TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - Special Meeting

WEDNESDAY
May 4, 2005
6:30 p.m.
COMMUNITY CENTER

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The Town Commission of the Town of Melbourne Beach met in special session on
Wednesday, May 4, 2005 in the Community Center, 509 Ocean Avenue, beginning at 6:30 p.m.

Present:  

Mayor Stacey
Vice Mayor Wilson
Commissioner Guglietta
Commissioner Price
Commissioner Walters

Others Present:  

Town Manager Higginbotham
Interim Town Karan Rounsavall

Mayor Stacey called the meeting to order and led the assembly in the Pledge of Allegiance to the Flag. 
There were five items on the agenda, the first being discussion and possible action concerning additions to 
Section 7A-51 of the Town of Melbourne Beach Land Development Code as requested by Vice-Mayor Wilson. 
Vice-Mayor Wilson directed the Town Commission to a memorandum from Ed Washburn, the town’s planning 
consultant, dated April 23, 2005 which stated that he found nothing in the town’s codes which required the 
Planning and Zoning Board or the Town Commission to review anything related to single-family residential 
construction. Section 7A-51 of the code dealt with site plans for multi-family and commercial districts. It 
was Mr. Washburn’s determination that a “plot plan” as might be found on a survey for a single-family home 
was not a site plan. The vice-mayor pointed out that the recently adopted height ordinance provided for 
Planning and Zoning Commission review of single-family residential construction. He hoped to make similar 
provision in the stated section of the code to avoid any problem in the future.

Referencing Mr. Washburn’s memorandum, Vice-Mayor Wilson moved to direct the town manager to work 
with the town attorney to construct and/or amend Section 7A-51 of the Town of Melbourne Beach Land 
Development Code to clarify that the Planning and Zoning Board was to be involved in the approval 
process for residential site plans. Commissioner Price seconded the motion.

The Commission heard from the public present. Mike Lesser asked why this was being considered. If there 
were plans to change any ordinance affecting the use of property, he asked that residents be notified. In his 
personal situation, he was unaware of any changes to the height ordinance until he tried to obtain a building 
permit. When an owner’s entitlements on a property were reduced, property values were reduced as well. He 
suggested that owners be notified by a mail out. Mrs. Lesser had similar comments.

Several commissioners mentioned that the height ordinance defined how height was measured; it did not 
change the building height of 28 feet which had been on the books for many years. Commissioner Guglietta 
mentioned that he would like to see a Charter amendment that would limit the height of structures within the 
town to 28 feet.

At the request of the mayor, Gail Gowdy stated her involvement in the workshops and public meetings on the 
height ordinance. It was her feeling that height limitations would eventually increase property values. The action 
being requested this evening was to address inconsistencies within the town code.

The motion carried unanimously.

Commissioner Walters asked to discuss requirements to qualify to hold elected office in the Town of Melbourne 
Beach. Should a potential commissioner be literate? What if they had filed for bankruptcy or were in the middle 
of a bankruptcy suit? Should such an individual be responsible for the town’s million dollar budget? What about 
convicted felons? The current requirements were that an individual be registered to vote and a resident of the town 
for six months preceding the date of qualification. The Commission heard brief comments from Mike Lesser and 
Frank Thomas but took no action on this item.

The next item was also placed on the agenda by Commissioner Walters: discussion and possible action on 
designating the first Wednesday of every month as a special meeting/workshop date. Setting aside a date 
certain for special/workshop meetings would greatly facilitate the scheduling process for commission members, 
staff, legal counsel, and the public. By doing so, everyone would know the date in advance and could plan for it. 
It was noted that special meetings came at a cost to have the attorney and staff members present. Emergency 
meetings could, of course, be called at any time.

Mike Lesser felt this was a good idea. It was important that people know when the commission planned to meet. 

It was the consensus of the commissioners to set aside the first Wednesday of every month as a special/workshop 
meeting date if the need arose.

At its special meeting on April 13, 2005 the town commission directed the placement of an employment ad for 
the position of town clerk to run continuously for two weeks in the Florida Today. This item was placed on the 
evening’s agenda for further direction because of the significant cost involved. To run a display ad in the Florida 
Today for two weeks cost $2,922. This would include a 30-day online publication on CareerBuilder.com. Interim 
Town Clerk Rounsavall offered an alternative, that being the placement of a four-line classified employment ad, 
as opposed to a display ad, to run for seven consecutive days that would direct interested individuals to the town’s 
Web site where a full description of the open position would be available. The line ad would cost approximately $458.36.

It was the consensus of the commission to direct the placement of a four-line classified employment ad in the 
Florida Today to run for seven consecutive days at an approximate cost of $458.36. The ad would direct interested 
individuals to the town’s Web site for more information.

The final item was a request by Town Attorney Paul Gougelman for town commission representation at a mediation 
conference in the Hamilton litigation. Commissioner Guglietta agreed to serve in this capacity. There was no 
objection. The mediation conference was scheduled for Thursday, May 12, 2005 at the Melbourne Beach library.

Commissioner Walters moved to adjourn the meeting. Vice-Mayor Wilson seconded the motion and it carried 
unanimously.

The meeting adjourned at 7:37 p.m.

____________________________________
WILLIAM G. STACEY, MAYOR



____________________________________
KARAN ROUNSVALL , 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.