TOWN OF MELBOURNE BEACH
AGENDA
TOWN COMMISSION - SPECIAL MEETING
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 TUESDAY
AUGUST 21, 2001
7:00 P.M.
COMMUNITY CENTER
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     CALL TO ORDER:                    MAYOR WILLE
     PLEDGE OF ALLEGIANCE:       MAYOR WILLE
 
I.      PUBLIC HEARING:
       A.      RESOLUTION NO. 686      
                A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY,
                FLORIDA AUTHORIZING INTER DEPARTMENT TRANSFERS FOR FISCAL YEAR
                2000-2001 GENERAL FUND BUDGET; AND PROVIDING AN EFFECTIVE DATE.
                (TABLED AUGUST 15, 2001)
II.      OLD BUSINESS:
         A.    REVIEW AND POSSIBLE ACTION REGARDING PROPOSAL FROM LAWANDALES PLANNING 
                AFFILIATES FOR COMMUNITY CENTER GRANT ADMINISTRATION (TABLED AUGUST 15, 2001)
         B.    DISCUSSION AND POSSIBLE ACTION AUTHORIZING MAYOR WILLE TO NEGOTIATE AN 
                EMPOYMENT AGREEMENT WITH SUSAN BOYER TO SERVE AS INTERIM TOWN MANAGER; 
                REVIEW OF TERMS (TABLED AUGUST 15, 2001)
III.     NEW BUSINESS:
         A.    REPORT AND POSSIBLE ACTION REGARDING INTERIM TOWN MANAGER MASNY’S INVESTIGATION 
                OF RANGE RIDER RESOURCES FOR CANDIDATES FOR INTERIM TOWN MANAGER.
         B.    DISCUSSION AND POSSIBLE ACTION TO APPROVE PROCEEDING WITH 
                OFFICIAL ACTION TO FORMULATE A DRAFT RESOLUTION TO INCLUDE A REFERENDUM 
                QUESTION FOR APPROVAL BY THE VOTERS OF THE OVERALL MUNICIPAL COMPLEX PROJECT, 
                WITH LANGUAGE PROVIDING A COST ESTIMATE NOT TO EXCEED.  METHODS FOR REFERENDUM 
                QUESTION: NOVEMBER BALLOT, MAIL BALLOT OR SPECIAL ELECTION TO BE DISCUSSED.  
                ADDITIONAL LANGUAGE FOR BALLOT SUMMARY MAY INCLUDE SOME SPECIFIC RECOMMENDATIONS 
                FORWARDED TO THE COMMISSION BY THE BLUE RIBBON MUNICIPAL COMPLEX REVIEW AND 
                ADVISORY COMMITTEE.  (SUGGESTION THAT RESOLUTION READING WITH REFERENDUM QUESTION 
                TO BE VOTED ON BY THE TOWN COMMISSION BE REVIEWED AND ADVISORY COMMITTEE 
                PRESENTATION DATE WITH CONSIDERATION OF INTENTIONS TO PROMOTE A WELL-ADVERTISED 
                AND INFORMATIVE MEETING FOR THE PUBLIC TO HEAR FACTS AND RECOMMENDATIONS REGARDING 
                THE MUNICIPAL COMPLEX.) (REQUESTED BY COMMISSIONER STARK)
IV.     OTHER BUSINESS:
         (SECOND MEETING TO REVIEW PROPOSED TOWN BUDGET ORIGINALLY PRESENTED AT BUDGET 
          WORKSHOP HELD ON JULY 26, 2001)
          A.   REVIEW OF GENERAL FUND OPERATING BUDGET EXPENDITURES WITH DEPARTMENT HEADS – 
                DISCUSSION AND POSSIBLE ACTION.

V.      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.
MINUTES
TOWN COMMISSION
SPECIAL MEETING
AUGUST 21, 2001
A special meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by 
Mayor Wille at 7:03 p.m. on Tuesday, August 21, 2001 in the Community Center.  Mayor Wille also led the 
Pledge of Allegiance to the Flag.
 
