TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - REGULAR MEETING
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Wednesday
April 21, 2004
COMMUNITY CENTER
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A regular meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to
order by Mayor Walters at 6:00 p.m. on Wednesday, April 21, 2004 in the Community Center. Mayor
Walters also led the Pledge of Allegiance
Present:
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Mayor Walters
Commissioner Guglietta
Commissioner Price
Commissioner Stacey
Commissioner Wilson
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Others Present:
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Town Attorney Gougelman (left at 7:15 p.m.)
Interim Town Manager Taylor
Future Town Manager Higginbotham
Twenty five members of the public
Town Clerk Masny
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I. CHANGES TO THE AGENDA
Mayor Walters reported that the Town Attorney will need to leave by 7:15 p.m. and recommended
that agenda items VIII. B. and E. be moved forward and that the Board of Adjustment and Planning
and Zoning Board appointments be pulled from the Consent Agenda and that agenda item II. be moved
to the end of the meeting. There were no objections to the changes.
VIII. PUBLIC HEARING:
RESOLUTION NO. 733
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA FORMALLY
SUPPORTING CONTINUED OPERATION OF PATRICK AIR FORCE BASE AND CAPE CANAVERAL
AIR FORCE STATION; MAKING FINDINGS; PROVIDING FOR DISTRIBUTION OF COPIES OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Town Attorney Gougelman read Resolution No. 733 by title. Mayor Walters stated that this resolution will
show support for the continued operation of Patrick Air Force Base and Cape Canaveral Air Force Station.
COMMISSIONER STACEY MOVED, SECOND VICE MAYOR GUGLIETTA TO ADOPT RESOLUTION NO. 733.
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA FORMALLY
SUPPORTING CONTINUED OPERATION OF PATRICK AIR FORCE BASE AND CAPE CANAVERAL AIR
FORCE STATION; MAKING FINDINGS; PROVIDING FOR DISTRIBUTION OF COPIES OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED.
B. DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF TOWN
MANAGER’S EMPLOYMENT AGREEMENT.
Mayor Walters stated that he contacted the Town Manager regarding the $2,500 in moving expenses and that
he believes this expense to be reasonable. Mayor Walters requested that on Page 8. of the agreement, the
Town Commission remove the following section, “The goals, performance responsibilities and standards shall
be jointly prepared by the Town Commission and the Town Manager. Said goals, performance responsibilities
and standards shall be prioritized, reduced to writing, and attainable within the time limitations specified and
within the constrains of the annual operating and capital appropriations budget provided.” As the Town
Commission has not done this in the past and the Town Commissioner’s evaluations will show if the
Manager has met their goals.
After discussion, Mayor Walters withdrew his request to delete this section from the agreement.
Mayor Walters asked for clarification to section e. on Page 9. regarding health insurance coverage. Interim
Town Manager Taylor stated that he took this section from a previous agreement and the Town currently
has 80-20 type coverage for employees, this is just saying that the Town pays the entire insurance premium.
Town Attorney Gougelman commented that the Town may in the future change carriers of the health insurance
and the parameters may call that the Town does not pay 100% of the insurance premium.
Mayor Walters requested that on Page 11. under section h. that the following verbiage be deleted, “However,
the Town Manager shall receive a travel allowance in the amount of $150 per month for travel within Brevard
County. The $150 per month amount shall be prorated for partial months of service at a rate of $5.00 per day
($150 divided by 30 days). Mayor Walters stated that the Town Manager has use of a vehicle for business
purposes. Mayor Walters asked for any additional changes from the Town Commission. There were none.
Mayor Walters opened the meeting for public comment regarding this agenda item. There were no public
comments.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO ACCEPT THE TOWN MANAGER’S
EMPLOYMENT AGREEMENT AS AMENDED.
VOTE: ALL AYES. MOTION CARRIED.
E. DISCUSSION AND POSSIBLE ACTION REGARDING ORDINANCE 2001-02.
(COMMISSIONER WILSON)
Commissioner Wilson asked Interim Town Manager Taylor to give a brief history regarding this agenda
item. Interim Town Manager Taylor stated that the Town received two lawsuits regarding the Hamilton
house, one names Commissioner Wilson in his capacity as a Town Commissioner, which is the same
as against the Town and coverage is offered for this lawsuit. The second is a lawsuit against Commissioner
Wilson in his personal capacity, and a question came up as to if coverage should be extended or offered
to him. Interim Town Manager Taylor stated that the Town ordinance regarding insurance coverage mirrors
Florida statutes. Interim Town Manager Taylor stated that he submitted a memo discussing the process
that needs to be reviewed if this were to come to the Town Commission for consideration such as
Commissioner Wilson would need to submit a request to the Town Commission requesting coverage
and the Town did receive a letter from Attorney Doug Noah making this request and it is up the Town
Commission if they wish to cover Commissioner Wilson in that capacity. Interim Town Manager Taylor
stated that it is obvious that both cases are intertwined because they deal with the same subject matter
and if the Town Commission decides to extend coverage and it is determined Commissioner Wilson acted
in his individual capacity and the Town expended funds, there should be a reimbursement to the Town.
