TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - Workshop

Thursday
June 17, 2004
COMMUNITY ROOM - TOWN HALL

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A workshop of the Town Commission of the Town of Melbourne Beach, Florida was called to order by 
Mayor Walters at 6:00 p.m. on Thursday, June 17, 2004 in the Community Room at Town Hall.  Mayor  
Walters also led the Pledge of Allegiance.

Present:  




Absent:

Mayor Walters
Commissioner Guglietta
Commissioner Price
Commissioner Wilson

Commissioner Stacey

Others Present:  

Town Manager Higginbotham
Police Chief Syrkus
10 members of the public
Deputy Town Clerk Gomez (left 8:00 p.m.)

DISCUSSION OF WRIT OF PROHIBITION, CASE NO. 05-2004-AP-059814

Commissioner Wilson asked to discuss Writ prohibition first on the agenda.  There were no objections 
from the Town Commission.

Town Manager Higginbotham explained to the Town Commission that he needed direction regarding 
the WRIT of Prohibition received by the Town regarding the appeal submitted to the Board of Adjustment 
regarding the Hamilton house.  He reported that this will be going to court and referred to a memo 
submitted by the Town Attorney regarding this and advised that the Town will need to give direction 
on how it will respond to this.  Town Manager Higginbotham reported that the Town Attorney advised 
that there could be heavy legal fees involved, depending on how vigorous the legal effort is.  

The Town Commission discussed at length the situation and whether it should vigorously defend the 
Writ of Prohibition or not and if the Town is commented to taking on the costs associated with it.

Mayor Walters open the workshop to public comment.

Mark Abraham, 410 Atlantic Street commented on the Hamilton house issues and how he believes the 
Town has an obligation to make a decision based on the principle and the concepts of what is occurring 
with this right now.  

Alice Graham, 305 Fifth Avenue commented on appurtenances and that Mr. Hamilton is on violation with 
some of the codes and should be fined.   

Tom Shaw, 406 Riverside Drive commented that he does not see how, morally and ethically the Town can 
defend the previous Building Inspector in court and not simultaneously vigorously follow this item as well. 

Xochitl Ross, 1106 Atlantic Street commented about the previous Building Official.   

Lynette Fodor commented that she has two (2) empty lots behind her and is concerned about the rights 
of other builders and how this height violation may affect others. 

Mayor Walters advised that the Town Commission is discussing and taking public comment on whether 
or not the Town should spend $10,000 or more dollars continuing this with the Hamilton house.   

Scott Herber, 211 Flamingo Lane commented that his concern is that if no stand is taken on this, it leaves 
the Town open for other problems.

Mike West, 406 Atlantic Street commented that there is a pattern of the builder not complying with the 
codes and there are other homes being constructed right now and asked if the Town is going to fight the 
lawsuit or save the $10,000?   

Town Manager Higginbotham stated that the Town Attorney is asking for direction on this, should the Town 
bear the expense of strongly fighting this case or should the Town support intervention by Mr. West and Mr. 
Hamilton and allow them to take up the fight against Mr. Hamilton thereby allowing the Town’s involvement 
to be more passive in merely seeking direction from the court.  Town Manager Higginbotham stated that 
this will allow them to pursue this in court and in turn, have their appeal heard before the Board of 
Adjustment and it will then be a decision of the Town Commission to provide legal defense for the 
Building Official as in the last appeal case. 

Commissioner Guglietta pointed out that if Mr. West and Mr. Abraham convince the court that there were 
violations in the issuance of the Certificate of Occupancy, it can go before the Board of Adjustment and 
he is in favor of this.  Commissioner Guglietta stated that the Town has an obligation to defend the 
Building Official, the Town and the citizens.  Commissioner Price stated that this year, the Town 
has spent $36,609.92 on legal fees, which includes the Hamilton house.

Tom Shaw, 406 Riverside Drive requested that it be written in a resolution, that the Town Commission 
will vigorously support and pursue any violations of the new codes. 

Mike West, 406 Atlantic Street commented that mediation could be used to look for another solution and 
commented that maybe this could be settled  more quickly and with less expense. 

IT IS THE CONSENSUS OF THE TOWN COMMISSION TO ADVISE THE TOWN ATTORNEY THAT IT 
DOES NOT WISH TO VIGOROUSLY FIGHT THE WRIT OF PROHIBITION.

