TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - Regular Meeting
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Wednesday
October 20, 2004
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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, October 20, 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
Police Chief Syrkus
16 members of the public
Town Clerk Masny
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I. CHANGES TO THE AGENDA.
Commissioner Wilson requested to table agenda item VII. A. and was advised that he could move the item
up and discuss to table it, but could not table the item at this time. Commissioner Wilson requested to
change the order of presentation of the agenda so that item VII.A. is heard first. There were no objections
from the Town Commission.
VII. PUBLIC HEARING:
A. FINAL SITE PLAN REVIEW AND POSSIBLE APPROVAL FOR A BED AND BREAKFAST TO BE
LOCATED AT 201 OCEAN AVENUE, APPLICANTS: LINDA AND MIKE RYDSON.
Town Manager Higginbotham reported that Linda and Mike Rydson have had their site plan reviewed by the
Planning and Zoning Board and wish that the Town Commission move forward and complete the final site plan.
Town Manager Higginbotham reported that items 4.d. 4.h. as noted on the Planning and Zoning Board’s Final
Order from their site plan review still remain unaddressed. He reported that the Town Attorney advised that
the final site plan could move forward if the applicants request so even with these items being unaddressed.
Town Manager Higginbotham stated that if the Town Commission chooses to act on this item, it could be
approved contingent upon the two (2) unaddressed items being addressed before a building permit is issued
for the project.
Commissioner Wilson stated that the Planning and Zoning Board reviewed this for approval as a final site plan
and the parking and driveway situations have been discussed early in the planning of this project and if the
Town Commission approves this site plan, we will be approving something that the Planning and Zoning Board
approved on the condition that these last two (2) items have been met and they have not been met as of yet.
Commissioner Wilson requested to wait and address the site plan after the Department of Transportation
permit is approved.
Commissioner Price stated that the Planning and Zoning Board has recommended that the Town Commission
approve the site plan with the same conditions that they approved it with.
Mayor Walters stated that the site plan can be approved based on the applicants meeting the conditions in the
order of the Planning and Zoning Board. Mayor Walters read a portion of a letter from the Building Official to the
Town Engineer regarding the drainage portion of the site plan, “Attached is a site plan for a bed and breakfast
at 201 Ocean Avenue, which has incorporated the recommendations of the Town’s Planning and Zoning Board,
except for part d. and h. Part d. is, code conforming drainage facilities, including culverts and drainage structures,
as approved by the Town Engineer must be depicted on the site plan. Please review the attached plan for
compliance with the order issued by the Planning and Zoning Board. Please put your comments in writing to
me so that I may forward them to the applicants.” Mayor Walters stated that it appears that the Building Official
is going to be strict with compliance.
Vice Mayor Guglietta stated that he is not concerned about the drainage portion, but what if the Department
of Transportation advises the Rydson’s that they cannot put the driveway/parking, in the present location, what
will happen? Town Manager Higginbotham stated that the Planning and Zoning Board will have to review the site
plan change and it will have to come back to the Town Commission for final approval.
Commissioner Price read into the record part h. of the site plan Final Order, “The front parking as shown on the
applicant’s original site plan submittal prepared by Teimouri and Associates, Inc. of Melbourne, Florida under
Project No. 2003-134, File No. 2003135CI dated June 28, 2004 and unrevised, on file with the Town, shall be
presented to the Florida Department of Transportation. If the Florida Department of Transportation approves
the parking arrangement, then the proposal is approved.” Commissioner Wilson stated that you simply apply
for a permit and if they want to see your site plan, they will request it, and no submission of anything has
been made to the Florida Department of Transportation. Mayor Walters clarified that Commissioner Wilson
would like to wait until the last two (2) items on the recommended order are completed. Commissioner
Wilson stated that the Planning and Zoning Board requested that these items be done and somehow it
ended up in front of the Town Commission and that he does not see any reason to rush into approving
the site plan, as there is no benefit to anybody for us to approve this tonight.
Commissioner Price asked if the recommendation submitted to the Town Commission from the Planning
and Zoning Board or whom? Town Manager Higginbotham responded that it was submitted to the Town
Commission at the request of the applicant.
Mayor Walters requested that the applicant advise why this was submitted prior to them receiving approval
from the Florida Department of Transportation?
Vaheed Teimouri of Teimouri and Associates located at 32 East New Haven Avenue, Melbourne Florida
came forward and introduced himself as the Engineer of Record for this project and stated that he has been
doing projects in Brevard County for the last 26 years and the procedure is, when a project goes before
Planning and Zoning and City Council, it gets approved in merits, meaning meeting certain conditions.