Interim Town Manager Taylor stated that this is a decision to be left up to the Town Commission.
Mayor Walters opened the meeting for pubic comment.
Bill Hoskovec, 526 Avenue B commented that on Page 5 on line 1 of Ordinance 2001-02, the third word
should be changed from “may” to “shall.”
Gail Gowdy, 215 Elm Avenue commented that the Town should stand behind Commissioner Wilson as
he has always acted on the Town’s behalf.
Alice Graham, 305 First Avenue agreed with Ms. Gowdy to support Commissioner Wilson as he has been
harassed and the Town Commission should support him.
Mike West, 406 Atlantic commented that the charges in both lawsuits are similar and both should be put
together and the Town should stand behind Commissioner Wilson.
Susie Stark, 307 Fifth Avenue commented that she sat through several meeting where the Town Commission
voted not to proceed any further with actions regarding the height of the Hamilton house and that she is
concerned that the Town Commission is opening a can of worms here.
Mike King, 1402 Oak Street, commented that he disagrees with Susie Stark and what Commissioner Wilson
did was over and beyond what a Commissioner normally does, as he looks at matters and examines them.
Mr. King pointed out that Mr. Hamilton loves to litigate and he is very good at it and that he will not relax
until we counter sue because of harassment from him.
Town Attorney Gougelman commented that the Town needs to consider that if it is not willing to support
its Town Officials, Board members, Town Manager and Town Attorney, will the quality of people it is going
to attract be what the community wants?
Mayor Walters stated that the Town should put the insurance company on notice for not defending
Commissioner Wilson because he never took any action to prevent Mr. Hamilton from doing anything
as he is building his house exactly as he submitted it. Mayor Walters commented that the lawsuits were
done to intimidate the Town Commission and the Town board members and agrees that the Town should
defend Commissioner Wilson and Commissioner Wilson should countersue for attorney’s fees and the
Town’s insurance company should be put on notice.
Commissioner Price commented that we have an ordinance on the books that states we must offer a defense
for elected officials, board members and officers of the Town; however we also have an insurance policy, which
is a contract and they are to defend us in these type instances and as long as they offer a defense, they can
settle a case and there is nothing we can do about it. Commissioner Price agreed that the Town should put
the insurance company on notice and hold them accountable and must make every effort to defend
Commissioner Wilson, even though there is a possibility for disaster for Commissioner Wilson.
Commissioner Stacey commented that the Florida League of Cities denied coverage for the personal lawsuit
so we cannot ask them to lump both of the lawsuits together. Commissioner Stacey commented that he
approached Mr. Hamilton and his attorney and asked that they drop all charges and Attorney Hamilton
made an offer to Commissioner Wilson, but he did not accept the offer.
Vice Mayor Guglietta commented that he read the Town Manager’s memo and concurs with the stipulation
that a demand should be made to the Florida Municipal Trust and they have erred and should provide coverage
for the personal lawsuit and if they refuse, the Town will do so and subsequently look to the Trust for
reimbursement. Vice Mayor Guglietta commented that this ordinance was passed two years’ ago and
this is the first time it has come into play, it is up to this Commission whether we want to cover Commissioner
Wilson. Vice Mayor Guglietta commented that he does not believe that Commissioner Wilson did anything
out of the scope of his job as a Commissioner and the Town should back Commissioner Wilson 100 percent.
Commissioner Wilson thanked all for speaking and advised that he did not know this individual, Mr. Hamilton
prior to his receiving telephone calls regarding the house at 501 Atlantic Street and he had never spoken to
him except for two times on the phone when Mr. Hamilton called him, during Town meetings or on when Mr.
Hamilton addressed him on the beach. Commissioner Wilson stated that he hopes he has raised the
consciousness as to what was going on and he did his best to bring the situations up at Town Commission
meetings each time he found something out. Commissioner Wilson commented that if the Town does not
defend its board members or Commissioners, this will happen again and again. Commissioner Wilson
stated that he will abstain from voting on this issue.
Town Attorney Gougelman suggested that the Town needs to write a letter to the Chairman and all members
of the trustee’s committee to point out the situation.
