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Minutes for Workshop Jan. 7. 2004

TOWN OF MELBOURNE BEACH

MINUTESTOWN COMMISSION - WORKSHOP

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WednesdayJanuary 7, 2004

COMMUNITY CENTER

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A workshop of the Town Commission of the Town of Melbourne Beach, Florida was called to order by Mayor Walters at 7:01 p.m. on Tuesday, January 7, 2004 in the Community Center. Mayor Walters also led the Pledge of Allegiance

Present: Mayor WaltersCommissioner GugliettaCommissioner PriceCommissioner StaceyCommissioner Wilson

Others Present: Town Attorney GougelmanBuilding Official MunroeFifteen members of the publicTown Clerk Masny

DISCUSSION OF POLICE CHIEF SELECTION PROCESS AND ELIGIBILITY LIST

Mayor Walters stated that in December, the Town had an eligibility list of candidates for the Police Chief position and had made an offer to a Mr. Harrison, who had accepted the offer, with some exceptions and the then Interim Town Manager, Connie Smith had interviewed him and others. Mayor Walters stated that his concern is that he has seen an advertisement in the Florida League of Cities Datagram and the Police Chiefs web site and that the Town has new ads running. Mayor Walters stated that the Town Attorney needs to give guidance on this. Mayor Walters asked Town Attorney Gougelman what is the Town’s responsibility because an offer is out, and the offer has been accepted, with the exceptions of a contract and moving expenses that were requested by Mr. Harrison?

Town Attorney Gougelman stated back in November when questions were raised about how to hire a Police Chief, he recommended that the Town send out a letter immediately to the top candidate, and, since that time there were negotiations back and forth. Town Attorney Gougelman stated that some type of offer was made and it was

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contingent on achieving a number of different things and the response from the applicant was that was all well and fine, but he wanted some other things, such as a contract and so on and so forth and this is a counter offer and the law will look at it that this negates the original offer. Town Attorney Gougelman advised that he does not think the Town has an obligation to go forward with this applicant. Town Attorney Gougelman stated that the Town needs to communicate with him. Town Attorney Gougelman stated that the Town will have a new manager with the resignation of interim manager and the Police Chief will be working for the new manager. Town Attorney Gougelman stated that the Town can try to salvage what is there, or can close the book and move forward and proceed with readvertising, and if the existing candidate tries to initiate legal action on a vested right to the position, the chances are he not prevail on the issue. Town Attorney Gougelman stated that he has discussed this with the Town’s Labor Law Attorney and he is of the same opinion.

Mayor Walters asked if the Town has voided the eligibility list by readvertising the Police Chief position? Town Attorney Gougelman responded that he does not know that the Town has officially voided it, but clearly, why would you readvertise if the list wasn't voided? Mayor Walters commented that there were different requirements in the two (2) advertisements, one (1) required a Bachelor’s degree and the other says it is preferred and one (1) advertisement lists the starting salary at $47,287 and the other gives a salary range of $47,000 to $66,000.

The Town Commission discussed that the Town Attorney notify the final candidates for the Police Chief position from the last advertisement as to the status of the position.

Vice Mayor Guglietta pointed out that he would like to see an advertisement similar to the one ran by the former Town Manager Bill Hoskovec, the one that included a closing date of July 1, 2002, with the exception of inserting a salary for the position. Vice Mayor Guglietta stated that former Interim Town Manager Smith advised him that she interviewed the three (3) finalists for the Police Chief position and she felt that they would not be good candidates for the position.

After public comment and additional Town Commission discussion, it was decided that the new advertisement for a Chief of Police be pulled from further advertising.

IT IS THE CONSENSUS OF THE TOWN COMMISSION TO CONTINUE THE PROCESS OF HIRING A POLICE CHIEF AFTER THE NEW TOWN MANAGER IS HIRED AND THAT THE TOWN ATTORNEY DOES NOT HAVE TO SEND A LETTER OUT AS PREVIOUSLY DISCUSSED.

CONTINUED DISCUSSION OF BUILDING CODES AND ZONING ISSUES

Mayor Walters stated that he had a concern after he received a telephone call from a resident of Sunset Boulevard regarding an older home next to him with a fireplace and the sparks are going onto his roof and he considered this to be dangerous as there is nothing in the code to require a cap or filter on the chimney. Mayor Walters asked Building Official Munroe to explain the situation.

Building Official Munroe stated that the resident was more concerned about the smoke because he has breathing problems and there is an ordinance about nuisances, obnoxious odors, noise and light and the ordinance says if you are creating a nuisance to your neighbor, you could be cited. Building Official Munroe stated that the letter was written, but the Interim Town Manager decided that this only dealt with businesses and not with individual residences and the letter is still waiting for someone to sign it and send it out. Building



Official Munroe stated that he feels the resident has a legitimate gripe and the Town should do something about this.

Town Attorney Gougelman stated that we are referring to Section 49-12 and reviewed the wording with the Town Commission and stated that the Town has the ability to cite the offender and take them before the Code Enforcement Board. Town Attorney Gougelman commented that a lot of times when you have a neighbor being obnoxious to another, they say that they will go to the Town to take action so that they don’t have to pay for an attorney and advised that the Town could try prosecution under Section 49-12 and take them to code enforcement or suggest that he address this in the courts.

Vice Mayor Guglietta suggested that the Town Planner work on this section of the code and also on Page 173, Section (5)a. and commented that this section needs to be updated. Town Attorney Gougelman stated that Section 5A has a variance procedure to build seaward of the Coastal Construction Control Line. Vice Mayor Guglietta stated there is a house on Atlantic Street with plans for a remodeling project of an existing structure and that there was a previous discussion at the joint workshop held with the Planning and Zoning Board two (2) days ago regarding a pre-existing non-conforming structure. Vice Mayor Guglietta asked Building Official Munroe if the homeowner can add onto a pre-existing non-conforming structure? Building Official Munroe stated that they can, but the code says you cannot increase a nonconformity and the way he interprets the ordinance, and he has discussed this with a title company and they concur, that if the house was built prior to 1972 and the side setback is less than what our present-day ordinance requires, that is the full length setback on that side of the house. Building Official Munroe stated that if they want to go closer to the property line, then they will need a variance for that.

Vice Mayor Guglietta asked Town Attorney Gougelman if this is correct and Town Attorney Gougelman stated that the Zoning Official, under the code, interprets the code and that is what his interpretation is.

The Town Commission heard public comment regarding existing non-conforming structures.

Mayor Walters asked Building Official Munroe what the Town can do for him to make his job easier to make decisions and help the Town enforce the codes? Building Official Munroe stated that he approved an extension of a seawall on the beach access at Third Avenue and DEP threatened to take the Town to court when all the property owner wanted to do was protect his seawall at the advice of the contractor to keep the sand from filtering around and destroying the existing part of the seawall.

Commissioner Price commented that the Town needs to put people in positions and have them understand what the Town is about, give them the responsibility to make decisions, and support them when they make those decisions. Commissioner Price stated that we need communication to these people so that they will make decisions that the Town Commission supports for the Town.

Commissioner Wilson stated that he would like to discuss a house in Town with an apparent change in design and the fact that we have not had the Building Official look at it as he maintains that he has to be invited to go onto the property in order to take a look at the situation. Commissioner Wilson stated that he wanted to get a consensus from the Town Commission to direct the Town Manager to direct the Building Official to get permission to go onto the property to look into the situation. Mayor Walters stated that if you are building a new home and have a building permit, and the Building Official’s job is to inspect that home as it is being built, why the Building Official cannot go onto the property to do his job without the permission of the owner.



Town Attorney Gougelman stated that he has never researched the issue nor has he heard it come up before because if you want a Certificate of Occupancy, the only way is if the Building Official inspects and makes sure the construction is compliant with the approved plans and codes.

Jack Hamilton, 303 Sunset Boulevard came forward and stated that he assumes the Town Commission is talking about his house and stated that the Building Official has been over to the house a dozen times and that he has no problem with him coming back to the house and that he does not know what the Commission is talking about.

Mayor Walters stated that the Building Official is going to Mr. Hamilton’s house as an official of the Town to do a specific task, and now there is a controversy as people are saying that the plans have been changed and the Building Official has said that the plans have been changed, and now we are looking to see if the plans have been changed or if this is another rumor.

Mr. Hamilton asked what the controversy is? Commissioner Wilson stated that on the original submission of the plans for the widow’s walk, the widow’s walk went the complete length of the roof line and apparently on the plans that he saw, that the Building Official had, the widow’s walk had been shortened by approximately 25 feet on each end of the home. Mr. Hamilton stated that this is not true and Commissioner Wilson stated that this is what we are asking the Building Official to look at. Mr. Hamilton stated that this would not be a problem.

Commissioner Price stated that the Building Official told us at the meeting that he did not know and he could not go and look at it because he is prohibited from seeing the property and we thought it was kind of outlandish that he was the Building Official and he could not go and see the property. Mr. Hamilton agreed with Commissioner Price and stated that it was mis-communication.

Mrs. Hamilton stated that they were told by the builder that Commissioner Wilson asked the Building Official to ask us to let the whole Commission come into our house on both floors and that’s when we said no. Mrs. Hamilton stated that the Building Official has been in our house many times and we are not hiding anything. Mr. Hamilton commented that he invited all of the Town Commission members, except for Commissioner Wilson.

Mayor Walters stated that the Building Official will go check the house and give the Town Manager a report. Mayor Walters stated that we need to appoint an Interim Town Manager and suggested that the Town Commission review resumes and meet next Tuesday to appoint someone.

Vice Mayor Guglietta stated that he talked to the Town Attorney and asked if he had anybody who we could ask to be Interim Town Manager and he gave the name of Mr. Taylor, who is present, and who has been the City Manager of Vero Beach until just recently. Vice Mayor Guglietta stated that he contacted Mr. Taylor and asked him to send a resume and attend this workshop.

Mr. Rex Taylor came forward and stated that the Town Attorney contacted him this afternoon and asked him to consider coming to this workshop and talking to the Town Commission regarding the interim position. Mr. Taylor stated that he sees his role would be to help keep things functioning and assist in the recruitment process for a new Town Manager. Mr. Taylor sated that one of the restrictions he has is that he has some continuing obligations



with the Florida Municipal Power Agency and with the Innovation Group, and if the Town Commission would like him to work with the Town, this would have to be considered on a part time, interim basis. Mr. Taylor stated that some weeks he could spend all five (5) days and some weeks only three (3) days. Mr. Taylor commented that he could come up Friday and meet with Town Commission and put something together.

IT IS THE CONSENSUS OF THE TOWN COMMISSION TO MEET WITH MR. TAYLOR ON TUESDAY AFTERNOON TO MEET INDIVIDUALLY WITH MR. TAYLOR AND BRING OTHER IDEAS FOR AN INTERIM TOWN MANAGER AND THEN MEET TUESDAY EVENING AT 7:00 P.M. AT A SPECIAL MEETING TO DISCUSS MR. TAYLOR AND ANY OTHER CANDIDATES FOR THE INTERIM TOWN MANAGER POSITION. Susie Stark, 307 Fifth Avenue came forward and stated that this topic is not listed on this agenda and this seems to be a major issue and the Town Attorney has discussed previously that you can’t just take action on things that are not on the agenda, unless it is of a minor nature.

Town Attorney Gougelman responded that this is appropriate because no formal decision is being made, the Town Commission is not appointing Mr. Taylor tonight, it is more administrative in nature and the decision will be made Tuesday evening. Town Attorney Gougelman clarified that the Town needs someone to fill in as an Interim Town Manager while the Commission is going through the process of hiring a permanent Town Manager. Town Attorney Gougelman stated that Mr. Taylor was also recommended by the City Manager of Melbourne, who speaks very highly of Mr. Taylor and his professionalism and experience as a Town Manager.

Commissioner Price stated that there may be an issue raised that we are giving this potential candidate for Town Manager of Melbourne Beach head’s up on all the other applicants and asked Mr. Taylor if he is at all interested in becoming the permanent Manager of the Town of Melbourne Beach and Mr. Taylor replied, “No sir.”

Susie Stark, 307 Fifth Avenue stated that she feels better after hearing this discussion because with a Commissioner asking the advice of the Town Attorney, who then made a recommendation and that she wanted to make sure we did not have anybody taking unilateral action.

ADJOURNMENT

There being no further discussion, the workshop adjourned at 9:05 p.m.

____________________________________STEVEN O. WALTERS, MAYOR

____________________________________CYNTHIA E. MASNY, CMCTOWN 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.


Minutes for Special Meeting Jan. 13. 2004


MINUTESTOWN COMMISSION - Special Meeting

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TuesdayJanuary 13, 2004

COMMUNITY CENTER

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A special meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by Mayor Walters at 7:00 p.m. on Tuesday, January 13, 2004 in the Community Center. Mayor Walters also led the Pledge of Allegiance


Others Present: Building Official Munroe35 members of the publicTown Clerk Masny

I. DISCUSSION AND POSSIBLE ACTION REGARDING APPOINTMENT OF AN INTERIM TOWN MANAGER.

Mayor Walters stated that the Town Commission has interviewed Mr. Rex Taylor this past week regarding his appointment as Interim Town Manager for Melbourne Beach.

Mayor Walters asked for public comment regarding the selection of an Interim Town Manager. There was no public comment.

All Town Commissioners indicated that they met with Mr. Taylor and all indicated that they were satisfied with the interview and were satisfied that he could fill this position for the Town.

COMMISSIONER WILSON MOVED, SECOND COMMISSIONER STACEY TO ACCEPT MR. REX TAYLOR AS THE INTERIM TOWN MANAGER FOR MELBOURNE BEACH AT THE RATE OF $30.00 PER HOUR BEGINNING JANUARY 14, 2003 AT 8:00 A.M. VOTE: ALL AYES. MOTION CARRIED.

Sherri Quarrie, 701 Pine Street, asked if there was going to be a benefits package for the Interim Town Manager and Mayor Walters responded that he will be paid $30.00 per hour with no benefits except social security. Ms. Quarrie asked how many hours per week Mr. Taylor will be working? Mayor Walters responded that he will work some weeks 40 hours and others only 25 or 35 hours and he feels this will be enough hours to get the job

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done and that Mr. Taylor will be available by telephone if necessary. Ms. Quarrie asked if the Town is pursuing hiring its own Town Manager and was advised that the Town Commission is currently advertising for a new Town Manager.

Mr. Taylor came forward and stated that it is his goal to work himself out of a job.

Commissioner Wilson asked that if Mr. Taylor works over 40 hours per week for meetings and such, will he be paid time and one-half? The Town Commission responded that he will receive $30 per hour.

Commissioner Stacey commented that he wants it clear that Mr. Taylor will be paid $30 per hour, when he works.

II. DISCUSSION AND POSSIBLE ACTION REGARDING SETBACKS GRAND-FATHERED IN (NON-CONFORMING) (COMMISSIONER PRICE).

Commissioner Price stated that there has been a lot of discussion about whether nonconforming use properties as far as the setbacks are concerned are grand fathered in to the extent that construction could be undertaken by properties in that situation without applying for a variance. Commissioner Price asked Building Official Munroe to explain how this works to the Town Commission.

Building Official Munroe stated that you have an existing non-conforming structure, build prior to 1972, the setbacks that were established then, as long as that house is not torn down, can be maintained. Only if they attempt to move closer to the property line, than what they already have established under the nonconformity, then that would be an increase in the nonconformity. If that house has a nine (9) foot side setback on it, it will always have a nine (9) foot side setback on it, as long as that house exists there. Any addition they want to add to that fore or aft that is parallel with that particular setback, I do not see where that is an increase in the nonconformity and I have title people tell me that they concur with me.

Commissioner Price stated that the reason this came out was that there were some of our neighbors that were concerned that by interpreting the nonconforming setbacks in this way, it could create a problem for the Town in terms of maintaining the existing nature of the Town. Commissioner Price stated that he was asked to put this item on the agenda for discussion to try to get comments from anybody and everybody who has an opinion on this.

Commissioner Stacey commented that he received several e-mails and telephone calls on this and that he looked at the property and the blueprints and if he understands it right, the side setback is 15 feet, but this property has 14.5 feet right now and that he did not see the problem.

Commissioner Wilson stated that this is a fairly new house and Building Official Munroe stated that it was built prior to 1972, but has been remodeled several times and to his knowledge there are no variances on the property. Commissioner Wilson asked why this is not considered new construction and the grand fathering would be over at that point, as the old house was not nearly the size of this.

Building Official Munroe stated that if someone built at 15 feet and wanted a variance to build into that setback, and the Town granted a variance, that variance would be recorded with the county and there would be a legal description on the survey and the title insurance would indicate the variance and how much into the setback it protruded. On an existing nonconformity, there is no cloud on the title and that is the side setback for that particular property and if they wanted to tear the house down, the setback



would move to 15 feet or if they tore off the part they received the variance for, it would go back to whatever the side setback of that particular property was before the variance.

Commissioner Price commented that this item was put on the agenda not to deal with a specific house, but because of the question that has been raised because of this particular situation, according to some, affects the interpretation of the setback rules in the Town and stated that he would like to ask for public comment on this item.

Mayor Walters opened up the meeting for public comment.

Trish Riemer, 607 Riverside commented that the nonconforming rule applies to property built prior to 1972 as it is closer to the property line than it is supposed to be and unless you increase the property size more than 50%, you do not have to move the house. Ms. Riemer stated that any Board of Adjustment would give a variance for six (6) inches for this purpose.

Xochitl Ross, 1106 Atlantic Street commented that it is not that this person has to make the house conform, and it is not that this person would not be given a variance, the issue here is that anyone who has an existing nonconforming house does not need a variance to extend the line. Ms. Ross commented that this seems to establish that different people have different setbacks and would like to know when the Building Official decided changed the interpretation. Ms. Ross commented that her house and her neighbor's house is six (6) feet from the line and this would be a very dense community if we change the interpretation this way.

Gail Goudy, 215 Ash Avenue commented that she talked to the Town Planner of Melbourne and advised that her interpretation would require a variance to extend a house built prior to 1972. Ms. Goudy commented that she plans to appeal the Building Official’s decision and is willing to do so because she does not believe his interpretation is correct.

Mayor Walters asked Building Official Munroe what the process is in the Code to appeal his decision, can any person appeal a decision? Building Official Munroe stated that they can appeal it and it goes before the Board of Adjustment and, if they want to appeal it again, they will have to take it to court.

Martha Remark, 707 Atlantic Street commented that regarding this house, Mr. Shaprio changed the roof line, a pool was installed and he changed the facade, but he did not go outside the original footprint of the house. Ms. Remark stated that she thought that if they were not grand fathered in, nothing could be done to our nonconforming homes. Ms. Remark asked that the Town not remove the grand fathering clause from the code.

Trish Riemer, 607 Riverside Drive asked if somebody wants to add along the property line on a nonconforming structure? Building Official Munroe agreed and stated that they are not increasing the nonconformity, they are paralleling the existing side setback. Ms. Riemer asked Building Official Munroe to explain why he told her she needed a variance to do exactly that? Building Official Munroe responded that when he started as a Building Official in Melbourne Beach, it was the first time he was a Building Official anywhere and that he did not know everything and the Town Attorneys and everybody else did not inform him and they still do not so he is kind of winging it as he goes. Ms. Riemer responded that she was advised that the only thing that is grand fathered in is the structure that was built prior to 1972. Building Official Munroe stated that he was wrong. Ms. Riemer stated that the codes need to be tightened up to allow no room for interpretation.

Mayor Walters commented and if anyone objects to the Building Official’s interpretation, and it does not have to be their property, they can appeal to the Board of Adjustment and they will make a ruling.

Commissioner Price stated that based on information that has been provided, the opinion is that now the setback,



as long as you do not expand the setback, you can build back, keeping that same setback without a variance. Commissioner Price stated that there are those who did not receive this interpretation previously and it will create problems for those who have built using the old interpretation; however, we can’t go back and we cannot change that. Commissioner Price asked if this new interpretation is something the Town wants or do we need to tighten it up?

Alice Graham, 305 Fifth Avenue commented that the Town does not have to accept the Building Official’s interpretation as we had the same as with the interpretation of the height. The Building Official does not have the right to say this is my interpretation, like it or not. Ms. Graham stated that there needs to be credibility and accountability and consistency and these are

Tom Shaw, 406 Riverside Drive commented that if you read the code it says “you cannot extend the line that is encroaching upon the setback” and asked that the Town Commission request the Town Attorney to look at this. Mr. Shaw stated that he believes the code is straight forward and this entire discussion seems to be built around allowing the Building Official to change the code, without having anybody go get a variance and go through the process to have it approved. Mr. Shaw stated that it is skirting the procedures in order to support building an expansion rather than keeping the Town how the people want it to be. Mr. Shaw stated that the building setback was only five (5) feet and now he can move the building 100 foot down that same setback, the code is clear and the interpretation is clearly wrong.

Letitia Langord, 407 Third Avenue commented that she was impacted by the move where people buy houses and want to build larger as people maximize square footage and setbacks as she now has a two-story home next to her on a street with many little one-story houses. Ms. Langord stated that this is happening all over Town and rather than dealing with this property by property, can’t we get a consensus of what is permissible and what is not permissible?

Mayor Walters stated that the Town Commission just had a workshop and changed the height ordinance and took out the word appurtenance so the height issue is no longer and if you want to put a copula on, you need to go for a variance. Mayor Walters stated that the Building Official has the authority under the Town Charter to make these decisions and any resident can appeal his decision to the Board of Adjustment. Mayor Walters stated that the Town Commission is going to address this issue and give the Building Official guidance.

Vice Mayor Guglietta stated that when he was reading Town Code Section 7A-83 on Page 214, the last time this time this section was looked at was 1987 and that he contacted a former Town Commissioner, Jean Marshall and asked for some history regarding this section of the code and was told that the Town Commission agonized over this section, “No such structure may be enlarged or altered in any way which increases any existing nonconformity. Any enlargements or alterations must meet all zoning requirements such as setbacks, heights and location.” Vice Mayor Guglietta stated that Ms. Marshall’s explanation for that means, this is exactly what we mean. If it is there, this is the way it can be. Vice Mayor Guglietta stated that if we want to change this, we need to give specific instructions to our Building Official through our Town Manager.

Sherri Quarrie 701 Pine Street, commented that most of Melbourne Beach is non-conforming and we have to be careful with our historic structures because if we take out grand fathering that we do not drastically change the appearance of our Town with a knee jerk reaction. Ms. Quarrie commented that everything started changing in the last three (3) years regarding the building codes and we need to be sure that we do not supersede any new building codes as required now



Commissioner Wilson asked to bring something up where the Town Commission had asked the Building Official to look at the structure on top of the house on Atlantic Street and we now have the report from the Building Official. Mayor Walters responded that this issue is not administrative in nature and asked if this could be on the agenda for the regular meeting as special meetings are limited to the items on the agenda.

III. ADJOURNMENTCOMMISSIONER STACEY MOVED, SECOND COMMISSIONER PRICE TO ADJOURN. VOTE: ALL AYES. MOTION CARRIED.

The special meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 8:13 p.m.






Minutes for Regular Meeting, September , 2003


MINUTESTOWN COMMISSION - Regular Meeting

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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 7:00 p.m. on Wednesday, January 21, 2003 in the Community Center. Mayor Walters also led the Pledge of Allegiance


Others Present: Town Attorney GougelmanTown Manager HoskovecFifteen members of the publicTown Clerk Masny

I. CHANGES TO THE AGENDA. Mayor Walters stated that Mr. Hamilton has requested through Town Attorney Gougelman that agenda item X. E. be moved to the beginning of the agenda. Commissioner Wilson stated that he has an invited speaker expected to arrive later to speak on this subject and requested to keep the agenda item where it is. The agenda order will not change.

II. PRESENTATION BY SPECIAL GUESTS: BRIEF REPORT BY FRANK THOMAS REGARDING RYCKMAN HOUSE AND OLD POST OFFICE. Frank Thomas, 606 Atlantic Street reported on the condition of the Ryckman House and old Post Office buildings. Mr. Thomas stated that he feels that nothing is going on with the maintenance of these two (2) structures. Mayor Walters stated that the Town Commission has not seen any improvements to the structures nor have they received any reports from the Town and agrees with Mr. Thomas’ statement.

Mr. Thomas stated that these buildings are a community and are a culture and historical value of the Town and that the old Post Office was built in 1990-1991 by Melbourne High School students and transported across the causeway. Mr. Thomas stated that the cost to build the Old Post Office was $4,500 and was put together with volunteer labor. Mr. Thomas stated that it was opened as the Town History Museum and was unlocked upon request for tours and there were many artifacts were in the structure and for various reasons the artifacts were taken out. Mr. Thomas reported that the Ryckman House was being restored in 1991 by volunteers and the last part of the project was professional done by Atlantic Waterproofing, Inc. of Indian Harbour Beach. Mr.

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Thomas stated that he wanted to call it to the Town Commission’s attention that the Town values our history and culture and hopes that the Town pays more attention to these particular structures.

Mayor Walters opened the meeting for public comment regarding this agenda item.

Ed Kalajian, 213 Sixth Avenue commented that he is a 30-year resident and that he strongly supports Mr. Thomas’ comments regarding the historical structures and that his son helped restore the old Post Office and he is now a structural engineer. Mr. Kalajian commented that due to the lack of maintenance, the expenses for repair may get large and the Town might have to consider other options and urge the Town Commission that the maintenance department inspect these structures and forward a report.

Betsy Baird, 1111 River Road commented that her husband was involved in the work on these buildings and that it is terrible to see the structures go to waste as they give the Town character. Ms. Baird commented that she is active regarding the rehabilitation of the Williams Building.

Alice Graham, 305 Fifth Avenue commented that we have the buildings of historical value and they mean a lot to the Town and the maintenance crew should inspect them to see what is needed to fix them up.

Gail Gowdy, 215 Ash Avenue commented that she agrees that the Town should maintain the buildings.

Commissioner Wilson commented that he has been hearing about these building ever since he has been on the Town Commission and stated that the Town Commissioners are not to talk to Department Heads unless okayed by the Town Manager. Commissioner Wilson stated that he has had meetings with the Town Managers regarding the Ryckman House and getting the Public Works Department to take a look at it as it is getting run down and have asked that the Town Manager direct Public Works to take a look and come back with an estimate for work and that he has yet to see it.

Vice Mayor Guglietta stated that he has placed an item on the agenda for a historic committee to help keep the Town Commission updated on these historic structures. Vice Mayor Guglietta stated that he is concerned that our historic structures are not being repaired.

Mayor Walters stated that the Town Commission December 17, 2003 minutes read that Commissioner Wilson reported that he has suggested that the Public Works Department work on the Ryckman House to do some improvements. Mayor Walters stated that there has been $50,000 spent on the Ryckman House to make repairs and that in the last year and one-half or two (2) years we have learned that the reason the Ryckman House has not maintained because the previous Manager, not Mr. Hoskovec, advised the Public Works Department not to maintain the structures.

Commissioner Price agreed with the statements and stated that it is a problem and we have not been able to get a handle on it yet as the leadership in Town has not been stabilized as of yet. Commissioner Price stated that since he has been on the Commission, this issue has been brought up over and over again have not been able to get the Public Works Department to take some action and give the Town Commission a report. Commissioner Price stated that now that we have the stability on at least an Interim Town Manager he can give the order that we get an immediate inspection and report from the Public Works Department.

Donnie Price, Parks Board Chairman commented that the Parks Board has discussed the Ryckman House in length and have made recommendations to the Town and one of the main problems is that the Town has not decided if they want to repair it as a building or an historical site. Chairman Price stated that if it is repaired as an historical site, it can be complicated and expensive.

Commissioner Wilson stated that he was told that the Ryckman House was a Sears house, a kit house bought from a Sears catalogue. Frank Thomas responded that it was not a catalogue house



and was built in 1888-1889. Mr. Thomas stated that there is nothing in this house that is untouchable, it is a simple house and the wood has been replaced many times, the siding has been replaced, and, it should be on the National Register. Mr. Thomas agreed that the Town should repair the Ryckman House as best we can. Mr. Thomas mentioned that the sills were replaced in 1992, and that dirt is rotting the wood and someone should pull the dirt away from the house and porch.

Bill Hoskovec, 526 Avenue B commented that in July 2002 a Sentricom system was installed around Ryckman House because there were termites, and when Ryckman Park was being renovated, we removed landscaping from around the building as this was enhancing the rotting of the wood. Mr. Hoskovec commented that in October 2003, Gail Jones of the Town’s engineering firm and structural engineer evaluated the building as we were looking into raising the building so that it did not sit in the swampy area. Mr. Hoskovec stated that a past tenant of building did a lot of internal damage such as stripped the walls of the wood and never replaced it

III. TOWN BOARD APPOINTMENTS: CONSIDERATION OF APPOINTMENT OFKRISTIN VANWAGNER TO THE ENVIRONMENTAL ADVISORY BOARD AS ALTERNATE MEMBER #2 WITH A TERM JANUARY 21, 2004 THROUGH JANUARY 21, 2006.VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER PRICE TO APPOINT KRISTIN VANWAGNER BE APPOINTED TO THE ENVIRONMENTAL ADVISORY BOARD AS ALTERNATE MEMBER #2, WITH A TERM JANUARY 21, 2004 THROUGH JANUARY 21, 2006. VOTE: AFTER COMMENTS ALL AYES. MOTION CARRIED.

Ms. VanWanger came forward and stated that she has been in the environmental field for 10 years and her specialty is in science education with an environmental education focus and that she has been a resident for 5 years and is a new homeowner.

Vice Mayor Guglietta commented that Ms. VanWagner will be an asset to the Board and the community. Commissioner Price commented that he reviewed Ms. VanWagner’s resume and feels she is very well qualified for position and thanked her for volunteering.

IV. NON-SCHEDULED CITIZEN COMMENTS (3-MINUTE LIMIT PLEASE) Gail Gowdy, 215 Ash Avenue commented that one (1) person is changing the zoning in Melbourne Beach without due process, that person is our Building Official and that he has declared the codes outdated, no longer relevant and unclear. Ms. Gowdy proposed that the Town Commission call for a building moratorium for 6 months to rewrite Chapter 7A, Zoning, of the Land Development Code as now is the time for action to fight the erosion of our community standards.

Mark Abraham, 410 Atlantic Street commented that new regulations do not need to be written, people need to read current regulations and understand what they are all about. Mr. Abraham stated that a lawyer is not that expert in the field of building codes or design and when laymen are involved and the problem might be the source of the instigation. Mr. Abraham commented that the Building Official ought to know terminology, regulations, and how to properly use the tools to carry out the rules necessary to handle the building in Town. Mr. Abraham stated that he finds it amazing that the finger is being pointed back to specifications that are written and now the Town Commission and everyone has to replace the bible.

Alice Graham, 305 First Avenue commented that we have a good code, we have capriciousness in interpreting the code as one person can go up 35 feet and one is harassed to keep it at 28 feet. Ms. Graham stated that the interpreter of the code needs to be replaced.

Joseph Hixon, 103 Oak Street commented that he is getting ready to build a new 2-story house and has been told that he has to shallow the slope of the roof, amputate the top to fit into the code, and that he has an architect and it will be a fabulous house and that he and his wife have lived at the



beach all of their lives and they are very sensitive to the community and that they are not building a cathedral, just a 2-story house. Mr. Hixon commented that the Town needs a good code, but it needs to be an intelligent code. Mr. Hixon commented that the house has a good sense of scale, it is not huge, and now he is being told he has to lop the top off and shallow it out. Mr. Hixon commented that before we say things are too high, a good clear code needs to be there and a building moratorium is ridiculous, good sense by smart people will take care of it. Mr. Hixon stated that he is being told he cannot have a peaked roof and cannot use his attic and this is a little crazy.

Xochitl Ross, 1106 Atlantic Street commented that the codes need to be reaffirmed as they have been interpreted a certain way for 30 years and all of the sudden that way is not right any more and it is getting capricious. Ms. Ross commented that every time a project comes up we deal with another fire and the code should have meaning.

Ann Clauson, 1700 Atlantic Street commented that Melbourne Beach is what Sarasota used to be like and people are here because they do not want to live in places where the zoning codes swept under the road because one person came with an emotional plea and urged the Town Commission to listen to the citizens.

Tom Shaw, 406 Riverside Drive commented that the residents do not want this to be like Satellite Beach where you cannot see the ocean. Mr. Shaw requested that the Town Commission communicate with the Town Manager the feelings of the Town such as that the Town Manager communicate with the Building Official to at lease air conservatively and have anything, if necessary go before the Board to ask for a variance.

Sue Stark, 305 Fifth Avenue commented that the Fire Department received a $114,673 grant from the Federal Emergency Management Association, which is a result of a 3-year project where volunteers did the work to submit the paperwork and performed a needs analysis. Ms. Stark commented that approximately 113 departments received awards and the Melbourne Beach award in the top one-third, with only about 33 more departments receiving more money. Ms. Stark stated the amount of the project, which is approximately $127,000 is equal to the amount of operating budget of the fire department over the past few year. Ms. Stark commented that this is the result of a lot of hard work and we are proud of it. The Town Commission thanked Ms. Stark and the volunteers for do a great job on the grant.

V. APPROVAL OF MINUTES: DECEMBER 10, 2003 SPECIAL MEETING, DECEMBER 10, 2003 WORKSHOP AND DECEMBER 17, 2003 REGULAR MEETING

Mayor Walters requested that after discussion of agenda Item VIII. G., there should be some conclusion to this agenda item, such as, “It was the consensus of the Town Commission not to grant the extra holiday.”

COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO APPROVE THE MINUTES OF DECEMBER 10, 2003 SPECIAL MEETING, DECEMBER 10, 2003 WORKSHOP AND DECEMBER 17, 2003 REGULAR MEETING AS AMENDED. VOTE: ALL AYES. MOTION CARRIED.

VI REPORTS BY ANY TOWN BOARD OR COMMITTEE SUBMITTING A REPORT: WILLIAMS BUILDING AD HOC COMMITTEE REGARDING PROPOSED HISTORIC HOME TOUR BENEFIT SCHEDULED FOR MARCH 7, 2004. Donnie Price, Chairman of Parks Board advised that the Board is in the process of planning for Founders Day and reported that Movies in the Park will be held the last Saturday of the month for the next few months and the next movie will by “The Hulk” at dusk the last Saturday in January.



Vice Mayor Guglietta stated that there is a missing whale in the kiddy area of Ryckman Park and that the Gazebo needs to be re-stained and the roof is leaking on the left side. Chairman Price stated that Mickey Collins will put a new coat of stain on the pavilion at his convenience, at no cost to Town. Chairman Price asked that the Town Manager look into the roof leaking.

Commissioner Wilson stated that last Founders Day, Jason Peterson was to show as the main event and failed to do so and then there was supposed to be a music in the Park by his mother and asked if any of these got resolved and asked if the Town is going to use FIT Entertainment again this year? Chairman Price responded no, we are not using FIT Entertainment this year, but FIT has promised a concert because of that no show by Jason Peterson.

Ann Downing, Secretary of the Williams Building Ad Hoc Committee reported the board is working to rehabilitate the Williams Building and use it as an historic center. Ms. Downing explained the plans for the historic home tour scheduled for March 7, 2004 from 1:00 p.m. until 5:00 p.m. The Tour will be starting at the Community Center and follow a specific route. Ms. Downing advised that there will be a Scrub Jay exhibit and surf board making exhibit and that Friends of the Library will also have an exhibit in the Community Center.

Commissioner Stacey asked if the Public Works Department is supporting the Williams building? It was discussed that there is an interlocal agreement with the County that the Town supports the Committee with backup of the office, along with paying certain bills. Ms. Downing stated that all work is done on a volunteer basis, but the Public Works Department keeps the lawn mowed. Mayor Walters stated that it is his understanding that once the building has been rehabilitated, the Town will maintain it.

Commissioner Price stated that in 2003, there was an effort on the part of the Williams Building Committee to get financial support from the Town, and, as he understands it, the Town found it was unable to provide financial support because the building is outside of the Town limits.

Town Attorney Gougelman responded that if you are going to spend money on something that is outside the Town limits, there has to be a public purpose to it, that is a benefit to the Town and we do not have any jurisdiction outside of the Town nor do we have any business spending money outside the Town, unless it is a building that we own or is something that is going to be a public benefit to the Town and the Commission has determined that the building will be a public benefit to the Town, but there is a plan by which the Williams Building Committee and Brevard County and the Town have determined who will spend what money and when.

VII. CONSENT AGENDA:APPOINTMENT OF CINDY SCHUSTER FROM THE ALTERNATE #2 POSITION TO THE ALTERNATE #1 POSITION ON THE PARKS BOARD WITH A TERM JANUARY 21, 2004 THROUGH JANUARY 21, 2006. COMMISSIONER WILSON MOVED, SECOND COMMISSIONER PRICE TO APPOINT CINDY SCHUSTER FROM THE ALTERNATE #2 POSITION TO THE ALTERNATE #1 POSITION ON THE PARKS BOARD WITH A TERM JANUARY 21, 2004 THROUGH JANUARY 21, 2006. VOTE: ALL AYES. MOTION CARRIED.

VIII. OLD BUSINESS:A. DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF OAK STREET PEDWAY PLANS AND FUNDING FOR PROJECT. (TABLED DECEMBER 17, 2003) (GAIL JONES - TOWN ENGINEER)

COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER WILSON TO REMOVE AGENDA ITEM VIII.A. FROM THE TABLE FOR DISCUSSION AND POSSIBLE ACTION. VOTE: ALL AYES. MOTION CARRIED.



Interim Town Manager Taylor reported that he met with Mr. Jones and was brought up-to-date on where the project stands and that he has a call into Barbara Meyers, the coordinator for the impact fee money and the engineer’s estimate was higher than the original budget estimate by about $60,000 and in addition there is an issue of drainage improvements, which is estimated by our engineer to be another $60,000. Interim Town Manager Taylor stated that Ms. Meyer was going to go back to the impact fees to see if there are additional monies to cover these costs and Mr. Jones has been advised that we will table the project until we find out where we are financially.

Mayor Walters stated that he attended the pedway meeting and it is his understanding that we need to get moving on this project and asked that this project be moved forward as soon as possible.

VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER WILSON TO TABLE DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF OAK STREET PEDWAY PLANS AND FUNDING FOR PROJECT. VOTE: ALL AYES. MOTION CARRIED.

B. DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF A REVISED JOB DESCRIPTION FOR THE FIRE DEPARTMENT MAINTENANCE WORKER POSITION (TABLED DECEMBER 17, 2003)

COMMISSIONER WILSON MOVED, SECOND VICE MAYOR GUGLIETTA TO REMOVE AGENDA ITEM VIII. B. FROM THE TABLE FOR DISCUSSION AND POSSIBLE ACTION. VOTE: ALL AYES. MOTION CARRIED.

Seth Stark, Melbourne Beach Volunteer Fire Department addressed the Town Commission and offered to answer any questions regarding the revised job description for the maintenance worker position.

Mayor Walters asked if this position will be part-time as in the past? Mr. Stark advised that they want this to be a full-time position as the volunteers did most of this work in the past and also advised that there is more record keeping than in the past, as this person will be performing these duties. Mayor Walters asked if this will be full time strictly for the fire department and asked if the Town Manager needed to use this worker for maintenance in another area, would this be a problem? Mr. Stark advised that the job description says the Fire Chief is in charge of that person’s duties and the Fire Chief answers to the Town Manager, but it might not be a problem.

