TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - Regular Meeting
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Wednesday
September 15, 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 7:32 p.m. on Wednesday, September 15, 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
11 members of the public
Town Clerk Masny
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I. CHANGES TO THE AGENDA.
There were no changes to the agenda.
II. PROCLAMATIONS AND AWARDS: ACCEPT RESIGNATION OF DONNIE PRICE FROM THE PARKS
BOARD AND PRESENTATION OF CERTIFICATE OF APPRECIATION
Mayor Walters stated that since 1998, Donnie Price has been a member of the Parks Board and recently
resigned. Mayor Walters commented that the Town appreciated his many years of service and that he always
made sure that Founders Day was enjoyed by all.
III. NON-SCHEDULED CITIZEN COMMENTS
Tom Shaw, 406 Riverside Drive thanked the Police, Fire and Town for help during Hurricane Frances and will
follow-up with a letter to the Town Manager. Mr. Shaw commented that when he walks past Djon’s Restaurant,
there are two (2), 55 gallon drums of cooking oil and old restaurant equipment next to the dumpster and
commented that someone should look into this.
IV. APPROVAL OF MINUTES: AUGUST 11, 2004 SPECIAL MEETING,
AUGUST 11, 2004 BUDGET WORKSHOP
AUGUST 18, 2004 REGULAR MEETING
AUGUST 25, 2004 SPECIAL MEETING AND
AUGUST 25, 2004 BUDGET WORKSHOP
Commissioner Price requested that the tape be reviewed of the August 11, 2004 special meeting to clarify
the wording of the last two (2) paragraphs on Page 1 and Mayor Walters requested the same for the last
two (2) paragraphs on Page 2 of the August 11, 2004 workshop. Commissioner Price agreed.
COMMISSIONER STACEY MOVED, SECOND VICE MAYOR GUGLIETTA TO APPROVE THE MINUTES OF
AUGUST 11, 2004 SPECIAL MEETING, AUGUST 11, 2004 BUDGET WORKSHOP, AUGUST 18, 2004 REGULAR
MEETING, AUGUST 25, 2004 SPECIAL MEETING AND AUGUST 25, 2004 BUDGET WORKSHOP AS AMENDED.
VI. REPORTS BY ANY TOWN BOARD SUBMITTING A REPORT
There were no Town Board reports.
VI. PUBLIC HEARING
A. 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. (SECOND AND FINAL READING)
Town Attorney Gougelman read Ordinance 2004-01 by title.
Mayor Walters opened the public hearing to comments from the public.
Martha Remark, 707 Atlantic Street asked if the grandfathering clause was removed from the ordinance?
Town Attorney Gougelman referred to Page 8, Line 192 and explained that the sentence, “Existing homes
shall be measured from the existing fist floor to the highest point of the roof or facade,” and stated that this
is now included on Page 5, lines 125-130 and advised that the grandfather clause has been preserved.
COMMISSIONER PRICE MOVED, SECOND VICE MAYOR GUGLIETTA TO ADOPT ORDINANCE 2004-01 AS
WRITTEN. 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. RESOLUTION NO. 743
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA ESTABLISHING
A POLICY FOR THE USE AND RENTAL OF THE MUNICIPAL COMPLEX COMMUNITY ROOM AND
KITCHEN FACILITIES; SETTING FEES AND DEPOSITS; PROVIDING FOR WAIVER OF SAID FEES
AND DEPOSITS; PROVIDING FOR CERTAIN PROCEDURES FOR USE AND RENTAL OF THE FACILITIES;
PROVIDING AN EFFECTIVE DATE.
Town Attorney Gougelman read Resolution No. 743 by title. Mayor Walters stated that this resolution sets
fees for use of the community room at $25 per hour, plus sales tax, along with a damage/clean up deposit
of $200, unless exempt as noted in the resolution. Mayor Walters commented that this is a community
room and it should be open for the community to rent for functions.
