TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - Special Meeting

WEDNESDAY
July 6,  2005
5:00 p.m.
MASNY ROOM

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The Town Commission of the Town of Melbourne Beach, Florida met in special session on Wednesday, July 6, 2005 in the 
Cynthia Masny Room of Town Hall, 509 Ocean Avenue, beginning at 5 p.m.

Present:

Absent: 

Mayor Stacey
Vice Mayor Wilson
Commissioner Walters
Commissioner Price
Commissioner Guglietta (on vacation)

Others Present:  

Town Manager W. D. Higginbotham
Interim Town Clerk Karan Rounsavall

Mayor Stacey called the meeting to order. The purpose of the meeting was three-fold: (1) to conduct second interviews with 
town clerk applicants; (2) to hold a joint meeting with members of the Parks Board; and (3) to discuss ballot language for the 
height limitation referendum.

Of the four applicants that were originally interviewed for the town clerk position, two were asked to return for second interviews. 
Mayor Stacey welcomed Lenore Milan to the meeting who responded to questions as to why she left previous positions and the 
status of her current position in El Portal. She was currently earning $40,000 and would hope to earn a salary at Melbourne Beach 
in that range. Her availability to start was approximately two weeks.

Pat Burke was the second candidate. When asked about her salary requirements, Mrs. Burke responded that she would like to 
earn something around $35,000. As to her future goals, she wanted to pursue her master’s degree and return to teach at the 
college level. While her availability was immediate, she indicated that she had existing plans for the last two weeks in July.

With the interviews concluded and the applicants excused, the Town Commission discussed the qualifications of both candidates 
including experience, education, team fit, familiarity with Brevard County, and salary requirements. Each commissioner shared 
his personal feelings.

Vice-Mayor Wilson moved to extend a conditional offer of employment to Pat Burke as town clerk at an annual salary of $35,000 
with a full benefit package. Conditions included a background investigation and drug testing. Commissioner Price seconded the 
motion and it carried on an all yes vote.

Interim Town Clerk Rounsavall was directed to extend the employment offer to Mrs. Burke on the Town Commission’s behalf.

The meeting recessed at 5:47 and reconvened at 6:03 p.m.

Vice-Mayor Wilson requested that the Town Commission discuss possible rewording of the ballot question language for the 
height limitation referendum. The Commission first reviewed 
 
Ordinance No. 3-2005 at its regular meeting on June 15, 2005. The vice-mayor provided a memorandum to his fellow commissioners 
dated July 6, 2005 which overviewed the building height limitation in the Town of Melbourne Beach. It was his opinion that a majority 
of citizens strongly favored keeping the long-standing height limit of 28 feet. If the Town Charter was intended to provide a framework 
for government, setting limits on its officials, he felt that it was appropriate to clearly introduce a charter amendment that provided 
for a maximum building height within the Town not to exceed 28 feet. Once in the Charter, height regulations could not be changed 
by a simple vote of three commissioners but would require a more cumbersome vote of the electorate. He went on to summarize 
the form of a referendum question which he felt met the requirements of state law and clearly stated that nothing should be built 
in the air above 28 feet except the chimney, vents and elevator shafts that might extend an additional four feet. There would be 
no variances or exceptions to this height.

While he favored the current height limitation of 28 feet which was written into the Town’s Land Development Code, Commissioner 
Price felt strongly that the height limit should not be a part of the Charter. To him, it was the fundamental issue of what should or 
should not be in the Town’s Charter, and not the height issue. He felt that the Town Commission was elected to represent the will 
of the people; if anything was submitted to the voters in November, it should be whether or not they wished to place height limits 
in their Charter. If such a question was met in the affirmative by a majority of voters, then specific language for such a Charter p
rovision could be drafted and presented to the electorate in a two-step process. Commissioner Price reiterated his feelings several 
times during the discussion on this issue.

Commissioners discussed the ballot language proposed by the vice-mayor. There was some thought that introducing the FEMA 
base flood elevation as methodology for measuring the height was somewhat confusing. Quality of life issues were discussed. If the 
current height limitation of 28 feet was not in effect or somehow changed, someone could build a three-story home next door to a 
one story dwelling thus effectively eliminating one’s privacy. Commissioner Walters favored letting residents decide whether or not 
to place the 28-foot height limitation in the Charter.

Mayor Stacey opened the meeting for comments from the public present. Mike Lesser favored letting residents decide this question 
and clearly understand what they were voting for. Residents needed to understand that they were not voting for condominiums on 
the beach. He objected to reference to the specific 28-foot height limit being a part of the ballot question. As written, he felt that the 
ordinance devalued property as it limited property entitlements. He planned to mail a survey to residents asking their feelings on 
this issue and would provide the results at the next commission meeting.

