TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - Regular Meeting
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Wednesday
June 30, 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 7:00 p.m. on Wednesday, June 30, 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
Town Manager Higginbotham
27 members of the public
Town Clerk Masny
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Mayor Walters presented Town Attorney Gougelman as the Florida “City Attorney of the Year”. Vice
Mayor Guglietta thanked everyone for the cards and flowers he received while in Holmes Regional Hospital
I. CHANGES TO THE AGENDA.
Vice Mayor Guglietta and Mayor Walters requested that Consent Agenda Items D. E. and F. be
removed from the Consent Agenda for discussion. There were no objections from the Town Commission.
II. PRESENTATIONS BY SPECIAL GUESTS: STATE REPRESENTATIVE MITCH NEEDELMAN -
LEGISLATIVE WRAP-UP.
State Representative Mitch Needelman updated the Town Commission regarding this year’s Legislative
Session in Tallahassee. Representative Needelman discussed the State budget items, population increase
in the State, the Brevard County school budget, Constitutional Amendments regarding Pre-K school and
healthcare. He also discussed legislation regarding city issues such as Article 5 for code enforcement
and transportation issues and paint ball parks like the one in Palm Bay and the liability issues involved.
Representative Needelman advised that a bill has been passed naming Highway 192 the Howard E.
Futch Memorial Highway.
III. PROCLAMATIONS AND AWARDS: PRESENTATIONS OF CERTIFICATE OF COMPLETION
TO COMMISSIONER DONNIE PRICE AND COMMISSIONER WILLIAM STACEY FOR ATTENDANCE
AT THE 2004 ADVANCED INSTITUTE FOR ELECTED MUNICIPAL OFFICIALS.
Mayor Walters presented Commissioner Price and Commissioner Stacey with a Certificate of Completion
for attendance at the 2004 Advanced Institute for Elected Municipal Officials.
IV. NON-SCHEDULED CITIZEN COMMENTS
Mike Fufidio, 205 Second Avenue address the Town Commission regarding his concern that the
Town Manager did not hire the candidate the panel of 17 people selected for the Town’s Chief of Police.
Town Manager Higginbotham addressed Mr. Fufidio regarding his selection of Chief of Police and advised
that the decision of who to hire as Chief of Police was his.
Vice Mayor Guglietta requested a 5 minute break at 8:40 p.m. and the meeting was called back to
order at 8:46 p.m.
Robert Gauthier, 410 Sunset Boulevard commented that he is a volunteer with the Melbourne Beach
Fire Department and is appreciated by the Town for this, but when people start expecting volunteers
services, such as filling the fire maintenance position while it is vacant, someone has crossed the line.
Mr. Gauthier commented that this position has been vacant for over a year he has heard that there are
thoughts of deleting the position from the budget. Mr. Gauthier expressed concern regarding volunteers
continuing to fulfill the duties of the position and commented that he would like the position filled. Town
Manager Higginbotham advised that he and the Fire Chief have discussed the budget and the volunteer
fire department and no one has decided to eliminate this position.
V. APPROVAL OF MINUTES: MAY 5, 2004 SPECIAL MEETING,
MAY 5, 2004WORKSHOP AND
MAY 19, 2004 REGULAR MEETING.
Mayor Walters requested that on Page 2, 7th paragraph of the May 5, 2004 workshop, it needs to be
clarified that the agreement between the Town and Fire Department specifically states that any
donations to the Town of Melbourne Beach be used by the Town of Melbourne Beach, not those
given to the Melbourne Beach Volunteer Fire Department, Inc.
Mayor Walters asked that on Page 3, 1st paragraph of the May 19, 2004 regular meeting minutes that
it reflect that he contacted the Department of Environmental Protection and was advised that DEP had
advised another municipal entity that they were not going to fund grants for baffle boxes and Ms.
Adams advised that they had not pre-screened the grants yet and this will be done in the future
to see about this type of grant.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO APPROVE
THE MINUTES OF MAY 5, 2004 SPECIAL MEETING, MAY 5, 2004 WORKSHOP AS
AMENDED AND MAY 19, 2004 REGULAR MEETING AS AMENDED.
VOTE: ALL AYES. MOTION CARRIED.
VI. REPORTS BY ANY TOWN BOARD OR COMMITTEE SUBMITTING A REPORT.
Dave Campbell, Chairman of the Planning and Zoning Board advised that the Board forwarded
Ordinance 2004-02 to the Town Commission along, with some changes, which have been incorporated
in the ordinance for first reading tonight, and the Board is recommending that the Town Commission
approve the ordinance.
Donnie Price, Chairman of the Parks Board reported that Movies in the Park is ongoing and they
canceled the June movie due to lightening being in the area. Town Manager Higginbotham reported
that at the last Parks Board meeting, the Board reviewed a proposal from WFIT regarding the Music
in the Park series and the Board has requested that WFIT minimize advertisement of these activities
and WFIT withdrew their proposal.
VII. CONSENT AGENDA:
A. APPROVAL OF REQUEST BY CITY OF MELBOURNE TO CONTRIBUTE $100 TO THE 2004
COMMUNITY INDEPENDENCE DAY CELEBRATION.
B. APPROVAL OF AN AGREEMENT BETWEEN THE TOWN OF MELBOURNE BEACH AND
STATE ATTORNEY’S OFFICE REGARDING THE PROSECUTION OF MUNICIPAL ORDINANCE
VIOLATIONS.
C. APPROVAL OF PURCHASE OF A PATROL VEHICLE FOR THE POLICE DEPARTMENT.
COMMISSIONER STACEY MOVED, SECOND VICE MAYOR GUGLIETTA TO APPROVE CONSENT
AGENDA ITEMS A.-C.
VOTE: ALL AYES. MOTION CARRIED.
