TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - Regular Meeting

WEDNESDAY
July 20,  2005
6:30 p.m.
COMMUNITY CENTER

The Town Commission of the Town of Melbourne Beach, Florida met in regular session in the Community Center, 509 Ocean 
Avenue, on Wednesday, July 20, 2005 beginning at 6:30 p.m.

Present:

Mayor Stacey
Vice Mayor Wilson
Commissioner Guglietta 
Commissioner Price
Commissioner Walters

Others Present:  

Town Attorney Paul Gougelman
Town Manager W. D. Higginbotham
Interim Town Clerk Karan Rounsavall

Mayor Stacey called the meeting to order and offered the invocation. The entire assembly recited the Pledge of Allegiance to the Flag.

At this time Mayor Stacey read a letter of commendation for Police Officer Mike Dobson for his heroic efforts in saving and protecting 
the life of a town resident on June 27, 2005. The Town Commission joined the mayor in congratulating Officer Dobson for his courage 
and outstanding performance.

Returning to the regular order of business, Commissioner Price moved to approve the minutes of regular meeting June 15, 2005 
and special meetings June 16, 2005, June 18, 2005 and July 6, 2005. Vice-Mayor Wilson seconded the motion and it carried 
unanimously.

Consent Agenda Vice-Mayor Wilson moved to approve consent items A and B in accordance with the following 
recommendations:

A.      Advisability to proceed with amendment to Land Development Code by clarifying that the Town’s approval for coastal 
         construction variances was required prior to an applicant proceeding with the Florida Department of Environmental Protection 
         permit application. Recommendation: Direct town planner to review requested amendment and provide recommendations as 
         to ordinance language.

B.      Residential site plan review for 412 River View Lane as requested by Jerome and Christine Pepin. Recommendation: The 
         Planning and Zoning Board recommended approval at its July 11, 2005 meeting. There were no outstanding issues.

Commissioner Guglietta seconded the motion and it carried unanimously.

Presentations by Special Guests  Debbie Bradley of the accounting firm of Hoyman, Dobson & Company presented the Town’s 
financial statements for the fiscal year ended September 30, 2004. In the firm’s opinion, the financial statements presented fairly, 
in all material respects, the respective financial position of the governmental activities, each major fund, and the aggregate remaining 
fund information for the Town of Melbourne Beach, as of September 30, 2004, and the respective changes in financial position thereof 
for the year then ended in conformity with accounting principles generally accepted. The firm rendered an unqualified opinion based 
on the audit of these financial statements finding no material weaknesses. The statements were presented in a new financial reporting 
model as required by the provisions of GASB Statement No. 34 providing for full accrual of depreciation, fixed assets, and debt. The 
unreserved, undesignated fund balance as of September 30, 2004 was $928,192.

The firm also provided a report on internal control over financial reporting and on compliance and other matters based on an audit 
of financial statements performed in accordance with Government Auditing Standards. In the Independent Auditors’ Management 
Letter, the following matters were noted: (1) expenditures exceeded appropriations by $32,000; (2) deficit in Capital Projects Fund; 
(3) lack of a written capitalization policy for fixed assets; (4) lack of a Board of Trustees for the General Employees’ Pension Plan; 
and (5) lack of Local Government Investment Policies in compliance with Florida Statutes Section 218.415. Management’s response 
to each of these findings was noted as well. The status of these findings and activities to remedy same would be investigated in the 
following year.

Ms. Bradley concluded her presentation by commending the Town’s accounting staff for its excellent work.

Non-Scheduled Citizen Comments Stan Budesa of 503 Magnolia Avenue reported an ongoing problem at his residence with water 
flooding the driveway. Now the situation seemed out of control. He was disappointed with what he perceived to be a lack of 
responsiveness from the town on this matter. The storm drain in front of his house had never been dredged and he felt that it was 
clogged with sludge, sand, etc. Other residents were experiencing similar problems. Mr. Budesa also asked about code enforcement 
issues. He did not feel that it was appropriate to call the police department for excessive vehicles parked in his driveway on weekends.