Mayor Walters opened the public hearing for comments from the public. There were no public comments.
COMMISSIONER STACEY MOVED, SECOND VICE MAYOR GUGLIETTA TO ADOPT RESOLUTION NO. 743
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA ESTABLISHING
A POLICY FOR THE USE AND RENTAL OF THE MUNICIPAL COMPLEX COMMUNITY ROOM AND KITCHEN
FACILITIES; SETTING FEES AND DEPOSITS; PROVIDING FOR WAIVER OF SAID FEES AND DEPOSITS;
PROVIDING FOR CERTAIN PROCEDURES FOR USE AND RENTAL OF THE FACILITIES; PROVIDING AN
EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED.
C. RESOLUTION NO. 744
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AMENDING
SECTION 7. (I) OF RESOLUTION NO. 702, WHICH COMMISSION; PROVIDING AN INTERPRETATION
CLAUSE; PROVIDING AN EFFECTIVE DATE.
Town Attorney Gougelman read Resolution No. 744 by title. Mayor Walters commented that this resolution
calls for a change in meeting procedures for the Town Commission and explained that the Town Commission
will now speak first about an issue, then the Town Attorney or Town Manager will discuss the issue, then it
is open to the public for comment and then the Town Commission will have final discussion and vote on the
issue. Mayor Walters stated that this will allow the residents more participation in the meetings.
Mayor Walters opened the public hearing to comments from the public. There were no public comments.
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER PRICE TO ADOPT RESOLUTION NO. 744
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AMENDING
SECTION 7. (I) OF RESOLUTION NO. 702, WHICH ESTABLISHED MEETING RULES AND PROCEDURES
FOR THE TOWN COMMISSION; PROVIDING AN INTERPRETATION CLAUSE; PROVIDING AN EFFECTIVE
DATE.
VOTE: ALL AYES. MOTION CARRIED.
VIII. TOWN BOARD APPOINTMENTS AND REAPPOINTMENTS:
A. CONSIDERATION OF APPOINTMENT OF D.X. ROSS TO THE PARKS BOARD WITH A TERM
SEPTEMBER 15, 2004 THROUGH SEPTEMBER 15, 2006.
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER PRICE TO APPOINT D.X. ROSS TO THE
PARKS BOARD WITH A TERM SEPTEMBER 15, 2004 THROUGH SEPTEMBER 15, 2006.
VOTE: ALL AYES. MOTION CARRIED.
B. CONSIDERATION OF REAPPOINTMENT OF MICKEY COLLINS TO THE PARKS BOARD WITH A
TERM SEPTEMBER 15, 2004 THROUGH SEPTEMBER 15, 2006.
VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER WILSON TO REAPPOINT MICKEY COLLINS
TO THE PARKS BOARD WITH A TERM SEPTEMBER 15, 2004 THROUGH SEPTEMBER 15, 2006.
VOTE: ALL AYES. MOTION CARRIED.
IX. REPORTS:
A. TOWN ATTORNEY
Commissioner Wilson asked Town Attorney Gougelman to update the Town Commission regarding the
status of the Hamilton Writ of Prohibition as the hurricane disrupted the scheduled hearing date and
commented that the Town Attorney’s response to the Writ of Prohibition was very good.
Town Attorney Gougelman reported that Mr. and Mrs. Hamilton filed a Petition for Writ of Prohibition, which
is a request that the court bar the Board of Adjustment from hearing the application for interpretation of the
code with regard to the issuance of the certificate of occupancy. Judge Moxley held a hearing and made
his findings and ordered the Town to show cause and the Town has filed this and the judge will review this
act on it. Town Attorney Gougelman reported that he has talked to the attorney of those who filed the
application to the Board of Adjustment and advised him that the Town is a neutral party and the applicants
need to be in court fighting for their interest.
