TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - Regular Meeting
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Wednesday
August 18, 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, August 18, 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 Manager Higginbotham
Town Attorney Gougelman (arrived late)
16 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: PRESENTATION OF AYN SAMUELSON
(VICE MAYOR GUGLIETTA).
Vice Mayor Guglietta introduced Ayn Samuelson who is campaigning for the District 3 seat for the
Brevard County School Board. Ms. Samuelson addressed the Town Commission regarding her candidacy
for the District Seat 3 for the Brevard County School Board and her plans to work with the communities
after she is elected. Ms. Samuelson also discussed her background, education and qualifications to sit
on the School Board. Ms. Samuelson discussed what she believes the needs are of the County School
system. Ms. Samuelson answered questions of the Town Commission.
III. NON-SCHEDULED CITIZEN COMMENTS.
Xochitl Ross, 1106 Atlantic Street commented that she was disappointed in last year’s Candidates Forum
and would like to see this changed for this year’s election as none of her questions were read.
Bruck Black, 508 Ocean Avenue thanked Donnie Price, Jr. for all of the hours he has put in on the Parks
Board. Mr. Black also requested a community meeting regarding any improvements being planned for
Ocean Avenue.
Jim Lasley, Lone Pine Productions and film supplier for the Town’s movies in the park expressed his
appreciation to Donnie Price as Chairman of the Parks Board for the work he has done for the scheduling
and showing of these films.
IV. APPROVAL OF MINUTES: JULY 21, 2004 REGULAR MEETING,
JULY 26, 2004 WORKSHOP AND
AUGUST 3, 2004 BUDGET WORKSHOP.
Mayor Walters requested that on Page 9, 4th paragraph, 3rd line, of the July 21, 2004 regular meeting
minutes, change the word, “and” to “or.”
COMMISSIONER PRICE MOVED SECOND COMMISSIONER STACEY TO APPROVE THE MINUTES OF
JULY 21, 2004 REGULAR MEETING AS AMENDED AND APPROVE THE MINUTES OF JULY 26, 2004
WORKSHOP AND AUGUST 3, 2004 BUDGET WORKSHOP AS WRITTEN.
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. PUBLIC HEARING:
ORDINANCE 2004-01
AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA
AMENDING SECTIONS 1A-3, 7A-31, 7A-32, AND 7A-33, 7A-34, 7A-35, 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, 3-RS, 4-RM AND 5-RMO
ZONING DISTRICTS; REVISING THE MINIMUM FLOOR ELEVATION FOR NEW BUILDING
CONSTRUCTION; 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. (FIRST READING)
Town Manager Higginbotham read Ordinance 2004-01 by title. Mayor Walters opened the public hearing
for comment. There were no public comments.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO APPROVE ORDINANCE 2004-01
ON FIRST READING, AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY,
FLORIDA AMENDING SECTIONS 1A-3, 7A-31, 7A-32, AND 7A-33, 7A-34, 7A-35, 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, 3-RS, 4-RM AND 5-RMO ZONING DISTRICTS;
REVISING THE MINIMUM FLOOR ELEVATION FOR NEW BUILDING CONSTRUCTION; 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.
VOTE: ALL AYES. MOTION CARRIED.
B. ORDINANCE 2004-04
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 2.12 AND 2.17, TOWN CHARTER; 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 Manager Higginbotham read Ordinance 2004-04 by title. Mayor Walters opened the public hearing
comments. There were no public comments.
COMMISSIONER PRICE MOVED, SECOND VICE MAYOR GUGLIETTA TO ADOPT ORDINANCE 2004-04 ON
SECOND AND FINAL READING 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 2.12 AND 2.17, TOWN CHARTER; 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.
VII. NEW BUSINESS:
A. DISCUSSION AND POSSIBLE ACTION REGARDING TOWN EMPLOYEE
MANDATORY PAY INCREASE POLICY.
(MAYOR WALTERS)
As Mayor Walters placed this item on the agenda, Vice Mayor Guglietta read the agenda item and Mayor
Walters advised that the Town Commission rescinded the salary step program and suggested that the
Town Manager come back with a fair and equitable salary plan for adoption by the Town Commission.