Terry Block of 310 Sixth Avenue also reported drainage problems in the vicinity of her residence. Town Manager Higginbotham 
responded as to both drainage complaints. The sum of $150,000 was budgeted for stormwater repairs. A newly hired engineering 
firm was working on a stormwater plan as well as concerns with the St. Johns River Water Management District (SJRWMD) related 
to the Pedway project. He advised that the stormwater outfall on Sixth Avenue was deliberately plugged to prevent discharge into 
the Indian River Lagoon. St. John’s permission would be needed before the stormwater outfall could be reopened. Commissioners 
suggested that the town manager contact Brevard County to have the camel truck pump out the storm drains, particularly at 
503 Magnolia Avenue. Commissioners were also concerned that town staff provide timely response to residents and obtain some 
relief for these problems as quickly as possible. It was noted that a quick fix might not be available as it was possible that the storm 
drains were collapsed.

Jay Gurecki expressed little confidence that anything would be done to remedy the drainage problems in a timely fashion and asked 
who held financial responsibility and when an overall stormwater plan would be available for review. The town manager indicated that 
he would contact the county for assistance with the camel truck the following day. Grant applications to assist with stormwater repairs 
were pending with the Florida Department of Community Affairs, however, receipt of funds was not guaranteed.

Tom Shaw did not feel that the Town Commission should tamper with its Charter by introducing height limitations and rezoning. For 
way too long, the Town of Melbourne Beach had struggled with height issues which was now holding back progress and preventing 
other more important issues in the community from being addressed. He saw Melbourne Beach as a two-story residential community 
and felt this should be adequate guidance for building standards. He urged the Town Commission to utilize its Planning and Zoning 
Board for guidance and to allow variances to height where appropriate.

Boards and Committees Joy Campbell of the Parks Board reported on upcoming activities, including a swing dance on September 24, 
2005. She advised that the Parks Board was meeting on July 21st to address its budget for the ensuing fiscal year. She reminded 
staff of the need for fresh sand at the volleyball courts at Ocean Park.

Mike King of the Planning and Zoning Board reviewed action taken at the Board’s July 11, 2005 meeting. Discussion items included 
skateboard ramps in residential districts, chimney heights, Comprehensive Plan updates, and lot assemblage issues.

Martha Remark of the Historical Preservation and Awareness Board asked that the Town Commission consider either making the 
board permanent or extending its term through 2006. Presently, the Board was to sunset in December 2005. Linda Rydson, also 
of the Historical Board, related the Board’s recommendation that the post office replica be relocated to an unused portion of 
Ryckman Park and showed an illustration of the proposal.

Public Hearings First was Ordinance No. 1-2005 setting forth a referendum election and ballot language for the November 8, 2005 
general election to amend the Town Charter by providing no property within the town shall be rezoned without approval of the 
electorate. The Planning and Zoning Board, acting as the Local Planning Agency, recommended approval on a three yes, two no 
vote at its regular meeting on June 6, 2005. (Note: This ordinance was tabled at the Town Commission’s June 15, 2005 meeting.)

Attorney Gougelman read ORDINANCE NO. 1-2005 OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA 
RELATING TO ZONING; MAKING FINDINGS; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE; CREATING 
SECTION 6.06, TOWN CHARTER, TO PROVIDE THAT NO PROPERTY WITHIN THE TOWN SHALL BE REZONED FROM ONE 
ZONING DISTRICT TO ANOTHER ZONNG DISTRICT WITHOUT REFERENDUM APPROVAL OF THE TOWN ELECTORATE; 
PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND 
PROVIDING FOR AN EFFECTIVE DATE by title only.

Commissioner Walters moved to adopt Ordinance No. 1-2005. Commissioner Guglietta seconded the motion.  Discussion ensued 
among the commission. Commissioner Price did not feel that the Town Charter was the appropriate place to regulate height and 
zoning decisions. In his opinion, the Commission was tampering in an area that it might one day regret. He would be voting 
against both of these ordinances. Mayor Stacey indicated his agreement with Commissioner Price, however, because he felt 
that it was the will of the people that such matters be included in the Charter, he would be voting in favor. Commissioner Walters 
trusted the people to make decisions; accordingly, he would be voting in favor. He clarified that the Commission’s action this 
evening was simply to place the question on the November ballot. If the citizens did not vote for approval, the provision would 
not be in the Charter. Member Guglietta and Vice-Mayor Wilson also indicated their support for the ordinance.

