TOWN OF MELBOURNE BEACH
AGENDA
TOWN COMMISSION - REGULAR MEETING
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 WEDNESDAY
August 15, 2001
7:00 P.M.
COMMUNITY CENTER
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     CALL TO ORDER:                    MAYOR WILLE
     PLEDGE OF ALLEGIANCE:       MAYOR WILLE
PRESENTATION
RECOGNITION OF STATE REPRESENTATIVE MIKE HARIDOPOLOS: PRESENTATION OF GRANT AWARDS 
FROM FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM FOR LOGGERHEAD PARK 
PRESERVE
REPORTS FROM TOWN BOARDS AND COMMITTEES
 

I.      NON-SCHEDULED CITIZEN COMMENTS (3-MINUTE LIMIT, PLEASE) 
        Comments will be heard on items that do not appear on the agenda of this meeting.  Note, however,
        that state law and administrative rules prevent the Town Commission from taking any formal action on 
        any item discussed at this time.  The Town Commission may schedule such items as regular agenda 
        items and act upon them in the future.  The Mayor is authorized to limit discussion, as necessary, with 
        each commentary limited to 3 minutes.
II.     REPORT OF MARK CRISPEN, BLUE RIBBON MUNICIPAL COMPLEX REVIEW AND ADVISORY 
        COMMITTEE CHAIRMAN, AND PRESENTATION OF A LETTER APPROVED AT THEIR MEETING 
        HELD ON THURSDAY, AUGUST 9, 2001 REQUESTING THAT THE TOWN COMMISSION SCHEDULE 
        A SPECIAL MEETING ON THURSDAY, AUGUST 29, 2001 TO REVIEW THEIR FINDINGS AND 
        RECOMMENDATIONS REGARDING THE MUNICIPAL COMPLEX MASTER PLAN.  THE LETTER 
        ALSO REQUESTS THAT A SPECIAL  MAILER BE SENT TO ALL CITIZENS OF THE TOWN INVITING 
       THEM TO ATTEND THIS MEETING.
III.    DISCUSSION AND POSSIBLE ACTION REGARDING THE PROCESS AND DEADLINE INVOLVED 
        FOR  CONSIDERATION OF WHETHER OR NOT A REFERENDUM QUESTION SHOULD BE PUT 
        ON THE BALLOT   FOR VOTERS TO DECIDE IN NOVEMBER. (REQUESTED BY COMMISSIONER 
        STARK)

IV.     PUBLIC HEARING
         A.      ORDINANCE NO. 2001-01 (TABLED JULY 24, 2001)
        AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA 
        RELATING TO  QUALIFYING TO RUN FOR TOWN COMMISSION; AMENDING SECTION 2.02, 
        TOWN CHARTER, REPEALING  PROVISIONS RELATING TO THE TIME OF QUALIFICATION 
        FOR OFFICE THAT PROVIDE FOR THE  QUALIFYING PERIOD BEING DURING A PERIOD 
        FORTY-NINE TO SIXTY DAYS PRIOR TO THE ELECTION  OF TOWN COMMISSION MEMBERS; 
        CREATING SECTION 13-6, TOWN CODE, PROVIDING FOR THE TIME  OF QUALIFICATION 
        BEING DURING A PERIOD SEVENTY TO EIGHTY-ONE DAYS PRIOR TO THE ELECTION 
        OF THE TOWN COMMISSION MEMBERS TO ACCOMMODATE THE NEW ELECTION 
        SCHEDULE IN THE YEAR 2002; 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.
        B.      RESOLUTION NO. 685
        A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA 
        REQUESTING THAT THE BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS 
        APPROVE THE PLAN PROPOSED BY THE WILLIAMS BUILDING AD HOC COMMITTEE 
        AND AUTHORIZE COUNTY STAFF TO NEGOTIATE TERMS OF AN INTERLOCAL 
        AGREEMENT BETWEEN BREVARD COUNTY AND THE TOWN OF MELBOURNE 
        BEACH FOR THE REHABILITATION, LEASE AND OPERATION OF THE FACILITY; 
        PROVIDING AN EFFECTIVE 
        DATE.
V.     OLD BUSINESS:
        A.      DISCUSSION AND POSSIBLE ACTION REGARDING AN AGREEMENT WITH ANDREW 
        HAMENT, LABOR COUNSEL. (TABLED JULY 24, 2001)
    B.      REVIEW AND POSSIBLE ACTION REGARDING PROPOSAL FROM LAWANDALES  
        PLANNING AFFILIATES FOR COMMUNITY CENTER GRANT ADMINISTRATION. (JULY 24, 2001)
VI.     NEW BUSINESS:
        A.   ACCEPTANCE OF TOWN CLERK’S RESIGNATION TO SERVE AS INTERIM TOWN 
        MANAGER.

