founders Day as the Parks Board had not budgeted for it. Individual members of the 
Rotary Club pledged $500 toward this initiative. The mayor asked to defer this item to later in the meeting; it was 
important to identify a funding source. (Note: Later in the meeting, the commission approved the proposal and 
authorized an expenditure not to exceed $1,750 for two buses for Founders Day. Source of funds: Parks budget.)

Ann Downing of the Williams Building Committee reported on the success of Pets in the Park held on February 26th. 
She mentioned that the committee was having difficulty locating an electrician to make repairs to the Williams Building.

Consent Agenda Commissioner Guglietta moved to approve items A, B, C, and D in accordance with the 
following recommendations:

        A.      Interlocal agreement for formation of Brevard Metropolitan Planning Organization. 
                 Recommendation: Authorize execution of agreement.

        B.      Agreement with Brevard County for lifeguard services at public beaches for the period beginning 
                 April 2, 2005 and ending October 23, 2005 at a cost of $13,359. Recommendation: Authorize 
                 execution of agreement. Funds were budgeted in the Parks Department.

        C.      Binding lot agreement with Bradley Todd Bates and Traci Bates providing for unified lot at 402 
                 Poinsettia Road.  The Board of Adjustment approved the Bates’ variance request at its February 
                 24, 2005 meeting. Recommendation: Authorize execution of binding lot agreement and recordation 
                 upon the Public Records of Brevard County, Florida. Recording costs to be paid by the Bates.

        D.       Resolution No. 1-2005 amending the Town’s Policies and Procedures, specifically Section 9.04, 
                 Wage and Salary Plan, by providing that merit increases would be awarded on an employee’s 
                 anniversary date rather than January 1st of each year. Recommendation: Adopt resolution 
                 implementing policy change.

Commissioner Price seconded the motion and it carried unanimously.

New Business:   The first item was Resolution No. 2-2005 authorizing the refinancing of a loan agreement 
between the Town of Melbourne Beach and the Florida Municipal Loan Council in an amount not to exceed 
$1,850,000. The loan represented debt on the town’s new municipal complex. Town Manager Higginbotham 
pointed out that refinancing the debt would save the town approximately $63,000 due to reduced interest rates 
and advance refunding of callable maturities. He introduced Patti Garrett from Banc of America Securities 
who explained the refinancing process. The minimum threshold of savings stated in the resolution was three 
percent. The actual amount was subject to change until the bonds were actually marketed. 

Commissioner Guglietta moved to adopt Resolution No. 2-2005 authorizing the town manager to work with Bank 
of America and to proceed with the actions necessary to complete refinancing of the debt on the municipal complex.  
Commissioner Price seconded the motion and it carried unanimously.

Mayor Stacey passed the gavel to Vice-Mayor Wilson and moved to reappoint Lauren Hardman to the Planning 
and Zoning Board (P&Z) for a three-year term expiring March 20, 2008. David Campbell, P&Z Chairman, reported 
that Ms. Hardman was an excellent member with an exemplary attendance record. Commissioner Guglietta 
seconded the motion and it carried on an all aye vote. The gavel was returned to the mayor.

Next was site plan review for a ten-unit condominium complex at 406-410 Ocean Avenue, known as The Islander. 
A site plan for this project was previously approved on November 19, 2003, however, expired when no building 
permit was issued within the requisite six-month period. The Planning and Zoning Board recommended approval 
with conditions at its March 7, 2005 meeting. Specific conditions of approval included: (1) revised front elevation 
plan showing the height of the structure; (2) all required approvals from the Florida Department of Transportation; 
(3) planting of additional trees and shrubs to provide a denser vegetative barrier along the northern boundary of the 
site adjacent to single-family residences; (4) applicant meeting with surrounding residents; and (5) that landscaping 
be of the height specified in the site plan at the time of certificate of occupancy. Town Manager Higginbotham noted 
that the approval was also subject to inspection by the Brevard County Fire Marshal. This was a routine matter.

Wendy Murray was present to speak on behalf of her project. She corresponded with adjacent property owners as 
to her plans to move forward with construction. There was no one else present who wished to address this site plan.

Commissioner Guglietta moved to approve the site plan for 406-410 Ocean Avenue as recommended by the Planning 
and Zoning Board. Commissioner Price seconded the motion and it carried unanimously.

The commission moved on to the other site plan reviews deferred from consent agenda. Next was residential site 
plan review for 303 Sunset Boulevard. The Planning and Zoning Board recommended approval at its February 28, 
2005 meeting. Charles Mantle, owner, provided a survey, signed and sealed by his architect as to setbacks and 
building height. He wished to add a garage to the existing structure and construct a pool house.