Commissioner Price stated that like most job descriptions, the last item says, “perform other duties as directed by the Fire Chief or his designee,” and if the Town Manager has something for him that will cover just about anything and everything.

Mayor Walters asked if there is a salary range for this position? Susie Stark, President, Melbourne Beach Volunteer Fire Department, Inc. responded that the step program was set up for a person working 32 hours per week and this has not been prorated for the additional 8 hours.

Martha Remark, 707 Atlantic Street commented that in the job description, will the maintenance worker be a fire fighter also? Ms. Remark stated that it is not required, but this person could be. Ms. Stark responded that to have this person being required to be a fire fighter, he would have to be a fully state certified fire fighter and this gets into a combination of volunteer/paid fire department and this takes on more requirements, which costs more money.

Commissioner Price stated that to require this position to be a volunteer fire man does not make sense as you cannot require a volunteer.

COMMISSIONER STACEY MOVED, SECOND COMMISSIONER PRICE TO APPROVE THE REVISED JOB



DESCRIPTION FOR THE FIRE DEPARTMENT MAINTENANCE WORKER POSITION AS WRITTEN. VOTE: ALL AYES. MOTION CARRIED.

IX. PUBLIC HEARING: RESOLUTION NO. 729A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AMENDING PARAGRAPH (B) OF SECTION 7. AND ADDING A PARAGRAPH ©) TO SECTION 10. TO RESOLUTION NUMBER 702, WHICH ESTABLISHED MEETING RULES AND PROCEDURES FOR THE TOWN COMMISSION; PROVIDING AN INTERPRETATION CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

Town Attorney Gougelman read Resolution No. 729 by title. Mayor Walters asked for public comments regarding Resolution No. 729. There were no comments from the public.

Mayor Walters stated that the Town Commission set forth rules of how they will conduct meetings and one of the rules was, “Questions shall be directed to the Commission through the chair and the chair shall then recognize the appropriate person for response, if the chair determines a response is necessary. Debate between a citizen and anyone else shall not be permitted.” Mayor Walters advised that the Town Commission decided to remove this paragraph so that if a member of the public wanted to ask a question to an individual Commissioner, that Commissioner can make the determination if they want to answer the question.

VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER STACEY TO ADOPT RESOLUTION NO. 729, A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AMENDING PARAGRAPH (B) OF SECTION 7. AND ADDING A PARAGRAPH ©) TO SECTION 10. TO RESOLUTION NUMBER 702, WHICH ESTABLISHED MEETING RULES AND PROCEDURES FOR THE TOWN COMMISSION; PROVIDING AN INTERPRETATION CLAUSE; AND PROVIDING AN EFFECTIVE DATE.VOTE: ALL AYES. MOTION CARRIED.

X. NEW BUSINESS:A. DISCUSSION AND POSSIBLE ACTION TO AMEND, DELETE OR ADD TO THE TOWN CHARTER AND BUILDING CODES. (VICE MAYOR GUGLIETTA)

Vice Mayor Guglietta stated about a month ago the Town Commission and Town Attorney had a meeting regarding the sunshine law and were asked to sit down and read the Town Charter, which he has done and the Town Commission is supposed to abide by the Town Charter. Vice Mayor Guglietta stated that it takes the Town electors to vote for any changes to the Charter. Vice Mayor Guglietta stated that he is looking into changes to Section 8.09, Public Notice, as the Charter Table of Contents, reads 8.09 as “Public notice” and if you go to this section of the Charter it reads, “Public monies,” and reads, “All public money shall be deposited in the name of the Town of Melbourne Beach in a bank or banks designated by the Commission. All public monies shall be disbursed only by check and signed by two (2) authorized Town Commissioners. Any person performing the duties in which he collects, receives, or handles any public monies must qualify under a blanket bond. Adopted by the electorate 11/6/73.” Town Attorney Gougelman stated that this will have to go to the voters for any changes.

Vice Mayor Guglietta stated that Section 3.03, Town Manager reads, “The Town Manager shall endorse all instruments in writing in which the Town is interested, sign Town checks as authorized by the Town Commission, and execute contracts on behalf of the Town, unless the Commission shall otherwise provide" Vice Mayor Guglietta stated that currently the Town Manager and one (1) Commissioner signs checks and this needs to be changed.

Vice Mayor Guglietta pointed out that Section 2.10 Assignment of department responsibilities needs to be deleted from the Charter as this is no longer relevant as it pertains to a Commission form of government.

Vice Mayor Guglietta pointed out that Section 2.17 Commissioners attendance at meeting, reads



“Commissioners shall use their best efforts to attend all Commissioner meetings. Failure to attend at least a majority of the Town Commission meetings in any calendar quarter without good reasons may be grounds for dismissal by a majority vote of the Commission.” Vice Mayor Guglietta stated that for not attending meetings, the Town Commission can vote to remove an elected official and under Section 3.11 Code of Ethics, we can only reprimand them. Vice Mayor Guglietta commented that we should add to the Code of Ethics regarding what can be done with violations to the Code of Ethics.

Mayor Walters asked for public comment regarding this agenda item.

Susie Stark, 307 Fifth Avenue, asked if there is an established procedure for reviewing a charter? Town Attorney Gougelman stated that there is really no procedure or no right way or wrong way to review the Charter, but any changes have to go to the electorate.

B. DISCUSSION AND POSSIBLE ACTION TO THE FORMATION OF A TOWN HISTORICAL ADVISORY BOARD. (VICE MAYOR GUGLIETTA)

Vice Mayor Guglietta stated that he is concerned about how historical buildings are being handled and maintained by the Town and ask for volunteers to serve on the board to assist and advise the Town Commission to ensure that the limited Town historical facilities are kept in good condition.

Commissioner Price commented that this is an excellent idea and asked why the Town has not done this before as we do have buildings we want to preserve and the board could bring the maintenance problems to our attention and advise us as to the state of the buildings. Commissioner Stacey agreed with Commissioner Price and suggested that Mr. Frank Thomas be Chairman of the committee.

Town Attorney Gougelman stated that you can form the board by resolution and make it a temporary board, which will allow the Town to create the board, let exist for a year or two see how functions or make it an actual standing committee of the Town, which will require an amendment to the code of ordinances to make it an ongoing committee. Town Attorney Gougelman advised that if the Town wants to set up a board by resolution and it works out well, the code can be amended to make it a standing committee.


Connie Smith, 1908 Cedar Lane commented that the Town has had historical committees set up by resolution and they were done on a temporary basis and lasted 2-3 years and the volunteers fell apart. Ms. Smith stated that she things this is a good idea and would recommend following the Town Attorney’s advice and giving the Town Manager some ideas as to how many members should be on the board, how often they should meet, and what the duties should be.

Town Attorney Gougelman stated that once the Town forms the committee, it is a committee of the Town and would be required to comply with the Sunshine Law.

Frank Thomas, 707 Atlantic Street commented that the previous historical committee was responsible for the post office and for three-quarters of the work on the Ryckman House. Mr. Thomas stated that this board is overdue, but he does not want to be on the Historical Board. Mr. Thomas stated that it is a wonderful idea and the board should be permanent. Mr. Thomas stated that the Town is going to have the maintenance agreement on the Williams Building and we have the maintenance on the post office and the maintenance on the Ryckman House and this is some kind of a joke. Mr. Thomas stated that with Founders Day and historical home tour he would be ashamed of the Town property.

Ann Clauson, commented that a city she worked for in the past, at a city very similar to this, had an historic district commission and it was by appointment, a member of the building and planning



department on the board and the rest were made up of citizens. Ms. Clauson volunteered a copy of a manual she drew up for the citizens’ public hearing workshop that details the commission and appointees, etc.

Mike King, 1401 Oak Street commented that the Planning and Zoning Board has discussed historic nature issues and they do not get handled by the Board and it makes a lot of sense to form this type of board.

Sherri Quarrie, 701 Pine Street commented that the formation of the board was brought up in the year 2000 and she believes it would be a benefit to the Town. Ms. Quarrie urged the Town Commission to go back and look at what the Planning and Zoning Board proposed regarding historical properties. Ms. Quarrie commented that the Town Commission could come up with a blend to deal with the residential historical properties and that Rochelle Lawandales of Lawandales Planning Affiliates performed an historical survey.

COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY THAT THE TOWN ESTABLISH AN HISTORICAL ADVISORY COMMITTEE TO BE STRUCTURED BASED UPON THE GATHERING OF RECOMMENDATIONS BY THE TOWN MANAGER AND RECOMMENDED AT THIS MEETING AND THAT THE COMMITTEE BE MADE UP OF CITIZENS AND POSSIBLY STAFF OF THE TOWN OF MELBOURNE BEACH. VOTE: ALL AYES. MOTION CARRIED.

C. DISCUSSION AND POSSIBLE ACTION REGARDING ADDING TO, DELETING FROM, OR AMENDING THE TOWN ORGANIZATIONAL CHART. (VICE MAYOR GUGLIETTA)

Vice Mayor Guglietta stated that he has reviewed the Town’s organizational chart and he would like to review the Finance Manager position which has been discussed during budget workshops and meetings. Town Manager Hoskovec brought up the need for a Finance Manager and also discussed to eliminate the Finance Clerk and the Town Commission voted to keep both the Finance Clerk and Manager as full time employees. We have a $2.1 million budget and the budget is submitted to the Town Commission by the Town Manager, based on information gathered from the Town departments. The Town Manager compiles the budget and presents it to the Town Commission and then the budget goes to the departments to administer within the constraints of the budget. Vice Mayor Guglietta asked, “What does the Finance Manager do?” Vice Mayor Guglietta stated that the Finance Clerk carries the burden of the W-2's, payroll and accounts payables. We do not have a finance manager currently, but the Town has not stopped functioning and the Town does not need both positions. Vice Mayor Guglietta commented that as far as “checks and balances” goes, the Finance and department heads are this role and the Town Manager is the Chief Financial Officer and he needs to stay on top of the finances.

Vice Mayor Guglietta stated that the Police Department has 11 members, one is administrative specialist, 9 hard-working police officers, but, in the command structure, we have a Chief of Police, a Lieutenant, and 2 sergeants and 6 patrolmen this is 1.5 patrolmen supervised by each supervisor. Vice Mayor Guglietta stated that when the new Chief of Police is on board, we need to look at the command structure without eliminating people.

Mayor Walters opened the meeting to public comment regarding this agenda item.

Michael Fufidio, 205 Second Avenue asked that when you have three (3) shifts, who is supervising the second and third shifts? Mayor Walters stated that he would like to see a working Police Chief, someone who manages the Police Department and supervises the day shift, the Lieutenant could supervise the second shift, and a sergeant supervises the other shift, this is the way it has been successfully for a long time.



Mr. Fufidio responded that in most departments, the Lieutenant does not go out on night patrol, he administers under the Chief. Mr. Fufidio stated that you have two (2) Sergeants and you need them both. Vice Mayor Guglietta sated that he is not saying eliminate a person, eliminate a position in the command structure.

Tricia Riemer, 607 Riverside Drive commented that there are certain guidelines for hiring a Police Chief and we now have a Commissioner changing the structure of the Police Department, this command structure is up to the Chief of Police.

Tom Shaw, 406 Riverside Drive commented that with turnover in the Town, it seems that the Town should look at the books and see where we are at and to not know seems scary to say the least. Mr. Shaw asked if there is a projected time when a report will be available? Mayor Walters responded that we are in the midst of an audit and are hoping that at the end of this period of time, we will find out where we are at and how much money we will have.

Interim Town Manager Taylor stated that the finances are his top priority.

D. DISCUSSION OF TRAFFIC LIGHT STUDIES (COMMISSIONER WILSON)

Commissioner Wilson stated that the traffic signal has been in about a year or so and the Town has had a traffic count done to see if the signal was working regarding cut-through traffic on the south side of Town. Commissioner Wilson pointed out that the problem is most of the cut-through traffic was north bound and that he noticed that before the signal was installed, most people were cutting down up at Highway A1A and they took Oak Street from the south to the north to go through the 4-way stop from the south and cross over that way. Commissioner Wilson stated that if you look at the Pine Street numbers before the signal, 992 cars per day were north bound and only 300 south bound. Commissioner Wilson stated that at the first segment near Fourth Avenue, 2,500 to 2,600 were southbound but 3,200 north bound almost 700 cars were going northbound that were no coming home. Commissioner Wilson stated that the same thing was happening at Orange Street, there were 2,400 going south bound and 2,750 going north bound. Commissioner Wilson stated that the cars that were not coming across from Highway A1A and going down Oak Street and taking the 4-way stop from the south, were coming up Highway A1A and seeing what was going on up there would cut down Surf Road. Commissioner Wilson stated that after a year that the signal was in, between Ocean Avenue and Fourth Avenue, there were 2,759 cars going south and 2,850 going north. At the second segment, you have 2,400 going south and 2,434 going north so almost all of that traffic was eliminated cutting through by Gemini Elementary School. Commissioner Wilson pointed out that if you look at the counter at the southern most tip, there were 1,283 south 1,186 north. Commissioner Wilson stated that the northbound cut-through traffic has been greatly reduced, but there is a problem on Pine Street as 755 cars are going south on Pine, up from 314, but the north bound traffic has dropped to 493 and for some reason, more people are taking Pine Street south. Commissioner Wilson stated that the county people are saying that it is possibly the Indialantic right-hand turn that made it more attractive for people to use Riverside Drive. Commissioner Wilson pointed out that the right-hand turn at the traffic signal has people backing up as the Police have been watching this situation, which could result in the increased traffic on Pine Street.

Commissioner Wilson stated that he would like to look into the possibility of putting a right-hand turn lane on the south side of eastbound Ocean Avenue that will allow someone who is turning left to get into the middle of the intersection and allow others to go straight around him. Commissioner Wilson commented about the possibility of Republic Bank giving some right-of-way for this lane. Commissioner Wilson stated that the number of cars on Pine Street troubles him because this is the street that everybody skates, bikes, walks and the school children use this road to go to school. Commissioner Wilson asked if there is a situation to merit a right-hand turn at the traffic signal. Commissioner Wilson referred to a letter the Town received from a resident on First Avenue.




Mike King, 1401 Oak Street commented that he co-chairs the Oak Street Traffic Calming Committee and they are well aware of the traffic counts. Former Town Manager Hoskovec responded that we sent a proposal to the Florida Department of Transportation to do a traffic study to put a right-hand lane and have not heard from them as of yet.

Gretchen Sauerman, 406 Atlantic Street commented that people on First Avenue and Second Avenue can blast down Pine Street all of the way to Second Avenue and when they get stopped there, they really start turning. Ms. Sauerman commented that it is not just cars cutting from Indialantic at the turn, it is others going to the post office on this side of Town and going back through that traffic light, if there is one person turning left to go northbound, the traffic will only allow one person per cycle most of the time. Ms. Sauerman commented that people see this backup and everybody zips down Pine Street rather than waiting on the traffic light.

Tom Shaw, 406 Riverside Drive commented that he has seen a problem with people driving down Riverside as traffic has increased since the right-hand turn was put on Riverside Drive. Mr. Shaw commented that the Town needs traffic counts on Riverside Drive and possibly install traffic humps to slow people down on this road. Commissioner Wilson responded that Riverside Drive is designated minor arterial road.

IT IS THE CONSENSUS OF THE TOWN COMMISSION TO HAVE THE INTERIM TOWN MANAGER LOOK INTO THE PROCEDURE TO MAKE A RECOMMENDATION TO THE STATE AND REPORT BACK TO THE TOWN COMMISSION BY THE NEXT MEETING.

E. DISCUSSION OF BUILDING OFFICIAL’S EXPLANATION OF HAMILTON HOUSE. (COMMISSIONER WILSON)

Commissioner Wilson stated that he was contacted by some residents on the north side of Atlantic Street and was asked to look into a particular house, which is the Hamilton house, and about the height of that particular house. Commissioner Wilson stated that he asked the Building Official how he had measured the house and he showed me how he had done it and that he made some interpretations of our code that allowed what appeared to be a house that was over the 28-foot height limit here in the Town. Commissioner Wilson stated that he has come to find since he was involved in this situation, that the 28-foot height limit in this Town for single family homes in residential areas is very dear to a lot of people and they feel that one gaff in this code will allow more of this kind of situation to happen. Commissioner Wilson stated that he talked to the Building Official on a number of occasions and had pointed out to him some differences in the plans submitted on the house because it was a curious design to begin with, and one of the things he did notice was, by obtaining a set of plans of the very first approval of the plans as submitted to the Board of Adjustment in 2001, and on the plans it shows an aerial view of the home, and on that aerial view, it shows what turned out to be a recessed area of the roof that was running north to south virtually the full length of the house. Commissioner Wilson stated that it is clear on this set of plans, and on that set of plans it had a hollowed out, flat-roof area. Commissioner Wilson stated that on a subsequent set of plans that he looked at, and the measurements were made on that set of plans as to how high the house was, and noticed that the widow’s walk was divided into three (3) sections and on the north face of the house it had a flat roof area, in the middle section it had, recessed roof area and on the south section was a flat roof area and this was not on the original set of plans. Commissioner Wilson stated that he wondered if there was a roof up there because there has been no determination as the roof was the floor of the widow’s walk the total length of the house. This was the initial determination that had the Building Official okay this house saying that this is where you measure to is the floor of the widow’s walk down to the slab of the first floor and that is 28 feet and the rest of this is his interpretation. Commissioner Wilson stated that since



that time, on that set of plans, a large section has been enclosed, that is no longer widow’s walk, on the north section and has a capped roof across the top and a section down the side. Commissioner Wilson stated that these are approximately 50% of the total width of the widow’s walk, if I'm right, this is a large house, it is somewhere around 32 feet with a capped section of this supposed appurtenance that is up there. Commissioner Wilson stated that he asked the Building Official to go up there and tell me what he saw up there if he would and he came back with a memo, and I asked him to put in writing exactly what he saw up there. When I talked to him on the telephone he said that what he saw he was not expecting, but I showed him on the plans the change that had been made from the original plans submitted and he looked at it and was not really sure and did not make any real comments about it so I'm not sure he really realized what was happening and we’ll let him explain that. Commissioner Wilson stated that he has put this item on the agenda because he thinks there has been a change in the design of the house and it is probably not meeting the code of 28 feet because now there is a new structure on top and it is two (2) roofs and what you really have is a multi-roofed home, with the new roofs at 32 feet and the recessed roof or former widow’s walk at 28 feet. Commissioner Wilson read a memo received from the Building Official, “The Hamilton house is as it was approved. The appurtenances are still subordinate to the total roof. The mechanical rooms are as indicated on the plans, are without access to the dormers, and not likely to be habitable for all intensive purposes.” Commissioner Wilson stated that this is the reason he brought this up tonight because he believes we need an explanation and he also has an invited guest here about this situation.

Mayor Walters asked Interim Town Manager Taylor if he addressed this issue from the Building Official regarding his explanation.

Interim Town Manager Taylor stated that he spoke with the Building Official the other day just to get an understanding as to what his interpretation was and how he did the measurements and saw the photographs that he took, and that he was trying to understand from where he was coming.

Mayor Walters asked Interim Town Manager Taylor if he has any objections to the Building Official explaining this to the Town Commission.

Building Official Munroe stated that as far as he is concerned, nothing has changed and the plans are as they were approved and he thinks that the numbers will play out that it is still subordinate to the primary and he is still going to contend that it is an appurtenance and well within the description in the ordinance book for appurtenances.

Commissioner Wilson stated that the appurtenances went from, on the original design, and asked if he issued a new building permit for the new design on the plans or was it the original one? Building Official Munroe stated that there are only two (2) sets of approved plans, this one has his stamp on it and the other is in the possession of the contractor, this is the approved set, not the set that was originally looked at at the Board of Adjustment meeting. Commissioner Wilson asked if the set he has is an approved set? Building Official Munroe stated that it is not. Commissioner Wilson asked if they have his initials on it? Building Official Munroe stated no they don’t.

Commissioner Wilson stated that he truly believes the roof of this house is 32 feet and announced that he has a special guest to speak and be it an appurtenance or whatever, it certainly looks like a roof and is on the plans as a roof and our code says that you measure to the highest point of the roof or facade and now that it is named as a roof on the plans, he believes this particular home is in violation for the height, at 32 feet.

Attorney Joel Rosenblatt, 445 Eleventh Avenue, Indialantic stated that he represents Dr. Michael West of 406 Atlantic Street, just a little to the north and across the street from 501 Atlantic Street. Attorney Rosenblatt stated that he understands that the purpose is as a fact-finding body. Attorney Rosenblatt stated that he understands that the building, from the plans, measured to the highest point on the roof,



as called out in your code, is over 32 feet. Attorney Rosenblatt stated that Doctor West has informed him of this and Doctor West is a professional engineer and a consultant in heating, ventilation, and air conditioning and can certainly measure the height of a three (3) dimensional building although anybody can, it is a common ordinary measurement, you just measure vertically to the highest point in the roof and Doctor West tells him that the highest point of the roof is 32 feet, plus and that he understands that the roof is irregular and understands from the testimony he has heard tonight that there is a recessed portion and the ends of the roof are capped. Attorney Rosenblatt requested to read a statement into the record, “The house, from Doctor West’s observation, measured to the highest point in the roof is over 32 feet, in violation of the zoning code and it is contrary and in conflict to the zoning code. As I understand the Melbourne Beach ordinances restrict the height of the house to 28 feet, at 32 feet, of course is over the limit and I wish to point out to the Council that the permit for 501 Atlantic Street is issued contrary to the Town Code under these conditions that I have stated and as such is an ultra virus act and void. Attorney Rosenblatt quoted a legal citation, Town of Lauderdale by the Sea v. Meretsky, 773 So.2d 1245 1249 (Florida Appeal Fourth District 2000). There is no competent substantial evidence, at this point, based on what I said earlier, in support of the void permit. 501 is owned by a gentleman named Jack Hamilton and as the owner of 501, is presumed to know the code and the 28-foot limit. In the permit’s affidavit, as I understand it, Mr. Hamilton demonstrates his knowledge of the code by stating the 28 feet height, and, if you look at the permit, you will see 28 feet and it is signed by Mr. Hamilton. I think by that evidence, Mr. Hamilton may be presumed to have actual knowledge of the code and is presumed to have constructive knowledge of the code and by having constructive knowledge of the code his is also presumed to have knowledge of the authority of the Building Inspector and what the extent of that Building Inspector’s authority is, the Building Inspector cannot authorize what is an unauthorized building permit. Attorney Rosenblatt read legal citation, which is the same as above, Town of Lauderdale by the Sea at 1249. Attorney Rosenblatt stated that a building permit, which is issued in violation of Town law may be rescinded even though construction may have been commenced. Misstatements in the permit’s affidavit and knowledge of the code, actual or constructive, rule out any exception on principles of Equitable Estoppel, and the citation for that is, Godson the Town of Surfside ETL 8 So.2d, 497 at 498 (Florida 1942). 501 Atlantic, a 32-foot building in an otherwise 28 foot residential zone amounts to a defacto spot zoning by a private party and a violation of the sole an exclusive zoning authority of the elected Town council. Spot zoning of a limited area for the benefit of one or a few at the expense of the general community is a practice which courts have universally condemned. Parking Facilities, Inc. v. City of Miami Beach 88 So.2d, 141143 (Florida 1956). Only the Town Council has the authority to change the zoning laws, however, under principles of equal protection under law, those similar circumstances, similarly situated to a 32-foot house at 501 Atlantic cannot be denied the same building right. City of Coral Gables v. Wetman 418 So.2d, 339 342 343 (Florida Appeals Third District 1982, Rehearing denied 1982) The Town Council has the authority and has committed itself by its oath to use its Police power to enforce its own laws. What 501 Atlantic has placed at stake is the duly enacted 28 foot residential height limit as placed in the code and as the exclusive authority of the elected council members to amend and enforce. I wish to add that the Town and the Commission members are not subject to judicial intervention for discretionary decisions relating to basic governmental functions. Activities with regard to laws, regulations, licenses, permits, variances, and directives are basic governmental functions. The judicial branch may not interfere with those basic functions unless there is a violation of the Constitutional or Statutory authority, Trianon Park Condominium v. City of Hialeah 468 So.2d, 912 (Florida 1985). Attorney Rosenblatt stated that just as an aside, I heard earlier tonight that there may be some proposal to change the code to prevent future buildings from being built at the 32-foot height and is not prepared to address this point and cite a legal opinion, and if I have to, I certainly will, and, my understanding is if the change in zoning is made to restrict houses from this point on, residences to 28 feet, it has to be with some substantiative reason so it does not appear that you are doing it just to allow the 501 house in because I still think you will have problems with equal protection. Attorney Rosenblatt suggested that if the Town Commission is going to make findings, based on what he knows, the permit for 501 was void from the moment it was issued and as such is an annealed. The Building Inspector cannot authorize what is an illegal act. Attorney Rosenblatt stated that a Certificate of Occupancy cannot be issued for 501 Atlantic until a valid permit is issued and he does not think this Commission will have an objection to an application for a new permit or for the owner of 501 Atlantic



to seek a variance. Attorney Rosenblatt stated that commencement of construction with an invalid permit confers no rights.”

VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER STACEY TO EXTEND THE MEETING UNTIL 10:30 P.M. VOTE: ALL AYES. MOTION CARRIED.

Mayor Walters opened the meeting for comments from the public regarding this agenda item.

Mr. Jack Hamilton, 303 Sunset Boulevard stated that we have been through this at nauseam and with due respect to Mr. Rosenblatt, we had a fact-finding mission here, we had a hearing where several people made comments and the Building Inspector explained his interpretation of the plans and my architect was here and explained how the house was built and why it was built. Mr. Hamilton stated that he has a copy of the plans signed by Daryl Munroe, the Town’s Building Official at it is the same house that was built, there have been no deviations from the plans and Mr. Wilson’s comments to the contrary are flat wrong. Mr. Hamilton stated that his interpretation is that the flat part of the roof is the major part of the roof and that the other part is an appurtenance, it is subordinate to the flat part of the roof. The flat part of the roof is actually less than 28 feet from the floor elevation. We have a situation where we have an interpretation by the Town Building Official, who has been designated with the authority to make this call, that the house is in compliance with the code. Mr. Hamilton stated that we have had several hearings on this, we were granted a permit in May of 2002, coming up on two (2) years’ ago, and house is almost finished and this Commission has twice ruled that you will take no further action on the house and there is nothing on the agenda tonight to suggest that there will be any action taken. Mr. Hamilton stated that he does not know why we are here, why do we have to keep coming to have the same discussion. Mr. Wilson has a personal vendetta on this matter for some reason and has stepped way beyond his obligations as an elected official of this Town and is acting willfully and unlawfully, it has to stop. Mr. Hamilton stated that Mr. Dyer is here to explain his interpretation of the law and your own Town Attorney, who is considered the finest City Attorney in Brevard County, has given you an opinion on this time and time again. Mr. Hamilton stated that a permit was issued, we built according to the plans, what else is there to talk about? The time to discuss this was back in May 2002, not after the house is built. Mr. Hamilton asked if the Town Attorney has an opinion on the three (3) points that were circulated by Mr. Wilson, who wants to be an attorney, but unfortunately he is not, we have real attorneys here who can give real opinions.

Mr. Hamilton introduced David Dyer, 325 Fifth Avenue, Indialantic, a real estate lawyer, and a city government lawyer, who has been practicing in Brevard County for 23 years and has represented the City of West Melbourne, Satellite Beach and has sued City Commissions and defended the law suits. Attorney Dyer came forward and stated that the first thing that is troubling is how we got here. The guise that got this on the agenda was that somehow or another, the house was built did not comport with the plans, which is all based on erroneous information and as Mr. Munroe has told you, the house as built is exactly in compliance with the plans. Attorney Dyer stated that this is the third time here and what has changed? Mr. Wilson has finally found himself a lawyer who agrees with him, that is what has changed, so we get a dog and pony show from an attorney. Attorney Dyer stated that the law has not changed since we had this hearing in November or December, the Doctrine is Equitable Estoppel, and the Town Attorney has discussed this and explained to the Town Commission on several occasions the legal problems the Town has here in trying to do anything other than allowing Mr. Hamilton to finish the house and nothing has changed, in fact, it has gotten substantially worse because under the Doctrine of Equitable Estoppel, there is a duty on the part of someone attempting to stop Mr. Hamilton to act immediately. Attorney Dyer stated that we have had a series of hearings over the course of the last two (2) months and the Building Official has explained on several occasions exactly why he approved the plans, how he measured, etc. and nothing has changed, it is that simple. The reason we are here is that Mr. Wilson finally found himself and attorney that agrees with him, one (1) attorney. Attorney Dyer stated that I would ask you to again consider the legal memorandum that contains three (3) points and I think Attorney Gougelman will agree



with me, to the extent that he does not, he is the Town’s attorney and would advise you to take his opinion. Attorney Dyer stated that the three (3) premises put forth in that memo are wrong. First, the statement that the Town can’t be sued, it can be, I’ve sued this Town before. Second, it is Mr. Hamilton’s sole responsibility to meet the code, and under Equitable Estoppel, if you give him a building permit, you cannot come back later and say that we made a mistake and it is your fault, this is an incorrect statement of the law. Third, that somehow or another that not taking action is going to wave the code, this is not the cast and Attorney Gougelman has given the Commission that advise previously. Attorney Dyer stated that all three points are wrong and at this point in time, no further action other than if there is some way to cease bringing me back here on another Wednesday night, I would certainly appreciate it. There is no action available here to the Town that would be equitable and fair and that is the standard, it is equitable, is it fair to try to stop Mr. Hamilton after he has spent the kind of money on this house so we would ask the Commission to reaffirm its previous decisions and take no action at this time.

Mayor Walters stated that going back to the previous meetings, his understanding was that we have a code which allowed for an exception to the 28 foot and that exception was an appurtenance and our Building Official decided that the facade, the widow’s walk if you will, was the appurtenance and it was my understanding and I thought Mr. Hamilton said it that the widow’s walk went all the way across the building from one point to the other and that is what the problem is now, we are told that the widow’s walk is only in the middle and now we have a second roof on there, this is why I am confused. Mr. Hamilton stated that we changed the plans many times before they were permitted, but the permitted set of plans is as the house was built, there is a flat section of the roof, which is the main section of the roof and the appurtenances, which now include both in the front and on the sides, which are subordinate to the main roof, are what Mr. Munroe has described as an appurtenance, and that is his interpretation of the plans. Mayor Walter pointed out that the plans Commissioner Wilson is referring to have the Building Official’s initials on them as well. Mr. Hamilton stated that the one signed on May 2002 are these plans. Attorney Rosenblatt came forward and stated that he would like to make one correction for the record, Mr. Dyer said I was Wilson’s attorney and I am not here representing Mr. Wilson, I am in a representative capacity for Doctor Michael West at 406 Atlantic.

Jan Futch, 801 Oak Street commented that she is not prepared to be sued, if Daryl messed up, we need to admit it, Ms. Futch stated that she is not prepared to go up against Mr. Dyer, he is the best there is.

Alice Graham, 305 Fifth Avenue commented that if somebody does something wrong and the plans were wrong, everything is negated and that she does not think that we have to take one lawyer’s point of view.

Tom Shaw, 406 Riverside Drive commented that he disagrees with Mr. Hamilton as he stood at this podium and stated that the widow’s walk went from one end of the building all the way to the other and tonight he says he never stated that whatsoever. Mr. Shaw commented that the comment in regard to the percentage of the low-level roof, in comparison to taking water off the rest of the structure, to me, any sane person would say that is not subordinate.

Xochitl Ross, 1106 Atlantic Street commented that she is interested in the percentage of the roof areas. Mr. Hamilton responded that he has not calculated it, but the low level of the roof is certainly more than 50% and that is the Building Official’s interpretation also.

Mark Abraham, 410 Oak Street commented that is no appurtenance, if you look at the architectural definition of the structure of the building you have a facade that rises on the north and south of the building straight up to the very top of the facade, which is a wall, and if you view the building from the west, you have a roof that ends at the site line at the top of the building and this is the highest point of the roof and it is a sham to call this an appurtenance. Mr. Abraham stated that there has been so much discussion about appurtenances and exceptions and some how or another there is a loop hole



big enough to drive a truck through it, and the truth is, there is no appurtenance.

VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER STACEY TO CONTINUE THE MEETING UNTIL 11:15 P.M. VOTE: ALL AYES. MOTION CARRIED.

Attorney Rosenblatt commented that earlier he said the building height, by inspection is 32 feet plus, and I said that Doctor West can attest to that information. Attorney Rosenblatt stated that he should have added that if you take a section line east to west along any point on that house, whether you go through the covered portion or you go through the portion with the widow’s walk, you will come up with 32 feet, as he understands it from Doctor West and if you want particulars on this, you might want to ask him. Attorney Rosenblatt commented that when Doctor West asked him to appear and represent him, he told me to provide a legal opinion and that was with citations and anybody who goes into a court room and states authorities of law, will be asked to state the authorities and those are the citations I gave you and with due respect to Mr. Dyer he did not state any authorities and the Town Commission has a right to those authorities for any points made before it makes any decision.

Attorney Dyer stated that there is a lot more to this than finding two (2) points on a concrete wall and saying it is more than 28 feet. Attorney Dyer stated that we have had substantial discussions on the problems with the Town code, there are problems with measuring at the bottom and top of this house as the bottom was tied to a nonexistent line, the FEMA line or a point not less than 18" above the crown of the road. The Doctrine is Estoppel and his understanding about what was on the agenda was a discussion about whether or not the house that was built was the house that was permitted. Attorney Dyer commented that Attorney Gougelman has advised that you cannot take action along the lines of trying to stop the building of this house.

Commissioner Wilson responded that when the word “Estoppel” is used you say that somebody has told you something that is false. Attorney Dyer corrected and said that a statement or representation is made by one party. The Town granted a building permit to Mr. Hamilton and he relied on it, and it is inequitable to allow the party to come back and recant that and leave the person who relied on it at a financial disadvantage.

Commissioner Wilson stated that he is concerned about who has stopped who, the first plans had a widow’s walk going the full length of the house and there was a parapet wall and nobody advised that these are now capped off. Attorney Dyer stated that the legal plan is indefensible.

Mike West, 406 Atlantic Street commented that there are two (2) houses going up next to Mr. Hamilton’s house, one at 401 and one at 411 and what is the Town Commission going to do when they come and want their house as tall as Mr. Hamilton’s house.

Mayor Walters asked Town Attorney Gougelman what his opinion is regarding this matter to date.

Town Attorney Gougelman stated that there are more houses going up and the Town Commission has taken action that staff prepare a revised ordinance with a 28-foot height to get all of the irregularities and impurities out of the ordinance and make it clear and defensible. Town Attorney Gougelman stated that the draft ordinance has been put together and it is lengthy and hopes to get this to the Building Official, Town Planner and Interim Town Manager for review and comments and it will then go the Planning and Zoning Board for review. That ordinance will, if applied properly, will fix a lot of problems that have been raised and does not see this problem surfacing again, if the ordinance is properly enforced.

Town Attorney Gougelman stated, have things somehow changed? And stated that he does not



know, but does not think they have. Attorney Gougelman stated that somebody at one of the earlier meetings said that, “Ray Charles could see that the house violates the 28 foot height”, and no offense to Mr. Hamilton and Attorney Dyer, but he has driven by the house and thinks that is probably a true statement. Town Attorney Gougelman stated that to a point, it is an over simplification, the matter is not do you look at it and say to yourself, it looks like more than 28 feet, you have to read the code and see how the code tells you to measure 28 feet. Town Attorney Gougelman commented that the code is a disaster, it says use standards that do not exist, use the elevation set by FEMA and FEMA does not set an elevation for construction. As a result, you have a code that the Town has drafted and the court will construe the code against the Town because we had the choice of wording and any vagueness will be construed in favor of the property owner, if there is any irregularity, anything that is unclear will be construed against the Town. Town Attorney Gougelman stated that when the Town predecessors decided to make the Building Official the person who interprets the building and the zoning code. Town Attorney Gougelman asked if the Building Official is an incompetent, no, he is certified by the State as a Building Official and has been doing this work for a long time and the Town has designated him to act for the Town. The Building Official has looked at the code and said that the plans meet the 28 foot requirement and he has looked at the house and has determined that the house that was built, mirrors the plans. Town Attorney Gougelman asked if the house meets the 28 foot requirement and responded that no it does not, but the fact of the matter is that the Building Official interpreted what was written in the code and this causes Mr. Dyer to argue Equitable Estoppel, and the case he has cited, City of Hollywood v, Hollywood Beach Hotel, 329 So.2d 10 (Florida Supreme Court 1976) and the case talks about a situation in which a building permit was issued by the City of Hollywood and the builder relied on that permit and whether or not he can pursue his construction. Town Attorney Gougelman stated that Mr. Hamilton came in and presented his plans, the Building Official on behalf of the Town interprets those plans and determines they meet the code and approves the plans. Mr. Hamilton spends $1 million in reliance on what the Town has interpreted as the standard to be applied. Town Attorney Gougelman stated that under the law of Equitable Estoppel, there have been cases in which the expenditure of as little as $5,000 has been determined to be enough for reliance purposes.

Town Attorney Gougelman stated that Mr. Rosenblatt is correct in his explanation that is a Building Permit has been issued by mistake, then Equitable Estoppel goes out the door and he cited Godson v. Town of Surf Side which is a 1942 decision of the Florida Supreme Court and a correct citation. Town Attorney Gougelman stated that the building permit was not issued by mistake by the Town as the Building Official, if you look at the transcript of Daryl Munroe’s discussion and how and why he issue the permit, it is very clear, he interpreted the code and knew what all the facts were. The Godson case referred to the high water mark and the location of that and the Town messed up as they thought the high water mark was in one location and it turned out in another. Town Attorney Gougelman stated that here, in this particular case, a set of plans was given to the Building Official, he looked at them and stamped them approved after reviewing them and after making some determinations and telling Mr. Menzel, the person who drew the plans, what he on behalf of the Town was expecting, as far as height is concerned. Town Attorney Gougelman stated that respectfully, you can argue all day long that the house is higher than 28 feet, and any common, ordinary, normal-thinking right thinking person is going to go out there and look at it and say, that it is over 28 feet and they are right, but, when you look at the code and what the code says, and at the Building Official, 28 feet is not 28 feet. Fortunately for the Town of Melbourne Beach, the Town Commission has figured that out and instructed that we fix the code so that this situation does not recur time and time again.

VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER STACEY TO EXTEND THE MEETING UNTIL 11:30 P.M.

Town Attorney Gougelman asked Mr. Hamilton to authorize the stenographer to forward a copy of the transcript from this evenings meeting? Mr. Hamilton responded, sure absolutely, I’ll pay for it.



Commissioner Price stated that the report given by the Town Attorney is a report that was given before at these meetings and that he thought he understood it then and he understands it now that, the real problem that confronts us is that we have given one person a tremendous authority and that has been given to the Building Official, who is also the Zoning Official and with these two (2) hats he has been making decisions. When he makes a decision as the Zoning Official, the Town Commission is making the decision and this sets the stage for court battles, lawyers fees, and we can win and lose and lose quite heavily.

Commissioner Price stated that we had come up with a plan to clean up our act, find a way to put this behind us and go forward, but it keeps popping up and that he does not fully understand why because the light at the end of the tunnel is a raging inferno and we do not want to walk into it..

