TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - Regular Meeting
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Wednesday
July 21, 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 6:30 p.m. on Wednesday, July 21, 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
Police Chief Syrkus
Fourteen members of the public
Town Clerk Masny
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I. CHANGES TO THE AGENDA.
There were no changes to the agenda.
II. PRESENTATIONS BY SPECIAL GUESTS: MARGUERITA ENGEL, ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT - PRESENTATION OF CEREMONIAL CHECK FOR PEDWAY STORMWATER
IMPROVEMENT PROJECT COST-SHARE PROGRAM.
Ms. Engel of the St. Johns River Water Management District presented a ceremonial check for the Town’s
pedway stormwater improvement project cost-share program in the amount of $60,231.00.
III. NON-SCHEDULED CITIZEN COMMENTS
There were no non-scheduled citizen comments.
IV. APPROVAL OF MINUTES: JUNE 17, 2004 WORKSHOP AND
JUNE 30, 2004 REGULAR MEETING
Vice Mayor Guglietta requested an amendment to paragraph 2 on Page 4 of the June 17, 2004 workshop
minutes and Mayor Walters requested amendments to paragraph 5 on Page 3 and paragraph 1 on Page 4
of the June 17, 2004 workshop minutes. Mayor Walters requested an amendment to paragraph 4 on
Page 18 of the June 30, 2004 regular meeting minutes.
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER PRICE TO APPROVE THE MINUTES OF
JUNE 17, 2004 WORKSHOP AND JUNE 30, 2004 REGULAR MEETING AS AMENDED.
VOTE: ALL AYES. MOTION CARRIED.
V. REPORTS BY ANY TOWN BOARD OR COMMITTEE SUBMITTING A REPORT.
There were no Town Board or Committee reports.
VI. CONSENT AGENDA: TOWN BOARD REAPPOINTMENTS
A. REAPPOINTMENT OF JOY CAMPBELL TO THE PARKS BOARD WITH A TERM
JULY 21, 2004 THROUGH JULY 21, 2006.
B. REAPPOINTMENT OF RITA KARPIE TO THE ENVIRONMENTAL ADVISORY BOARD
WITH A TERM JULY 21, 2004 THROUGH JULY 21, 2006.
C. REAPPOINTMENT OF PHILLIP VENANZI TO THE ENVIRONMENTAL ADVISORY
BOARD WITH A TERM JULY 21, 2004 THROUGH JULY 21, 2006.
COMMISSIONER PRICE MOVED, SECOND VICE MAYOR GUGLIETTA TO APPROVE THE CONSENT
AGENDA AS PRESENTED, REAPPOINT JOY CAMPBELL TO THE PARKS BOARD WITH A TERM
JULY 21, 2004 THROUGH JULY 21, 2006; REAPPOINT RITA KARPIE TO THE ENVIRONMENTAL
ADVISORY BOARD WITH A TERM JULY 21, 2004 THROUGH JULY 21, 2006; AND REAPPOINT
PHILLIP VENANZI TO THE ENVIRONMENTAL ADVISORY BOARD WITH A TERM JULY 21, 2004
THROUGH JULY 21, 2006.
VOTE: ALL AYES. MOTION CARRIED.
The Town Commission requested that all Town Board reappointments be placed on the regular meeting
agenda and not under the consent agenda.
VII. NEW BUSINESS:
A. DISCUSSION AND POSSIBLE ACTION REGARDING TOWN CODE SECTION 7A-52,
POLITICAL SIGN REGULATIONS.
(VICE MAYOR GUGLIETTA)
Vice Mayor Guglietta read the Town’s political sign regulations, “Political signs shall be permitted, but only
during one month immediately preceding an election” and explained that he would like to delete the wording,
“one month immediately preceding an election” from the regulations.
Town Attorney Gougelman explained that there was a Federal District Court decision from the middle district
of Florida, which binds the Town because we are in the middle district of Florida and it is regarding an
unconstitutional finding of the First Amendment, Right of Free Speech. He reported that Indialantic
decided to remove a similar provision from their code and are considering putting it back.
Mayor Walters opened the meeting for comments.
Tom Shaw, 406 Riverside Drive commented that the concept of perpetual politics and perpetual running for
office is getting a little ridiculous and suggested that the Town Attorney look into the code allowing signs
up 30 days prior to an election, without a permit and if someone wants to put a sign up earlier, you need a
permit and the signs meet certain criteria.
