TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - REGULAR MEETING
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WEDNESDAY
OCTOBER 17, 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 7:00 p.m. on Wednesday, October 17, 2001 in the Community Center. Mayor Wille also led
the Pledge of Allegiance to the Flag.
Present:
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Mayor Wille
Vice Mayor Remark
Commissioner Smith
Commissioner Stacey
Commissioner Stark
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Others Present:
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Ward V. Foster, Jr. Foster & Foster
Gail Jones, Outlaw, Rice & Jones
Town Attorney Gougelman
Interim Town Manager Masny
John Windsor, Chairman of the
Pension Board
Several Town Residents
Interim Town Clerk Wiley
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PRESENTATIONS
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.
Chairman John Windsor came forward and explained that the Pension Board had been working for several months to
help the officers improve their benefits package particularly in their retire-ment area. After reviewing several different
avenues, the Board felt that the cost-of-living adjustment for the retirees would be the way to go and the bottom line
would be how much it would cost the Town. Ward V. Foster, Jr. of Foster & Foster came forward to present the
police pension plan. He pointed out that the program was extremely well funded and one of the better programs
in the state. Mr. Foster explained that the plan receives funds from the State, Town and members. Mr. Foster
pointed out that the Town’s funding portion in 1995 was over $50,000 and it steadily went down (due to contributions
from other areas) where no contribution at the present is required by the Town. Mr. Foster continued to explain the
processes and that the suggested plan would provide the retired officers with a cost-of-living protection from the date
they retire to age 62. Then members would be eligible for reduced social security benefits to help with retirement
income from 62 on. The Town’s requirement to fund the 3% per year post retirement cost-of-living adjustment
(with contributions from the State and members) would be approximately $7,000. Mr. Foster answered some
questions Vice Mayor Remark had and talked about the plan’s history and its present status. Mr. Foster went
into the workings of the investment plan and felt that this was a conservative plan that was well managed by TRUSCO,
an arm of SunTrust. Mayor Wille thanked Mr. Foster for coming to the meeting and thanked the Board for all of their work.
COMMISSIONER STACEY MOVED, SECOND VICE MAYOR REMARK TO DIRECT INTERIM TOWN MANAGER
MASNY TO PRESENT TO THE COMMISSION AN ORDINANCE FORMALIZING THE PRESENTED RECOMMENDATION.
VOTE: ALL AYES. MOTION CARRIED.
I. REPORTS FROM TOWN BOARDS AND COMMITTEES
Parks Board Member Betsy Baird presented to the Town Commission and the Town residents a watercolor painting
of the Climbing Tree by Joyce Warner. This painting was commissioned by the Town for residents of Melbourne
Beach to remember their favorite Ryckman Park tree.
II. NON-SCHEDULED CITIZEN COMMENTS (3-MINUTE LIMIT, PLEASE)
Steve Walters, 416 Sixth Avenue expressed his disappointment in the turnout of the Blue Ribbon Committee’s
presentation at Gemini Elementary School the previous evening due he felt because of poor publicity. Mr. Walters
suggested that perhaps the Town Commission would consider some kind of sign be put up notifying residents of
meetings and that they would attend.
Ray Serwin, 413 Sixth Avenue brought to the attention of those attending the Commission meeting of the
amendments to the Brevard County charter that would be voted upon on the November 6 ballot. Mr. Serwin
read from a Florida Today article, the University of Florida newsletter and the Indian River Audubon newsletter
about the amendments and how they would affect the residents, lands and properties in this county.
Paul Guglietta, 318 Fourth Avenue reported that he had spoken with several people concerning the municipal
complex and stated his stance on the referendum issue. Mr. Guglietta felt that the meeting had been well
publicized especially in the Beach Comber and the sign at the 4 way stop. Mr. Guglietta pointed out that the
referendum issue did need to be publicized and explained to the residents the “non-binding” status of the vote.
Vice Mayor Remark pointed out that she felt in reality the Commissioners would vote according to the residents’
vote on the referendum and “non-binding” was a non-issue. There was further discussion among the Commissioners
and the Town Attorney Gougelman on the subject of referendums such as the library referendum and the upcoming
referendum concerning the municipal complex. It was also pointed out that Town funds could only be spent to
educate the residents about the referendum and not to sway their vote either way.