The Town Commission agreed with Mayor Walter’s idea.
IT IS THE CONSENSUS OF THE TOWN COMMISSION THAT THE TOWN MANAGER PUT TOGETHER A
RESOLUTION ON A PAY PLAN FOR TOWN EMPLOYEES.
B. DISCUSSION AND POSSIBLE ACTION REGARDING TOWN COMMISSION
RULES OF PROCEDURE, COMMONLY KNOWN AS RESOLUTION NO. 702.
(MAYOR WALTERS)
Vice Mayor Guglietta read the agenda item. Mayor Walters stated that at the last meeting, there was
some confusion as the Town Commission would introduce the agenda item and there would automatically
be a motion and a second and then the confusion came in after the Town Commission discussed the item.
Mayor Walters pointed out Section 7. of Resolution 702, “Rules of Procedure,” and stated that at the top
of Page 6., there is a series of 6 steps and currently it reads that the Chair shall introduce the agenda item,
and if it is a resolution or ordinance, the Town Attorney will read the title and at step 6, is where the Town
Commission discusses the item, including a motion and a second or other action if needed. At the last
meeting, we were doing the reverse of this. Mayor Walters stated that the rules should be as in Roberts
Rules of Order where once an item is addressed, there should be a motion and a second. Mayor Walters
pointed out that he would like to change step 4., “The Chair shall open discussion for citizen comment
on the agenda item.” Mayor Walters stated that once the Chair has announced the agenda item, before
we speak and the citizens know our views, we ask them to speak and they have no idea of our views,
so this should be last because we should listen to the citizens before we vote to get their opinions before
we decide on agenda items. Mayor Walters stated that he would like to reverse step 6. with step 4.,
which means we discuss the agenda item so that the citizens get a feel for what each of us believes
is the proper decision and then ask the citizens to comment on the agenda item.
MAYOR WALTERS MOVED, SECOND COMMISSIONER PRICE TO CHANGE ITEM RULE OF PROCEDURE
OF RESOLUTION NO. 702 STEP #6 TO STEP #4 AND MOVE STEP #5.
VOTE: ALL AYES. MOTION CARRIED.
C. DISCUSSION AND POSSIBLE ACTION REGARDING BOARD OF ADJUSTMENT
APPEAL FEES AND BUILDING PERMIT FEES.
(MAYOR WALTERS)
Vice Mayor Guglietta read the agenda item. Mayor Walters asked that if the Town is going to have an
appeal procedure for the Board of Adjustment, should the average citizen have to pay $375? Mayor Walter
stated that he then realized that this cost is to cover the costs of the newspaper advertisement and the
public notices. Mayor Walters suggested that if the appeal is won, the Town should reimburse the
applicant for these expenses. Mayor Walters also commented that the Town needs to look at the
building permit fees and inspection fees to see if we are in line with other communities and suggested
that the Town obtain a copy of any contract for building permits issued to be sure the prices on permits
are comparable to the cost of construction. Mayor Walters suggested that the Town insert a clause on
the building permit application that the town requires a copy of the work contract from the contractor.
Mayor Walters suggested that the Town Manager look at other municipalities to see if our building permit
fees are competitive. The Town Commission agreed that if a resident wins an appeal, the Town will reimburse
them the $375 fee.
Town Attorney Gougelman suggested that regarding the contract being required, this should be done in
the form of an ordinance and any rebate policy of an appeal fee be done by amending the resolution which
sets forth the existing fees.
IT IS THE CONSENSUS OF THE TOWN COMMISSION THAT THE TOWN MANAGER AND TOWN ATTORNEY
DRAFT AN ORDINANCE AND RESOLUTION TO MOVE FORWARD WITH THE IDEAS DISCUSSED REGARDING
PERMIT FEES AND APPEAL APPLICATIONS.
Vice Mayor Guglietta opened the meeting for public comment.
Gail Gowdy, 215 Ash Avenue commented that she is in full agreement with the building permit fee schedules
and the Town should also perform an audit of the current fees paid as there were permit fees not paid on a
previous construction project on Atlantic Street.
D. TOWN BOARD RESIGNATIONS, APPOINTMENTS AND REAPPOINTMENTS:
ACCEPT RESIGNATION OF ROBERT MIRITELLO FROM THE CIVIL SERVICE BOARD.