D. ACCEPTANCE OF PROPOSAL FROM MELBOURNE BEACH VOLUNTEER FIRE
DEPARTMENT, INC. REGARDING THE LEASE/PURCHASE OF A MINI PUMPER
THROUGH LEASING 2.
Chief Hunter explained that the lease has been approved and this agenda item is for the Town to
approve an agreement between the Melbourne Beach Volunteer Fire Department, Inc. and the Town
because the Corporation is going to give the Town the money to pay for the vehicle, the lease will
still be through Leasing 2, using the same contract. Chief Hunter stated that the leasing rates
have gone up from the rates received on the purchase of the Class A Pumper.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO APPROVE A PROPOSAL
FROM THE MELBOURNE BEACH VOLUNTEER FIRE DEPARTMENT, INC. REGARDING THE
LEASE/PURCHASE OF A MINI PUMPER THROUGH LEASING 2.
VOTE: ALL AYES. MOTION CARRIED.
E. APPROVAL OF REQUEST BY MELBOURNE BEACH VOLUNTEER FIRE DEPARTMENT
FOR THE EXPENDITURE OF FUNDS FROM THE 800 MHZ FUND TO PURCHASE RADIOS
THROUGH COMMUNICATIONS INTERNATIONAL, INC. IN THE AMOUNT OF $4,691.15.
Mayor Walters advised that this funding comes from the 800 MGZ funds that the Town receives from
citations and with every citation issued, $10 of the fine comes back to the Town to be specifically
used for communications such as radios and dispatching. Mayor Walters advised that last year,
the fund had $100,000 in it and the Police Department used some of these funds for new digital
radios for the patrol cars. Chief Hunter advised that these radios are for the new pumper, which
the Town will be taking delivery on this coming Tuesday.
COMMISSIONER PRICE MOVED, SECOND VICE MAYOR GUGLIETTA TO APPROVE THE REQUEST
BY MELBOURNE BEACH VOLUNTEER FIRE DEPARTMENT FOR THE EXPENDITURE OF FUNDS
FROM THE 800 MHZ FUND TO PURCHASE RADIOS THROUGH COMMUNICATIONS INTERNATIONAL, INC.
IN THE AMOUNT OF $4,691.15.
VOTE: ALL AYES. MOTION CARRIED.
F. APPROVAL OF PAYMENT OF CHANGE ORDER #13 REGARDING THE SECURITY
SYSTEM FOR THE MUNICIPAL COMPLEX.
Vice Mayor Guglietta advised that this change order was dated September 23, 2003 and asked why
this was not presented to the previous Town Commission for approval? Town Manager Higginbotham
responded that he cannot say why this was not done last September, but it was brought up during a
walk-through inspection of the municipal complex. He advised that all others present at the walk
through were familiar with the change order.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO APPROVE CHANGE
ORDER #13 IN THE AMOUNT OF $4,400.69 REGARDING THE SECURITY SYSTEM FOR THE
MUNICIPAL COMPLEX.
VOTE: ALL AYES. MOTION CARRIED.
VIII. OLD BUSINESS: APPOINTMENTS TO THE PLANNING AND ZONING BOARD. (TABLED MAY 19, 2004)
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER WILSON TO REMOVE THIS ITEM FROM
THE TABLE FOR ACTION.
VOTE: ALL AYES. MOTION CARRIED.
COMMISSIONER PRICE MOVED THAT SHERRI QUARRIE BE REAPPOINTED TO THE PLANNING AND
ZONING BOARD.
THE MOTION DIES FOR LACK OF A SECOND.
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER WILSON APPOINT ALTERNATE MEMBER #1
COLLIN CAMPBELL AND ALTERNATE #2 MEMBER MIKE KING AS REGULAR MEMBERS ON THE PLANNING
AND ZONING BOARD.
VOTE: ALL AYES. MOTION CARRIED.
Commissioner Stacey advised that he would like to see Mike West as a regular member on the Planning
and Zoning Board and alternate members to be Gail Gowdy and Charles Tennant. Mayor Walters advised
that he would like Gail Gowdy as a regular member on the board. Commissioner Price stated that we
tabled this agenda item and went to community and asked the community for interest in serving on
these boards. He advised that he raised this issue before because there was a motion at the last
meeting to appoint the same person on the Planning and Zoning Board and the Board of Adjustment,
and these boards work closely in terms of what they do. Mayor Walters stated that one of the issues
he campaigned on was making sure that our height would never go over 28 foot again and that the
Planning and Zoning Board will work together to insure this and Ms. Gowdy goes to all meetings
and is versed in the Town Code. Commissioner Wilson stated that Mike West has made a sacrifice
for the 28 foot height limit and should be a regular member. Vice Mayor Guglietta agreed that he
would like to see Mike West as a regular member with Dr. Frank Cariou and Gail Gowdy as alternate
members.
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER WILSON TO APPOINT MIKE WEST AS
A REGULAR MEMBER TO THE PLANNING AND ZONING BOARD WITH A TERM JUNE 30, 2004 THROUGH
JUNE 30, 2007.
VOTE: COMMISSIONER STACEY, AYE. COMMISSIONER WILSON, AYE. COMMISSIONER GUGLIETTA, AYE.
COMMISSIONER PRICE, NAY. MAYOR WALTERS, NAY.
MOTION CARRIED.
VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER PRICE THAT DR. CARIOU BE APPOINTED
TO THE PLANNING AND ZONING BOARD IN THE ALTERNATE #1 POSITION.
VOTE: VICE MAYOR GUGLIETTA, AYE. COMMISSIONER PRICE, AYE. COMMISSIONER STACEY, NAY.
COMMISSIONER WILSON, NAY. MAYOR WALTERS, NAY. MOTION DEFEATED.