Commissioner Wilson asked if the opinion of the Building Official can be overturned? Town Attorney Gougelman responded that when Mr. Munroe, acting as either Building Official or Zoning Official renders an opinion, there is a route to appeal that opinion and this is to the Board of Adjustment. Commissioner Wilson asked that if that opinion is overturned by the Board of Adjustment, if they determine there are roofs on the top of that house, what action would be taken at that point? Town Attorney Gougelman stated that in this case, he thinks the Town would still be facing the Doctrine of Estoppel and the reason is that you have to act on it fairly quickly and in our code, we talk about an appeal being launched within 30 days after it has been rendered, and the reasoning for that is if you wait for a year or two (2) and allow someone to go out and spend a lot of money in reliance on the determination and then you go back and take an appeal, they will claim Equitable Estoppel, which is exactly what Attorney Dyer is claiming. Commissioner Wilson stated that even though it would be overturned, the court will find in their favor on an estoppel situation, even though the plans may be illegally approved, not in compliance with the codes of the Town? Town Attorney Gougelman stated that illegal probably is not the word to use, but what you are saying is that the plans were not in compliance with the code. Town Attorney Gougelman stated that the court will simply say that the Building Official tried to make sense out of a code that does not make any sense and the Town came up with the wording of the code and the Town will be held to it.

XI. REPORTS:A. TOWN ATTORNEY

Town Attorney Gougelman stated that the new height ordinance in draft form and it be sent to staff for comments and then sent to the Planning and Zoning Board.

B. TOWN MANAGER Interim Town Manager Taylor reported that his top priority is getting on top of the financial situation and the Finance Clerk is working on the 1099's and W-2's to get those out and is starting to prepare some of the schedules for the Auditors.

Interim Town Manager Taylor stated that he wanted to start recruiting for the Financial Manager position because he is sure he wants the position and would like to look an alternative plan that will be less expensive.

Interim Town Manager Taylor stated that he looked at a computer run to make sure the expenses have been posted against the budget and that he looked at the revenue with expenses year-to-date and revenues are ahead of expenses and the year-end bank statements appear to be in good shape. Interim Town Manager Taylor reported that the Town Manager applications are coming in and that he has made phone calls to recruit some people. Interim Town Manager request a list of personal qualities and professional skills each Commissioner would like to see in the next Town Manager. Interim Town Manager Taylor stated that he sent a memo to the Town Commission on floor area



ratio and advised that the Town Commission may want to look at this for the future as it relates to mega homes.

C. TOWN COMMISSIONERS

Mayor Walters reported that the Commission received a copy of a change order for two (2) items on the Municipal complex, bulletproof glass to the west window of the clerk’s office for $1,300 and add a concrete sidewalk for $1,378 for a total change order of $2,694 and advised that the sidewalk is already in and he can’t tell if the glass has been installed. Interim Town Manager Taylor stated that he did some checking on that and apparently the sidewalk was put in some time ago and Bill Hoskovec had verbally approved the bulletproof glass and this paperwork is the follow up. Mayor Walters asked that Jack Rood attend the next meeting to discuss where we are at on the complex and what we are going to do with the signs and everything.

Vice Mayor Guglietta reported that he would like to the situation of the broken playground equipment taken care of and have someone look into the roof on gazebo. Vice Mayor Guglietta asked for input from Interim Town Manager regarding what other communities besides Vero Beach has ordinance regarding floor area ratio.

Commissioner Price apologized for his part in the outburst and stated it was wrong and that the Town Commission has done a lot of work and it needs to be done civilly and respectfully.

Commissioner Stacey asked that Interim Town Manager Taylor ask the Public Works Department to look at the pier regarding people getting out of water as a safety feature. Commissioner Stacey read a letter received from Karen S. Robins and read it into the record. (copy attached) Commissioner Stacey requested that the Town Clerk make a list of all resumes received for the Town Manager position.

Commissioner Wilson reported that the Town’s Building Official either purposefully ignored a major change to a building that was questionable to begin with and made an appurtenance definition based on an original set of plans, even when I showed him the change of the plans, stood there with his mouth open and when I talked to him about it, he said, “I didn’t see what I expected to see up there”, so either he is acting without scruples or he is a total incompetent. Commissioner Wilson reported that he would like to direct the Town Manager to eliminate this person from staff immediately. Town Attorney Gougelman responded that the Town Commission has the ability to advise the Town Manager regarding its feelings regarding the performance level of any department head, but, cannot fire the Building Official. Commissioner Wilson stated that the Building Official’s actions are inexcusable as he will do this again up the street. Mayor Walters asked if this issue needs to be on the agenda? Town Attorney Gougelman responded that he thinks this is an administrative thing because the Town Commission is indicating, as a group, how you feel about an employee’s performance, but, the decision is up to the Town Manager.

COMMISSIONER WILSON MOVED, SECOND VICE MAYOR GUGLIETTA TO SHOW THE TOWN COMMISSION’S UTMOST DISAPPOINTMENT IN THE BUILDING OFFICIAL’S PERFORMANCE IN MULTIPLE UNILATERAL DECISIONS AND THE TOWN COMMISSION ADVISES THE TOWN MANAGER TO TAKE A SEROUS LOOK INTO HIS PERFORMANCE AND ACT ACCORDINGLY. VOTE: ALL AYES. MOTION CARRIED.

Xochitl Ross, 1106 Atlantic Street commented that this issue keeps coming up because it is wrong as the Building Official is taking one word out of context and pinning all on that word. Ms. Ross stated that he is doing the same thing with the setbacks and here we are again.

Gail Gowdy, 215 Ash Avenue commented that it is taking the citizens of this community to make an appeal to the Board of Adjustment at a turn of $375 out of our pockets to correct something that



the Building Official is interpreting incorrectly. Ms. Gowdy stated that she has asked the Building Official to put his opinion to me in writing and have talked to the Interim Town Manager about this and has not heard any thing. Ms. Gowdy stated that the Building Official is interpreting things incorrectly and it is going to cost this Town.

Jan Futch, 301 Oak Street suggested that the Town tighten up the codes and that is why we get into these things.

Mike King, 1401 Oak Street commented that having looked at the drawings, there is no interpretation needed to clearly see that there is a roof and a floor. Mr. King commented that there are other ways to remedy this, maybe the Planning and Zoning Board could review new homes or homes that are 50% changed for compliance with the code.

Mark Abraham, 401 Atlantic Street commented that if an individual decides to favor an individual who is asking for an exception, we loose the premise to uphold the rights of the people of the Town and do what is right for the people as a whole and not the individual as an exception. Mr. Abraham commented that the Building Official is looking at it from the viewpoint of the individual and not the Town.

Mayor Walters reported that the Town Commission has directed two (2) former Town Manager to fix the microphones and get speakers in the back of the room. Mayor Walters stated that for two (2) years there has been an issue regarding the Town employee’s pension plan and that he sat down with the Interim Town Manager and ten (10) minutes later he had a great suggestions to the problems. Mayor Walters reported that the former Interim Town Manager wanted to get the eight (8) Town computers to Gemini Elementary School as promised by the former Town Manager and the Town Commission directed her to find out where the computers came from, how much they cost, and how old they were and where the replacements came from and she advised that she directed the Public Works Director to find this information out and it still has not been done. Mayor Walters requested that Interim Town Manager Taylor follow up on this.

Mayor Walters stated that the Town Commission needs to set up a workshop to review the Town Manager applications. Town Attorney Gougelman suggested that the Town Commission hold a special meeting if they plan to make a short-list of applicants. It was decided to hold a special meeting on Friday, January 23, 2004 at 7:00 p.m. to sort through resumes. Mayor Walters stated that the Town Commission had directed that the new patrol cars, for safety reasons, be given to the officers and there is one new vehicle that the Police Chief has been driving and asked that this be taken care of, Officer Dodson responded that the vehicle is being used by the officers.

D. GENERAL COMMISSION DISCUSSION (TIME PERMITTING) There was no Town General Commission discussion.

XII. ADJOURNMENTCOMMISSIONER STACEY MOVED, SECOND VICE MAYOR GUGLIETTA TO ADJOURN. VOTE: ALL AYES. MOTION CARRIED.

The regular meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 11:42 p.m.



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COMMUNITY CENTER

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A special meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by Mayor Walters at 7:03 p.m. on Friday, January 23, 2003 in the Community Center. Mayor Walters also led the Pledge of Allegiance


Others Present: Six (6) Members of the publicTown Clerk Masny

I. REVIEW AND POSSIBLE RANKING OF TOWN MANAGER APPLICANTSCommissioner Stacey asked to discuss what the Town Commission would be prepared to spend for Town Manager applicants to come to an interview. It was discussed to pay for overnight lodging for Florida applicants, if requested by them, pay for mileage at $.30 per mile per Town policy, and pay per diem for meals. If interviewing from out-of-state, pay for airline ticket and lodging.

The Town Commission reviewed Town Manager resumes received to date and ranked those applicants they would like to interview from the State of Florida. These are as follows:

1. James D. Drumm2. Douglas L. Lewis3. Curtis M. Allison4. Thomas Preston 5. Donald St. Georges

The Town Commissioner ranked resumes received from out-of-state and ranked them as follows for possible interviews:

1. Oliver Merriam2. Hal Mason3. Suzanne K. Kennedy4. Dennis J. White5. Shelley D. Miller


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COMMISSIONER WILSON MOVED, SECOND VICE MAYOR GUGLIETTA THAT THE TOWN COMMISSION INVITE THE FIVE (5) APPLICANTS SELECTED FROM THE STATE OF FLORIDA TO INTERVIEW ON SATURDAY, FEBRUARY 7, 2004 WITH INTERVIEWS BEGINNING AT 8:00 A.M. AND REVIEW THE REMAINDER OF ALL RESUMES RECEIVED THROUGH THE CUT OFF DATE OF FEBRUARY 2, 2004 AT 5:00 P.M., AFTER THESE INTERVIEWS ARE COMPLETE. VOTE: ALL AYES. MOTION CARRIED.

II. ADJOURNMENTCOMMISSIONER STACEY MOVED, SECOND COMMISSIONER PRICE TO ADJOURN. VOTE: ALL AYES. MOTION CARRIED.






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MINUTESTOWN COMMISSION

Special Meeting

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SaturdayFebruary 7, 2004

COMMUNITY CENTER

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An special meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by Mayor Walters at 4:36 p.m. on Saturday, February 7, 2003 in the Community Center.


Others Present: Interim Town Manager TaylorOne (1) member of the publicTown Clerk Masny

I. REVIEW AND RANKING OF REMAINING TOWN MANAGER APPLICANTS.

As all the Town Commission members did not have a chance to review the remaining resumes received for the Town Manager position, it was the consensus of the Town Commission to rank the applicants which were just interviewed for the position.

Each Commissioner ranked the interviewed candidates number one (1) through four (4), with number one (1) being the highest rank to be received.

The following ranking of each Commissioner was tabulated by Interim Town Manager Taylor and are attached.

#1 - Curtis M. Allison #2 - Douglas L. Lewis#3 - Thomas Preston#4 - Donald St. Georges

COMMISSIONER STACEY MOVED, SECOND COMMISSIONER PRICE THAT THE TOWN MANAGER PERFORM BACKGROUND CHECKS ON APPLICANTS CURTIS ALLISON AND DOUGLAS LEWIS. VOTE: ALL AYES. MOTION CARRIED.

The Town Commission decided to hold a meeting on Wednesday, February 11, 2004 at 6:00 p.m. to


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review and rank the remaining Town Manager Applicants.

II. ADJOURNMENT

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






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Interview Workshop

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SaturdayFebruary 7, 2004

COMMUNITY CENTER

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An interview workshop of the Town Commission of the Town of Melbourne Beach, Florida was called to order by Mayor Walters at 9:35 a.m. on Saturday, February 7, 2003 in the Community Center. Mayor Walters also led the Pledge of Allegiance



INTERVIEW APPLICANTS FOR THE TOWN MANAGER POSITION:8:00 A.M. JAMES D. DRUMM Mr. Drumm sent a letter requesting to withdraw his resume for the Town Manager position as he accepted a position with the City of High Springs, Florida.

9:30 A.M. DOUGLAS L. LEWISMr. Douglas L. Lewis and the Town Commission introduced themselves to each other and Mr. Lewis gave a brief presentation regarding his background and experience as Town Manager. Mr. Lewis interviewed with the Town Commission and Interim Town Manager Taylor for the position of Town Manager from 9:35 a.m. until 10:58 a.m.

11:00 A.M. CURTIS M. ALLISONMr. Curtis M. Allison and the Town Commission introduced themselves to each other and Mr. Allison gave a brief presentation regarding his background and experience as Town Manager. Mr. Allison interviewed with the Town Commission and Interim Town Manager Taylor for the position of Town Manager from 11:05 a.m. until 12:55 p.m.

2:00 P.M. THOMAS PRESTONMr. Thomas Preston and the Town Commission introduced themselves to each other and Mr. Preston


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gave a brief presentation regarding his background and experience as Town Manager. Mr. Preston interviewed with the Town Commission and Interim Town Manager Taylor for the position of Town Manager from 2:00 p.m. until 3:08 p.m.

3:30 P.M. DONALD ST. GEORGESMr. Donald St. Georges and the Town Commission introduced themselves to each other and Mr. St. Georges gave a brief presentation regarding his background and experience as Town Manager. Mr. St. Georges interviewed with the Town Commission and Interim Town Manager Taylor for the position of Town Manager from 3:20 p.m. until 4:26 p.m.

There being no further business, the interview workshop adjourned at 4:27 p.m.






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Special Meeting

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WednesdayFebruary 11, 2004

TOWN HALL

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An special meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by Mayor Walters at 6:06 p.m. on Wednesday, February 11, 2004 in Town Hall. Mayor Walters also led the Pledge of Allegiance.



I. REVIEW AND RANKING OF REMAINING TOWN MANAGER APPLICANTS.

The Town Commission reviewed the remaining eighteen (18) resumes received for the Town Manager position and it was agreed to interview the following applicants.

James F. Coleman W.D. Higginbotham, Jr. Kenneth D. Knight Robert L. Norris Janice R. Roberts

The Town Commission requested interviews be scheduled for Tuesday, February 17, 2004 beginning at 8:30 a.m. and those candidates who cannot interview on February 17, 2004 will be scheduled to interview on Friday afternoon, February 20, 2004.

II. ADJOURNMENT

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


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Regular Meeting

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WednesdayFEBRUARY 18, 2004

COMMUNITY CENTER

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An regular meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by Mayor Walters at 7:00 p.m. on Wednesday, February 18, 2004 in the Community Center. Mayor Walters also led the Pledge of Allegiance.

Present: Mayor WaltersVice Mayor GugliettaCommissioner PriceCommissioner StaceyCommissioner Wilson

Others Present: Town Attorney GougelmanInterim Town Manager Taylor46 members of the publicTown Clerk Masny

I. CHANGES TO THE AGENDA Commissioner Stacey requested that agenda item IX.D. be removed from the agenda as he has discovered that the County may have renamed Paradise Beach Park in former Senator Futch’s honor. Commissioner Stacey stated that he found out that the park is half in the County’s jurisdiction and half in the City of Melbourne’s jurisdiction and that he would like to do additional research regarding this topic.

II. PRESENTATIONS BY SPECIAL GUESTS: GAIL GOWDY AND ANNIE HELEN THOMAS, MELBOURNE BEACH GARDEN CLUB REGARDING BICENTENNIAL PARK. Annie Helen Thomas and Gail Gowdy of the Melbourne Beach Garden Club reported that the Club applied for and received a grant through Keep Brevard Beautiful for native planting at Bicentennial Park. The grant award is in the amount of $2,000 to be matched by in-kind labor with help of the local surf organization and local Rotary Club. Ms. Thomas stated that the grant will include 152 plants and the existing beds will be grouped into three (3) plant beds on either side of the park, to make a total of six (6) beds. Ms. Thomas stated that the planting day will be March 13th at 8:00 a.m. and extended an invitation to the Town Commission and residents to help with the planting.

The Town Commission thanked the Melbourne Beach Garden Club for all of their efforts throughout the year.


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III. PROCLAMATIONS AND AWARDS: A. MAYOR WALTERS TO PRESENT “CERTIFICATE OF COMPLETION” TO COMMISSIONER WILLIAM G. STACEY FOR ATTENDANCE AT THE 2004 INSTITUTE FOR ELECTED MUNICIPAL OFFICIALS. Mayor Walters presented a Certificate of Completion to Commissioner William G. Stacey for his attendance at the 2004 Institute for Elected Municipal Officials.

B. MAYOR WALTERS TO PRESENT “CERTIFICATE OF COMPLETION” TO VICE MAYOR PAUL S. GUGLIETTA FOR ATTENDANCE AT THE 2003 ADVANCED INSTITUTE FOR ELECTED MUNICIPAL OFFICIALS. Mayor Walters presented a Certificate of Completion to Vice Mayor Paul S. Guglietta for his attendance at the 2003 Advanced Institute for Elected Municipal Officials.

IV. NON-SCHEDULED CITIZEN COMMENTS. Frank Thomas, 606 Atlantic Street commented that there is a church at the corner of Avenue A and Oak Street and was curious as he does not believe it is zoned for that. Mr. Thomas also commented that a sign is on the side of the building stating it is a church and has services.

V. APPROVAL OF MINUTES: JANUARY 5, 2004 JOINT WORKSHOP, JANUARY 7, 2004 WORKSHOP AND JANUARY 13, 2004 SPECIAL MEETING. Commissioner Wilson asked for a correction to the January 7, 2004 workshop minutes that on Page 5 at the end of the second paragraph, add a sentence to read, “Mr. Hamilton commented that he invited all of the Town Commission members, except for Commissioner Wilson.”

COMMISSIONER STACEY MOVED, SECOND COMMISSIONER PRICE TO APPROVE THE MINUTES OF JANUARY 5, 2004 JOINT WORKSHOP AND JANUARY 13, 2004 SPECIAL MINUTES SPECIAL MEETING AS WRITTEN AND APPROVE THE MINUTES OF JANUARY 7, 2004 WORKSHOP AS CORRECTED. VOTE: ALL AYES. MOTION CARRIED.

VI. REPORTS FROM ANY TOWN BOARD OR COMMITTEE SUBMITTING A REPORT: A. PARKS BOARD: APPROVAL OF FUNDS FOR MUSIC IN THE PARK EVENT SCHEDULED FOR MARCH 6, 2004. Donnie Price, Parks Board Chairman reported that the Board has a music in the park event planned for March 6, 2004 with an acoustic music festival that will include two (2) bands with three (3) groups of hay bails for the musicians to sit on and play their instruments. Chairman Price commented that the bands are called “Acoustic Alliance”, and the event is free to all and musicians are invited to join in at the hay bails, depending on talent. Chairman Price reported that there will be two (2) showings, one from 2:00 p.m. until 4:00 p.m. with a band named, “One Street Over” and the other show will be from 7:00 p.m. until 9:00 p.m., with a jam session at 4:15 p.m. until 6:45 p.m. Chairman Price reported that a banner will announce the event and the music styles will be swing, blue grass, folk, country Irish and jazz and he anticipates about 200 people, plus a following of the bands and a sound man will be needed to amplify the music. Chairman Price reported that the cost a maximum of $1,500.00 for the event.

Commissioner Stacey asked about movies in the park and how the money is spent for this event. Chairman Price stated that the contractor charges $500 to show the movie. Commissioner Stacey asked how many attend the movies in the park? Chairman Price stated as few as 100 and as many as 500 people attend. Commissioner Stacey asked if the Town would be liable if a youngster falls in the park as it is usually dark to show a movie. Town Attorney Gougelman commented that the Town could be liable. Chairman Price advised that there is a light on and the park is not pitch black during the movie showings.

Commissioner Guglietta commented that the Parks Board looks at what kind of movie is shown and that he has been at movies in the park and the parents and children are well mannered and the Parks Board


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works hard on these events and he believes the money is well spent.

Chairman Price stated that the fire and police department members are present at every show and that they show a safety film before each movie.

Chairman Price reported that Founders Day plans are in progress and that the band this year will be Dan Wilborn and the Puzzlers at a cost of $750.00 and the rest of the events are being organized and all is on schedule. Chairman Price announced that the street party will be on Ocean Avenue this year and not at the pavilion in Ryckman Park as last year. Chairman Price also reported that Mr. Levine recently sold the donated 1955 Studebaker for $6,000 and the Town should receive the funds improvements to the park.

Mayor Walters asked for public comment regarding the music in the park event. There were no comments from the public.

COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER STACEY THAT THE TOWN COMMISSION APPROVE UP TO $1,500 FOR MUSIC IN THE PARK SCHEDULED FOR MARCH 6, 2004. VOTE: ALL AYES. MOTION CARRIED.

VII. CONSENT AGENDA: A. APPROVAL OF 2003/2004 OCEAN LIFEGUARD SERVICE CONTRACT. B. ACCEPT JOY CAMPBELL’S RESIGNATION FROM THE TOWN’S ENVIRONMENTAL ADVISORY BOARD. C. REAPPOINTMENT OF ROBIN BLANKENSHIP FROM THE ALTERNATE #1 POSITION ON THE ENVIRONMENTAL ADVISORY BOARD TO A REGULAR MEMBER WITH A TERM FEBRUARY 18, 2004 THROUGH FEBRUARY 18, 2006. D. REAPPOINTMENT OF KRISTEN VAN WAGNER FROM THE ALTERNATE #2 POSITION ON THE ENVIRONMENTAL ADVISORY BOARD TO THE ALTERNATE #1 POSITION WITH A TERM FEBRUARY 18, 2004 THROUGH FEBRUARY 18, 2006. Mayor Walters pulled Consent Agenda Item E. as the Town Commission will need to appoint a member to the Committee.

COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO APPROVE CONSENT AGENDA ITEMS A THROUGH D AS PRESENTED. VOTE: ALL AYES. MOTION CARRIED.

E. APPROVAL OF THE 2004 JUNIOR CITIZEN OF THE YEAR COMMITTEE. Mayor Walters announced that the members of the Junior Citizen of the Year Committee are as follows: David Dunn, Guidance Counselor at Gemini Elementary School; Carolyn White, Guidance Counselor at Hoover Junior High School; Rick Bartman, Assistant Principal at Melbourne High School and Pat Haran, Acting Chief of Police and that the Town Commission will need to appoint a representative to serve on the Committee. COMMISSIONER STACEY MOVED, SECOND COMMISSIONER WILSON TO APPROVE THE JUNIOR CITIZEN OF THE YEAR COMMITTEE AND THAT VICE MAYOR GUGLIETTA BE APPOINTED TO SERVE ON THE JUNIOR CITIZEN OF THE YEAR COMMITTEE. VOTE: ALL AYES. MOTION CARRIED.

VIII. PUBLIC HEARING: A. RESOLUTION NO. 730 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO CREATION OF A TOWN HISTORY PRESERVATION AND AWARENESS BOARD; MAKING FINDINGS; CREATING THE BOARD AND PROVIDING PURPOSE AND DUTIES; PROVIDING FOR APPOINTMENT


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AND SPECIFYING TERMS; PROVIDING FOR OFFICERS AND RULES AND PROCEDURES; SPECIFYING DURATION; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT RESOLUTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

Town Attorney Gougelman read Resolution No. 730 by title.

Mayor Walters opened the public hearing for comments from the public regarding Resolution 730.

Frank Thomas, 606 Atlantic Street commented that according to the resolution, the Board will be in existence until 2005 and that it should be a permanent Board. The Town Commission advised that they will watch the Board and the interest and progress of the Board and may switch it to a standing Town Board. Mr. Thomas stated that an historical board is way over due and this is a temporary nature and should be permanent. Vice Mayor Guglietta commented that no one was paying attention to our old buildings in the past and if this Board works, they will let town know what has to be done to the historic buildings; but first we need to find out how much community involvement will be with this board before making it a permanent board.

Mr. Thomas asked why the wordiness in name of Board? Town Attorney Gougelman stated that Mr. Thomas’ comments are certainly appreciated the Town Commission did not agree to shortening the name of the board at the present time.

Mr. Thomas suggested that the board be composed of five (5) members rather than seven (7) members and three (3) members should make a quorum. The Town Commission agreed to this change.

Mr. Thomas suggested in paragraph three (3) change the name of the “Williams Building” to “Old Town Hall” and the spelling of the name “Browne” to “Brown.” The Town Commission agreed to keep the “Williams Building” in the resolution and put “Old Town Hall” in parenthesis after, the “Williams Building.”

Ann Downing, 801 Pine Street, asked if the Walter Brown house should be in the resolution as it is privately owned and the Town Commission agreed to remove this from the resolution.

Eva Swindall, 518 Andrews Drive, commented that the Town previously had an historical board and it was headed up by Mr. Thomas and the Board put the old post office in its present location and Frank Thomas worked on the Ryckman House and he is the historian from Melbourne Beach and is interested in this role and the Town Commission should consider him as head of the Board.

Mr. Thomas stated that he would be happy to serve on the board, but will not chair it.

COMMISSIONER STACEY MOVED, SECOND COMMISSIONER GUGLIETTA THAT RESOLUTION NO. 730 BE ADOPTED AS AMENDED. A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO CREATION OF A TOWN HISTORY PRESERVATION AND AWARENESS BOARD; MAKING FINDINGS; CREATING THE BOARD AND PROVIDING PURPOSE AND DUTIES; PROVIDING FOR APPOINTMENT AND SPECIFYING TERMS; PROVIDING FOR OFFICERS AND RULES AND PROCEDURES; SPECIFYING DURATION; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT RESOLUTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. VOTE: ALL AYES. MOTION CARRIED.

B. RESOLUTION NO. 731 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING MUNICIPAL ISSUES DURING THE 2004 LEGISLATIVE SESSION; AND PROVIDING FOR AN EFFECTIVE DATE.


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Town Attorney Gougelman read Resolution No. 731 by title. Commissioner Price advised that this resolution is coming from the Florida League of Cities of which the Space Coast League is a part and the primary purpose of the league is to support all issues that might affect cities and to promote and protect cities through the legislative process. Commissioner Price stated that the County is coming up with a $200 filing fee for the prosecution of violations of city ordinances and if this were to take place, it would put the cities in a position where they would cease to receive revenues on fines. Commissioner Price stated that the League of Cities would like all of the cities to come out in opposition to this.

Vice Mayor Guglietta commented that the state is giving us another unfunded mandate and telling us that we are going to do this, but are not giving us any more money and they are saying that if someone violates an ordinance, and you have to take them to court, the bill prohibits the Town from contracting with the State Attorney for the prosecution of a municipal ordinance. Vice Mayor Guglietta stated that they will charge us $200 for every time we fine a code violation and it will cost more money for the Town to enforce our ordinances.

COMMISSIONER PRICE MOVED, SECOND VICE MAYOR GUGLIETTA THAT RESOLUTION NO. 731 AS PRESENTED BE APPROVED AND ADOPTED. A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING MUNICIPAL ISSUES DURING THE 2004 LEGISLATIVE SESSION; AND PROVIDING FOR AN EFFECTIVE DATE. VOTE: ALL AYES. MOTION CARRIED.

IX. NEW BUSINESS: A. APPOINTMENT OF A TOWN REPRESENTATIVE TO SERVE ON THE BREVARD WATER SUPPLY BOARD.COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON THAT COMMISSIONER STACEY BE APPOINTED THE TOWN REPRESENTATIVE TO SERVE ON THE BREVARD WATER SUPPLY BOARD. VOTE: ALL AYES. MOTION CARRIED.

B. APPOINTMENT OF A TOWN REPRESENTATIVE TO SERVE ON THE TECHNICAL ADVISORY COMMITTEE OF THE BREVARD METROPOLITAN PLANNING ORGANIZATION. COMMISSIONER STACEY MOVED, SECOND COMMISSIONER PRICE THAT VICE MAYOR GUGLIETTA BE APPOINTED THE TOWN REPRESENTATIVE TO SERVE ON THE TECHNICAL ADVISORY COMMITTEE OF THE BREVARD METROPOLITAN PLANNING ORGANIZATION. VOTE: ALL AYES. MOTION CARRIED.

C. APPOINTMENT OF A TOWN COMMISSIONER TO SERVE ON THE JUNIOR CITIZEN OF THE YEAR COMMITTEE. This agenda item was discussed under the Consent Agenda as item VII. E.

D. DISCUSSION AND POSSIBLE ACTION REGARDING HONORING THE LATE SENATOR HOWARD FUTCH BY RENAMING OCEAN PARK IN HIS HONOR. (COMMISSIONER STACEY) Commissioner Stacey removed this item from the agenda at the beginning of the meeting.

X. REPORTS: A. TOWN ATTORNEY Town Attorney Gougelman reported that there has been an appeal filed by two (2) residents regarding the Hamilton house and the appeal will have to go to the Board of Adjustment. Town Attorney Gougelman reported that Commissioner Wilson feels that so there will be no mistake as to what type of legal advice is given to any Board members outside of the hearing, the Town Attorney memorialize in writing, any advise given to a Board member prior to the meeting. There were no objections by the Town Commission regarding this suggestion. Commissioner Wilson stated that he would also like to know of conversations between the Town Attorney and anybody in the Hamilton group.


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Commissioner Stacey commented that residents should not call the Town Attorney for advice, they should contact the Town Manager first and see if he can resolve the issue because the Town Attorney does not work for individual citizens of the Town, he works for the Commission.

B. TOWN MANAGER Interim Town Manager Taylor stated that he provided a financial status report and advised that the auditors will start work this coming Monday (02/23/04) and all schedules have been put together with the exception of the draft assets schedule. Interim Town Manager Taylor reported that during the first four (4) months of this fiscal year the Town has spent $527,736 of the general fund through the period ending January 2004 and received $956,693 which is primarily due to the property taxes received.

Interim Town Manager Taylor reported that he and Vice Mayor Guglietta attended the County Transportation Impact Fee meeting and believes they were reasonably successful in getting more money put into a reserve account for the pedway project. Interim Town Manager Taylor reported that he has asked that Gail Jones proceed with bids for the project so that the Town is dealing with real numbers rather than engineer estimates.

Interim Town Manager Taylor reported that he looked into the Town pension plan and had a meeting with a representative of the ICMARC Corporation and they will prepare some comparison information and get that to the Town.

Interim Town Manager Taylor stated that he was asked to look into the signalization at the traffic signal regarding if a left turn lane can be added and that he met with Dick Thomas of Brevard County Traffic Engineering and he thought that the Town could probably do this without major curb or drainage work and that he has made contact with the Florida Department of Transportation to discuss this with them.

Interim Town Manager Taylor stated that if the Town wants to proceed with installing the safety ladders at the end of the pier, the cost will be about $350 to buy 2, 7 ½ foot ladders and the Town will install them.

Interim Town Manager Taylor stated that he is continuing to work on background checks of the Town Manager applicants.

Interim Town Manager Taylor stated that the Brevard County School Impact Fee Study has been prepared and the Board of County Commissioners has scheduled a meeting tomorrow morning at 9:00 at Viera if anyone is interested in attending.

Interim Town Manager Taylor stated that he has some preliminary information regarding the condition of the Ryckman House and Old Post Office Building and will have a full report by the next meeting.

C. TOWN COMMISSIONERS Vice Mayor Guglietta thanked the Melbourne Beach Volunteer Fire Department for their quick action regarding a fire on Elm Avenue and commended the Police Department for the excellent job regarding traffic control.

Commissioner Price reported that the Town has approved the resolution supporting the Space Coast League of Cities request regarding House Bill 113A and stated that it is an important organization for the Town to be involved with and the meetings allow the cities to share information and knowledge.

Commissioner Stacey reported that the Commission has been interviewing candidates for the Town Manager position and asked if it is his understanding that the Town Commission picked two (2) candidates from the first group of interviewees and will select two (2) candidates from the second group to interview again.


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Commissioner Wilson reported that he received the hourly traffic reports and noted that the people who are cutting south on Pine Street from Ocean Avenue are doing so between 3:00 p.m. and 6:00 p.m. Commissioner Wilson reported that he talked to Mr. Thompson and he agrees with the Interim Town Manager that the intersection lane at the traffic signal eastbound on Ocean Avenue could help with the Pine Street cut-through problem. Commissioner Wilson discussed that a solution needs to be made regarding the inability of traffic to turn left going eastbound on Ocean Avenue and the inability to turn right without waiting in line, which causes people to cut down Pine Street. Commissioner Wilson commented that he received a new page for the Town directory and asked Town Attorney Gougelman what his relationship is with a Reinman attorney firm as asked if this is his business address? Town Attorney Gougelman reported that this address is a mail drop for him and also a location he uses for compliance with the occupational license regulations and that he used to be a member of that firm.

Mayor Walters asked why the Public Works Department report is based on 3 employees this month and stated that the police activity report is not acceptable as it should contain about a three (3) year trend to give a comparison of problem areas. There were no objections from the Town Commission to go back to the old Police Department report format. Mayor Walters stated that the Town Commission did not receive a monthly Fire Department report.

D. GENERAL COMMISSION DISCUSSION (TIME PERMITTING) There was no general Commission discussion.

XI. ADJOURNMENT

COMMISSIONER WILSON MOVED, SECOND COMMISSIONER PRICE TO ADJOURN. VOTE: ALL AYES. MOTION CARRIED.





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


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otherwise allowed by law.


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Interview Workshop

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TuesdayFEBRUARY 17, 2004

COMMUNITY CENTER

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An interview workshop of the Town Commission of the Town of Melbourne Beach, Florida was called to order by Mayor Walters at 8:10 a.m. on Tuesday, February 17, 2004 in the Community Center. Mayor Walters also led the Pledge of Allegiance.

Present: Mayor Walters ( left 12:50)Vice Mayor GugliettaCommissioner PriceCommissioner Stacey (left 12:50)Commissioner Wilson (left 11:10)

Others Present: Interim Town Manager TaylorTown Clerk Masny

INTERVIEW APPLICANTS FOR THE TOWN MANAGER POSITION:8:00 A.M. - W.D. HIGGINBOTHAM, JR.

The Town Commission and Mr. Higginbotham introduced themselves to each other and Mr. Higginbotham gave a brief presentation regarding his background and experiences as a Town Manager. The Town Commission and Interim Town Manager Taylor interviewed Mr. Higginbotham for the position of Town Manager from 8:13 a.m. until 9:20 a.m.

9:30 A.M. - JAMES COLEMAN

The Town Commission and Mr. Coleman introduced themselves to each other and Mr. Coleman gave a brief presentation regarding his background and experiences as a Town Manager. The Town Commission and Interim Town Manager Taylor interviewed Mr. Coleman for the position of Town Manager from 9:30 a.m. until 10:48 a.m.

11:00 A.M. - JANICE ROBERTSThe Town Commission and Ms. Roberts introduced themselves to each other and Ms. Roberts gave a brief presentation regarding her background and career experiences in municipal government. The Town Commission and Interim Town Manager Taylor interviewed Ms. Roberts for the position of Town Manager


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from 11:00 a.m. until 12:55 p.m.

There being no further business, the workshop adjourned at 12:58 p.m.





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Special Meeting

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FridayFEBRUARY 20, 2004

COMMUNITY CENTER

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An special meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by Mayor Walters at 5:40 p.m. on Friday, February 20, 2004 in the Community Center.

Present:

Absent:

Mayor WaltersVice Mayor GugliettaCommissioner Stacey

Commissioner PriceCommissioner Wilson

Others Present: Interim Town Manager Taylor

I. RANKING OF TOWN MANAGER APPLICANTS INTERVIEWED FEBRUARY17, 2004 AND FEBRUARY 20, 2004.

Commissioner Price and Commissioner Wilson were not present for the interviews on February 20, 2004 and this agenda item was not discussed.

II. APPROVAL OF FURNITURE PRICING FOR MUNICIPAL COMPLEX PER STATE CONTRACT #425-001-01-1.

Interim Town Manager Taylor reviewed furniture needs and pricing received from American Business Interiors and PRIDE of Florida and stated that he feels America Business Interiors has the best rates and is a local business and have been much more responsive to the Town’s needs than PRIDE of Florida. Interim Town Manager Taylor stated that the pricing for the Police Department includes the furniture for the Police Chief’s office, Sergeant’s office, Lieutenant’s office, squad room, and report writing room, all at a cost of $8,571.66 and the Town Hall portion will be new furniture for the Town Manager’s office, the other furniture we currently have will be used in the new facility and the reception area will be a built-in area. Interim Town Manager Taylor stated that the furniture for the lobby and a new table for the conference room is included in this price and that the existing chairs will be used for the new conference table. Interim Town Manager Taylor stated that the price for the Town Hall furniture is $4,942.91 for a total of $13,514.57.

COMMISSIONER STACEY MOVED, SECOND VICE MAYOR GUGLIETTA TO APPROVE THE FURNITURE PRICING THROUGH AMERICAN BUSINESS INTERIORS FOR THE MUNICIPAL COMPLEX IN THE AMOUNT


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OF $13,514.57. VOTE: ALL AYES. MOTION CARRIED.

Interim Town Manager Taylor stated that when the Town received the original telephone bids in November 2002, it was bid in two (2) parts, the first part was for the Police Department and the second part was for the new municipal complex. Interim Town Manager Taylor stated that the bid award was only for the Police Department and the second part was never awarded. The minutes show that the second part of the bid has never been awarded, and, because of the timing, the Town needs to keep this work moving and the amount will be brought back to the Town Commission. Interim Town Manager Taylor stated that it should cost approximately $7,800 to finish up the telephone contract.

III. ADJOURNMENT

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






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Interview Workshop

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FridayFEBRUARY 20, 2004

COMMUNITY CENTER

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An interview workshop of the Town Commission of the Town of Melbourne Beach, Florida was called to order by Mayor Walters at 4:10 p.m. on Friday, February 20, 2004 in the Community Center.

Present:

Absent:

Mayor WaltersVice Mayor GugliettaCommissioner Stacey

Commissioner PriceCommissioner Wilson

Others Present: Interim Town Manager TaylorTown Clerk Masny

INTERVIEW APPLICANTS FOR THE TOWN MANAGER POSITION:4:00 P.M. ROBERT L. NORRISThe Town Commission and Mr. Norris introduced themselves to each other and Mr. Norris gave a brief presentation regarding his background and experience as Town Manager. Mr. Norris interviewed with the Town Commission and Interim Town Manager Taylor for the position of Town Manager from 4:12 p.m. until 5:32 p.m.

5:30 P.M. KENNETH D. KNIGHTMr. Knight accepted a position with another community and did not interview with the Town Commission.

There being no further business, the interview workshop adjourned at 5:34 p.m.



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WEDNESDAYMarch 10, 2004

TOWN HALL

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A special meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by Mayor Walters at 6:00 p.m. on Wednesday, March 10, 2004. Mayor Walters also led the Pledge of Allegiance


Others Present: Interim Town Manager Taylorone (1) member of the publicTown Clerk Masny

I. SECOND INTERVIEW FOR TOWN MANAGER POSITION

6:00 P.M. DOUGLAS LEWIS

The Town Commission held a second interview with Mr. Douglas Lewis from 6:00 p.m. until 7:15 p.m.

7:00 P.M. W.D. HIGGINBOTHAM

The Town Commission held a second interview with W.D. Higginbotham from 7:20 p.m. until 8:28 p.m.

II. DISCUSSION AND POSSIBLE ACTION REGARDING TOWN MANAGERSELECTION PROCESS.

The Town Commission and Interim Town Manager Taylor discussed the applicants Douglas Lewis and W.D. Higginbotham as a candidate for the Town Manager position. Interim Town Manager Taylor reported that he contacted references and performed financial background checks on both Mr. Lewis and Mr. Higginbotham. The Town Commission reviewed the advertisement regarding the Town Manager position. Interim Town Manager Taylor agreed to negotiate a contract with the applicant selected for the Town Manager position.

VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER PRICE THAT THE TOWN COMMISSION


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TENDER AN OFFER TO W.D. HIGGINBOTHAM, JR. TO BE THE MELBOURNE BEACH TOWN MANAGER, SUBJECT TO A THOROUGH BACKGROUND CHECK. VOTE: ALL AYES. MOTION CARRIED.

III. ADJOURNMENT

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







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MINUTESTOWN COMMISSION - REGULAR MEETING

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WEDNESDAYMarch 17, 2004

COMMUNITY CENTER

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A special meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by Mayor Walters at 7:00 p.m. on Wednesday, March 17, 2004 in the Community Center. Mayor Walters also led the Pledge of Allegiance


Others Present: Town Attorney GougelmanInterim Town Manager Taylor25 members of the publicTown Clerk Masny

I. CHANGES TO THE AGENDA There were no changes to the agenda.

II. PRESENTATION BY SPECIAL GUESTS: GAIL JONES, OUTLAW & JONES -STATUS REPORT PEDWAY PROJECT, STORMWATER MASTER PLAN, ETC.

Gail Jones of Outlaw & Jones came forward and stated that the bid advertisement for the pedway project will be in the newspaper and the closing date to receive bids will be April 15, 2004 at 3:00 p.m., also, a prebid conference is scheduled for April 8, 2004. Mr. Jones reported that the bid is in three (3) separate phases: Phase I will begin at Ocean Avenue and proceed south to the north side of Flutie Park; Phase II. will begin at the south side of Flutie Park and proceed south along Oak Street until it intersects the existing pedway on A1A; and Phase III. will be the drainage improvements that are proposed from First Avenue to Orange Street in the 50-foot right-of-way area of Oak Street. Mr. Jones reported that there will be approximately $290,000 for the pedway portion of the project. There is grand money available through the St. Johns River Water Management District to help cover costs of drainage Improvements and this grant application will come before the Town Commission for approval in the near future. Mr. Jones stated that he has estimated that Phase I will cost $201,000; Phase II $95,000; and Phase III $60,000 for a total project cost of an estimated $356,000.

Vice Mayor Guglietta stated that the Metropolitan Planning Organization hopefully will set aside $30,000 to help with the pedway project. Vice Mayor Guglietta asked if all the people on Oak Street


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have had a chance to look at the plans and if their questions and concerns been addressed?

Mr. Jones responded that at the last meeting an adjustment of the pedway was made and it was brought toward the street on Fourth Avenue and the plans have been modified as requested by the residents along the corridor to accommodate them the best we could. Vice Mayor Guglietta asked if a set of plans were sent to Harriet Raymond at the County Parks Department? Mr. Jones responded that he mailed them to her this week and will make a point to contact her to discuss the plans.

Commissioner Price stated that Phase III of the project is the drainage improvements on Oak Street as there are drainage problems and asked Mr. Jones to what extent will we be doing these improvements? Mr. Jones stated that beginning at First Avenue south through Orange Street, on each side of the intersection, north and south only on the east side of Oak Street, a drainage inlet with two sticks of perforated pipe to trap that water and drop it into the inlet and exfiltrate or infiltrate it into the soil. As part of that process we are going to be getting the sod that is currently higher than the edge of the pavement removed and create a slight swale to help pull that water off the road on the east side only. Down the road somewhere, we will need to repeat this process on the west side of Oak Street. Mr. Jones reported that on Sixth Avenue there will be some replacement of pipes. Mr. Jones reported that this will not solve all of the drainage problems on Oak Street.

Commissioner Wilson asked what the time line is for the project? Mr. Jones responded that we are looking at bidding on April 15, 2004 and anticipates a contract award late May or early June. The contractor has been given 120 days to finish the project and anticipates the project to be completed in October.

Vice Mayor Guglietta asked if the Town should hold off on Phase II until the improvements to Flutie Field are finished? Mr. Jones stated that this is a viable option, but would like to wait until the bids come in for the overall project as Phase II is the part of the project that can be done at a later date.

Mayor Walters opened the meeting for public comment regarding the pedway project. There were no public comments.

Gail Jones reported that the Stormwater Master Plan recommendation was to begin improvements at Basin 9, which starts at Second Avenue and runs south of Surf Road from A1A west to the Indian River Lagoon. Mr. Jones reported that there were planned improvements to adding more exfiltration systems at the intersections on Orange Street and also on Pine Street, if the water table permits. Also there were planned pipe improvements to this corridor, especially on Sixth Avenue and north and south on Oak Street. The other major improvement in this basin was to install a baffle box or sediment trap device on the outfall at the west end of Sixth Avenue. Mr. Jones reported that the focus and intent of the Master Plan is to do everything possible to reduce the amount of transported sediment into the Indian River Lagoon. Mr. Jones stated that the original estimate for the water quality portion of this, which includes exfiltration, baffle boxes, and upgrades to pipes was estimated to be $500,000 to $550,000 back in 2002 and he will be back at a later date with some 319 grants through the Florida Department of Environmental Protection to help with these improvements and the Town will need to allow funding toward the projects in the next fiscal year.

Amy Adams, Cape Canaveral Scientific reported that she met with the Interim Town Manager and Gail Jones regarding the pedway and stormwater projects and stated that Federal grant money won’t be available to spend for one year after it is awarded, but the Town can spend the match money. Ms. Adams stated that some of the projects can be for additional funds for stormwater improvements for the pedway, this would be through St. Johns River Water Management District which has a grant deadline in June with a contract awarded in August. Ms. Adams stated the Phase I, Basin 9 stormwater improvements, is about a $600,000 project and the Town’s stormwater utility generates approximately $50,000 per year which can be a portion of the matching funds. Ms. Adams stated that the Town could try to phase the project by going after Phase I of the Basin 9 and go after a $200,000 request from a 319 grant and


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bundle that by matching it against a St. Johns grant for $100,000 and that way the Town won’t have to do anything except pay for bid work.

Ms. Adams stated that the Loggerhead Park Preserve north site, which is a 3/4 acre site and is on the market for $520,000. Ms. Adams stated that the Environmental Advisory Board has requested that the Town try to purchase this site again and that the State has advised that the Town would resubmit the previous grant application. Ms. Adams advised that the deadline is May 5, 2004.

Mayor Walters opened the meeting for pubic comment regarding this agenda item. There were no comments.

III. CONSIDERATION OF APPOINTMENT OF JAMES L. ZAMBO TO THE PARKS BOARD IN THE ALTERNATE #2 POSITION WITH A TERM MARCH 17, 2004 THROUGH MARCH 17, 2006.

Mr. Zambo came forward and introduced himself to the Town Commission and stated that he is retired from the Pennsylvania State Park system and has a good feel for recreational services. Mr. Zambo stated that he has a degree in forestry and may be interested in the Environmental Advisory Board.

COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO APPOINT JAMES L. ZAMBO TO THE PARKS BOARD IN THE ALTERNATE #2 POSITION WITH A TERM MARCH 17, 2004 THROUGH MARCH 17, 2006. VOTE: ALL AYES. MOTION CARRIED.

IV. NON-SCHEDULED CITIZEN COMMENTS

Alice Graham, 305 Fifth Avenue commented that she believes Commissioner Wilson is being unduly harassed by an individual who has used threats and intimidation against this Town government. Because Commission Wilson has been gutsy enough to stand up to him, he has been singled out for more harassment. Ms. Graham commented that Commissioner Wilson is doing his job trying to see that our codes are enforced and the Town retains its integrity and the rest of the Commissioners should do no less. Ms. Graham commented that she would like to see this Town Commission present a united front against the erosion of our Town codes.

Bill Hoskovec, 526 Avenue B commented that it came to his attention that the Town Commission has approved putting ladders at the end of the pier. Mr. Hoskovec commented that last July, the Risk Manager came out and recommended that this not be done. Mr. Hoskovec commented that the Town Commission may have put the Town at risk by having our liability insurance violated if we have an incident and recommended that this be checked out. Mayor Walters stated that Interim Town Manager Taylor contacted our Risk Manager and brought this up and he had no problem with the ladders and feels comfortable with this decision. George Jones, 317 Ocean Avenue commented that he puts on the surf movies in Ryckman Park and that the Parks Board has advised him that his “no coolers allowed in the park” clause is illegal. Mr. Jones stated that he is trying to prohibit the intrusion of alcoholic beverages in the park. Mr. Jones asked for guidelines to meet the Town’s standards as his goal is to stop the intrusion of alcoholic beverages at his functions. Mr. Jones was asked to meet with the Interim Town Manager regarding the situation.

Gail Gowdy, 215 Ash Avenue reported that Saturday the Beach Gardeners completed Phase I of the Keep Brevard Beautiful grant at Bicentennial Park, which was planting the plants. Ms. Gowdy reported that they will be at the park again on March 27, 2004 with the mulching crew and invited residents to join in to fulfill in-kind hours of the grant.

V. APPROVAL OF MINUTES: JANUARY 21, 2004 REGULAR MEETING,


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JANUARY 23, 2004 SPECIAL MEETING, FEBRUARY 7, 2004 INTERVIEW WORKSHOP, FEBRUARY 7, 2004 SPECIAL MEETING, FEBRUARY 11, 2004 SPECIAL MEETING, FEBRUARY 17, 2004 INTERVIEW WORKSHOP, FEBRUARY 18, 2004 REGULAR MEETING, FEBRUARY 20, 2004 INTERVIEW WORKSHOP AND FEBRUARY 20, 2004 SPECIAL MEETING.

Commissioner Price requested that the Town Clerk review the tape of the January 21, 2004 regular meeting as the last paragraph on Page 25 is confusing. COMMISSIONER STACEY MOVED, SECOND COMMISSIONER PRICE TO APPROVE THE MINUTES OF JANUARY 23, 2004 SPECIAL MEETING, FEBRUARY 7, 2004 INTERVIEW WORKSHOP, FEBRUARY 7, 2004 SPECIAL MEETING, FEBRUARY 11, 2004 SPECIAL MEETING, FEBRUARY 17, 2004 INTERVIEW WORKSHOP, FEBRUARY 18, 2004 REGULAR MEETING, FEBRUARY 20, 2004 INTERVIEW WORKSHOP AND FEBRUARY 20, 2004 SPECIAL MEETING AND THE MINUTES OF JANUARY 21, 2004 AS AMENDED. VOTE: ALL AYES. MOTION CARRIED. VI. REPORTS BY ANY TOWN BOARD OR COMMITTEE SUBMITTING AREPORT.

There were no Town Board reports.

VII. NEW BUSINESS. A. DISCUSSION AND POSSIBLE ACTION REGARDING CONSIDERATION OF AUTHORIZING THE MELBOURNE BEACH VOLUNTEER FIRE DEPARTMENT TO PREPARE AND SUBMIT A GRANT APPLICATION FOR THE 2004 DEPARTMENT OF HOMELAND SECURITY FEMA FIRE ACT GRANT.

Susie Stark and Seth Stark of the Melbourne Beach Volunteer Fire Department addressed the Town Commission requesting approval to move forward to apply for another Firefighters Grant through FEMA and would like permission to proceed with a grant to replace radios in the trucks, pac sets, microphones, batteries, etc. this year, with matching funds not to exceed $15,000. Mayor Walters asked how much the grant is going to be for and Mr. Stark responded between $100,000 and $150,000. Ms. Stark stated that the grant guidelines came out March 1, 2004 and the application is due the first week in April and is in the preliminary phase of putting the grant together and all we are looking for right now is authorization to proceed with the grant and the Town will subsequently prepare a resolution authorizing the application and the 10% non-federal match not to exceed $15,000. Mayor Walters commented that he is in favor of the grant, but the Town has not budgeted the match money. Ms. Stark advised that the match will not be required until the next budget year.

Mayor Walters suggested that the Fire Department focus on items other than radios because the Town has a large sum of money for radios from the $12 surcharge per citation. Ms. Stark stated that the category the department will be applying for is fire operations and fire fighter safety, which includes bunker gear and SCBA and that communications also fits in this area.

Commissioner Price commented that the Fire Department is looking for approval now to apply for the grant which as a deadline of April 1, 2004, but the funding would not come until the next fiscal year and you is looking at applying for up to a $150,000 grant with a 10% match, which will be up to a $15,000 match. Ms. Stark stated that this grant is not through the Federal Emergency Management Agency, it is through the Office of Domestic Preparedness in the Department of Homeland Security.


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COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO APPROVE THE MELBOURNE BEACH VOLUNTEER FIRE DEPARTMENT TO PREPARE AND SUBMIT A GRANT APPLICATION FOR THE 2004 DEPARTMENT OF HOMELAND SECURITY, DOMESTIC PREPAREDNESS DEPARTMENT GRANT, NOT TO EXCEED A MATCH OF 10% OR $15,000 FROM THE TOWN OF MELBOURNE BEACH. VOTE: ALL AYES. MOTION CARRIED.

B. DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF CHANGE ORDER NUMBER 20, NOT TO EXCEED $16,922.87 REGARDING THE MUNICIPAL COMPLEX PROJECT.

Interim Town Manager Taylor stated that the Town received a change order to remove the asphalt in front of the Community Center, remove the car stops, which create a tripping hazard, cut the sidewalk back a little and install the posts as are currently in the parking area in front of Ryckman Park, and lower the asphalt that joins the street.

COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO APPROVE CHANGE ORDER NUMBER 20, NOT TO EXCEED $16,922.87 REGARDING THE MUNICIPAL COMPLEX PROJECT. VOTE: ALL AYES. MOTION CARRIED.

C. APPOINTMENT OF THE ANNUAL “CITIZEN OF THE YEAR” COMMITTEE. MAYOR WALTERS’ APPOINTMENT: JEAN MARSHALL; VICE MAYOR GUGLIETTA’S APPOINTMENT: MIKE KING; COMMISSIONER PRICE’S APPOINTMENT: GARY LANE; COMMISSIONER WILSON’S APPOINTMENT: JIM SIMMONS; AND COMMISSIONER STACEY’S APPOINTMENT: DORA DOBRIN.

VIII. REPORTS: A. TOWN ATTORNEY

Town Attorney Gougelman reported that Mr. Hamilton and his Attorney David Dyer has advised him that a number of lawsuits have been filed against individuals regarding the situation with the construction of his home. These lawsuits have been filed against Mr. West and Mr. Abraham who have both filed an appeal of the decision of the Building Official and the appeal is to be heard by the Board of Adjustment on March 25, 2004. Town Attorney Gougelman stated that he does not know what is in the lawsuits except for some sort of claim of harassment as he has not seen the lawsuits and they would not be subject to any coverage by the Town. Town Attorney Gougelman reported that there are two (2) other lawsuits, both addressed to Commissioner Wilson, one has been sent to the Florida League of Cities and they have responded by a reservation of rights. A Reservation of Rights letter tells you, we will go ahead and defend you; however, we are reserving our rights at a later time not to cover this claim if we determine it is not within the four-corners of the terms of your insurance policy. Attorney Gougelman stated that he was originally told the complaint was going to be against Commissioner Wilson in his personal capacity and not against the Town. If it is against Commissioner Wilson in his official capacity, it is the same as a lawsuit against the Town. The case has been assigned to Circuit Judge Maxwell and he will decide if there is a conflict and he may cite a conflict as he knows Mr. Hamilton. Town Attorney Gougelman stated that Mr. Hamilton has charged Commissioner Wilson with abuse of governmental authority, conspiracy to commit illegal acts, violating his civil rights and has made an allegation of a Sunshine Law violation.

Town Attorney Gougelman reported that he has been told by Mr. Dyer that there is another lawsuit out there, which is more of a private type of case to be assigned to Judge Mitch Barlow, who is a resident of Melbourne Beach and he may step aside on this case and it deals with civil trespass, defamation, and slander of title and demands $1 million in damages. Town Attorney Gougelman answered questions from the Town Commission regarding his report.

B. TOWN MANAGER


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Interim Town Manager stated that the Town Clerk has received prices for file cabinets for new Town Hall, Finance Department, Building Department and Police Department and a portion of the quotes are under State contract and others are not, but are discounted and the total price is $8,068.

COMMISSIONER STACEY MOVED, SECOND COMMISSIONER STACEY TO APPROVE THE PURCHASE OF FILING CABINETS AND VARIOUS FURNITURE FOR THE NEW MUNICIPAL COMPLEX AS PRESENTED. VOTE: ALL AYES. MOTION CARRIED.

Interim Town Manager Taylor reported that the Town received a letter from the Williams Building Committee requesting the handicapped ramp in front of the temporary Town Hall building trailer and someone indicated that the hand rails may be on opposite side of ramp as will be required for the Williams Building. Interim Town Manager Taylor reported that when the ramp was originally built, the wood was cut so that it could be used on the beach crossovers when the Town no longer needed it for the temporary housing.

Mayor Walters stated that he has no objection to this request and asked if the Town can legally give Town property to this committee? Interim Town Manager Taylor responded that he thinks we can because it meets a public purpose in that the structure is a part of the Town and the committee is charged with the rehabilitation project.

Mayor Walters asked for public comment regarding this agenda item. There were no comments from the public.

COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY THAT THE TOWN DONATE THE RAMP TO THE WILLIAMS BUILDING COMMITTEE FOR USE ON THE WILLIAMS BUILDING, AS REQUESTED. VOTE: ALL AYES. MOTION CARRIED.

Interim Town Manager Taylor reported on contract negotiations between the Town and W.D. Higginbotham, Jr. and reviewed the terms of the contract to include the first year salary at $60,000, a 10% contribution of the annual salary into a 401k-type retirement account; 15 days’ annual vacation leave; a severance clause of 3 months, unless terminated for cause; reimbursement for reasonable relocation expenses for furniture and personal affects from his residence in New Berry, Florida to Melbourne Beach; health and life insurance coverage at the same amount and conditions as other employees; reasonable travel and professional dues to be provided in the budget annually; and all other benefits as provided to other employees of Melbourne Beach as provided in the Policies and Administrative Procedures Manual. Interim Town Manager Taylor stated that as requested, he has provided a letter as to what his present compensation is as well as his wishes and he is of the opinion that these are fair and reasonable conditions and the contract is consistent with what was offered to previous managers. Interim Town Manager Taylor reported that Mr. Higginbotham is agreeable to the contract and the Town Attorney will proceed with the contract and Mr. Higginbotham will begin employment on April 26, 2004.

Mayor asked for public comment. There were no comments from the public.

Commissioner Price stated that in negotiating a contract he recalled a discussion among the Commission what reasonable is and suggested that regarding the professional travel and dues in the annual budget the Town Commission should put a cap on this amount. Interim Town Manager Taylor stated that he put this amount tied to the budget and the Town Commission will be approving the budgeted amount.

Mayor Walters stated that he asked what reasonable moving expenses would be and asked for a more definitive request. Interim Town Manager Taylor stated that he will get three quotes or something similar.


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Commissioner Guglietta asked how the three (3) months’ severance pay will work. Interim Town Manager Taylor stated this will not include benefits or any escalator over time, just three (3) months of salary compensation.

VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER STACEY TO ACCEPT THE TERMS AND CONDITIONS AS DISCUSSED AND THAT MR HIGGINBOTHAM PROVIDE A REASONABLE REIMBURSEMENT FOR RELOCATION EXPENSES TO THE TOWN. VOTE: ALL AYES. MOTION CARRIED.

Interim Town Manager Taylor reported that the auditors are working and books and the CPA is working with them and he plans to meet with them the first of next week to hopefully get a date that the audit report will be presented. Interim Town Manager Taylor noted that the budget report included in the packet for the period October 1, 2003 through February 29, 2004 has an error on the General Fund amount of $1,750,000 collected and it should be $1,760,000 of revenue year-to-date against expenses of $624,855. Interim Town Manager Taylor reported that the Town is currently carrying a cash forward of balance of $451,000.

Interim Town Manager Taylor reported that the Parks Board is planning for a May 1, 2004 dedication of the Municipal Complex during the Founders Day program.

Interim Town Manager Taylor reported that on the traffic signal, the field engineer with FDOT indicated that there should be no problem adding an additional turn lane on the Ocean Avenue east approach.

Interim Town Manager Taylor stated that the Board of Adjustment does not have appeals filed very often and the Hamilton house is a unique situation. The Town Attorney is the advisor to the Board of Adjustment and everybody is represented by an attorney with the exception the Building Official. Interim Town Manager Taylor commented that the Town may need to hire outside counsel to represent the Town’s interest and Building Official’s interest to ensure a fair hearing.

Commissioner Price commented that he is hearing that the Town will not have representation at the appeal hearing other than the Building Official and Interim Town Manager Taylor is suggesting we hire an attorney to represent the Town and work with our Building Official. Interim Town Manager Taylor responded that he has received two (2) names of attorneys to contact for representation from Town Attorney Gougelman.

COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY THAT THE TOWN OF MELBOURNE BEACH HAVE THE TOWN MANAGER APPROACH THE ATTORNEYS RECOMMENDED TO GET ONE TO REPRESENT THE TOWN AT THE BOARD OF ADJUSTMENT MEETING NEXT WEEK ON MARCH 25, 2004. VOTE: AFTER DISCUSSION ALL AYES. MOTION CARRIED.

Frank Thomas, 606 Atlantic Street commented that the Town is spending too much money and has too many attorneys involved in this appeal.

Alice Graham, 305 First Avenue asked if this is the same thing Commissioner Wilson recommended at the last meeting as he asked that the Town hire someone knowledgeable in real estate law for the Town. Ms. Graham commented that this is sad because people are going to be afraid to comment on issues and we will lose quality of people on our Town Board for fear of lawsuits.

Mike King, 1401 Oak Street commented how does the Town expect an attorney to prepare for the Board of Adjustment hearing that is less than one week away.

Gail Gowdy, 215 Ash Avenue asked if this attorney will be defending the Building Official? Ms. Gowdy


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was advised that the attorney will be representing the Building Official and the Town.


Vice Mayor Guglietta reported that he received calls from people on First Avenue regarding complaints of a skate board ramp and the complaint is that they are using it all hours of the night and he advised them that he will forward this to the Town Manager for action.

Vice Mayor Guglietta reported that the Interim Town Manager gave a recommendation regarding Floor Area Ratio and asked the Town Attorney to look into implementing this into the Land Development Code. Town Attorney Gougelman suggested that the Town Manager and Town Planner look into this to get a proposal together for review.

Vice Mayor Guglietta reported that he noticed that the gazebo was stained by Mickey Collins and thanked the Parks Board for this.

Vice Mayor Guglietta asked if there will be a dedication plaque put up on new Town Hall? Interim Town Manager Taylor advised that the Town will look into this idea as one was not included in the original specifications of the complex.

Commissioner Stacey commented that there should be a plaque for those who sat at the meeting at Gemini Elementary School when the municipal complex was discussed. Mayor Walters commented that the complex should be dedicated to the people of the Town of Melbourne Beach and the old plaques should be placed somewhere on the new building.

Commissioner Price reported that he would like to commend all citizens who took part in putting on the historic tour and the “picking in the park” as both were a great success. Commissioner Price reported that he attended a League of Cities meeting and they took all of the letters submitted that commended our Town Attorney recommending him for the “Attorney of the Year” award.

Mayor Walters commented that he was looking for the quarterly financial report from the Fire Department as the Town Commission has not received one in several months. Mayor Walters commented that he was asked about rental of the community room and kitchen facilities in the new complex and requested that the Town Clerk and Town Manager put together a policy for use, and rental of the community room, who can use it, etc. Mayor Walters commented that the Town had seven (7) computers that were to be given to Gemini Elementary School and asked Interim Town Manager the status of this. Interim Town Manager Taylor responded that the Town has seven and one is to be used in the new building for the security system, the hard drives were cleaned yesterday and he will have the serial numbers listed and then they will be given to the elementary school. Mayor Walters stated that Officer Sangeleer, a seven-year veteran is leaving to go to the Sheriff Department for a $10,000 pay cut and this is sad as eight (8) officers have left in 2 ½ years. Mayor Walters commented that he has heard that another officer leaving and he would like to find out who the other officer is who is leaving as a grant was received to pay for a position. Mayor Walters reported that the Friends of the Library had a luncheon for all its volunteers to thank them and reported that this is one of the best libraries in the county. Mayor Walters stated that last year, there were some Founders Day observations and recommendations and asked that the Town Manager review this list created by the Parks Board for this year. Mayor Walters commented that he was taken to task by a couple of residents regarding an individual at the last meeting who was stomping his feet, yelling and disrupting others and stated that he will try in the future to ask that person not to do this.

D. GENERAL COMMISSION DISCUSSION (TIME PERMITTING)


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The Town Commissioners discussed the new municipal complex and how they believe it is a beautiful building to represent the Town. Vice Mayor Guglietta discussed signage he has seen that has been knocked at different areas of Town and that he was disappointed that the Police Department did not notice the sign was down and let the Public Works Department know to fix them.

IX. 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 9:26 p.m..






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MINUTESTOWN COMMISSION - REGULAR MEETING

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WednesdayApril 21, 2004

COMMUNITY CENTER

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A regular meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by Mayor Walters at 6:00 p.m. on Wednesday, April 21, 2004 in the Community Center. Mayor Walters also led the Pledge of Allegiance


Others Present: Town Attorney Gougelman (left at 7:15 p.m.)Interim Town Manager TaylorFuture Town Manager HigginbothamTwenty five members of the publicTown Clerk Masny

I. CHANGES TO THE AGENDA Mayor Walters reported that the Town Attorney will need to leave by 7:15 p.m. and recommended that agenda items VIII. B. and E. be moved forward and that the Board of Adjustment and Planning and Zoning Board appointments be pulled from the Consent Agenda and that agenda item II. be moved to the end of the meeting. There were no objections to the changes.

VIII. PUBLIC HEARING: RESOLUTION NO. 733 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA FORMALLY SUPPORTING CONTINUED OPERATION OF PATRICK AIR FORCE BASE AND CAPE CANAVERAL AIR FORCE STATION; MAKING FINDINGS; PROVIDING FOR DISTRIBUTION OF COPIES OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Town Attorney Gougelman read Resolution No. 733 by title. Mayor Walters stated that this resolution will show support for the continued operation of Patrick Air Force Base and Cape Canaveral Air Force Station.

COMMISSIONER STACEY MOVED, SECOND VICE MAYOR GUGLIETTA TO ADOPT RESOLUTION NO. 733. A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA FORMALLY SUPPORTING CONTINUED OPERATION OF PATRICK AIR FORCE BASE AND CAPE CANAVERAL AIR FORCE STATION; MAKING FINDINGS; PROVIDING FOR DISTRIBUTION OF COPIES OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.


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VOTE: ALL AYES. MOTION CARRIED.

B. DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF TOWN MANAGER’S EMPLOYMENT AGREEMENT. Mayor Walters stated that he contacted the Town Manager regarding the $2,500 in moving expenses and that he believes this expense to be reasonable. Mayor Walters requested that on Page 8. of the agreement, the Town Commission remove the following section, “The goals, performance responsibilities and standards shall be jointly prepared by the Town Commission and the Town Manager. Said goals, performance responsibilities and standards shall be prioritized, reduced to writing, and attainable within the time limitations specified and within the constrains of the annual operating and capital appropriations budget provided.” As the Town Commission has not done this in the past and the Town Commissioner’s evaluations will show if the Manager has met their goals.

After discussion, Mayor Walters withdrew his request to delete this section from the agreement.

Mayor Walters asked for clarification to section e. on Page 9. regarding health insurance coverage. Interim Town Manager Taylor stated that he took this section from a previous agreement and the Town currently has 80-20 type coverage for employees, this is just saying that the Town pays the entire insurance premium. Town Attorney Gougelman commented that the Town may in the future change carriers of the health insurance and the parameters may call that the Town does not pay 100% of the insurance premium.

Mayor Walters requested that on Page 11. under section h. that the following verbiage be deleted, “However, the Town Manager shall receive a travel allowance in the amount of $150 per month for travel within Brevard County. The $150 per month amount shall be prorated for partial months of service at a rate of $5.00 per day ($150 divided by 30 days). Mayor Walters stated that the Town Manager has use of a vehicle for business purposes. Mayor Walters asked for any additional changes from the Town Commission. There were none. Mayor Walters opened the meeting for public comment regarding this agenda item. There were no public comments.

COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO ACCEPT THE TOWN MANAGER’S EMPLOYMENT AGREEMENT AS AMENDED. VOTE: ALL AYES. MOTION CARRIED.

E. DISCUSSION AND POSSIBLE ACTION REGARDING ORDINANCE 2001-02. (COMMISSIONER WILSON) Commissioner Wilson asked Interim Town Manager Taylor to give a brief history regarding this agenda item. Interim Town Manager Taylor stated that the Town received two lawsuits regarding the Hamilton house, one names Commissioner Wilson in his capacity as a Town Commissioner, which is the same as against the Town and coverage is offered for this lawsuit. The second is a lawsuit against Commissioner Wilson in his personal capacity, and a question came up as to if coverage should be extended or offered to him. Interim Town Manager Taylor stated that the Town ordinance regarding insurance coverage mirrors Florida statutes. Interim Town Manager Taylor stated that he submitted a memo discussing the process that needs to be reviewed if this were to come to the Town Commission for consideration such as Commissioner Wilson would need to submit a request to the Town Commission requesting coverage and the Town did receive a letter from Attorney Doug Noah making this request and it is up the Town Commission if they wish to cover Commissioner Wilson in that capacity. Interim Town Manager Taylor stated that it is obvious that both cases are intertwined because they deal with the same subject matter and if the Town Commission decides to extend coverage and it is determined Commissioner Wilson acted in his individual capacity and the Town expended funds, there should be a reimbursement to the Town. Interim Town Manager Taylor stated that this is a decision to be left up to the Town Commission.


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Mayor Walters opened the meeting for pubic comment.

Bill Hoskovec, 526 Avenue B commented that on Page 5 on line 1 of Ordinance 2001-02, the third word should be changed from “may” to “shall.”

Gail Gowdy, 215 Elm Avenue commented that the Town should stand behind Commissioner Wilson as he has always acted on the Town’s behalf.

Alice Graham, 305 First Avenue agreed with Ms. Gowdy to support Commissioner Wilson as he has been harassed and the Town Commission should support him.

Mike West, 406 Atlantic commented that the charges in both lawsuits are similar and both should be put together and the Town should stand behind Commissioner Wilson.

Susie Stark, 307 Fifth Avenue commented that she sat through several meeting where the Town Commission voted not to proceed any further with actions regarding the height of the Hamilton house and that she is concerned that the Town Commission is opening a can of worms here.

Mike King, 1402 Oak Street, commented that he disagrees with Susie Stark and what Commissioner Wilson did was over and beyond what a Commissioner normally does, as he looks at matters and examines them. Mr. King pointed out that Mr. Hamilton loves to litigate and he is very good at it and that he will not relax until we counter sue because of harassment from him.

Town Attorney Gougelman commented that the Town needs to consider that if it is not willing to support its Town Officials, Board members, Town Manager and Town Attorney, will the quality of people it is going to attract be what the community wants?

Mayor Walters stated that the Town should put the insurance company on notice for not defending Commissioner Wilson because he never took any action to prevent Mr. Hamilton from doing anything as he is building his house exactly as he submitted it. Mayor Walters commented that the lawsuits were done to intimidate the Town Commission and the Town board members and agrees that the Town should defend Commissioner Wilson and Commissioner Wilson should countersue for attorney’s fees and the Town’s insurance company should be put on notice.

Commissioner Price commented that we have an ordinance on the books that states we must offer a defense for elected officials, board members and officers of the Town; however we also have an insurance policy, which is a contract and they are to defend us in these type instances and as long as they offer a defense, they can settle a case and there is nothing we can do about it. Commissioner Price agreed that the Town should put the insurance company on notice and hold them accountable and must make every effort to defend Commissioner Wilson, even though there is a possibility for disaster for Commissioner Wilson.

Commissioner Stacey commented that the Florida League of Cities denied coverage for the personal lawsuit so we cannot ask them to lump both of the lawsuits together. Commissioner Stacey commented that he approached Mr. Hamilton and his attorney and asked that they drop all charges and Attorney Hamilton made an offer to Commissioner Wilson, but he did not accept the offer.

Vice Mayor Guglietta commented that he read the Town Manager’s memo and concurs with the stipulation that a demand should be made to the Florida Municipal Trust and they have erred and should provide coverage for the personal lawsuit and if they refuse, the Town will do so and subsequently look to the Trust for reimbursement. Vice Mayor Guglietta commented that this ordinance was passed two years’ ago and this is the first time it has come into play, it is up to this Commission whether we want to cover Commissioner


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Wilson. Vice Mayor Guglietta commented that he does not believe that Commissioner Wilson did anything out of the scope of his job as a Commissioner and the Town should back Commissioner Wilson 100 percent.

Commissioner Wilson thanked all for speaking and advised that he did not know this individual, Mr. Hamilton prior to his receiving telephone calls regarding the house at 501 Atlantic Street and he had never spoken to him except for two times on the phone when Mr. Hamilton called him, during Town meetings or on when Mr. Hamilton addressed him on the beach. Commissioner Wilson stated that he hopes he has raised the consciousness as to what was going on and he did his best to bring the situations up at Town Commission meetings each time he found something out. Commissioner Wilson commented that if the Town does not defend its board members or Commissioners, this will happen again and again. Commissioner Wilson stated that he will abstain from voting on this issue.

Town Attorney Gougelman suggested that the Town needs to write a letter to the Chairman and all members of the trustee’s committee to point out the situation.

MAYOR WALTERS MOVED, SECOND COMMISSIONER STACEY, THAT THE TOWN OF MELBOURNE BEACH PUT ITS INSURANCE CARRIER AND ALL TRUSTEES ON NOTICE THAT THEY WERE IN ERROR IN THEIR DECISION NOT TO DEFEND COMMISSIONER WILSON IN THE LAWSUIT FILED AGAINST HIM PERSONALLY BY MR. HAMILTON. IN THE MEANTIME, THE TOWN PROVIDE REASONABLE ATTORNEY FEES AND COUNCIL TO DEFEND COMMISSIONER WILSON IN THE ACTION THAT WAS FILED AGAINST HIM PERSONALLY BY MR. HAMILTON UNDER THE PROVISIONS OF ORDINANCE NUMBER 2001-02. VOTE: COMMISSIONER STACEY, AYE. COMMISSIONER PRICE, AYE. VICE MAYOR GUGLIETTA, AYE. MAYOR WALTERS, AYE. COMMISSIONER WILSON ABSTAINED. MOTION CARRIED.

IX. NEW BUSINESS: A. CONSIDERATION OF AWARD OF BID FOR OAK STREET PEDWAY IMPROVEMENTS. Interim Town Manager Taylor stated that the bid is not ready to be awarded as our Town Engineers, Outlaw and Jones were not familiar with the apparent low bidder and are in the process of reviewing references and other bids and asked that the agenda item be tabled.

VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER STACEY TO TABLE AGENDA ITEM CONSIDERATION OF AWARD OF BID FOR OAK STREET PEDWAY IMPROVEMENTS UNTIL THE NEXT REGULAR MEETING. VOTE: ALL AYES. MOTION CARRIED.

VII. CONSENT AGENDA: A. TOWN BOARD REAPPOINTMENTS: BOARD OF ADJUSTMENT: CONSIDERATION OF REAPPOINTMENT OF MIKE ROWE AND JULIE KINZER TO THE BOARD OF ADJUSTMENT WITH TERMS APRIL 21, 2004 THROUGH APRIL 21, 2007. Mayor Walters stated that he will pass the gavel to the Vice Mayor and asked Town Clerk Masny if the Town has received any other interest in the Board of Adjustment? Town Clerk Masny responded that the Town has not received any new applications for appointment to the board. Mayor Walters stated that he was advised by Gail Gowdy that she is interested in this board even though she did not check it on her application form.

MAYOR WALTERS MOVED, SECOND COMMISSIONER STACEY TO REAPPOINT MIKE ROWE AND APPOINT GAIL GOWDY TO THE BOARD OF ADJUSTMENT WITH TERMS APRIL 21, 2004 THROUGH APRIL 21, 2007. VOTE: ALL AYES. MOTION CARRIED.

PLANNING AND ZONING BOARD: REAPPOINTMENT OF SHERRI QUARRIE TO THE PLANNING AND ZONING BOARD WITH A TERM APRIL 21, 2004 THROUGH 21, 2007; REAPPOINTMENT OF COLLIN


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CAMPBELL FROM THE ALTERNATE #1 POSITION TO A REGULAR MEMBER ON THE PLANNING AND ZONING BOARD WITH A TERM ENDING JULY 16, 2006 AND REAPPOINTMENT OF MIKE KING FROM THE ALTERNATE #2 POSITION TO A REGULAR MEMBER ON THE PLANNING AND ZONING BOARD WITH A TERM ENDING AUGUST 21, 2005.

MAYOR WALTERS MOVED TO APPOINT MIKE KING, GAIL GOWDY, AND COLLIN CAMPBELL TO THE PLANNING AND ZONING BOARD. MOTION WITHDRAWN AFTER LENGTHY DISCUSSION.

Commissioner Price stated that he is opposed to appointing any one person to both of these important boards and the Town can find other people to apply.

Vice Mayor Guglietta stated that he served on two Town Boards and Curtis Byrd serves on the Parks Board and the Environmental Advisory Board and this is not out of the ordinary as all boards are important and there are no other candidates for these openings.

Commissioner Price stated that there was no notice given to the Commission or members of the public that there were openings on these boards and this agenda item should not go forward.

Mayor Walters commented that what usually happens is that this would be a reappointment, but this time he is recommending that the Town put someone new on the Board. He stated that the appointment should not be a “rubber stamp”. Mayor Walters stated that Ms. Gowdy, who attends the Planning and Zoning and Board of Adjustment meetings, will do a good job as this is why he feels that she should be a regular member on the Boards rather than an alternate member. Mayor Walters also stated that there had been a request for a reappointment to the Board of Adjustment even though the Board member had not had not attended any meetings in the last year.

Vice Mayor Guglietta clarified with Ms. Gowdy that she would like to remove her interest from the Code Enforcement Board and would be interested in serving on the Board of Adjustment.

Commissioner Price stated that he thinks it improper because the Town has not advertised these vacancies on the Planning and Zoning and Board of Adjustment where we have had all the controversies about height restrictions, and to put one person who has been the leader in the “tear down the Hamilton house” on both boards is improper.

Ms. Gowdy responded that back in November, Commissioner Price, during a meeting, challenged her to get actively involved in this community rather than to stand up and complain. Ms. Gowdy commented that she put her application in to volunteer for serving on the Town Boards the following day, she took him at his word and that is what she is doing. Commissioner Price stated that Ms. Gowdy was just appointed to the Board of Adjustment and that he does not think she should be appointed to the Planning and Zoning Board tonight also, it should be one or the other, not both.

Bill Hoskovec, 526 Avenue B commented that if Ms. Kinzer and Ms. Quarrie reapplied for reappointment, so there were other applications.

Linda Rydson, 1301 Pine Street commented that she did want to be on a Board and that she read in the Beachcomber that the Town was looking for members to be on the Historic Board. Ms. Rydson stated that she reads the bulletin board faithfully, attends the Planning and Zoning Board, Board of Adjustment and Town Commission meeting and did not know. Ms. Rydson asked that this agenda item be postponed until next month.

