TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - Workshop

Monday
August 3, 2004
COMMUNITY ROOM - TOWN HALL

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A workshop of the Town Commission of the Town of Melbourne Beach, Florida was called to order by 
Mayor Walters at 6:30 p.m. on Tuesday, August 3, 2004 in the Community Room at Town Hall.  Mayor 
Walters also led the Pledge of Allegiance

Present:  

Mayor Walters
Commissioner Guglietta
Commissioner Price
Commissioner Stacey
Commissioner Wilson

Others Present:  

Town Manager Higginbotham
Six (6) members of the public
Town Clerk Masny

Town Manager Higginbotham advised that Town Attorney Gougelman received a copy of the “Rule Nisi” or 
“Show Cause” order regarding the Hamilton Writ of Prohibition and reported that if and when the Town files a 
response there will be a hearing and the Town Attorney’s response to this will be based upon the consensus 
of the Town Commission on June 17, 2004 to not respond vigorously or make a passive response.  He 
reported that the Town Attorney was surprised that there will be a hearing if there is a response. After a 
discussion, the Town Commission agreed that the Town Attorney should respond to this as previously directed.  
Town Manager Higginbotham advised that Mr. Abraham and Mr. West’s Attorney, Ralf Brookes has   provided a 
“Motion to Dismiss Petition for Writ of Prohibition” and advised that Town Attorney Gougelman would not be 
comfortable filing this and has advised that he will step aside and let Attorney Brookes file this.  The Town 
Commission discussed the “Motion to Dismiss Petition for Writ of Prohibition” and a majority of the 
Commission agreed that it would not request that the Town Attorney nor Attorney Brookes file this on 
behalf of the Town.

-       REVIEW OF PROPOSED MUNICIPAL BUDGET FOR FISCAL YEAR
2004/2005.
Town Manager Higginbotham reported that the millage rate he has proposed is less than last year, but is 
10% over the rolled-back rate and the rolled-back rate will generate the same revenue as the current budget.  
He reported that a proposed millage rate of 3.3724 will generate $80,000 more in ad valorem taxes for the 
fiscal year beginning October 1, 2004.  The millage rate for the library debt service is proposed at the rolled-back 
rate and will generate $62,485, which is $4,000 more than needed to cover the debt service and the Commission 
may want to lower this rate.


Town Manager Higginbotham reported that the Town Commission will be asked to make some budget amendments 
that will affect the current budget and advised that he will remove the maintenance worker from the Stormwater Utility 
Fund in the current budget and will not fund them in the 2004/2005 Stormwater Utility Fund budget.  He reported 
that this will leave approximately $48,000 from this year’s budget and will generate approximately $58,000 in the 
next fiscal year. 

Town Manager Higginbotham reviewed the proposed revenues and expenditures for the Town for fiscal year 
2004/2005.  The Town Commission requested that the Town Manager check the amount budgeted for telephone, 
electric and communication services in all departments as it seems too high.   

In the Legislative budget, check life insurance and postage amounts and reduce travel and meetings to $4,500.       

In the Executive budget, check the life insurance amount and the detail on dues and subscriptions for the 2004 
projected budget.

In the Finance budget, Town Manager Higginbotham reported that he has added a part-time accountant for 
bank reconciliations and various finance needs.  The Town Commission asked that the Town Manager check 
into the budgeted amounts for health insurance and retirement to see if these should be reduced for an 
additional part-time person.  Training and schools was reduced to $1,000.

In the Law Enforcement budget, the Town Commission removed the longevity pay, reduced overtime to $15,000, 
reduced travel and meetings to $2,500 and reduce dues and subscriptions to $750.

IT IS THE CONSENSUS OF THE TOWN COMMISSION TO ELIMINATE A LAW ENFORCEMENT POSITION 
WHEN AN OPENING OCCURS. 

The Town Commission and Town Manager discussed the idea that employees who received an 8% salary 
increase the previous year may not receive a salary increase this year and new employees may be eligible 
for a salary increase this year.

The Town Commission and Town Manager discussed holding the next budget workshop on Wednesday, 
August 11th rather than Tuesday, August 10th and holding a special meeting before 
the budget workshop to rescind the resolutions that established the salary step program for all employees.  
Town Manager Higginbotham reported that he will have a resolution to amend the Fiscal Year 2003/2004 
budget also.

-       DISCUSSION OF PROPOSED AD VALOREM MILLAGE RATE FOR FISCAL
YEAR 2004/2005.
IT IS THE CONSENSUS OF THE TOWN COMMISSION THAT THE PROPOSED AD VALOREM MILLAGE 
RATE FOR FISCAL YEAR 2004/2005 BE 3.0658 MILLS. 

-       DISCUSSION OF PROPOSED AD VALOREM DEBT SERVICE MILLAGE
RATE FOR FISCAL YEAR 2004/2005.
IT IS THE CONSENSUS OF THE TOWN COMMISSION THAT THE TOWN MANAGER ROLL BACK THE 
AD VALOREM DEBT SERVICE MILLAGE RATE TO THE AMOUNT NECESSARY TO PAY THE DEBT 
SERVICE PAYMENT FOR FISCAL YEAR 2004/2005.

There being no further business, the workshop adjourned at 9:28 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.