Mayor Walters opened the meeting for public comment regarding these appointments and John Gurecki,
Tom Youngblood and Gail Gowdy introduced themselves and advised how many years they have lived
in Melbourne Beach and why they would like to serve on the board.
COMMISSIONER PRICE MOVED, SECOND MAYOR WALTERS TO APPOINT TOM YOUNGBLOOD
TO THE PLANNING AND ZONING BOARD IN THE ALTERNATE #1 POSITION WITH A TERM
JUNE 30, 2004 THROUGH JUNE 30, 2007.
VOTE: COMMISSIONER PRICE, AYE. VICE MAYOR GUGLIETTA, AYE. MAYOR WALTERS, AYE.
COMMISSIONER WILSON, NAY. COMMISSIONER STACEY, NAY.
MOTION CARRIED.
Mayor Walters passed the gavel to Vice Mayor Guglietta to make a motion.
MAYOR WALTERS MOVED, SECOND COMMISSIONER STACEY TO APPOINT GAIL GOWDY TO THE
PLANNING AND ZONING BOARD IN THE ALTERNATE #2 POSITION WITH A TERM JUNE 30, 2004
THROUGH JUNE 30, 2007.
VOTE: COMMISSIONER STACEY, AYE. COMMISSIONER WILSON, AYE. VICE MAYOR GUGLIETTA, AYE.
MAYOR WALTERS, AYE. COMMISSIONER PRICE, NAY.
MOTION CARRIED.
IX. NEW BUSINESS:
A. DESIGNATION OF A VOTING DELEGATE AT THE ANNUAL CONFERENCE OF THE FLORIDA
LEAGUE OF CITIES.
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER WILSON THAT THE TOWN COMMISSION
DESIGNATE COMMISSIONER PRICE AS THE VOTING DELEGATE AT THE ANNUAL CONFERENCE OF
THE FLORIDA LEAGUE OF CITIES.
VOTE: ALL AYES. MOTION CARRIED.
B. DISCUSSION AND POSSIBLE ACTION REGARDING VOLUNTEER APPOINTMENTS TO
THE VARIOUS TOWN BOARDS.
Mayor Walters asked those in attendance who applied to be appointed to a Town Board to come forward
and introduce themselves. Ken Beckman, 208 Riverside Drive introduced himself and advised that he
was the Melbourne Beach volunteer fire surgeon from 1966 through 1999 and that he would like to
volunteer his time.
VICE MAYOR GUGLIETTA MOVED, SECOND MAYOR WALTERS TO APPOINT DOCTOR BECKMAN TO
THE CODE ENFORCEMENT BOARD IN THE ALTERNATE #1 POSITION WITH A TERM JUNE 30, 2004
THROUGH MAY 14, 2006.
VOTE: ALL AYES. MOTION CARRIED.
COMMISSIONER WILSON MOVED, SECOND VICE MAYOR GUGLIETTA THAT FRANK CARIOU BE
APPOINTED TO THE CODE ENFORCEMENT BOARD IN THE ALTERNATE #2 POSITION WITH A TERM
JUNE 30, 2004 THROUGH FEBRUARY 20, 2005.
VOTE: ALL AYES. MOTION CARRIED.
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER PRICE TO APPOINT SCOTT HEBER TO
THE ENVIRONMENTAL ADVISORY BOARD IN THE ALTERNATE #1 POSITION WITH A TERM JUNE 30,
2004 THROUGH JUNE 30, 2006.
VOTE: ALL AYES. MOTION CARRIED.
VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER PRICE TO APPOINT DORA DOBRIN
TO THE ENVIRONMENTAL ADVISORY BOARD IN THE ALTERNATE #2 POSITION WITH A TERM JUNE
30, 2004 THROUGH JUNE 30, 2006.
VOTE: ALL AYES. MOTION CARRIED.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO APPOINT RYAN BONNER
TO THE WILLIAMS BUILDING AD HOC COMMITTEE WITH A TERM JUNE 30, 2004 THROUGH JUNE 30,
2005.
VOTE: ALL AYES. MOTION CARRIED.
COMMISSIONER PRICE MOVED, SECOND VICE MAYOR GUGLIETTA TO APPOINT LINDA RYDSON,
D.X ROSS, DORA DOBRIN AND JOHN GURECKI TO THE HISTORY PRESERVATION AND ADVISORY
BOARD WITH A TERM JUNE 30, 2004 THROUGH JUNE 30, 2005.
VOTE: ALL AYES. MOTION CARRIED.
COMMISSIONER STACEY MOVED, SECOND VICE MAYOR GUGLIETTA TO APPROVE THE APPOINTMENT
OF JAMES MAGUIRE TO THE POLICE PENSION FUND BOARD OF TRUSTEES WITH A TERM MARCH 2, 2004
THROUGH MARCH 2, 2006.
VOTE: ALL AYES. MOTION CARRIED.
Commissioner Stacey advised that the Town received a notice from the Florida League of Cities requesting
an appointment to the Florida League of Cities Trust Fund and advised that it is important that this be done.
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER PRICE THAT VICE MAYOR GUGLIETTA BE
APPOINTED TO THE FLORIDA LEAGUE OF CITIES TRUST FUND.
VOTE: ALL AYES. MOTION CARRIED.
C. CONSIDERATION OF REAPPOINTMENT OF ROBERT SCHAEFER TO THE
BOARD OF ADJUSTMENT WITH A TERM JUNE 30, 2004 THROUGH JUNE 30, 2007.
VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER PRICE TO REAPPOINT ROBERT
SCHAEFER TO THE BOARD OF ADJUSTMENT WITH A TERM JUNE 30, 2004 THROUGH JUNE 30, 2007.