The staff reviews it, however outside agency permits, such as the Department of Transportation, the
Department of Environmental Protection, Fish and Wildlife, and Army Crop of Engineers have a list if
items that have to be met and most of these agencies do not even issue a permit unless the applicant
has a development order and even though you apply for it, that application sits there until you get an
approval from a city. Mr. Vaheed stated that in this case, with the property abutting a Department of
Transportation right-of-way, it requires permits, be it for a driveway, drainage connection, utilities, sidewalk
or landscaping. When we submit the application, it goes through all the departments to identify the permits
we have to apply for. At this point, they review the plans and hold it and advise that whenever we get the
approval from the city, come back to us and we will give you a permit. In this particular case, we need
to know if the project is approvable by the city before we spend all that time and effort and find out that
the city does not like the project. This is the reason it is done this way, the city approves it in merit
and then we work out the technical issues. Mr. Vaheed stated that as a professional engineer, he has
the responsibility to produce a set of construction documents that at the final stage, before it goes to
construction, all these conditions for all agencies who issue permits on the project, that it meets all
of the requirements. Mr. Vaheed advised that the Planning and Zoning Board told him that the site plan
can be approved with conditions attached, but any permits from outside agencies have to be in before a
building permit is issued.
Commissioner Wilson asked Mr. Vaheed if he has spoken with anyone at the Department of Transportation
about the project? Mr. Vaheed responded that he has talked with Ken Dyke and was advised that until a
formal application is made to the Florida Department of Transportation, local site plan approval from the city
or county has to be submitted on letterhead in order for them to finalize the permit. Mayor Walters commented
that this process makes sense to him. Commissioner Wilson stated that the parking has been a concern since
the beginning of this project and the applicants should have at least submitted plans to the Florida Department
of Transportation by now to see if they were going to approve the plan.
Vice Mayor Guglietta commented that he wants all the i’s dotted and the t’s crossed to ensure that the Town
is not put into a situation where we have a problem. If the Florida Department of Transportation does not approve
this, they will have to come back and we will start at the beginning of the site plan review process.
Commissioner Price stated that he is satisfied that the Planning and Zoning Board has reviewed this project
and recommended conditions for approval and is satisfied with the explanation given by the engineering firm
that the Florida Department of Transportation will not spend time processing an application prior to a municipality
approving the concept. Commissioner Price stated that he is satisfied that if all of the conditions are met, no
permit will be issued by this Town for construction to begin.
Commissioner Wilson asked Mr. Vaheed that when he applies for a permit for a driveway or parking places,
does the Department of Transportation process this for a fee? Mr. Vaheed stated that they charge $250 for a
driveway permit and they will review it, but not give you a permit until the Town has approved the project.
Mayor Walters opened the public hearing to public comments.
Alice Graham, 305 Third Avenues commented that she believes she remembers the new building official saying
that the Florida Department of Transportation approval had to be met. Ms. Graham commented that the Town
keeps giving variances and this is a small lot and this is practically a motel and there is a dangerous corner and
there are driveways on the road. Ms. Graham stated that she believes the Town should have Department of
Transportation approval. Ms. Graham commented that the Town should make sure that the codes are adhered to.
Gail Gowdy, 215 Ash Avenue commented that as a member of the Planning and Zoning Board, she believes
the conditions for approval of a site plan should be met prior to moving on to the next step.
Commissioner Price stated that no construction will take place unless every condition is met. Town Manager
Higginbotham responded that this is true. Ms. Graham questioned the idea of the Rydsons not being able to
perform any activities until all of the conditions are met and Town Attorney Gougelman advised that they may
be able to obtain a demolition permit, which they can do without a site plan.
