TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - Regular Meeting
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Wednesday
November 17, 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 Stacey at 6:30 p.m. on Wednesday, November 17, 2004 in the Community Center. Mayor
Stacey also led the Pledge of Allegiance
Present:
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Mayor Stacey
Vice Mayor Guglietta
Commissioner Price
Commissioner Walters
Commissioner Wilson
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Others Present:
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Town Attorney Gougelman
Town Manager Higginbotham
37 members of the public
Town Clerk Masny
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I. CHANGES TO THE AGENDA
Mayor Stacey requested that agenda item VII. B. be moved up to the first item for discussion and
possible action. Commissioner Walters requested that agenda item VII. D. be moved up on the agenda
to as soon as possible. There were no objections from the Town Commission.
VII.B. CORRECTION TO APPOINTMENTS TO THE PARKS BOARD. (MAYOR STACEY)
Mayor Stacey stated that at the September 15, 2004 meeting, the Town Commission failed to move alternate
member #1, on the Parks Board, Cindy Schuster, to a regular member, instead, the Town Commission appointed
D.X. Ross to a regular member and she should have been appointed in the alternate #1 position. Mayor Stacey
passed the gavel to Vice Mayor Guglietta to make a motion.
MAYOR STACEY MOVED, SECOND COMMISSIONER WALTERS THAT D.X. ROSS BE APPOINTED TO THE
ALTERNATE #1 POSITION AND CINDY SCHUSTER BE APPOINTED TO A REGULAR MEMBER ON THE
PARKS BOARD.
VOTE: ALL AYES. MOTION CARRIED.
II. PRESENTATION BY SPECIAL GUESTS:
A. TOWN ATTORNEY GOUGELMAN TO PRESENT “CERTIFICATES OF ELECTION” TO MAYOR
STACEY, COMMISSIONER DONNIE L. PRICE AND COMMISSIONER SANDY WILSON
Town Attorney Gougelman presented Certificates of Election to Mayor William G. Stacey, Commissioner
Donnie L. Price and Commissioner Sandy Wilson.
B. MELBOURNE BEACH ROTARY CLUB - PRESENTATION OF CEREMONIAL CHECK
RE: “ICEMAN’S BALL”
Sharon Cody of the Melbourne Beach Rotary Club presented a ceremonial check in the amount of $2,572.27
to the Town representing proceeds from the Iceman’s Ball.
III. NON-SCHEDULED CITIZEN COMMENTS
Scott Herbert, 211 Flamingo Lane commented that there is a lot down the street from his house that had
approximately 14 trees on it and there are only 3 trees on the lot now. Mr. Hebert advised that there were
no building or land clearing permits issued for this lot and there are forms there for a concrete slab to be poured.
Mr. Herbert commented that he has contacted Town Hall and been advised that either the Town Manager or
Building Official will call him back, but he has received no return phone call. Mr. Herbert commented that
the code allows, in the event that a tree is unsafe that permission must be given and a permit must be applied
for and issued and Town Code section 9A-12 penalty, the fines will be determined by the Code Enforcement
Board. Mr. Herbert commented that within the next 72 hours, he will put in a written complaint and expects
resolution on this. The Town Commission requested that Town Manager Higginbotham address this issue.
Frank Thomas, 606 Atlantic Street commented that he would appreciate accuracy and honesty in articles
that are copyrighted and referred to an article in the Beachcomber regarding the Iceman’s Ball. Mr. Thomas
commented that this article is straight from something he wrote with no attribution to the source and that he
does not mind, but would like the recognition. Mr. Thomas commented that the history section on the Town’s
website is riddled with errors. Mr. Thomas was asked to prepare the corrections to the website and forward
them to the Town Clerk.
Tom Shaw, 406 Riverside Drive commented that the Town’s website is archaic, abominable and does not
work and provides no information. Mr. Shaw commented that backup for the agenda should be available on
the website for residents to review. Mr. Shaw also commented that he hosts the website for the Sebastian
Inlet Tax District and advised that GS1-S is driven by the State Librarian regarding the requirement of retention
of e-mail records and commented that the Town Commission is using their own email for Town business which
is inappropriate and requested that the Town generate an email address for each member of the Town Commission.
Town Attorney Gougelman advised that a Town email address might be a good idea.
