TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - REGULAR MEETING
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WEDNESDAY
January 15, 2003
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 Crispen at 7:00 p.m. on Wednesday, January 15, 2003 in the Community Center. Mayor Crispen also led
the Pledge of Allegiance.
Present:
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Mayor Crispen
Vice Mayor Smith
Commissioner Price
Commissioner Walters
Commissioner Wilson
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Others Present:
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Town Attorney Gougelman
Town Manager Hoskovec
65 member of the public
Town Clerk Masny
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I. CHANGES TO THE AGENDA
There were no changes to the agenda.
II. PRESENTATIONS BY SPECIAL GUESTS:
PRESENTATION OF TONY LOIZZO AS CHIEF OF POLICE
Town Manager Hoskovec introduced Tony Loizzo as the Town’s Chief of Police and reported that he administered
the Oath of Office to Chief Loizzo on January 6, 2003. Town Manager Hoskovec discussed Chief Loizzo’s experience
and background in law enforcement.
III PROCLAMATIONS AND AWARDS:
PRESENTATION OF MELBOURNE BEACH POLICE DEPARTMENT’S OFFICER OF THE
MONTH FOR DECEMBER 2002
Police Chief Loizzo presented Office Jim Dixon as the Melbourne Beach Police Department’s Officer of the
Month for December 2002. Chief Loizzo discussed programs he would like to implement in the near future.
IV. NON-SCHEDULED CITIZEN COMMENTS (3-MINUTE LIMIT, PLEASE)
Frank Thomas, 606 Atlantic Street commented that he is concerned about the location of the cornerstone of the
Community Center as the renovation to the building might have disturbed the cornerstone which contains a time
capsule. Mr. Thomas also commented that the memorial put in Ryckman Park in 1983 has been dumped into
the back lots to be carted away. Town Manager Hoskovec stated that he had advised Mr. Thomas he would look
into these issues and stated that the Parks Board requested all memorials be removed from the park. Town
Manager Hoskovec stated that memorial has been placed in a secured area for the present time. Town Manager
Hoskovec stated that all plaques such as this will be taken care of by the Williams Building Committee at the
museum building.
Paul Guglietta, 318 Fourth Avenue commented that he is concerned about the hiring policy of the Town and
how the new Police Chief was hired. Mr. Guglietta discussed items he received as a public records request
and pointed out that he picked out two (2) unsolicited applications for the Police Chief position received by the
Town on January 6, 2003 and December 18, 2002 as the advertisement closed the position on July 1, 2002.
Mayor Crispen advised Mr. Guglietta that his three (3) minute time limit was up.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER WILSON TO EXTEND THE 3-MINUTE
TIME LIMIT FOR AN ADDITIONAL THREE MINUTES FOR MR. GUGLIETTA TO FINISH HIS COMMENTS.
VOTE: ALL AYES. MOTION CARRIED.
Mr. Guglietta stated that the Town did not follow its own procedure in hiring and asked that the Commission look
into this and find out the reason why Mr. Ramos, who is very qualified, a Hispanic and a veteran and who should have
been sent an application or been given an opportunity. Mr. Guglietta commented that he feels that if the Town
Manager could not hire an applicant in the first group, he should have reopened it with the second group.
Ray Serwin, 416 Sixth Avenue commented that he was upset at way the Police Chief was selected and asked
if it was fair to the other previous applicants and if the Town Manager called any previous applicants to reapply?
Town Manager Hoskovec responded that he did not. Mr. Serwin asked if this would have been a good course
and fair? Town Manager Hoskovec stated that if they were still qualified, it would have been, but there were
issues with some of the applicants that came up after the initial. Mayor Cripsen stated to Mr. Serwin that he
should address the questions to himself and not ask the Town Manager directly. Mr. Serwin asked if there
was there a comparison chart made of the applicants? How many of the previous applicants were called to
reapply, including any new applicants? Were the Commissioners or anyone else brought in on the selection
of new chief? Was there a consensus? Is the new chief’s contract competitive with Brevard County’s town’s
of this size? Was the Town Attorney brought in on writing or reviewing the contract? Mayor Crispen asked
Town Manager Hoskovec if he made a fair comparison of the applicants? Town Manager Hoskovec stated
that he compared all of the applicants the Town had prior to and the last applicants. Mayor Cripsen asked
Town Manager Hoskovec if he called any of the original applicants to let them know that they could reapply?
Town Manager Hoskovec stated that he did not. Mayor Crispen asked if Commission members were brought in?
Town Manager Hoskovec stated no and when he went through his second interview, it was directed to him that
he was not to consult with the Commission regarding hiring his department heads. Town Manager Hoskovec
advised that the new chief does not have a contract.
Jason Steele, 701 Pine Street commented that if you cannot fight and you can’t flee, you need to flow. Mr.
Steele stated that he is tired of fighting and it is time to flow, the Town Manager has chosen a Police Chief legally
and ethically. Mr. Steele stated that we need to accept his decision.