MAYOR WALTERS MOVED, SECOND COMMISSIONER STACEY, THAT THE TOWN OF MELBOURNE
BEACH PUT ITS INSURANCE CARRIER AND ALL TRUSTEES ON NOTICE THAT THEY WERE IN ERROR
IN THEIR DECISION NOT TO DEFEND COMMISSIONER WILSON IN THE LAWSUIT FILED AGAINST HIM
PERSONALLY BY MR. HAMILTON. IN THE MEANTIME, THE TOWN PROVIDE REASONABLE ATTORNEY
FEES AND COUNCIL TO DEFEND COMMISSIONER WILSON IN THE ACTION THAT WAS FILED AGAINST
HIM PERSONALLY BY MR. HAMILTON UNDER THE PROVISIONS OF ORDINANCE NUMBER 2001-02.
VOTE: COMMISSIONER STACEY, AYE. COMMISSIONER PRICE, AYE. VICE MAYOR GUGLIETTA, AYE.
MAYOR WALTERS, AYE. COMMISSIONER WILSON ABSTAINED. MOTION CARRIED.
IX. NEW BUSINESS:
A. CONSIDERATION OF AWARD OF BID FOR OAK STREET PEDWAY IMPROVEMENTS.
Interim Town Manager Taylor stated that the bid is not ready to be awarded as our Town Engineers,
Outlaw and Jones were not familiar with the apparent low bidder and are in the process of reviewing
references and other bids and asked that the agenda item be tabled.
VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER STACEY TO TABLE AGENDA ITEM
CONSIDERATION OF AWARD OF BID FOR OAK STREET PEDWAY IMPROVEMENTS UNTIL THE NEXT
REGULAR MEETING.
VOTE: ALL AYES. MOTION CARRIED.
VII. CONSENT AGENDA:
A. TOWN BOARD REAPPOINTMENTS:
BOARD OF ADJUSTMENT: CONSIDERATION OF REAPPOINTMENT OF MIKE ROWE AND JULIE
KINZER TO THE BOARD OF ADJUSTMENT WITH TERMS APRIL 21, 2004 THROUGH APRIL 21, 2007.
Mayor Walters stated that he will pass the gavel to the Vice Mayor and asked Town Clerk Masny if the Town
has received any other interest in the Board of Adjustment? Town Clerk Masny responded that the Town
has not received any new applications for appointment to the board. Mayor Walters stated that he was
advised by Gail Gowdy that she is interested in this board even though she did not check it on her
application form.
MAYOR WALTERS MOVED, SECOND COMMISSIONER STACEY TO REAPPOINT MIKE ROWE AND
APPOINT GAIL GOWDY TO THE BOARD OF ADJUSTMENT WITH TERMS APRIL 21, 2004 THROUGH
APRIL 21, 2007.
VOTE: ALL AYES. MOTION CARRIED.
PLANNING AND ZONING BOARD: REAPPOINTMENT OF SHERRI QUARRIE TO THE PLANNING AND
ZONING BOARD WITH A TERM APRIL 21, 2004 THROUGH 21, 2007; REAPPOINTMENT OF COLLIN
CAMPBELL FROM THE ALTERNATE #1 POSITION TO A REGULAR MEMBER ON THE PLANNING
AND ZONING BOARD WITH A TERM ENDING JULY 16, 2006 AND REAPPOINTMENT OF MIKE KING
FROM THE ALTERNATE #2 POSITION TO A REGULAR MEMBER ON THE PLANNING AND ZONING
BOARD WITH A TERM ENDING AUGUST 21, 2005.
MAYOR WALTERS MOVED TO APPOINT MIKE KING, GAIL GOWDY, AND COLLIN CAMPBELL TO THE
PLANNING AND ZONING BOARD.
MOTION WITHDRAWN AFTER LENGTHY DISCUSSION.
Commissioner Price stated that he is opposed to appointing any one person to both of these important
boards and the Town can find other people to apply.
Vice Mayor Guglietta stated that he served on two Town Boards and Curtis Byrd serves on the Parks
Board and the Environmental Advisory Board and this is not out of the ordinary as all boards are important
and there are no other candidates for these openings.
Commissioner Price stated that there was no notice given to the Commission or members of the public
that there were openings on these boards and this agenda item should not go forward.
Mayor Walters commented that what usually happens is that this would be a reappointment, but this time
he is recommending that the Town put someone new on the Board. He stated that the appointment should
not be a “rubber stamp”. Mayor Walters stated that Ms. Gowdy, who attends the Planning and Zoning and
Board of Adjustment meetings, will do a good job as this is why he feels that she should be a regular member
on the Boards rather than an alternate member. Mayor Walters also stated that there had been a request for
a reappointment to the Board of Adjustment even though the Board member had not had not attended any
meetings in the last year.