IT IS THE CONSENSUS OF THE TOWN COMMISSION THAT THE TOWN PROVIDE EACH TOWN COMMISSIONER
WITH AN TOWN EMAIL ADDRESS.
Susie Stark, 307 Fifth Avenue commented that the more things change, the more they stay the same and
commented that she hopes the Town Commission will be reasonable, responsible and respectful at all times
and when viewing citizen comments, the same should apply. Ms. Stark commented that the Town Commission
should rethink its routine use of email to communicate.
Melvin Mallonee, 206 Surf Road commented that the Ryckman House was restored by an ad hoc committee
and that it should be dressed up for Founders Day. Mr. Mallonee commented that there are a lot of people
in Melbourne Beach who believe the Town is a fine place and to keep it this way is to take care of the heritage.
Mike McCabe, Councilman in Indialantic commented that Dick Martins from Brevard County gave a presentation
to the Indialantic Town Council regarding wastewater overflow at Miami Avenue and Riverside Drive. Mr. McCabe
advised that the wastewater system flows north and south and the recent hurricanes caused a loss of power,
thus the system problems. Mr. McCabe suggested that the Town Commission invite Mr. Martins to attend a
meeting to see if there can be some type of alternate power source to keep these lift stations running to avoid
problems. Town Manager Higginbotham responded that he is aware of the situation and has met with the
Indialantic Town Manager and Town Attorney and will be meeting with Mr. Martins to address the situation.
Tom Shaw, 406 Riverside Drive commented that for 12 months the County and City of Melbourne have been
looking at the lift station and they relayed to him that there is a lift station down by the golf course which is
required to have 2 large pumps and they downsized the pump in Town and have never installed the second
pump by the golf course. Mr. Shaw commented that the majority of the sludge in the street during the
hurricanes was river water.
Frank Thomas, 606 Atlantic Street commented that with Resolution 482, the Town designated the Ryckman
House an historic building of the Town and commented that there is no money in the budget to maintain the
Ryckman House or old Post Office building.
IV. REPORTS BY ANY TOWN BOARD OR COMMITTEE SUBMITTING A REPORT
Joy Campbell, Parks Board Chairman reported that the annual Christmas Tree lighting will be December 9th
beginning at 6:00 p.m. and December 11th is the Christmas Parade and there will be a movie in the park on
November 27th. She reported that on December 11th the movie will be Santa Clause II. Ms. Campbell
commented that she will contact the Fire Department to possibly postpone the parade for later in the
day on December 11th. After the holidays, the Board will begin preparing for Founders Day. Ms.
Campbell reported that the Parks Board would like Bruce Black to be appointed to the Parks Board.
V. OLD BUSINESS:
A. ORDINANCE 2003-03
AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING
TO POLICE RETIREMENT BENEFITS; PROVIDING FOR AN ADDITIONAL $10 PER MONTH RETIREMENT
BENEFIT FOR CERTAIN POLICE OFFICERS; PROVIDING FOR THE REPEAL OF ORDINANCES AND
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND INTERPRETATION;
PROVIDING AN EFFECTIVE DATE; AND PROVIDING AN ADOPTION SCHEDULE. (SECOND AND FINAL
READING) (TABLED DECEMBER 17, 2003)
VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER WILSON TO REMOVE ORDINANCE 2003-03
FROM THE TABLE FOR DISCUSSION AND POSSIBLE ACTION.
VOTE: ALL AYES. MOTION CARRIED.
Town Attorney Gougelman read Ordinance 2003-03 by title. Commissioner Walters stated that the Town
Commission tabled this agenda item for months until after the audit was complete to know if we had the
funding for this benefit and at the second budget workshop, we were advised that there was a $200,000
deficit and we decided in our budget workshop that this year we would not fund any additional benefits and
that there would be no salary increases for any employee who received 8 percent last year.
Town Attorney Gougelman stated that the ordinance has been advertised for public hearing and the Town
Commission needs to take public comment.
COMMISSIONER WALTERS MOVED THAT THE TOWN COMMISSION DENY THIS BENEFIT UNTIL FURTHER
STUDY, UNTIL SUCH TIME AS THE TOWN COMMISSION DETERMINES WE ARE IN FINANCIAL POSITION
TO AWARD THE BENEFIT.