        B.   APPOINTMENT OF INTERIM TOWN CLERK

        D.   APPOINTMENT OF SGT. CARL BAILEY TO SERVE AS INTERIM POLICE CHIEF, 
        PROVIDING FOR A SALARY ADJUSTMENT.  

        E.   DISCUSSION AND POSSIBLE AUTHORIZING MAYOR WILLE TO NEGOTIATE AN 
        EMPLOYMENT AGREEMENT WITH SUSAN BOYER TO SERVE AS INTERIM TOWN MANAGER; 
        REVIEW OF TERMS. 
        
        F.   RESOLUTION AMENDING THE FY 2000/2001 TOWN BUDGET TO ALLOW FOR TRANSFERS  
        AND ADJUSTMENTS FOR THE CURRENT FISCAL YEAR.

        G.   TOWN BOARD APPOINTMENTS, REAPPOINTMENTS & RESIGNATIONS 
            
VII.      REPORTS
           A.      INTERIM TOWN MANAGER
           B.      TOWN ATTORNEY
VIII.     TOWN COMMISSION ANNOUNCEMENTS, COMMENTS & REPORTS
          
IX.       ADJOURNMENT



 
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.
TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - REGULAR MEETING
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 TUESDAY
August 15, 2001
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 Wille at 7:04 p.m. on Wednesday August 15, 2001 in the Community Center.  
Mayor Wille also led the Pledge of Allegiance to the Flag.
                                                     Present:                        Mayor Wille
                                                                            Commissioner  Smith
                                                                            Commissioner  Stacey
                                                                            Commissioner  Stark
                                                     Late:               Vice Mayor Remark
                                                                  
                                               Others Present:   Town Attorney Gougelman
                                                                           Acting Town Manager Ciummo
                                                                           Donnie Price, Chairman Parks Board
                                                                           Mark Crispen, Chairman Blue Ribbon 
                                                                           Municipal Complex Committee
                                                                           Jeanne Allen, Environment Advisory Board Member 
                                                                           Ann Downing, Williams Building  
                                                                           Ad Hoc Committee Member
                                                                           Administrative Assistant/Secretary Wiley
 PRESENTATIONS
RECOGNITION OF STATE REPRESENTATIVE MIKE HARIDOPOLOS: PRESENTATION OF GRANT 
AWARDS FROM FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM FOR LOGGERHEAD 
PARK PRESERVE
Mayor Wille welcomed State Representative Haridopolos to the Town of Melbourne Beach and to the Town 
Commission meeting.  Representative Hariodpolos presented to Mayor Wille a replica of a check for $50,000 
from the State of Florida. 
REPORTS FROM TOWN BOARDS AND COMMITTEES
Jeanne Allen, Alternate Member of the Environmental Advisory Board, came forward to discuss the Loggerhead 
Park Preserve.  Ms. Allen explained that the Department of Environmental Protection said that the setback for 
the boardwalk at Loggerhead Park Preserve would have to be 30 feet from the actual dune.  She presented the 
Town Commission with a new drawing of the proposed boardwalk plan.  As the Commission did not have an 
opportunity to review the proposal, it was decided that this item would be put on the next Town Commission 
meeting agenda.  Ms. Allen brought to the attention of the Commission that the window for building the dune 
crossover would be between November of this year and February 2002.  

Ms. Allen explained that the property north of Loggerhead Park Preserve was under contract and the prospective
 buyer had forty days to close the sale.  If the sale did not go through, than the property could become available 
to the Town again.  Mayor Wille thanked Ms. Allen for her efforts and that they were appreciated.

Donnie Price, Jr., Chairman and Lori Wille, Vice Chairman of the Parks Board came before the Town 
Commission.  Chairman Price asked Acting Town Manager Ciummo about the status of the plans for Ryckman 
Park.  Town Manager Ciummo reported that she had forwarded the Board’s concerns to Jack Rood and that he 
and Rochelle Lawandales would review them.  She indicated that the Parks Board would be working directly 
with Mr. Rood.  Chairman Price reported that obtaining the playground equipment was in motion.  Acting Town 
Manager Ciummo felt that everything had been approved.  Mr. Rood had some concerns and wanted to wait 
for the Blue Ribbon Committee to complete their report to see if there would be any impact on the park.  
Apparently there was none so the Parks Board could go forward.  Vice Chairman Wille clarified that the Board 
would coordinate with Mr. Rood to continue the project.  Mayor Wille stated that as far as the Commission was 
concerned, as he understood it, it was full speed ahead.  Mayor Wille thanked the Parks Board for all their efforts 
and their work was appreciated.
I.      NON-SCHEDULED CITIZEN COMMENTS (3-MINUTE LIMIT, PLEASE) 
Melvin L. Malonee, 206 Surf Road requested a short presentation be made on what was printed in the newspaper 
about the Town Manager and the Police Chief.  He would appreciate a short summarization.  The Mayor explained 
the events and meetings that led up to the Town Commission’s decision to terminate Nancy Ciummo’s contract 
and to accept Steve Walter’s resignation.