VOTE: ALL AYES. MOTION CARRIED.
X. PUBLIC HEARING:
A. ORDINANCE 2004-02: AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD
COUNTY, FLORIDA RELATING TO ZONING; MAKING FINDINGS; AMENDING SECTIONS 1A-3, 7A-152(b),
7A-154, 7A-155, 7A-157, 7A-170 AND 7A-171, APPENDIX A, AND SECTION 11-1, TOWN CODE; REVISING
DEFINITIONS; PROVIDING FOR A NEW PLANNING AND ZONING DEPARTMENT; PROVIDING THAT
THE ZONING OFFICIAL SHALL ADMINISTER, INTERPRET AND ENFORCE LAND DEVELOPMENT
CODE CHAPTERS 1A, 2A, 6A, 7A AND 8A, APPENDIX A, TOWN CODE (GENERAL CODE PROVISIONS,
COMPREHENSIVE PLANNING, SUBDIVISIONS, ZONING AND TAKINGS, VESTED RIGHTS, AND DUE
PROCESS); REMOVING SAID POWERS FROM THE BUILDING OFFICIAL; PROVIDING FOR REVIEW
OF THE ZONING OFFICIAL'S DETERMINATIONS BY THE BOARD OF ADJUSTMENT AND PROVIDING
A REVIEW PROCEDURE; REVISING PROCEDURES FOR REHEARING OF DECISIONS BY THE BOARD
OF ADJUSTMENT; PROVIDING FOR A ZONING OFFICIAL; SPECIFYING THE DUTIES OF THE ZONING
OFFICIAL AND REVISING THE DUTIES OF THE BUILDING OFFICIAL; PROVIDING FOR SEVERABILITY
/INTERPRETATION; PROVIDING FOR REPEAL OF ORDINANCES AND RESOLUTIONS INCONSISTENT
HEREWITH; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING)
Town Attorney Gougelman read Ordinance 2004-02 by title and advised that the Planning and Zoning Board
held a public hearing regarding this ordinance and have recommended approval and found it consistent with
the Comprehensive Plan. Mayor Walters stated that this ordinance gives the zoning duties to another
employee other than the Building Official.
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER PRICE TO APPROVE ORDINANCE 2004-02
ON FIRST READING. AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA
RELATING TO ZONING; MAKING FINDINGS; AMENDING SECTIONS 1A-3, 7A-152(b), 7A-154, 7A-155, 7A-157,
7A-170 AND 7A-171, APPENDIX A, AND SECTION 11-1, TOWN CODE; REVISING DEFINITIONS; PROVIDING
FOR A NEW PLANNING AND ZONING DEPARTMENT; PROVIDING THAT THE ZONING OFFICIAL SHALL
ADMINISTER, INTERPRET AND ENFORCE LAND DEVELOPMENT CODE CHAPTERS 1A, 2A, 6A, 7A AND 8A,
APPENDIX A, TOWN CODE (GENERAL CODE PROVISIONS, COMPREHENSIVE PLANNING, SUBDIVISIONS,
ZONING AND TAKINGS, VESTED RIGHTS, AND DUE PROCESS); REMOVING SAID POWERS FROM THE
BUILDING OFFICIAL; PROVIDING FOR REVIEW OF THE ZONING OFFICIAL'S DETERMINATIONS BY THE
BOARD OF ADJUSTMENT AND PROVIDING A REVIEW PROCEDURE; REVISING PROCEDURES FOR
REHEARING OF DECISIONS BY THE BOARD OF ADJUSTMENT; PROVIDING FOR A ZONING OFFICIAL;
SPECIFYING THE DUTIES OF THE ZONING OFFICIAL AND REVISING THE DUTIES OF THE BUILDING
OFFICIAL; PROVIDING FOR SEVERABILITY/INTERPRETATION; PROVIDING FOR REPEAL OF ORDINANCES
AND RESOLUTIONS INCONSISTENT HEREWITH; AND PROVIDING AN EFFECTIVE DATE
VOTE AFTER DISCUSSION:
VOTE: ALL AYES. MOTION CARRIED.
Mayor Walters opened the public hearing for comments.
Gail Gowdy, 215 Ash Avenue asked for clarification regarding appeals and rehearings, the time limit and
who can request these. Town Attorney Gougelman explained this as on Pages 10 and 11 of the ordinance
and advised that this follows State law.
Jason Steele, 701 Pine Street asked who makes the decision if a case will be reheard and the words,
“if at all” in the ordinance is a problem. Town Attorney Gougelman explained the wording, “if at all” is
in the ordinance because under court rules of procedure, the Board of Adjustment loses it jurisdiction
to conduct anything further with the variance after the expiration of the 30 days from the rendition of
the final order.
Ann Downing, 801 Pine Street asked if the Town was adding a new position of Zoning Official? Ms.
Downing was advised that Ed Washburn is the Town Planner and he will also be the Zoning Official.
Sherri Quarrie, 701 Pine Street commented that on Page 6, the Town Planner being the zoning official
is not spelled out in this ordinance at all and there should be qualifications put in the ordinance for this
position. Ms. Quarrie stated that the ordinance represents a Zoning Official as a completely new employee.
Commissioner Wilson asked on Page 3, what concurrency means regarding this ordinance? Town Attorney
Gougelman advised that concurrency is a requirement of State law and it requires that as new development
occurs, certain public services and infrastructure have to be available to serve the impacts of the new
development. He explained that usually they look at such things as parks, roads, water, sewer, solid
waste and drainage. Town Attorney Gougelman stated that Town Code Chapter 3A is reserved for this,
but the Town has not elected to have these procedures as of yet. Commissioner Wilson verified that
on Page 12, the Code Inspector would be the Code Enforcement Officer.