Mayor Walters read into the record a letter he wrote to the Town Manager regarding a critical letter sent to the
Town by Michael and Linda Rydson, “I was somewhat perturbed when I read the letter from the Rydsons, I guess
more of the tone of the letter than anything else. It would appear that they believe the Town is solely responsible
for their delays and I thought it prudent to set the public record straight. The Rydsons purchased the property
in question prior to requesting the Town grant a variance to allow for a bed and breakfast establishment. The
sale, therefore, was not contingent upon the Town granting a variance of any kind, but was requested after the
fact. The Rydsons must have assumed the Town would grant a variance to allow a bed and breakfast
establishment. On or about July 16, 2003, a little more than a year ago, the Rydsons submitted to the
Town of Melbourne Beach, a written proposal outlining the reasons the Town Commission should approve
the zoning change. They and their proposal were sent to the Planning and Zoning Board for review. Now
the only political wrangling that I am aware of is that which was created by those who did not agree with the
proposed change. Or more to the point, encouraging tourism in our small community. Certainly everyone
has the right to be heard. The purchase of the property in Melbourne Beach does not automatically ensure
that you can do what ever you want with the property as soon as you want to do it. After review of the proposal
and listening to all those who felt the change should or should not be made, the Town Commission by majority
vote, approved the zoning change request. From that point on, the Rydsons knew and stated publically that
they were pleased and would develop a site plan and return it for approval. Months went by before the Rydsons
returned and requested additional variances. The Board of Adjustment approved those additional variances,
later, Planning and Zoning approved the site plan subject to several conditions. I am not sure what the Rydsons
mean by the endless stream in revisions that have grown out of the political wrangling. I know of no such
changes and revisions that were not directly tied to the fact that the Rydson’s plan for the existing buildings
do not meet our current zoning and building codes. When the Town Commission reviews a proposal, it is
under the assumption that the future site and building plans will meet or exceed our current zoning and
building codes. To say that three (3) Town Managers, the Town Commission, the Town Planner and the
Town Building Official reviewed the plan numerous times means nothing, let alone the implication that
because they were reviewed by Town Officials, the proposed plan would automatically be approved by
our governing boards. I have never seen, reviewed or approved any site plan or building plans without first
receiving a recommendation from our boards. When requesting the Town to allow non-conforming buildings
to circumvent the building codes, one can and should assume it will take time to hold the proper hearings
and study the request. I voted, “yes” to changing our zoning code to allow bed and breakfasts, nothing more.
Thereafter it was and is the Rysdon’s responsibility to assure compliance with all Town codes. I think the
Town has been more than gracious in granting numerous variances and a zoning change to allow the Rydsons
to build a for profit, commercial business on the site. I take exception to their letter that implies otherwise.
Steve Walters, Mayor”.
Commissioner Stacey verified that the site plan cannot move forward to the Florida Department of Transportation
unless the Town Commission approves it tonight.
COMMISSIONER PRICE MOVED, SECOND VICE MAYOR GUGLIETTA THAT THE RECOMMENDATION FROM
THE PLANNING AND ZONING BOARD REGARDING FINAL SITE PLAN FOR A BED AND BREAKFAST TO BE
LOCATED AT 201 OCEAN AVENUE BE APPROVED AS WRITTEN, SUBJECT TO ALL CONDITIONS BEING MET
PRIOR TO A BUILDING PERMIT BEING ISSUED.
VOTE AFTER COMMENT: COMMISSIONER PRICE, AYE. VICE MAYOR GUGLIETTA, AYE. COMMISSIONER
STACEY, AYE. MAYOR WALTERS, AYE. COMMISSIONER WILSON, NAY.
MOTION CARRIED.
Commissioner Wilson commented that he does not think it is the Town Commission’s obligation to take
somebody’s word without the Town Manager calling the Department of Transportation and finding out whether
or not that driveway and parking permit can be issued without us passing this tonight. Commissioner Wilson
commented that he believes there is a potentially hazardous situation with people backing out on the east
bound lane of Highway A1A.
II. PRESENTATIONS BY SPECIAL GUESTS:
A. DEBBIE BRADLEY, HOYMAN, DOBSON & COMPANY, P.A. -
PRESENTATION OF TOWN OF MELBOURNE BEACH FINANCIAL STATEMENTS FOR THE YEAR
ENDED SEPTEMBER 30, 2003.
Debbie Bradley of Hoyman, Dobson & Company, P.A. presented the Town’s audited Financial Statements for
the year ended September 30, 2003. Ms. Bradley stated that the Town received a clean, unqualified opinion
on the financial statements, which means everything is accurately stated in accordance with government
auditing standards and generally accepted accounting principles. Ms. Bradley pointed out that the General
Fund total of the Town went from $1.5 million for the previous year to $1.2 million this year, which is about a
$300,000 decrease because expenditures exceeded revenues. Ms. Bradley reported that the increase in
expenditures were due to the Finance Manager’s salary, temporary building leases, health insurance increases,
increases in pension expense, the purchase of two (2) Ford Explorers, and Police Chief’s salary. Ms. Bradley
pointed out that the municipal complex capital outlay spent was about $1.6 million. Ms. Bradley stated that
the Town should have at least one-quarter of its expenditures in fund balance set aside and the Town has
$1.7, and should have approximately $400,000 in case of emergencies and has $960,000. Ms. Bradley
reviewed the report on compliance and internal controls and advised that there was one condition on internal
control regarding the bank reconciliations not being done or not being done on a timely basis, but reported that
they are now caught up to date. Ms. Bradley commented that there were repeated recommendations for
improvements in the Management Letter from the prior year.
Vice Mayor Guglietta stated that the Town spent $50,000 in new software, hired a Finance Manager and has
a Finance Clerk and asked why it took so long to get this audit completed? Ms. Bradley stated that records
were not in good condition and no one could print out the records from the software. Ms. Bradley stated that
they had to piece the information together and there was a lot of things that had not been done and the check
numbers did not match the checks.