MOTION DIES FOR LACK OF A SECOND.
Mayor Stacey opened the meeting to public regarding Ordinance 2003-03.
Brent Peoples, Chairman of the Police Pension Fund Board of Trustees advised that the Board brought
this to the Town Commission over a year ago and this is a benefit to the Police Officers to keep them
happy and a benefit to help attract potential employees. Mr. Peoples stated that the Board supports
this ordinance and Foster and Foster has estimated the cost is a little over $4,000 per year.
Patrick Donlan of Foster and Foster came forward and stated that the annual cost to the Town will be
$5,717 or 1.7% of payroll.
Commissioner Walters commented that this benefit will change the plan to give a $10 per month per year
of service benefit for those who retire in Melbourne Beach and serve 10 years or 55 years of age.
Commissioner Walters asked if the $5,717 figure is still accurate as it was done 2 years ago? Mr.
Donlan stated that the October 1, 2003 figure is similar and still includes the same group of people.
John Alpizar, member of the Police Pension Fund Board commented that the current benefit approved
by the Town Commission is that if someone retires from the Police Department with 20 years of service,
they receive $10 for every year of service, which is $200. At that time, there were 2 people who received
this benefit and no one else has received this benefit since. Mr. Alpizar stated that the Board is asking
for one-half of the benefit you give those 20 year officers to those who devote 10 years and these current
officers may not be able to give the Town 20 years and the purpose is to help defray the cost of health
insurance benefits to police officers. Mr. Alpizar commented that this is a very small benefit to encourage
the police officers to work here and urged the Town Commission to approve the ordinance. Commissioner
Walters commented that he was the first employee in the history of this Town to serve 20 years and the
Town just finished giving $80,000 in raises last year for Town employees.
Tom Davis, 318 Sixth Avenue commented that he has 30 plus years in Law Enforcement and the Town’s
Law Enforcement agency attracted him to this town and he would like to see the Town attract the older,
seasoned officer who understands the needs of the Town. Mr. Davis encouraged the Town Commission
that if there is any way at all to offer this benefit to the police officers, they should.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON THAT ORDINANCE 2003-03 BE
ADOPTED AS READ, AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY,
FLORIDA RELATING TO POLICE RETIREMENT BENEFITS; PROVIDING FOR AN ADDITIONAL $10 PER
MONTH RETIREMENT BENEFIT FOR CERTAIN POLICE OFFICERS; PROVIDING FOR THE REPEAL OF
ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND
INTERPRETATION; PROVIDING AN EFFECTIVE DATE; AND PROVIDING AN ADOPTION SCHEDULE.
VOTE AFTER DISCUSSION: COMMISSIONER PRICE, AYE. COMMISSIONER WILSON, AYE. VICE
MAYOR GUGLIETTA, NAY. COMMISSIONER WALTERS, NAY. MAYOR STACEY, AYE.
MOTION CARRIED.
Commissioner Walters stated that there is no money in the budget for this benefit and asked where the money will
come from? Town Manager Higginbotham responded that pursuant to the budget workshops, there was no money
set aside for this benefit and suggested that the funding come out of the contingency.
Patrick Dolan commented that every October, Foster and Foster reviews the plan for assets in the plan and future
retirement benefits and determines an amount the Town contributes each year.
Commissioner Price stated that the last actuarial analysis was based upon the previous period and was completed
in October 2002 and the previous period was possibly the lowest return in modern history on investments. This
$5,700 projected expense to the Town is based upon the continuation of returns on investment at the lowest in
modern history. Mr. Dolan responded that we have an 8% assumed investment return going forward from today
and the cost of the benefit is not related to the assets in the plan. Mr. Dolan commented that the $5,717 will
fund the future increased benefits. Commissioner Price commented that the Pension Fund Board has been
working on this for 2 years and they recommend it and the Town Commission should move forward to adopt
the ordinance.
Commissioner Walters asked if the ordinance can be modified to eliminate those who have already resigned
and are not retired from the Town and those who will retire and already have full medical coverage? Town
Attorney Gougelman responded that he thinks the Town could, but the question is how this would change
the actuarial outlook.