Linda Loizzo, Satellite Beach and Ventura, thanked the Town Commission for their support when she applied to
be the Town’s Chief of Police and reviewed policies and upgraded training which she implemented. Ms. Loizzo
commented that this Town and its residents and officers want to feel secure and asked the Town Commission
to give the Town Manager and Police Officers their support so that they can move forward.
Seth Stark, 410 Fifth Avenue commented that Officer Dixon was a great selection for Officer of the Month and that
all of the officers do a great job.
Lori Wille, 809 Riverside Drive, thanked Town Manager Hoskovec for hiring the new chief and state that she
believes he made a professional decision. Ms. Wille thanked the Police Department and commented that
Tony Loizzo will make a great Police Chief.
David Fitzgerald, 210 Third Avenue commented that the retaining wall at the Third Avenue beach access is
washed out and that there is a dangerous drop. Mr. Fitzgerald advised that there are children playing in that
area and it could be a dangerous situation. After a brief discussion, the Town Commission asked the Town
Manager to minimize the risk at this crossover area.
V. APPROVAL OF MINUTES: DECEMBER 16, 2002 SPECIAL MEETING
DECEMBER 18, 2002 REGULAR MEETING
Commissioner Walters requested a correction to the minutes of December 18, 2002 on Page 5, last paragraph,
next to the last line, delete the word “been.” Commissioner Walters requested a correction on Page 7, last
paragraph, the third sentence from the bottom, delete the words, “that the Town had three (3) sergeants,” and
continue this to read, “and he saw a fourth (4th) had been promoted.” Commissioner Walters requested on
Page 8, next to the last paragraph, change the words “Police Chief” to “Consultant.” On Page 11, first paragraph,
Commissioner Walters requested that Mayor “Wille” be changed to Mayor “Crispen.”
Vice Mayor Smith advised that she found some typographical errors and will give them to the Town Clerk for correction.
Mayor Cripsen stated that in the minutes of December 16, 2003, Page 7, third paragraph, he did not make a
motion and request this be corrected to read, “Mayor Crispen asked for a motion to cut off debate and there was
no motion made to this effect.”
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON TO APPROVE THE MINUTES OF
DECEMBER 16, 2002 SPECIAL MEETING AS AMENDED AND THE MINUTES OF DECEMBER 18, 2002
REGULAR MEETING AS AMENDED.
VOTE: ALL AYES. MOTION CARRIED.
VI. REPORTS BY ANY TOWN BOARD SUBMITTING A REPORT.
Donnie Price, 506 Harland Avenue and Parks Board Chairman reported that the next movie in the park will be
held on February 1st at 6:30 p.m. and that Coastal Realtors offered to provide funding of $250 per month for
six (6) months and that the Melbourne Beach Volunteer Fire Department voted to provide $100 per month for
six (6) months out of their recreation fund for these events. Chairman Price reported that the movie will be
advertised in the newsletter and that there will be no concert in the park for January. Chairman Price reported
that the Board will hold a dance in the Community Center on Valentine’s Day and that wine and cheese will be
available. Chairman Price reported that the Board is working on the bocci shelter recommendation as the
Board does not want it to detract from the view of the park and that the Board has started planning for the
Founders Day celebration.
Mayor Crispen asked that the Board meet with the Town Manager to put an action plan together for the plans
and grant funding ideas for renovating Ocean Park.
Tony Loizzo, Chief of Police reported that the Florida Department of Law Enforcement reviewed the
department’s personnel files and they found minor items that are being corrected. Chief Loizzo updated
the Town Commission on which officers were attending training and conferences. Chief Loizzo advised
that the department has been awarded two (2) grants, one (1) for an in-car video system and one (1) grant
for the national locator system for missing children and the department will receive a computer and scanner
to help locate missing children.
Curtis Byrd, 306 Surf Road, and Chairman of the Environmental Advisory Board reported that the Board is one (1)
member short of a full board and that they are working on the Loggerhead Park Preserve which is located just
north of the Breakers Condominium and reported that the Preserve was purchased through Florida Community
Trust funds and the Board constructed a boardwalk through the use of grant funds awarded by the Florida
Recreation Development Assistance Program and that the Board is ready to install a sign at Loggerhead Park
Preserve. Chairman Byrd advised that the Board will invite the Town Commission to attend a grand opening
ceremony for the preserve. Chairman Byrd reported that Hoover Junior High School students raised $480 for
native plants for the preserve by holding a fund raiser. Chairman Byrd reviewed the Board’s goals for Loggerhead
Park Preserve. Chairman Byrd advised that there is land just north of Loggerhead Park Preserve that the Board
would like to look into a grant to purchase it later this year if it is still for sale. Chairman Byrd reported that the
Board will have a booth on Founders Day to educate the residents about the Environmental Advisory Board.
VII. CONSENT AGENDA:
ACCEPTANCE OF RESIGNATION OF AMY ELSTUN FROM THE PARKS BOARD
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER PRICE TO APPROVE THE
CONSENT AGENDA, ACCEPTANCE OF RESIGNATION OF AMY ELSTUN FROM THE PARK BOARD,
WITH REGRET.
VOTE: ALL AYES. MOTION CARRIED.
