TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - Special Meeting
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Wednesday
August 11, 2004
COMMUNITY CENTER
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A special 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, August 11, 2004 in the Town Hall Community Room.  Mayor 
Walters also led the Pledge of Allegiance
Present:  
Mayor Walters
Commissioner Guglietta
Commissioner Price
Commissioner Stacey
Commissioner Wilson
Others Present:  
Town Manager Higginbotham
Deputy Town Clerk Gomez
Three members of the public
I.      RESOLUTION NO. 738
        A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA 
        RESCINDING RESOLUTION 691, WHICH ESTABLISHED A SALARY PLAN AND A POLICY 
        RELATING TO IMPLEMENTING SALARIES AND A STEP PROGRAM FOR ALL GENERAL 
        TOWN EMPLOYEES;   RESCINDING RESOLUTION NO. 720, WHICH AMENDED RESOLUTION 
        NO. 691; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE.

        Mayor Walters read Resolution No. 738 by title and opened the public hearing to public comment.  There 
        were no public comments.

        Commissioner Stacey stated that the step plan was not represented as it was originally planned.  Mayor 
        Walters commented that it cost the Town $100,000 dollars a year.  The Town Commission discussed the 
        step program in further detail.  

COMMISSIONER STACEY MOVED, SECOND VICE MAYOR GUGLIETTA TO RESCIND   RESOLUTION 
NO. 738, A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA 
RESCINDING RESOLUTION 691, WHICH ESTABLISHED A SALARY PLAN AND A POLICY RELATING 
TO IMPLEMENTING SALARIES AND A STEP PROGRAM FOR ALL GENERAL TOWN EMPLOYEES;   
RESCINDING RESOLUTION NO. 720, WHICH AMENDED RESOLUTION NO. 691; MAKING FINDINGS; 
AND PROVIDING FOR AN EFFECTIVE DATE. 
VOTE: ALL AYES.  MOTION CARRIED.      

II.     RESOLUTION NO. 739
        A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA 
        RESCINDING RESOLUTION 692, WHICH ESTABLISHED A SALARY PLAN AND A POLICY 
        RELATING TO IMPLEMENTING SALARIES AND A STEP PROGRAM FOR ALL POLICE 
        DEPARTMENT EMPLOYEES; RESCINDING RESOLUTION NO. 719, WHICH AMENDED 
        RESOLUTION NO. 692; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE.

        Mayor Walters read Resolution No. 730 by title and opened the meeting to comments from the public.  
        There were no public comments.

COMMISSIONER STACEY MOVED, SECOND VICE MAYOR GUGLIETTA TO APPROVE RESOLUTION 
NO. 739, A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA 
RESCINDING RESOLUTION 692, WHICH ESTABLISHED A SALARY PLAN AND A POLICY RELATING 
TO IMPLEMENTING SALARIES AND A STEP PROGRAM FOR ALL POLICE DEPARTMENT EMPLOYEES;   
RESCINDING RESOLUTION NO. 719, WHICH AMENDED RESOLUTION NO. 692; MAKING FINDINGS; 
AND PROVIDING FOR AN EFFECTIVE DATE.  
VOTE: ALL AYES.  MOTION CARRIED.

III.    RESOLUTION NO. 740
        A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AUTHORIZING 
        INTER AND INTRA DEPARTMENTAL TRANSFERS IN THE GENERAL FUND OF THE FISCAL YEAR 2003/2004 
        MUNICIPAL BUDGET; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE.     
           
        Mayor Walters read Resolution No. 740 by title.  Town Manager Higginbotham commented on several 
        departments budget and the changes and progress he has made.  Town Manager Higginbotham commented 
        that he will have more information on other departments not mentioned.

VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER PRICE TO APPROVE RESOLUTION 740 AND 
ATTACHED BUDGET ADJUSTMENTS A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD 
COUNTY, FLORIDA AUTHORIZING INTER AND INTRA DEPARTMENTAL TRANSFERS IN THE GENERAL 
FUND OF THE FISCAL YEAR 2003/2004 MUNICIPAL BUDGET; MAKING FINDINGS; AND PROVIDING 
FOR AN EFFECTIVE DATE.  
VOTE: ALL AYES.  MOTION CARRIED. 

IV.     REVIEW OF TOWN ATTORNEY’S REPLY TO WRIT OF PROHIBITION.  (VICE MAYOR GUGLIETTA)

        There will be no review at this time due to the actual notice not being ready.  Can not respond until court 
        order is received.

V.      REVIEW OF ORDINANCE 2004-01 (4TH  REVISION TO HEIGHT ORDINANCE)  (COMMISSIONER WILSON)

        Commissioner Wilson commented that he would like to make changes and additions to the fourth revision 
        of Ordinance 2004-01 as follows.  Line 5 and 6, add 7A-34 and 7A-35.  Line 11, add 4-RM and 5-RMO.  
        Line 26, strike the wording, “single family home” and add “residential structure”.  Line 41, add 4-RM 
        and 5-RMO.  Line 128, add 4-RM and 5-RMO.  Section 5, line 309, strike 7A-55 and add 7A-34.  
        Line 311, add Maximum height of a building shall be 28 feet and 7A-35, Maximum height of a building 
        shall be 28 feet.      

COMMISSIONER STACEY MOVED, SECOND VICE MAYOR GUGLIETTA TO APPROVE THE PROPOSED 
AMENDMENTS TO ORDINANCE 2004-01.  
VOTE: ALL AYES. MOTION CARRIED.
                        
VI.     ADJOURNMENT

VICE MAYOR MOVED, SECOND COMMISSIONER STACEY TO ADJOURN.  
VOTE: ALL AYES. MOTION CARRIED.

The special meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 7:31 p.m.
  
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STEVEN O. WALTERS, MAYOR



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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.