Commissioner Wilson stated that this comes down to the question, are we willing to spend $6,000 to keep
officers in the police department? Vice Mayor Guglietta commented that the Town just received the audit f
or 2003 and had a $200,000 deficit and we have an audit coming for 2004. Vice Mayor Guglietta commented
that he wants to make sure the Town can afford this benefit for the officers at this time.
VI. D. DISCUSSION AND POSSIBLE ACTION REGARDING AWARDING A 2% COST-OF-LIVING INCREASE
FOR TOWN EMPLOYEES. (VICE MAYOR GUGLIETTA)
Vice Mayor Guglietta reported that he received a copy of the base salaries of all Town employees for 2004
and during the budget process, the Town Commission discussed no merit increases for the fiscal year
2004/2005. Commissioner Walters stated that it was for no salary increases for those who received 8%
last year, merit increases will be considered on anniversary dates. Vice Mayor Guglietta asked if any Town
employees received a cost of living raise? Town Manager Higginbotham responded that based on instructions,
a cost of living of 2% was given to all employees that did not receive an 8% increase in the last fiscal year.
Vice Mayor Guglietta stated that he did not favor merit increases to those who received 8%, but thought we
were going to give the new employees, on their anniversary date a merit increase. Vice Mayor Guglietta
stated that he feels that if we give one employee a cost of living raise, we should give all employees a cost
of living raise.
Commissioner Price commented that in the meeting when the Town Commission dealt with this, we tasked
the Town Manager with the responsibility to make these determinations and the Town Commission should
not take action on this.
Commissioner Walters commented that this has been discussed several times and the argument has been
that we gave the employees $80,000 last year and if we raise taxes 10%, it will bring in $80,000. Commissioner
Walters commented that we had all agreed that the Town Manager would come back at mid-budget review and
address this subject.
Mayor Stacey opened the meeting to comments from the public.
Robert Belfatto, 505 Second Avenue commented that he ran a business for 22 years and never gave a cost
of living increase and believes that merit increases should be worth giving and employees should get what
they deserve in a merit increase.
Mike Dodson, police officer of the Town for 11 years commented that of these 11 years there is no year that
he has not received a pay raise. There have been salary surveys done and we had our salary adjusted to
keep up with other departments. Last year we received 8% and if you thought we were over paid compared
to other departments, the Town Commission should have done its own salary survey. Mr. Dodson stated that
he has received a 7% or 8% salary increase at least one other time and no one told him he was overpaid at
that time. Mr. Dodson commented that new employees received a cost of living increase and they have only
been employed by the Town for 2-3 months. Mr. Dodson asked why should a new employee receive a cost
of living and others receive none?
Commissioner Price stated that the Town Commission has charged the Town Manager with the responsibility
to rationalize a salary plan and the decision of individual salaries should not be discussed here.
Mayor Stacey stated that he believes that a cost of living raise should begin on January 1st each year, the
same as social security and military pension. Mayor Stacey stated that the Town Manager will get back to
the Town Commission in January regarding a new salary plan.
Vice Mayor Guglietta commented that he will bring the subject of salary increases up as many times as
he likes and that he feels strongly that if one employee receives a cost of living raise, all employees should
receive it.
Commissioner Walters stated that the first four (4) meetings we had on this subject, we agreed that those
employees who did not receive the 8% last year, could receive a cost of living and merit, up to a maximum
of 3.5% on their anniversary date.
B. 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. (TABLED OCTOBER 20, 2004)
COMMISSIONER WILSON MOVED, SECOND VICE MAYOR GUGLIETTA TO REMOVE THIS AGENDA ITEM
FROM THE TABLE FOR DISCUSSION AND POSSIBLE ACTION.
VOTE: ALL AYES. MOTION CARRIED.
Town Attorney Gougelman stated that regardless of whether or not this agreement is accepted, there will be
a school impact fee put in place throughout Brevard County. He explained that the this is merely an administrative
agreement between the Town and Brevard County and the original agreement was unfavorable for the Town. The
City of Melbourne and Town of Indialantic objected to the original agreement and it has been suggested that the
County review previous agreement, which they did, and they have made all changes requested. The agreement
provides the process by which the county will administer these fees.
Mayor Stacey opened the meeting for public comments regarding this agenda item. There were no comments.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON TO APPROVE THE 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.