Trish Riemer, 607 Riverside Drive commented that the Town has two positions open and Sherri Quarrie’s term is up for renewal on the Planning and Zoning Board and the Town Commission is talking about


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putting someone in who has stood up trying to get certain things not done such as that she does not want a bed and breakfast in Melbourne Beach and that she wants Jack Hamilton to tear down part of his house and make sure that nobody else can build anything that high, and she has made it clear that she is against this project that is coming up for a vote. Mike King, 1402 Oak Street commented has been a resident since 1997 and that he volunteered for the board because he saw it in the paper time after time, after time and he decided to apply because he had the time and suggested that the Town Commission fill vacant member seats with those who are alternate members on the board. Mr. King agreed that there should be time allowed for people to apply for the boards.

Marty Remark, 707 Atlantic Street commented that when she ran for Town Commission the Town Attorney said she had to resign from the Code Enforcement Board, which has not met in over a year and asked if she was still on the board.

Sherri Quarrie, 701 Pine Street commented that she understands that the Town Commission does not want to reappoint her to the Planning and Zoning Board and advised that she has been on the Board for two reappointments and now is not qualified. Vice Mayor Guglietta and Mayor Walters explained the previous discussion regarding the agenda item to Ms. Quarrie and Commissioner Price clarified with Mayor Walters that it is the intent of the motion to eliminate the person whose term has expired. Ms. Quarrie stated that the Mayor is working with the old school of thought that with confusion, there is opportunity and Commissioner Price is pointing out the confusion in the way the consent agenda is written.

Ann Downing, 801 Pine Street commented that she would think that if you are on a board and reapply to stay on that board, you are pretty much reappointed to that board. Ms. Downing commented that if this is not the procedure, the residents should be made aware of it for future planning. Ms. Downing commented that she always thought that if you were an alternate, you moved up if there were a vacancy in a regular member position occurs.

Bruce Black, 508 Ocean Avenue commented that a Town Commission meeting is a business meeting of the Town, and as elected officials, you can appoint whomever you want, but, what comes into question here is that the procedures and rules have to be posted.

Mayor Walters commented that the only thing different here is that we are not rubber stamping the reappointments. He made a motion to remove this item from the consent agenda so it could be discussed. Mayor Walters explained that the Town Commission presented a draft height ordinance to the Planning and Zoning Board for their review and recommendations. He stated that he was sure the Board would look into the ordinance and advise the Town Commission on how to prevent a violation of the building code in the future. Instead, they submitted it back as drafted. Mayor Walters commented that in the draft ordinance there were exceptions to the 28 feet height limit. The draft ordinance said you could put a copula, an antenna or other similar structure on your home. The wording “other similar structure” would create the same problem as the word, “appurtenances” did in the ordinance. We had an ordinance we were trying to tighten up and the Planning and Zoning Board did not see the problems. Mayor Walters said he felt Gail Gowdy would do a better job, she has the time and the energy and he felt this Commission should have had something better than a flawed ordinance sent back to it from the Planning and Zoning Board. The Town Commission had to have a workshop and spent hours trying to do what he thought the Planning and Zoning Board should have done.

Commissioner Wilson commented that there was a time when this Commission appointed other Commissioners, it is not like it is unheard of business, and explained that there was an election and he came in third but he was not automatically appointed to a vacancy, the Commission made the


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decision who they felt the best candidate was for the appointment.

Commissioner Stacey commented that he would have a hard time not reappointing Ms.Quarrie because she has been at all of the meetings.

MAYOR WALTERS MOVED, SECOND COMMISSIONER WILSON TO TABLE THE AGENDA ITEM REGARDING THE PLANNING AND ZONING BOARD APPOINTMENTS AND/OR REAPPOINTMENTS. VOTE: ALL AYES. MOTION CARRIED.

CODE ENFORCEMENT BOARD: REAPPOINTMENT OF WARREN OLIN AND DONALD KENNEY TO THE CODE ENFORCEMENT BOARD WITH A TERM APRIL 21, 2004 THROUGH APRIL 21, 2007; AND REAPPOINTMENT OF MICHAEL BOVE FROM THE ALTERNATE #1 POSITION TO A REGULAR MEMBER ON THE CODE ENFORCEMENT BOARD WITH A TERM ENDING MAY 14, 2006. PARKS BOARD: REAPPOINTMENT OF CURTIS BYRD TO THE PARKS BOARD WITH A TERM APRIL 21, 2004 THROUGH APRIL 21, 2006.

ENVIRONMENTAL ADVISORY BOARD: REAPPOINTMENT OF KRISTEN VANWAGNER FROM THE ALTERNATE #1 POSITION TO A REGULAR MEMBER ON THE ENVIRONMENTAL ADVISORY BOARD WITH A TERM APRIL 21, 2004 THROUGH APRIL 21, 2006.

MAYOR WALTERS MOVED, SECOND COMMISSIONER STACEY TO APPROVE THE CONSENT AGENDA. VOTE: ALL AYES. MOTION CARRIED.

III. TOWN BOARD APPOINTMENTS AND RESIGNATIONS: A. RESIGNATIONS: ACCEPTANCE OF RESIGNATIONS OF GLENN ERICKSON FROM THE CODE ENFORCEMENT BOARD; GEOFFREY CARTER FROM THE ENVIRONMENTAL ADVISORY BOARD; AND GARY SACK AND GREGORY DURHAM FROM THE PLANNING AND ZONING BOARD. VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER STACEY TO ACCEPT THE RESIGNATIONS OF GLENN ERICKSON FROM THE CODE ENFORCEMENT BOARD. GEOFFREY CARTER FROM THE ENVIRONMENTAL ADVISORY BOARD AND GARY SACK AND GREGORY DURHAM FROM THE PLANNING AND ZONING BOARD. VOTE: ALL AYES. MOTION CARRIED.

B. APPOINTMENTS: CONSIDERATION OF APPOINTMENT OF GAIL GOWDY TO THE PLANNING AND ZONING IN THE ALTERNATE #1 POSITION WITH A TERM APRIL 21, 2004 THROUGH APRIL 21, 2007 AND APPOINTMENT TO THE CODE ENFORCEMENT BOARD IN THE ALTERNATE #1 POSITION WITH A TERM APRIL 21, 2004 THROUGH FEBRUARY 20, 2005. No action was taken on this agenda item.

V. APPROVAL OF MINUTES: MARCH 3, 2004 SPECIAL MEETING AND PUBLIC HEARING, MARCH 10, 2004 SPECIAL MEETING AND MARCH 17, 2004 REGULAR MEETING.COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO APPROVE THE MINUTES OF MARCH 3, 2004 SPECIAL MEETING AND PUBLIC HEARING, MARCH 10, 2004 SPECIAL MEETING AND MARCH 17, 2004 REGULAR MEETING. VOTE: ALL AYES. MOTION CARRIED.

IV. NON-SCHEDULED CITIZEN COMMENTS (3-MINUTE LIMIT, PLEASE) Frank Thomas, 606 Atlantic Street commented that he is the Town’s unofficial folklorist and historian and that he would like to speak at the Town Hall dedication on Founders Day and it should be noted about who founded the Town and requested that he be allowed to speak of the tribute to the Town founders.


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Linda Rydson, 1301 Pine Street commented that she has an issue coming before the Board of Adjustment on Monday and in the midst of our disagreements we need to remember that the point of this project is to save one of our few remaining original houses and remember the family and people who lived here. It is a time for us to think about who we are, what we are proud of and how we can all work together.

Ron Gallagher, 318 Third Avenue commented that the stairs at the beach crossovers at Third Avenue and Sixth Avenue, are in need of repair and asked that the Public Works Department look into these.

Bruce Black, 508 Ocean Avenue commented that when questions are brought up at meetings, these questions and responses be typed up and available at the next meeting and the items on the agenda need to give the residents more information about what is being discussed.

Bill Hoskovec, 526 Avenue B commented that it be possible that the agenda be in smaller than 16 point font to allow it to print.

Jan Futch, 801 Oak Street asked how a church was allowed to be put in a residential area and asked this be looked into as she is concerned.

Frank Thomas, 606 Atlantic Street commented about the church at Avenue A and Oak Street, and stated that he asked about this three months’ ago.

Mayor Walters passed the gavel to Vice Mayor Guglietta to make a motion.

MAYOR WALTERS MOVED, SECOND COMMISSIONER WILSON THAT FROM THIS DAY FORWARD, THAT IN EVERY NEWSLETTER, FOR A PERMANENT POSITION, THE TOWN ADVERTISE AND REQUEST BOARD MEMBERS FOR ALL TOWN BOARDS. VOTE: COMMISSIONER STACEY, AYE. COMMISSIONER WILSON, AYE. MAYOR WALTERS, AYE. COMMISSIONER PRICE, AYE. VICE MAYOR GUGLIETTA, NAY. MOTION CARRIED.

B. APPROVAL OF AMY ADAMS, CAPE CANAVERAL SCIENTIFIC TO RESUBMIT A FLORIDA FOREVER/FLORIDA COMMUNITIES TRUST GRANT FOR FUNDING TO PURCHASE NORTH PARCEL TO LOGGERHEAD PARK PRESERVE IN AN AMOUNT FOR GRANT WRITING SERVICES NOT TO EXCEED $4,830.00.VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER PRICE TO APPROVE CONSENT AGENDA ITEM. B. VOTE AFTER DISCUSSION, ALL AYES. MOTION CARRIED.

Jan Futch stated that Cape Canaveral Scientific submitted the first grant and asked if it was turned down? Mayor Walters stated that someone else bought the property for a little more than the state would purchase it for and now we are resubmitting the grant to purchase it from the current owners.

Trish Riemer, 607 Riverside Drive asked why the Town Manager can’t reapply for a grant and how much it cost to file the first application? Ms. Riemer was advised that this has to do with time constraints.

Martha Remark, 707 Atlantic Street asked how much they are selling the north piece of property for this time? Ms. Remark was advised it costs $600,000.

Susie Stark, 305 Fifth Avenue asked if the Town receives copies of the disks of the grants that have been submitted or do the grant writers keep them?

Commissioner Price stated that the Town is paying for someone to take the grant and shepard it through the process, not just resubmit the same grant again. Commissioner Price commented that there are several


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other grants and the Town has a new Town Manager who will be here soon and he will look at the future grant writing possibilities.

C. AWARD OF BID TO PRO-AM SAFETY, INC. THROUGH FEMA GRANT AWARDED TO THE MELBOURNE BEACH VOLUNTEER FIRE DEPARTMENT IN JANUARY 2004.VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER WILSON TO AWARD THE BID TO PRO-AM SAFETY, INC. THROUGH FEMA GRANT AWARDED TO THE MELBOURNE BEACH VOLUNTEER FIRE DEPARTMENT IN JANUARY 2004. IN THE AMOUNT OF $77,500.00 PLUS $1,538.00 FOR A R.I.T. KIT. VOTE: ALL AYES. MOTION CARRIED.

C. DISCUSSION AND POSSIBLE ACTION REGARDING TERM LIMITS. (MAYOR WALTERS) Mayor Walters stated that he needs advice from the Town Attorney as to how to proceed with this as it will need to go to the residents for a vote.

VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER PRICE TO TABLE AGENDA ITEM IX.C. VOTE: ALL AYES. MOTION CARRIED.

D. DISCUSSION AND POSSIBLE ACTION REGARDING MELBOURNE BEACH LAND DEVELOPMENT CODE, SECTION 7A-172. (VICE MAYOR GUGLIETTA) Vice Mayor Guglietta read Land Development Code Section 7A-172 into the record, “Whenever a violation of this Land Development Code occurs or is alleged to have occurred, any person may file a complaint. Such complaint shall state fully the causes and basis thereof and shall be filed with the Town Clerk.”

Vice Mayor Guglietta asked that if a resident comes to Town Hall to file a complaint regarding a fence installed in the right-of-way, what is the procedure to enforce this section of the code? Vice Mayor Guglietta stated that it is his understanding that the Code Enforcement Office is our Public Works Director and the code advises that a complaint shall be filed with the Town Clerk.

Vice Mayor Guglietta asked what happens when a shed or fence is put up and no permits are pulled, someone has to enforce the codes in the code book. Commissioner Wilson commented that building codes are enforced by the Building Official and others are enforced by the Code Enforcement Board.

Vice Mayor Guglietta asked Town Clerk Masny who enforces the Land Development Code and Town Clerk Masny replied that the Building Official investigates these complaints. Mayor Walters stated that it appears that the Town needs someone to enforce the ordinances. Vice Mayor Guglietta agreed and stated that we have all of these regulations in the code book and we need someone to enforce them.

Mayor Walters opened the meeting for comments from the public.

Marty Remark, 707 Atlantic Street commented that all questions of interpretation, first go to the Building Official and then to the Board of Adjustment. Ms. Remark commented that code enforcement used to be an effort between the Police Department, Building Official and Code Enforcement Officer. Gail Gowdy, 215 Ash Avenue commented that Section 4A-143, reads, “The Building Official, under the direction of the Town Manager, shall administer the provisions of this Land Development Code, and the Code Inspector shall initiate enforcement procedures in accordance with Section 11-15 through 11-22 of the Town Code when violations of this Land Development Code exist. The Code Inspector may initiate enforcement procedures in accordance with Section 489.127(3) of the Florida Statutes.” Under Section 11, it talks about the Code Enforcement Board’s responsibilities. Ms. Gowdy stated that there is a separation between the enforcement of the Land Development Code and the remainder of the code.


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VI. REPORTS BY ANY TOWN BOARD OR COMMITTEE SUBMITTING A REPORT. Ann Downing reported that the Williams Building Committee will have a booth at Founders Day to acquaint people with the Williams Building and the Board and will be accepting donations. The Committee with also continue to have the history play this year, but advised it is hard to get a cast of younger people for the play and the play will have to be shortened this year. Ms. Downing advised the Town Commission that the Committee is committed to the Williams Building, and to keep the record straight, are not the history committee. Ms. Downing reported that the community values the older houses and the Ryckman House and old Post Office.

Donnie Price, Parks Board Chairman reported that everything is set for Founders Day and everybody should remember it is the day to celebrate the history of the Town. There will be three bands for the street dance this year, the 10K run has been canceled this year because Kim Bissett dropped out and the Board was unable to get professional event runners to coordinate the event and it will resume next year. Mr. Price reviewed the schedule of events for Founders Day and reported that the Rotary Club will be serving beer and wine this year.

COMMISSIONER STACEY MOVED SECOND COMMISSIONER PRICE TO EXTEND THE MEETING UNTIL 9:30 P.M. VOTE: ALL AYES. MOTION CARRIED.

II. PROCLAMATIONS AND AWARDS: PRESENTATION OF CERTIFICATE OF COMPLETION TO VICE MAYOR GUGLIETTA FOR HIS ATTENDANCE AT THE 2004 INTERNATIONAL ACADEMY, ADVANCE COURSE. Mayor Walters presented a Certificate of Completion to Vice Mayor Guglietta for his attendance at the 2004 International Academy, Advance Course. Vice Mayor Guglietta discussed his experience attending the course.

X. REPORTS: A. TOWN ATTORNEYThere was no Town Attorney report as he had to leave the meeting early.

B. TOWN MANAGER - TRANSITION PERIOD Mayor Walters introduced W.D. Higginbotham as the Town’s new Town Manager. Interim Town Manager Taylor reported that this is his final official meeting with the Town Commission. Mr. Taylor reported that there were several projects accomplished since his appointment in January and acknowledged former Town Manager Bill Hoskovec and former Interim Town Manager Connie Smith and thanked them for their help. Mr. Taylor stated that he would be happy to stay through May 7, 2004 to bring Mr. Higginbotham up to date on issues and assist in preparing a draft budget. Mr. Taylor thanked the Town Commission for the opportunity to serve the community.

The Town Commission thanked Mr. Taylor for serving as the Town’s Interim Town Manager and for staying to work with Mr. Higginbotham during his first two weeks’ of employment with the Town.

C. TOWN COMMISSIONERS Vice Mayor Guglietta thanked the volunteer fire department for their quarterly financial report and pointed out that they need to list the expenditures on the next quarterly report. Vice Mayor Guglietta reported that the last agreement between the Town and the department is dated November 1993 and now that we have a new complex, we need to come to a new agreement and asked that this be put together by Interim Town Manager Taylor and Town Manager Higginbotham. Vice Mayor Guglietta reported that he attended his first Metropolitan Planning Organization meeting regarding the county roads and the allocation of funds and feels that next month he will be able to give a better report as he gets more familiar with the organization.

Commissioner Price reported that he participated in the West Shore Junior/Senior High School in their Senior Projects Presentation where they present oral and written presentations on senior projects and invite


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members of the community to be judges to the projects. Commissioner Price reported that he was impressed with the youngsters and their projects. Commissioner Price reported that he attended the Space Coast League of Cities meeting and that the Charter Commission is in the process of making recommendations for changing the County Charter and many of the recommended changes would take away authority from the cities and be given to the county. Commissioner Price reported that he attended a meeting held at the Melbourne Airport regarding the school budget and that there is a problem funding the schools and the shortages in funding that exist. Commissioner Price commented that the sales tax issue was defeated and there needs to be new ideas to fund the schools.

COMMISSIONER STACEY MOVED, SECOND COMMISSIONER WILSON TO EXTEND THE MEETING 15 MINUTES, UNTIL 9:50 P.M. VOTE: ALL AYES. MOTION CARRIED.

Commissioner Stacey reported that he serves on the Water Supply Board and stated that the Melbourne water is very good and one of the best in the state. Commissioner Stacey requested to know how many people have volunteered to serve on the new historical board and Town Clerk Masny responded that the Town has received two applications. Commissioner Stacey expressed concern about employees in Town regarding educational opportunities as the Police Department has an education fund to pay for classes and he would be in favor of paying for Town employees to attend classes.

Commissioner Wilson asked what the status is of the improvements at the traffic signal intersection and Interim Town Manager Taylor reported that the Town had a meeting with Dick Thompson at the County and then with a person at the Florida Department of Transportation, who was to check the looping system for the signals and the Public Works Director is to follow up with this. Mr. Taylor reported that the Town has decided to work with Dick Thompson at the County to get a design and get a price through their contracts and have them do the work at the intersection.

Vice Mayor Guglietta stated that there was $10,000 in the budget for sand fences and this project has not been done and in a few more days is the beginning of turtle nesting season and the Town could take that money and put it back into the general fund and use it to go toward the stormwater project on Oak Street.

Mayor Walters commented that the Town Commission has not completed the mid-year budget review yet and suggested the budget amendment just suggested by Vice Mayor Guglietta be handled through that process. Mayor Walters commented that the Town Commission has been open and allowed the residents to come up and have their say as it is important to get different ideas on topics and thanked all for their comments. Mayor Walters advised that the Town has a police officer on workers’ compensation and asked that this be checked into. Interim Town Manager Taylor responded that the officer is on workers’ compensation and is scheduled for surgery. Mayor Walters asked when the Town is going to stripe the municipal complex parking lot and Interim Town Manager Taylor responded that there is some cosmetic work to be done on the parking lot and the parking lot will be striped when the circle drive is completed. Mayor Walters recommended that the newsletter have a “Commission corner” to give the residents updates regarding Town progress. Mayor Walters stated that he has no problem with any Commissioner writing articles for the newsletter, as long as they are not political and the Town Commission may need to readdress the resolution prohibiting a Commissioner from writing articles without permission of the majority.

Frank Thomas, 606 Atlantic Street commented that he founded Founders Day and stated that he has done a lot with the history of the Town and commented that Donnie Price and Ann Downing are hard workers for the Town that the home tour was great and the Williams Building raised a lot of funds during the tour and suggested that Ann Downing be allowed to make an historic speech on Founders Day at the municipal complex dedication. Mr. Thomas commented that the old Post Office is dangerous and needs maintenance. Mr. Thomas commented on his not being allowed to speak at the building dedication and Mayor Walters


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commented that once again, he will extend his hand to Mr. Thomas and that when he returns all items that were in the old Post Office, the Town can restore his position as Town Historian and he will personally vote that he be reinstated. Mr. Thomas responded that he does not want to be Town Historian with this Commission and stated that he does not have anything that belongs to the Town.

D. GENERAL COMMISSION DISCUSSION (TIME PERMITTING) There was not general Commission discussion.

XI. ADJOURNMENTCOMMISSIONER WILSON MOVED, SECOND COMMISSIONER STACEY TO ADJOURN. VOTE: ALL AYES. MOTION CARRIED.







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WednesdayMay 5, 2004

COMMUNITY ROOM - TOWN HALL

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A special meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by Mayor Walters at 6:00 p.m. on Wednesday, May 5, 2004 in the Community Room at Town Hall. Mayor Walters also led the Pledge of Allegiance


Others Present: W.D. Higginbotham, Jr. Town ManagerNine members of the publicAmy Adams, Cape Canaveral ScientificTown Clerk Masny

I. DISCUSSION AND POSSIBLE ACTION REGARDING A GRANT THROUGH THE FLORIDA COMMUNITIES TRUST

Town Manager Higginbotham stated that the Town Attorney has reviewed a proposed grant contract and has forwarded his suggestions regarding same. Town Manager Higginbotham reported that the Town was notified that we were awarded a $3.2 million grant and appraisals have been ordered on the Boomerang property. He reported that the state will award funding based on the result of the appraisals.

Mayor Walters verified that the state is requesting an indication from the Town that it wants to proceed with the grant application to move forward with the acquisition of the property.

Ms. Adams advised that the approved conceptual site plan, as prepared by the Parks Board and Environmental Advisory Board, intends this to be a passive park, which means the rubble parking lot will be turned back to native vegetation, the two buildings on the south end of the property will be leveled, parking will be added near the First Avenue beach access, we will keep the restaurant buildings and rent these to cover the cost of maintenance of the buildings.

Jim Hunter, 301 Banyan Way asked what the Town is going to do with the property as he was advised that the Town plans to expand Ocean Park? Mr. Hunter stated that he is concerned as a taxpayer about taking this $3,000 tax revenue from this property out of the Town’s revenue as


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the library property was taken off the tax roll also.

Town Manager Higginbotham explained that his intent is to put together a plan to generate enough revenue to offset the operating costs as well as lost revenue. He explained he will present something for approval by the Town Commission.

Amy Adams explained that the grant application points out that the business ventures will help cover costs of maintaining the onsite buildings, including air conditioning, lighting and so forth and regaining any lost revenue from taxes. Mayor Walters asked if this will include the maintenance workers and Ms. Adams advised that maintenance of the park will become part of the overall cost.

Commissioner Price presented a question that what if the property cost is $10,000 per year and generates $100,000 and asked what happens to the $90,000? Ms. Adams responded that you will have to lower the rental fees and maintain a zero balance at the end of the year. Commissioner Price asked Ms. Adams how do you make adjustments for any increase in taxes? Ms. Adams commented that all of this will be addressed in the Management Plan, which must be submitted to the Florida Communities Trust for their review prior to closing on the grant. Ms. Adams added that the Management Plan will be drafted in the next 60-90 days. Commissioner Price commented that the Town will be adding 350 feet of park land to be maintained by the Town without the ability to recover these costs and he believes that this commercial property should not be removed from the tax rolls because its highest and best use is commercial property. Commissioner Wilson commented that there are plenty of down sides to this property such as not having sufficient parking spots for visitors to the new park area and agreed that this could be a major money drain for the Town as an estimated loss of various tax revenues for this property is about $5,500. Commissioner Wilson commented that people will come to Town to go to the beach and they will be using the parking lot of the shopping center, which will require the Town to hire an extra officer on the weekends to control this. Commissioner Wilson stated that he has some reservations with this, but will probably support it. Commissioner Wilson commented that he would like to get this idea to the people to have them vote on it if there were time to do so.

Vice Mayor Guglietta commented that the Town spent $3,800 to apply for the grant and the Town Commission will change and the next Commission may vote to rezone the property for condominiums. Vice Mayor Guglietta stated that we have an opportunity to get 350 feet of oceanfront property and does not want to take the chance for condominiums to be constructed on this property.

Mayor Walters opened the meeting for public comment.

Frank Thomas, 707 Atlantic Street commented that up until 1970, this property was a beachfront bar and casino and The Town had a lot of problems, this is the best idea since the library was constructed. Mr. Thomas stated that in 1970, when the town was offered the lease of the current Ocean Park, these same questions were asked and the same problems were mentioned.

Jim Hunter, 321 Banyan Way commented that he plays volleyball at Ocean Park and has to fight for use of the courts as the people come over her from Orlando to use the courts. Mr. Hunter commented that not many residents use the park because those who do are from somewhere else. Mr. Hunter asked how much will it cost to demolish the buildings and construct the boardwalk or other facilities and where is the money going to come from?

Sherri Quarrie, 701 Pine Street commented that she has not seen the site plan for this property and that she assumes demolition will be the 2-story real estate building and asked how much tax income will be lost? Commissioner Wilson stated that $5,500 is the closest he could come to estimating this.

Susie Stark, 305 Fifth Avenue commented that she understands that the site plan takes out the turnaround


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area and Ms. Stark was advised that it does not.

Martha Remark, 707 Atlantic Street asked if this will be a lease and Ms. Adams advised that it will be owned by the Town and will be held in perpetuity as a park. Ms. Remark commented that this sounds like a good idea as we will have more parking and public restrooms.

Holly Madden, 608 Mango Drive commented that a local business owner has a contract on the property right now and asked how the Town is going to secure the position to procure the property? Mayor Walters stated that the State will barter for the property with the current owner and they will only offer the appraisal amount for the property. Ms. Madden suggested that the Town enter into a letter of intent with the owner of the property because if the first contract fails to perform, the Town’s contract goes into play.

COMMISSIONER STACEY MOVED, SECOND COMMISSIONER WILSON TO APPROVE THE FLORIDA COMMUNITIES TRUST GRANT FOR $3.2 MILLION. VOTE: COMMISSIONER STACEY, AYE. COMMISSIONER WILSON, AYE. VICE MAYOR GUGLIETTA, AYE. MAYOR WALTERS, AYE. COMMISSIONER PRICE, NAY. MOTION CARRIED.

Mayor Walters stated that the Town Attorney reviewed the Florida Communities Trust grant agreement for the Ocean Park expansion and provided recommended changes for consideration by the Town Commission.

COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO ACCEPT THE TOWN ATTORNEY’S RECOMMENDATIONS FOR SECURING THE FLORIDA COMMUNITIES TRUST GRANT. VOTE: ALL AYES. MOTION CARRIED.

II. ADJOURNMENTVICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER STACEY TO ADJOURN. VOTE: ALL AYES. MOTION CARRIED.





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


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inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.


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MINUTESTOWN COMMISSION - Workshop

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WednesdayMay 5, 2004


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A workshop of the Town Commission of the Town of Melbourne Beach, Florida was called to order by Mayor Walters at 6:52 p.m. on Wednesday, May 5, 2004 in the Community Room at Town Hall.


Others Present: W.D. Higginbotham, Jr. Town ManagerFive members of the publicTown Clerk Masny

I. REVIEW OF AGREEMENT BETWEEN THE TOWN OF MELBOURNE BEACHAND THE MELBOURNE BEACH VOLUNTEER FIRE DEPARTMENT, INC. Town Manager Higginbotham noted that the Municipal Complex was dedicated last Saturday, May 1, 2004 and the last agreement between the Town and Melbourne Beach Volunteer Fire Department and Corporation was entered into in November 1993 and needs to be updated so that all understand what is expected of all parties.

Town Manager Higginbotham noted that on Page 2, #5 talks about maintaining training records and stated that he is concerned that many issues can be settled by discussion between the Town Manager and Fire Chief. Page 3, #7 talks about quarterly reports of income and expenditures and he thinks this needs to be updated so all know what will be in the quarterly reports; Page 3, #8 indicates that a roster, including names and addresses of volunteer fire fighters needs to be maintained and on file with the Town Manager or Town Clerk; Page 4, #9, Town Manager Higginbotham asked if the fire department has a current operating manual?; and Page 4, #10, talks about the existing fire facilities which needs to be clarified as we are now in one facility and it needs to be clarified as to what the Town expects of the Department and Corporation and what they expect of the Town.

Mayor Walters commented that the agreement refers to Town, Corporation and Department and suggested that the word “Corporation” be eliminated and replaced with “Department” throughout. Mayor Walters advised that there are two (2) other volunteer fire departments in the county and they do not have a separate department and a corporation.


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Mayor Walters suggested that the Town Commission review the existing agreement, give changes to the department for review and have the fire department board vote on any changes.

Mayor Walters commented that he believes the agreement should be with the Town and the Melbourne Beach Volunteer Fire Department, Inc., unless there is a legal reason it cannot be this way.

The Town Commission discussed that the new state rule is that the department must show a good faith effort to comply to have new members take 160 hours of training, but the old members need to have hazardous training and would like to know how the department is making sure that the people taking the exam and are passing it. There needs to be a better understanding or policy to let the Town and department know which people are combat trained and support trained, and if they go inside a structure on fire, they have training for these “hot zone” people.

The Town Commission discussed why, under #3 on Page 1, it can read, “The Melbourne Beach Volunteer Fire Department, Inc. is a “private,” not for profit corporation as this may imply that they are not responsible to the Town.

It was discussed that the Town is covering the volunteers under workers’ compensation insurance and that all insurance coverage should be specified in the agreement. It was noted that the marine rescue unit should be listed in the agreement. The Town needs to look at the mutual aid agreement and incorporate it into the agreement between the Town and Fire Department.

Mayor Walters suggested that the last sentence of #6 be deleted from the agreement to allow the Fire Chief to sit as an officer or director of the corporation (department) because he should be allowed to give input.

It was noted that it specifically states in the agreement between the Town and Department that any donations made to the Town of Melbourne Beach are be used for the Fire Department and if the donations are made to Melbourne Beach Volunteer Fire Department, Inc., the money goes to them and is used for the Fire Department. The Commission discussed that Page 3, #7 reads, “The Corporation shall submit a quarterly report listing income and expenditures to the Town Manager,” and this needs to be cleared up and as the Town does not receive these reports.

It is discussed that the agreement may need to amend or better define the 2-mile radius residency requirement for volunteer fire fighters and better define what category each person is on the list of 20 persons such as support, active, etc.

The Town Commission discussed the use of the community room. It was discussed to have the Town Clerk schedule the room with priority given to use by the Fire and Police departments for training. The room should also be used by the Parks Board, Beach Gardeners, etc. Mayor Walters suggested that any fees collected for rental of the Community Room be used to clean the room.

It was noted that the $25,000 life insurance policy may need to be adjusted and for liability purposes, children in the fire department must be supervised at all times and no children under the age of 12 shall be in the fire department after 9:00 p.m., except for fire calls or declared emergencies and this must be approved by a staff member.

Commissioner Guglietta commented that on Page 3, the agreement refers to “support” and asked what these people do? Chief Hunter responded, recruitment, retainment, training, etc. Commissioner Guglietta discussed a letter he received from the City of Fort Lauderdale requesting a donation of a fire truck for their


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sister city in Haiti.

Commissioner Price commented that a good procedure will be to have the new Town Manager sit down with the fire department and come up with a draft agreement.

Mayor Walters asked for and received approval to write articles for the next newsletter regarding the municipal complex dedication, various photos, and an article regarding scale disease being discovered on sable palm trees. There were no objections.







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ThursdayJune 17, 2004


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A workshop of the Town Commission of the Town of Melbourne Beach, Florida was called to order by Mayor Walters at 6:00 p.m. on Thursday, June 17, 2004 in the Community Room at Town Hall. Mayor Walters also led the Pledge of Allegiance.

Present:

Absent:

Mayor WaltersCommissioner GugliettaCommissioner PriceCommissioner Wilson

Commissioner Stacey

Others Present: Town Manager HigginbothamPolice Chief Syrkus10 members of the publicDeputy Town Clerk Gomez (left 8:00 p.m.)

DISCUSSION OF WRIT OF PROHIBITION, CASE NO. 05-2004-AP-059814

Commissioner Wilson asked to discuss Writ prohibition first on the agenda. There were no objections from the Town Commission.

Town Manager Higginbotham explained to the Town Commission that he needed direction regarding the WRIT of Prohibition received by the Town regarding the appeal submitted to the Board of Adjustment regarding the Hamilton house. He reported that this will be going to court and referred to a memo submitted by the Town Attorney regarding this and advised that the Town will need to give direction on how it will respond to this. Town Manager Higginbotham reported that the Town Attorney advised that there could be heavy legal fees involved, depending on how vigorous the legal effort is.

The Town Commission discussed at length the situation and whether it should vigorously defend the Writ of Prohibition or not and if the Town is commented to taking on the costs associated with it.

Mayor Walters open the workshop to public comment.

Mark Abraham, 410 Atlantic Street commented on the Hamilton house issues and how he believes the Town has an obligation to make a decision based on the principle and the concepts of what is occurring with this right now.

Alice Graham, 305 Fifth Avenue commented on appurtenances and that Mr. Hamilton is on violation with some of the codes and should be fined.

Tom Shaw, 406 Riverside Drive commented that he does not see how, morally and ethically the Town can


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defend the previous Building Inspector in court and not simultaneously vigorously follow this item as well.

Xochitl Ross, 1106 Atlantic Street commented about the previous Building Official.

Lynette Fodor commented that she has two (2) empty lots behind her and is concerned about the rights of other builders and how this height violation may affect others.

Mayor Walters advised that the Town Commission is discussing and taking public comment on whether or not the Town should spend $10,000 or more dollars continuing this with the Hamilton house.

Scott Herber, 211 Flamingo Lane commented that his concern is that if no stand is taken on this, it leaves the Town open for other problems.

Mike West, 406 Atlantic Street commented that there is a pattern of the builder not complying with the codes and there are other homes being constructed right now and asked if the Town is going to fight the lawsuit or save the $10,000?

Town Manager Higginbotham stated that the Town Attorney is asking for direction on this, should the Town bear the expense of strongly fighting this case or should the Town support intervention by Mr. West and Mr. Hamilton and allow them to take up the fight against Mr. Hamilton thereby allowing the Town’s involvement to be more passive in merely seeking direction from the court. Town Manager Higginbotham stated that this will allow them to pursue this in court and in turn, have their appeal heard before the Board of Adjustment and it will then be a decision of the Town Commission to provide legal defense for the Building Official as in the last appeal case.

Commissioner Guglietta pointed out that if Mr. West and Mr. Abraham convince the court that there were violations in the issuance of the Certificate of Occupancy, it can go before the Board of Adjustment and he is in favor of this. Commissioner Guglietta stated that the Town has an obligation to defend the Building Official, the Town and the citizens. Commissioner Price stated that this year, the Town has spent $36,609.92 on legal fees, which includes the Hamilton house.

Tom Shaw, 406 Riverside Drive requested that it be written in a resolution, that the Town Commission will vigorously support and pursue any violations of the new codes.

Mike West, 406 Atlantic Street commented that mediation could be used to look for another solution and commented that maybe this could be settled more quickly and with less expense.

IT IS THE CONSENSUS OF THE TOWN COMMISSION TO ADVISE THE TOWN ATTORNEY THAT IT DOES NOT WISH TO VIGOROUSLY FIGHT THE WRIT OF PROHIBITION.

DISCUSSION OF FINANCIAL STATEMENTS FOR YEAR ENDED SEPTEMBER 30, 2003

Town Manager Higginbotham reported that currently the auditors are having difficulty sufficiently reconciling to close our the last fiscal year and advised that this is due to the fact that we have an outside agency handling some of the financial affairs, the software was changed, and there were personnel changes. He reported that the software was generating bad check numbers when in fact it was producing hard copy checks and the reconciliation has been a problem and the amount outstanding is $16,000. Town Manager Higginbotham reported that the auditors have given three (3) alternatives and the third (3rd) one is not an option. He advised that the auditors mentioned the Town can close out the $16,000 for the fiscal year, but they would like to have someone look at the payroll records and make certain expenses are posted with the deductions and such, which was done and nothing was found and now we are at the point that the audit will be finished by July 15th and we will get an unqualified opinion. He stated that the $16,000 will be booked as miscellaneous revenue and then the auditors can move ahead to reconcile the bank accounts.

DISCUSSION OF FISCAL YEAR 2004/2005 MUNICIPAL BUDGET

Mayor Walters reported that this item is on the agenda so that the Town Commission can give the Town


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Manager direction on how the budget should be prepared. Mayor Walters discussed that the previous Town Commission had implemented a utility tax and had the Town Engineer prepare a stormwater master plan study and it was determined that there was $3 million in needed stormwater drainage improvements. He advised that the previous Town Commission created a stormwater utility tax, but the Town used more than one-half of the money to hire an additional Public Works Maintenance person and grant money to get started on the projects, but the Town used the money to hire an additional Public Works Maintenance person and put them in the stormwater utility budget to clean out the storm drains. Mayor Walters suggested that the Town Commission have the Town Manager budget $250,000 in this next fiscal year, without raising taxes, by eliminating three (3) positions, Public Works Director, Police Grant Officer, and Finance Manager. Mayor Walters commented that this would be approximately $205,000 to be used as the Town’s dollar match for any possible grants we receive from the State or Federal Government. Mayor Walters commented that he believes the Town does not need to raise taxes and proposed that there be no increase in salaries this year, which will also help with the stormwater budget.

Town Manager Higginbotham reported that the Public Works Director will be retiring in July of this year. Vice Mayor Guglietta asked if the Fire Maintenance position is currently filled and that this position has a salary of $27,000 in the budget and asked the Town Manager if he has given any thought as to filling this position?

Town Manager Higginbotham stated that if the Town Commission wants $250,000 added to the budget, it needs to give him the opportunity to come back to the Town Commission and make a recommendation rather than making suggestions such as cutting positions because this will need to be looked at as to how it will affect the level of service provided. He advised that he may come up with another way to achieve this without cutting all of these positions and if the Town Commission wants to repair the stormwater drainage, there may be other ways such as reducing expenses in other areas of the budget. Town Manager Higginbotham responded that he may agree that the Town does not need a Finance Manager, but it may need an additional person in that department.

Commissioner Price commented that there is concern on the Commission with regard to putting emphases on stormwater runoff, salary structure, etc., but the Town Commission should give direction to the Town Manager regarding these and let him come back and give a recommendation on a budget.

Vice Mayor Guglietta commented that he would like to look at the step plan in regard to the automatic 5% salary increase and explained the different types of step plans he has worked with in the past. Vice Mayor Guglietta agreed that there should be no step raises this year. Vice Mayor Guglietta commented that some of the Town’s roads need to be resurfaced.

Commissioner Wilson commented that there are historical buildings that need to be addressed.

Vice Mayor Guglietta commented that last year there was $10,000 dedicated in the Public Works budget for the installation of sand fences and advised that this money be transferred from this line item and put into the Oak Street stormwater project for the pedway.

DISCUSSION OF PROPOSED HEIGHT ORDINANCE (COMMISSIONER WILSON)

Commissioner Wilson commented that he reviewed the Planning and Zoning Board minutes regarding the height ordinance and the Town Attorney’s amendments to the ordinance on Page 26, and, apparently the Planning and Zoning Board can issue a waiver for exceptions to the height and this wording needs to be amended in the ordinance. The Town Commission discussed conditions for granting exceptions to the height requirements.

The Town Commission noted that the latest draft heigh ordinance notes on the bottom of the page that it is the 2nd revision, dated June 8, 2004. The Town Commission noted that there has been a lot of input given regarding changes to this ordinance and there will be several amendments. Commissioner Wilson requested the second reading of the height ordinance be postponed until the July meeting.