Commissioner Price thanked Hoyman Dobson & Company for the audit and the extra work done to bring the
audit to the Town Commission. Commissioner Stacey agreed.
Mayor Walters opened the meeting to public comment regarding the annual audit.
Susan Stark, 307 Fifth Avenue asked if the auditing firm is confident that the starting figures seems to be in
order from the figures the Town received from the former accounting firm the Town outsourced with and Ms.
Stark was advised that it is. Ms. Stark asked about a figure on Page 25 of $81,411 under volunteer fireman’s
contribution and stated that she has asked several Town employees and no one can answer the question.
Ms. Bradley commented that it was money that was used to buy some fixed asset and stated that she will
look into this question.
Gail Gowdy, 215 Ash Avenue asked if the accounting software the Town purchased is still being used and
was advised that it is. Ms. Gowdy asked if the Town is addressing the problems with the software? Town
Manager Higginbotham stated that the Town is not using the software to the extent of its ability, but we will
not be in this position next year.
Jim Hunter, 321 Banyan Way stated that he uses Quickbooks in his business and would it not be better to
use this program, and why do we need a software program like we have?
Mayor Walters stated that he would like to make it a part of this record that during the 2003 budget process,
he voted against adopting the budget and was criticized for micro managing because he insisted that the Town
could not obtain the revenue the Town Manager was projecting and that the 8% increase in salaries was going
to put the Town in a deficit, in fact in the December 18th minutes, he was asking about a deficit and that now
the Town has learned that had we not used our reserve funds, we would have been $200,000 over. Mayor
Walters reviewed a memo he had sent to the former Town Manager, Bill Hoskovec regarding the budget
workshops and how the amounts in budgeted line items were changed from workshop to workshop and how
he did not receive requested justification regarding budget items. Mayor Walters stated that for those who
are critical now, this is why he was making his comments while trying to make a balanced budget rather
than some wish list in the sky which the Town eventually passed and over spent by some $200,000.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY THAT THE FINANCIAL STATEMENTS
FOR THE YEAR ENDED SEPTEMBER 30, 2003 AS PREPARED BY HOYMAN, DOBSON & COMPANY, P.A.
BE APPROVED AS PRESENTED.
VOTE: ALL AYES. MOTION CARRIED.
B. APPROVAL OF FINAL INVOICE FOR THE COMPLETION OF THE SEPTEMBER 30, 2003 AUDIT.
The Town Commission reviewed the final invoice received from Hoyman, Dobson and Company regarding
completion of the September 30, 2003 audit.
Town Manager Higginbotham commented that the extra work the auditor had to put in exceeded $20,000 and
they agreed to accept $10,000.
COMMISSIONER PRICE MOVED, SECOND VICE MAYOR GUGLIETTA TO APPROVE FOR PAYMENT INVOICE
NUMBER 00134431 IN THE AMOUNT OF $10,000 FROM HOYMAN, DOBSON AND COMPANY FOR THE
COMPLETION OF THE SEPTEMBER 30, 2003 AUDIT.
VOTE: ALL AYES. MOTION CARRIED.
C. AUDIT ENGAGEMENT LETTER FOR THE YEAR ENDED SEPTEMBER 30, 2004.
Town Manager Higginbotham stated that he is recommending approval of the audit engagement letter and
that he recognizes that the auditors were not at fault with the previous problems with the audit and the Town
must move forward with the current audit for the year ended September 30, 2004. Town Manager Higginbotham
stated that the estimated cost of the current year’s audit is between $19,500 and $22,000.
Mayor Walters passed the gavel to Vice Mayor Guglietta to address this agenda item and stated that
in the years 2001-2003, the audit engagement letter dated July 27, 2001 showed a cost of $12,400 for
those three (3) years and the actual billing for the audit of 2001, the Town paid $17,700 and for 2002, we
paid $21,000 and we have paid considerably more than the estimated costs for these audits. Mayor
Walters stated that he would like to see if this audit can go out to bid as there is no firm price and each
year we pay more for the audit. Commissioner Wilson asked why would we want to change auditors at
this point, now that we finally have some stability? Commissioner Price verified the costs of the 2001 and
2002 audits with Mayor Walters and stated that the engagement letter is standard and we have had
management problems in the past, but if you are prepared for the auditors and can provide them with
the records, they can get an audit done in a reasonable amount of time, but if they have to reconstruct
the records, they will be here for awhile, if they are even willing to do so. Commissioner Price stated
that the auditors are estimating services to be $13,000 but with the unfunded mandate GASB, they
estimate from $6,500 to $9,000 for the GASB. Commissioner Price stated that this is pretty much
what we have been spending all along.