Town Attorney Gougelman commented that the Town cannot bar political signs, but it can regulate the
sign size and make regulations that are easily complied with.
VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER WILSON THAT IN REFERENCE TO
ZONING CODE 7A-52 REGARDING POLITICAL SIGNS, REMOVE THE WORDING, “BUT ONLY DURING
ONE MONTH IMMEDIATELY PRECEDING AN ELECTION.”
VOTE: VICE MAYOR GUGLIETTA, AYE. COMMISSIONER WILSON, AYE. COMMISSIONER PRICE, AYE.
MAYOR WALTERS, AYE. COMMISSIONER STACEY, NAY.
MOTION CARRIED.
VIII. PUBLIC HEARING:
A. ORDINANCE 2004-01: AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD
COUNTY, FLORIDA RELATING TO ZONING; MAKING FINDINGS; AMENDING SECTIONS 1A-3, 7A-31,
7A-32 AND 7A-33, 7A-55, 7A-59, AND 7A-136, APPENDIX A, TOWN CODE; AMENDING DEFINITIONS
AND PROVIDING NEW DEFINITIONS; CLARIFYING HOW HEIGHT SHALL BE CALCULATED;
DELETING OBSOLETE LANGUAGE RELATING TO THE CALCULATION OF HEIGHT IN THE 1-RS,
2-RS AND 3-RS ZONING DISTRICTS; AMENDING THE MINIMUM LOT SIZE IN THE 3-RS ZONING
DISTRICT; REVISING THE MINIMUM FLOOR ELEVATION FOR NEW BUILDING CONSTRUCTION;
PROVIDING A LIMITED WAIVER OR REASONABLE ACCOMMODATION REGARDING INCREASED
HEIGHT ABOVE THE MAXIMUM PERMITTED IN CERTAIN INSTANCES; PROVIDING LEGISLATIVE
INTENT; SETTING FORTH A PUBLIC HEARING AND APPEAL PROCESS; PROVIDING ADDITIONAL
DUTIES FOR THE PLANNING AND ZONING BOARD; PROVIDING FOR SEVERABILITY/INTERPRETATION;
PROVIDING FOR REPEAL OF ORDINANCES AND RESOLUTIONS INCONSISTENT HEREWITH; AND
PROVIDING AN EFFECTIVE DATE. (SECOND AND FINAL READING)
Town Attorney Gougelman stated that the Town received a second ordinance and advised that he will read
the title to Ordinance 2004-01 as provided in the meeting packet. Mayor Walters asked for public comment
regarding ordinance 2004-01.
Tom Shaw, 406 Riverside Drive advised that he picked up a copy of the ordinance and now there is another
revision and suggested that the Town Commission table the ordinance.
Jan Guilbeau, 806 Oak Street asked if this discussion is on the second or third revision and if there will be
another revision to this ordinance?
Bruce Black, 508 Ocean Avenue asked if there are substantial changes, does this become first reading of
the new ordinance? Mr. Black was advised that it would be first reading.
Town Attorney Gougelman suggested that if it is the Town Commission’s desire to substitute Commissioner
Wilson’s wording of the ordinance, this could be first reading and second reading could be next month.
Commissioner Price asked Town Attorney Gougelman if he has had a chance to review Commissioner
Wilson’s ordinance? Town Attorney Gougelman responded that there have been so many changes
from the community and Commissioner Wilson has inserted a combination of proposals suggested by
the Town Commission, and community. Town Attorney Gougelman stated that a lot of his embellishments
have been taken out of the ordinance. Town Attorney Gougelman commented that he does not see that
the ordinance will not work and the definition of building height is a question in his mind, but legally it fits
together well and legally it will work.
Vice Mayor Guglietta stated that he has not had a chance to review the third revision to the height ordinance
and stated that he will need time to review it.
Mayor Walters commented to Town Attorney Gougelman that some of his recommended changes regarding
the copula have been changed and the Town Commission should have another workshop regarding the
revised ordinance and Commissioner Price agreed.
Commissioner Wilson gave the Town Commission a brief overview of the proposed changes to the height
ordinance and the Town Commission agreed to hold a workshop to review the revised ordinance.
VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER PRICE TO TABLE SECOND READING OF
ORDINANCE 2004-01.
VOTE: ALL AYES. MOTION CARRIED.
B. 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. (SECOND AND FINAL READING)
Town Attorney Gougelman read Ordinance 2004-02 by title.
Mayor Walters opened the public hearing to public comment. There were no comments.
Mayor Walters stated that the Planning and Zoning Board reviewed this ordinance and made
recommendations for changes and asked if these were incorporated into this ordinance? Town
Attorney Gougelman advised that they were.
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER STACEY TO ADOPT ON FINAL READING
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.
VOTE: ALL AYES. MOTION CARRIED.
C. ORDINANCE 2004-03: 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. (SECOND AND FINAL READING)
Town Attorney Gougelman read Ordinance 2004-03 by title.
Mayor Walters opened the public hearing to public comment. There were no comments.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON TO ADOPT ON SECOND AND FINAL
READING ORDINANCE 2004-03 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.
D. ORDINANCE 2004-04: AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD
COUNTY, FLORIDA RELATING TO THE TOWN COMMISSION; 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 ALL COMMISSIONERS, AS OPPOSED TO INDIVIDUAL
TOWN COMMISSIONERS, 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.
(SECOND AND FINAL READING)
Town Attorney Gougelman read Ordinance 2004-04 by title and recommended that on Page 4, Line 17,
change No. 3 to No. 2, which means this will be the second referendum question to appear on the ballot.
Commissioner Wilson commented that he would like to see the author of this ordinance withdraw a
certain section of this and leave it as it is in the Charter and let any Commission that chooses to raise
their salary that much do so.
Vice Mayor Guglietta requested to strike the section regarding individual pay for Commissioners.
Commissioner Wilson agreed.
Town Attorney Gougelman reviewed the necessary amendments to change this portion of the ordinance
and advised that this will be the first reading of ordinance 2004-04 as these are substantial changes.
Town Attorney Gougelman amended the ordinance as follows: In the title of the ordinance, remove
“2.06", remove the comma after “2.12" and delete the following words, “SETTING FORTH A TOWN
CHARTER AMENDMENT CLARIFYING THAT THE SALARY OF ALL COMMISSIONERS, AS
OPPOSED TO INDIVIDUAL TOWN COMMISSIONERS, SHALL BE NO MORE THAN 1% OF
THE TOWN BUDGET;” Town Attorney Gougelman advised that on Page 1, delete lines 32 through
34 and lines 1 and 2 on Page 2. On Page 3, Line 3, delete “2.06", and delete the comma after 2.12.,
delete lines 6 through 14. Page 4, Line 19, delete “2.06,” and delete the comma after 2.12 on
Line 21 delete the wording, “clarifying that the salary of” and delete lines 22 and 23. Page 6, the
first reading date will be July 21st and final will be August 18th.
Mayor Walters opened the public hearing to public comment. There were no comments.
COMMISSIONER PRICE MOVED, SECOND VICE MAYOR GUGLIETTA TO APPROVE, WITH AMENDMENTS
ON FIRST READING ORDINANCE 2004-04 AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD
COUNTY, FLORIDA RELATING TO THE TOWN COMMISSION; 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 ALL
COMMISSIONERS, AS OPPOSED TO INDIVIDUAL TOWN COMMISSIONERS, 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.
E. 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.
(SECOND AND FINAL READING)
Town Attorney Gougelman read Ordinance 2004-05 by title.
Mayor Walters opened the public hearing to public comment. There were no comments.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON TO ADOPT ORDINANCE 2004-05
ON SECOND AND FINAL READING 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.
VOTE: ALL AYES. MOTION CARRIED.
F. ORDINANCE 2004-06: 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.
(SECOND AND FINAL READING)
Town Attorney Gougelman read Ordinance 2004-06 by title.
Mayor Walters opened the public hearing to public comment. There were no comments.
Mayor Walters stated that currently the Town Manager, the Mayor, or two (2) Commissioners can call
a special meeting and this ordinance will change the Charter to allow the Town Manager, Mayor or one (1)
Commissioner, rather than two (2) Commissioners to call a special meeting. He also reported that if the
Mayor resigns for any reason, the Vice Mayor will take over the Mayor’s seat and the Vice Mayor will
not have to run for Mayor at the next election to stay in office, he will have the remainder of his term to
sit on the Commission.