There being no further business the workshop adjourned at 8:30 p.m.


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WednesdayJune 30, 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 7:00 p.m. on Wednesday, June 30, 2004 in the Community Center. Mayor Walters also led the Pledge of Allegiance


Others Present: Town Attorney GougelmanTown Manager Higginbotham27 members of the publicTown Clerk Masny

Mayor Walters presented Town Attorney Gougelman as the Florida “City Attorney of the Year”. Vice Mayor Guglietta thanked everyone for the cards and flowers he received while in Holmes Regional Hospital

I. CHANGES TO THE AGENDA. Vice Mayor Guglietta and Mayor Walters requested that Consent Agenda Items D. E. and F. be removed from the Consent Agenda for discussion. There were no objections from the Town Commission.

II. PRESENTATIONS BY SPECIAL GUESTS: STATE REPRESENTATIVE MITCH NEEDELMAN - LEGISLATIVE WRAP-UP. State Representative Mitch Needelman updated the Town Commission regarding this year’s Legislative Session in Tallahassee. Representative Needelman discussed the State budget items, population increase in the State, the Brevard County school budget, Constitutional Amendments regarding Pre-K school and healthcare. He also discussed legislation regarding city issues such as Article 5 for code enforcement and transportation issues and paint ball parks like the one in Palm Bay and the liability issues involved. Representative Needelman advised that a bill has been passed naming Highway 192 the Howard E. Futch Memorial Highway.

III. PROCLAMATIONS AND AWARDS: PRESENTATIONS OF CERTIFICATE OF COMPLETION TO COMMISSIONER DONNIE PRICE AND COMMISSIONER WILLIAM STACEY FOR ATTENDANCE AT THE 2004 ADVANCED INSTITUTE FOR ELECTED MUNICIPAL OFFICIALS.


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Mayor Walters presented Commissioner Price and Commissioner Stacey with a Certificate of Completion for attendance at the 2004 Advanced Institute for Elected Municipal Officials.

IV. NON-SCHEDULED CITIZEN COMMENTS Mike Fufidio, 205 Second Avenue address the Town Commission regarding his concern that the Town Manager did not hire the candidate the panel of 17 people selected for the Town’s Chief of Police. Town Manager Higginbotham addressed Mr. Fufidio regarding his selection of Chief of Police and advised that the decision of who to hire as Chief of Police was his.

Vice Mayor Guglietta requested a 5 minute break at 8:40 p.m. and the meeting was called back to order at 8:46 p.m.

Robert Gauthier, 410 Sunset Boulevard commented that he is a volunteer with the Melbourne Beach Fire Department and is appreciated by the Town for this, but when people start expecting volunteers services, such as filling the fire maintenance position while it is vacant, someone has crossed the line. Mr. Gauthier commented that this position has been vacant for over a year he has heard that there are thoughts of deleting the position from the budget. Mr. Gauthier expressed concern regarding volunteers continuing to fulfill the duties of the position and commented that he would like the position filled. Town Manager Higginbotham advised that he and the Fire Chief have discussed the budget and the volunteer fire department and no one has decided to eliminate this position.

V. APPROVAL OF MINUTES: MAY 5, 2004 SPECIAL MEETING, MAY 5, 2004WORKSHOP AND MAY 19, 2004 REGULAR MEETING. Mayor Walters requested that on Page 2, 7th paragraph of the May 5, 2004 workshop, it needs to be clarified that the agreement between the Town and Fire Department specifically states that any donations to the Town of Melbourne Beach be used by the Town of Melbourne Beach, not those given to the Melbourne Beach Volunteer Fire Department, Inc.

Mayor Walters asked that on Page 3, 1st paragraph of the May 19, 2004 regular meeting minutes that it reflect that he contacted the Department of Environmental Protection and was advised that DEP had advised another municipal entity that they were not going to fund grants for baffle boxes and Ms. Adams advised that they had not pre-screened the grants yet and this will be done in the future to see about this type of grant.

COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO APPROVETHE MINUTES OF MAY 5, 2004 SPECIAL MEETING, MAY 5, 2004 WORKSHOP AS AMENDED AND MAY 19, 2004 REGULAR MEETING AS AMENDED. VOTE: ALL AYES. MOTION CARRIED.

VI. REPORTS BY ANY TOWN BOARD OR COMMITTEE SUBMITTING A REPORT.

Dave Campbell, Chairman of the Planning and Zoning Board advised that the Board forwarded Ordinance 2004-02 to the Town Commission along, with some changes, which have been incorporated in the ordinance for first reading tonight, and the Board is recommending that the Town Commission approve the ordinance.

Donnie Price, Chairman of the Parks Board reported that Movies in the Park is ongoing and they canceled the June movie due to lightening being in the area. Town Manager Higginbotham reported that at the last Parks Board meeting, the Board reviewed a proposal from WFIT regarding the Music in the Park series and the Board has requested that WFIT minimize advertisement of these activities and WFIT withdrew their proposal.


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VII. CONSENT AGENDA: A. APPROVAL OF REQUEST BY CITY OF MELBOURNE TO CONTRIBUTE $100 TO THE 2004 COMMUNITY INDEPENDENCE DAY CELEBRATION.

B. APPROVAL OF AN AGREEMENT BETWEEN THE TOWN OF MELBOURNE BEACH AND STATE ATTORNEY’S OFFICE REGARDING THE PROSECUTION OF MUNICIPAL ORDINANCE VIOLATIONS.

C. APPROVAL OF PURCHASE OF A PATROL VEHICLE FOR THE POLICE DEPARTMENT.

COMMISSIONER STACEY MOVED, SECOND VICE MAYOR GUGLIETTA TO APPROVE CONSENT AGENDA ITEMS A.-C. VOTE: ALL AYES. MOTION CARRIED.

D. ACCEPTANCE OF PROPOSAL FROM MELBOURNE BEACH VOLUNTEER FIRE DEPARTMENT, INC. REGARDING THE LEASE/PURCHASE OF A MINI PUMPER THROUGH LEASING 2.

Chief Hunter explained that the lease has been approved and this agenda item is for the Town to approve an agreement between the Melbourne Beach Volunteer Fire Department, Inc. and the Town because the Corporation is going to give the Town the money to pay for the vehicle, the lease will still be through Leasing 2, using the same contract. Chief Hunter stated that the leasing rates have gone up from the rates received on the purchase of the Class A Pumper.

COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO APPROVE A PROPOSAL FROM THE MELBOURNE BEACH VOLUNTEER FIRE DEPARTMENT, INC. REGARDING THE LEASE/PURCHASE OF A MINI PUMPER THROUGH LEASING 2. VOTE: ALL AYES. MOTION CARRIED.

E. APPROVAL OF REQUEST BY MELBOURNE BEACH VOLUNTEER FIRE DEPARTMENT FOR THE EXPENDITURE OF FUNDS FROM THE 800 MHZ FUND TO PURCHASE RADIOS THROUGH COMMUNICATIONS INTERNATIONAL, INC. IN THE AMOUNT OF $4,691.15.

Mayor Walters advised that this funding comes from the 800 MGZ funds that the Town receives from citations and with every citation issued, $10 of the fine comes back to the Town to be specifically used for communications such as radios and dispatching. Mayor Walters advised that last year, the fund had $100,000 in it and the Police Department used some of these funds for new digital radios for the patrol cars. Chief Hunter advised that these radios are for the new pumper, which the Town will be taking delivery on this coming Tuesday.

COMMISSIONER PRICE MOVED, SECOND VICE MAYOR GUGLIETTA TO APPROVE THE REQUEST BY MELBOURNE BEACH VOLUNTEER FIRE DEPARTMENT FOR THE EXPENDITURE OF FUNDS FROM THE 800 MHZ FUND TO PURCHASE RADIOS THROUGH COMMUNICATIONS INTERNATIONAL, INC. IN THE AMOUNT OF $4,691.15. VOTE: ALL AYES. MOTION CARRIED.

F. APPROVAL OF PAYMENT OF CHANGE ORDER #13 REGARDING THE SECURITY SYSTEM FOR THE MUNICIPAL COMPLEX.

Vice Mayor Guglietta advised that this change order was dated September 23, 2003 and asked why this was not presented to the previous Town Commission for approval? Town Manager Higginbotham responded that he cannot say why this was not done last September, but it was brought up during a


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walk-through inspection of the municipal complex. He advised that all others present at the walk through were familiar with the change order.

COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO APPROVE CHANGE ORDER #13 IN THE AMOUNT OF $4,400.69 REGARDING THE SECURITY SYSTEM FOR THE MUNICIPAL COMPLEX. VOTE: ALL AYES. MOTION CARRIED.

VIII. OLD BUSINESS: APPOINTMENTS TO THE PLANNING AND ZONING BOARD. (TABLED MAY 19, 2004)

COMMISSIONER STACEY MOVED, SECOND COMMISSIONER WILSON TO REMOVE THIS ITEM FROM THE TABLE FOR ACTION. VOTE: ALL AYES. MOTION CARRIED.

COMMISSIONER PRICE MOVED THAT SHERRI QUARRIE BE REAPPOINTED TO THE PLANNING AND ZONING BOARD. THE MOTION DIES FOR LACK OF A SECOND.

COMMISSIONER STACEY MOVED, SECOND COMMISSIONER WILSON APPOINT ALTERNATE MEMBER #1 COLLIN CAMPBELL AND ALTERNATE #2 MEMBER MIKE KING AS REGULAR MEMBERS ON THE PLANNING AND ZONING BOARD. VOTE: ALL AYES. MOTION CARRIED.

Commissioner Stacey advised that he would like to see Mike West as a regular member on the Planning and Zoning Board and alternate members to be Gail Gowdy and Charles Tennant. Mayor Walters advised that he would like Gail Gowdy as a regular member on the board. Commissioner Price stated that we tabled this agenda item and went to community and asked the community for interest in serving on these boards. He advised that he raised this issue before because there was a motion at the last meeting to appoint the same person on the Planning and Zoning Board and the Board of Adjustment, and these boards work closely in terms of what they do. Mayor Walters stated that one of the issues he campaigned on was making sure that our height would never go over 28 foot again and that the Planning and Zoning Board will work together to insure this and Ms. Gowdy goes to all meetings and is versed in the Town Code. Commissioner Wilson stated that Mike West has made a sacrifice for the 28 foot height limit and should be a regular member. Vice Mayor Guglietta agreed that he would like to see Mike West as a regular member with Dr. Frank Cariou and Gail Gowdy as alternate members.

COMMISSIONER STACEY MOVED, SECOND COMMISSIONER WILSON TO APPOINT MIKE WEST AS A REGULAR MEMBER TO THE PLANNING AND ZONING BOARD WITH A TERM JUNE 30, 2004 THROUGH JUNE 30, 2007. VOTE: COMMISSIONER STACEY, AYE. COMMISSIONER WILSON, AYE. COMMISSIONER GUGLIETTA, AYE. COMMISSIONER PRICE, NAY. MAYOR WALTERS, NAY. MOTION CARRIED.

VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER PRICE THAT DR. CARIOU BE APPOINTED TO THE PLANNING AND ZONING BOARD IN THE ALTERNATE #1 POSITION. VOTE: VICE MAYOR GUGLIETTA, AYE. COMMISSIONER PRICE, AYE. COMMISSIONER STACEY, NAY. COMMISSIONER WILSON, NAY. MAYOR WALTERS, NAY. MOTION DEFEATED.

Mayor Walters opened the meeting for public comment regarding these appointments and John Gurecki, Tom Youngblood and Gail Gowdy introduced themselves and advised how many years they have lived in Melbourne Beach and why they would like to serve on the board.


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COMMISSIONER PRICE MOVED, SECOND MAYOR WALTERS TO APPOINT TOM YOUNGBLOOD TO THE PLANNING AND ZONING BOARD IN THE ALTERNATE #1 POSITION WITH A TERM JUNE 30, 2004 THROUGH JUNE 30, 2007. VOTE: COMMISSIONER PRICE, AYE. VICE MAYOR GUGLIETTA, AYE. MAYOR WALTERS, AYE. COMMISSIONER WILSON, NAY. COMMISSIONER STACEY, NAY. MOTION CARRIED.

Mayor Walters passed the gavel to Vice Mayor Guglietta to make a motion. MAYOR WALTERS MOVED, SECOND COMMISSIONER STACEY TO APPOINT GAIL GOWDY TO THE PLANNING AND ZONING BOARD IN THE ALTERNATE #2 POSITION WITH A TERM JUNE 30, 2004 THROUGH JUNE 30, 2007. VOTE: COMMISSIONER STACEY, AYE. COMMISSIONER WILSON, AYE. VICE MAYOR GUGLIETTA, AYE. MAYOR WALTERS, AYE. COMMISSIONER PRICE, NAY. MOTION CARRIED.

IX. NEW BUSINESS: A. DESIGNATION OF A VOTING DELEGATE AT THE ANNUAL CONFERENCE OF THE FLORIDA LEAGUE OF CITIES.

COMMISSIONER STACEY MOVED, SECOND COMMISSIONER WILSON THAT THE TOWN COMMISSION DESIGNATE COMMISSIONER PRICE AS THE VOTING DELEGATE AT THE ANNUAL CONFERENCE OF THE FLORIDA LEAGUE OF CITIES. VOTE: ALL AYES. MOTION CARRIED.

B. DISCUSSION AND POSSIBLE ACTION REGARDING VOLUNTEER APPOINTMENTS TO THE VARIOUS TOWN BOARDS.

Mayor Walters asked those in attendance who applied to be appointed to a Town Board to come forward and introduce themselves. Ken Beckman, 208 Riverside Drive introduced himself and advised that he was the Melbourne Beach volunteer fire surgeon from 1966 through 1999 and that he would like to volunteer his time.

VICE MAYOR GUGLIETTA MOVED, SECOND MAYOR WALTERS TO APPOINT DOCTOR BECKMAN TO THE CODE ENFORCEMENT BOARD IN THE ALTERNATE #1 POSITION WITH A TERM JUNE 30, 2004 THROUGH MAY 14, 2006. VOTE: ALL AYES. MOTION CARRIED.

COMMISSIONER WILSON MOVED, SECOND VICE MAYOR GUGLIETTA THAT FRANK CARIOU BE APPOINTED TO THE CODE ENFORCEMENT BOARD IN THE ALTERNATE #2 POSITION WITH A TERM JUNE 30, 2004 THROUGH FEBRUARY 20, 2005. VOTE: ALL AYES. MOTION CARRIED.

COMMISSIONER WILSON MOVED, SECOND COMMISSIONER PRICE TO APPOINT SCOTT HEBER TO THE ENVIRONMENTAL ADVISORY BOARD IN THE ALTERNATE #1 POSITION WITH A TERM JUNE 30, 2004 THROUGH JUNE 30, 2006. VOTE: ALL AYES. MOTION CARRIED.

VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER PRICE TO APPOINT DORA DOBRIN TO THE ENVIRONMENTAL ADVISORY BOARD IN THE ALTERNATE #2 POSITION WITH A TERM JUNE 30, 2004 THROUGH JUNE 30, 2006. VOTE: ALL AYES. MOTION CARRIED.


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COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO APPOINT RYAN BONNER TO THE WILLIAMS BUILDING AD HOC COMMITTEE WITH A TERM JUNE 30, 2004 THROUGH JUNE 30, 2005. VOTE: ALL AYES. MOTION CARRIED.

COMMISSIONER PRICE MOVED, SECOND VICE MAYOR GUGLIETTA TO APPOINT LINDA RYDSON, D.X ROSS, DORA DOBRIN AND JOHN GURECKI TO THE HISTORY PRESERVATION AND ADVISORY BOARD WITH A TERM JUNE 30, 2004 THROUGH JUNE 30, 2005. VOTE: ALL AYES. MOTION CARRIED.

COMMISSIONER STACEY MOVED, SECOND VICE MAYOR GUGLIETTA TO APPROVE THE APPOINTMENT OF JAMES MAGUIRE TO THE POLICE PENSION FUND BOARD OF TRUSTEES WITH A TERM MARCH 2, 2004 THROUGH MARCH 2, 2006. VOTE: ALL AYES. MOTION CARRIED.

Commissioner Stacey advised that the Town received a notice from the Florida League of Cities requesting an appointment to the Florida League of Cities Trust Fund and advised that it is important that this be done.

COMMISSIONER STACEY MOVED, SECOND COMMISSIONER PRICE THAT VICE MAYOR GUGLIETTA BE APPOINTED TO THE FLORIDA LEAGUE OF CITIES TRUST FUND. VOTE: ALL AYES. MOTION CARRIED.

C. CONSIDERATION OF REAPPOINTMENT OF ROBERT SCHAEFER TO THEBOARD OF ADJUSTMENT WITH A TERM JUNE 30, 2004 THROUGH JUNE 30, 2007.

VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER PRICE TO REAPPOINT ROBERT SCHAEFER TO THE BOARD OF ADJUSTMENT WITH A TERM JUNE 30, 2004 THROUGH JUNE 30, 2007. VOTE: ALL AYES. MOTION CARRIED.

X. PUBLIC HEARING: A. ORDINANCE 2004-02: AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO ZONING; MAKING FINDINGS; AMENDING SECTIONS 1A-3, 7A-152(b), 7A-154, 7A-155, 7A-157, 7A-170 AND 7A-171, APPENDIX A, AND SECTION 11-1, TOWN CODE; REVISING DEFINITIONS; PROVIDING FOR A NEW PLANNING AND ZONING DEPARTMENT; PROVIDING THAT THE ZONING OFFICIAL SHALL ADMINISTER, INTERPRET AND ENFORCE LAND DEVELOPMENT CODE CHAPTERS 1A, 2A, 6A, 7A AND 8A, APPENDIX A, TOWN CODE (GENERAL CODE PROVISIONS, COMPREHENSIVE PLANNING, SUBDIVISIONS, ZONING AND TAKINGS, VESTED RIGHTS, AND DUE PROCESS); REMOVING SAID POWERS FROM THE BUILDING OFFICIAL; PROVIDING FOR REVIEW OF THE ZONING OFFICIAL'S DETERMINATIONS BY THE BOARD OF ADJUSTMENT AND PROVIDING A REVIEW PROCEDURE; REVISING PROCEDURES FOR REHEARING OF DECISIONS BY THE BOARD OF ADJUSTMENT; PROVIDING FOR A ZONING OFFICIAL; SPECIFYING THE DUTIES OF THE ZONING OFFICIAL AND REVISING THE DUTIES OF THE BUILDING OFFICIAL; 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 2004-02 by title and advised that the Planning and Zoning Board held a public hearing regarding this ordinance and have recommended approval and found it consistent with the Comprehensive Plan. Mayor Walters stated that this ordinance gives the zoning duties to another employee other than the Building Official.


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COMMISSIONER WILSON MOVED, SECOND COMMISSIONER PRICE TO APPROVE ORDINANCE 2004-02 ON FIRST READING. AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO ZONING; MAKING FINDINGS; AMENDING SECTIONS 1A-3, 7A-152(b), 7A-154, 7A-155, 7A-157, 7A-170 AND 7A-171, APPENDIX A, AND SECTION 11-1, TOWN CODE; REVISING DEFINITIONS; PROVIDING FOR A NEW PLANNING AND ZONING DEPARTMENT; PROVIDING THAT THE ZONING OFFICIAL SHALL ADMINISTER, INTERPRET AND ENFORCE LAND DEVELOPMENT CODE CHAPTERS 1A, 2A, 6A, 7A AND 8A, APPENDIX A, TOWN CODE (GENERAL CODE PROVISIONS, COMPREHENSIVE PLANNING, SUBDIVISIONS, ZONING AND TAKINGS, VESTED RIGHTS, AND DUE PROCESS); REMOVING SAID POWERS FROM THE BUILDING OFFICIAL; PROVIDING FOR REVIEW OF THE ZONING OFFICIAL'S DETERMINATIONS BY THE BOARD OF ADJUSTMENT AND PROVIDING A REVIEW PROCEDURE; REVISING PROCEDURES FOR REHEARING OF DECISIONS BY THE BOARD OF ADJUSTMENT; PROVIDING FOR A ZONING OFFICIAL; SPECIFYING THE DUTIES OF THE ZONING OFFICIAL AND REVISING THE DUTIES OF THE BUILDING OFFICIAL; PROVIDING FOR SEVERABILITY/INTERPRETATION; PROVIDING FOR REPEAL OF ORDINANCES AND RESOLUTIONS INCONSISTENT HEREWITH; AND PROVIDING AN EFFECTIVE DATEVOTE AFTER DISCUSSION: VOTE: ALL AYES. MOTION CARRIED.

Mayor Walters opened the public hearing for comments.

Gail Gowdy, 215 Ash Avenue asked for clarification regarding appeals and rehearings, the time limit and who can request these. Town Attorney Gougelman explained this as on Pages 10 and 11 of the ordinance and advised that this follows State law.

Jason Steele, 701 Pine Street asked who makes the decision if a case will be reheard and the words, “if at all” in the ordinance is a problem. Town Attorney Gougelman explained the wording, “if at all” is in the ordinance because under court rules of procedure, the Board of Adjustment loses it jurisdiction to conduct anything further with the variance after the expiration of the 30 days from the rendition of the final order.

Ann Downing, 801 Pine Street asked if the Town was adding a new position of Zoning Official? Ms. Downing was advised that Ed Washburn is the Town Planner and he will also be the Zoning Official.

Sherri Quarrie, 701 Pine Street commented that on Page 6, the Town Planner being the zoning official is not spelled out in this ordinance at all and there should be qualifications put in the ordinance for this position. Ms. Quarrie stated that the ordinance represents a Zoning Official as a completely new employee.

Commissioner Wilson asked on Page 3, what concurrency means regarding this ordinance? Town Attorney Gougelman advised that concurrency is a requirement of State law and it requires that as new development occurs, certain public services and infrastructure have to be available to serve the impacts of the new development. He explained that usually they look at such things as parks, roads, water, sewer, solid waste and drainage. Town Attorney Gougelman stated that Town Code Chapter 3A is reserved for this, but the Town has not elected to have these procedures as of yet. Commissioner Wilson verified that on Page 12, the Code Inspector would be the Code Enforcement Officer.

Mayor Walters called for a break at 9:16 p.m. and called the meeting back to order at 9:24 p.m.

B. ORDINANCE 2004-03: AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD C OUNTY, FLORIDA RELATING TO THE MUNICIPAL JUDICIAL SYSTEM; MAKING FINDINGS; PROVIDING FOR THE REFERENDUM ELECTION AND BALLOT LANGUAGE; DELETING SECTIONS 4.01, 4.02, 4.03,4.04, 4.05, 4.06 AND 4.07, TOWN CHARTER; SETTING FORTH A TOWN CHARTER AMENDMENT TO DELETE PROVISION RELATING TO OPERATION OF A MUNICIPAL COURT


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SYSTEM WHICH ARE OBSOLETE; DELETING PROVISION FOR A MUNICIPAL COURT SYSTEM, PARTICIPATION IN COUNTY COURT, DESIGNATION OF A COURT CLERK, ISSUANCE OF WARRANTS, ARREST WITHOUT WARRANTS, DUTIES OF POLICE OFFICERS, AND DISPOSITION OF MONIES COLLECTED; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)

Vice Mayor Guglietta stated that he was asked by the Town Commission to meet with Town Attorney Gougelman regarding 2004-03, 2004-06, 2004-07 and 2004-08 and he came back with recommendations to clarify the ordinances, which included deletions, changes and clarification of some of the language. Vice Mayor Guglietta stated that these following ordinances and will go on the November 2, 2004 ballot regarding changes to the Town Charter. Town Attorney Gougelman read Ordinance 2004-03 by title.

Mayor Walters opened the public hearing for comments. There were no public comments.

COMMISSIONER WILSON MOVED, SECOND VICE MAYOR GUGLIETTA TO APPROVE ORDINANCE 2004-03 ON FIRST READING. AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO THE MUNICIPAL JUDICIAL SYSTEM; MAKING FINDINGS; PROVIDING FOR THE REFERENDUM ELECTION AND BALLOT LANGUAGE; DELETING SECTIONS 4.01, 4.02, 4.03,4.04, 4.05, 4.06 AND 4.07, TOWN CHARTER; SETTING FORTH A TOWN CHARTER AMENDMENT TO DELETE PROVISION RELATING TO OPERATION OF A MUNICIPAL COURT SYSTEM WHICH ARE OBSOLETE; DELETING PROVISION FOR A MUNICIPAL COURT SYSTEM, PARTICIPATION IN COUNTY COURT, DESIGNATION OF A COURT CLERK, ISSUANCE OF WARRANTS, ARREST WITHOUT WARRANTS, DUTIES OF POLICE OFFICERS, AND DISPOSITION OF MONIES COLLECTED; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. VOTE: ALL AYES. MOTION CARRIED.

C. ORDINANCE 2004-04: AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO THE MUNICIPAL JUDICIAL SYSTEM; MAKING FINDINGS; PROVIDING FOR THE REFERENDUM ELECTION AND BALLOT LANGUAGE; AMENDING SECTIONS 2.06, 2.12 AND 2.17, TOWN CHARTER; SETTING FORTH A TOWN CHARTER AMENDMENT CLARIFYING THAT THE SALARY OF INDIVIDUAL COMMISSIONERS, AS OPPOSED TO THE TOWN COMMISSION, SHALL BE NO MORE THAN 1% OF THE TOWN BUDGET; DELETING THE PROVISION THAT COMMISSIONERS CAN BE COMPELLED BY OTHER COMMISSIONERS TO ATTEND COMMISSION MEETINGS; AND REPEALING THE PROVISION THAT THE COMMISSION MAY REMOVE A COMMISSIONER FROM OFFICE FOR FAILING TO ATTEND A MAJORITY OF THE COMMISSION MEETINGS IN ANY CALANDAR QUARTER WITHOUT GOOD REASON; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)

Town Attorney read ordinance 2004-04 by title. Mayor Walters opened the public hearing for comments.

Sherri Quarrie, 701 Pine Street commented that this revision gives the Commission the ability to not show up for work and it looks like each Commissioner will receive a salary of up to 1% of the budget. Ms. Quarrie asked why the Town Commission is addressing compensation at all because she feels this ordinance is allowing Town Commission members not to attend meetings and it is okay to have salary increases individually. Ms. Quarrie commented that the Town Attorney may need to add the word, “collectively” regarding the Town Commission salaries.

Town Attorney Gougelman explained that if Commission members elect to not show up at meetings,


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the voters have the option of recalling them or to not reelect them. Town Attorney Gougelman stated that Section 2.06 is a clarifying amendment to make it clear that the salary of individual Commission members will be established by ordinance of the Commission and shall be no greater than 1% of the annual budget.

Commissioner Stacey commented that the way he reads this ordinance, the 1% of the budget means 1% for each Commissioner, not the Commission as a whole and this needs to be clarified.

Vice Mayor Guglietta commented that our combined salaries are currently less than 1% and by putting individually no any one Commissioner will receive more than 1%.

The Town Commission asked to clarify the wording to make the 1% salary collectively, not individually.

COMMISSIONER STACEY MOVED, SECOND COMMISSIONER WILSON TO APPROVE ON FIRST READING, WITH AN AMENDMENT TO CLARIFY THE SALARY AS NOT TO EXCEED 1% OF THE BUDGET FOR THE ENTIRE COMMISSION AND NOT INDIVIDUAL COMMISSION MEMBERS, ORDINANCE 2004-04, AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO THE MUNICIPAL JUDICIAL SYSTEM; MAKING FINDINGS; PROVIDING FOR THE REFERENDUM ELECTION AND BALLOT LANGUAGE; AMENDING SECTIONS 2.06, 2.12 AND 2.17, TOWN CHARTER; SETTING FORTH A TOWN CHARTER AMENDMENT CLARIFYING THAT THE SALARY OF INDIVIDUAL COMMISSIONERS, AS OPPOSED TO THE TOWN COMMISSION, SHALL BE NO MORE THAN 1% OF THE TOWN BUDGET; DELETING THE PROVISION THAT COMMISSIONERS CAN BE COMPELLED BY OTHER COMMISSIONERS TO ATTEND COMMISSION MEETINGS; AND REPEALING THE PROVISION THAT THE COMMISSION MAY REMOVE A COMMISSIONER FROM OFFICE FOR FAILING TO ATTEND A MAJORITY OF THE COMMISSION MEETINGS IN ANY CALENDAR QUARTER WITHOUT GOOD REASON; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.VOTE: ALL AYES. MOTION CARRIED.

COMMISSIONER STACEY MOVED, SECOND COMMISSIONER WILSON TO EXTEND THE MEETING UNTIL 10:30 P.M. VOTE: ALL AYES. MOTION CARRIED.

D. ORDINANCE 2004-05: AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO FINANCIAL PROCEDURES; MAKING FINDINGS; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE; REPEALING SECTION 8.03, TOWN CHARTER; AMENDING SECTION 8.09, TOWN CHARTER; REPEALING A PROVISION PROVIDING WHEN AND HOW PUBLIC HEARINGS WILL BE HELD ON THE BUDGET; AMENDING SECTION 8.09, TOWN CHARTER, AS TO WHO SIGNS TOWN CHECKS; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)

Town Attorney Gougelman read Ordinance 2004-05 by title and stated that Section 200.065, Florida Statues provides how municipalities are to adopt their budgets and there is a rule of statutory interpretation that says when the State Legislature has provided how things will be done, any ordinance or Charter provision of a municipality is void and must yield to that provision.

Vice Mayor Guglietta stated that the Charter requires that two (2) Commissioners and the Town Manager sign the checks and it could mean that all three people will be required to sign a check, currently there are two (2) signature lines.

Sherri Quarrie, 701 Pine Street commented that she is concerned about the ordinance deleting Section


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8.03 and suggested referencing the Florida Statutes here rather than deleting it.

COMMISSIONER STACEY MOVED, SECOND VICE MAYOR GUGLIETTA TO APPROVE ON FIRST READING, ORDINANCE 2004-05 AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO FINANCIAL PROCEDURES; MAKING FINDINGS; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE; REPEALING SECTION 8.03, TOWN CHARTER; AMENDING SECTION 8.09, TOWN CHARTER; REPEALING A PROVISION PROVIDING WHEN AND HOW PUBLIC HEARINGS WILL BE HELD ON THE BUDGET; AMENDING SECTION 8.09, TOWN CHARTER, AS TO WHO SIGNS TOWN CHECKS; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. VOTE: ALL AYES. MOTION CARRIED.

E. ORDINANCE 2004-06: AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO THE TOWN COMMISSION; MAKING FINDINGS; PROVIDING FOR A REVERENDUM ELECTION AND BALLOT LANGUAGE; AMENDING SECTIONS 2.08 AND 2.11 AND REPEALING SECTION 2.10, TOWN CHARTER; SETTING FORTH A TOWN CHARTER AMENDMENT REPEALING THE PROVISION REQUIRING THE ASSIGNMENT OF COMMISSION RESPONSIBILITIES AFTER AN ELECTION; CLARIFYING THAT A VICE MAYOR SUCCEEDING TO THE OFFICE OF MAYOR DUE TO A VACANCY IN THAT OFFICE DOES SO TEMPORARILY AND RETURNS TO HIS POSITION AS A COMMISSIONER UPON ELECTION OF THE NEW MAYOR; AND BY PROVIDING THAT ONE, AS OPPOSED TO TWO, COMMISSIONERS MAY CALL A SPECIAL MEETING; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)

Town Attorney Gougelman read Ordinance 2004-06 by title.

Mayor Walters opened the public hearing to public comment. There were no comments.

COMMISSIONER STACEY MOVED, SECOND VICE MAYOR GUGLIETTA TO APPROVE ORDINANCE 2004-06 ON FIRST READING AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO THE TOWN COMMISSION; MAKING FINDINGS; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE; AMENDING SECTIONS 2.08 AND 2.11 AND REPEALING SECTION 2.10, TOWN CHARTER; SETTING FORTH A TOWN CHARTER AMENDMENT REPEALING THE PROVISION REQUIRING THE ASSIGNMENT OF COMMISSION RESPONSIBILITIES AFTER AN ELECTION; CLARIFYING THAT A VICE MAYOR SUCCEEDING TO THE OFFICE OF MAYOR DUE TO A VACANCY IN THAT OFFICE DOES SO TEMPORARILY AND RETURNS TO HIS POSITION AS A COMMISSIONER UPON ELECTION OF THE NEW MAYOR; AND BY PROVIDING THAT ONE, AS OPPOSED TO TWO, COMMISSIONERS MAY CALL A SPECIAL MEETING; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. VOTE: ALL AYES. MOTION CARRIED.

F. ORDINANCE 2004-07: AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO ETHCIS OF TOWN OFFICERS AND EMPLOYEES; MAKING FINDINGS; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE; AMENDING SECTION 3.11, TOWN CHARTER TO PROVIDE THAT A TOWN COMMISSIONER MAY BE CENSURED BY THE TOWN COMMISSION IF FOUND GUILTY BY THE FLORIDA ELECTIONS COMMISSION OF VIOLATING THE FLORIDA ELECTION CODE OR IMPLEMENTING RULES, OR IF FOUND GUILTY BY THE FLORIDA COMMISSION ON ETHICS OF VIOLATING THE CODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES OR IMPLEMENTING RULES; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)


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Town Attorney Gougelman read Ordinance 2004-07 by title. Mayor Walters opened the public hearing to public comments. There were no comments.

Vice Mayor Guglietta stated that this ordinance revision will add a paragraph (i.) which will allow the Town Commission to censure any Town Commission member who violates the law.

Commissioner Price asked what the practical effect is of the Town Commission censuring one of its members? Town Attorney Gougelman responded it is basically a public statement. Commissioner Price responded that it would be similar to a slap on the wrist.

COMMISSIONER STACEY MOVED, SECOND COMMISSIONER WILSON TO APPROVE ON FIRST READING ORDINANCE 2004-07 AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO ETHICS OF TOWN OFFICERS AND EMPLOYEES; MAKING FINDINGS; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE; AMENDING SECTION 3.11, TOWN CHARTER TO PROVIDE THAT A TOWN COMMISSIONER MAY BE CENSURED BY THE TOWN COMMISSION IF FOUND GUILTY BY THE FLORIDA ELECTIONS COMMISSION OF VIOLATING THE FLORIDA ELECTION CODE OR IMPLEMENTING RULES, OR IF FOUND GUILTY BY THE FLORIDA COMMISSION ON ETHICS OF VIOLATING THE CODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES OR IMPLEMENTING RULES; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. VOTE: ALL AYES. MOTION CARRIED.

G. ORDINANCE 2004-08: AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO TERMS OF TOWN COMMISSIONERS; MAKING FINDINGS; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE; AMENDING SECTION 2.03, TOWN CHARTER, TO PROVIDE THAT NO INDIVIDUAL SHALL SERVE MORE THAN TWO (2) CONSECUTIVE THREE (3) YEAR TERMS AS A TOWN COMMISISONER OR TWO (2) CONSECUTIVE THREE (3) YEAR TERMS AS MAYOR; PROVIDING EXCEPTIONS; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)

Town Attorney Gougelman read Ordinance 2004-08 by title. Mayor Walters opened the public hearing to public comment.

Ann Downing, 801 Pine Street commented that it is her understanding that the ordinances need to be read two (2) times and then they go to the voters. The Town Commission advised that this is correct.

Commissioner Guglietta asked that if he runs for the Mayor seat and gets that seat, can he keep running for Mayor, then Commissioner, then Mayor, then Commissioner? Town Attorney Gougelman stated that he gets two (2) terms as Commissioner and two (2) terms as Mayor. Mayor Walters stated that he could run twice for Commissioner and win and then run for Mayor and win and then he could run for Commissioner again.

Commissioner Price commented that he does not believe that term limits is a good idea because he believes that the electorate have the right to keep electing who they want in

COMMISSIONER STACEY MOVED, SECOND COMMISSIONER WILSON TO APPROVE ON FIRST READING ORDINANCE 2004-08, AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO TERMS OF TOWN COMMISSIONERS; MAKING FINDINGS; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE; AMENDING SECTION 2.03, TOWN CHARTER, TO PROVIDE THAT NO INDIVIDUAL SHALL SERVE MORE THAN TWO (2) CONSECUTIVE THREE (3) YEAR


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TERMS AS A TOWN COMMISSIONER OR TWO (2) CONSECUTIVE THREE (3) YEAR TERMS AS MAYOR; PROVIDING EXCEPTIONS; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. VOTE: COMMISSIONER STACEY, AYE. COMMISSIONER WILSON, AYE. VICE MAYOR GUGLIETTA, AYE. MAYOR WALTERS, AYE. COMMISSIONER PRICE, NAY. MOTION CARRIED.

H. RESOLUTION NO. 735: A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AMENDING SECTION 5. OF RESOLUTION NO. 709 WHICH SETS FORTH THOSE ORGANIZATIONS THE TOWN COMMISSION HAS CATEGORIZED AS EXEMPT FROM PAYING AN HOURLY FEE AND DAMAGE DEPOSIT FOR USE AND RENTAL OF THE MELBOURNE BEACH COMMUNITY CENTER AND PAVILION IN RYCKMAN PARK; PROVIDING AN EFFECTIVE DATE.

Town Attorney Gougelman read Resolution No. 735 by title. Mayor Walters opened the public hearing to public comment. There were no comments.

COMMISSIONER STACEY MOVED, SECOND COMMISSIONER WILSON TO ADOPT RESOLUTION NO. 735 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AMENDING SECTION 5. OF RESOLUTION NO. 709 WHICH SETS FORTH THOSE ORGANIZATIONS THE TOWN COMMISSION HAS CATEGORIZED AS EXEMPT FROM PAYING AN HOURLY FEE AND DAMAGE DEPOSIT FOR USE AND RENTAL OF THE MELBOURNE BEACH COMMUNITY CENTER AND PAVILION IN RYCKMAN PARK; PROVIDING AN EFFECTIVE DATE. VOTE: ALL AYES. MOTION CARRIED.

XI. REPORTS: A. TOWN ATTORNEY

There was no Town Attorney report.

B. TOWN MANAGER

Town Manager Higginbotham reported that the Public Works Director will be retiring on July 30th and the new Police Chief, David Syrkus began working with the Town on June 14, 2004.

The Building Official resigned effective June 11, 2004 and the Building Official from the Town of Indialantic is filling in at the present time.

Town Manager Higginbotham reported that we are in the process of updating and replacing the old photographs on the website. He reported that the impact on the Town if the Homestead exemption is changed from $25,000 to $50,000 would result in a revenue loss of $129,000 and the Debt Service Fund revenue loss would be about $10,000. Town Manager Higginbotham reported that he looked into the janitorial service providing cleaning service for the public rest rooms and advised that he will need to put out a request for proposals to include public restrooms. He reported that the maintenance of the grass strip of the right-of-way at Sunset Boulevard and Oak Street is now being maintained by the Public Works Department when Bicentennial Park is mowed. Town Manager Higginbotham reported that the Friendly Toast has permit for a walk-in freezer. He reported that he met with the president of the Melbourne Beach Volunteer Fire Department, Inc. to review the agreement and the next step will be to get with the Town Attorney to draft a new agreement, based on the concerns expressed by all parties. Town Manager Higginbotham reported that he has requested a proposal to replace the community bulletin board and the style will be consistent with the oval signs on the new facility and suggested that it be constructed in the small grassy area between the sidewalk and parking area in front of the Fire Department. Town Manager Higginbotham reported there has


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been an interest in getting a left-turn stacking lane at traffic signal and the County is preparing drawings and approval from the Florida Department of Transportation to use 11 foot lanes and they are working on cost estimates for re-stripping within 60 days. He reported that the new Building Official has suggested code requirements for the permitting and construction of boat docks and requested to work with the Town Attorney to establish these. The Town Commission requested that he move forward. Town Manager Higginbotham reported that he is requesting photo identification for elected officials, employees and volunteer fire department members. He reported that benches have been added on the pier and there are signs posted to use the cleaning stations for cutting bait, etc. He also reported that the pedway construction will begin next Tuesday and is estimated to take 120 days to complete and that the project will begin at the south end of Oak Street.