Vice-Mayor Wilson moved to propose the following language for the ballot question dealing with the height limitation referendum. 
The language would be reviewed by the town attorney prior to being reconsidered by the Town Commission at its July 20, 2005 
regular meeting.

“Should the Town adopt a Charter Amendment providing that no structure, including parts, or attachments to any structure, 
shall be erected that exceeds a maximum overall height greater than twenty-eight (28) feet. Height shall be calculated using 
the definition set forth in Ordinance No. 2004-01, and provisions used herein shall be as defined in the Town land development 
regulations?”

Commissioner Walters seconded the motion and it carried with Commissioner Price voting no.

The meeting recessed at 6:53 and reconvened at 7:05 p.m.

Next was a joint meeting with members of the Town’s Parks Board to discuss budget, relationship, procedures and permitting 
for activities and events in the park, etc. The following members of the Parks Board were present: Chairman Joy Campbell and 
Members Cindy Schuster, Robert Belfalto, Mickey Collins, and Bruce Black.

Vice-Mayor Wilson called for the joint meeting. He wished to discuss recent events in the Park, how to prevent some of the some 
unfortunate procedural mishaps from recurring in the future and how to turn these events into revenue producing activities for the 
Town rather than expenses.

The past two activities organized by the Parks Board in Ryckman Park, Founders Day and the Fourth of July celebration, drew 
large crowds with many attending from outside the Melbourne Beach community. Board members mentioned the success they 
had with booking live bands for events in the Park.  Mayor Stacey preferred that park activities not be advertised in the newspaper 
because visitors from outside the community came to the events for which Melbourne Beach’s taxpayers picked up the tab. 
Vice-Mayor Wilson agreed with keeping park activities out of the local news to the extent possible.

At the request of the Town Commission, Chairman Joy Campbell explained the sequence of events for Pickin’ in the Park, a recent 
event that had caused some concern with the lack of permitting for alcohol sales, merchandise vendors, and sponsorships. The event 
was organized by a former chairperson of the Parks Board and the current board went along with his preparations because of his 
past experience. Ms. Campbell assured the Town Commission that this would not happen again and that permitting would be 
coordinated through the town manager’s office.

The need for planning in advance and better communication was discussed.  The concern of the Town Commission was how the 
events were managed and how they could pay for themselves. Town Manager Higginbotham explained the permitting procedure for 
events in the park and the need for appropriate advance planning in order to organize the necessary law enforcement, etc. It would 
be best if events planned for the year were known at the time of budget preparation. The importance of communicating and 
coordinating with the town manager’s office could not be overemphasized. If alcohol was to be served, the need for police 
protection was greater.

Accounting for the Parks Board was discussed. The Parks Department had a budget of approximately $40,000, however, this 
included life guards on the beaches during the summer months. Members of the Parks Board expressed a need to receive timely 
detailed information on the status of their budget. Ideas for generating revenue, at least to cover expenses, from events in the 
park was discussed once again. Some suggestions included collecting a percentage of proceeds from vendors who sold food or 
concession items during an event and increased permit fees (perhaps based on the anticipated attendance). If someone wished to 
donate funds for a specific event in the park, this should be noted in the memo section of a check.

Police Chief David Syrkus discussed the importance of planning for all contingencies when it came to events in the park. At the 
Fourth of July celebration, nine officers were on duty; he did not feel this was nearly adequate, however, there was not time to get 
additional officers from neighboring towns. Four officers were patrolling Ryckman Park on foot trying to control a crowd of 4,000 
attendees. Again, advance planning was critical.

Other issues discussed included support from town hall employees, the ability to announce upcoming events in the town’s 
newsletter, the provision of adequate portable toilet facilities at events expected to generate large crowds, and replacement/repair 
of picnic tables in the park.

Vice-Mayor Wilson summarized the commission’s concerns from the foregoing discussion: advance planning of events and 
submitting an agenda to the town manager’s office, identifying those events that would involve alcohol sales, involving law 
enforcement in planning, knowing and following the town’s permitting procedures, controlling costs and creating opportunities 
to generate additional revenues from events in the park.

Mayor Stacey extended his thanks to members of the Parks Board for their volunteer efforts on behalf of the town.

Chairman Campbell mentioned that the volleyball courts at Ocean Park needed more sand. Town Manager Higginbotham would 
take care of this.

Member Price moved to adjourn. Vice-Mayor Wilson seconded the motion and it carried unanimously. The meeting 
adjourned at 8:30 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.