Present:
Mayor Wille
Vice Mayor Remark
Commissioner Smith
Commissioner Stacey
Late
Commissioner Stark
Others Present
Interim Town Manager Masny
Interim Town Clerk Wiley 
Financial Clerk Prewitt
Residents (approx. 10)
PRESENTATION
REQUEST OF PENSION BOARD CHAIR, JOHN WINDSOR, FOR REVIEW AND POSSIBLE ACTION 
REGARDING PROVIDING A COST-OF-LIVING INCREASE FOR MEMBERS OF THE POLICE PENSION PLAN.  
REPORT AND PRESENTATION OF ACTUARIAL STUDY BY FOSTER & FOSTER.

Interim Town Manager Masny explained that there had been a misunderstanding with Mr. Foster about the 
time of the meeting and he was unable to attend a meeting beginning at 7:00 PM due to a previous engagement.  
This presentation will be rescheduled.
I.      PUBLIC HEARING:
       A.      RESOLUTION NO. 686      
                A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY,
                FLORIDA AUTHORIZING INTER DEPARTMENT TRANSFERS FOR FISCAL YEAR
                2000-2001 GENERAL FUND BUDGET; AND PROVIDING AN EFFECTIVE DATE.
                (TABLED AUGUST 15, 2001)
Mayor Wille read Resolution 686 by title.  As this item had been tabled the following motion was made.

COMMISSIONER SMITH MOVED, SECOND VICE MAYOR REMARK TAKE FROM THE TABLE.  
VOTE:  ALL AYES.  MOTION CARRIED. 

Interim Town Manager Masny referred to the recommendation presented by past Interim Town Manager Ciummo in her 
memo dated August 18, 2001.  There was discussion and clarification concerning some of the budget transfers.  It was 
requested that along with the monthly budget, the Commission would like a list of the capital purchases made during 
that month.  

Steve Walters, 416 Sixth Avenue requested the cost for special counsel and the difference from last year to this year.  

Financial Clerk Prewitt responded that the cost up to the date of the meeting was $12,144.08 with payments to Attorney 
Fawcett, Attorney Gager, and Attorney Hament.  

COMMISSIONER STACEY MOVED, SECOND VICE MAYOR REMARK TO APPROVE RESOLUTION NO. 686 OF 
THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AUTHORIZING INTER DEPARTMENT 
TRANSFERS FOR FISCAL YEAR 2000-2001 GENERAL FUND BUDGET; AND PROVIDING AN EFFECTIVE DATE. 
VOTE: ALL AYES.  MOTION CARRIED.
II.      OLD BUSINESS:
         A.    REVIEW AND POSSIBLE ACTION REGARDING PROPOSAL FROM LAWANDALES PLANNING 
                AFFILIATES FOR COMMUNITY CENTER GRANT ADMINISTRATION (TABLED AUGUST 15, 2001)
COMMISSIONER SMITH MOVED, SECOND VICE MAYOR REMARK TO TAKE FROM THE TABLE.  
VOTE: ALL AYES.  MOTION CARRIED.

There was some discussion on the upcoming timetable in the next two months for reports to be submitted per the grant.  

COMMISSIONER SMITH MOVED, SECOND COMMISSIONER STACEY TO APPROVE THE PROPOSAL FROM 
LAWANDALES PLANNING AFFILIATES FOR COMMUNITY CENTER HISTORIC GRANT ADMINISTRATION AT THE 
COST OF $3500.  
VOTE: ALL AYES.  MOTION CARRIED.

         B.    DISCUSSION AND POSSIBLE ACTION AUTHORIZING MAYOR WILLE TO NEGOTIATE AN 
                EMPOYMENT AGREEMENT WITH SUSAN BOYER TO SERVE AS INTERIM TOWN MANAGER; 
                REVIEW OF TERMS (TABLED AUGUST 15, 2001)
VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STACEY TO TAKE FROM THE TABLE.  
VOTE: ALL AYES.  MOTION CARRIED.