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER WILSON TO ACCEPT
THE RESIGNATION OF ROBERT MIRITELLO FROM THE CIVIL SERVICE BOARD.
VOTE: ALL AYES. MOTION CARRIED.
E. DISCUSSION AND POSSIBLE ACTION REGARDING APPOINTMENTS ON
THE CIVIL SERVICE BOARD.
Commissioner Stacey asked if Lisa Farrall and Ann Szemplenski attend the Civil Service Board as
alternate members? Town Clerk Masny stated that both have been on the Board for less than one year
and both did attend the last meeting of the Civil Service Board. Commissioner Stacey stated that the
alternate members should be moved up and someone appointed in the alternate position.
COMMISSIONER STACEY MOVED, SECOND VICE MAYOR GUGLIETTA TO APPOINT ANN SZEMPLENSI
TO A REGULAR MEMBER ON THE CIVIL SERVICE BOARD, THAT LISA FARRALL BE ALTERNATE #1 ON
THE CIVIL SERVICE BOARD AND LEONARD DOBRIN BE ALTERNATE #2 ON THE CIVIL SERVICE BOARD,
WITH A TERM AUGUST 18, 2004 THROUGH AUGUST 18, 2008.
VOTE: ALL AYES. MOTION CARRIED.
Mr. Dobrin came forward and introduced himself to the Town Commission and stated that he has been
a resident of the Town for five (5) years and gave his background regarding his Law Enforcement experience.
Mayor Walters stated that the Civil Service Board is an advisory board and they help select the police officers
for the community.
Mayor Walters opened the meeting to public comment regard this agenda item. There was no public comment.
F. DISCUSSION AND POSSIBLE ACTION REGARDING APPOINTMENTS AND/OR REAPPOINTMENTS
ON THE BOARD OF ADJUSTMENT.
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER STACEY TO REAPPOINT DAVID WILDMAN
TO THE BOARD OF ADJUSTMENT WITH A TERM AUGUST 18, 2004 THROUGH AUGUST 18, 2007.
VOTE: ALL AYES. MOTION CARRIED.
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER PRICE TO REAPPOINT NICHOLAS YANAS
AS ALTERNATE #2 ON THE BOARD OF ADJUSTMENT WITH A TERM AUGUST 18, 2004 THROUGH
AUGUST 18, 2007. AFTER DISCUSSION
VOTE: COMMISSIONER WILSON, AYE. COMMISSIONER STACEY, NAY. COMMISSIONER PRICE, NAY.
VICE MAYOR GUGLIETTA, NAY. MAYOR WALTERS, NAY. MOTION DEFEATED.
Vice Mayor Guglietta pointed out that Mr. Yanas is an alternate member on the Board of Adjustment and
should attend meetings to familiarize himself with the Board’s proceedings as he will sit on the Board
when a regular member is absent and he has been absent from one half of the meetings in the last year.
Mayor Walters opened the meeting to public comment regarding this agenda item.
Gail Gowdy, 215 Ash Avenue commented that Mr. Tennant was at the previous meeting when the new
appointments were being made on the Board of Adjustment and he did express interest in being appointed
to the Board of Adjustment. Ms. Gowdy commented that Mr. Yanas was at one of the meetings she attended.
Xochitl Ross, 1106 Atlantic Street commented that the reason he did not attend the meeting was not given.
VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER STACEY TO APPOINT MR. TENNANT IN
THE ALTERNATE #2 POSITION ON THE BOARD OF ADJUSTMENT WITH A TERM AUGUST 18, 2004
THROUGH AUGUST 18, 2007.
VOTE: ALL AYES. MOTION CARRIED.
G. DISCUSSION AND POSSIBLE ACTION REGARDING APPOINTMENTS AND/OR
REAPPOINTMENTS ON THE PARKS BOARD.
Mayor Walters advised that Donnie Price has tendered his resignation from the Parks Board and is one
of the Town’s most loyal volunteers, but at the present time he does not have the time to dedicate to
the Board.
The Town Commission requested volunteer applications for consideration at the next meeting.