Vice Mayor Guglietta clarified with Ms. Gowdy that she would like to remove her interest from the Code
Enforcement Board and would be interested in serving on the Board of Adjustment.
Commissioner Price stated that he thinks it improper because the Town has not advertised these vacancies
on the Planning and Zoning and Board of Adjustment where we have had all the controversies about height
restrictions, and to put one person who has been the leader in the “tear down the Hamilton house” on both
boards is improper.
Ms. Gowdy responded that back in November, Commissioner Price, during a meeting, challenged her to
get actively involved in this community rather than to stand up and complain. Ms. Gowdy commented
that she put her application in to volunteer for serving on the Town Boards the following day, she took
him at his word and that is what she is doing. Commissioner Price stated that Ms. Gowdy was just
appointed to the Board of Adjustment and that he does not think she should be appointed to the
Planning and Zoning Board tonight also, it should be one or the other, not both.
Bill Hoskovec, 526 Avenue B commented that if Ms. Kinzer and Ms. Quarrie reapplied for reappointment,
so there were other applications.
Linda Rydson, 1301 Pine Street commented that she did want to be on a Board and that she read in
the Beachcomber that the Town was looking for members to be on the Historic Board. Ms. Rydson
stated that she reads the bulletin board faithfully, attends the Planning and Zoning Board, Board of
Adjustment and Town Commission meeting and did not know. Ms. Rydson asked that this agenda
item be postponed until next month.
Trish Riemer, 607 Riverside Drive commented that the Town has two positions open and Sherri Quarrie’s
term is up for renewal on the Planning and Zoning Board and the Town Commission is talking about
putting someone in who has stood up trying to get certain things not done such as that she does not
want a bed and breakfast in Melbourne Beach and that she wants Jack Hamilton to tear down part of
his house and make sure that nobody else can build anything that high, and she has made it clear that
she is against this project that is coming up for a vote.
Mike King, 1402 Oak Street commented has been a resident since 1997 and that he volunteered for
the board because he saw it in the paper time after time, after time and he decided to apply because
he had the time and suggested that the Town Commission fill vacant member seats with those who are
alternate members on the board. Mr. King agreed that there should be time allowed for people to apply
for the boards.
Marty Remark, 707 Atlantic Street commented that when she ran for Town Commission the Town
Attorney said she had to resign from the Code Enforcement Board, which has not met in over a year
and asked if she was still on the board.
Sherri Quarrie, 701 Pine Street commented that she understands that the Town Commission does
not want to reappoint her to the Planning and Zoning Board and advised that she has been on the
Board for two reappointments and now is not qualified. Vice Mayor Guglietta and Mayor Walters
explained the previous discussion regarding the agenda item to Ms. Quarrie and Commissioner
Price clarified with Mayor Walters that it is the intent of the motion to eliminate the person whose
term has expired. Ms. Quarrie stated that the Mayor is working with the old school of thought that
with confusion, there is opportunity and Commissioner Price is pointing out the confusion in the way
the consent agenda is written.
Ann Downing, 801 Pine Street commented that she would think that if you are on a board and reapply
to stay on that board, you are pretty much reappointed to that board. Ms. Downing commented that
if this is not the procedure, the residents should be made aware of it for future planning. Ms. Downing
commented that she always thought that if you were an alternate, you moved up if there were a vacancy
in a regular member position occurs.
Bruce Black, 508 Ocean Avenue commented that a Town Commission meeting is a business meeting
of the Town, and as elected officials, you can appoint whomever you want, but, what comes into question
here is that the procedures and rules have to be posted.
Mayor Walters commented that the only thing different here is that we are not rubber stamping the
reappointments. He made a motion to remove this item from the consent agenda so it could be discussed.
Mayor Walters explained that the Town Commission presented a draft height ordinance to the Planning
and Zoning Board for their review and recommendations. He stated that he was sure the Board would
look into the ordinance and advise the Town Commission on how to prevent a violation of the building
code in the future. Instead, they submitted it back as drafted. Mayor Walters commented that in the
draft ordinance there were exceptions to the 28 feet height limit. The draft ordinance said you could
put a copula, an antenna or other similar structure on your home. The wording “other similar structure”
would create the same problem as the word, “appurtenances” did in the ordinance. We had an ordinance
we were trying to tighten up and the Planning and Zoning Board did not see the problems. Mayor Walters
said he felt Gail Gowdy would do a better job, she has the time and the energy and he felt this Commission
should have had something better than a flawed ordinance sent back to it from the Planning and Zoning
Board. The Town Commission had to have a workshop and spent hours trying to do what he thought the
Planning and Zoning Board should have done.