Mayor Wille explained the background concerning this item and some discussion followed.  Vice Mayor Remark 
requested that this item be further discussed when Commissioner Stark arrived.  It was the consensus of the 
attending Commissioners to go to the next item and return to this item later in the evening.  
III.     NEW BUSINESS:
         A.    REPORT AND POSSIBLE ACTION REGARDING INTERIM TOWN MANAGER MASNY’S INVESTIGATION 
                OF RANGE RIDER RESOURCES FOR CANDIDATES FOR INTERIM TOWN MANAGER.

Interim Town Manager Masny reported on her conversion with Richard Simmons with the Range Riders and referred to 
the information he had faxed to the Town that included lists from ICMA & FFCMA.  The Commissioners discussed ways 
to meet potential candidates and others who may have worked with those individuals at the Florida League of Cities 
upcoming convention.  Commissioner Smith suggested that the Interim Town Clerk look into advertising the full time 
position for Town Manager in various publications and report at the Special Meeting to be held on Tuesday, August 28, 2001.  
The staff was requested to research past processes for selecting an Interim Town Manager and/or Town Manager as well 
as a salary schedule and this information would be distributed to the Commission.  The Commissioners would also report 
on information they had gathered on potential candidates.   Commissioner Smith volunteered to call the potential candidates 
to determine their status.

Steve Walters, 416 Sixth Avenue suggested that if there was a qualified candidate within the Town or the county then the 
residents would not have to pay housing expenses.  He also suggested that the position be advertised locally.  He also 
suggested that Ms. Masny remain as Interim Town Manager and request consulting services from other town managers 
until the position for Town Manager was filled.

COMMISSIONER STACEY MOVED, SECOND COMMISSIONER SMITH TO HOLD A BUDGET WORKSHOP AT 
5:30 PM WITH DEPARTMENT HEADS ON TUESDAY, AUGUST 28, 2001 TO BE FOLLOWED BY A SPECIAL MEETING.  
VOTE: ALL AYES.  MOTION CARRIED.

         B.    DISCUSSION AND POSSIBLE ACTION TO APPROVE PROCEEDING WITH 
                OFFICIAL ACTION TO FORMULATE A DRAFT RESOLUTION TO INCLUDE A REFERENDUM 
                QUESTION FOR APPROVAL BY THE VOTERS OF THE OVERALL MUNICIPAL COMPLEX PROJECT, 
                WITH LANGUAGE PROVIDING A COST ESTIMATE NOT TO EXCEED.  METHODS FOR REFERENDUM 
                QUESTION: NOVEMBER BALLOT, MAIL BALLOT OR SPECIAL ELECTION TO BE DISCUSSED.  
                ADDITIONAL LANGUAGE FOR BALLOT SUMMARY MAY INCLUDE SOME SPECIFIC RECOMMENDATIONS 
                FORWARDED TO THE COMMISSION BY THE BLUE RIBBON MUNICIPAL COMPLEX REVIEW AND 
                ADVISORY COMMITTEE.  (SUGGESTION THAT RESOLUTION READING WITH REFERENDUM QUESTION 
                TO BE VOTED ON BY THE TOWN COMMISSION BE REVIEWED AND ADVISORY COMMITTEE 
                PRESENTATION DATE WITH CONSIDERATION OF INTENTIONS TO PROMOTE A WELL-ADVERTISED 
                AND INFORMATIVE MEETING FOR THE PUBLIC TO HEAR FACTS AND RECOMMENDATIONS REGARDING 
                THE MUNICIPAL COMPLEX.) (REQUESTED BY COMMISSIONER STARK)
There was discussion concerning the date of the Blue Ribbon Committee’s presentation to the public.  More discussion 
ensued about the resolution and if and how it would be brought to the public for a vote.  Commissioner Smith reiterated 
what Attorney Gougelman had pointed out that an ordinance was necessary if the charter was being changed but this 
issue could be addressed through a resolution.  

Mayor Wille expressed concern not to upstage the Blue Ribbon Committee’s presentation and make decisions before they 
had an opportunity to present their recommendations to the Town and to the Town Commission.  Commissioner Stark felt 
that because there was such public concern about giving the residents an opportunity to vote on a referendum that the 
decision to go to referendum could not wait until the presentation because of the time frame involved before the November 
elections.  