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER PRICE TO ADOPT ON SECOND READING
ORDINANCE 2004-06 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.
G. 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.
(SECOND AND FINAL READING)
Town Attorney Gougelman read Ordinance 2004-07 by title and requested an amendment on Page 4,
Line 21, change this to ballot question No. 5 rather than No. 6. Town Attorney Gougelman reported
that this ordinance gives the Town Commission the right censure one of its members for improper behavior.
Mayor Walters opened the public hearing to public comment. There were no comments.
VICE MAYOR GUGLIETTA SECOND COMMISSIONER WILSON TO ADOPT ORDINANCE 2004-07 ON
SECOND AND FINAL READING 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.
H. 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.
(SECOND AND FINAL READING)
Town Attorney Gougelman read Ordinance 2004-08 by title and advised that after the comments and debate
from the last meeting, he included an amendment on line 10 on Page 4. Vice Mayor Guglietta explained
that he is in favor of an elected official not serving until he sits out for one year and it will be a suitable change.
Commissioner Price commented that he is against term limits in Melbourne Beach and is opposed to
the ordinance..
Commissioner Stacey suggested that the Town hold future elections during the month of March.
Mayor Walters commented that it is unfair to the Town when elected officials sit on the Town Commission for
a number of years as sometimes these elected officials forget who it is they are working for.
VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER STACEY TO ADOPT ON SECOND AND FINAL
READING ORDINANCE 2004-08 AS AMENDED BY THE TOWN ATTORNEY 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: VICE MAYOR GUGLIETTA, AYE. COMMISSIONER STACEY, AYE. COMMISSIONER WILSON, AYE.
MAYOR WALTERS, AYE. COMMISSIONER PRICE, NAY.
MOTION CARRIED.
I. RESOLUTION NO. 736: A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD
COUNTY, FLORIDA OPPOSING AN AMENDMENT TO THE FLORIDA CONSTITUTION THAT
WOULD RAISE FLORIDA’S HOMESTEAD EXEMPTION TO $50,000; MAKING FINDINGS;
AND PROVIDING FOR AN EFFECTIVE DATE.
Town Attorney Gougelman read Resolution No. 736 by title. Mayor Walters advised that the Supreme
Court has decided that this item will not be put on the ballot.
J. RESOLUTION NO. 737: A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD
COUNTY, FLORIDA ASSOCIATED WITH THE LEASE-PURCHASE AGREEMENT AND ANY RELATED
DOCUMENTS NECESSARY TO THE CONSUMMATION OF THE TRANSACTION CONTEMPLATED
BY THE LEASE-PURCHASE AGREEMENT BETWEEN THE TOWN OF MELBOURNE BEACH AND
LEASING 2, INC. FOR THE LEASE-PURCHASE OF A MINI PUMPER; AND PROVIDING FOR
AN EFFECTIVE DATE.
Town Attorney Gougelman read Resolution 737 by title. Town Manager Higginbotham reported that the
Town Commission approved the lease of the mini pumper with Leasing 2, Inc. and this resolution is
required by Leasing 2, Inc. prior to them forwarding the lease documents to the Town for review
and approval.
Mayor Walters opened the public hearing to public comment. There were no comments.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO ADOPT RESOLUTION NO. 737 A
RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA ASSOCIATED WITH
THE LEASE-PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS NECESSARY TO THE
CONSUMMATION OF THE TRANSACTION CONTEMPLATED BY THE LEASE-PURCHASE AGREEMENT
BETWEEN THE TOWN OF MELBOURNE BEACH AND LEASING 2, INC. FOR THE LEASE-PURCHASE
OF A MINI PUMPER; AND PROVIDING FOR AN EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED.
IX. REPORTS:
A. TOWN ATTORNEY
There was no Town Attorney report.
B. TOWN MANAGER
Town Manager Higginbotham reported that the pedway project has had some difficulty getting started
and C&D Construction will commence work on Friday, July 23rd and requested to also work Saturday
as it is the intent of the Town to have the portion of the project in front of Gemini Elementary School
completed before school starts. He reported that the Town received a preliminary Financial Statement
for the fiscal year ended September 30, 2003 and the Town should have the official audit and opinion
on Thursday, July 22nd or Friday, July 23. Town Manager Higginbotham reported that he received a
financial statement from the Fire Department for the period October 1, 2003 through June 30, 2004.