B. TOWN MANAGER
Town Manager Higginbotham reported that there was damage to the tennis court lighting and the Town
received a quote in the amount of $4,167.10 for repairs and requested the Town Commission approve that
RLS Lighting, Inc. move forward to perform the repairs.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO APPROVE THE QUOTE FROM
RLS LIGHTING, INC. FOR REPAIRS TO THE TENNIS COURT LIGHTING IN THE AMOUNT OF $4,167.10.
VOTE: ALL AYES. MOTION CARRIED.
Town Manager Higginbotham read into the record a letter to Mayor Walters from Police Chief David R. Syrkus
regarding his help evacuating the special needs residents during Hurricane Frances. (copy attached).
C. TOWN COMMISSIONERS
Mayor Walters expressed a special thanks to the Police Department, Volunteer Fire Department and Town
Manager for an outstanding job during Hurricane Frances. Mayor Walters complimented Commissioner
Stacey on his volunteer work with the American Red Cross at a hurricane shelter and stated that he took
great care of the Town residents who were in the shelter. Mayor Walters commented that the Town has
the new fire truck for three (3) months and it is not on the road yet. Town Manager Higginbotham reported
that it is not yet equipped with hose and proper equipment and will find out why. Mayor Walters requested
that the Town Manager review the beautification grant for Ocean Avenue and find out where the funds will
come from in the budget so that the Town can move forward.
Vice Mayor Guglietta reported that since we had this hurricane emergency, the Town should purchase
cots and mattresses and store in the dorm rooms in the fire department so that they can be used in the
future when personnel stays in the Town facilities. Vice Mayor Guglietta reported that a large crowd
attended all four meetings of the Federal Emergency Management Agency held in the Community
Center and FEMA answered all questions of the Town residents and nonresidents alike. Vice Mayor
Guglietta complimented the Town Manager, Chief of Police and Volunteer Fire Department for the jobs
done before, during and after the Hurricane Frances.
Commissioner Stacey reported that Hibiscus Trail has bobcat equipment pushing the yard trash and other
refuse down the street from Hurricane Frances, however, they are leaving a lot of the yard trash on the street.
Commissioner Stacey suggested that the Town of Indialantic bring the street sweeper in Town and sweep
the streets.
Commissioner Price commented that we have survived Frances and Jeanne is stirring in the Caribbean
and it has taken our attention for the past two (2) weeks. Commissioner Price stated he is proud of our
team in the Town, the Town Manager, Police Chief, Volunteer Fire Department and Town Employees
with the jobs performed during the emergency. Commissioner Price commented that we have a good
community and can be very proud how this emergency was handled and that the Federal Emergency
Management Agency meetings were informational and it was all orchestrated by our Police Chief.
Commissioner Price commented that Commissioner Stacey did an excellent job as the Shelter
Captain for the American Red Cross.
Mayor Walters thanked Commissioner Wilson for picking up some of the special needs residents and
escorting them from the shelters and taking them to their homes.
Mayor Walters complimented Police Chief Syrkus on the way he handled a hostage situation in Town
during Hurricane Frances.
Commissioner Wilson commented that with the new landscaping going in on Ocean Avenue, it would
be wise to take notes of what trees that did not fare well with the hurricane. Commissioner Wilson
noted that the Live Oak trees pulled sidewalks up with their root systems and Washatonnian Palms
should be avoided as they snap in the middle. Commissioner Wilson commented that the baffle boxes
should be cleaned out as there was a lot of sand blown into the storm drains because of Hurricane Frances.
Commissioner Wilson asked how many residents did not evacuate for Hurricane Frances? Town Manager
Higginbotham stated that 21 people stayed in the Town Hall facilities and there were 12 known residences
that were occupied, but some left Friday morning. Town Manager Higginbotham reported that the County
is going to clear Oak Street of debris as to not interfere with the pedway project.
D. GENERAL COMMISSION DISCUSSION (TIME PERMITTING)
There was no general Commission discussion.
X. ADJOURNMENT
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER WILSON TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The regular meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 8:23 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.
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