VIII. REPORTS:
A. TOWN ATTORNEY
Town Attorney Gougelman reported that the Town was notified that the McGriff litigation appears to
have been resolved by the Florida League of Cities insurance, but he has not received a copy of the
settlement agreement, and it is his understanding that the League of Cities will tender some
$25,000 to settle the case.
B. TOWN MANAGER
Town Manager Hoskovec reported that his report is in the agenda packet, but during the last few days
on the pier project, the end stringers are on and the cross beams were being put in place, the pilings
are in, and the project is slated to be completed in April, possibly March. Town Manager Hoskovec
reported that the Melbourne Beach Fire Department has worked with a Certified Public Accountant
and their books have been reconciled. Town Manager Hoskovec reported that the temporary trailer
is in place and the Public Works Department is working to make it ADA compliant and that staff will
move into it at the end of January. Town Manager Hoskovec reported that the Public Works building
will be done by the end of February. Town Manager Hoskovec reported that the workshop with the
Board members and Town Commission and Charter review will be coordinated. Town Manager
Hoskovec advised that the Town is working on an HAZMAT Amnesty Day in the spring.
Mayor Crispen asked about the status of Frank Thomas’ resolution naming him the historian and
Town Clerk Masny reported that the Town Commission had requested an agreement be adopted
prior to the resolution being adopted. Town Manager Hoskovec reported that Mr. Thomas advised
that he was not comfortable turning anything over to the Town until the cornerstone and memorial
issues have been resolved.
C. TOWN COMMISSIONERS
Vice Mayor Smith reported that the Town Commission had discussed a resolution to extend the
Williams Building Committee and asked that the Town Clerk write the resolution. Vice Mayor
Smith asked about the light system for the Town Commission’s speaking order. Town Manager
Hoskovec reported that Public Works is working on the system idea at the present time. Vice
Mayor Smith asked if the Interviews for the finance position are complete? Town Manager
Hoskovec stated that he is doing a second interview tomorrow and should have a final decision
next week. Vice Mayor Smith asked how long it will be before the finances are back in-house
after the finance position is filled? Town Manager Hoskovec stated it should take two (2) months
to get the software package here and an additional two (2) months for backup with FACS. Vice
Mayor Smith reported that she received an e-mail from someone who wanted to reserve the pier
and that she advised this person that the Town does not reserve the pier. Vice Mayor Smith
stated that she has given the Town Clerk a copy of the e-mail.
Commissioner Walters asked Town Manager Hoskovec if the Town received a letter from the bond
company regarding the extension? Town Manger Hoskovec responded that we did and Commissioner
Walters asked for a copy of the letter. Commissioner Walters noted that there were no code violations
during the month of December. Commissioner Walters noted that the Police Department citations are
down 1,000 from last year, which translates into possibly $40-$50 thousand in revenue. Commissioner
Walters welcome Chief Loizzo and promised his full support. Commissioner Walters stated to the Town
Manager that he is extremely disappointed in how the hiring process was done and discussed his feelings
on this matter.
Commissioner Price reported that since November 20th when he was administered the oath of office he
has attended two (2) League of Cities meetings and that he is the alternate voting delegate and he is trying
to familiarize himself with the league and play a role in its impact on the community. Commissioner Price
reported that this past weekend, he attended the Institute of Elected Municipal Officials and that it was
very timely and good training for elected officials and the classes were all full to overflowing.
Commissioner Wilson reported that he attended the Institute of Elected Municipal Officials also and that
the institute was an educational experience. Commissioner Wilson reported that he brought back a
video tape for Town board members to review regarding public official liability. Commissioner Wilson
reported that at the Institute, it was expressed by the legal staff that if the Town Commission responds
to e-mails, they become a public record and we should notify the sender that it is a public record.
Commissioner Wilson stated that at that point, the e-mail should be printed and taken to Town Hall
to be put on file.
Town Attorney Gougelman commented that e-mails are a new area in the open record’s law and advised
the Town Commission that regardless of whether or not they respond to an e-mail, some take the position
that it is considered a public record as soon it is received by a Commissioner and should be regarded
as such and a copy should be made available to the Town Clerk to keep on file.
Mayor Crispen reported that the Space Coast League summit meeting for Town Mayors will be held at
Brevard Community College and will be televised live on the Government Channel. Mayor Crispen
welcomed Police Chief Loizzo.
D. GENERAL TOWN COMMISSION DISCUSSION (TIME PERMITTING)
Commissioner Price requested to hold a general Commission discussion and there were no objections
from the Town Commission members.
Commissioner Price discussed that because of the Sunshine Law, it is improper for any Commissioner
to at any time, other than in a public meeting enter into a conversation about any subject that may
become a part of the agenda of any Commission meeting. Commissioner Price stated that to do so
could result in removal from office and this is serious business.
The Town Commission held a discussion regarding the Sunshine Law and Robert’s Rules of Order.
IX. ADJOURNMENT
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER PRICE TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The regular meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 8:54 p.m.
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MARK J. CRISPEN, MAYOR
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CYNTHIA E. MASNY, CMC
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.
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