Richard D. Thall, 502 Sunset Boulevard requested the Mayor to go into detail as to what the discussions were 
about what he had mentioned in his synopsis of Mr. Mellone’s previous request and how they related to the 
overall Commission and proposal for the Town of Melbourne Beach.  Mayor Wille felt that he summarized what 
took place and how the situation was at that moment.  The Mayor then suggested that everything that occurred 
was public record and offered that anyone could request these records.  

Jack L. Garrison, Jr., 415 Sixth Avenue explained his feelings about the situation concerning the town manager 
and the police chief positions and gave the Town Commission some advice.  Mayor Wille welcomed Mr. Garrison 
back to town and looked forward to his participation and included all of the audience to come out to the meetings 
and involve themselves.
   
Fred Remark, 707 Atlantic Street explained his opinion of the town manager and police chief situation. He felt that 
it was very important that people should acquire facts before making statements.  Dr. Remark also felt that the 
Town was heading in the right direction.
Mike Schram, 216 Fifth Avenue asked if the Town had procedures with respect for grievances? Acting Town 
Manager Ciummo explained that there were procedures and when there were valid grievances those 
procedures were followed.  Commissioner Stark referred to the mediation process and again pointed out 
that there was a public record of the process for anyone who wished to review it. 

Michael Fufidio, 205 Second Avenue commented upon his observation of the termination of the Town 
Manager and the resignation of the Police Chief.  Mayor Wille explained what the Town Commission was 
charged to do by the Charter concerning the Town Manager and her contract.  Because the Police Chief’s 
resignation contained certain conditions of fiscal impact, the Town Commission had to approve the conditions 
and thereby the resignation took effect.

Robin Rigsby, 421 Sixth Avenue had a comment that could be applied wherever it would fit.  She stated that 
both Jack (Mr. Garrison) and the Chief were her neighbors and they are both very extremely fine people and 
she took umbrage at any slight that might have been directed at them.  

Paul Guglietta, 318 Fourth Avenue made observations about the Town of Melbourne Beach and how he felt that 
the Town Commissioners were there to listen to and work for the residents of the Town. 

Steve Walters, 416 Sixth Avenue voiced his opinion of the situation of his resignation and he thanked 
Commissioners Smith and Stark for their actions during that time
II.     REPORT OF MARK CRISPEN, BLUE RIBBON MUNICIPAL COMPLEX REVIEW AND ADVISORY 
COMMITTEE CHAIRMAN, AND PRESENTATION OF A LETTER APPROVED AT THEIR MEETING HELD 
ON THURSDAY, AUGUST 9, 2001 REQUESTING THAT THE TOWN COMMISSION SCHEDULE A SPECIAL 
MEETING ON THURSDAY, AUGUST 29, 2001 TO REVIEW THEIR FINDINGS AND RECOMMENDATIONS 
REGARDING THE MUNICIPAL COMPLEX MASTER PLAN.  THE LETTER ALSO REQUESTS THAT A 
SPECIAL MAILER BE SENT TO ALL CITIZENS OF THE TOWN INVITING THEM TO ATTEND THIS 
MEETING.

Mark Crispen, 304 Orange Street came forward and introduced himself as the Chairman of the Blue Ribbon 
Municipal Complex Review and Advisory Committee that was put into place by the Town Commission in 
February by Resolution 676.  He explained that the Committee was charged with looking at the existing 
Municipal Complex Plan and to make recommendations to the Commission at a point in time for proceeding 
with the project.  The Committee had met since April and they had concluded their efforts.  Mr. Crispen 
proceeded to read a letter from the Committee dated August 10, 2001 (copy attached).  

The Committee requested a public forum be set without getting into the specifics of their recommendations 
until everybody in the Town had an opportunity to know when the Committee was to present their 
recommendations. The Committee hoped that there would be a great turnout and that everyone who cares 
about the issue would be there.  Mr. Crispen made a point that the Committee’s recommendation was from
 their study and meetings and that the Town Commission would be hearing their recommendations at the 
same time as the residents of the Town.  

Mayor Wille asked that the Committee be flexible in their time frame as there was limited town staff.   Mr. 
Crispen said that at the presentation the Committee would talk about the steps that were taken, the study 
they undertook which was parallel with the steps the Town Commission had taken for the last three years, 
and to share with the residents how difficult this project was and to share a lot of that with the residents.  
Mr. Crispen emphasized that their recommendation be used as a basis for deliberations by the Town 
Commission.  He said that there was never a final drawing with every square foot included, as there wasn’t 
time for that.  The Committee felt that it was important to get something to the Commission before the end 
of the summer so that there was adequate time if there was to be a referendum or whatever the Commission 
needed to act upon.  

Commissioner Stark pointed out that there were two parts to their request: one being a request for a public 
meeting and the other for information to be disseminated to the community through a special mailing and that 
would need to be authorized by the Town Commission.  

