TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - Workshop Meeting

WEDNESDAY
June 1,  2005
6:30 p.m.
MASNY ROOM - TOWN HALL

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The Town Commission of the Town of Melbourne Beach met in workshop session on
Wednesday, June 1, 2005 in the Masny Room of Town Hall 507 Ocean Avenue, beginning 
at 6:30 p.m.

Present: 

Mayor Stacey
Vice Mayor Wilson
Commissioner Guglietta
Commissioner Walters
Commissioner Price

Others Present:  

Town Manager Higginbotham
Town Attorney Paul Gougelman
Interim Town Karan Rounsavall

Mayor Stacey called the meeting to order and led the assembly in the Pledge of Allegiance to the Flag.

The first item of business was continued discussion on the town manager’s employment agreement. 
(Note: This item was deferred from the May 18, 2005 regular meeting.) The mayor recognized Commissioner 
Walters to begin discussion on outstanding issues which included mileage, termination for cause, administrative 
leave, and frequency of salary adjustments. The commissioner stated that he was not trying to cause problems, 
but simply clarify the employment agreement to the extent possible to avoid any potential problems in the future 
as had occurred with previous managers. He stressed the importance of follow through on commission actions.

Commissioner Walters felt that the town manager should receive salary increases on an annual basis. The 
original agreement stated “from time to time.” Commissioner Price disagreed with any change. He did not want 
to create a “rule” that would eliminate the commission’s ability to act in what it might deem to be an extraordinary 
circumstance. As an example, he cited making a counter offer if the manager was to be offered employment 
elsewhere. As to the employment agreement overall, Commissioner Price felt that it was impossible to cover 
every situation. The commission must be willing to give the manager some latitude to function effectively. 
Attorney Gougelman commented on the “from time to time” language, stating that anything could be changed 
with three votes of the commission. There was no further discussion on this matter.

Moving on to the matter of clarifying the “consecutive” use of administrative leave, Vice-Mayor Wilson was 
comfortable with the way the agreement was written (i.e. providing that the manager could use administrative 
leave in blocks of time less than five working days). He saw no problem with using administrative leave for a 
long weekend (e.g. Friday and Monday) or with using a few days of administrative leave in conjunction with a 
vacation. Commissioners expressed a comfort level with the way the revised agreement was currently written 
with regard to administrative leave.

As to the $150 monthly car allowance, Commissioner Walters asked whether the town manager received 
mileage reimbursement at the rate of 29 cents per mile in addition to the $150 monthly allowance. Mayor 
Stacey stated his understanding of the language in the agreement to mean that the manager received the 
monthly allowance for the use of his personal vehicle within Brevard County. For travel outside of the county, 
the manager was entitled to mileage reimbursement. Attorney Gougelman pointed out that the contract provided 
that reimbursement for business travel outside the county required the commission’s approval (albeit after the fact). 
He suggested that this provision be clarified by adding “travel expenses” to the per diem/meals language for which 
the manager needed to seek the commission’s approval. This was acceptable to the commission.

The final issue dealt with the termination provisions of the employment agreement, particularly as it related to 
“for cause” termination and the payment of severance pay. The revised agreement defined “for cause” as “…a 
finally adjudicated claim of misfeasance or malfeasance. As used herein, the term ‘finally adjudicated’ shall 
include a final determination by a court of law.” The revised agreement also removed language relating to “failure 
of the manager to perform any of the duties as provided and required in the agreement.” Commissioner Walters 
did not agree with the “finally adjudicated” language nor did he understand why the provision relating to failure of 
the manager to perform was removed. At this time, he wanted to take the “finally adjudicated” language out of the 
contract as it related to a claim of misfeasance or malfeasance citing the very lengthy process that would need 
to be followed before a court made a final determination. In addition, he wanted to see the “failure to perform” language 
reinstated. The other commissioners voiced no objection to this change. Town Manager Higginbotham preferred to 
reserve comment until he saw the employment agreement in final form.