Vice-Mayor Wilson discussed the process for site plan reviews. He felt that site plans should be forwarded to 
the town commission from the Planning and Zoning Board without any contingencies. Otherwise, how would 
it be known that these contingencies were met? Commissioner Price did not see how site plans could come 
before the town commission without any contingencies, particularly in the absence of paid staff. To require 
absolutely no contingencies before a site plan was brought forward would slow the process down to an 
unacceptable level.

Commissioner Guglietta moved to approve the site plan for 303 Sunset Boulevard, noting that there was 
compliance with all contingencies in this case. Commissioner Price seconded the motion and it carried 
on an all aye vote.

Before proceeding to the next site plan, Planning and Zoning Chairman David Campbell commented on 
the process. He suggested that the town manager provide applicants with a checklist of required items. T
his checklist should be met before an item was placed on the P&Z agenda. If all the information was available, 
a review was a simple 15-minute process. Town Manager Higginbotham agreed with the checklist concept. 
It was noted that it was a staff responsibility to ensure compliance.

Xochitl Ross stated that construction continued on two properties where there was some question as to 
whether or not the height exceeded the 28-foot limit. Town Manager Higginbotham stated that the Hixon 
property on Atlantic Avenue appeared to exceed the height limit. A certified survey had been requested 
as to the height. The owners were aware that height was not to exceed 28 feet. As to the property on 
Flamingo, it was not over 28 feet and was being built from approved plans.

Commissioner Guglietta moved to approve the residential site plan for 450 Sandy Key as well as the site 
plan for reconstruction of a residence at 448 Riverview Lane. In both cases, the Planning and Zoning Board 
recommended approval at its March 7, 2005 meeting. Setbacks and height requirements were met. 
Commissioner Price seconded the motion and it carried unanimously.

Next was a residential site plan review for 609 Atlantic Avenue as requested by Marc Shapiro. The Planning 
and Zoning Board recommended approval at its February 28, 2005 meeting contingent upon the applicant 
providing a signed and sealed site plan addressing the side-yard setback and providing chimney dimensions. 
Town Manager Higginbotham advised that the town’s building official raised a question about the second set 
of plans provided pursuant to the P&Z’s request. Setback measurements were shown in different places. It 
was important to ensure that the measurements were taken from that point on the structure closest to the 
side yard boundary.

Commissioner Walters moved to table this site plan pending clarification of these measurements. Vice-Mayor 
Wilson seconded the motion.

Dave Menzel, representing the owner, addressed this concern. The original house had a setback of 14’7”. He 
had made the changes that were requested by P&Z and urged the commission to move forward with this site 
plan as the owner had been waiting for such a long time to complete repairs.

P&Z Chairman David Campbell reiterated the board’s contingencies. Gail Gowdy noted that the setback 
concerns were raised by the Board of Adjustment earlier when the site was considered for a coastal 
construction variance. The setback was non conforming.

Commissioner Walters withdrew his motion to table and moved to refer the site plan back to the Planning 
and Zoning Board and town manager for clarification on setback concerns. Vice-Mayor Wilson seconded 
the motion and it carried unanimously.

The meeting recessed at 9 p.m. and reconvened at 9:07 p.m.


Before continuing with New Business, Mayor Stacey indicated that he wanted to consider the request of 
the Parks Board for bus service on Founders Day. He passed the gavel to Vice-Mayor Wilson and moved 
to approve the proposal for two buses at a cost not to exceed $1,750. No additional funding was appropriated; 
the buses would be funded from the Parks Board original budget. Commissioner Price seconded the motion 
and it carried unanimously. The gavel was returned to the mayor.


Next was a request for a tenth police officer position which was funded in the Fiscal Year 2005 budget. By 
filling the tenth officer position, the town would be able to have two officers on patrol duty at all times. 
Because these officers were able to provide first medical responder capabilities, the town would be eligible 
for first responder funds from Brevard County in the amount of $35,711. The town manager sought 
authorization to proceed with filling the position and executing the appropriate documents with Brevard 
County for first responder funds (subject to the town attorney’s review of said document).

Commissioner Walters moved to authorize the town manager and town attorney to review the first responder 
agreement with Brevard County and bring it back for commission action at its next regular meeting. 
Commissioner Price seconded the motion and it carried unanimously.