He reported that he has passed the comments the Town Commission wants addressed in the
agreement between the Town and Fire Department to the Town Attorney.
C. TOWN COMMISSION
Commissioner Stacey reported that last month, one of the volunteers from the Fire Department advised
that he was concerned about the fire maintenance position not being filled. Commissioner Stacey also
reported that he requested the Town Manager look into the idea that a Town Commissioner sit as a
non-voting member or sit in on the meetings of the Board of Directors of the Melbourne Beach Fire
Department Corporation to hopefully avoid any hard feelings between the department and Town. He
stated that perhaps this was not a good idea and withdrew his request. Commissioner Stacey
reported that his neighbors on Hibiscus Trail, whose property abuts the Town of Indialantic, have
complained about trees from their neighbor’s property were leaning against and knocking their
fences down and he advised them to contact the Town Manager.
Commissioner Wilson asked what the status is regarding the maintenance position in the fire department?
Town Manager Higginbotham responded that as of yet, he has not been approached by the Fire Chief to
fill the position. Commissioner Wilson asked what the benefit will be to wait until the audit is presented
prior to reviewing next year’s budget as finance is not one of his strong points. Town Manager
Higginbotham responded that the financial information will give him the ending balances to help
with the new budget. Commissioner Wilson asked for an update regarding the Boomerang property.
Town Manager Higginbotham responded that he received an inquiry for Mr. Pepaj’s attorney as to
if the Town is still interested in the property and he advised that the Town is still interested in the
property and they suggested that the property owners and their attorney’s contact the Florida
Communities Trust regarding the negotiations for the property.
Mayor Walters reported that he understands the City of Indian Harbour Beach does not have a
maintenance person in their volunteer fire department and uses Public Works employees and
thought the Town could look at this and possibly address it during the budget workshops.
Commissioner Price commented that it is not always practical to do what your neighbors do.
Vice Mayor Guglietta commented that volunteers incur certain rules and regulations they have
to follow and the volunteer fire department members are to ensure that the vehicles are put away
correctly and are to be trained on how to perform certain functions. Mayor Walters reported that
the Board of Adjustment has a request for variance coming up and the agenda shows the legal
description, but does not list the property address. Mayor Walters requested a copy of change
orders number 10, 11 and 12 regarding the municipal complex. Mayor Walters commented that
at the last meeting, the Town Manager discussed the fire department sign that is located in the
right-of-way and stated that unless an absolute reason has been given, there really is no need to
replace the sign. Town Manager Higginbotham responded that while he was getting an estimate
for a new bulletin board, he could get an estimate for a new fire department sign. Mayor Walters
reported that the Town needs a resolution for use of the new Community Room, modeled after the
one for the Community Center and Pavilion for different functions. Mayor Walters asked Town
Manager Higginbotham if the audit is complete yet and Town Manager Higginbotham replied that
the auditors sent the preliminary information and advised that we should receive the final audit,
with an opinion tomorrow. Mayor Walters commented that he is sorry to hear that Jim Hunter
resigned as Fire Chief. Sue Stark, President reported that there was a meeting and Mr. Hunter
has requested that his resignation be reconsidered.
Commissioner Price reported that after being out of work for several months from an automobile accident,
he is happy to be back to work again.
Vice Mayor Guglietta commented that he attended the Technical Advisory Committee meeting of the
Metropolitan Planning Organization and the status of the county streets were discussed such as the
Pineda Causeway extension. Vice Mayor Guglietta reported that he would like a copy of any preventative
and safety check-lists prepared by the Public Works Department. Vice Mayor Guglietta commented
that the Town’s Comprehensive Plan needs to be updated and suggested that the Town Manager look
into this. Vice Mayor Guglietta reported that he would like the Town Attorney and Town Manager look
at an article he has prepared prior to it being placed in the October/November newsletter to inform the
residents regarding the proposed Town Charter changes.
Town Manager Higginbotham reported that the Chief of Police will hold monthly coffee and conservation
meetings with the Town residents in the Community Room.
D. GENERAL COMMISSION DISCUSSION (TIME PERMITTING)
There was no general Commission discussion.
X. ADJOURNMENT
VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER STACEY TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The regular meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 9:23 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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