Commissioner Wilson commented that there was a time when this Commission appointed other
Commissioners, it is not like it is unheard of business, and explained that there was an election and
he came in third but he was not automatically appointed to a vacancy, the Commission made the
decision who they felt the best candidate was for the appointment.
Commissioner Stacey commented that he would have a hard time not reappointing Ms.Quarrie because
she has been at all of the meetings.
MAYOR WALTERS MOVED, SECOND COMMISSIONER WILSON TO TABLE THE AGENDA ITEM
REGARDING THE PLANNING AND ZONING BOARD APPOINTMENTS AND/OR REAPPOINTMENTS.
VOTE: ALL AYES. MOTION CARRIED.
CODE ENFORCEMENT BOARD: REAPPOINTMENT OF WARREN OLIN AND DONALD KENNEY TO
THE CODE ENFORCEMENT BOARD WITH A TERM APRIL 21, 2004 THROUGH APRIL 21, 2007; AND
REAPPOINTMENT OF MICHAEL BOVE FROM THE ALTERNATE #1 POSITION TO A REGULAR
MEMBER ON THE CODE ENFORCEMENT BOARD WITH A TERM ENDING MAY 14, 2006.
PARKS BOARD: REAPPOINTMENT OF CURTIS BYRD TO THE PARKS BOARD WITH A TERM
APRIL 21, 2004 THROUGH APRIL 21, 2006.
ENVIRONMENTAL ADVISORY BOARD: REAPPOINTMENT OF KRISTEN VANWAGNER FROM
THE ALTERNATE #1 POSITION TO A REGULAR MEMBER ON THE ENVIRONMENTAL ADVISORY
BOARD WITH A TERM APRIL 21, 2004 THROUGH APRIL 21, 2006.
MAYOR WALTERS MOVED, SECOND COMMISSIONER STACEY TO APPROVE THE CONSENT AGENDA.
VOTE: ALL AYES. MOTION CARRIED.
III. TOWN BOARD APPOINTMENTS AND RESIGNATIONS:
A. RESIGNATIONS:
ACCEPTANCE OF RESIGNATIONS OF GLENN ERICKSON FROM THE CODE ENFORCEMENT
BOARD; GEOFFREY CARTER FROM THE ENVIRONMENTAL ADVISORY BOARD; AND GARY
SACK AND GREGORY DURHAM FROM THE PLANNING AND ZONING BOARD.
VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER STACEY TO ACCEPT THE RESIGNATIONS
OF GLENN ERICKSON FROM THE CODE ENFORCEMENT BOARD. GEOFFREY CARTER FROM THE
ENVIRONMENTAL ADVISORY BOARD AND GARY SACK AND GREGORY DURHAM FROM THE PLANNING
AND ZONING BOARD.
VOTE: ALL AYES. MOTION CARRIED.
B. APPOINTMENTS: CONSIDERATION OF APPOINTMENT OF GAIL GOWDY TO THE PLANNING
AND ZONING IN THE ALTERNATE #1 POSITION WITH A TERM APRIL 21, 2004 THROUGH APRIL
21, 2007 AND APPOINTMENT TO THE CODE ENFORCEMENT BOARD IN THE ALTERNATE #1
POSITION WITH A TERM APRIL 21, 2004 THROUGH FEBRUARY 20, 2005.
No action was taken on this agenda item.
V. APPROVAL OF MINUTES: MARCH 3, 2004 SPECIAL MEETING AND PUBLIC HEARING,
MARCH 10, 2004 SPECIAL MEETING AND
MARCH 17, 2004 REGULAR MEETING.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO APPROVE THE MINUTES OF
MARCH 3, 2004 SPECIAL MEETING AND PUBLIC HEARING, MARCH 10, 2004 SPECIAL MEETING AND
MARCH 17, 2004 REGULAR MEETING.
VOTE: ALL AYES. MOTION CARRIED.
IV. NON-SCHEDULED CITIZEN COMMENTS (3-MINUTE LIMIT, PLEASE)
Frank Thomas, 606 Atlantic Street commented that he is the Town’s unofficial folklorist and historian
and that he would like to speak at the Town Hall dedication on Founders Day and it should be noted
about who founded the Town and requested that he be allowed to speak of the tribute to the Town founders.
Linda Rydson, 1301 Pine Street commented that she has an issue coming before the Board of Adjustment
on Monday and in the midst of our disagreements we need to remember that the point of this project is to
save one of our few remaining original houses and remember the family and people who lived here. It is a
time for us to think about who we are, what we are proud of and how we can all work together.