C. APPOINTMENT OF THE TOWN COMMISSION MEMBER AND RESIDENT OF THE TOWN OF
MELBOURNE BEACH TO THE MELBOURNE BEACH LIBRARY ADVISORY BOARD WITH A TERM
NOVEMBER 17, 2004 THROUGH NOVEMBER 17, 2005.
COMMISSIONER WALTERS MOVED, VICE MAYOR GUGLIETTA TO REAPPOINT SHIRLEY BACCUS AS
THE TOWN RESIDENT TO SERVE ON THE MELBOURNE BEACH LIBRARY ADVISORY BOARD WITH A
TERM NOVEMBER 17, 2004 THROUGH NOVEMBER 17, 2005.
VOTE: ALL AYES. MOTION CARRIED.
COMMISSIONER WILSON MOVED, SECOND VICE MAYOR GUGLIETTA TO REAPPOINT COMMISSIONER
WALTERS AS THE TOWN COMMISSION MEMBER TO SERVE ON THE MELBOURNE BEACH LIBRARY
ADVISORY BOARD WITH A TERM NOVEMBER 17, 2004 THROUGH NOVEMBER 17, 2005.
VOTE: ALL AYES. MOTION CARRIED.
VI. PUBLIC HEARING:
A. 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. (SECOND AND FINAL READING)
Town Attorney Gougelman read Ordinance 2004-09 by title.
Mayor Stacey opened the public hearing for comments regarding Ordinance 2004-09.
Tom Shaw, 406 Riverside Drive stated that there is a lot of verbiage quoting previous legal decisions and
asked if any decision is reversed how will it affect the ordinance? Town Attorney Gougelman responded
that during the last election, there was a lot of discussion that candidates should be allowed to display
their signs on an unrestricted basis. The issue was discussed by the Town Commission including a case
out of the middle district of Florida and it is a binding decision on the Town as we are in the middle district
of Florida, and this will bring us into compliance with these cases. If there were a case before the U.S.
Supreme Court and they decide that the decision should be up to the Town, the Town Commission could
reconsider this ordinance. Mr. Shaw asked why these cases are quoted in the ordinance because if one
of them is overturned, it will affect the ordinance and Town Attorney Gougelman responded that it will not.
Mr. Shaw stated that Paragraph 12.c. reads that signs need to be removed within 72 hours, and there is
no clause for penalty. Town Attorney Gougelman stated that this could be enforced through Code
Enforcement. Mr. Shaw stated that he believes that the residents will take it to heart to request that
the signage not go up until 30 days prior to the election.
Martha Remark, 707 Atlantic Street asked that if this ordinance passes tonight, she can put signs up
tomorrow? Town Attorney Gougelman responded that she can and this is a Constitutional issue and a
First Amendment right.
Vice Mayor Guglietta commented that he will not put up a sign until 30 days prior to an election.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON THAT ORDINANCE 2004-09 BE
ADOPTED 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.
Mayor Stacey called a 10-minute recess at 8:30 for punch and cookies and called the meeting back to
order at 8:40 p.m.
B. RESOLUTION NO. 745
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AUTHORIZING
THE ESTABLISHMENT OF A MONEY PURCHASE RETIREMENT PLAN TO BE ADMINISTERED THROUGH
THE ICMA RETIREMENT CORPORATION; MAKING FINDINGS; PROVIDING FOR A PLAN COORDINATOR;
AND PROVIDING AN EFFECTIVE DATE.
Town Attorney Gougelman read Resolution No. 745 by title. Town Manager Higginbotham stated that when
his contract was approved in April, he was given the option of joining the Town’s retirement plan or a deferred
compensation program and this plan is through ICMA and right now the plan is for the Manager, but it provides
an opportunity to add other employees at a later date.
Mayor Stacey opened the meeting to public comment regarding Resolution No. 756. There was no public comment.
VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER WALTERS TO ADOPT RESOLUTION 745 A
RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AUTHORIZING THE
ESTABLISHMENT OF A MONEY PURCHASE RETIREMENT PLAN TO BE ADMINISTERED THROUGH THE
ICMA RETIREMENT CORPORATION; MAKING FINDINGS; PROVIDING FOR A PLAN COORDINATOR;
AND PROVIDING AN EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED.