Mayor Walters commented that he would like the Town to see if there are other qualified auditors out
there and request for bids, according to our own rules. Vice Mayor Guglietta commented that this
auditing firm knows the Town and the problems in the finance area. Town Manager Higginbotham
responded that he does not want to delay this audit, but if the Town Commission wants to bid the
audit, he will. Commissioner Price asked if the Town were to engage Hoyman and Dobson tonight,
when will the start of the audit be and what is the estimated time of completion? Debbie Bradley
responded that it is when the Town is ready, and the software is not working properly, it is good
software as it works fine for Satellite Beach, but it requires someone with expertise, you need a
good finance person who understands government accounting. Ms. Bradley commented that this
is the best price she can give the Town.
MAYOR WALTERS MOVED, SECOND COMMISSIONER STACEY TO DIRECT THE TOWN MANAGER TO
LOOK TO OTHER SOURCES FOR THE TOWN’S AUDIT AND BRING BACK THE BIDS TO THE TOWN
COMMISSION AS SOON AS POSSIBLE. VOTE: AFTER COMMENT. COMMISSIONER STACEY, AYE.
MAYOR WALTERS, AYE. VICE MAYOR GUGLIETTA, NAY. COMMISSIONER PRICE, NAY.
COMMISSIONER WILSON, NAY.
MOTION DEFEATED.
Mary Prewitt, 222 Fifth Avenue commented that her experience with Hoyman Dobson, in the previous years,
even though they have had a set amount in the budget, they always exceeded the budget and they have
always been willing to work with the Town to keep this amount close to the budgeted amount. Another
firm may come in lower, but the amount may far exceed a bid from Hoyman Dobson.
Town Attorney Gougelman commented that the Town’s bid requirements relate to the purchase of services
and supplies and professional services are not included, so technically this does not fall within the bidding
requirements, but periodic bidding or request for proposals is being suggested, which is good business
practices, but you do not have to do this and can reauthorize Hoyman and Dobson to do the audit.
Mayor Walters asked for a copy of Hoyman and Dobson’s peer report. Ms. Bradley stated she will
forward a copy.
COMMISSIONER PRICE MOVED, SECOND VICE MAYOR GUGLIETTA THAT THE ACCEPTANCE LETTER
FROM HOYMAN, DOBSON AND COMPANY BE APPROVED AND THAT THE TOWN MANAGER INITIATE THE
AUDIT TO GET IT DONE AS TIMELY AS POSSIBLE. VOTE: COMMISSIONER PRICE, AYE. VICE MAYOR
GUGLIETTA, AYE. COMMISSIONER STACEY, AYE. COMMISSIONER WILSON, AYE. MAYOR WALTERS, NAY.
MOTION CARRIED
III. NON-SCHEDULED CITIZEN COMMENTS
Gail Gowdy, 215 Ash Avenue commented that she is asking on behalf of the Beach Gardeners for replacement
signs in Bicentennial Park due to damage from the hurricanes. Ms. Gowdy asked if there is any FEMA money
to replace the signs or if the Town could replace the signs? Town Manager Higginbotham reported that several
signs were lost during the hurricanes and they will be replaced. Ms. Gowdy commented that she feels that it
was wrong for Commissioner Price to accept over $1,000 in campaign money from the same family that is suing
the Town, one of our Commissioners and several of our residents and stated that this person’s issues are not
settled and will come before the Town Commission again. Ms. Gowdy stated that it has the appearance that
Commissioner Price’s vote might be for sale and asked what he was thinking in taking this money. Ms.
Gowdy commented that he has lost her vote come November 2nd. Commissioner Price responded that he is
now running for reelection and has been in office for two years and the last election he funded out of his own
pocket. Commissioner Price commented that he had a lot of people encourage him to run, because there
were problems in the Town but nobody gave him money to support his campaign. Commissioner Price
responded that if anyone in Melbourne Beach would donate money to support his campaign, he will accept it.
Susan Stark, 307 Fifth Avenue thanked the Town Staff, Town Commission and all volunteers who distributed
ice and water through the two hurricanes that his this Town.
IV. APPROVAL OF MINUTES: AUGUST 11, 2004 SPECIAL MEETING,
AUGUST 11, 2004 BUDGET WORKSHOP,
SEPTEMBER 8, 2004 BUDGET PUBLIC HEARING,
SEPTEMBER 8, 2004 SPECIAL MEETING,
SEPTEMBER 15, 2004 BUDGET PUBLIC HEARING AND
SEPTEMBER 15, 2004 REGULAR MEETING.
iMayor Walters requested that in the minutes of September 15, 2004 regular meeting, on Page 6, change the
ithird paragraph to read, “Mayor Walters thanked Commission Wilson for picking up some of the special needs
iresidents and escorting them from the shelters and taking them to their homes.”