Mayor Walters called for a break at 9:16 p.m. and called the meeting back to order at 9:24 p.m.
B. ORDINANCE 2004-03: AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD C
OUNTY, FLORIDA RELATING TO THE MUNICIPAL JUDICIAL SYSTEM; MAKING FINDINGS;
PROVIDING FOR THE REFERENDUM ELECTION AND BALLOT LANGUAGE; DELETING SECTIONS
4.01, 4.02, 4.03,4.04, 4.05, 4.06 AND 4.07, TOWN CHARTER; SETTING FORTH A TOWN CHARTER
AMENDMENT TO DELETE PROVISION RELATING TO OPERATION OF A MUNICIPAL COURT
SYSTEM WHICH ARE OBSOLETE; DELETING PROVISION FOR A MUNICIPAL COURT SYSTEM,
PARTICIPATION IN COUNTY COURT, DESIGNATION OF A COURT CLERK, ISSUANCE OF WARRANTS,
ARREST WITHOUT WARRANTS, DUTIES OF POLICE OFFICERS, AND DISPOSITION OF MONIES
COLLECTED; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
Vice Mayor Guglietta stated that he was asked by the Town Commission to meet with Town Attorney
Gougelman regarding 2004-03, 2004-06, 2004-07 and 2004-08 and he came back with recommendations
to clarify the ordinances, which included deletions, changes and clarification of some of the language.
Vice Mayor Guglietta stated that these following ordinances and will go on the November 2, 2004 ballot
regarding changes to the Town Charter. Town Attorney Gougelman read Ordinance 2004-03 by title.
Mayor Walters opened the public hearing for comments. There were no public comments.
COMMISSIONER WILSON MOVED, SECOND VICE MAYOR GUGLIETTA TO APPROVE ORDINANCE 2004-03
ON FIRST READING. AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY,
FLORIDA RELATING TO THE MUNICIPAL JUDICIAL SYSTEM; MAKING FINDINGS; PROVIDING FOR THE
REFERENDUM ELECTION AND BALLOT LANGUAGE; DELETING SECTIONS 4.01, 4.02, 4.03,4.04, 4.05,
4.06 AND 4.07, TOWN CHARTER; SETTING FORTH A TOWN CHARTER AMENDMENT TO DELETE
PROVISION RELATING TO OPERATION OF A MUNICIPAL COURT SYSTEM WHICH ARE OBSOLETE;
DELETING PROVISION FOR A MUNICIPAL COURT SYSTEM, PARTICIPATION IN COUNTY COURT,
DESIGNATION OF A COURT CLERK, ISSUANCE OF WARRANTS, ARREST WITHOUT WARRANTS,
DUTIES OF POLICE OFFICERS, AND DISPOSITION OF MONIES COLLECTED; PROVIDING FOR
COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED.
C. ORDINANCE 2004-04: AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD
COUNTY, FLORIDA RELATING TO THE MUNICIPAL JUDICIAL SYSTEM; MAKING FINDINGS;
PROVIDING FOR THE REFERENDUM ELECTION AND BALLOT LANGUAGE; AMENDING
SECTIONS 2.06, 2.12 AND 2.17, TOWN CHARTER; SETTING FORTH A TOWN CHARTER
AMENDMENT CLARIFYING THAT THE SALARY OF INDIVIDUAL COMMISSIONERS, AS
OPPOSED TO THE TOWN COMMISSION, SHALL BE NO MORE THAN 1% OF THE TOWN
BUDGET; DELETING THE PROVISION THAT COMMISSIONERS CAN BE COMPELLED BY
OTHER COMMISSIONERS TO ATTEND COMMISSION MEETINGS; AND REPEALING THE
PROVISION THAT THE COMMISSION MAY REMOVE A COMMISSIONER FROM OFFICE
FOR FAILING TO ATTEND A MAJORITY OF THE COMMISSION MEETINGS IN ANY CALANDAR
QUARTER WITHOUT GOOD REASON; PROVIDING FOR COORDINATION WITH THE SUPERVISOR
OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE. (FIRST READING)
Town Attorney read ordinance 2004-04 by title. Mayor Walters opened the public hearing for comments.
Sherri Quarrie, 701 Pine Street commented that this revision gives the Commission the ability to not
show up for work and it looks like each Commissioner will receive a salary of up to 1% of the budget.
Ms. Quarrie asked why the Town Commission is addressing compensation at all because she feels
this ordinance is allowing Town Commission members not to attend meetings and it is okay to have
salary increases individually. Ms. Quarrie commented that the Town Attorney may need to add the
word, “collectively” regarding the Town Commission salaries.
Town Attorney Gougelman explained that if Commission members elect to not show up at meetings,
the voters have the option of recalling them or to not reelect them. Town Attorney Gougelman stated
that Section 2.06 is a clarifying amendment to make it clear that the salary of individual Commission
members will be established by ordinance of the Commission and shall be no greater than 1% of the
annual budget.
Commissioner Stacey commented that the way he reads this ordinance, the 1% of the budget means
1% for each Commissioner, not the Commission as a whole and this needs to be clarified.
Vice Mayor Guglietta commented that our combined salaries are currently less than 1% and by putting
individually no any one Commissioner will receive more than 1%.
The Town Commission asked to clarify the wording to make the 1% salary collectively, not individually.