Mr. Crispen said that the Committee would put the mailer together and the Town staff would mail it out.  He 
again stressed that it was important that everything that had to do with the municipal complex be done in full 
view and allow everyone ample time to be at the presentation.  

It was clarified by Commissioner Stark and Attorney Gougelman that as the Committee was in existence until 
the end of the presentation that the Sunshine Laws would apply.
 
During the Town Commission discussion Commissioner Stark asked if the Committee needed approval of funds 
for the mailing.  Mayor Wille explained that the Committee already had approval to utilize staff, consultants and 
so forth.  Mayor Wille then asked for logistics as to who would be doing what.  Mr. Crispen said that he, the 
Committee, and Town staff could take care of producing the mailer and organizing all aspects of the presentation 
if the Town Commission would give their approval.  

COMMISSIONER STARK MOVED, SECOND VICE MAYOR REMARK TO APPROVE THE BLUE RIBBON 
MUNICIPAL COMPLEX REVIEW AND ADVISORY COMMITTEE TO SCHEDULE A PRESENTATION TO THE 
TOWN COMMISSION AND RESIDENTS OF MELBOURNE BEACH TO REVIEW THEIR FINDINGS AND 
RECOMMENDATIONS REGARDING THE MUNICIPAL COMPLEX MASTER PLAN.  
VOTE: ALL AYES. MOTION CARRIED.

 Mayor Wille extended on behalf of the citizens of Melbourne Beach and the Town Commission a thank you 
to Mr. Crispen and the Committee for all of the hard work and diligence that they had put forth.
III.    DISCUSSION AND POSSIBLE ACTION REGARDING THE PROCESS AND DEADLINE INVOLVED 
FOR CONSIDERATION OF WHETHER OR NOT A REFERENDUM QUESTION SHOULD BE PUT ON THE 
BALLOT FOR VOTERS TO DECIDE IN NOVEMBER. (REQUESTED BY COMMISSIONER STARK)

Commission Stark reviewed the concerns that were presented at the February meeting at Gemini. Commissioner 
Stark reported that at the July Town Commission meeting there was a brief discussion concerning a referendum 
and the Town Clerk was directed to obtain information on deadlines if it was to be put on the November ballot 
and what the process was.  Commissioner Stark said that the Town Attorney was prepared to present all the 
options, deadlines and information for the Commission to consider.  

Attorney Gougelman explained the procedures for putting a referendum question on the November ballot or by 
a mail ballot.  He emphasized the importance of the question that would be put to the electorate.  Attorney 
Gougelman also explained types of binding referendums by ordinance involving an amendment to the charter 
or the code as well as a referendum by resolution, which would be nonbinding.  Attorney Gougelman had not 
had an opportunity to check with the Supervisor of Elections’ office.  Attonery Gougelman then discussed the 
form of the ballot question concerning the title, summary and it being definitive. 

The Commissioners discussed information Commissioner Smith and Commissioner Stark distributed that could 
be used by the Commission in their deliberations.    All pertinent information on this subject would be available 
for the Commissioners’ review before the next meeting.   There was discussion as to the timing of their next 
meeting in relation to the Blue Ribbon Committee’s presentation and all agreed with the importance of making 
a decision about a Municipal Complex Project referendum, its language, procedures, and processes.  Further 
discussion ensued concerning the cost of the project and the context of a possible referendum question.  

Barbara Cornett, 503 Fourth Avenue stated that if there were not a number or an upper limit in the referendum 
she would vote no. 
Jack L. Garrison, Jr., 415 Sixth Avenue made some suggestions to the Commission on the process of choosing 
contractors, bidding, and keeping the costs down.  Mr. Garrison felt that some things had to be accepted by 
the residents and then decide if the Town does or does not need new facilities.  He continued to discuss 
designs, contractor incentives, and ways to protect the Town from the project costing too much.  

Tod Murto, 401 Acacia Boulevard felt that perhaps the complex design was too large and suggested that the 
Town purchase a large tract of land such as the one by Publix so that the Town could build for now and allow
future expansion later.  He also suggested using commercial space for a time and enable the Town more 
time to think about the project.  

Chuck Baird, 1111 River Road distributed and discussed an updated chart on the size of the various municipal 
complexes in the area and how it might affect the referendum issue.

Carolyn Garrison, 415 Sixth Avenue felt that the residents at this point were uninformed on the issue of the 
municipal complex and they should hear the Blue Ribbon Committee’s presentation. She suggested that 
the residents ask the Committee, who researched it, the questions that were being asked of the Commission.  
Ms. Garrison pointed out that the residents needed to be educated and then they could vote on the issue.     

Jan Futch, 806 Oak Street said that she reviewed the plans for the municipal complex and she felt that it 
was the best use of the land and previous concerns had been resolved.  Ms. Futch felt that the new complex 
was necessary but she had some concern and questions about the bond and the increase of construction prices.  