III. APPROVAL OF MINUTES: JULY 26, 2001 SPECIAL MEETING
JULY 26, 2001 BUDGET WORKSHOP
AUGUST 7, 2001 SPECIAL MEETING
Commissioner Smith requested the following corrections in the July 26 Special Meeting minutes: page 2,
paragraph 3, the motion should read…Mayor Wille to go to; under II, paragraph 3, it should read…Parks Board;
and in the August 7 Special Meeting minutes: under II, should read Mr. Whitt.
COMMISSIONER STACEY MOVED, SECOND VICE MAYOR REMARK TO APPROVE THE MINUTES OF
JULY 26, 2001 SPECIAL MEETING, JULY 26, 2001 BUDGET WORKSHOP AND AUGUST 7, 2001 SPECIAL
MEETING AS AMENDED.
VOTE: ALL AYES. MOTION CARRIED.
IV. PUBLIC HEARING:
A. ORDINANCE 2001-02
AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA
RELATING TO THE DEFENSE OF CIVIL ACTIONS AGAINST OFFICERS, EMPLOYEES AND
AGENTS OF THE TOWN; MAKING FINDINGS; CREATING SECTION 10-2, TOWN CODE;
PROVIDING FOR THE PAYMENT OF THE DEFENSE OF CIVIL ACTIONS AND JUDGMENTS;
PROVIDING A SEVERABILITY/INTERPRETATION CLAUSE; PROVIDING FOR THE REPEAL
OF CERTAIN INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR
AN EFFECTIVE DATE. (FIRST READING)
Town Attorney Gougelman read Ordinance 2001-02 by title. Town Attorney Gougelman pointed out that the real
issue would be attorney’s fees and not damages and he explained that if a Commissioner or other officer or whoever
was found liable in his/her official capacity, then the Town would have to pay. However, Town Attorney Gougelman
pointed out that if that official was found liable in his/her personal capacity, the Town would not pay but that official
would personally have to pay the fees. Attorney Gougelman stated that this ordinance was consistent with Florida
Statutes as well as common law theory of law that has been recognized by a number of courts. Mayor Wille asked
Commissioner Stark who in turn suggested the Town Staff ask for an annual roster of active fire department volunteers
so the Town would have record of these “agents”.
Mayor Wille opened the public hearing to the public for discussion.
Steve Walters, 416 Sixth Avenue had a question on page 4 (c) and asked as to who would choose the lawyer. The
Town Attorney explained that this question is answered on page 5, line 2, “If the town is asked to appoint legal counsel
for said officer, employee, or agent, the officer, employee, or agent shall not be entitled to his or her choice of legal counsel.”
Town Attorney Gougelman said that in theory that if the Town was picking up the tab, then it should have the choice.
Town Attorney Gougelman also pointed out that the Town was covered by insurance and the insurance company would
pick the attorney. Mr. Walters then pointed to page 5, lines 5 & 6 and discussed other scenarios to picking an attorney.
Lori Wille, Parks Board Vice Chairman wanted clarification if the Parks Board should keep a roster of volunteers for
Founders’ Day. Town Attorney Gougelman said that one should be submitted to a Town official and approved before
Founders’ Day. Mayor Wille suggested that in the Ordinance 2001-02 on page 3, line 21 manager should be inserted
after town.
There were no further public comments. Mayor Wille opened the discussion to the Commission. Town Attorney
Gougelman responded to a question Vice Mayor Remark made in that this ordinance doesn’t change the law but
makes it abundantly clear what the policy is (and has been).
Town Attorney Gougelman clarified the language on page 5, lines 5 and 6 by stating it to read as follows: If the town
fails to provide an attorney, upon request by a past or present municipal officer, employee, or agent (delete “or is not
requested to appoint legal counsel”) to defend a civil action…fees.
VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STACEY TO ADOPT ORDINACE NO. 2001-02 AN
ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO THE
DEFENSE OF CIVIL ACTIONS AGAINST OFFICERS, EMPLOYEES AND AGENTS OF THE TOWN; MAKING
FINDINGS; CREATING SECTION 10-2, TOWN CODE; PROVIDING FOR THE PAYMENT OF THE DEFENSE OF
CIVIL ACTIONS AND JUDGMENTS; PROVIDING SEVERABILITY/INTERPRETATION CLAUSE; PROVIDING FOR
THE REPEAL OF CERTAIN INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN
EFFECTIVE DATE. (FIRST READING)
VOTE: ALL AYES. MOTION CARRIED.