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER WILSON TO APPROVE ON FIRST READING,
WITH AN AMENDMENT TO CLARIFY THE SALARY AS NOT TO EXCEED 1% OF THE BUDGET FOR THE
ENTIRE COMMISSION AND NOT INDIVIDUAL COMMISSION MEMBERS, ORDINANCE 2004-04, AN ORDINANCE
OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO THE MUNICIPAL
JUDICIAL SYSTEM; MAKING FINDINGS; PROVIDING FOR THE REFERENDUM ELECTION AND BALLOT
LANGUAGE; AMENDING SECTIONS 2.06, 2.12 AND 2.17, TOWN CHARTER; SETTING FORTH A TOWN
CHARTER AMENDMENT CLARIFYING THAT THE SALARY OF INDIVIDUAL COMMISSIONERS, AS
OPPOSED TO THE TOWN COMMISSION, SHALL BE NO MORE THAN 1% OF THE TOWN BUDGET;
DELETING THE PROVISION THAT COMMISSIONERS CAN BE COMPELLED BY OTHER COMMISSIONERS
TO ATTEND COMMISSION MEETINGS; AND REPEALING THE PROVISION THAT THE COMMISSION MAY
REMOVE A COMMISSIONER FROM OFFICE FOR FAILING TO ATTEND A MAJORITY OF THE COMMISSION
MEETINGS IN ANY CALENDAR QUARTER WITHOUT GOOD REASON; PROVIDING FOR COORDINATION
WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED.
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER WILSON TO EXTEND THE MEETING UNTIL
10:30 P.M.
VOTE: ALL AYES. MOTION CARRIED.
D. ORDINANCE 2004-05: AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD
COUNTY, FLORIDA RELATING TO FINANCIAL PROCEDURES; MAKING FINDINGS; PROVIDING
FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE; REPEALING SECTION 8.03, TOWN
CHARTER; AMENDING SECTION 8.09, TOWN CHARTER; REPEALING A PROVISION PROVIDING
WHEN AND HOW PUBLIC HEARINGS WILL BE HELD ON THE BUDGET; AMENDING SECTION
8.09, TOWN CHARTER, AS TO WHO SIGNS TOWN CHECKS; PROVIDING FOR COORDINATION
WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
Town Attorney Gougelman read Ordinance 2004-05 by title and stated that Section 200.065, Florida
Statues provides how municipalities are to adopt their budgets and there is a rule of statutory interpretation
that says when the State Legislature has provided how things will be done, any ordinance or Charter
provision of a municipality is void and must yield to that provision.
Vice Mayor Guglietta stated that the Charter requires that two (2) Commissioners and the Town Manager
sign the checks and it could mean that all three people will be required to sign a check, currently there
are two (2) signature lines.
Sherri Quarrie, 701 Pine Street commented that she is concerned about the ordinance deleting Section
8.03 and suggested referencing the Florida Statutes here rather than deleting it.
COMMISSIONER STACEY MOVED, SECOND VICE MAYOR GUGLIETTA TO APPROVE ON FIRST READING,
ORDINANCE 2004-05 AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY,
FLORIDA RELATING TO FINANCIAL PROCEDURES; MAKING FINDINGS; PROVIDING FOR A REFERENDUM
ELECTION AND BALLOT LANGUAGE; REPEALING SECTION 8.03, TOWN CHARTER; AMENDING SECTION
8.09, TOWN CHARTER; REPEALING A PROVISION PROVIDING WHEN AND HOW PUBLIC HEARINGS WILL
BE HELD ON THE BUDGET; AMENDING SECTION 8.09, TOWN CHARTER, AS TO WHO SIGNS TOWN C
HECKS; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED.
E. ORDINANCE 2004-06: AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD
COUNTY, FLORIDA RELATING TO THE TOWN COMMISSION; MAKING FINDINGS; PROVIDING
FOR A REVERENDUM ELECTION AND BALLOT LANGUAGE; AMENDING SECTIONS 2.08 AND
2.11 AND REPEALING SECTION 2.10, TOWN CHARTER; SETTING FORTH A TOWN CHARTER
AMENDMENT REPEALING THE PROVISION REQUIRING THE ASSIGNMENT OF COMMISSION
RESPONSIBILITIES AFTER AN ELECTION; CLARIFYING THAT A VICE MAYOR SUCCEEDING
TO THE OFFICE OF MAYOR DUE TO A VACANCY IN THAT OFFICE DOES SO TEMPORARILY
AND RETURNS TO HIS POSITION AS A COMMISSIONER UPON ELECTION OF THE NEW
MAYOR; AND BY PROVIDING THAT ONE, AS OPPOSED TO TWO, COMMISSIONERS MAY
CALL A SPECIAL MEETING; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF
ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE. (FIRST READING)
Town Attorney Gougelman read Ordinance 2004-06 by title.
Mayor Walters opened the public hearing to public comment. There were no comments.
COMMISSIONER STACEY MOVED, SECOND VICE MAYOR GUGLIETTA TO APPROVE ORDINANCE
2004-06 ON FIRST READING AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD
COUNTY, FLORIDA RELATING TO THE TOWN COMMISSION; MAKING FINDINGS; PROVIDING FOR A
REFERENDUM ELECTION AND BALLOT LANGUAGE; AMENDING SECTIONS 2.08 AND 2.11 AND
REPEALING SECTION 2.10, TOWN CHARTER; SETTING FORTH A TOWN CHARTER AMENDMENT
REPEALING THE PROVISION REQUIRING THE ASSIGNMENT OF COMMISSION RESPONSIBILITIES
AFTER AN ELECTION; CLARIFYING THAT A VICE MAYOR SUCCEEDING TO THE OFFICE OF
MAYOR DUE TO A VACANCY IN THAT OFFICE DOES SO TEMPORARILY AND RETURNS
TO HIS POSITION AS A COMMISSIONER UPON ELECTION OF THE NEW MAYOR; AND BY
PROVIDING THAT ONE, AS OPPOSED TO TWO, COMMISSIONERS MAY CALL A SPECIAL
MEETING; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED.