Steve Walters, 416 Sixth Avenue stated that the support of the people was needed for the Town to spend 2 million 
dollars, the single largest expenditure the Town had ever considered making.  He stated that the people had a right 
to vote on it.

Paul Guglietta, 318 Fourth Avenue stated that he felt that it was obvious that the Town needed a new Town Hall 
but he felt strongly that the residents should have an opportunity to vote on it.  

Kathy Heyl, 401 Andrews Drive felt that a referendum was necessary and then listed several items she thought 
needed to be addressed and defined such as the need for improvement, spatial needs, satisfactory space for 
Town employees and where the complex will be.  She also felt that with the amount of money that was in the 
community that should not be an issue but what was the issue was that the residents determine what to do.

Robert Dwyer, 218 Third Avenue extended his appreciation for all of the time that the Commission had put into 
this plan.  He felt that a binding instrument was needed and explained why.  
Seth Stark, 410 Fifth Avenue expressed the need for a new complex.  Mr. Stark as a volunteer fireman stated 
that the fire station was inadequate and too much time had already been spent on the issue.  Mr. Stark felt 
that the Town needed to get on with it and take it to a vote.  Mayor Wille explained what the volunteer fire 
department means to the taxes and the budget of the community.  Commissioner Stark stated that if the 
Town were to pay the salary of a firefighter for 24 hours, it would between $200,000 and $250,000 a year.  
She also stated figures over 3 years saved in salaries would pay for the new building.  

Bob Gauthier, 400 Sunset Boulevard introduced himself as a member of the Blue Ribbon Committee.  He 
wanted to assure the people in attendance that the Committee had addressed all of the issues.  Mr. Gauthier 
offered to answer any questions any residents might ask of him at a later date.

Mike Block, 310 Sixth Avenue stated that he felt if the populous was educated as to why the complex was 
needed, the referendum was voted upon, then the answer would be clear.  

Xochitl Ross, 1106 Atlantic Street felt that she wanted to have a vote on this issue that she had been aware 
of it for several years but felt that it should have been made more of a community project.

Betsy Baird, 1111 River Road stated that the Town really needed new facilities and felt there needed to be 
a referendum.  She said that everyone should work together and let the people be a part of the decision making.  
She requested that there be answers about the bond and other fiscal questions.  

Mayor Wille reviewed the process when the bond was chosen and ramifications of using the bond.  He also 
explained other financing aspects (reserves, Town revenues, etc) for the complex.  

Mark Crispen, 304 Orange Street explained that he was on the Blue Ribbon Committee and part of their learning 
process was to tour the Town Hall, Police Department, Public Works Department and the Fire Station.  He said 
that he was appalled at the condition of the municipal complex as it was now.  Mr. Crispen suggested that residents
tour the facilities so those residents could have the proper background to make a decision when voting.  

Alice Graham, 305 Fifth Avenue observed that there had been a lot of discussion and she felt the census was to 
take some action that evening so everyone could be happy about it.

Dave Campbell, 305 First Avenue suggested that the Mayor’s discourse on the financial aspects of the project be 
put in the newsletter as many people have the concern of where the money would come from.  He also felt that 
the Town got the money first before the building was planned.
Jean Marshall, 410 Sixth Avenue asked the Town Commission to trust the citizens who elected them and that 
per the agenda, the Commission could take action that evening.

Fred Remark, 707 Atlantic Street asked several questions concerning a flyer that was distributed around Town 
and asked for clarification of some of its points.  Dr. Remark made several observations concerning some of the 
information on the flyer.  

Greg Solloway, 517 Avenue B asked to have an opportunity to have the data and give the people a choice.

The Town Commission took a break at 9:40 P.M. and resumed the meeting at 9:50 PM.

Following discussion by the Commission, the following motion was made.

COMMISSIONER STARK MOVED, SECOND VICE MAYOR REMARK AT THE CONCLUSION OF THE BLUE 
RIBBON MUNICIPAL COMPLEX REVIEW AND ADVISORY COMMITTEE PRESENTATION THAT THE 
COMMISSION AT A SPECIAL MEETING MAKE A DEFINITE STAND YES OR NO TO PUT IT TO 
REFERENDUM AND THAT THE QUESTION BE DEVELOPED WITHIN A TIME PERIOD SHORTLY 
AFTER THAT.  
VOTE: ALL AYES.  MOTION CARRIED.

Mayor Wille asked to bring forward agenda item VI. A.  as Debbie Bradley from Hoyman, Dobson & 
Company was there to address the item.
VI.     NEW BUSINESS:
A.      CONSIDERATION OF ENGAGEMENT LETTER FROM HOYMAN, DOBSON & COMPANY, P.A. FOR 
AUDIT SERVICES FOR YEARS ENDING SEPTEMBER 30, 2001, 2002 AND 2003.

Acting Town Manager reviewed her recommendation to retain the services of Hoyman, Dobson & Company, P.A.  
Ms. Bradley confirmed that the letter of engagement would extend their work for three years and she gave the 
Town a set price for the three-year term.  