B. RESOLUTION NO. 693
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA,
APPROVING A SEWER LINE EASEMENT FOR KNOWN AS RYCKMAN PARK LOCATED
IN SECTION 7, TOWNSHIP 28 SOUTH, RANGE 38 EAST, BREVARD COUNTY, FLORIDA;
MAKING FINDINGS; APPROVING THE EASEMENT; AUTHORIZING THE TOWN MANAGER
TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND PROVIDING
FOR RECORDING AND FILING OF THIS RESOLUTION.
Town Attorney Paul Gougelman read Resolution No. 693 by title. Interim Town Manager Masny reported that Brevard
County had requested the easement so they could have access to make repairs, etc. to the sanitary sewer line
located at the west end of Ryckman Park. Mayor Wille pointed out that this was a part of the long time effort for
the removal of the lift station from the park area. Mayor Wille asked Gail Jones of Outlaw, Rice, and Jones Engineering
if he concurred with the request and Mr. Jones affirmed this. Mr. Jones said that he had a message from Dick Martens
and it looked like the building would be removed in several weeks and the antenna would be placed in a suitable area
Mayor Wille opened the meeting to public comments. There were none. It was brought back to the Commission.
Commissioner Smith pointed out some corrections to be made in the Resolution on page 1, line 2 it should read
Town of Melbourne Beach (Beach needed to be added) and on page 2, line 21 it should read Town Commission
and not City Council. Vice Mayor Remark asked about the wording in the title, line 3 and it should read …easement
for property known….
VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STACEY TO ADOPT RESOLUTION NO. 693 A
RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, APPROVING A SEWER
LINE EASEMENT FOR PROPERTY KNOWN AS RYCKMAN PARK LOCATED IN SECTION 7, TOWNSHIP 28
SOUTH, RANGE 38 EAST, BREVARD COUNTY, FLORIDA; MAKING FINDINGS; APPROVING THE EASEMENT;
AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE;
AND PROVIDING FOR RECORDING AND FILING OF THIS RESOLUTION AS AMENDED.
VOTE: ALL AYES. MOTION CARRIED.
V. NEW BUSINESS:
A. TOWN BOARD APPOINTMENTS, REAPPOINTMENTS & RESIGNATIONS
Interim Town Clerk Wiley pointed out that it was time to reappointment the Historic Building Preservation Ad Hoc
Committee (known as the Williams Building Committee) per Resolution No. 677. The following members wished
to be reappointed: Sheryl Alberga, Jeanne Allen, Betsy Baird, Ann Downing and Laurie Simmons. Two new members
asked to be appointed and they are Paula McNutt and Ester Zimmer.
Ann Downing, 801 Pine came forward and suggested that the Committee be reappointed in 180 day segments.
Paula McNutt was introduced to the Commission and expressed her appreciation for being considered for the committee.
COMMISSIONER STACEY MOVED, SECOND VICE MAYOR REMARK TO REAPPOINT SHERYL ALBERGA,
JEANNE ALLEN, BETSY BAIRD, ANNE DOWNING AND LAURIE SIMMONS AND TO APPOINT PAULA MCNUTT
AND ESTER ZIMMER TO A 180 DAY TERM AS MEMBERS OF THE HISTORIC BUILDING PRESERVATION AD
HOC COMMITTEE.
VOTE: ALL AYES. MOTION CARRIED.
Interim Town Clerk Wiley explained that Lois Ingram, Alternate Member of the Parks Board had resigned from the
Parks Board effective September 21, 2001 but subsequently rescinded her resignation on October 15, 2001. Town
Attorney Gougelman recommended that the Commission formerly reappoint Ms. Ingram to the Parks Board.
COMMISSIONER SMITH MOVED, SECOND COMMISSIONER STARK TO REAPPOINTMENT LOIS INGRAM AS
AN ALTERNATE MEMBER OF THE PARKS BOARD FOR A TERM UNTIL MARCH 17, 2002.
VOTE: ALL AYES. MOTION CARRIED
B. DISCUSSION AND POSSIBLE ACTION REGARDING PARKS BOARD RECOMMENDATION
ON SITE PLAN FOR RYCKMAN PARK IMPROVEMENTS. (JACK ROOD – ROOD & ZWICK, INC.)