Town Manager Higginbotham reiterated his recommendation for a tenth police officer to provide two patrol 
officers on duty at all times. This was also the request and recommendation of the Police Chief. Commissioner 
Walters noted that this was originally a grant position. It was his understanding that a police officer was currently 
out on a workers compensation injury; wasn’t this the tenth position already? In reviewing activity statistics, he 
did not feel that another position was warranted at this time. However, if the position was approved, he suggested 
that up to four hours of the officer’s shift time be dedicated to code enforcement. Vice-Mayor Wilson stated that 
he did not disagree with Commissioner Walters’ comments, particularly as they related to code enforcement.

Mayor Stacey favored the code enforcement idea. He also suggested that the police chief consider hiring 
someone from the police academy.

Jan Futch, Donnie Price, Jr., Bruce Black, Seth Stark, and Jim Hunter spoke in favor of the tenth police 
officer position. Disappointment was expressed about bickering among commission members and not 
supporting the police chief’s recommendation for another position. Public safety was the main issue.

Decorum of the meeting was lost momentarily. The mayor called the meeting back to order.

Commissioner Price moved to approve the town manager’s request for a tenth police officer position. 
Vice-Mayor Wilson seconded the motion and it carried with Commissioner Walters voting nay.

It was 10 p.m. Mayor Stacey moved to extend the meeting for 30 minutes. Commissioner Walters seconded 
the motion and it carried with Vice-Mayor Wilson and Commissioner Guglietta voting nay.

Next was renewal of agreement with Health First (Intercoastal Insurance, Inc.) to provide employee health 
insurance benefits for the ensuing year (March 1, 2005 through February 28, 2006). A ten percent premium 
increase was necessary to provide the same level of benefits. Town Manager Higginbotham recommended 
maintaining the same level of coverage for employees despite the premium increase. The ten percent increase 
would cost $3,974 for the balance of Fiscal Year 2005. Sufficient funds were available in the departmental 
budgets to cover the increased costs for the balance of the year. The town manager indicated that he would 
obtain new quotes on health insurance for next year; time simply was not available to do so presently. He 
also indicated that he would attempt to change the plan year to coincide with the budget cycle.

Commissioner Walters moved to authorize renewal of the town’s agreement with Health First Health 
Plans, Inc. through February 28, 2006 for the same level of employee health insurance benefits at a 
ten percent premium increase. Commissioner Guglietta seconded the motion and it carried unanimously.

Town Manager Higginbotham stated that the commission adopted an annual budget for each operating 
department containing various line item expenditures. At times it was necessary for a department head 
to re-evaluate the budgeted amounts in these line items and, if necessary, make changes within the overall 
budget. Section 15-7 of the Code of Ordinances of the Town of Melbourne Beach provided that the town 
manager may, with the approval of the Town Commission, transfer any unencumbered appropriation 
balance or portion thereof between general classifications of expenditures within any office, department, 
or agency. Given that the town commission only met on a monthly basis, this proved somewhat cumbersome 
in conducting the day-to-day operations of the town. Accordingly, the town manager requested authorization 
to transfer any unencumbered appropriation balance or portion thereof between the general classifications of 
expenditures within any office, department or agency as he deemed necessary. The town commission 
would be provided within a monthly report on the status of the adopted budget.

Town Attorney Gougelman advised that the town manager’s request was within the scope of the referenced 
ordinance and that the town commission could grant this discretion without the need to amend the ordinance.

The commission discussed the practicality of placing a dollar cap on the town manager’s authority to make 
line item transfers. Commissioner Walters moved to grant the town manager’s request to make line item 
transfers within a departmental budget subject to a $2,000 cap per instance with notification to the commission. 
Commissioner Guglietta seconded the motion and it carried unanimously. The town manager would provide 
monthly financial reports noting these line item amendments.

Town Manager Higginbotham sought clarification from the town commission on the use of town vehicles, 
particularly the use of take-home vehicles by police officers. Generally speaking, all vehicles and equipment 
were used and operated for the benefit of the town and its residents. This day-to-day use of such vehicles 
and equipment was a management decision. Questions were previously raised about a police lieutenant’s 
used of a marked unit. This practice served the town and its residents in that the lieutenant was first response 
in the event of an emergency and with a squad car he could respond directly from home. Commissioner Walters 
referenced a policy adopted in 1989 providing for assignment of an unmarked vehicle to the police chief. This 
particular policy was silent on the use of other vehicles. In 1995, the town commission adopted new policies 
and procedures which did not address the use of vehicles at all. It was the opinion of the town manager that 
these new policies superseded any pre-existing ones.