COMMISSIONER WILSON MOVED, SECOND VICE MAYOR GUGLIETTA TO APPROVE THE MINUTES OF
AUGUST 11, 2004 SPECIAL MEETING, AUGUST 11, 2004 BUDGET WORKSHOP, SEPTEMBER 8, 2004
BUDGET PUBLIC HEARING, SEPTEMBER 8, 2004 SPECIAL MEETING, SEPTEMBER 15, 2004 BUDGET
PUBLIC HEARING AND SEPTEMBER 15, 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:
A. APPROVAL OF PURCHASE OF CITATION EQUIPMENT FOR POLICE VEHICLES.
B. APPROVAL OF PURCHASE OF VARIOUS HOSE AND FIRE FIGHTING ITEMS FOR THE
RECENTLY PURCHASED FIRE TRUCK.
C. APPROVAL OF FUNDBALANCE, INC. ANNUAL MAINTENANCE AGREEMENT.
D. APPROVAL OF THE TOWN MANAGER AS AN ALTERNATE MEMBER OF THE BREVARD
COUNTY MPO TECHNICAL ADVISORY COMMITTEE.
E. ACCEPT RESIGNATION OF JAMES L. ZAMBO FROM THE PARKS BOARD.
COMMISSIONER PRICE MOVED, SECOND VICE MAYOR GUGLIETTA TO APPROVE THE CONSENT
AGENDA AS PRESENTED: APPROVAL OF PURCHASE OF CITATION EQUIPMENT FOR POLICE VEHICLES;
APPROVAL OF PURCHASE OF VARIOUS HOSE AND FIRE FIGHTING ITEMS FOR THE RECENTLY
PURCHASED FIRE TRUCK; APPROVAL OF FUNDBALANCE, INC. ANNUAL MAINTENANCE AGREEMENT;
APPROVAL OF THE TOWN MANAGER AS AN ALTERNATE MEMBER OF THE BREVARD COUNTY MPO T
ECHNICAL ADVISORY COMMITTEE; AND ACCEPTANCE OF RESIGNATION OF JAMES L. ZAMBO FROM
THE PARKS BOARD.
VOTE: ALL AYES. MOTION CARRIED.
B. ORDINANCE 2004-09
AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING
TO POLITICAL SIGNAGE; MAKING FINDINGS; AMENDING SECTION 7A-52 (g) (12), APPENDIX A, TOWN
CODE; PERMITTING THE DISPLAY OF POLITICAL SIGNS; DELETING THE PROVISION THAT POLITICAL
SIGNS MAY ONLY BE DISPLAYED FOR ONE MONTH PRIOR TO AN ELECTION; PROVIDING FOR
SEVERABILITY/INTERPRETATION; PROVIDING FOR REPEAL OF ORDINANCES AND RESOLUTIONS
INCONSISTENT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING)
Town Attorney Gougelman read Ordinance 2004-09 by title. Mayor Walters commented that this ordinance
eliminates the 30 day time limit to put up political signs prior to an election because it is unconstitutional.
Mayor Walters commented that the Town received a letter from Tom Shaw on Riverside Drive opposing the
ordinance. Mayor Walters opened the public hearing for comments from the public. There were no public
comments.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO APPROVE ORDINANCE 2004-09
ON FIRST READING. AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY,
FLORIDA RELATING TO POLITICAL SIGNAGE; MAKING FINDINGS; AMENDING SECTION 7A-52 (g) (12),
APPENDIX A, TOWN CODE; PERMITTING THE DISPLAY OF POLITICAL SIGNS; DELETING THE PROVISION
THAT POLITICAL SIGNS MAY ONLY BE DISPLAYED FOR ONE MONTH PRIOR TO AN ELECTION; PROVIDING
FOR SEVERABILITY/INTERPRETATION; PROVIDING FOR REPEAL OF ORDINANCES AND RESOLUTIONS
INCONSISTENT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED.
VIII. NEW BUSINESS:
A. DISCUSSION AND POSSIBLE ACTION REGARDING INTERLOCAL AGREEMENT BETWEEN
BREVARD COUNTY AND THE TOWN OF MELBOURNE BEACH PROVIDING FOR PARTICIPATION IN
THE BREVARD COUNTY EDUCATIONAL FACILITIES IMPACT FEE.
Town Manager Higginbotham reported that the City of Melbourne has recommended some changes to this
interlocal agreement and it will go back to the County and recommended that the Town Commission hold
off on this for right now.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO TABLE AGENDA ITEM DISCUSSION
AND POSSIBLE ACTION REGARDING INTERLOCAL AGREEMENT BETWEEN BREVARD COUNTY AND THE
TOWN OF MELBOURNE BEACH PROVIDING FOR PARTICIPATION IN THE BREVARD COUNTY EDUCATIONAL
FACILITIES IMPACT FEE.