Attorney Gougelman stated that removing the “finally adjudicated” language would make it easier for the commission 
to terminate the manager for cause. However, litigation was always a possibility and he maintained his earlier position 
that if the commission wished to terminate a manager, it was usually easier just to pay the severance and be done 
with the matter. In cases where severance was not paid, the manager could sue for the severance as well as substantial 
damages in addition. 

Attorney Gougelman reviewed the changes to the agreement as he understood the commission’s direction: 
(1) remove “finally adjudicated” language (however, retain reference to a claim of misfeasance or malfeasance) 
and add back the “failure to perform” language in the termination section of the revised agreement; and
(2) add “travel” to those expenses that required the commission’s approval for reimbursement. The commission 
indicated its concurrence and the employment contract would be placed on its June 15th regular meeting agenda 
for approval. The mayor asked that the agreement be placed on consent agenda.

Attorney Gougelman was excused from the meeting at this time. Town Manager Higginbotham left a few minutes 
after the attorney.

The only other item was to review applications for the position of town clerk and develop a short list of candidates 
for interview purposes. Prior to beginning discussion, the mayor asked that the two finalists, once determined, 
be given the opportunity to meet with staff members before a selection was made. He wished to receive staff 
member input on the aspect of team fit. While the commission valued the input of the town manager in the 
selection process, invited him to be involved, and recognized the importance of a working relationship between 
the two offices, there was no majority support for a staff interview.

Commissioner Price pointed out the limited number of applications from individuals with municipal government 
experience. He felt this was due to the low starting salary of $30,000. Commissioners agreed to consider the 
current applicants before making any decision to increase the salary offer.

Commissioners provided individual short lists of candidates for the position of town clerk in writing as follows:
        Commissioner Guglietta – Yvonne Eckert, Beth Chepa/Wertz, Patricia Burke, Stephanie Hohmann, 
                                                  Lenore Milan, and Josefina Ramos
        Vice-Mayor Wilson – Lenore Milan, Donna Furfaro, Pat Burke
        Mayor Stacey – Marianne Bartman, Patricia Burke, Donna Furfaro, Lenore Milan, Yvonne Eckert
        Commissioner Walters – Lenore Milan, Yvonne Eckert, Marianne Bartman, Patricia Burke, 
                                               Candice Graves, Donna Furfaro, and Heather Atchison
        Commissioner Price – Marianne Bartman, Timothy Brady, Patricia Burke, Yvonne Eckert, 
                                           Donna Furfaro, Lisa Nicholas, Josefina Ramos, Jennifer Starr

Those candidates receiving more than one vote were selected for interviews (six individuals): Patricia Burke, 
Yvonne Eckert, Donna Furfaro, Lenore Milan, Josephine Ramos, and Marianne Bartman.

Commissioners agreed to schedule two interviews on Thursday, June 16th and four interviews on 
Saturday, June 18th. Interviews would be conducted at special meetings of the commission. The 
June 16th meeting would begin at 5:30 p.m. and the June 18th meeting would begin at 9:30 a.m.
Interim Town Clerk Rounsavall was asked to participate in the interview process.

The meeting adjourned at 8:05 p.m.

____________________________________
WILLIAM G. STACEY, MAYOR



____________________________________
KARAN ROUNSVALL , CMC
INTERIM TOWN CLERK


 Note:  a mechanical recording has been made of the foregoing procedures of which these minutes are a 
           part and is on file in the office of the Town Clerk.

PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, THE TOWN HEREBY 
ADVISES THE PUBLIC THAT: If a person decides to appeal any decision made by the 
Town Commission with respect to any matter considered at its meeting, he will need a 
record of the proceedings and that for such purpose, affected persons may need to insure 
that a verbatim record of the proceedings is made, which record includes the testimony 
and evidence upon which the appeal is to be based.  This notice does not constitute 
consent by the Town for the introduction or admission into evidence of otherwise 
inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not 
otherwise allowed by law.