VII. NEW BUSINESS:
A. DISCUSSION AND POSSIBLE ACTION REGARDING TOWN ATTORNEY DRAFTING AN
ORDINANCE ADOPTING THE FLORIDA BUILDING CODE FOR REVIEW AND RECOMMENDATION
BY THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY.
Town Manager Higginbotham reported on March 1, 2002 the Florida Legislature adopted the Florida Building
Code and the Building Official has recommended that the Town adopt the Florida Building Code, which
supercedes the Town Codes and if the Town adopt this, it will allow the Code Enforcement Board to
enforce the code enforcement issues as set forth in the Florida Building Code.
Town Attorney Gougelman stated that this is a large section of the Land Development Code and requires
an ordinance to be drafted and the Planning and Zoning Board will need to review it for content and find it
consistent with the Comprehensive Plan and then the ordinance will come before the Town Commission
for public hearing on first and second reading.
Mayor Stacey opened the meeting for public comment regarding this agenda item. There were no public comments.
VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER PRICE THAT THE TOWN COMMISSION DIRECT
THE TOWN MANAGER AND TOWN ATTORNEY TO DRAFT AN ORDINANCE ADOPTING THE FLORIDA BUILDING
CODE.
VOTE: ALL AYES. MOTION CARRIED.
C. DISCUSSION AND POSSIBLE ACTION REGARDING A PROPOSED ADDITION TO THE TOWN
CHARTER REGARDING BUILDING HEIGHT. (VICE MAYOR GUGLIETTA)
Vice Mayor Guglietta reported that he put this on the agenda because the Town Commission adopted an
ordinance regarding the building height in town and it can be changed by a future Commission, but, if it is
in the Town Charter, the Town residents will have to vote on a building height change in Town. Vice Mayor
Guglietta stated that he would like this to go to a vote of the residents on the November 2005 ballot.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER WILSON THAT THE TOWN ATTORNEY
DRAFT A CHARTER AMENDMENT ORDINANCE FOR CONSIDERATION AND A VOTE OF THE RESIDENTS
IN THE NOVEMBER 2005 ELECTION.
VOTE: ALL AYES. MOTION CARRIED.
E. DISCUSSION AND POSSIBLE ACTION REGARDING PLANNING AND ZONING BOARD
PROCEDURES. (COMMISSIONER WILSON)
Commissioner Wilson reported that at the last meeting the Town Commission addressed a final site plan
and 5-8 months’ ago, he and Mr. King put together a flow chart outlining the process for obtaining the various
permits from the Town. Commissioner Wilson commented he would like to get something put together so
that the Town Commission will not have to act on a site plan or some other procedures before all requirements
of the Planning and Zoning Board are fulfilled.
Commissioner Wilson suggested a list of requirements be supplied to the applicant so that there are no
conditional approvals sent forward to the Town Commission.
Commissioner Price commented that the Planning and Zoning Board should have a process requiring
that every “I” is dotted and every “t” is crossed before going to the Town Commission for final approval.
Vice Mayor Guglietta commented that when a person applies for a building permit or whatever, he should
be given a checklist of requirements to know the procedures.
Mayor Stacey opened the meeting to public comment regarding this agenda item.
Martha Remark, 707 Atlantic Street commented that the procedure has always been in the Town code.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER WILSON TO DIRECT THE TOWN
MANAGER TO ADVISE IN WRITING THE PLANNING AND ZONING BOARD NOT TO BRING FORWARD
ANY SITE PLAN WHERE ALL OF THE CONDITIONS HAVE NOT BEEN MET.
VOTE: ALL AYES. MOTION CARRIED.
F. CONSIDERATION AND POSSIBLE ACTION REGARDING APPOINTMENT OF BRUCE BLACK TO THE
PARKS BOARD WITH A TERM NOVEMBER 17, 2004 THROUGH NOVEMBER 17, 2006.
Mayor Stacey stated that there is an opening in the alternate #2 position on the Parks Board.
Mayor Stacey opened the meeting to public comment regarding this agenda item.
Robert Belfatto, Parks Board member stated that James Zambo has resigned from the Board and the
Board has been short-handed for a while and asked that the Town Commission move forward and appoint
Bruce Black to the Board as Founders Day is coming up and the Town needs the volunteers on the Board.
Cindy Schuster, Parks Board member commented that Bruce Black comes to all meetings and the Board
has recommended that he be appointed.