Ron Gallagher, 318 Third Avenue commented that the stairs at the beach crossovers at Third Avenue and
Sixth Avenue, are in need of repair and asked that the Public Works Department look into these.
Bruce Black, 508 Ocean Avenue commented that when questions are brought up at meetings, these
questions and responses be typed up and available at the next meeting and the items on the agenda
need to give the residents more information about what is being discussed.
Bill Hoskovec, 526 Avenue B commented that it be possible that the agenda be in smaller than 16 point
font to allow it to print.
Jan Futch, 801 Oak Street asked how a church was allowed to be put in a residential area and asked this
be looked into as she is concerned.
Frank Thomas, 606 Atlantic Street commented about the church at Avenue A and Oak Street, and stated
that he asked about this three months’ ago.
Mayor Walters passed the gavel to Vice Mayor Guglietta to make a motion.
MAYOR WALTERS MOVED, SECOND COMMISSIONER WILSON THAT FROM THIS DAY FORWARD, THAT
IN EVERY NEWSLETTER, FOR A PERMANENT POSITION, THE TOWN ADVERTISE AND REQUEST BOARD
MEMBERS FOR ALL TOWN BOARDS.
VOTE: COMMISSIONER STACEY, AYE. COMMISSIONER WILSON, AYE. MAYOR WALTERS, AYE.
COMMISSIONER PRICE, AYE. VICE MAYOR GUGLIETTA, NAY. MOTION CARRIED.
B. APPROVAL OF AMY ADAMS, CAPE CANAVERAL SCIENTIFIC TO RESUBMIT A FLORIDA
FOREVER/FLORIDA COMMUNITIES TRUST GRANT FOR FUNDING TO PURCHASE NORTH PARCEL
TO LOGGERHEAD PARK PRESERVE IN AN AMOUNT FOR GRANT WRITING SERVICES NOT TO
EXCEED $4,830.00.
VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER PRICE TO APPROVE CONSENT AGENDA
ITEM. B.
VOTE AFTER DISCUSSION, ALL AYES. MOTION CARRIED.
Jan Futch stated that Cape Canaveral Scientific submitted the first grant and asked if it was turned down?
Mayor Walters stated that someone else bought the property for a little more than the state would purchase
it for and now we are resubmitting the grant to purchase it from the current owners.
Trish Riemer, 607 Riverside Drive asked why the Town Manager can’t reapply for a grant and how much it
cost to file the first application? Ms. Riemer was advised that this has to do with time constraints.
Martha Remark, 707 Atlantic Street asked how much they are selling the north piece of property for this
time? Ms. Remark was advised it costs $600,000.
Susie Stark, 305 Fifth Avenue asked if the Town receives copies of the disks of the grants that have been
submitted or do the grant writers keep them?
Commissioner Price stated that the Town is paying for someone to take the grant and shepard it through
the process, not just resubmit the same grant again. Commissioner Price commented that there are several
other grants and the Town has a new Town Manager who will be here soon and he will look at the future grant
writing possibilities.
C. AWARD OF BID TO PRO-AM SAFETY, INC. THROUGH FEMA GRANT AWARDED TO THE
MELBOURNE BEACH VOLUNTEER FIRE DEPARTMENT IN JANUARY 2004.
VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER WILSON TO AWARD THE BID TO PRO-AM
SAFETY, INC. THROUGH FEMA GRANT AWARDED TO THE MELBOURNE BEACH VOLUNTEER FIRE
DEPARTMENT IN JANUARY 2004. IN THE AMOUNT OF $77,500.00 PLUS $1,538.00 FOR A R.I.T. KIT.
VOTE: ALL AYES. MOTION CARRIED.
C. DISCUSSION AND POSSIBLE ACTION REGARDING TERM LIMITS.
(MAYOR WALTERS)
Mayor Walters stated that he needs advice from the Town Attorney as to how to proceed with this as it
will need to go to the residents for a vote.
VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER PRICE TO TABLE AGENDA ITEM IX.C.
VOTE: ALL AYES. MOTION CARRIED.
D. DISCUSSION AND POSSIBLE ACTION REGARDING MELBOURNE BEACH LAND DEVELOPMENT
CODE, SECTION 7A-172. (VICE MAYOR GUGLIETTA)
Vice Mayor Guglietta read Land Development Code Section 7A-172 into the record, “Whenever a violation of
this Land Development Code occurs or is alleged to have occurred, any person may file a complaint. Such
complaint shall state fully the causes and basis thereof and shall be filed with the Town Clerk.”