VOTE: ALL AYES. MOTION CARRIED.
B. DISCUSSION AND POSSIBLE ACTION REFERENCE PLACEMENT OF REQUIRED LEGAL
ADVERTISEMENTS AND OTHER ADVERTISING IN LOCAL NEWSPAPERS. (MAYOR WALTERS)
Mayor Walters stated that he received information from the Hometown news and advised that their cost
for placing legal ads in their newspaper is considerably less than advertising in the Florida Today and they
have more circulation and seem to meet the requirements of the Florida Statutes.
Town Attorney Gougelman stated that he and the Town Clerk looked at the possibility of using the Hometown
News and decided that we couldn’t because we were under the impression that the Hometown News is a brand
new newspaper, but it has apparently been around for well over one year, which is a requirement. Town
Attorney Gougelman stated that it appears that they probably do meet the requirements and recommended that
the Town Clerk preform a quick clarification that they do meet the requirements of the Florida Statutes.
Mayor Walters commented that the Town is spending approximately $7,000 per year for required legal
advertisements in the Florida Today Newspaper and it will be approximately $3,000 to advertise in the
Hometown News. Mayor Walters stated that in Melbourne Beach there is more circulation than Florida
Today Newspaper and the Hometown News is free.
Nick Mascia, representative of the Hometown News in Brevard County came forward and advised that the
Hometown News has been in business for 2 ½ years and 20,000 copies are mailed within an area from
the Pineda Causeway to Sebastian Inlet and the distribution in zip code 32951 is that over 6,000 are mailed
out. Mr. Mascia stated that Florida Statutes stipulate that your must be in publication for over 1 year, registered
with the post office and written in the English language. Mr. Mascia commented that the Hometown News is
a member of Independent Free Papers of America. Mayor Walters stated that the other requirement is that
you have to be published at least weekly and are required to supply an affidavit of publication.
Mayor Walters opened the meeting for public comment.
Ann Downing, 801 Pine Street commented that the Hometown News is an enjoyable newspaper and asked
what items are required to be published in the newspaper. Mayor Walters responded that they are public
hearing notices, budget adoption, request for sealed bids, elections and sample ballots. Ms. Downing
commented that these notices are important and the Town would want people to know about them. Ms.
Downing stated that if people want to be informed, they will pay the subscription for a newspaper and will
read and will not necessarily read a free newspaper. Ms. Downing commented that she appreciates the
attempt to save money, but not to jeopardize something in order to save that money.
IT IS THE CONSENSUS THAT THE TOWN COMMISSION ADD THE HOMETOWN NEWS AS A SOURCE TO
PUBLISH THE LEGAL ADVERTISEMENTS FOR THE TOWN, WHENEVER POSSIBLE AND THAT FOR
THE NEXT TWO-THREE TOWN NEWSLETTERS THE TOWN ADVISE THAT THE TOWN WILL BE USING
THE HOMETOWN NEWS IN ADDITION TO THE FLORIDA TODAY FOR LEGAL ADVERTISEMENTS.
C. APPOINTMENT OF A TOWN COMMISSION MEMBER AND RESIDENT OF THE TOWN OF
MELBOURNE BEACH TO THE MELBOURNE BEACH LIBRARY ADVISORY BOARD WITH A TERM
OCTOBER 20, 2004 THROUGH OCTOBER 20, 2006.
VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER STACEY TO TABLE APPOINTMENT OF A
TOWN COMMISSION MEMBER AND RESIDENT OF THE TOWN OF MELBOURNE BEACH TO THE MELBOURNE
BEACH LIBRARY ADVISORY BOARD WITH A TERM OCTOBER 20, 2004 THROUGH OCTOBER 20, 2006.
VOTE: ALL AYES. MOTION CARRIED.
IX. REPORTS:
A. TOWN ATTORNEY
There was no Town Attorney report.
B. TOWN MANAGER
Town Manager Higginbotham reviewed photographs of collapsed stormwater piping and sink-hole development
at Jasmine Drive and Andrews Drive with the Town Commission. He advised that he obtained one proposal
from Randy Wadsworth Grading and Drainage, Inc. in the amount of $9,600 to complete this project, which
is approximately 80 feet long. Town Manager Higginbotham requested that the Town Commission waive
the bidding requirements on this project as it is an emergency situation due to the fact that the yard is
caving in and the resident is quite anxious to get this repaired.
Mayor Walters asked for public comment regarding this item. There was no public comment.