Mayor Stacey opened the public hearing. Arthur Belafont, Mike Lesser, and Alice Graham spoke in favor of the ordinance. No 
one else wished to speak and the public hearing was closed.

The motion to adopt Ordinance No. 1-2005 carried with Commissioner Price voting no.

At this time, the Town Commission welcomed State Representative Mitch Needleman who provided an update on the recently 
adjourned legislative session. Representative Needleman reviewed issues such as budget, growth management and concurrency, 
transportation, education, drinking water, health care, insurance, environmental protection, tax relief, etc. The representative went 
on to respond to questions from Police Chief David Syrkus relating to the distribution formula used by the Brevard County Clerk 
of Court for traffic fines. The chief also advised that Brevard law enforcement agencies supported the replica hand gun bill.

The meeting recessed at 8:30 and reconvened at 8:37 p.m.

Next was the final public hearing on Ordinance No. 2-2005 amending Land Development Code by expanding the definition of a 
“bed and breakfast” establishment by specifically excluding resort condominiums and time-shares. The Planning and Zoning 
Board recommended approval at its July 11, 2005 regular meeting.

Attorney Gougelman read ORDINANCE NO. 2-2005 OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA 
RELATING TO ZONING; MAKING FINDINGS; AMENDING SECTIONS 1A-3, 7A-36, AND 7A-50, APPENDIX A, TOWN CODE; 
PROVIDING DEFINITIONS FOR BED AND BREAKFAST INN, HOTEL AND MOTEL; PROVIDING THAT BED AND BREAKFAST 
INNS ARE A CONDITIONAL USE IN THE 6-B ZONING DISTRICT PERMITTED BY SPECIAL EXCEPTION; PROVIDING 
OFF-STREET PARKING REQUIREMENTS FOR A BED AND BREAKFAST INN; PROVIDING FOR SEVERABILITY
/INTERPRETATION; PROVIDING FOR REPEAL OF ORDINANCES AND RESOLUTIONS INCONSISTENT HEREWITH; 
AND PROVIDING AN EFFECTIVE DATE by title only.

Mayor Stacey opened the public hearing. Linda Rydson spoke in favor and asked that the reference to “Pinky” Brown in the 
third Whereas be changed to “Walter” Brown. No one else wished to speak and the public hearing was closed.

Vice-Mayor Wilson moved for adoption. Commissioner Walters seconded the motion and offered an amendment to change 
“Pinky” Brown to “Walter” Brown. Commissioner Price seconded the amendment. The motion, as amended, carried unanimously.

Old Business The only item was first reading of Ordinance No. 3-2005 setting forth a referendum election and ballot language for 
the November 8, 2005 general election to amend the Town Charter by limiting the height of structures in Melbourne Beach to no 
more than 28 feet (in line with the recently adopted height ordinance). Note: The Town Commission tabled this item upon first 
reading at its June 15, 2005 meeting.

Attorney Gougelman read ORDINANCE NO. 3-2005 OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, 
RELATING TO BUILDING AND STRUCTURE HEIGHT LIMITS; MAKING FINDINGS; PROVIDING FOR A REFERENDUM 
ELECTION AND BALLOT LANGUAGE; CREATING SECTION 6.07, TOWN CHARTER, TO PROVIDE THAT NO STRUCTURE 
OR BUILDING SHALL EXCEED TWENTY-EIGHT FEET IN HEIGHT IN ANY ZONING DISTRICTS; PROVIDING THAT HEIGHT 
SHALL BE CALCULATED AS PROVIDED IN ORDINANCE NO. 2004-01, TOWN OF MELBOURNE BEACH; PROVIDING FOR 
COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR 
AN EFFECTIVE DATE by title only.  Second reading and final public hearing was scheduled for August 17, 2005.

Member Guglietta moved to approve the ordinance upon first reading. Vice-Mayor Wilson seconded the motion.

Attorney Gougelman went on to advise that the ballot language in the proposed ordinance was revised to reflect the changes 
that were requested by the Commission following its July 6, 2005 special meeting. The attorney’s July 13th memorandum to 
the Commission presented two comments with regard to charter amendments. First, the requirement that the ballot language 
not be misleading and that the amendment be clear and concise. In this regard, he questioned the term maximum “overall” 
28-foot height. How would this apply to chimneys or other appurtenances? Secondly, the ballot question referenced Ordinance 
No. 2004-01 (height ordinance). This ordinance did not change the maximum height requirement in the 6-B, 7-C, 8-B, or 9-I 
zoning districts. This in itself presented an internal inconsistency within the Code. He recommended that the Commission 
direct the Planning and Zoning Board to start proceedings to amend the 6-B, 7-C, and 9-I zoning districts to be consistent 
with the height determinations in Ordinance No. 2004-01.