Vice Mayor Guglietta asked that if a resident comes to Town Hall to file a complaint regarding a fence
installed in the right-of-way, what is the procedure to enforce this section of the code? Vice Mayor Guglietta
stated that it is his understanding that the Code Enforcement Office is our Public Works Director and the code
advises that a complaint shall be filed with the Town Clerk.
Vice Mayor Guglietta asked what happens when a shed or fence is put up and no permits are pulled, someone
has to enforce the codes in the code book. Commissioner Wilson commented that building codes are
enforced by the Building Official and others are enforced by the Code Enforcement Board.
Vice Mayor Guglietta asked Town Clerk Masny who enforces the Land Development Code and Town Clerk
Masny replied that the Building Official investigates these complaints. Mayor Walters stated that it appears
that the Town needs someone to enforce the ordinances. Vice Mayor Guglietta agreed and stated that we
have all of these regulations in the code book and we need someone to enforce them.
Mayor Walters opened the meeting for comments from the public.
Marty Remark, 707 Atlantic Street commented that all questions of interpretation, first go to the Building
Official and then to the Board of Adjustment. Ms. Remark commented that code enforcement used to be
an effort between the Police Department, Building Official and Code Enforcement Officer.
Gail Gowdy, 215 Ash Avenue commented that Section 4A-143, reads, “The Building Official, under the
direction of the Town Manager, shall administer the provisions of this Land Development Code, and the
Code Inspector shall initiate enforcement procedures in accordance with Section 11-15 through 11-22
of the Town Code when violations of this Land Development Code exist. The Code Inspector may
initiate enforcement procedures in accordance with Section 489.127(3) of the Florida Statutes.”
Under Section 11, it talks about the Code Enforcement Board’s responsibilities. Ms. Gowdy stated
that there is a separation between the enforcement of the Land Development Code and the remainder
of the code.
VI. REPORTS BY ANY TOWN BOARD OR COMMITTEE SUBMITTING A REPORT.
Ann Downing reported that the Williams Building Committee will have a booth at Founders Day to
acquaint people with the Williams Building and the Board and will be accepting donations. The
Committee with also continue to have the history play this year, but advised it is hard to get a
cast of younger people for the play and the play will have to be shortened this year. Ms. Downing
advised the Town Commission that the Committee is committed to the Williams Building, and to
keep the record straight, are not the history committee. Ms. Downing reported that the community
values the older houses and the Ryckman House and old Post Office.
Donnie Price, Parks Board Chairman reported that everything is set for Founders Day and everybody
should remember it is the day to celebrate the history of the Town. There will be three bands for the
street dance this year, the 10K run has been canceled this year because Kim Bissett dropped out and
the Board was unable to get professional event runners to coordinate the event and it will resume next
year. Mr. Price reviewed the schedule of events for Founders Day and reported that the Rotary Club
will be serving beer and wine this year.
COMMISSIONER STACEY MOVED SECOND COMMISSIONER PRICE TO EXTEND THE MEETING UNTIL
9:30 P.M.
VOTE: ALL AYES. MOTION CARRIED.
II. PROCLAMATIONS AND AWARDS: PRESENTATION OF CERTIFICATE OF COMPLETION TO VICE
MAYOR GUGLIETTA FOR HIS ATTENDANCE AT THE 2004 INTERNATIONAL ACADEMY, ADVANCE COURSE.
Mayor Walters presented a Certificate of Completion to Vice Mayor Guglietta for his attendance at the 2004
International Academy, Advance Course. Vice Mayor Guglietta discussed his experience attending the course.
X. REPORTS:
A. TOWN ATTORNEY
There was no Town Attorney report as he had to leave the meeting early.
B. TOWN MANAGER - TRANSITION PERIOD
Mayor Walters introduced W.D. Higginbotham as the Town’s new Town Manager. Interim Town Manager
Taylor reported that this is his final official meeting with the Town Commission. Mr. Taylor reported that
there were several projects accomplished since his appointment in January and acknowledged former
Town Manager Bill Hoskovec and former Interim Town Manager Connie Smith and thanked them for their
help. Mr. Taylor stated that he would be happy to stay through May 7, 2004 to bring Mr. Higginbotham
up to date on issues and assist in preparing a draft budget. Mr. Taylor thanked the Town Commission
for the opportunity to serve the community.
The Town Commission thanked Mr. Taylor for serving as the Town’s Interim Town Manager and for staying
to work with Mr. Higginbotham during his first two weeks’ of employment with the Town.