COMMISSIONER SMITH MOVED, SECOND COMMISSIONER STACEY TO APPROVE A THREE YEAR 
AGREEMENT WITH HOYMAN, DOBSON & COMPANY, P.A. FOR AUDIT SERVICES FOR YEARS ENDING 
SEPTEMBER 30, 2001, 2002 AND 2003.  
VOTE: ALL AYES.  MOTION CARRIED.

Mayor Wille asked if there were other non-staff people waiting to present items to the Commission and Jeanne 
Allen was there to represent the Williams Building Committee.  The following agenda item was taken up.
IV.     PUBLIC HEARING:
B.      RESOLUTION NO. 685
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA REQUESTING 
THAT THE BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE THE PLAN PROPOSED 
BY THE WILLIAMS BUILDING AD HOC COMMITTEE AND AUTHORIZE COUNTY STAFF TO NEGOTIATE 
TERMS OF AN INTERLOCAL AGREEMENT BETWEEN BREVARD COUNTY AND THE TOWN OF MELBOURNE 
BEACH FOR THE REHABILITATION, LEASE AND OPERATION OF THE FACILITY; PROVIDING AN EFFECTIVE 
DATE.

Town Attorney Gougelman read Resolution 685 by title.  There was some discussion concerning building codes 
and inspections and clarification by Town Attorney Gougelman that this would fall under the Town of Melbourne 
Beach’s jurisdiction.  Mayor Wille suggested under Section 2 (d) Grants that the wording in the second sentence 
be changed to “The Town of Melbourne Beach will serve as the recipient of awarded funds and the Williams 
Building Ad Hoc Committee will act in an advisory capacity in the use of the funds.”  

Mayor Wille opened the public hearing for comments regarding Resolution No. 685.   There were no comments 
from the public.
 
VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STACEY TO APPROVE RESOLUTION NO. 685 
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA REQUESTING THAT 
THE BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE THE PLAN PROPOSED BY THE 
WILLIAMS BUILDING AD HOC COMMITTEE AND AUTHORIZE COUNTY STAFF TO NEGOTIATE TERMS OF AN
INTERLOCAL AGREEMENT BETWEEN BREVARD COUNTY AND THE TOWN OF MELBOURNE BEACH FOR 
THE REHABILITATION, LEASE AND OPERATION OF THE FACILITY; PROVIDING AN EFFECTIVE DATE WITH 
THE CHANGES AS NOTED.  
VOTE:  ALL AYES.  MOTION CARRIED.

IV.     PUBLIC HEARING:
A.      ORDINANCE NO. 2001-01 (TABLED JULY 24, 2001)
AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO 
QUALIFYING TO RUN FOR TOWN COMMISSION; AMENDING SECTION 2.02, TOWN CHARTER, REPEALING 
PROVISIONS RELATING TO THE TIME OF QUALIFICATION FOR OFFICE THAT PROVIDE FOR THE 
QUALIFYING PERIOD BEING DURING A PERIOD FORTY-NINE TO SIXTY DAYS PRIOR TO THE ELECTION 
OF TOWN COMMISSION MEMBERS; CREATING SECTION 13-6, TOWN CODE, PROVIDING FOR THE 
TIME OF QUALIFICATION BEING DURING A PERIOD SEVENTY TO EIGHTY-ONE DAYS PRIOR TO THE 
ELECTION OF THE TOWN COMMISSION MEMBERS TO ACCOMMODATE THE NEW ELECTION SCHEDULE 
IN THE YEAR 2002; 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.

Town Attorney Gougelman read Ordinance 2001-01 by title.  

VICE MAYOR REMARK MOVED, SECOND COMMISSIONER SMITH TO REMOVE FROM TABLE ORDINANCE 
NO. 2001-01.  VOTE:  ALL AYES.  MOTION CARRIED.

Mayor Wille asked if the question of dates had been resolved and it was affirmed that they had been and were in 
the Ordinance as presented.  

Mayor Wille opened the public hearing for comments regarding Ordinance No. 2002-01.  There were no comments 
from the public.

COMMISSIONER SMITH MOVED, SECOND VICE MAYOR REMARK TO APPROVE ORDINANCE 
NO. 2001-01 AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA 
RELATING TO QUALIFYING TO RUN FOR TOWN COMMISSION; AMENDING SECTION 2.02, TOWN 
CHARTER, REPEALING PROVISIONS RELATING TO THE TIME OF QUALIFICATION FOR OFFICE THAT 
PROVIDE FOR THE QUALIFYING PERIOD BEING DURING A PERIOD FORTY-NINE TO SIXTY DAYS 
PRIOR TO THE ELECTION OF TOWN COMMISSION MEMBERS; CREATING SECTION 13-6, TOWN 
CODE, PROVIDING FOR THE TIME OF QUALIFICATION BEING DURING A PERIOD SEVENTY TO 
EIGHTY-ONE DAYS PRIOR TO THE ELECTION OF THE TOWN COMMISSION MEMBERS TO 
ACCOMMODATE THE NEW ELECTION SCHEDULE IN THE YEAR 2002; 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. (FIRST READING)  
VOTE: ALL AYES.  MOTION CARRIED
V.            OLD BUSINESS:
A.      DISCUSSION AND POSSIBLE ACTION REGARDING AN AGREEMENT WITH ANDREW HAMENT, 
LABOR COUNSEL. (TABLED JULY 24, 2001)

VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STARK TO REMOVE FROM TABLE 
DISCUSSION AND POSSIBLE ACTION REGARDING AN AGREEMENT WITH ANDREW HAMENT, 
LABOR COUNSEL.  
VOTE: ALL AYES.  MOTION CARRIED.
Commissioner Smith spoke with Town Attorney Gougelman concerning the contract and he assured her 
that it was common practice to have the 3% increase in the agreement.  Commissioner Smith also said 
that she had been impressed with Attorney Hament’s professionalism and knowledge at the mediation meeting.  

COMMISSIONER SMITH MOVED, SECOND VICE MAYOR REMARK TO APPROVE THE THREE-YEAR 
CONTACT AS WRITTEN WITH ANDREW HAMENT FOR LABOR COUNSEL.  
VOTE: ALL AYES.  MOTION CARRIED.

B.      REVIEW AND POSSIBLE ACTION REGARDING PROPOSAL FROM LAWANDALES PLANNING 
AFFILIATES FOR COMMUNITY CENTER GRANT ADMINISTRATION. (JULY 24, 2001)

There was discussion to table this action until a special meeting that would follow the budget workshop 
was scheduled. The Commission would be better versed in what would take place with the Town’s 
administration and overall administration of current grants.    
  
COMMISSIONER SMITH MOVED, SECOND COMMISSIONER STACEY TO TABLE PROPOSAL FROM 
LAWANDALES PLANNING AFFILIATES FOR COMMUNITY CENTER GRANT ADMINISTRATION TO THE 
NEXT SCHEDULED MEETING AND AT THE TOWN CLERK’S DISCRETION SHE WILL SCHEDULE A 
BUDGET WORKSHOP AND SPECIAL MEETING.  
VOTE: ALL AYES.  MOTION CARRIED.

Acting Town Manager Ciummo made a recommendation, which the Town Commission agreed with, 
concerning the type of meeting that was discussed previously.

COMMISSIONER SMITH MOVED, SECOND COMMISSIONER STACEY TO SCHEDULE A SPECIAL 
MEETING ON AUGUST 21, 2001 WITH AGENDA ITEMS INCLUDING THE PROPOSAL FROM LAWANDALES 
PLANNING AFFILIATES FOR COMMUNITY CENTER GRANT ADMINISTRATION, FOSTER AND FOSTER 
PRESENTATION AND BUDGET REVIEW.  VOTE: ALL AYES. MOTION CARRIED.

VI.     NEW BUSINESS:
A.      ACCEPTANCE OF TOWN CLERK’S RESIGNATION TO SERVE AS INTERIM TOWN MANAGER.

Mayor Wille explained that Cindy Masny would fill in as Interim Town Manager until such time as the 
Commission could find a replacement for interim or permanent town manager.  He said that once the 
position was filled that Mrs. Masny would return to her previous position as Town Clerk.
COMMISSIONER SMITH MOVED, SECOND VICE MAYOR REMARK TO ACCEPT THE TOWN 
CLERK’S RESIGNATION TO SERVE AS INTERIM TOWN MANAGER.  
VOTE: ALL AYES.  MOTION CARRIED.

B.      APPOINTMENT OF INTERIM TOWN CLERK

Mayor Wille explained that it was proposed that Jane Wiley be the Interim Town Clerk to fill in for Cindy 
during the time that Cindy was Interim Town Manager.  There was discussion of compensation for the 
Interim Town Clerk’s position.  

Steve Walters, 416 Sixth Avenue wanted to know who would be in charge of the public records.  It was 
clarified that the Interim Town Clerk would be in charge of the public records.  

COMMISSION STACEY MOVED, SECOND VICE MAYOR REMARK TO APPOINT JANE WILEY AS 
INTERIM TOWN CLERK AND GIVE THE INTERIM TOWN CLERK THE SAME PERCENTAGE OF 
DIFFERENTIAL BETWEEN THE INTERIM TOWN MANAGER AND TOWN CLERK SALARY.  
VOTE: ALL AYES.  MOTION CARRIED.

D.      APPOINTMENT OF SGT. CARL BAILEY TO SERVE AS INTERIM POLICE CHIEF, PROVIDING 
FOR A SALARY ADJUSTMENT.

Mayor Wille asked Sgt. Bailey if he was willing to serve as Interim Police Chief and Sgt. Bailey said he was.

