TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - Special Meeting
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Wednesday
May 5, 2004
COMMUNITY ROOM - TOWN HALL
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A special 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, May 5, 2004 in the Community Room at Town Hall.  Mayor 
Walters also led the Pledge of Allegiance
Present:  
Mayor Walters
Commissioner Guglietta
Commissioner Price
Commissioner Stacey
Commissioner Wilson
Others Present:  
W.D. Higginbotham, Jr. Town Manager
Nine members of the public
Amy Adams, Cape Canaveral Scientific
Town Clerk Masny
I.      DISCUSSION AND POSSIBLE ACTION REGARDING A GRANT THROUGH THE FLORIDA 
        COMMUNITIES TRUST   

        Town Manager Higginbotham stated that the Town Attorney has reviewed a proposed grant contract 
        and has forwarded his suggestions regarding same.  Town Manager Higginbotham reported that the 
        Town was notified that we were awarded a $3.2 million grant and appraisals have been ordered on 
        the Boomerang property.  He reported that the state will award funding based on the result of the 
        appraisals.  

        Mayor Walters verified that the state is requesting an indication from the Town that it wants to 
        proceed with the grant application to move forward with the acquisition of the property.

        Ms. Adams advised that the approved conceptual site plan, as prepared by the Parks Board 
        and Environmental Advisory Board, intends this to be a passive park, which means the rubble 
        parking lot will be turned back to native vegetation, the two buildings on the south end of the 
        property will be leveled, parking will be added near the First Avenue beach access, we will 
        keep the restaurant buildings and rent these to cover the cost of maintenance of the buildings. 

        Jim Hunter, 301 Banyan Way asked what the Town is going to do with the property as he was 
        advised that the Town plans to expand Ocean Park?  Mr. Hunter stated that he is concerned as 
        a taxpayer about taking this $3,000 tax revenue from this property out of the Town’s revenue as  
        the library property was taken off the tax roll also.

        Town Manager Higginbotham explained that his intent is to put together a plan to generate enough 
        revenue to offset the operating costs as well as lost revenue.  He explained he will present something 
        for approval by the Town Commission. 

        Amy Adams explained that the grant application points out that the business ventures will help cover 
        costs of maintaining  the onsite buildings, including air conditioning, lighting and so forth and regaining 
        any lost revenue from taxes.   Mayor Walters asked if this will include the maintenance workers and 
        Ms. Adams advised that maintenance of the park will become part of the overall cost.

        Commissioner Price presented a question that what if the property cost is $10,000 per year and 
        generates $100,000 and asked what happens to the $90,000?   Ms. Adams responded that you will 
        have to lower the rental fees and maintain a zero balance at the end of the year.  Commissioner Price 
        asked Ms. Adams how do you make adjustments for any increase in taxes?  Ms. Adams commented 
        that all of this will be addressed in the Management Plan, which must be submitted to the Florida 
        Communities Trust for their review prior to closing on the grant.  Ms. Adams added that the Management 
        Plan will be drafted in the next 60-90 days. Commissioner Price commented that the Town will be adding 
        350 feet of park land to be maintained by the Town without the ability to recover these costs and he believes 
        that this commercial property should not be removed from the tax rolls because its highest and best use is 
        commercial property.  
        Commissioner Wilson commented that there are plenty of down sides to this property such as not having 
        sufficient parking spots for visitors to the new park area and agreed that this could be a  major money drain 
        for the Town as an estimated loss of various tax revenues for this property is about $5,500.   Commissioner 
        Wilson commented that people will come to Town to go to the beach and they will be using the parking lot 
        of the shopping center, which will require the Town to hire an extra officer on the weekends to control this.  
        Commissioner Wilson stated that he has some reservations with this, but will probably support it.  
        Commissioner Wilson commented that he would like to get this idea to the people to have them vote on 
        it if there were time to do so.

        Vice Mayor Guglietta commented that the Town spent $3,800 to apply for the grant and the   Town 
        Commission will change and the next Commission may vote to rezone the property for condominiums.  
        Vice Mayor Guglietta stated that we have an opportunity to get 350 feet of oceanfront property and does 
        not want to take the chance for condominiums to be constructed on this property.  

        Mayor Walters opened the meeting for public comment.

        Frank Thomas, 707 Atlantic Street commented that up until 1970,  this property was a beachfront bar 
        and casino and The Town had a lot of problems, this is the best idea since the library was constructed.  
        Mr. Thomas stated that in 1970, when the town was offered the lease of the current Ocean Park, these 
        same questions were asked and the same problems were mentioned.

        Jim Hunter, 321 Banyan Way commented that he plays volleyball at Ocean Park and has to fight for use 
        of the courts as the people come over her from Orlando to use the courts.  Mr. Hunter commented that not 
        many residents use the park because those who do are from somewhere else.  Mr. Hunter asked how much 
        will it cost to demolish the buildings and construct the boardwalk or other facilities and where is the money 
        going to come from? 

        Sherri Quarrie, 701 Pine Street commented that she has not seen the site plan for this property and that 
        she assumes demolition will be the 2-story real estate building and asked how much tax income will be 
        lost?  Commissioner Wilson stated that $5,500 is the closest he could come to estimating this.  

        Susie Stark, 305 Fifth Avenue commented that she understands that the site plan takes out the turnaround 
        area and Ms. Stark was advised that it does not.  

        Martha Remark, 707 Atlantic Street asked if this will be a lease and Ms. Adams advised that it will be 
        owned by the Town and will be held in perpetuity as a park.  Ms. Remark commented that this sounds 
        like a good idea as we will have more parking and public restrooms.  

        Holly Madden, 608 Mango Drive commented that a local business owner has a contract on the property 
        right now and asked how the Town is going to secure the position to procure the property?  Mayor Walters 
        stated that the State will barter for the property with the current owner and they will only offer the appraisal 
        amount for the property.  Ms. Madden suggested that the Town enter into a letter of intent with the owner 
        of the property because if the first contract fails to perform, the Town’s contract goes into play. 

COMMISSIONER STACEY MOVED, SECOND COMMISSIONER WILSON TO APPROVE THE FLORIDA 
COMMUNITIES TRUST GRANT FOR $3.2 MILLION.  VOTE: COMMISSIONER STACEY, AYE.  COMMISSIONER 
WILSON, AYE.  VICE MAYOR GUGLIETTA, AYE.  MAYOR WALTERS, AYE.  COMMISSIONER PRICE, NAY.  
MOTION CARRIED.

        Mayor Walters stated that the Town Attorney reviewed the Florida Communities Trust grant agreement 
        for the Ocean Park expansion and provided recommended changes for consideration by the Town 
        Commission.

COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO ACCEPT THE TOWN ATTORNEY’S 
RECOMMENDATIONS FOR SECURING THE FLORIDA COMMUNITIES TRUST GRANT.  
VOTE: ALL AYES.  MOTION CARRIED. 

II.     ADJOURNMENT
VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER STACEY TO ADJOURN.  
VOTE: ALL AYES.  MOTION CARRIED.

       The special meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 6:50 p.m.
 
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STEVEN O. WALTERS, MAYOR



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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.