Mayor Wille referred to the recommendation submitted by Betsy Baird, Parks Board Secretary that read, “At our
last meeting we unanimously voted to support the Ryckman Park Plan that Jack Rood presented to us, the Parks
Board.” This was dated October 9, 2001.
Jack Rood came forward to address the Commission. Mayor Wille mentioned that the Commission saw the plan
last month and asked if the plan had changed. Mr. Rood said it had not. Therefore it was decided to discuss the
financial aspect and go on to Agenda Item C.
C. APPROVAL OF REQUEST TO PROCEED TO BID RYCKMAN PARK IMPROVEMENTS
(JACK ROOD – ROOD & ZWICK, INC.)
Jack Rood reiterated that the Town Commission had approved Rood & Zwick, Inc. to do the work. Mr. Rood said
that they want to get the documents ready for bid and issue in early November. The bids would be received before
the Town Commission meeting in December so that he can make a recommendation to the Town Commission as
to who should be awarded the contract. Mr. Rood then said a permit could be issued and work could commence in
January and the contractor would have 180 days to complete the project and hopefully have it completed by mid-April
so the park would be ready for Founders’ Day in May.
There was discussion concerning the new restroom and Jack Rood explained that the Parks Board had reviewed
two designs and the final design was a hybrid…with multiple facilities on both sides (men and women with both
handicapped equipped). Mr. Rood also explained that there would be an electrical closet housing the main
distribution panel in the restroom which will handle electrical services to the gazebo, tennis courts, park lighting,
dedicated lighting to the basketball court and future lighting for the Ryckman House. Mr. Rood indicated this panel
is included in the cost of the building.
Mr. Rood explained that under site work, the cost of taking overhead electrical service underground to be distributed
throughout part of the park was estimated at $11,000 and $13,000 for distribution from the restroom. Mr. Rood pointed
out that putting the lines underground along the river area was not a part of those costs but would be an additional cost
of approximately $9,000.
Mayor Wille reviewed all the changes that have evolved in Ryckman Park and the future facilities that would be added
to the park in Phase I and Phase II. Time was taken for all to review the preliminary design concept drawings provided
by Rood & Zwick, Inc. and Brad Smith Associates, Inc. Mayor Wille reminded the Commission that the figures were
at this point estimates.
Lori Wille, Parks Board Vice Chairman said that she had spoken with Mr. Rood about the shortfall of about $64,000.
Ms. Wille pointed out the site preparation was included in these figures and previously it had been thought that the
municipal complex project would have picked up some of these costs had that project run simultaneously with the
park project. Ms. Wille reminded the Commission that the Parks Board had come to them for a shortfall of $58,000
and that a contingency fund of around 10% had not been set aside by the Town. Commissioner Stark mentioned
that over 80% of the cost was being funded by grants including some matching funds.
VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STACEY TO APPROVE THE RYCKMAN PARK
SITE PLANS AS RECOMMENDED BY THE PARKS BOARD AND TO REQUEST ARCHITECTS IN ASSOCIATION
ROOD & ZWICK, INC. TO PROCEED TO BID THE RYCKMAN PARK IMPROVEMENTS.
VOTE: ALL AYES. MOTION CARRIED.
Mayor Wille with the Commission’s consent requested Mr. Rood to include the underground electrical along the
river be part of the request for bids as a separate line item. Vice Mayor Remark asked Jack Rood and Gail Jones
to see if something could be worked out with the County concerning the possibility of sharing an underground conduit
by the river.
D. APPROVAL OF A REQUEST BY ROCHELLE LAWANDALES, LAWANDALES PLANNING
AFFILIATES TO ADMINISTER THE FRDAP GRANT FOR RYCKMAN PARK PHASE II.
Interim Town Manager Masny explained that Rochelle Lawandales was currently administering Phase I of the of the
FRDAP Ryckman Park Improvements and the Parks Board recommended that Phase I and Phase II be combined.
Ms. Lawandales was unable to attend so questions that were raised could not be answered nor issues clarified.
The Mayor asked Interim Town Manager Masny to see if grant administration could be done internally.
COMMISSIONER STARK MOVED, SECOND COMMISSIONER STACEY TO TABLE THE AGENDA ITEM UNTIL
THE NEXT COMMISSION MEETING.