Mayor Stacey opened the public hearing. Mike Lesser stressed that the Town Commission approved the building plans for 
his new home because it met the 28-foot height requirements in Melbourne Beach. While the planning process for his home 
precipitated his interest in the height issue, he was not seeking a change for himself. He was concerned about property 
entitlements and quality of life indicators. The wealth of most individuals was tied up in their homes and he wanted to see 
everyone in Melbourne Beach benefit from that ownership. He conducted a straw ballot as to the height question. Of the 
144 ballots he received, 74 supported the 28-foot height limitation and 70 favored height limits greater that 28 feet. He felt 
that residents should be able to decide what height to which they wanted to restrict their property entitlements rather than 
just voting the 28-foot limit up or down. Dr. Lesser played a tape from the July 6th meeting during which several commissioners 
expressed their personal views on the height issue.

Commissioner Guglietta took this opportunity to explain that he was currently purchasing his present residence from its owner. 
Because he filed bankruptcy a number of years earlier, he was unable to obtain a mortgage at the time he took occupancy. He 
paid the taxes on the property although Brevard County’s records did not show him as the owner.

Alice Graham asked Dr. Lesser about unsigned ballots from his informal poll. Dr. Lesser advised that he only counted signed 
ballots and they were all available for review.

Art Belafont disagreed with Dr. Lesser’s reasoning that height restrictions took away his property rights. He felt that he had nothing 
to lose by placing height restrictions in the Charter. In his opinion, he lost property rights when a large, two-story home was constructed 
next to his home that blocked his view and ultimately increased his taxes.

Martha Remark did not like height restrictions in the charter, particularly without a variance procedure in place. She favored a 
two-story limitation.

Kim Lesser spoke about her family’s efforts to determine what a majority of the residents of Melbourne Beach wanted as it related 
to height. She felt that there should be more concern over unkempt properties. This issue was about respect for differing opinions. 
Ann Lesser felt that if height limitations were placed in the town charter, it would be very difficult to change this in the future.

Lou Fella favored a 28-foot height limitation.

Gail Gowdy supported giving citizens the right to vote to put the height limits in the charter.

No one else wished to speak and the public hearing was closed.

Commissioner Price felt that certain things simply should not be in the charter. Height limitations was one of these. Town ordinances 
already limited residential height to 28 feet.

Commissioner Walters moved to amend the motion to approve the ordinance upon first reading by modifying the form of the ballot 
question and charter language to state in part: “Should the Town adopt a Charter Amendment providing that no structure, including 
parts of attachments to any structure, shall be erected that exceeds a maximum overall height greater than 28 feet, excluding chimneys, 
elevator shafts, antennas, and vents?” Commissioner Price seconded the amendment which carried unanimously.

The main motion, as amended, carried with Commissioner Price voting no.

The only other item of old business was the employment agreement between the Town of Melbourne Beach and W. D. Higginbotham, Jr. 
The town manager’s employment contract had been debated since January 2005. The version presented this evening was approved by 
the Town Commission at its regular meeting on June 15, 2005. In his memorandum to the Commission dated July 13, 2005, Town 
Manager Higginbotham expressed his concern with Paragraph 2.g. which discussed grounds for suspension.

Commissioner Walters moved to eliminate Paragraph 2.g. in its entirety and approve the First Amendment to the Employment 
Agreement with W. D. Higginbotham, Jr. Commissioner Price seconded the motion. Town Manager Higginbotham indicated his 
acceptance of the change. The motion carried unanimously.

New Business The only item was first reading of Ordinance No. 4-2005 creating Chapter 16, Article I, Sections 16-1 through 
16-10 by creating procedures for declaring a civil emergency in the Town of Melbourne Beach.