Vice-Mayor Wilson moved to direct the town manager to prepare a policy for take-home vehicles and bring
it back for commission approval. Commissioner Walters seconded the motion and it carried on an all aye vote.

Town Attorney’s Report Attorney Gougelman brought the commission up to date on the status of the 
Hamilton litigation. He felt that the case was at a point where the town should consider non-binding litigation. 
There was some feeling by commissioners to go forward with the court case as they did not see that 
non-binding mediation would be effective. Attorney Gougelman advised that an action to forego non-binding 
mediation would effectively force all parties to litigate. He felt strongly that there was merit to mediation 
as it would force all parties to come to the table at one time and place.

Jan Futch encouraged mediation.

Commissioner Price moved to agree to the non-binding mediation as recommended by the town attorney 
in an attempt to clear up this litigation. Commissioner Guglietta seconded the motion and it carried unanimously.

Town Manager’s Report Town Manager Higginbotham advised that he met with an architect familiar with 
historical preservation on renovations to the Ryckman House. The town manager had asked for further 
details on proposed work.

The town commission acknowledged receipt of departmental monthly reports from finance, police, fire, 
public works, and building.

Town Commission Reports Commissioner Guglietta asked that the town commission consider the donation 
of an excess fire truck to Sister Cities International in Ft. Lauderdale who would make arrangements to send 
the vehicle to Cap Haitien, Haiti. Town Manager Higginbotham advised that the truck had no salvage value 
and it would cost the town to have it removed. Commissioner Guglietta moved to donate the excess fire truck 
to Sister Cities International in Ft. Lauderdale for further transport to Cap Haitien, Haiti. It was understood 
that the town would incur no expense in this donation (i.e. transport of the vehicle to Ft. Lauderdale). 
Commissioner Price seconded the motion and it carried on an all aye vote.

Responding to earlier public comments about commissioners bickering among themselves, Commissioner 
Walters commented on the fact that commission debate was inevitable. He also asked for a copy of the 
final report on a fire vehicle that ran out of fuel during a response several months earlier; town manager to 
provide. He noted that the town’s agreement with the Melbourne Beach Volunteer Fire Department was 
still pending. Town Manager Higginbotham indicated he would try to get this item on the next agenda. 
The town manager responded to the commissioner’s questions about interns working in town hall and 
the hiring of a temporary office worker. Commissioner Walters asked that the town manager take action 
to initiate storm drain repairs that were budgeted in the Fiscal Year 2005 budget up to $100,000. The 
commissioner went on to mention several expenses that had diminished the town’s contingency fund: 
hiring an interim town clerk, loss of building department revenue, increased police pension costs, health 
insurance increases, etc.

Commissioner Price reminded his colleagues of Legislators Day in Tallahassee on March 30th. He hoped 
that someone from Melbourne Beach could attend.

Commissioner Guglietta asked about the status of the Pedway project. The town manager responded that 
a new subcontractor was hired and penalties would be imposed on the original contractor for time delays. 
He also asked for a copy of the partial rewrite of the town’s comprehensive plan that was mentioned at the 
February 16, 2005 meeting. At his request, the commission heard from Linda Rydson on the status of a 
bed and breakfast in town.

Mayor Stacey asked for commission approval of a letter he wrote to the Church of Jesus Christ of Latter 
Day Saints thanking them for their assistance during the hurricanes. There was no objection to the letter.

Vice-Mayor Wilson reiterated his earlier concern about breezeway requirements and the fact that they 
were required in certain zoning districts and not in others. He suggested that this situation be remedied 
before it became a greater issue. He wanted to initiate appropriate action to strengthen the town’s code 
in this regard. Commissioner Walters suggested a review of breezeway ordinances from other municipalities.


The meeting adjourned at 11:16 p.m.

____________________________________
WILLIAM G. STACEY, MAYOR



____________________________________
KARAN J. ROUNSAVALL,, CMC
INTERIM TOWN CLERK


 

Note:  a mechanical recording has been made of the foregoing procedures of which these minutes are a 
           part and is on file in the office of the Town Clerk.

PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, THE TOWN HEREBY 
ADVISES THE PUBLIC THAT: If a person decides to appeal any decision made by the 
Town Commission with respect to any matter considered at its meeting, he will need a 
record of the proceedings and that for such purpose, affected persons may need to insure 
that a verbatim record of the proceedings is made, which record includes the testimony 
and evidence upon which the appeal is to be based.  This notice does not constitute 
consent by the Town for the introduction or admission into evidence of otherwise 
inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not 
otherwise allowed by law.