VOTE: ALL AYES. MOTION CARRIED.
E. APPROVAL OF A REQUEST BY AMY ADAMS, CAPE CANAVERAL SCIENTIFIC TO
ADMINISTER THE FIND GRANT FOR THE RECONSTRUCTION OF THE
MELBOURNE BEACH HISTORIC PIER.
Amy Adams, Cape Canaveral Scientific, Inc. came forward to discuss her request for post award administration
for the FIND Grant. Ms. Adams explained that all of the grants that CCS has applied for have had a line item for
administration to help take the heat off the Town’s staff. Ms. Adams felt that they are very well versed on the pier
project and that FIND requires specific tasks of the administrator as well as being a liaison with Outlaw, Rice, &
Jones, a future contractor doing the project and tracking the day-to-day progress of the project. Ms. Adams went
further into the details of what she would be doing as the grant administrator. Ms. Adams explained that the days
of a few reports during the year were gone and now agencies are requiring a well-done and detailed booklet as a
final report.
VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STARK TO APPROVE AMY ADAMS, CAPE
CANAVERAL SCIENTIFIC TO ADMINISTER THE FIND GRANT FOR THE RECONSTRUCTION OF THE MELBOURNE
BEACH HISTORIC PIER NOT TO EXCEED $3,360.00.
VOTE: ALL AYES. MOTION CARRIED.
F. APPROVAL OF PROPOSAL FOR PROFESSIONAL SERVICES FROM ATELIER
ARCHITECTURE, ENGINEERING, CONSTRUCTION, INC. ASSOCIATED WITH THE
RECONSTRUCTION OF THE MELBOURNE BEACH HISTORIC PIER.
Interim Town Manager Masny explained the reasoning for this item to be on the agenda and has since found out
that the State will accept Outlaw, Rice and Jones (the Town’s Engineering consultants) on the project as they
are aware of the requirements for reconstruction. Mayor Wille stated that there was no action necessary and
that the Town would continue with the previously approved agreement with Outlaw, Rice and Jones.
G. APPROVAL OF A WORK ORDER FOR OUTLAW, RICE & JONES, INC. TO PERFORM
SERVICES RELATED TO A PEDWAY ON OAK STREET FROM DRIFTWOOD AVENUE
TO OCEAN AVENUE.
Interim Town Manager Masny recommended that if it was acceptable to Gail Jones, for the Town Commission
to approve Task 1 of the proposal and if there was a determined location for the pedway, approve remainder of
tasks at a later date. Vice Mayor Remark brought up what had been done before and the fact that the residents
rejected the pedway on the east side before in 1995.
Mike King, 1402 Oak Street came forward to participate in the discussion. Mr. King stated that he had canvassed
every person on the west side of Oak Street from Ocean Avenue to Driftwood Avenue and there was only one person
who wanted it. Discussion followed among the Commissioners and Mr. King about the dangers and traffic on Oak
Street and who wanted the pedway. Mr. King, through his conversations with other residents, felt that no one would
use the pedway on Oak Street and would continue to use Pine or Orange Streets. Mr. King asked that if the study
was done that water concerns also be addressed as First through Fourth Avenues have no drains and during a
rainstorm, the west side of Oak Street is not navigable.
Mr. King continued and brought up traffic calming on Oak Street and asked that what would be done for Riverside
Drive could be done for Oak Street.
Paul Guglietta, 318 Fourth Avenue presented his observations concerning where the children can ride their bikes,
the pedway location on Oak Street and the overall danger of the area.
Seth Stark, 410 Fifth Avenue shared his observations concerning the congestion caused by pedestrians, moms
with baby carriages, roller bladers and bicyclists on Pine Street and the danger that was present trying to drive
around them. He felt that perhaps sidewalks (pedway) on Oak Street would help alleviate the Pine Street dangers
and it would not be a bad idea.
Mayor Wille and the Commission by consensus decided no action would be taken on Agenda Item G. Discussion
and review of the pedway would continue during the coming months.
H. APPROVAL OF A WORK ORDER FOR OUTLAW RICE & JONES, INC. TO PERFORM
SERVICES RELATED TO TRAFFIC CALMING ON RIVERSIDE DRIVE.
