TOWN OF MELBOURNE BEACH
AGENDA
TOWN COMMISSION - REGULAR MEETING
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WEDNESDAY
January 16, 2002
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 7:05 p.m. on Wednesday, January 16, 2002 in the Community Center.
Mayor Wille also led the Pledge of Allegiance to the Flag.
Present:
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Mayor Wille
Vice Mayor Smith
Commissioner Crispen
Commissioner Guglietta
Commissioner Walters
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Others Present:
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Town Attorney Gougelman
Interim Town Manager Masny
Jack Rood, Rood & Zwick
Rochelle Lawandales, Lawandales
Planning Affiliates
Several Town Residents
Interim Town Clerk Wiley
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I. APPROVAL OF MINUTES: AUGUST 28, 2001 BUDGET WORKSHOP, AUGUST 28, 2001 SPECIAL
MEETING, SEPTEMBER 5, 2001 SPECIAL MEETING, AND SEPTEMBER 5, 2001 BUDGET PUBLIC
HEARING.
Commissioner Walters asked to move to table September 5, 2001 Special Meeting as he thought something
was missing and on the September 5, 2001 Budget Public Hearing on page 2, second paragraph after C, "Mr.
Walters…receive their 80% salary increase…" should be 8%.
Mayor Wille referred to the last paragraph on page 1 of the August 28, 2001 Budget Workshop concerning the
Building Official gathering permitting fee information for the Interim Town Manager and the Town Attorney for use
in a future ordinance and asked Interim Town Manager Masny to follow up on it. Mayor Wille then referred to
the September 5, 2001 Special Meeting page 2, fifth paragraph and wanted to clarify that when the municipal
complex project was begun, the reserves were around $625,000 and by the end of September 2000 the reserves
were 1.2 million. Mayor Wille did not ask for a change but to reference the correct reserve amounts.
Vice Mayor Smith also asked to check the tape of September 5, 2001 Special Meeting as there was no motion
for adjournment.
Mayor Wille then referred to the September 5, 2001 Budget Public Hearing on page 3, first paragraph and
asked to make the sentence clearer by changing…$200,000 to be put in reserves to …$200,000 added to reserves.
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER GUGLIETTA TO APPROVE THE MINUTES OF
AUGUST 28, 2001 BUDGET WORKSHOP, AUGUST 28, 2001 SPECIAL MEETING, SEPTEMBER 5, 2001
BUDGET PUBLIC HEARING AS CORRECTED AND TO TABLE THE MINUTES OF SEPTEMBER 5, 2001
SPECIAL MEETING UNTIL THE NEXT REGULAR COMMISSION MEETING.
VOTE: ALL AYES. MOTION CARRIED.
II. TOWN BOARD AND COMMITTEE REPORTS - DISCUSSION AND POSSIBLE ACTION.
Jeanne Allen of the Environmental Advisory Board came forward to give a summary on the Loggerhead Park
Preserve Boardwalk/Dune Walkover project. Ms. Allen thanked Commis-sioner Walters for his suggestion to
negotiate with the lowest bidder and the contractor accepted the offer. Ms. Allen explained that the permitting
and approvals have been completed and the contractor is ready to start the project.
Ms. Allen then updated the Commission on the status of the Williams Building and said that the contract from
Brevard County has been received to go forward, plans have been finalized by volunteer Allan Mathews, Architect
and Charles Koegel of Charles H. Koegel Construction will submit the plans for a building permit to the County.
Ms. Allen said that the County has waived the fees.
Sheryl Alberga, Chairman of the Williams Building Committee came forward to address two items for the
Commission to think about. Ms. Alberga referred to an article that was printed in the TIMES and said that
she has had many people calling her to donate artifacts and photographs. However, if the Committee obtains
all the items they have requested or have been offered, there will be no room at Old Town Hall to house these
items so Ms. Alberga felt the next natural place to expand would be into the Ryckman House. Ms. Alberga
explained that by the time the Williams Building was completed, the Williams Building Committee feels that
they will not have the energy or any resources left to ask construction people to finish out the Ryckman House.
Therefore, Ms. Alberga asked if there was any way to complete Ryckman House and to include an air conditioning
system and an alarm system. The Commission was asked to keep this project in mind if there should be extra
funds available. Ms. Alberga showed the Commissioners the photo collection she had begun from one source
and explained that there are many other photograph sources in the community.