COMMISSIONER STACEY MOVED, SECOND VICE MAYOR GUGLIETTA TO EXTEND THE MEETING UNTIL 10:50 P.M. VOTE: ALL AYES. MOTION CARRIED.

C. TOWN COMMISSION

Vice Mayor Guglietta thanked Town Manager Higginbotham for taking action regarding the pier situations and that he notice the Town lost Officer Ferguson for unsatisfactory completing his probation.

Commissioner Price complimented Town Manager Higginbotham for correcting a number of issues that have been hanging on for months and that he is very pleased.

Commissioner Stacey complimented Town Manager Higginbotham on his responses to the Town Commissioner’s concerns. He referred to an unsigned complaint received regarding a boat on Fifth Avenue parked in the yard. Town Manager Higginbotham responded that the boat is at 406 Fifth Avenue and is behind the front building line and not a violation of the Town Code.

Commissioner Wilson thanked Town Manager Higginbotham for moving forward so quickly on requests of the Town Commission. Commissioner Wilson stated that there are areas of draft ordinances that get changed and asked Town Attorney Gougelman to contact the Town Manager regarding conversations he has with others regarding requests for changes to the height and building official ordinance. Commissioner Wilson commented that the kiosk at the pier could be used by the new historic board.

Mayor Walters complimented the Town Manager on his selection of a new Chief of Police and that he handled the process well by going to the individuals and interviewing the applicants and appreciated the fact that the Town Commission was the first to know his selection. Mayor Walters stated that Chief Syrkus had already addressed the complaints regarding speeding on Oak Street. The Police Chief had a radar trailer put on the side of the road and an unused patrol car sitting in the Republic Bank parking lot to help slow people down. Mayor Walters reported that Chief Syrkus saved the Town almost $6,000 on the price of a new patrol car. Mayor Walters reported that he spent the afternoon at the Sebastian Inlet Tax District and they are probably the most unappreciated volunteer board in the entire county and they are doing a wonderful job and the members really care about what they are doing. Mayor Walters reported that he and Vice Mayor Guglietta attended a one-day seminar about how to select Town Board members. Mayor Walters asked Town Manager Higginbotham to update the Town Commission regarding the Boomerang grant. Town Manager Higginbotham reported that the appraisals are not done yet, but, we have the confidentiality agreements signed, and once the appraisals are done, the Town will get the “boiler plate” management plan and have 90 days to complete this. Mayor Walters stated that there was a complaint regarding a church next to the Chevron Station and Town Manager Higginbotham responded that certified mail was sent, but has not been accepted and we are waiting for the certified mail to return to Town Hall


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and then we will have the Police Department deliver the documents. There is a church there and the Town will go through the process regarding this violation. Mayor Walters reported that Fire Department’s sign is in the right-of-way and it needs to be moved. Town Manager Higginbotham reported that he is getting a quote for a new sign for the Fire Department and it will be placed in the proper location. Mayor Walters complimented the Town on the last newsletter that was sent out to the residents. Mayor Walters reported that he and Commissioner Price attended the Space Coast League of Cities dinner and met the Brevard Legislative Delegation.


There was no general Commission discussion.

XII. ADJOURNMENTCOMMISSIONER STACEY MOVED, SECOND COMMISSIONER PRICE TO ADJOURN. VOTE: ALL AYES. MOTION CARRIED.







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WednesdayJuly 21, 2004

COMMUNITY CENTER

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A regular meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by Mayor Walters at 6:30 p.m. on Wednesday, July 21, 2004 in the Community Center. Mayor Walters also led the Pledge of Allegiance


Others Present: Town Attorney GougelmanTown Manager HigginbothamPolice Chief SyrkusFourteen members of the publicTown Clerk Masny

I. CHANGES TO THE AGENDA. There were no changes to the agenda.

II. PRESENTATIONS BY SPECIAL GUESTS: MARGUERITA ENGEL, ST. JOHNS RIVER WATER MANAGEMENT DISTRICT - PRESENTATION OF CEREMONIAL CHECK FOR PEDWAY STORMWATER IMPROVEMENT PROJECT COST-SHARE PROGRAM. Ms. Engel of the St. Johns River Water Management District presented a ceremonial check for the Town’s pedway stormwater improvement project cost-share program in the amount of $60,231.00.

III. NON-SCHEDULED CITIZEN COMMENTS There were no non-scheduled citizen comments.

IV. APPROVAL OF MINUTES: JUNE 17, 2004 WORKSHOP AND JUNE 30, 2004 REGULAR MEETING Vice Mayor Guglietta requested an amendment to paragraph 2 on Page 4 of the June 17, 2004 workshop minutes and Mayor Walters requested amendments to paragraph 5 on Page 3 and paragraph 1 on Page 4 of the June 17, 2004 workshop minutes. Mayor Walters requested an amendment to paragraph 4 on Page 18 of the June 30, 2004 regular meeting minutes.COMMISSIONER STACEY MOVED, SECOND COMMISSIONER PRICE TO APPROVE THE MINUTES OF JUNE 17, 2004 WORKSHOP AND JUNE 30, 2004 REGULAR MEETING AS AMENDED.


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V. REPORTS BY ANY TOWN BOARD OR COMMITTEE SUBMITTING A REPORT. There were no Town Board or Committee reports.

VI. CONSENT AGENDA: TOWN BOARD REAPPOINTMENTS A. REAPPOINTMENT OF JOY CAMPBELL TO THE PARKS BOARD WITH A TERM JULY 21, 2004 THROUGH JULY 21, 2006.

B. REAPPOINTMENT OF RITA KARPIE TO THE ENVIRONMENTAL ADVISORY BOARD WITH A TERM JULY 21, 2004 THROUGH JULY 21, 2006.

C. REAPPOINTMENT OF PHILLIP VENANZI TO THE ENVIRONMENTAL ADVISORY BOARD WITH A TERM JULY 21, 2004 THROUGH JULY 21, 2006.COMMISSIONER PRICE MOVED, SECOND VICE MAYOR GUGLIETTA TO APPROVE THE CONSENT AGENDA AS PRESENTED, REAPPOINT JOY CAMPBELL TO THE PARKS BOARD WITH A TERM JULY 21, 2004 THROUGH JULY 21, 2006; REAPPOINT RITA KARPIE TO THE ENVIRONMENTAL ADVISORY BOARD WITH A TERM JULY 21, 2004 THROUGH JULY 21, 2006; AND REAPPOINT PHILLIP VENANZI TO THE ENVIRONMENTAL ADVISORY BOARD WITH A TERM JULY 21, 2004 THROUGH JULY 21, 2006. VOTE: ALL AYES. MOTION CARRIED.

The Town Commission requested that all Town Board reappointments be placed on the regular meeting agenda and not under the consent agenda.

VII. NEW BUSINESS: A. DISCUSSION AND POSSIBLE ACTION REGARDING TOWN CODE SECTION 7A-52, POLITICAL SIGN REGULATIONS. (VICE MAYOR GUGLIETTA) Vice Mayor Guglietta read the Town’s political sign regulations, “Political signs shall be permitted, but only during one month immediately preceding an election” and explained that he would like to delete the wording, “one month immediately preceding an election” from the regulations.

Town Attorney Gougelman explained that there was a Federal District Court decision from the middle district of Florida, which binds the Town because we are in the middle district of Florida and it is regarding an unconstitutional finding of the First Amendment, Right of Free Speech. He reported that Indialantic decided to remove a similar provision from their code and are considering putting it back.

Mayor Walters opened the meeting for comments.

Tom Shaw, 406 Riverside Drive commented that the concept of perpetual politics and perpetual running for office is getting a little ridiculous and suggested that the Town Attorney look into the code allowing signs up 30 days prior to an election, without a permit and if someone wants to put a sign up earlier, you need a permit and the signs meet certain criteria.

Town Attorney Gougelman commented that the Town cannot bar political signs, but it can regulate the sign size and make regulations that are easily complied with.

VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER WILSON THAT IN REFERENCE TO ZONING CODE 7A-52 REGARDING POLITICAL SIGNS, REMOVE THE WORDING, “BUT ONLY DURING ONE MONTH IMMEDIATELY PRECEDING AN ELECTION.” VOTE: VICE MAYOR GUGLIETTA, AYE. COMMISSIONER WILSON, AYE. COMMISSIONER PRICE, AYE. MAYOR WALTERS, AYE. COMMISSIONER STACEY, NAY.


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MOTION CARRIED.

VIII. PUBLIC HEARING: A. ORDINANCE 2004-01: AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO ZONING; MAKING FINDINGS; AMENDING SECTIONS 1A-3, 7A-31, 7A-32 AND 7A-33, 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 AND 3-RS ZONING DISTRICTS; AMENDING THE MINIMUM LOT SIZE IN THE 3-RS ZONING DISTRICT; REVISING THE MINIMUM FLOOR ELEVATION FOR NEW BUILDING CONSTRUCTION; PROVIDING A LIMITED WAIVER OR REASONABLE ACCOMMODATION REGARDING INCREASED HEIGHT ABOVE THE MAXIMUM PERMITTED IN CERTAIN INSTANCES; 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 stated that the Town received a second ordinance and advised that he will read the title to Ordinance 2004-01 as provided in the meeting packet. Mayor Walters asked for public comment regarding ordinance 2004-01.

Tom Shaw, 406 Riverside Drive advised that he picked up a copy of the ordinance and now there is another revision and suggested that the Town Commission table the ordinance.

Jan Guilbeau, 806 Oak Street asked if this discussion is on the second or third revision and if there will be another revision to this ordinance?

Bruce Black, 508 Ocean Avenue asked if there are substantial changes, does this become first reading of the new ordinance? Mr. Black was advised that it would be first reading.

Town Attorney Gougelman suggested that if it is the Town Commission’s desire to substitute Commissioner Wilson’s wording of the ordinance, this could be first reading and second reading could be next month.

Commissioner Price asked Town Attorney Gougelman if he has had a chance to review Commissioner Wilson’s ordinance? Town Attorney Gougelman responded that there have been so many changes from the community and Commissioner Wilson has inserted a combination of proposals suggested by the Town Commission, and community. Town Attorney Gougelman stated that a lot of his embellishments have been taken out of the ordinance. Town Attorney Gougelman commented that he does not see that the ordinance will not work and the definition of building height is a question in his mind, but legally it fits together well and legally it will work.

Vice Mayor Guglietta stated that he has not had a chance to review the third revision to the height ordinance and stated that he will need time to review it.

Mayor Walters commented to Town Attorney Gougelman that some of his recommended changes regarding the copula have been changed and the Town Commission should have another workshop regarding the revised ordinance and Commissioner Price agreed.

Commissioner Wilson gave the Town Commission a brief overview of the proposed changes to the height ordinance and the Town Commission agreed to hold a workshop to review the revised ordinance.

VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER PRICE TO TABLE SECOND READING OF ORDINANCE 2004-01.


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B. ORDINANCE 2004-02: AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO ZONING; MAKING FINDINGS; AMENDING SECTIONS 1A-3, 7A-152(b), 7A-154, 7A-155, 7A-157, 7A-170 AND 7A-171, APPENDIX A, AND SECTION 11-1, TOWN CODE; REVISING DEFINITIONS; PROVIDING FOR A NEW PLANNING AND ZONING DEPARTMENT; PROVIDING THAT THE ZONING OFFICIAL SHALL ADMINISTER, INTERPRET AND ENFORCE LAND DEVELOPMENT CODE CHAPTERS 1A, 2A, 6A, 7A AND 8A, APPENDIX A, TOWN CODE (GENERAL CODE PROVISIONS, COMPREHENSIVE PLANNING, SUBDIVISIONS, ZONING AND TAKINGS, VESTED RIGHTS, AND DUE PROCESS); REMOVING SAID POWERS FROM THE BUILDING OFFICIAL; PROVIDING FOR REVIEW OF THE ZONING OFFICIAL’S DETERMINATIONS BY THE BOARD OF ADJUSTMENT AND PROVIDING A REVIEW PROCEDURE; REVISING PROCEDURES FOR REHEARING OF DECISIONS BY THE BOARD OF ADJUSTMENT; PROVIDING FOR A ZONING OFFICIAL; SPECIFYING THE DUTIES OF THE ZONING OFFICIAL AND REVISING THE DUTIES OF THE BUILDING OFFICIAL; 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 2004-02 by title.


Mayor Walters stated that the Planning and Zoning Board reviewed this ordinance and made recommendations for changes and asked if these were incorporated into this ordinance? Town Attorney Gougelman advised that they were.

COMMISSIONER WILSON MOVED, SECOND COMMISSIONER STACEY TO ADOPT ON FINAL READING ORDINANCE 2004-02 AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO ZONING; MAKING FINDINGS; AMENDING SECTIONS 1A-3, 7A-152(b), 7A-154, 7A-155, 7A-157, 7A-170 AND 7A-171, APPENDIX A, AND SECTION 11-1, TOWN CODE; REVISING DEFINITIONS; PROVIDING FOR A NEW PLANNING AND ZONING DEPARTMENT; PROVIDING THAT THE ZONING OFFICIAL SHALL ADMINISTER, INTERPRET AND ENFORCE LAND DEVELOPMENT CODE CHAPTERS 1A, 2A, 6A, 7A AND 8A, APPENDIX A, TOWN CODE (GENERAL CODE PROVISIONS, COMPREHENSIVE PLANNING, SUBDIVISIONS, ZONING AND TAKINGS, VESTED RIGHTS, AND DUE PROCESS); REMOVING SAID POWERS FROM THE BUILDING OFFICIAL; PROVIDING FOR REVIEW OF THE ZONING OFFICIAL’S DETERMINATIONS BY THE BOARD OF ADJUSTMENT AND PROVIDING A REVIEW PROCEDURE; REVISING PROCEDURES FOR REHEARING OF DECISIONS BY THE BOARD OF ADJUSTMENT; PROVIDING FOR A ZONING OFFICIAL; SPECIFYING THE DUTIES OF THE ZONING OFFICIAL AND REVISING THE DUTIES OF THE BUILDING OFFICIAL; PROVIDING FOR SEVERABILITY/INTERPRETATION; PROVIDING FOR REPEAL OF ORDINANCES AND RESOLUTIONS INCONSISTENT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. VOTE: ALL AYES. MOTION CARRIED.

C. ORDINANCE 2004-03: AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO THE MUNICIPAL JUDICIAL SYSTEM; MAKING FINDINGS; PROVIDING FOR THE REFERENDUM ELECTION AND BALLOT LANGUAGE; DELETING SECTIONS 4.01, 4.02, 4.03,4.04, 4.05, 4.06 AND 4.07, TOWN CHARTER; SETTING FORTH A TOWN CHARTER AMENDMENT TO DELETE PROVISION RELATING TO OPERATION OF A MUNICIPAL COURT SYSTEM WHICH ARE OBSOLETE; DELETING PROVISION FOR A MUNICIPAL COURT SYSTEM, PARTICIPATION IN COUNTY COURT, DESIGNATION OF A COURT CLERK, ISSUANCE OF WARRANTS, ARREST WITHOUT WARRANTS, DUTIES OF POLICE OFFICERS, AND DISPOSITION OF MONIES COLLECTED; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING


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FOR AN EFFECTIVE DATE. (SECOND AND FINAL READING) Town Attorney Gougelman read Ordinance 2004-03 by title.


COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON TO ADOPT ON SECOND AND FINAL READING ORDINANCE 2004-03 AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO THE MUNICIPAL JUDICIAL SYSTEM; MAKING FINDINGS; PROVIDING FOR THE REFERENDUM ELECTION AND BALLOT LANGUAGE; DELETING SECTIONS 4.01, 4.02, 4.03,4.04, 4.05, 4.06 AND 4.07, TOWN CHARTER; SETTING FORTH A TOWN CHARTER AMENDMENT TO DELETE PROVISION RELATING TO OPERATION OF A MUNICIPAL COURT SYSTEM WHICH ARE OBSOLETE; DELETING PROVISION FOR A MUNICIPAL COURT SYSTEM, PARTICIPATION IN COUNTY COURT, DESIGNATION OF A COURT CLERK, ISSUANCE OF WARRANTS, ARREST WITHOUT WARRANTS, DUTIES OF POLICE OFFICERS, AND DISPOSITION OF MONIES COLLECTED; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. VOTE: ALL AYES. MOTION CARRIED.

D. ORDINANCE 2004-04: AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO THE TOWN COMMISSION; MAKING FINDINGS; PROVIDING FOR THE REFERENDUM ELECTION AND BALLOT LANGUAGE; AMENDING SECTIONS 2.06, 2.12 AND 2.17, TOWN CHARTER; SETTING FORTH A TOWN CHARTER AMENDMENT CLARIFYING THAT THE SALARY OF ALL COMMISSIONERS, AS OPPOSED TO INDIVIDUAL TOWN COMMISSIONERS, SHALL BE NO MORE THAN 1% OF THE TOWN BUDGET; DELETING THE PROVISION THAT COMMISSIONERS CAN BE COMPELLED BY OTHER COMMISSIONERS TO ATTEND COMMISSION MEETINGS; AND REPEALING THE PROVISION THAT THE COMMISSION MAY REMOVE A COMMISSIONER FROM OFFICE FOR FAILING TO ATTEND A MAJORITY OF THE COMMISSION MEETINGS IN ANY CALENDAR QUARTER WITHOUT GOOD REASON; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (SECOND AND FINAL READING)

Town Attorney Gougelman read Ordinance 2004-04 by title and recommended that on Page 4, Line 17, change No. 3 to No. 2, which means this will be the second referendum question to appear on the ballot.

Commissioner Wilson commented that he would like to see the author of this ordinance withdraw a certain section of this and leave it as it is in the Charter and let any Commission that chooses to raise their salary that much do so.

Vice Mayor Guglietta requested to strike the section regarding individual pay for Commissioners. Commissioner Wilson agreed.

Town Attorney Gougelman reviewed the necessary amendments to change this portion of the ordinance and advised that this will be the first reading of ordinance 2004-04 as these are substantial changes. Town Attorney Gougelman amended the ordinance as follows: In the title of the ordinance, remove “2.06", remove the comma after “2.12" and delete the following words, “SETTING FORTH A TOWN CHARTER AMENDMENT CLARIFYING THAT THE SALARY OF ALL COMMISSIONERS, AS OPPOSED TO INDIVIDUAL TOWN COMMISSIONERS, SHALL BE NO MORE THAN 1% OF THE TOWN BUDGET;” Town Attorney Gougelman advised that on Page 1, delete lines 32 through 34 and lines 1 and 2 on Page 2. On Page 3, Line 3, delete “2.06", and delete the comma after 2.12., delete lines 6 through 14. Page 4, Line 19, delete “2.06,” and delete the comma after 2.12 on Line 21 delete the wording, “clarifying that the salary of” and delete lines 22 and 23. Page 6, the first reading date will be July 21st and final will be August 18th.


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COMMISSIONER PRICE MOVED, SECOND VICE MAYOR GUGLIETTA TO APPROVE, WITH AMENDMENTS ON FIRST READING ORDINANCE 2004-04 AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO THE TOWN COMMISSION; MAKING FINDINGS; PROVIDING FOR THE REFERENDUM ELECTION AND BALLOT LANGUAGE; AMENDING SECTIONS 2.06, 2.12 AND 2.17, TOWN CHARTER; SETTING FORTH A TOWN CHARTER AMENDMENT CLARIFYING THAT THE SALARY OF ALL COMMISSIONERS, AS OPPOSED TO INDIVIDUAL TOWN COMMISSIONERS, SHALL BE NO MORE THAN 1% OF THE TOWN BUDGET; DELETING THE PROVISION THAT COMMISSIONERS CAN BE COMPELLED BY OTHER COMMISSIONERS TO ATTEND COMMISSION MEETINGS; AND REPEALING THE PROVISION THAT THE COMMISSION MAY REMOVE A COMMISSIONER FROM OFFICE FOR FAILING TO ATTEND A MAJORITY OF THE COMMISSION MEETINGS IN ANY CALENDAR QUARTER WITHOUT GOOD REASON; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. VOTE: ALL AYES. MOTION CARRIED.

E. ORDINANCE 2004-05: AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO FINANCIAL PROCEDURES; MAKING FINDINGS; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE; REPEALING SECTION 8.03, TOWN CHARTER; AMENDING SECTION 8.09, TOWN CHARTER; REPEALING A PROVISION PROVIDING WHEN AND HOW PUBLIC HEARINGS WILL BE HELD ON THE BUDGET; AMENDING SECTION 8.09, TOWN CHARTER, AS TO WHO SIGNS TOWN CHECKS; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (SECOND AND FINAL READING)



COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON TO ADOPT ORDINANCE 2004-05 ON SECOND AND FINAL READING AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO FINANCIAL PROCEDURES; MAKING FINDINGS; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE; REPEALING SECTION 8.03, TOWN CHARTER; AMENDING SECTION 8.09, TOWN CHARTER; REPEALING A PROVISION PROVIDING WHEN AND HOW PUBLIC HEARINGS WILL BE HELD ON THE BUDGET; AMENDING SECTION 8.09, TOWN CHARTER, AS TO WHO SIGNS TOWN CHECKS; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. VOTE: ALL AYES. MOTION CARRIED.

F. ORDINANCE 2004-06: AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO THE TOWN COMMISSION; MAKING FINDINGS; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE; AMENDING SECTIONS 2.08 AND 2.11 AND REPEALING SECTION 2.10, TOWN CHARTER; SETTING FORTH A TOWN CHARTER AMENDMENT REPEALING THE PROVISION REQUIRING THE ASSIGNMENT OF COMMISSION RESPONSIBILITIES AFTER AN ELECTION; CLARIFYING THAT A VICE MAYOR SUCCEEDING TO THE OFFICE OF MAYOR DUE TO A VACANCY IN THAT OFFICE DOES SO TEMPORARILY AND RETURNS TO HIS POSITION AS A COMMISSIONER UPON ELECTION OF THE NEW MAYOR; AND BY PROVIDING THAT ONE, AS OPPOSED TO TWO, COMMISSIONERS MAY CALL A SPECIAL MEETING; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF


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ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (SECOND AND FINAL READING)



Mayor Walters stated that currently the Town Manager, the Mayor, or two (2) Commissioners can call a special meeting and this ordinance will change the Charter to allow the Town Manager, Mayor or one (1) Commissioner, rather than two (2) Commissioners to call a special meeting. He also reported that if the Mayor resigns for any reason, the Vice Mayor will take over the Mayor’s seat and the Vice Mayor will not have to run for Mayor at the next election to stay in office, he will have the remainder of his term to sit on the Commission.

COMMISSIONER WILSON MOVED, SECOND COMMISSIONER PRICE TO ADOPT ON SECOND READING ORDINANCE 2004-06 AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO THE TOWN COMMISSION; MAKING FINDINGS; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE; AMENDING SECTIONS 2.08 AND 2.11 AND REPEALING SECTION 2.10, TOWN CHARTER; SETTING FORTH A TOWN CHARTER AMENDMENT REPEALING THE PROVISION REQUIRING THE ASSIGNMENT OF COMMISSION RESPONSIBILITIES AFTER AN ELECTION; CLARIFYING THAT A VICE MAYOR SUCCEEDING TO THE OFFICE OF MAYOR DUE TO A VACANCY IN THAT OFFICE DOES SO TEMPORARILY AND RETURNS TO HIS POSITION AS A COMMISSIONER UPON ELECTION OF THE NEW MAYOR; AND BY PROVIDING THAT ONE, AS OPPOSED TO TWO, COMMISSIONERS MAY CALL A SPECIAL MEETING; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. VOTE: ALL AYES. MOTION CARRIED.

G. ORDINANCE 2004-07: AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO ETHICS OF TOWN OFFICERS AND EMPLOYEES; MAKING FINDINGS; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE; AMENDING SECTION 3.11, TOWN CHARTER TO PROVIDE THAT A TOWN COMMISSIONER MAY BE CENSURED BY THE TOWN COMMISSION IF FOUND GUILTY BY THE FLORIDA ELECTIONS COMMISSION OF VIOLATING THE FLORIDA ELECTION CODE OR IMPLEMENTING RULES, OR IF FOUND GUILTY BY THE FLORIDA COMMISSION ON ETHICS OF VIOLATING THE CODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES OR IMPLEMENTING RULES; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (SECOND AND FINAL READING)

Town Attorney Gougelman read Ordinance 2004-07 by title and requested an amendment on Page 4, Line 21, change this to ballot question No. 5 rather than No. 6. Town Attorney Gougelman reported that this ordinance gives the Town Commission the right censure one of its members for improper behavior.


VICE MAYOR GUGLIETTA SECOND COMMISSIONER WILSON TO ADOPT ORDINANCE 2004-07 ON SECOND AND FINAL READING AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO ETHICS OF TOWN OFFICERS AND EMPLOYEES; MAKING FINDINGS; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE; AMENDING SECTION 3.11, TOWN CHARTER TO PROVIDE THAT A TOWN COMMISSIONER MAY BE CENSURED BY THE TOWN COMMISSION IF FOUND GUILTY BY THE FLORIDA ELECTIONS COMMISSION OF VIOLATING THE


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FLORIDA ELECTION CODE OR IMPLEMENTING RULES, OR IF FOUND GUILTY BY THE FLORIDA COMMISSION ON ETHICS OF VIOLATING THE CODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES OR IMPLEMENTING RULES; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. VOTE: ALL AYES. MOTION CARRIED.

H. ORDINANCE 2004-08: AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO TERMS OF TOWN COMMISSIONERS; MAKING FINDINGS; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE; AMENDING SECTION 2.03, TOWN CHARTER, TO PROVIDE THAT NO INDIVIDUAL SHALL SERVE MORE THAN TWO (2) CONSECUTIVE THREE (3) YEAR TERMS AS A TOWN COMMISSIONER OR TWO (2) CONSECUTIVE THREE (3) YEAR TERMS AS MAYOR; PROVIDING EXCEPTIONS; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (SECOND AND FINAL READING)

Town Attorney Gougelman read Ordinance 2004-08 by title and advised that after the comments and debate from the last meeting, he included an amendment on line 10 on Page 4. Vice Mayor Guglietta explained that he is in favor of an elected official not serving until he sits out for one year and it will be a suitable change.

Commissioner Price commented that he is against term limits in Melbourne Beach and is opposed to the ordinance..

Commissioner Stacey suggested that the Town hold future elections during the month of March.

Mayor Walters commented that it is unfair to the Town when elected officials sit on the Town Commission for a number of years as sometimes these elected officials forget who it is they are working for.

VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER STACEY TO ADOPT ON SECOND AND FINAL READING ORDINANCE 2004-08 AS AMENDED BY THE TOWN ATTORNEY AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO TERMS OF TOWN COMMISSIONERS; MAKING FINDINGS; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE; AMENDING SECTION 2.03, TOWN CHARTER, TO PROVIDE THAT NO INDIVIDUAL SHALL SERVE MORE THAN TWO (2) CONSECUTIVE THREE (3) YEAR TERMS AS A TOWN COMMISSIONER OR TWO (2) CONSECUTIVE THREE (3) YEAR TERMS AS MAYOR; PROVIDING EXCEPTIONS; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE VOTE: VICE MAYOR GUGLIETTA, AYE. COMMISSIONER STACEY, AYE. COMMISSIONER WILSON, AYE. MAYOR WALTERS, AYE. COMMISSIONER PRICE, NAY. MOTION CARRIED.

I. RESOLUTION NO. 736: A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA OPPOSING AN AMENDMENT TO THE FLORIDA CONSTITUTION THAT WOULD RAISE FLORIDA’S HOMESTEAD EXEMPTION TO $50,000; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE.

Town Attorney Gougelman read Resolution No. 736 by title. Mayor Walters advised that the Supreme Court has decided that this item will not be put on the ballot.

J. RESOLUTION NO. 737: A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD


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COUNTY, FLORIDA ASSOCIATED WITH THE LEASE-PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS NECESSARY TO THE CONSUMMATION OF THE TRANSACTION CONTEMPLATED BY THE LEASE-PURCHASE AGREEMENT BETWEEN THE TOWN OF MELBOURNE BEACH AND LEASING 2, INC. FOR THE LEASE-PURCHASE OF A MINI PUMPER; AND PROVIDING FOR AN EFFECTIVE DATE.

Town Attorney Gougelman read Resolution 737 by title. Town Manager Higginbotham reported that the Town Commission approved the lease of the mini pumper with Leasing 2, Inc. and this resolution is required by Leasing 2, Inc. prior to them forwarding the lease documents to the Town for review and approval.


COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO ADOPT RESOLUTION NO. 737 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA ASSOCIATED WITH THE LEASE-PURCHASE AGREEMENT AND ANY RELATED DOCUMENTS NECESSARY TO THE CONSUMMATION OF THE TRANSACTION CONTEMPLATED BY THE LEASE-PURCHASE AGREEMENT BETWEEN THE TOWN OF MELBOURNE BEACH AND LEASING 2, INC. FOR THE LEASE-PURCHASE OF A MINI PUMPER; AND PROVIDING FOR AN EFFECTIVE DATE. VOTE: ALL AYES. MOTION CARRIED. IX. REPORTS:

A. TOWN ATTORNEY

There was no Town Attorney report.

B. TOWN MANAGER

Town Manager Higginbotham reported that the pedway project has had some difficulty getting started and C&D Construction will commence work on Friday, July 23rd and requested to also work Saturday as it is the intent of the Town to have the portion of the project in front of Gemini Elementary School completed before school starts. He reported that the Town received a preliminary Financial Statement for the fiscal year ended September 30, 2003 and the Town should have the official audit and opinion on Thursday, July 22nd or Friday, July 23. Town Manager Higginbotham reported that he received a financial statement from the Fire Department for the period October 1, 2003 through June 30, 2004. He reported that he has passed the comments the Town Commission wants addressed in the agreement between the Town and Fire Department to the Town Attorney.

C. TOWN COMMISSION

Commissioner Stacey reported that last month, one of the volunteers from the Fire Department advised that he was concerned about the fire maintenance position not being filled. Commissioner Stacey also reported that he requested the Town Manager look into the idea that a Town Commissioner sit as a non-voting member or sit in on the meetings of the Board of Directors of the Melbourne Beach Fire Department Corporation to hopefully avoid any hard feelings between the department and Town. He stated that perhaps this was not a good idea and withdrew his request. Commissioner Stacey reported that his neighbors on Hibiscus Trail, whose property abuts the Town of Indialantic, have complained about trees from their neighbor’s property were leaning against and knocking their fences down and he advised them to contact the Town Manager.

Commissioner Wilson asked what the status is regarding the maintenance position in the fire department? Town Manager Higginbotham responded that as of yet, he has not been approached by the Fire Chief to


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fill the position. Commissioner Wilson asked what the benefit will be to wait until the audit is presented prior to reviewing next year’s budget as finance is not one of his strong points. Town Manager Higginbotham responded that the financial information will give him the ending balances to help with the new budget. Commissioner Wilson asked for an update regarding the Boomerang property. Town Manager Higginbotham responded that he received an inquiry for Mr. Pepaj’s attorney as to if the Town is still interested in the property and he advised that the Town is still interested in the property and they suggested that the property owners and their attorney’s contact the Florida Communities Trust regarding the negotiations for the property.

Mayor Walters reported that he understands the City of Indian Harbour Beach does not have a maintenance person in their volunteer fire department and uses Public Works employees and thought the Town could look at this and possibly address it during the budget workshops. Commissioner Price commented that it is not always practical to do what your neighbors do. Vice Mayor Guglietta commented that volunteers incur certain rules and regulations they have to follow and the volunteer fire department members are to ensure that the vehicles are put away correctly and are to be trained on how to perform certain functions. Mayor Walters reported that the Board of Adjustment has a request for variance coming up and the agenda shows the legal description, but does not list the property address. Mayor Walters requested a copy of change orders number 10, 11 and 12 regarding the municipal complex. Mayor Walters commented that at the last meeting, the Town Manager discussed the fire department sign that is located in the right-of-way and stated that unless an absolute reason has been given, there really is no need to replace the sign. Town Manager Higginbotham responded that while he was getting an estimate for a new bulletin board, he could get an estimate for a new fire department sign. Mayor Walters reported that the Town needs a resolution for use of the new Community Room, modeled after the one for the Community Center and Pavilion for different functions. Mayor Walters asked Town Manager Higginbotham if the audit is complete yet and Town Manager Higginbotham replied that the auditors sent the preliminary information and advised that we should receive the final audit, with an opinion tomorrow. Mayor Walters commented that he is sorry to hear that Jim Hunter resigned as Fire Chief. Sue Stark, President reported that there was a meeting and Mr. Hunter has requested that his resignation be reconsidered.

Commissioner Price reported that after being out of work for several months from an automobile accident, he is happy to be back to work again.

Vice Mayor Guglietta commented that he attended the Technical Advisory Committee meeting of the Metropolitan Planning Organization and the status of the county streets were discussed such as the Pineda Causeway extension. Vice Mayor Guglietta reported that he would like a copy of any preventative and safety check-lists prepared by the Public Works Department. Vice Mayor Guglietta commented that the Town’s Comprehensive Plan needs to be updated and suggested that the Town Manager look into this. Vice Mayor Guglietta reported that he would like the Town Attorney and Town Manager look at an article he has prepared prior to it being placed in the October/November newsletter to inform the residents regarding the proposed Town Charter changes.

Town Manager Higginbotham reported that the Chief of Police will hold monthly coffee and conservation meetings with the Town residents in the Community Room.



X. ADJOURNMENTVICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER STACEY TO ADJOURN. VOTE: ALL AYES. MOTION CARRIED.


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MondayJuly 26, 2004


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A workshop of the Town Commission of the Town of Melbourne Beach, Florida was called to order by Mayor Walters at 6:02 p.m. on Monday, July 26, 2004 in the Community Room at Town Hall. Mayor Walters also led the Pledge of Allegiance

Present:

Absent:

Mayor WaltersCommissioner GugliettaCommissioner StaceyCommissioner Wilson

Commissioner Price

Others Present: Town Manager HigginbothamThree (3) members of the publicTown Clerk Masny

REVIEW OF PROPOSED ORDINANCE 2004-01 (HEIGHT ORDINANCE)

Commissioner Wilson reported that he was advised that this ordinance should not have Federal Emergency Management Agency’s codes in it as these may change from time to time and the Building Official, Mike McCaughin has concurred with this as these codes are in another section of the Town code.

The Town Commission reviewed the 3rd version of Ordinance 2004-01, dated July 20, 2004 and requested the following revisions be made to the ordinance:

In the title of Ordinance 2004-01, lines 13-15, delete the words, “PROVIDING A LIMITED WAIVER REGARDING INCREASED HEIGHT ABOVE THE MAXIMUM PERMITTED IN CERTAIN INSTANCES;

Page 2, delete lines 46-48;

Page 3, reword line 83 to read, “elevation for construction, or (b) from a point 18-inches above the”

Page 4, line 85-86, change the word, “roof” to “building” and delete the following: (including all roof structure components) or facade. Line 88, after the word requirements add the wording, “in effect at the time of foundation construction”. Line 97, after (FIRM), add the wording, “in effect at the time


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of foundation construction. The Building Official shall from time-to-time review the most current FEMA requirements and recommend to the Town Manager any needed wording updates to this definition. As of the date this ordinance was drafted (07/20/04), FEMA-required elevation is determined as follows:” Page 5, lines 125-126, delete the words, “roof or facade” and replace them with “building”.

Page 6, line 134, delete the words, “roof structure” and replace them with “building”; line 144, delete the words “is to”.

Page 8, lines 182-183, reword this to read, “Maximum height of the building. Maximum height of the building shall be 28 feet”.

Page 10, lines 234-235, reword this to read, “Maximum height of the building. Maximum height of the building shall be 28 feet”.

Page 11, line 274 add the wording, “Buildings built on lots that were divided before the year 2000 shall be grand fathered in to allow rebuilding of the preexisting home in the event of a disaster”.

Page 12, line 281, reword this to read, “Maximum height of the building. Maximum height of the building shall be 28 feet”.

Page 13, Section 7A-55. BUILDING CONSTRUCTION. Reword this section to read, “All buildings shall be constructed with the lowest floor level at least 18 inches above the crown of the highest street perpendicular to the foundation to which the property abuts. When an applicant for a building permit submits plans for review by the Town of the proposed construction, the building plans of the principal structure shall be fully dimensioned sealed to-scale drawings, clearly showing street elevation, existing property elevation, proposed finished floor elevation, FEMA flood zones and elevation, and maximum height.”

Page 13, it was discussed that section 7A-59 not be codified into the code of Ordinances.

Page 15, line 352, add the words, “the minimum” after the word “exceed”. Line 356, in reference to cupolas, change the measurements to “36 inches by 36 inches by 36 diminishing inches in height, not to exceed four (4) cupola per structure.”

Page 15, before Section 7, add the following sentence, “No variances or waivers shall be granted to the maximum building height requirements.”

The Town Commission briefly discussed floor-area-ratio and that it is designed to stop the bulk (mass) of buildings.





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MondayAugust 3, 2004


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A workshop of the Town Commission of the Town of Melbourne Beach, Florida was called to order by Mayor Walters at 6:30 p.m. on Tuesday, August 3, 2004 in the Community Room at Town Hall. Mayor Walters also led the Pledge of Allegiance


Others Present: Town Manager HigginbothamSix (6) members of the publicTown Clerk Masny

Town Manager Higginbotham advised that Town Attorney Gougelman received a copy of the “Rule Nisi” or “Show Cause” order regarding the Hamilton Writ of Prohibition and reported that if and when the Town files a response there will be a hearing and the Town Attorney’s response to this will be based upon the consensus of the Town Commission on June 17, 2004 to not respond vigorously or make a passive response. He reported that the Town Attorney was surprised that there will be a hearing if there is a response. After a discussion, the Town Commission agreed that the Town Attorney should respond to this as previously directed. Town Manager Higginbotham advised that Mr. Abraham and Mr. West’s Attorney, Ralf Brookes has provided a “Motion to Dismiss Petition for Writ of Prohibition” and advised that Town Attorney Gougelman would not be comfortable filing this and has advised that he will step aside and let Attorney Brookes file this. The Town Commission discussed the “Motion to Dismiss Petition for Writ of Prohibition” and a majority of the Commission agreed that it would not request that the Town Attorney nor Attorney Brookes file this on behalf of the Town.

- REVIEW OF PROPOSED MUNICIPAL BUDGET FOR FISCAL YEAR2004/2005.Town Manager Higginbotham reported that the millage rate he has proposed is less than last year, but is 10% over the rolled-back rate and the rolled-back rate will generate the same revenue as the current budget. He reported that a proposed millage rate of 3.3724 will generate $80,000 more in ad valorem taxes for the fiscal year beginning October 1, 2004. The millage rate for the library debt service is proposed at the rolled-back rate and will generate $62,485, which is $4,000 more than needed to cover the debt service and the Commission may want to lower this rate.