Gail Jones stated that Outlaw, Rice & Jones would not have a problem in conducting a public meeting to get input
from residents along the corridor before anything was started and include it in the fee that is before the Commission
currently. Mr. Jones explained that there would be two steps to take and the first one would be to meet with the
residents and get their input and concerns upfront. Mr. Jones said that they have some of that information already
and explained other information that they would gathered would be for a full detailed evaluation.
It was pointed out that Indialantic made their portion of Riverside Drive 25 mph as of October 17, 2001.
Mike King, 1402 Oak Street asked if there would be an economy of scale by adding Oak Street calming to the
proposal. Mr. Jones responded that there could be some savings if both were combined but didn’t know at that
point. Mr. King explained that the traffic engineer asked the residents to hold off until the signal light was
installed and then he would do more traffic counts. However, Mr. King and others disagreed with him and they
wanted to get the public informed and discuss some alternatives for traffic calming before then.
Mayor Wille pointed out that the A1A project had been delayed until January. Further discussion ensured
concerning the traffic calming of Oak Street and Riverside Drive and who would be notified of the public meetings
for which area, how it would be advertised and other issues.
VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STACEY TO TABLE AGENDA ITEM H TO
ALLOW THE INTERIM TOWN MANAGER MASNY, GAIL JONES OF OUTLAW, RICE, AND JONES INC.
AND THE TRAFFIC ENGINEER (INTERIM POLICE CHIEF BAILEY) TO RETURN NO LATER THAN THE
JANUARY 2002 MEETING WITH A PROPOSAL ON PROCEDURES FOR PUBLIC COMMENT.
VOTE: ALL AYES. MOTION CARRIED.
I. REVIEW AND PROSSIBLE ACTION REGARDING AMENDMENTS TO TOWN’S POLICIES
AND ADMINISTRATIVE PROCEDURES MANUAL: CHAPTER 1. GENERAL PROVISIONS,
SECTION 1.02 POSITIONS COVERED; AND CHAPTER 4. GENERAL RULES AND
REGULATIONS, SECTION 4.2 USE OF TOWN OWNED CELLULAR TELEPHONE/RADIO
COMMUNICATION DEVICE.
Interim Town Manager Masny explained that Chapter 1 is the same except after Mayor and Commissioners
the following was added: (Exception: Chapter 4). It was confirmed that the Commission received copies of the
Nextel phone bill. Commissioner Stark pointed out that she felt the amount paid for the Public Works
phones/radios was excessive for the size of the Town and that there should be cheaper alternatives available.
Commission Stark wanted to know if the Town needed the Nextel system. Mayor Wille felt that there were
two issues involved with one being the total communication bills for the Town including all of the different
departments and the second one being the policy for adoption on how the communication systems were used.
Commission Stark stated that if cell phones were eliminated, Section 4.02 would be a mute point.
There was discussion concerning the wording and actual usage of the policy. The Mayor requested again that
the Town staff return to the Town Commission to explain how the staff uses the Nextel devices, to support the
devices as well as provide communication alternatives. Further discussion ensued concerning what the other
departments use at a cost less than the Nextel system. It was agreed that it would be appropriate to review all
communication devices being used by all of the Town departments and justification be presented by all Department
heads. It was also pointed out that the Town uses several different long distance carriers. It was the consensus
of the Town Commission for the Town’s entire communication system be reviewed.
Mayor Wille acknowledged that Interim Town Manager Masny’s efforts on writing a policy without much guidance
from the Town Commission was admirable.
Steve Walters, 416 Sixth Avenue reviewed what the Town did for all the previous years if there had been an
emergency and how the employees were contacted. He expressed his dismay that the Commission had had
no say in the decision to acquire the Nextel system. Mr. Walters asked who did sign the contract and pointed
out that it was a big mess and it would get bigger. Mr. Walters than made suggestions as to what could be
acquired and what had been done in the past. Mr. Walters also thought that those residents attending the
Commission meetings should also have copies of much of what the Commissioners had in their packets.
Mr. Walters made a presentation concerning charges that had been made, what the State law says, and
his opinion about the situation.
There was discussion about the need of certain Town officials who are designated in the Emergency Plan to
have access to cell phones. Commissioner Smith pointed out that the Town Manager was the one who was
to contact and keep informed all of the Commission during an emergency situation. Commissioner Stark
brought up the need to deal with emergency communication also.
As there was no change in Chapter I, no action needed to be taken on that agenda item.