DISCUSSION OF FINANCIAL STATEMENTS FOR YEAR ENDED SEPTEMBER 30, 2003

Town Manager Higginbotham reported that currently the auditors are having difficulty sufficiently reconciling 
to close our the last fiscal year and advised that this is due to the fact that we have an outside agency 
handling some of the financial affairs, the software was changed, and there were personnel changes.  He 
reported that the software was generating bad check numbers when in fact it was producing hard copy 
checks and the reconciliation has been a problem and the amount outstanding is $16,000.   Town 
Manager Higginbotham reported that the auditors have given three (3) alternatives and the third (3rd) 
one is not an option.  He advised that the auditors mentioned the Town can close out the $16,000 for 
the fiscal year, but they would like to have someone look at the payroll records and make certain expenses 
are posted with the deductions and such, which was done and nothing was found and now we are at the 
point that the audit will be finished by July 15th and we will get an unqualified opinion.  He stated that the 
$16,000  will be  booked as miscellaneous revenue and then the auditors can move ahead to reconcile the 
bank accounts. 

DISCUSSION OF FISCAL YEAR 2004/2005 MUNICIPAL BUDGET

Mayor Walters reported that this item is on the agenda so that the Town Commission can give the Town 
Manager direction on how the budget should be prepared.  Mayor Walters discussed that the previous 
Town Commission had implemented a utility tax and had the Town Engineer prepare a stormwater 
master plan study and it was determined that there was $3 million in needed stormwater drainage 
improvements.  He advised that the previous Town Commission created a stormwater utility tax, but 
the Town used more than one-half of the money to hire an additional Public Works Maintenance person 
and grant money to get started on the projects, but the Town used the money to hire an additional Public 
Works Maintenance person and put them in the stormwater utility budget to clean out the storm drains.   
Mayor Walters suggested that the Town Commission have the Town Manager budget $250,000 in this 
next fiscal year, without  raising taxes, by eliminating three (3) positions, Public Works Director, Police 
Grant Officer, and Finance Manager.   Mayor Walters commented that this would be approximately 
$205,000 to be used as the Town’s dollar match for any possible grants we receive from the State or 
Federal Government.  Mayor Walters commented that he believes the Town does not need to raise 
taxes and proposed that there be no increase in salaries this year, which will also help with the 
stormwater budget.  

Town Manager Higginbotham reported that the Public Works Director will be retiring in July of this year.  
Vice Mayor Guglietta asked if the Fire Maintenance position is currently filled and that this position has 
a salary of $27,000 in the budget and asked the Town Manager if he has given any thought as to filling 
this position?  

Town Manager Higginbotham stated that if the Town Commission wants $250,000 added to the budget, it 
needs to give him the opportunity to come back to the Town Commission and make a recommendation 
rather than making suggestions such as cutting positions because this will need to be looked at as to 
how it will affect the level of service provided.  He advised that he may come up with another way to achieve 
this without cutting all of these positions and if the Town Commission wants to repair the stormwater drainage, 
there may be other ways such as reducing expenses in other areas of the budget.  Town Manager Higginbotham 
responded that he may agree that the Town does not need a Finance Manager, but it may need an additional 
person in that department.  

Commissioner Price commented that there is concern on the Commission with regard to putting emphases 
on stormwater runoff, salary structure, etc., but the Town Commission should give direction to the Town 
Manager regarding these and let him come back and give a recommendation on a budget.  

Vice Mayor Guglietta commented that he would like to look at the step plan in regard to the automatic 5% 
salary increase and explained the different types of step plans he has worked with in the past. Vice Mayor 
Guglietta agreed that there should be no step raises this year.  Vice Mayor Guglietta commented that some 
of the Town’s roads need to be resurfaced.   

Commissioner Wilson commented that there are historical buildings that need to be addressed.  

Vice Mayor Guglietta commented that last year there was $10,000 dedicated in the Public Works budget 
for the installation of sand fences and advised that this money be transferred from this line item and put into 
the Oak Street stormwater project for the pedway. 

DISCUSSION OF PROPOSED HEIGHT ORDINANCE (COMMISSIONER WILSON)

Commissioner Wilson commented that he reviewed the Planning and Zoning Board minutes regarding 
the height ordinance and the Town Attorney’s amendments to the ordinance on Page 26, and, apparently 
the Planning and Zoning Board can issue a waiver for exceptions to the height and this wording needs to 
be amended in the ordinance.  The Town Commission discussed conditions for granting exceptions to 
the height requirements.

The Town Commission noted that the latest draft heigh ordinance notes on the bottom of the page that 
it is the 2nd revision, dated June 8, 2004.  The Town Commission noted that there has been a lot of 
input given regarding changes to this ordinance and there will be several amendments.  Commissioner 
Wilson requested the second reading of the height ordinance be postponed until the July meeting.

There being no further business the workshop adjourned at 8:30  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.