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Town Manager Higginbotham reported that the Town Commission will be asked to make some budget amendments that will affect the current budget and advised that he will remove the maintenance worker from the Stormwater Utility Fund in the current budget and will not fund them in the 2004/2005 Stormwater Utility Fund budget. He reported that this will leave approximately $48,000 from this year’s budget and will generate approximately $58,000 in the next fiscal year.

Town Manager Higginbotham reviewed the proposed revenues and expenditures for the Town for fiscal year 2004/2005. The Town Commission requested that the Town Manager check the amount budgeted for telephone, electric and communication services in all departments as it seems too high.

In the Legislative budget, check life insurance and postage amounts and reduce travel and meetings to $4,500.

In the Executive budget, check the life insurance amount and the detail on dues and subscriptions for the 2004 projected budget.

In the Finance budget, Town Manager Higginbotham reported that he has added a part-time accountant for bank reconciliations and various finance needs. The Town Commission asked that the Town Manager check into the budgeted amounts for health insurance and retirement to see if these should be reduced for an additional part-time person. Training and schools was reduced to $1,000.

In the Law Enforcement budget, the Town Commission removed the longevity pay, reduced overtime to $15,000, reduced travel and meetings to $2,500 and reduce dues and subscriptions to $750.

IT IS THE CONSENSUS OF THE TOWN COMMISSION TO ELIMINATE A LAW ENFORCEMENT POSITION WHEN AN OPENING OCCURS.

The Town Commission and Town Manager discussed the idea that employees who received an 8% salary increase the previous year may not receive a salary increase this year and new employees may be eligible for a salary increase this year.

The Town Commission and Town Manager discussed holding the next budget workshop on Wednesday, August 11th rather than Tuesday, August 10th and holding a special meeting before the budget workshop to rescind the resolutions that established the salary step program for all employees. Town Manager Higginbotham reported that he will have a resolution to amend the Fiscal Year 2003/2004 budget also.

- DISCUSSION OF PROPOSED AD VALOREM MILLAGE RATE FOR FISCALYEAR 2004/2005.IT IS THE CONSENSUS OF THE TOWN COMMISSION THAT THE PROPOSED AD VALOREM MILLAGE RATE FOR FISCAL YEAR 2004/2005 BE 3.0658 MILLS.

- DISCUSSION OF PROPOSED AD VALOREM DEBT SERVICE MILLAGERATE FOR FISCAL YEAR 2004/2005.IT IS THE CONSENSUS OF THE TOWN COMMISSION THAT THE TOWN MANAGER ROLL BACK THE AD VALOREM DEBT SERVICE MILLAGE RATE TO THE AMOUNT NECESSARY TO PAY THE DEBT SERVICE PAYMENT FOR FISCAL YEAR 2004/2005.


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STEVEN O. WALTERS, MAYOR





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WednesdayAugust 11, 2004

COMMUNITY CENTER

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A special meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by Mayor Walters at 6:30 p.m. on Wednesday, August 11, 2004 in the Town Hall Community Room. Mayor Walters also led the Pledge of Allegiance


Others Present: Town Manager HigginbothamDeputy Town Clerk GomezThree members of the public

I. RESOLUTION NO. 738 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RESCINDING RESOLUTION 691, WHICH ESTABLISHED A SALARY PLAN AND A POLICY RELATING TO IMPLEMENTING SALARIES AND A STEP PROGRAM FOR ALL GENERAL TOWN EMPLOYEES; RESCINDING RESOLUTION NO. 720, WHICH AMENDED RESOLUTION NO. 691; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE.

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

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

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


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

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

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

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

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

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

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

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

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

COMMISSIONER STACEY MOVED, SECOND VICE MAYOR GUGLIETTA TO APPROVE THE PROPOSED AMENDMENTS TO ORDINANCE 2004-01.


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VOTE: ALL AYES. MOTION CARRIED. VI. ADJOURNMENT

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







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WednesdayAugust 25, 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 6:35 p.m. on Wednesday, August 25, 2004 in the Community Room at Town Hall. Mayor Walters also led the Pledge of Allegiance

Present:

Absent:

Mayor WaltersCommissioner GugliettaCommissioner StaceyCommissioner Wilson

Commissioner Price

Others Present: Town Manager HigginbothamPolice Chief Syrkus2 members of the publicTown Clerk Masny

I. EXAMINATION OF QUALIFYING PETITIONS AND ORDERING NAMES BE PLACED ON BALLOT FOR THE NOVEMBER 2, 2004 MUNICIPAL GENERAL ELECTION. Town Clerk Masny stated that the qualifying period for the Mayor and two (2) Town Commission seats ran from August 13th through August 24th and three (3) residents filed the paperwork to qualify for the Mayor seat: Bruce Black, Lynette Fodor and William G. Stacey. Four (4) residents filed the paperwork to qualify for the two (2) Commissioner-At-Large seats: Frank E. Cariou, Donnie L. Price, Thomas R. Shaw and Sandy Wilson. Town Clerk Masny stated that Section 2.02 of the Town Charter states that the Town Commission shall be the judge of the qualifications of the candidates for election to the Commission and order the names be placed on the ballot.

COMMISSIONER STACEY MOVED, SECOND VICE MAYOR GUGLIETTA TO APPROVE THE QUALIFYING PETITIONS OF BRUCE BLACK, LYNETTE FODOR AND WILLIAM G. STACEY FOR THE MAYOR SEAT AND FRANK E. CARIOU, DONNIE L. PRICE, THOMAS R. SHAW AND SANDY WILSON FOR THE TWO (2) COMMISSIONER-AT-LARGE SEATS AND ORDER THEIR NAMES BE PLACED ON THE BALLOT IN THE NOVEMBER 2, 2004 MUNICIPAL GENERAL ELECTION. VOTE: ALL AYES. MOTION CARRIED.

II. ADJOURNMENTVICE MAYOR GUGLIETTA MOVED, COMMISSIONER WILSON TO ADJOURN. VOTE: ALL AYES. MOTION CARRIED.


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MINUTESTOWN COMMISSION - Budget Workshop

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WednesdayAugust 25 2004


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A budget workshop of the Town Commission of the Town of Melbourne Beach, Florida was called to order by Mayor Walters at 6:38 p.m. on Wednesday, August 25, 2004 in the Community Room at Town Hall.

Present:

Absent:

Mayor WaltersCommissioner GugliettaCommissioner StaceyCommissioner WilsonCommissioner Price

Others Present: Town Manager HigginbothamPolice Chief Syrkus2 members of the publicTown Clerk Masny

- CONTINUED REVIEW OF FISCAL YEAR 2004/2005 MUNICIPAL BUDGET. Town Manager Higginbotham reported that he made changes to the budget as requested at the last budget meeting in the Public Works Department and Fire Department and requested clarification regarding any cola and merit increases and/or no salary increases.

IT IS THE CONSENSUS OF THE TOWN COMMISSION THAT THOSE EMPLOYEES WHO RECEIVED A 7% OR 8% SALARY INCREASES LAST YEAR WILL RECEIVE NO SALARY INCREASE AND NEW EMPLOYEES MAY RECEIVE UP TO A MAXIMUM OF 3.5% TOTAL INCREASE ON THEIR ANNIVERSARY DATE.

Town Manager Higginbotham reported that at the next Town Commission meeting, he will present a new wage and salary plan for consideration.

Commissioner Wilson stated that the grant officer is funded for the next fiscal year and the Town Commission had agreed to not fund it or not replace an officer when one leaves the department. Town Manager Higginbotham explained that this position will be funded until an officer leaves the department and that position will not be filled.

Vice Mayor Guglietta requested that the Town Commission keep within the Legislative travel and meeting budget and be more selective regarding courses and conferences members attend during the next fiscal year.


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Town Manager Higginbotham and the Town Commission reviewed the proposed fiscal year 2004-2005 municipal budget.

- REVIEW OF EMPLOYEE HOLIDAYS FOR CALENDAR YEAR 2005. The Town Commission reviewed the proposed employee holiday schedule for calendar year 2005.

IT IS THE CONSENSUS OF THE TOWN COMMISSION TO APPROVE THE EMPLOYEE HOLIDAY SCHEDULE FOR CALENDAR YEAR 2005 AS PRESENTED.







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MINUTESTOWN COMMISSION - Budget Public Hearing

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WednesdaySeptember 8, 2004

COMMUNITY CENTER

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A budget public hearing 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, September 8, 2004 in the Community Center. Mayor Walters also led the Pledge of Allegiance


Others Present: Town Manager HigginbothamPolice Chief SyrkusTwo members of the publicTown Clerk Masny

I. PUBLIC HEARING: A. APPROVAL OF PROPOSED AD VALOREM MILLAGE RATE FOR FISCAL YEAR 2004/2005 MUNICIPAL BUDGET

Mayor Walters opened the public hearing for public comments regarding the proposed ad valorem millage rate. There were no public comments.

COMMISSIONER PRICE MOVED, SECOND COMMISSIONER STACEY TO APPROVE THE TENTATIVE AD VALOREM MILLAGE RATE FOR FISCAL YEAR 2004/2005 AT 3.0658 MILLS. VOTE: ALL AYES. MOTION CARRIED.

B. APPROVAL OF PROPOSED AD VALOREM DEBT SERVICE MILLAGE RATE FOR FISCAL YEAR 2004/2005 MUNICIPAL BUDGET

Mayor Walters opened the public hearing for public comments regarding the proposed ad valorem debt service millage rate. There were no public comments.

COMMISSIONER STACEY MOVED, SECOND VICE MAYOR GUGLIETTA TO APPROVE THE TENTATIVE AD VALOREM DEBT SERVICE MILLAGE RATE FOR FISCAL YEAR 2004/2005 AT .2116 MILLS. VOTE: ALL AYES. MOTION CARRIED.

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C. APPROVAL OF TENTATIVE FISCAL YEAR 2004/2005 MUNICIPAL BUDGET

Mayor Walters opened the public hearing for comments from the public regarding the tentative Fiscal Year 2004/2005 municipal budget.

Susie Stark, 305 Fifth Avenue commented that the Fire Department was awarded a grant in the amount of $83,850 to purchase radios and hose and this will require with a 10% match of approximately $8,350. Ms. Stark asked if the Town Commission included this match in the budget. Town Manager Higginbotham responded that there are sufficient reserves in the contingency and the 10% match can come from this.

Bruce Black, 508 Ocean Avenue commented that he would like to discuss the issue of no salary increases for Town employees this fiscal year and advised that he put in a public records request for salary histories of Town employees, but has not received it yet so he is unprepared to discuss the issue. Mr. Black commented that the Town Commission advised that the employees received 8% salary increases last year. Mr. Black stated that there were comments made that the Town’s Public Works Maintenance I worker makes $20,700 per year and in Indian Harbour Beach a beginning worker makes $21,000 per year with no experience. Mr. Black commented that there is money in the budget and cannot see not giving the employees at least a cost of living raise. Mr. Black commented that he believes the Town Commission is putting faces with dollar amounts and asked that the Town Commission reconsider giving the employees a cost of living increase.

Mayor Walters commented that for the last three (3) years, the average employee has received about a 30% increase in salary and this year, we decided to give the residents a break on their taxes. Mayor Walters commented that every employee of this town, who had been employed by the Town one (1) year last year, received either a 7% or 8% salary increase, the year before that, they all received a 5% salary increase and the year before that they all received an average of a 14% to 15% salary increase. Mayor Walters stated that the employees who have not been here for one (1) year, will receive a raise and/or a cost of living increase.

The Town Commission discussed the salary survey that was performed by the Town in 2001 and that they were disappointed that the survey did not compare years’ of service in a position, just the position itself.

Vice Mayor Guglietta commented that he sat down with the former Interim Town Manager and tried to understand how much of a salary increase each employee received the last fiscal year and it turned out to be more than 8%. He commented that this Town Commission gave the Town Manager $15,000 for him to give salary raises to the new employees and if there is money left over, the Town Manager can come back with recommendations.

Commissioner Price commented that he agrees that a lot of mistakes have been made regarding salary increases, some by management, some by the Town Commission and this is history, we have a new Town Manager and new Police Chief and we have just reduced taxes, which is important. He also stated that the Town Manager has been charged to give pay increases to those who did not receive the large pay increases and he is also charged to make a recommendation to the Town Commission to rationalize a new policy regrading pay schedules.

COMMISSIONER STACEY MOVED, SECOND COMMISSIONER PRICE TO APPROVE THE TENTATIVE FISCAL YEAR 2004/2005 MUNICIPAL BUDGET. VOTE: ALL AYES. MOTION CARRIED.


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II. ADJOURNMENT

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

The budget public hearing of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 6:58 p.m.






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COMMUNITY CENTER

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A special meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by Mayor Walters at 6:59 p.m. on Wednesday, September 8, 2004 in the Community Center.


Others Present: Town Manager HigginbothamTwo members of the publicTown Clerk Masny

I. DISCUSSION AND POSSIBLE ACTION REGARDING WAIVING BUILDING AND INSPECTION FEES FOR DAMAGES CAUSED BY HURRICANE FRANCES (MAYOR WALTERS)

Mayor Walters passed the gavel to Vice Mayor Guglietta to allow him to address the agenda item. Mayor Walters stated that a lot of people in the community have damages to their homes and that the Town should not charge residents for building permit fees or inspection fees.

MAYOR WALTERS MOVED, SECOND COMMISSIONER STACEY THAT FROM THIS DAY FORWARD UNTIL NOTIFIED BY THE TOWN MANAGER THAT ALL BUILDING PERMIT FEES AND INSPECTION FEES BE WAIVED FROM DAMAGES CAUSED BY HURRICANE FRANCES. AFTER DISCUSSION, VOTE: ALL AYES. MOTION CARRIED.

Commissioner Price confirmed that these fees will be waived only for repair of damages caused by Hurricane Frances.

Commissioner Wilson thanked the Town’s volunteer fire department for doing such a great job during Hurricane Frances.

Town Manager Higginbotham commented that the one of the condominiums lost all of their air conditioning units and this would require a permit fee for about 160 units or so. Town Manager Higginbotham stated that he understands the intent of the Town Commission and there will be no problem implementing a policy.


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IT IS THE CONSENSUS OF THE TOWN COMMISSION TO LEAVE THE COMMUNITY CENTER OPEN TO RESIDENTS AS A COMFORT STATION BETWEEN THE HOURS OF 9:00 A.M. AND 10:00 P.M.

IT IS THE CONSENSUS OF THE TOWN COMMISSION TO EXTEND THE DEADLINE TO SUBMIT ARTICLES FOR THE OCTOBER/NOVEMBER TOWN NEWSLETTER AN ADDITIONAL TWO (2) WEEKS.

IT IS THE CONSENSUS OF THE TOWN COMMISSION THAT EMPLOYEES WHO DID NOT WORK ON THURSDAY, SEPTEMBER 9, 2004 AND FRIDAY, SEPTEMBER 10, 2004 DUE TO HURRICANE FRANCES RECEIVE THEIR SALARY FOR THESE TWO DAYS.

II. ADJOURNMENT

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







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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


Others Present: Town Attorney GougelmanTown Manager HigginbothamPolice Chief Syrkus11 members of the publicTown Clerk Masny

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,


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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)


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


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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.


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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).


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


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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.



X. ADJOURNMENT

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



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CYNTHIA E. MASNY, CMCTOWN CLERK




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WednesdayOctober 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


Others Present: Town Manager HigginbothamTown Attorney GougelmanPolice Chief Syrkus16 members of the publicTown Clerk Masny

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


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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


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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


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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


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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


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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


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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


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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.


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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 TECHNICAL 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


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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


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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.


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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.


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WednesdayNovember 9, 2004

COMMUNITY ROOM

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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 7:00 p.m. on Tuesday, November 9, 2004 in the Community Room at Town Hall. Mayor Walters also led the Pledge of Allegiance


Others Present: Town Manager HigginbothamPolice Chief SyrkusRochelle Lawandales, Lawandales Planning Affiliates12 members of the publicTown Clerk Masny

I. ADMINISTER OATH OF OFFICE TO NEWLY ELECTED MAYOR AND COMMISSIONERS

Town Clerk Masny administered the Oath of Office to Mayor William G. Stacey, Commissioner Donnie L. Price and Commissioner Sandy Wilson.

Town Manager Higginbotham reported that since the recent hurricanes, several homes in Town have been declared uninhabitable and the Federal Emergency Management Agency is providing temporary housing to about four (4) residences and Town Code Section 7A-67 provides that the Town Commission will permit these trailers as temporary housing. Town Manager Higginbotham requested that the Town Commission delegate him the authority to work with the Federal Emergency Management Agency regarding the placement of these temporary housing facilities.

VICE MAYOR GUGLIETTA MOVED, SECOND COMMISSIONER PRICE TO DELEGATE AUTHORITY TO THE TOWN MANAGER TO WORK WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY IN PLACING TEMPORARY HOUSING WHERE NEEDED IN THE TOWN. VOTE: ALL AYES. MOTION CARRIED.

II. REVIEW AND APPROVAL OF OCEAN AVENUE BEAUTIFICATION PROJECT

Rochelle Lawandales, Lawandales Planning Affiliates; Wayne Hart of Wilson Miller, Design Engineers for


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the T-21 projects; and Diane Miller with the Florida Department of Transportation gave an overview of the Ocean Avenue beautification project with the Town Commission. Ms. Lawandales reported that Town has been awarded funding in the amount of $245,000, with no required grant matching funds. She advised that the project will include streetscaping, signage, benches, trash cans, and intersection improvements on Ocean Avenue at Pine Street and at the municipal pier. Ms. Lawandales advised that parking improvements and decorative lighting were removed from the project due to lack of funding. A gateway/welcome sign will be included, the benches will be as those in Ryckman Park and the trash cans will match the benches. Ms. Lawandales advised that some of the landscaping will be oak trees, sable palms and various ground cover. Ms. Lawandales stated that the completed plans must be submitted to the Florida Department of Transportation by December 1, 2004.

Ms. Lawandales reported that the Town will need to sign off on a maintenance agreement with the Florida Department of Transportation and construction will start around July or August of 2005.

Commissioner Walters commented that some areas along Ocean Avenue are already landscaped and asked that they try to compliment the existing landscaping and add to other areas. He verified that they will not remove what landscaping is currently there. Commissioner Walters asked if the Town has to put the money up front and then get reimbursed from the Florida Department of Transportation? Ms. Miller responded that with the 2005 budget, this money is already there and this will not be necessary.

Commissioner Wilson commented that at the crosswalk near the pier, there is a curb cut at a driveway that allows vehicles into Ryckman Park and requested that this not be removed. Ms. Lawandales advised that this will just be a pedestrian walkway and the curb will not block access to the park. Commissioner Wilson commented that the insignia on the sign should be a pineapple or something related to Melbourne Beach. He requested that based on the recent hurricanes, the plants that are to be put in should not be those that snap off such as Washatonian palm trees or oak trees. Commissioner Wilson requested that there be a warranty on the plants as part of the bid specifications. Ms. Miller responded that all plants are warrantied for a full year.

Mayor Stacey opened the meeting to public comment.

Thomas Shaw, 406 Riverside Drive commented that since the oleanders are being removed from the plan, what will replace these? Ms. Lawandales responded either Asian jasmine, myrtle or holly. Mr. Shaw suggested that they get input from landscapers in Town. Mr. Shaw commented that he has concerns regarding the heavy equipment that the City of Melbourne runs through the corner of Ocean and Riverside because of the sewage lift plant. Mr. Shaw requested that this crosswalk area be extra thick so it will not break. Mr. Shaw suggested that the sign color scheme be consistent throughout the Town. Mr. Shaw requested that the Town Commission request that the Florida Department of Transportation put in a non binding clause to have bidders look at local businesses regarding plants, etc., and provide the Town will a list of pre qualified contractors for review.

Frank Thomas, 606 Atlantic Street commented that the Town colors and symbol were official adopted in 1983 with the colors being brown and tan, as on the old stationery. Mr. Thomas requested that salt-tolerant plants be used in the landscaping.

Bruce Black 508 Ocean Avenue commented that oak trees are nice, but the Town will be required to maintain a 35-40 foot tree, these could be changed to a gumbo limbo or something similar in a medium-height tree. Mr. Black asked if the intersection of Pine Street and Ocean Avenue could be brick pavers to make it stand out? Mr. Black commented that the prices of the landscape materials seems too high and Mr. Hart commented that the cost of the plant material is based on Florida Department of Transportation cost history for landscape projects such as this. Mr. Black commented that the Town could save money on the landscaping costs and


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have extra money to put toward the lights, brick pavers or something else.

Commissioner Price commented that the Town actually received approval of the plan and not actually the entire funding of $245,000 and the money is a budget figure or an estimate of the project cost.

Jay Gurecki, 406 Sixth Avenue thanked all for their hard work on this project.

COMMISSIONER WALTERS MOVED, SECOND VICE MAYOR GUGLIETTA TO APPROVE THE LANDSCAPE PLAN AND DESIGN AS PRESENTED AND AMENDED AND AUTHORIZE THE FLORIDA DEPARTMENT OF TRANSPORTATION TO BEGIN THE PROJECT AS SOON AS POSSIBLE. VOTE: ALL AYES. MOTION CARRIED.

COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER WILSON TO DELEGATE THE TOWN MANAGER TO WORK WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AND TO APPROVE ANY PLAN CHANGES. VOTE: ALL AYES. MOTION CARRIED.

III. ADJOURNMENT

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







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WednesdayNovember 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: Mayor StaceyVice Mayor GugliettaCommissioner PriceCommissioner WaltersCommissioner Wilson

Others Present: Town Attorney GougelmanTown Manager Higginbotham37 members of the publicTown Clerk Masny

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


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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


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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


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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


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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


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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.


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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)


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


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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


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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.


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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.


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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


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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.


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.


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____________________________________WILLIAM G. STACEY, MAYOR





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WEDNESDAYDecember 15, 2004

7:00 p.m.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 7:00 p.m. on Wednesday, December 15, 2004 in the Community Center. Mayor Stacey also led the Pledge of Allegiance

Present: Mayor StaceyVice Mayor WilsonCommissioner GugliettaCommissioner PriceCommissioner Walters

Others Present: Town Manager HigginbothamTown Attorney GougelmanPolice Chief Syrkus18 members of the publicTown Clerk Masny

I. CHANGES TO THE AGENDA.

There were no changes to the agenda

II. NON-SCHEDULED CITIZEN COMMENTS (3-MINUTE LIMIT PLEASE)

Frank Thomas, 606 Atlantic Street commented that there is a problem with the history information in the last newsletter being accurate and asked who Joe History is and advised that this article and the history article on the website does not reflect well onto the Town. Mr. Thomas was requested to make corrections to the articles and forward these to the Town Manager.

Sara Renner, 411 Oak Street commented that regarding the special meeting tonight, it is very important that the Town does not make a mistake and take away from the Board of Adjustment an opportunity to discuss and make a decision regarding the Hamilton lawsuit and that Commissioner Price is not given a vote in the issue because he has lost his opportunity to be objective as he accepted money from the Hamiltons.

Frank Cariou, 215 Dogwood Avenue commented that Mrs. Renner is not the only one who feels this way and that Commissioner Price put himself in a compromising position by accepting $1,200 in campaign funds from Mr. Hamilton and should excuse himself from discussing any matters in the special meeting.


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Karen Robins, 208 First Avenue commented that those who signed the height petition still have strong feelings and that the Board of Adjustment should be able to hear the Hamilton case and those who accepted any campaign funds from the Hamiltons or anyone else should excuse themselves from the vote. Mayor Stacey asked that the Town Attorney explain what will happen in the special meeting. Town Attorney Gougelman reported that there are four (4) lawsuits, one (1) is against West and Abraham, who have filed a petition with the Board of Adjustment; there are two (2) lawsuit against Commissioner Wilson; and, one (1) against the Town that is seeking that the Town be prohibited from holding the Board of Adjustment meeting. He reported that a settlement proposal was received and asked that the meeting be convened of the Town Commission to discuss the settlement offer, which leads to litigation strategies and you do not want others privy to these strategies. Town Attorney Gougelman advised that this executive session meeting is permitted by Florida Statutes and is one (1) of the few instances where a Town Commission can hold a closed-door meeting.

Mayor Stacey commented that he received many telephone calls today regarding this special meeting and advised that the residents will be well represented.

Tom Shaw, 406 Riverside Drive commented that either the website is off or the closed meeting was earlier, than what was originally published. Mr. Shaw thanked for the display of history at the pier as it is a wonderful piece of work; however, a portion of the display has come loose and needs to be repaired because it is warping and the display will be destroyed. Mr. Shaw commented that the Town should consider a fine against Djon as he has 2, 55 gallon drums of cooking oil waste that have been on the back of the property for a year. Mr. Shaw commented that he understands the need for a closed session meeting and asked that when the transcript needs to become public, he would like the Town Commission make it public when that time comes.

Commissioner Guglietta commented that Djon’s has a code violation and the Town should take this to the Code Enforcement Board. He should be given a certain amount of time to dispose of the oil first. Commissioner Guglietta commented that if this oil leaks, it could contaminate the ground, it is a health hazard and could cause a good sized fire.

Seth Stark, 410 Fifth Avenue commented that he is in the restaurant industry and every restaurant has cooking oil and the Town should check all restaurants in Town so that is does not appear that the Town is looking at just this one (1) restaurant.

Gretchen Sauerman, 406 Atlantic Street commented that the closed door meeting is appropriate, but asked that the Town Commission consider the following: any decision that affects the civil rights of the citizens of the Town; consider any decision that removes or undermines the authority of the appointed Town board members; be very wary when someone wants a quick settlement to get the deal done today as the WRIT will be heard at the beginning of January, wait and see how this comes out; and, the Town Commission needs a closed session regarding strategy, but Commissioner Price should not be in this meeting because he has a fiduciary connection to the Hamiltons. Ms. Sauerman stated that some Commissioners are concerned about the money being spent in Town and this settlement offer sends a clear message that the Town can be bullied. Ms. Sauerman urged the Town Commission not to make a hasty settlement.

Commissioner Price stated to Ms. Sauerman that she is making an assumption about him and she does not know him and the $1,200 he received was a legal contribution to a campaign.


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Mark Abraham, property owner near Mr. Hamilton commented that he is one of those being sued by Mr. Hamilton and pointed out that no one has sued the Hamiltons. Mr. Abraham pointed out that the WRIT is in process and there will be another hearing the first week in January and he sees this current tactic as a preemptive move to strike a deal and asked that the Town Commission not take away the citizens’ rights to participate in government and involve themselves in free speech. Mr. Abraham advised that some believe there was a malicious intention of some sort, which is slowly being discovered through the process that there is no malicious intent and this is a case of citizens standing up for the rule of law that is already a part of our governmental system in Melbourne Beach. Mr. Abraham asked that the Town Commission stand up and defend the rules that all must abide to. Mr. Abraham asked if the Town Attorney received a letter today from his attorney and also the citing of the case. Town Attorney Gougelman advised that he did receive the letter and that he will bring this up in the Town Commission’s executive session.

III. APPROVAL OF MINUTES: OCTOBER 20, 2004 REGULAR MEETING NOVEMBER 9, 2004 SPECIAL MEETING NOVEMBER 17, 2004 REGULAR MEETING

Vice Mayor Wilson requested that in the minutes of the November 17, 2004 regular meeting, on Page 16, third paragraph, third line, change “Walters” to “Wilson.”

COMMISSIONER PRICE MOVED, SECOND COMMISSIONER GUGLIETTA TO APPROVE THE MINUTES OF OCTOBER 20, 2004 REGULAR MEETING, NOVEMBER 9, 2004 SPECIAL MEETING AND NOVEMBER 17, 2004 REGULAR MEETING AS AMENDED. VOTE: ALL AYES. MOTION CARRIED.

IV. REPORTS BY ANY TOWN BOARD OR COMMITTEE SUBMITTING A REPORT

Ann Downing of the Williams Building Ad Hoc Committee advised that the Park Board approved a fund raiser for a pet event in Ryckman Park and thought that the Chairman of the Parks Board would be here to discuss this. Ms. Downing advised that the Committee gave the Parks Board a lot of details and they approved the event and she thought that the Town Commission is to accept the idea. Mayor Stacey advised that the Park Board should present this idea and asked that this be brought back at the January meeting. Vice Mayor Wilson mentioned that the Town has an ordinance prohibiting dogs in the park. Ms. Downing advised that this will have to be an exception to the rule and Ms. Downing was requested to discuss the details of the event with the Town Manager.

V. CONSENT AGENDA: A. APPROVAL OF EXPENDITURE OF $300 FROM THE LEGISLATIVE PROMOTIONAL ACTIVITIES BUDGET FOR KEEP BREVARD BEAUTIFUL’S 22ND ANNUAL TRASH BASH SCHEDULED FOR APRIL 16, 2005.

COMMISSIONER WILSON MOVED, SECOND COMMISSIONER PRICE TO APPROVE AN EXPENDITURE OF $300 FROM THE LEGISLATIVE PROMOTIONAL ACTIVITIES BUDGET FOR KEEP BREVARD BEAUTIFUL’S 22ND ANNUAL TRASH BASH SCHEDULED FOR APRIL 16, 2005 VOTE: ALL AYES. MOTION CARRIED.

B. APPROVAL OF A MUNICIPAL ACCOUNTANT POSITION.

Town Manager Higginbotham stated that the Town Commission approved a budget for a full-time Finance Clerk and a part-time Accountant and he is requesting a full time Municipal Accountant and part-time


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Finance Clerk and eliminate the full time Finance Clerk position. Mayor Stacey asked if the Town can do anything for the current Finance Clerk if it eliminates her position? Town Manager Higginbotham commented that the Town does not have the funding to maintain this position, but she could fill the part-time position, but this decision will be made by the accountant. Town Manager Higginbotham stated that he does not believe four (4) hours per day will be necessary for this position. Mayor Stacey commented that he is concerned that someone needs to be at the front desk from 11:30 a.m. until 1:30 p.m. for the public. Town Manager Higginbotham stated that the window is presently staffed from 8:00 a.m. until 5:00 p.m., without interruption as a person in the Finance Department sits at the window when Elena is at lunch. Commissioner Guglietta commented that this position has been advertised in the Datagram and asked if the Town has the money budgeted for this position? Town Manager Higginbotham reported that we have sufficient funds because we budgeted for a full-time clerk and roughly 20 hours per week for an accountant. Commissioner Guglietta asked if this person can work with the software and communicate with the Town’s CPA firm.

Mayor Stacey opened the meeting to comments from the public regarding this agenda item.

Frank Cariou, 215 Dogwood Avenue commented that we have excellent employees in the Town and he hates to see a position eliminated. Mr. Cariou was advised that the number of hours the Finance Clerk position will be needed will be determined by the accountant.

COMMISSIONER PRICE MOVED, SECOND COMMISSIONER GUGLIETTA TO APPROVE THE MUNICIPAL ACCOUNTANT POSITION AS REQUESTED AND TO CHANGE THE FINANCE CLERK POSITION TO PART TIME, NOT TO EXCEED CURRENT BUDGETARY CONSTRAINTS. VOTE: ALL AYES. MOTION CARRIED.

VI. VI. NEW BUSINESS: A. DISCUSSION AND POSSIBLE ACTION REGARDING CHANGING BANKING SERVICES FROM SUNTRUST BANK TO BANK OF AMERICA.

Town Manager Higginbotham advised that currently the Town banks with SunTrust Bank and Bank of America has analyzed these accounts and Bank of America’s services will exceed what we receive now, and the cost savings to the Town will be small, but the services will be from a Town business. Mayor Stacey suggested that all of the Town employees get direct deposit.

Frank Thomas, 606 Atlantic Street asked if Branch Banking & Trust Company, which is located in Town had been looked at for banking services as it is the 18th largest bank in the United States. Mayor Stacey asked that the Town Manager look into the services of BB&T and if a better deal is offered, he bring it back to the Town Commission.

COMMISSIONER GUGLIETTA MOVED, SECOND VICE MAYOR WILSON TO ALLOW AUTHORIZE THE TOWN MANAGER TO CHANGE THE TOWN’S BANKING SERVICES FROM SUNTRUST BANK TO BANK OF AMERICA. VOTE: ALL AYES. MOTION CARRIED. (Above correction to minutes made by Commissioner Price at the January 19, 2005 regular meeting.)

B. DISCUSSION AND POSSIBLE ACTION REGARDING THE TOWN’S CELLULAR SERVICE PROVIDER.

Town Manager Higginbotham stated that the Town currently has Nextel service that he recommends that the Town changes it services from Nextel to Sprint. Town Manager Higginbotham stated that he


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also met with another competitor this past Monday, but it does not look like their services will be better than Sprint. The same service the Town receives from Nextel will cost about $4,500 less per year through Sprint. Town Manager Higginbotham commented that he would like to add “air card service,” which will cut the savings to about David Farrell, asked why the Town is changing when it has been announced that Nextel and Sprint are merging? Mr. Farrell was advised that this merger has not been approved as of yet and the Town Manager will keep up on the different costs.

Commissioner Walters advised that he would like to see the Town save about $10,000 more by eliminating some of the telephones as there are three (3) employees who have a Nextel phone at the cost of about $200 per month when a $300 walkie-talkie would provide the same service. Commissioner Walters commented that every police officer has a Nextel telephone, along with their personal cell phone and a department radio. Commissioner Walters stated that all of these telephones are not necessary and advised that only the Town Manager and Police Chief should have a cell phone.

Town Manager Higginbotham commented that with the 2-way radio communication system, the communication is limited if someone goes across the bridge, but the cell phone does work. He commented that with Sprint, the 2-way radio communication cost is insignificant and the cost of the cellular services is less than two-thirds (2/3) it was with Nextel. Town Manager Higginbotham stated that he understands what Commissioner Walters if referring to and that he intends to make some changes in the services for the different employees. He stated that the Police Officers have the cell service with the 2-way radio communication service and this serves as a backup radio and the funding for the cell phones/2-way communication is provided for out of the fines and forfeiture account of the 800-megahertz fund.

COMMISSIONER PRICE MOVED, SECOND COMMISSIONER GUGLIETTA TO APPROVE THE CHANGE OF THE TOWN’S CELLULAR TELEPHONE PROVIDER FROM NEXTEL TO SPRINT. VOTE: COMMISSIONER PRICE, AYE. COMMISSIONER GUGLIETTA, AYE. VICE MAYOR WILSON, AYE. MAYOR STACEY. COMMISSIONER WALTERS, NAY. MOTION CARRIED.

C. DISCUSSION AND POSSIBLE ACTION REGARDING ENTERING INTO AN INTERLOCAL AGREEMENT WITH BREVARD COUNTY TO PROVIDE CONTRACTOR LICENSING CODE ENFORCEMENT.

Town Manager Higginbotham reported that Brevard County has proposed to check with unlicensed contractors doing work in the Town and they will handle the enforcement for the Town. He reported that this agreement will allow them to enforce the contractor licensing and they will keep the fines collected and they will be doing this service on a proactive basis.

COMMISSIONER GUGLIETTA MOVED, SECOND VICE MAYOR WILSON THAT THE TOWN ENTER INTO THE INTERLOCAL AGREEMENT WITH BREVARD COUNTY TO PROVIDE CONTRACTOR LICENSING CODE ENFORCEMENT. VOTE: ALL AYES. MOTION CARRIED.

VII. REPORTS: A. TOWN ATTORNEY

Town Attorney Gougelman advised that he is in need of advice concerning litigation in the cases involving the Hamiltons and is requesting an executive session immediately following this meeting and asked that Mayor Stacey to make an announcement to the audience, as printed on a sheet of paper presented by Attorney Gougelman, before the close of this meeting.


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B. TOWN MANAGER

There was no Town Manager report


Commissioner Wilson reported that he came through the traffic light and saw the green arrow and thanked Town Manager Higginbotham for his prompt attention in getting this fixed.

Commissioner Guglietta reported that the pedway project is coming along, but there is an area between Fifth Avenue and Sixth Avenue that needs to be finished up and an area near Micka’s house where a tree needs to be removed to be finished up and requested that he be updated on this. It was discussed that the Town was awarded a stormwater grant from the Federal Emergency Management Agency and Town Manager Higginbotham reported that this has not made public, but the Town should receive $750,000. Commissioner Guglietta thanked the public works, police and fire departments for their work on the tree lighting ceremony and children’s Christmas parade.

Commissioner Price wished everyone happy holidays.

Commissioner Walters asked if the Town is keeping track of how many people attend the movies and music in the park as he has been advised that there is a low turn out and the Town pays about $500-$600 for each movie. Commissioner Walters stated that he looked at the Fire Department’s quarterly report and the agreement between the Town and Department and advised that the expenditures need to be listed on the report. Commissioner Walters thanked the volunteer fire department for the great job they did on the Children’s Christmas Parade and thanked the Brevard County Fire Department for answering the Town’s emergency calls for ambulance and paramedics during the time they are staying in our fire department while recovering from the mold issue at their station south of Town. Commissioner Walters stated that he is glad everyone is getting along fine in the departments and commented that both are doing a fine job. Commissioner Walters stated that he knows who Joe History is and he is doing a fine job. Commissioner Walters wished all happy holidays.

Mayor Stacey thanked all for the work involved in the tree lighting ceremony and parade and wished all happy holidays.

Mayor Stacey advised that the executive session meeting, which will follow this meeting, is closed to the public and will be held for one hour and those in attendance will be: Mayor William Stacey, Vice Mayor Sandy Wilson, Commissioner Paul Guglietta, Commissioner Donnie Price, Commissioner Steve Walters, Town Attorney Paul Gougelman, Town Manager W.D. Higginbotham and a court reporter designated by the Town Attorney.


There were no general Commission discussion.

VIII. ADJOURNMENT

COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WALTERS TO ADJOURN. VOTE: ALL AYES. MOTION CARRIED.



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____________________________________WILLIAM G. STACEY MAYOR





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WEDNESDAYDecember 15, 2004

COMMUNITY CENTER

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A regular meeting of the Town Commission of the Town of Melbourne Beach, Florida was called back to order by Mayor Stacey at 9:35 p.m. on Wednesday, December 15, 2004 in the Community Center.

Present: Mayor StaceyVice Mayor WilsonCommissioner GugliettaCommissioner PriceCommissioner Walters

Others Present: Town Manager HigginbothamTown Attorney Gougelman

Commissioner Walters opened discussion regarding the time to commence regular Town Commission meetings and stated that Resolution 702, adopted March 20, 2002 does not state a beginning time For meetings, rather that regular meetings of the Commission shall adjourn no later than three (3) hours after called to order. A brief discussion ensued. (Commissioner Price noted his objection to changing the meeting time from 7 p.m. to 6:30 p.m. as well as citizen objections to the change. Commissioner Walters also favored a 7 p.m. starting time as opposed to 6:30 p.m. - Correction to minutes made at January 19, 2005 regular meeting.)

COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER GUGLIETTA THAT REGULAR MEETINGS OF THE TOWN COMMISSION BEGIN AT 6:30 P.M. VOTE: COMMISSIONER WALTERS, AYE. COMMISSIONER GUGLIETTA, AYE. VICE MAYOR WILSON, AYE. COMMISSIONER PRICE, NAY. MAYOR STACEY, NAY. MOTION CARRIED.

The reconvened regular meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 9:45 p.m.

____________________________________WILLIAM G. STACEY, MAYOR

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