J. APPROVAL OF A REQUEST BY THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY
AFFAIRS, DIVISION OF EMERGENCY MANAGEMENT TO EXECUTE A STATE-WIDE
MUTUAL AID AGREEMENT AND DESIGNATION OF TOWN REPRESENTATIVES.
Interim Town Manager Masny pointed out that the Town has had this agreement since 1994 and the agreement
would expire on June 30, 2001; therefore the Town needs to sign a new agreement.
COMMISSIONER STACEY MOVED, SECOND VICE MAYOR REMARK TO APPROVE A REQUEST BY THE
STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, DIVISION OF EMERGENCY MANAGEMENT
TO EXECUTE A STATE-WIDE MUTUAL AID AGREEMENT AND DESIGNATE THE TOWN MANAGER AS THE
PRIMARY REPRESENTATIVE.
VOTE: ALL AYES. MOTION CARRIED.
K. APPROVAL OF HOLIDAYS TO BE OBSERVED BY TOWN EMPLOYEES FOR CALENDAR
YEAR 2002.
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER SMITH TO APPROVE HOLIDAYS TO BE
OBSERVED BY TOWN EMPLOYEES FOR CALENDAR YEAR 2002 AS SHOWN.
VOTE: ALL AYES. MOTION CARRIED.
Commission Smith responded to questions Mr. Steve Walters brought up about Police Department holidays
and it was explained that all of the Town employees including the police department have the same holidays
per the Town policy.
VI. REPORTS
A. TOWN ATTORNEY
Town Attorney Gougelman had no report
B. INTERIM TOWN MANAGER
Interim Town Manager Masny confirmed that the FDOT resurfacing project would not begin until January 2002
because the mast arm was not ready. Interim Town Manager Masny also reminded the Commissioners that
they each had received invitations for the groundbreaking for the Library which would be Saturday, October 20, 2001
at 10 AM.
VII. TOWN COMMISSION ANNOUNCEMENTS, COMMENTS & REPORTS
Commissioner Stacey asked that the newly elected commissioners be invited to attend the Space Coast League
of Cities dinner that would be on Monday, November 12th. The Commission thought that would be a good idea.
Vice Mayor Remark donated a picture that at one time the subject was going to be made into a bust.
Commission Stark commented upon the summary report from the mediation process and that there were some
good things that came out of it and felt that perhaps some follow through should be done. Mayor Wille and
Commissioner Stark both suggested that the new Town Manager should receive the information and incorporate
it as the well as the Team Building Workshop to be referenced and used by the new Commission. Commissioner
Stark asked if there was going to be another volunteer appreciation picnic and if it would be an annual event. There
was discussion but nothing definite was decided upon.
Commissioner Smith commented upon an agreement that was distributed in September concerning Outlaw, Rice
and Jones and she felt that it had not gone through the proper channels before being signed in July. Commissioner
Smith wanted the fact recorded that the former Town Manager signed a contract just before she left and that she had
no right to do so.
Mayor Wille asked Commissioner Smith about the Commission Procedures Policy and Commissioner Smith indicated
that she had not been able to complete it and hoped to have the policy ready the next month. Mayor Wille remarked
how appreciative the Commission was to the Blue Ribbon Committee for all the work they did on the municipal complex
and on their presentation. Mayor Wille reported that the State Historical Society was in correspondence with the Town
concerning the type of railings and using Trex material on the Pier. It was the consensus of the Commission to have a
letter written to the State Historical Society with a copy to our legislative representatives objecting to the Society’s
requirements based on the Town’ s concerns of arsenic in pressure treated wood so that we wanted to use an
environmentally sensitive product for safety and longevity, note that no historical funds are being used in the project
and see what happens.
VIII.. ADJOURNMENT
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER STARK TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The regular meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 11:20 p.m.
____________________________________
ROBERT D. WILLE, MAYOR
____________________________________
JANE WILEY
INTERIM TOWN CLERK
PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, THE TOWN HEREBY
ADVISES THE PUBLIC THAT: If a person decides to appeal any decision made by the
Town Commission with respect to any matter considered at its meeting, he will need a
record of the proceedings and that for such purpose, affected persons may need to insure
that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based. This notice does not constitute
consent by the Town for the introduction or admission into evidence of otherwise
inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not
otherwise allowed by law.
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