The next item Ms. Alberga brought up was about the grant request of $20,000 (for dioramas and exhibits)
submitted to the Florida Department of State, Division of Historical Resources and Historical Museums
Grants-in-Aid and a request for herself to attend the public meeting in Tallahassee on February 11 and 12
per a suggestion by Amy Adams that it was important to attend such meetings. Ms. Alberga requested
some funds to cover her transportation and per diem expenses. Mayor Wille suggested for the Committee
to see if Senator Posey or Senator Futch could attend to support the project. Commissioner Walters said
he didn't have any objections with authorizing the funds as long as they followed the State statutes concerning
authorized payments for transportation, room and food. Vice Mayor Smith indicated that she didn't have a
problem with it. Commissioner Guglietta also reiterated that having Senator Futch attend would be helpful.
Mayor Wille stated that there was a consensus by the Town Commission to support Ms. Alberga's travel and
one night's stay. There was discussion about what the costs would be and Vice Mayor Smith suggested Ms.
Alberga contact Beyond and Back for travel arrangements. Commissioner Walters suggested that Ms. Alberga
find out exactly what it would cost and come back to the Commission on February 6 at the scheduled special
meeting. Town Attorney Gougelman suggested that perhaps Ms. Alberga get a time certain in order to help
with having Senator Futch appear. Ms. Alberga agreed to these requests.
Tom Macaulay, Parks Board Member came forward to address the Ryckman Park benches and explained the
process of the Parks Board's search of suitable park benches. Mr. Macaulay explained that he had three
companies to present bids and prices range from $400 to $1000 a piece. Mr. Macaulay explained that the
Parks Board was not ready to present this to the Commission for any decision on their part.
III. 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.
Kate Wilborn, 502 Second Avenue explained that she met with the FDOT Community Safety Team and it
looked good that they would pay for the count down signal feature and she pointed out that all the studies
showed that it improved the safety for pedestrians. Ms. Wilborn explained that the feature clearly tells the
pedestrian how many seconds they have before it goes to "Don't Walk". Mayor Wille asked Interim Town
Manager Masny to follow up once we received the necessary information from FDOT concerning the addition
of this feature.
Mike King, 1402 Oak Street and Christine Barker, 1302 Oak Street explained that they were co-chairing the
Oak Street Traffic Calming Committee and announced their first meeting on Tuesday, February 5, 2002 at
7:00 PM in the Community Center. Mr. King mentioned that Gail Jones with Outlaw and Jones has been
invited to attend as well as the Interim Police Chief and Commissioner Paul Guglietta, who has been working
with him for over a year. Mr. King distributed a flyer announcing the meeting. Mr. King asked if there was
anyone on Riverside Drive who was concerned about traffic calming on that street and it was suggested he
contact Jim Munch. Mr. King also said that Mr. Thompson and another employee from the County would be
attending. Mrs. Barker said that they have been following the traffic calming policy very closely but she asked
what the Town would do for the residents. Ms. Barker also thought that the Town had some kind of study done
on Riverside Drive and wondered what the result of that study was. Mayor Wille suggested that she contact the
Town staff to find out the status of the study. Ms. Barker asked that the Commission help them as well as
those on Riverside Drive. Mrs. Barker mentioned that she heard there would be sidewalks or pedways and
wanted to know if that was true. Mayor Wille stated that at this time nothing is planned although the Town
did try to get impact funds for shoulders on the road. Mayor Wille responded to Mr. King's question of when
the resurfacing would be done and that it would be done after the stormwater project was completed.
PRESENTATION BY MAYOR WILLE TO MARTHA RUSSO, ENVIRONMENTAL ADVISORY BOARD
Mayor Wille stated that if there were no objections, he would like to invite Martha Russo to come forward for
a presentation to her for her work on the Environmental Advisory Board. Mayor Wille thanked Martha and
presented to her a Certificate of Appreciation for her serving from May 21, 1997 to her resignation date of
December 11, 2001. Mayor Wille pointed out that Ms. Russo along with Curtis Byrd and Ed Misleh were
members of the original Environmental Advisory Board.
Mayor Wille then asked if there were any objections to have Jack Rood come forward and to take agenda
item V. A. out of order. There were no objections.
V. NEW BUSINESS:
A. REVIEW AND AWARD OF BID FOR COMMUNITY CENTER RENOVATIONS AND UPGRADES
AND AUTHORIZE JACK ROOD, ARCHITECTS IN ASSOCIATION, ROOD & ZWICK, INC. TO
PREPARE THE AGREEMENT BETWEEN THE CONTRACTOR AND TOWN.