Steve Walters, 416 Sixth Avenue wanted Sgt. Bailey’s appointment to be effective August 22, 2001 as he 
did not believe the action taken on August 7, 2001 was legal and said that there was no vote on the effective 
date of his resignation.

Mayor Wille asked the Commission if it was their understanding that the resignation took effect immediately 
and that Sgt. Bailey assumed the position of Acting Police Chief on August 8, 2001.  It was their 
understanding to be so.  Acting Town Manager Ciummo pointed out that the Town Manager had the 
authority to appoint Sgt. Bailey as Interim Police Chief and the Commission was to approve the salary 
adjustment.

COMMISSIONER STACEY MOVED, SECOND COMMISSIONER SMITH TO APPROVE INTERIM POLICE 
CHIEF CARL BAILEY’S SALARY ADJUSTMENT EFFECTIVE ON AUGUST 8, 2001.  
VOTE: ALL AYES.  MOTION CARRIED.

E.      DISCUSSION AND POSSIBLE AUTHORIZING MAYOR WILLE TO NEGOTIATE AN EMPLOYMENT 
AGREEMENT WITH SUSAN BOYER TO SERVE AS INTERIM TOWN MANAGER; REVIEW OF TERMS.
Mayor Wille explained the situation and that the backup was received the morning of the Commission meeting. 
Further discussion ensued about Susan Boyer as to her availability, background checks and other questions.  
The Commissioners asked that Cindy contact the Range Riders to see who was available and to report back 
to the Commission.

COMMISSIONER SMITH MOVED, SECOND COMMISSIONER STACEY TO TABLE ITEM E TO THE 
NEXT SCHEDULED MEETING OF THE TOWN COMMISSION.  
VOTE: ALL AYES.  MOTION CARRIED.

F.      RESOLUTION AMENDING THE FY 2000/2001 TOWN BUDGET TO ALLOW FOR TRANSFERS 
AND ADJUSTMENTS FOR THE CURRENT FISCAL YEAR.

As the Commission did not have time to review the distributed backup that evening, a motion was made 
to table the item.

COMMISSIONER SMITH MOVED, SECOND COMMISSIONER STACEY TO TABLE ITEM F TO THE 
NEXT SCHEDULED MEETING OF THE TOWN COMMISSION.  
VOTE: ALL AYES. MOTION CARRIED.

G.              TOWN BOARD APPOINTMENTS, REAPPOINTMENTS & RESIGNATIONS

COMMISSIONER SMITH MOVED, SECOND COMMISSIONER STACEY TO ACCEPT THE RESIGNATION 
OF GERRY MATHESON ON THE BOARD OF ADJUSTMENT.  
VOTE: ALL AYES.  MOTION CARRIED.

VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STARK TO REAPPOINT  DAVID WILDMAN 
AS A REGULAR MEMBER OF THE BOARD OF ADJUSTMENT.  
VOTE: ALL AYES.  MOTION CARRIED. 

VII.    REPORTS:
A.      INTERIM TOWN MANAGER – no report.
B.      TOWN ATTORNEY – no report.

VIII.    TOWN COMMISSION ANNOUNCEMENTS, COMMENTS & REPORTS
Vice Mayor Remark apologized for being late to the meeting due to travel delays.  She reported that she 
had received lots of calls on the first flyer but she had not seen the second flyer until later that evening.  

Commissioner Stacey said he had received about 35 to 40 calls and he listened and diligently responded 
to them. 

Commissioner Stark said that she also had about 35 to 40 calls and three of them said not to go to ballot 
but the remainder wanted a chance to vote.  She said that the people voiced feelings such as were presented 
at the meeting tonight.

Commissioner Smith had no report.
 
Mayor Wille commented upon the need to get the enormous amount of information out to the people 
concerning the complex. Commissioner Stark volunteered to help Mr. Crispen and the Town staff with 
that task especially with the financial aspect of the project.  

COMMISSIONER STACEY MOVED, SECOND COMMISSIONER SMITH TO REQUEST COMMISSIONER 
STARK TO WORK WITH THE STAFF AND TO PRESENT A FORMATIVE PRESENTATION TO THE PUBLIC 
ON THE MUNICIPAL COMPLEX AT THE NEXT SCHEDULED COMMISSION MEETING.   
VOTE: ALL AYES.  MOTION CARRIED.

Mayor Wille reminded everyone to vote on August 21, 2001.  He asked Commissioner Stark if the Fire Hall 
meeting room could be used with the renovations that were going on. Commissioner Stark said that it was 
possible and that there was adequate space.  

Mayor Wille reported on the lift station and that he spoke with Dick Martens.  Mr. Martens offered to meet 
with anyone who was interested in meeting him in the Park to determine the best location.  The date and 
time would be passed on.
IX.     ADJOURNMENT

VICE MAYOR REMARK 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 11:05 p.m. 
________________________________________
ROBERT D. WILLE, MAYOR


________________________________________
JANE WILEY
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.