Commissioner Wilson commented that this area has a lot of corrugated aluminum piping and Town Manager
Higginbotham reported that there was a repair made in this area about a year ago, but the storms have
exascerbated the problems and the piping is rusting away.
VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER STACEY TO WAIVE THE BIDDING PROCESS
AND AWARD THE PROJECT TO RANDY WADSWORTH GRADING AND DRAINAGE, INC IN THE AMOUNT OF
$9,600. VOTE:
ALL AYES. MOTION CARRIED.
Town Manager Higginbotham reported that he attended a Parks Board meeting last week and the Board has
recommended a reinstatement of George Jones to show the Surf Films in Ryckman Park and that he meet
with Mr. Jones regarding his responsibilities for showing these movies. Town Manager Higginbotham reported
that the Movies in the Park was discussed and the Board recommended that Bruce Black take over the
showing of Movies in the Park. Mayor Walters commented that he would like to see a member of the Parks
Board take the responsibility to show the Movies in the Park, and if not, maybe someone from the Town
Commission could show the movies.
IT IS THE CONSENSUS OF THE TOWN COMMISSION THAT THE TOWN MANAGER TALK WITH MR. JONES
AND ADVISE HIM OF THE RULES TO SHOW MOVIES IN THE PARK, WITH THE UNDERSTANDING THAT IF
THE RULES ARE VIOLATED AGAIN, HE WILL NO LONGER BE ALLOWED TO SHOW THE MOVIES.
Bruce Black, 508 Ocean Avenue commented that he spoke with Mr. Jones and he is no longer interested in
showing the Surf Movies in the Park and he may give this response to the Town Manager. Mr. Black
commented that he volunteered to show the Movies in the Park because he always attends and no one
on the Parks Board volunteered to do so. Mr. Black stated that the Board’s stipulation was that he would
have to bring the selections of the movies and the Board would select the movies and he would put the signs up.
Donnie Price, 506 Harland Avenue commented the there are a lot of young people who attend the Movies in
the Park and you have to check on safety and other things, not just show the movie.
IT IS THE CONSENSUS OF THE TOWN COMMISSION TO LEAVE THE MOVIES IN THE PARK TO THE TOWN
MANAGER’S DISCRETION TO WORK WITH THE VOLUNTEERS.
C. TOWN COMMISSIONERS
Vice Mayor Guglietta reported that on October 10 -12, he attended an Ethics Law conference in Tampa
and he will make a copy of the book to give to the Town Attorney, Town Commission and Town Manager.
Vice Mayor Guglietta reported he was in Town Hall signing checks and a gentleman came in from Sonitrol
and advised he needed to change the code to allow a security system change in the Fire Department and
the Town Manager questioned who authorized the change and was advised by Sonitrol that a gentleman
named Jeff gave permission. Town Manager Higginbotham stated that the issue was that Sonitrol was never
given direction as to who is authorized to make changes to the security system and this has been corrected.
Commissioner Price reported that the Town has had a successful year as shown in the audit and there has
been a lot of work done in this Town this year due to the many volunteers who are working for the best interest
of the Town.
Commissioner Stacey reported that he attended a meeting of the St. Johns River Water Management District
regarding the water sources. Commissioner Stacey reported that residents on Riverside Drive are asking
that someone plant some flowers at Riverside Circle Park and make it look like a park.
Commissioner Wilson reported that everyone needs to be prepared for the Iceman’s Ball on October 30th and
advised that the proceeds from the ball will go toward the restoration of the Ryckman House and possibly other
structures that have historical value to the Town. He reported that the ball will be a family affair with everything
from trick or treating to square dancing and pony rides and will be held from 4:00 p.m. to 8:00 p.m.
Mayor Walters asked if a waiver was put together to waive the building permit fees for hurricane damage?
Town Manager Higginbotham reported that he will look into this. Mayor Walters thanked all of the kids who
worked hard delivering ice and water during the hurricanes. Mayor Walters reported that the Town newsletter
was postponed for two weeks because of the hurricanes and it was sent to the post office on the 13th and
reported that he contacted the post office and was advised that because of all of the political bulk mailing, it
should be in our mailboxes any day. Mayor Walters commented that the Brevard County firefighters and EMS
services are at the Town facilities while their department is being repaired.
Mayor Walters reported that the Town received a public records request from another Town official and
requested a consensus of the Town Commission not to charge for this public records request of a former
employee’s personnel file.
IT WAS THE CONSENSUS OF THE TOWN COMMISSION NOT TO CHARGE ANOTHER PUBLIC OFFICIAL
FOR PUBLIC RECORDS REQUESTS.
Mayor Walters complimented the Town Manager for his quick responses to his requests for information.
Mayor Walters commented that when an elected official is taken to task, he should be able to take criticism
from the public.
IX. 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 9:48 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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