There was discussion of the content of the referendum question/summary that could only contain 75 words.   

Alice Graham, 305 Fifth Avenue expressed her agreement with Commissioner Stark and pointed out that this was a means 
for the people of the Town to be heard.

Jean Marshall, 410 Sixth Avenue explained what Fred Galey had told her concerning the time frame for putting a referendum 
on a ballot.  She hoped that the Town would have this ready for the November ballot as the mail ballot would cost between 
2 and 3 thousand dollars which she said she would prefer being used for a desk and computer in the new complex.

Steve Walters, 416 Sixth Avenue expressed his opinion that it needed to be on the November ballot so it wouldn’t cost 
several thousand dollars to do a mail out.  He pointed out that per his calculations and Fred Galey’s, it had to be done by 
September 6th and in Mr. Galey’s office by that date.  

COMMISSIONER STARK MOVED, SECOND COMMISSIONER SMITH FOR THE COMMISSION TO VOTE TO MOVE 
FORWARD WITH PUTTING THE MUNICIPAL COMPLEX WITH A COST NOT TO EXCEED QUESTION TO REFERENDUM 
WITH THE LANGUAGE TO BE DEVELOPED AT THE SPECIAL MEETING TO BE HELD ON TUESDAY, AUGUST 28, 2001 
AND PRESENTED TO THE PUBLIC FOLLOWING THE BLUE RIBBON COMMITTEE’S PRESENTATION.  

Vice Mayor Remark was not comfortable with putting the wording “with a cost not to exceed” in the motion that would be 
voted on that evening.  The motion was amended as following:

COMMISSIONER STARK MOVED, SECOND VICE MAYOR REMARK FOR THE COMMISSION TO VOTE TO MOVE 
FORWARD WITH PUTTING THE MUNICIPAL COMPLEX TO BALLOT AND TO DISCUSS AND DEVELOP THE LANGUAGE 
OF THE QUESTION BEING PUT TO REFERENDUM AT THE SPECIAL MEETING TO BE HELD ON TUESDAY, 
AUGUST 28, 2001 AND PRESENTED TO THE PUBLIC FOLLOWING THE BLUE RIBBON COMIITTEE’S PRESENTATION.  
VOTE:  ALL AYES.  MOTION CARRIED.

IV.     OTHER BUSINESS:
         (SECOND MEETING TO REVIEW PROPOSED TOWN BUDGET ORIGINALLY PRESENTED AT BUDGET 
          WORKSHOP HELD ON JULY 26, 2001)
          A.   REVIEW OF GENERAL FUND OPERATING BUDGET EXPENDITURES WITH DEPARTMENT HEADS – 
                DISCUSSION AND POSSIBLE ACTION.
Interim Town Manager Masny requested that because of her absence on vacation to postpone this to Tuesday, 
August 28, 2001 and have staff at the meeting.

COMMISSIONER STARK MOVED, SECOND VICE MAYOR REMARK TO POSTPONE THE BUDGET PORTION OF 
THIS MEETING TO TUESDAY, AUGUST 28, 2001.  
VOTE: ALL AYES.  MOTION CARRIED.

Mayor Wille asked if the Commissioners had anything to share.

Vice Mayor Remark explained about that the Army Engineers’ lease that would be up in 2010 in the South Reach in 
respect to beach renournishment.  Mayor Wille felt that we had been in good communication with Virginia Barker and 
via the letters sent by many residents in the Town of Melbourne Beach and the South Beaches encouraging Senator 
Nelson to vote for the renourishment funds.

Mayor Wille reported on a meeting that was held that morning with the staff and Brevard County’s Water Resources 
Department on the removal of the lift station in Ryckman Park.  The Mayor said that the wrong pump had been ordered 
so it was the consensus of the county people, staff, three members of the Parks Board that a portable generator be 
obtained by the county and stored by the sewer plant. It would be used as a backup system when the power went out.  
The Mayor explained a couple of options that Mr. Martens had concerning the system.


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

The special meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 9:40 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.