H. DISCUSSION AND POSSIBLE ACTION REGARDING APPOINTMENTS
AND/OR REAPPOINTMENTS ON THE ENVIRONMENTAL ADVISORY BOARD.
VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER STACEY TO REAPPOINT CURTIS BYRD
TO THE ENVIRONMENTAL ADVISORY BOARD WITH A TERM AUGUST 18, 2004 THROUGH AUGUST 18, 2006.
VOTE: ALL AYES. MOTION CARRIED.
VIII. REPORTS:
A. TOWN ATTORNEY
There was no Town Attorney report.
B. TOWN MANAGER
Town Manager Higginbotham reported that the Town Commission had approved Municipal Complex change
order #13 and there were questions about change orders 10, 11, and 12 and reported that change order 10
was approved in the overall cost of the complex and was approved by Mr. Taylor on April 1, 2004. Change
orders 11 and 12 were proposals and proposed change orders that were never approved and the work was
never done. Town Manager Higginbotham reported that change order 10 has not been paid and has to deal
with site work. Commissioner Wilson requested an update on the Boomerang property purchase. Town
Manager Higginbotham reported that this is still in the hands of the Florida Communities Trust and they
are waiting on the appraisals. Once they have that, they will begin negotiations with the existing owner
and/or the potential owner, who still maintains an option on the property. He reported that both have
signed a “willingness to sell” statement to the Town, which will be done through the State and the State
will negotiate the sale of the property. Commissioner Price reported that the Town opted not to negotiate
the sale of the property and turned this over to the state because this is state money.
C. TOWN COMMISSION
Commissioner Stacey advised that he had a couple of issues with public safety and has addressed them
to the Town Manager for action.
Vice Mayor Guglietta reported that he attended the Technical Advisory Committee meeting of the Metropolitan
Planning Organization this past week and they discussed county infrastructure projects needing funding and
where the money is going to come from is the main question. He reported that the Committee placed work
on roads and bridges in priority order and advised that the State has allocated $8 million for these projects,
but the money will be tight. He also reported that I95 will be widened to 6 lanes over a period of time.
Vice Mayor Guglietta commented that the pedway cement beam has been poured and he is looking
forward to the completion of this project. Vice Mayor Guglietta complimented Town Manager Higginbotham
regarding how he has handled resident complaints. Vice Mayor Guglietta reported that there will be no tax
increase for the library or on the ad valorem taxes for the next fiscal year.
Commissioner Price reported that the Space Coast League of Cities represents all cities in the county and
is in the process of establishing a committee to handle growth management issues. He reported that the
Charter Commission recently made an attempt to establish a growth management plan on the county level
and this would have taken with it powers vested in the local governments and that each city in the county
should have a voice as its growth management. Commissioner Price reported that the Town Commission
will represent Melbourne Beach at the Florida League of Cities conference in Hollywood, Florida this weekend.
Mayor Walters reported that there have been a couple of budget workshops this year and announced that
the Town will have no tax increase this year for residents. He reported that in order to put monies into the
storm drain system, which needs $3 million in repairs, the Town Commission has eliminated a couple
positions and two (2) others have become part-time positions. Mayor Walters reported that as our promise
to the residents is before we ask for tax money, every dollar will be well spent. He reported that we hope
to have at least ½ a million dollars this year to work on the storm drains. Mayor Walters reported that there
will be no pay increases this year for employees who received increases last year, but the new employees
should receive a salary increase, possibly on their anniversary date.
George Jones, 417 Ocean Avenue reported that in the event that movies in the park may not continue because
Chairman Price resigned from the Parks Board, he will be happy to continue this service along with his surf
movies.
Scott Hebert, 211 Flamingo Lane reported that his family pet recently had and incident at his residence an
the Police Chief escorted his family to the vet’s office and thanked Police Chief Syrkus for going above and
beyond his duties to help save the family pet.
Gary Lane, 418 Fourth Avenue commented that the tennis-hitting wall was removed and asked that the wall
be replaced. Mr. Lane was requested to speak with the Town Manager regarding this.
D. GENERAL COMMISSION DISCUSSION (TIME PERMITTING)
There was no general Commission discussion.
IX. ADJOURNMENT
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER PRICE TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
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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.
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