F. ORDINANCE 2004-07: AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD
COUNTY, FLORIDA RELATING TO ETHCIS OF TOWN OFFICERS AND EMPLOYEES; MAKING
FINDINGS; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE; AMENDING
SECTION 3.11, TOWN CHARTER TO PROVIDE THAT A TOWN COMMISSIONER MAY BE
CENSURED BY THE TOWN COMMISSION IF FOUND GUILTY BY THE FLORIDA ELECTIONS
COMMISSION OF VIOLATING THE FLORIDA ELECTION CODE OR IMPLEMENTING RULES,
OR IF FOUND GUILTY BY THE FLORIDA COMMISSION ON ETHICS OF VIOLATING THE CODE
OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES OR IMPLEMENTING RULES; PROVIDING
FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
Town Attorney Gougelman read Ordinance 2004-07 by title. Mayor Walters opened the public hearing
to public comments. There were no comments.
Vice Mayor Guglietta stated that this ordinance revision will add a paragraph (i.) which will allow the
Town Commission to censure any Town Commission member who violates the law.
Commissioner Price asked what the practical effect is of the Town Commission censuring one of its
members? Town Attorney Gougelman responded it is basically a public statement. Commissioner
Price responded that it would be similar to a slap on the wrist.
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER WILSON TO APPROVE ON FIRST
READING ORDINANCE 2004-07 AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD
COUNTY, FLORIDA RELATING TO ETHICS OF TOWN OFFICERS AND EMPLOYEES; MAKING FINDINGS;
PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE; AMENDING SECTION 3.11,
TOWN CHARTER TO PROVIDE THAT A TOWN COMMISSIONER MAY BE CENSURED BY THE TOWN
COMMISSION IF FOUND GUILTY BY THE FLORIDA ELECTIONS COMMISSION OF VIOLATING THE
FLORIDA ELECTION CODE OR IMPLEMENTING RULES, OR IF FOUND GUILTY BY THE FLORIDA
COMMISSION ON ETHICS OF VIOLATING THE CODE OF ETHICS FOR PUBLIC OFFICERS AND
EMPLOYEES OR IMPLEMENTING RULES; PROVIDING FOR COORDINATION WITH THE
SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED.
G. ORDINANCE 2004-08: AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD
COUNTY, FLORIDA RELATING TO TERMS OF TOWN COMMISSIONERS; MAKING FINDINGS;
PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE; AMENDING SECTION
2.03, TOWN CHARTER, TO PROVIDE THAT NO INDIVIDUAL SHALL SERVE MORE THAN TWO (2)
CONSECUTIVE THREE (3) YEAR TERMS AS A TOWN COMMISISONER OR TWO (2) CONSECUTIVE
THREE (3) YEAR TERMS AS MAYOR; PROVIDING EXCEPTIONS; PROVIDING FOR COORDINATION
WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE. (FIRST READING)
Town Attorney Gougelman read Ordinance 2004-08 by title. Mayor Walters opened the public hearing
to public comment.
Ann Downing, 801 Pine Street commented that it is her understanding that the ordinances need to
be read two (2) times and then they go to the voters. The Town Commission advised that this is correct.
Commissioner Guglietta asked that if he runs for the Mayor seat and gets that seat, can he keep running
for Mayor, then Commissioner, then Mayor, then Commissioner? Town Attorney Gougelman stated that
he gets two (2) terms as Commissioner and two (2) terms as Mayor. Mayor Walters stated that he could
run twice for Commissioner and win and then run for Mayor and win and then he could run for Commissioner
again.
Commissioner Price commented that he does not believe that term limits is a good idea because he believes
that the electorate have the right to keep electing who they want in
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER WILSON TO APPROVE ON FIRST READING
ORDINANCE 2004-08, AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY,
FLORIDA RELATING TO TERMS OF TOWN COMMISSIONERS; MAKING FINDINGS; PROVIDING FOR A
REFERENDUM ELECTION AND BALLOT LANGUAGE; AMENDING SECTION 2.03, TOWN CHARTER, TO
PROVIDE THAT NO INDIVIDUAL SHALL SERVE MORE THAN TWO (2) CONSECUTIVE THREE (3) YEAR
TERMS AS A TOWN COMMISSIONER OR TWO (2) CONSECUTIVE THREE (3) YEAR TERMS AS MAYOR;
PROVIDING EXCEPTIONS; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
VOTE: COMMISSIONER STACEY, AYE. COMMISSIONER WILSON, AYE. VICE MAYOR GUGLIETTA, AYE.
MAYOR WALTERS, AYE. COMMISSIONER PRICE, NAY.
MOTION CARRIED.
H. RESOLUTION NO. 735: A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD
COUNTY, FLORIDA AMENDING SECTION 5. OF RESOLUTION NO. 709 WHICH SETS FORTH THOSE
ORGANIZATIONS THE TOWN COMMISSION HAS CATEGORIZED AS EXEMPT FROM PAYING AN
HOURLY FEE AND DAMAGE DEPOSIT FOR USE AND RENTAL OF THE MELBOURNE BEACH
COMMUNITY CENTER AND PAVILION IN RYCKMAN PARK; PROVIDING AN EFFECTIVE DATE.
Town Attorney Gougelman read Resolution No. 735 by title. Mayor Walters opened the public hearing
to public comment. There were no comments.
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER WILSON TO ADOPT RESOLUTION NO. 735
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AMENDING
SECTION 5. OF RESOLUTION NO. 709 WHICH SETS FORTH THOSE ORGANIZATIONS THE TOWN
COMMISSION HAS CATEGORIZED AS EXEMPT FROM PAYING AN HOURLY FEE AND DAMAGE
DEPOSIT FOR USE AND RENTAL OF THE MELBOURNE BEACH COMMUNITY CENTER AND
PAVILION IN RYCKMAN PARK; PROVIDING AN EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED.