Sue Stark, 307 Fifth Avenue commented that a few months ago a similar issue came up regarding appointing
someone on a board and the position was not advertised and the Town Commission recommended advertising
the position. Ms. Stark commented that there has been a notice on the bulletin board for a month and the
Town Commission should take the Board’s recommendation to appoint this person. Ms. Stark commented
that the Town has a hard time getting people to volunteer to serve on the Boards.
Bruce Black, 508 Ocean Avenue commented that at the last meeting when the Parks Board recommended
that he run the Movies in the Park, it was mentioned that a Parks Board member has to volunteer to do this
and Mr. Black advised that it does not say anywhere that you have to be a member of the Parks Boards to
volunteer.
Commissioner Walters asked Town Attorney Gougelman if an advisory Board has the right to appoint a
nonmember to help them out? Town Attorney Gougelman responded that they are an advisory board and
do not have the authority to hire people or sign contracts. Their role is advisory to the Town Commission
and the Town Commission must delegate this authority to an advisory board.
COMMISSIONER PRICE MOVED, SECOND VICE MAYOR GUGLIETTA TO APPOINT BRUCE BLACK IN THE
ALTERNATE #2 POSITION ON THE PARKS BOARD WITH A TERM NOVEMBER 17, 2004 THROUGH
NOVEMBER 17, 2006.
VOTE: ALL AYES. MOTION CARRIED.
Chairman Campbell asked that now that Mr. Black is on the Parks Board, can he show the Movies in the Park?
The Town Commission advised that as a member of the Parks Board he can.
COMMISSIONER WALTERS MOVED, THAT THE PARKS BOARD BECOME AN ADVISORY FOR ALL DECISIONS
CONCERNING THE FOUNDERS DAY CELEBRATION.
THE MOTION DIES FOR LACK OF A SECOND.
Donnie Price, 506 Harland Avenue advised that the Parks Board organizes and plans Founder’s Day, but does
not sign contracts. The Board selects the bands and decides events, but anything unusual goes to the Town
Manager for approval.
IT IS THE CONSENSUS OF THE TOWN COMMISSION THAT THE TOWN CLERK PUT A NOTICE IN THE
NEWSLETTER THAT THE TOWN IS SEEKING VOLUNTEERS FOR THE VARIOUS TOWN BOARDS.
G. APPOINTMENT OF A VOTING DELEGATE AND ALTERNATE VOTING DELEGATE TO THE
SPACE COAST LEAGUE OF CITIES TO SERVE JANUARY 2005 THROUGH DECEMBER 2005.
Mayor Stacey advised that Commissioner Price is currently the voting delegate and Vice Mayor Guglietta
is the alternate.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER WILSON THAT VICE MAYOR GUGLIETTA
BE THE VOTING DELEGATE TO THE SPACE COAST LEAGUE OF CITIES.
VOTE: ALL AYES. MOTION CARRIED.
Vice Mayor Guglietta resigned the appointment of voting delegate and advised that he would prefer to be
the alternate voting delegate to the Space Coast League of Cities.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER WILSON TO APPOINT COMMISSIONER
PRICE AS THE VOTING DELEGATE TO THE SPACE COAST LEAGUE OF CITIES TO SERVE JANUARY 2005
THROUGH DECEMBER 2005.
VOTE: ALL AYES. MOTION CARRIED.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON THAT VICE MAYOR GUGLIETTA BE
THE ALTERNATE VOTING DELEGATE TO THE SPACE COAST LEAGUE OF CITIES TO SERVE JANUARY
2005 THROUGH DECEMBER 2005.
VOTE: ALL AYES. MOTION CARRIED.
H. APPOINTMENT OF A REPRESENTATIVE TO SERVE ON THE SOUTH BEACHES COALITION
JANUARY 2005 THROUGH DECEMBER 2005.
VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER WALTERS TO APPOINT COMMISSIONER
WILSON TO SERVE AS THE TOWN’S REPRESENTATIVE ON THE SOUTH BEACHES COALITION FROM
JANUARY 2005 THROUGH DECEMBER 2005.
VOTE: ALL AYES. MOTION CARRIED.