C. TOWN COMMISSIONERS
Vice Mayor Guglietta thanked the volunteer fire department for their quarterly financial report and pointed
out that they need to list the expenditures on the next quarterly report. Vice Mayor Guglietta reported that
the last agreement between the Town and the department is dated November 1993 and now that we have
a new complex, we need to come to a new agreement and asked that this be put together by Interim
Town Manager Taylor and Town Manager Higginbotham. Vice Mayor Guglietta reported that he attended
his first Metropolitan Planning Organization meeting regarding the county roads and the allocation of funds
and feels that next month he will be able to give a better report as he gets more familiar with the organization.
Commissioner Price reported that he participated in the West Shore Junior/Senior High School in their Senior
Projects Presentation where they present oral and written presentations on senior projects and invite members
of the community to be judges to the projects. Commissioner Price reported that he was impressed with the
youngsters and their projects. Commissioner Price reported that he attended the Space Coast League of
Cities meeting and that the Charter Commission is in the process of making recommendations for changing
the County Charter and many of the recommended changes would take away authority from the cities and
be given to the county. Commissioner Price reported that he attended a meeting held at the Melbourne
Airport regarding the school budget and that there is a problem funding the schools and the shortages
in funding that exist. Commissioner Price commented that the sales tax issue was defeated and there
needs to be new ideas to fund the schools.
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER WILSON TO EXTEND THE MEETING 15
MINUTES, UNTIL 9:50 P.M.
VOTE: ALL AYES. MOTION CARRIED.
Commissioner Stacey reported that he serves on the Water Supply Board and stated that the Melbourne
water is very good and one of the best in the state. Commissioner Stacey requested to know how many
people have volunteered to serve on the new historical board and Town Clerk Masny responded that the
Town has received two applications. Commissioner Stacey expressed concern about employees in
Town regarding educational opportunities as the Police Department has an education fund to pay for
classes and he would be in favor of paying for Town employees to attend classes.
Commissioner Wilson asked what the status is of the improvements at the traffic signal intersection
and Interim Town Manager Taylor reported that the Town had a meeting with Dick Thompson at the
County and then with a person at the Florida Department of Transportation, who was to check the
looping system for the signals and the Public Works Director is to follow up with this. Mr. Taylor
reported that the Town has decided to work with Dick Thompson at the County to get a design and
get a price through their contracts and have them do the work at the intersection.
Vice Mayor Guglietta stated that there was $10,000 in the budget for sand fences and this project has
not been done and in a few more days is the beginning of turtle nesting season and the Town could take
that money and put it back into the general fund and use it to go toward the stormwater project on Oak Street.
Mayor Walters commented that the Town Commission has not completed the mid-year budget review yet
and suggested the budget amendment just suggested by Vice Mayor Guglietta be handled through that
process. Mayor Walters commented that the Town Commission has been open and allowed the residents
to come up and have their say as it is important to get different ideas on topics and thanked all for their
comments. Mayor Walters advised that the Town has a police officer on workers’ compensation and asked
that this be checked into. Interim Town Manager Taylor responded that the officer is on workers’ compensation
and is scheduled for surgery. Mayor Walters asked when the Town is going to stripe the municipal complex
parking lot and Interim Town Manager Taylor responded that there is some cosmetic work to be done on the
parking lot and the parking lot will be striped when the circle drive is completed. Mayor Walters recommended
that the newsletter have a “Commission corner” to give the residents updates regarding Town progress.
Mayor Walters stated that he has no problem with any Commissioner writing articles for the newsletter,
as long as they are not political and the Town Commission may need to readdress the resolution
prohibiting a Commissioner from writing articles without permission of the majority.
Frank Thomas, 606 Atlantic Street commented that he founded Founders Day and stated that he has done
a lot with the history of the Town and commented that Donnie Price and Ann Downing are hard workers
for the Town that the home tour was great and the Williams Building raised a lot of funds during the tour
and suggested that Ann Downing be allowed to make an historic speech on Founders Day at the municipal
complex dedication. Mr. Thomas commented that the old Post Office is dangerous and needs maintenance.
Mr. Thomas commented on his not being allowed to speak at the building dedication and Mayor Walters
commented that once again, he will extend his hand to Mr. Thomas and that when he returns all items
that were in the old Post Office, the Town can restore his position as Town Historian and he will personally
vote that he be reinstated. Mr. Thomas responded that he does not want to be Town Historian with this
Commission and stated that he does not have anything that belongs to the Town.
D. GENERAL COMMISSION DISCUSSION (TIME PERMITTING)
There was not general Commission discussion.
XI. ADJOURNMENT
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER STACEY TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The regular meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 10:50 p.m.
____________________________________
STEVEN O. WALTERS, MAYOR
____________________________________
CYNTHIA E. MASNY, CMC
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.
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