XI. REPORTS:
A. TOWN ATTORNEY
There was no Town Attorney report.
B. TOWN MANAGER
Town Manager Higginbotham reported that the Public Works Director will be retiring on July 30th
and the new Police Chief, David Syrkus began working with the Town on June 14, 2004.
The Building Official resigned effective June 11, 2004 and the Building Official from the Town of Indialantic
is filling in at the present time.
Town Manager Higginbotham reported that we are in the process of updating and replacing the old
photographs on the website. He reported that the impact on the Town if the Homestead exemption is
changed from $25,000 to $50,000 would result in a revenue loss of $129,000 and the Debt Service
Fund revenue loss would be about $10,000. Town Manager Higginbotham reported that he looked
into the janitorial service providing cleaning service for the public rest rooms and advised that he will
need to put out a request for proposals to include public restrooms. He reported that the maintenance
of the grass strip of the right-of-way at Sunset Boulevard and Oak Street is now being maintained by
the Public Works Department when Bicentennial Park is mowed. Town Manager Higginbotham
reported that the Friendly Toast has permit for a walk-in freezer. He reported that he met with the
president of the Melbourne Beach Volunteer Fire Department, Inc. to review the agreement and the
next step will be to get with the Town Attorney to draft a new agreement, based on the concerns
expressed by all parties. Town Manager Higginbotham reported that he has requested a proposal
to replace the community bulletin board and the style will be consistent with the oval signs on the
new facility and suggested that it be constructed in the small grassy area between the sidewalk
and parking area in front of the Fire Department. Town Manager Higginbotham reported there has
been an interest in getting a left-turn stacking lane at traffic signal and the County is preparing
drawings and approval from the Florida Department of Transportation to use 11 foot lanes and
they are working on cost estimates for re-stripping within 60 days. He reported that the new
Building Official has suggested code requirements for the permitting and construction of boat
docks and requested to work with the Town Attorney to establish these. The Town Commission
requested that he move forward. Town Manager Higginbotham reported that he is requesting
photo identification for elected officials, employees and volunteer fire department members. He
reported that benches have been added on the pier and there are signs posted to use the
cleaning stations for cutting bait, etc. He also reported that the pedway construction will
begin next Tuesday and is estimated to take 120 days to complete and that the project will
begin at the south end of Oak Street.
COMMISSIONER STACEY MOVED, SECOND VICE MAYOR GUGLIETTA TO EXTEND THE MEETING
UNTIL 10:50 P.M.
VOTE: ALL AYES. MOTION CARRIED.
C. TOWN COMMISSION
Vice Mayor Guglietta thanked Town Manager Higginbotham for taking action regarding the pier situations
and that he notice the Town lost Officer Ferguson for unsatisfactory completing his probation.
Commissioner Price complimented Town Manager Higginbotham for correcting a number of issues that
have been hanging on for months and that he is very pleased.
Commissioner Stacey complimented Town Manager Higginbotham on his responses to the Town
Commissioner’s concerns. He referred to an unsigned complaint received regarding a boat on Fifth
Avenue parked in the yard. Town Manager Higginbotham responded that the boat is at 406 Fifth
Avenue and is behind the front building line and not a violation of the Town Code.
Commissioner Wilson thanked Town Manager Higginbotham for moving forward so quickly on requests
of the Town Commission. Commissioner Wilson stated that there are areas of draft ordinances that get
changed and asked Town Attorney Gougelman to contact the Town Manager regarding conversations
he has with others regarding requests for changes to the height and building official ordinance. Commissioner
Wilson commented that the kiosk at the pier could be used by the new historic board.
Mayor Walters complimented the Town Manager on his selection of a new Chief of Police and that he
handled the process well by going to the individuals and interviewing the applicants and appreciated the
fact that the Town Commission was the first to know his selection. Mayor Walters stated that Chief
Syrkus had already addressed the complaints regarding speeding on Oak Street. The Police Chief
had a radar trailer put on the side of the road and an unused patrol car sitting in the Republic Bank
parking lot to help slow people down. Mayor Walters reported that Chief Syrkus saved the Town
almost $6,000 on the price of a new patrol car. Mayor Walters reported that he spent the afternoon
at the Sebastian Inlet Tax District and they are probably the most unappreciated volunteer board in
the entire county and they are doing a wonderful job and the members really care about what they
are doing. Mayor Walters reported that he and Vice Mayor Guglietta attended a one-day seminar
about how to select Town Board members. Mayor Walters asked Town Manager Higginbotham to
update the Town Commission regarding the Boomerang grant. Town Manager Higginbotham
reported that the appraisals are not done yet, but, we have the confidentiality agreements signed,
and once the appraisals are done, the Town will get the “boiler plate” management plan and have
90 days to complete this. Mayor Walters stated that there was a complaint regarding a church
next to the Chevron Station and Town Manager Higginbotham responded that certified mail was
sent, but has not been accepted and we are waiting for the certified mail to return to Town Hall
and then we will have the Police Department deliver the documents. There is a church there
and the Town will go through the process regarding this violation. Mayor Walters reported that
Fire Department’s sign is in the right-of-way and it needs to be moved. Town Manager Higginbotham
reported that he is getting a quote for a new sign for the Fire Department and it will be placed in the
proper location. Mayor Walters complimented the Town on the last newsletter that was sent out
to the residents. Mayor Walters reported that he and Commissioner Price attended the Space Coast
League of Cities dinner and met the Brevard Legislative Delegation.
D. GENERAL COMMISSION DISCUSSION (TIME PERMITTING)
There was no general Commission discussion.
XII. ADJOURNMENT
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER PRICE TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The regular meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 10:53 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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