Attorney Gougelman read ORDINANCE NO. 4-2005 OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, 
RELATING TO CIVIL EMERGENCIES; CREATING CHAPTER 15, ARTICLE I, SECTIONS 16-1 THROUGH 16-10, TOWN CODE; 
PROVIDING DEFINITIONS; SETTING FORTH OFFICIALS AUTHORIZED TO DECLARE A CIVIL EMERGENCY; PROVIDING 
EMERGENCY POWERS AND MEASURES; SETTING THE DURATION AND TERMINATION OF AN EMERGENCY; PROVIDING 
THAT IT SHALL BE UNLAWFUL TO SELL GOODS, SERVICES, OR MATERIALS AT UNCONSCIONABLE PRICES; PROVIDING 
FOR SEVERABILITY AND INTERPRETATION; AND PROVIDING FOR AN EFFECTIVE DATE the first time by title only. Second 
reading and final public hearing was scheduled for August 17, 2005.

Commissioner Price moved to approve upon first reading. Commissioner Guglietta seconded the motion. Pursuant to the proposed 
ordinance, emergencies could be called by the mayor, vice-mayor, or police chief. It was noted that a minor amendment would be 
made prior to the public hearing providing that emergency expenditures were subject to the town manager’s approval and limited to 
a pre-set amount.

The motion carried unanimously.

Commissioner Price commented briefly on recent resignations in the public works department and suggested that an assessment 
of the department’s management might be in order. Since a new worker was just hired, this was now a moot point. Commissioner 
Walters felt that it might be advantageous to hire a handyman type worker.

Town Attorney’s Report Returning to discussion on Ordinance No. 3-2005 relating to height limitations, Attorney Gougelman 
requested direction from the Commission on his recommendation to direct the Planning and Zoning Board to start proceedings 
to amend the 6-B, 7-C, and 9-I zoning districts for consistency with the height determinations in Ordinance No. 2004-01 
(height ordinance). It was the consensus of the Town Commission to provide such direction.

Town Manager’s Report Town Manager Higginbotham reported that the Florida League of Cities agreed to pay 75 percent of 
legal fees incurred for Vice-Mayor Wilson’s defense in the Hamilton litigation up to $25,000. Attorney Gougelman reminded 
the Town Commission of its ordinance providing that if a town official was sued in a personal capacity it would provide legal 
defense for that individual. It was the consensus of the Commission that the town be financially responsible for the remaining 25 
percent of the vice-mayor’s legal fees.

Attorney Gougelman was excused from the meeting at this time.

The manager announced a special meeting on July 27, 2005 for the purpose of setting a tentative millage rate and public hearing 
dates for the proposed budget for Fiscal Year 2005/2006.

As of August 1st, emergency dispatch would be handled by the City of Cocoa rather than Indian Harbor Beach. Dispatch services 
for fire calls would be passed to Brevard County.

Town Commissioners’ Reports Vice-Mayor Wilson asked the town manager to look into potential code violations on Sunset 
Boulevard involving trailers parked in an empty lot, appliances on a front porch, etc.

Commissioner Guglietta noticed that there was no monthly report from the Fire Department. Town Manager Higginbotham advised 
that it was not timely filed.

Commissioner Guglietta was assured that the need for proper permitting by the Parks Board for events held in the Town was 
stressed during the joint meeting held earlier in the month in his absence.

Commissioner Walters asked the status on the bulletin board sign, street beautification grant, and fire department agreement. 
Town Manager Higginbotham responded that Lawandales and Associates was overseeing the beautification grant and that he 
hoped to have the fire department agreement to the commission before the next regular meeting.

Commissioner Walters spoke favorably about repairs/improvements to the Ryckman House and went on to ask the town 
manager to check into the need for a resolution addressing salary increases for the police department.

Commissioner Price received an update on the Pedway project and code enforcement activities from the town manager. The 
town engineer was pursuing an amended work plan which would, in all probability, involve a request at the next meeting to 
replace the exfiltration pipes. At this point, the manager did not have confidence that the Town would receive the stormwater 
grant from the St. Johns River Water Manager District. As to the Code Enforcement Board, the manager reported difficulty in 
retaining an attorney to represent the Board.

Commissioner Price reported that Pat Burke was hired as the new town clerk.

Commissioner Price moved to adjourn the meeting. Commissioner Walters seconded the motion and it carried on an 
all aye vote. The meeting adjourned at 10:27 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.