I. SELECTION OF A VICE MAYOR TO SERVE NOVEMBER 2004 THROUGH NOVEMBER 2005
VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER WALTERS THAT COMMISSIONER SANDY
WILSON BE VICE MAYOR TO SERVE NOVEMBER 2004 THROUGH NOVEMBER 2005.
VOTE: ALL AYES. MOTION CARRIED.
Vice Mayor Guglietta commented that the Town needs to appoint someone to the Technical Advisory
Committee of the Metropolitan Planning Organization.
COMMISSIONER WALTERS MOVED, SECOND VICE MAYOR WILSON TO APPOINT COMMISSIONER
GUGLIETTA TO THE TECHNICAL ADVISORY BOARD OF THE BREVARD COUNTY METROPOLITAN
PLANNING ORGANIZATION.
VOTE: ALL AYES. MOTION CARRIED.
VIII. REPORTS:
A. TOWN ATTORNEY
There was no Town Attorney Report.
B. TOWN MANAGER
Town Manager Higginbotham commented that the Town Commission meetings have been set to begin at
6:30 p.m. and asked for a consensus to continue holding meetings at 6:30 p.m.
Connie Smith, 1908 Cedar Lane commented that it is true that the meetings were scheduled to be held on
the third Wednesday at 7:00 p.m. for the past few months they have been scheduled for 6:30 p.m. and if the
Town Commission wants to change the time, the resolution will need to be amended.
Susie Stark, 307 Fifth Avenue commented that starting meetings at 6:30 p.m. is a hardship on working people
and requested that the meetings begin at 7:00 p.m. Ms. Stark advised that she had heard this same
complaint from over a dozen people.
IT IS THE CONSENSUS OF THE TOWN COMMISSION TO KEEP THE MEETING STARTING TIME AT 7:00 P.M.
C. TOWN COMMISSIONERS
Commissioner Guglietta reported that he attended the meeting of the advisory board of the Metropolitan
Planning Organization and adopted the next 5-year plan of the county roadways and he received a map
of areas of roadways to be changed. Commissioner Guglietta reported that with the new rail system,
which will double the track in Titusville and they want the County and State to help with this project.
Commissioner Walters reported that the Town Commission discussed the idea of putting the Town budget
on the website and asked that this be done and also get a hold of Tom Shaw to see he will volunteer his
time to spruce up the website. Commissioner Walters commented that the term limit charter amendment
passed by 71%. Commissioner Walters commented that a couple of the Town residents would like
more equipment in the playground at Ryckman Park. Commissioner Walters thanked Gail Gowdy
for running the silent auction during the Iceman’s Ball. Commissioner Walters also thanked the Police
Department and other volunteers who helped out with the Iceman’s Ball. Commissioner Walters
commented that the Chief of Police and his family stayed for the hurricanes and he and his family
helped the Red Cross serve meals and did a fantastic job. Commissioner Walters congratulated
Mayor Stacey for being elected with 54% of the vote.
Commissioner Price thanked his supporters in the recent election. Commissioner Price reported that
there is a question regarding the Town code regarding waterfront properties and there is a situation
where a neighbor has built a dock up to the property line and the only way he can access the dock
is by bringing his boat in through his neighbor’s property. Commissioner Price stated that the Town
needs to address these properties and the issue of docks and rights of ownership into the canals
and the river.
Commissioner Wilson thanked the voters for their support and all the volunteers during the Iceman’s
Ball and thanked the police for their presence at the ball, and for not being overbearing. Commissioner
Wilson thanked the pubic works crew for their cleanup and preparation behind the scenes and for cutting
a tree that fell into an elderly lady’s back yard and advised that volunteers are needed to remove the tree.
Commissioner Wilson commented that if the Christmas parade can be moved back to Ocean Avenue,
he would like to revamp the railroad push cart down Ocean Avenue.
Mayor Stacey asked if it would be beneficial if the Town’s Code Enforcement Officer meet with the Town
of Indialantic and W.D. asked that correspondence be directed to him and advised that he will address this.
D. GENERAL COMMISSION DISCUSSION (TIME PERMITTING)
There was no general commission discussion.
IX. ADJOURNMENT
COMMISSIONER GUGLIETTA MOVED, SECOND VICE MAYOR WILSON TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The regular meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 10:05 p.m.
____________________________________
WILLIAM G. STACEY, 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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