Jack Rood announced that five bids came in and the low bid came in under budget and the contractor was the
same as the one who was awarded the Ryckman Park contract. Mr. Rood said that Ms. Lawandales, Grant
Administrator, told him that the State has approved the plans so the bid can be awarded. Mr. Rood explained
that the ramp on the south side of the building would meet ADA requirements and that new railings would be
put up. Therefore, the ramp on the north side of the building could be omitted.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER CRISPEN TO APPROVE AWARDING
THE BID FOR COMMUNITY CENTER RENOVATIONS AND UPGRADES TO C & D CONSTRUCTION OF
COCOA FOR THE BASE BID OF $86,000 AND TO AUTHORIZE JACK ROOD, ARCHITECTS IN ASSOCIATION,
ROOD & ZWICK, INC. TO PREPARE THE AGREEMENT BETWEEN THE CONTRACTOR AND TOWN.
VOTE: ALL AYES. MOTION CARRIED.
Mr. Rood mentioned that he would be meeting with the staff concerning the Municipal Complex and their space
needs as well as review a draft layout on January 21, 2002. Mayor Wille then moved back to the agenda as
presented.
IV. PUBLIC HEARING:
A. ORDINANCE NO. 2002-01
AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING T
O POLICE RETIREMENT BENEFITS; PROVIDING FOR AN ADDITIONAL RETIREMENT BENEFIT FOR
CERTAIN POLICE OFFICERS; PROVIDING FOR THE REPEAL OF ORDINANCES AND RESOLUTIONS
IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND INTERPRETATION; PROVDING
AN EFFECTIVE DATE; AND PROVIDING AN ADOPTION SCHEDULE. (FIRST READING)
Town Attorney Paul Gougelman read Ordinance 2002-01 by title. Mayor Wille opened the meeting to public
comments. Mayor Wille pointed out that on page 2, paragraph 2 was the item being added and it had been
recommended by the actuary and had been approved in direction of putting it in ordinance form by the Commission.
Interim Town Manager Masny reported that the Pension Board reviewed it yesterday and had some comments for
the Commission.
John Windsor, Chairman of the Pension Board reported that the Board unanimously approved recommendation
of Ordinance 2002-01 to the Commission. Commissioner Guglietta asked if the 3% was retroactive and Chairman
Windsor explained that there was no one that it would apply to.
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER GUGLIETTA TO ADOPT ORDINANCE 2002-01
AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING TO
POLICE RETIREMENT BENEFITS; PROVIDING FOR AN ADDITIONAL RETIREMENT BENEFIT FOR CERTAIN
POLICE OFFICERS; 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. VOTE: ALL AYES. (COMMISSIONER WALTERS ABSTAINED
BECAUSE IT WOULD DIRECTLY AFFECT HIM IN THE FUTURE.) MOTION CARRIED.
B. RESOLUTION NO. 694
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA APPROVING
A TEN (10) FOOT BY TWENTY (20) FOOT EASEMENT TO FLORIDA POWER & LIGHT COMPANY FOR
PROPERTY KNOWN AS LOGGERHEAD PARK PRESERVE LOCATED IN SECTION 8, TOWNSHIP 28
SOUTH, RANGE 38 EAST, BREVARD COUNTY, FLORIDA; MAKING FINDINGS; APPROVING THE
EASEMENT; AUTHORIZING THE INTERIM 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 694 by title. Interim Town Manager Masny explained that this
would allow Florida Power & Light to put a street light up and supply electricity to run the irrigation pump for the
park/preserve. Town Attorney Gougelman explained that the FPL easement form had been edited so that any
equipment placed on the easement would be used only to benefit Loggerhead Park Preserve. Mayor Wille asked
if there were any questions or discussion. There being none, Mayor Wille asked for a motion.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER CRISPEN TO APPROVE RESOLUTION 694,
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA APPROVING A
TEN (10) FOOT BY TWENTY (20) FOOT EASEMENT TO FLORIDA POWER & LIGHT COMPANY FOR PROPERTY
KNOWN AS LOGGERHEAD PARK PRESERVE LOCATED IN SECTION 8, TOWNSHIP 28 SOUTH, RANGE 38
EAST, BREVARD COUNTY, FLORIDA; MAKING FINDINGS; APPROVING THE EASEMENT; AUTHORIZING THE
INTERIM TOWN MANAGER TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND
PROVIDING FOR RECORDING AND FILING OF THIS RESOLUTION.
VOTE: ALL AYES. MOTION CARRIED.
C. RESOLUTION NO. 696
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, VACATING
A PORTION OF A PUBLIC UTILITY EASEMENT; MAKING FINDINGS; VACATING A PORTION OF A
PUBLIC UTILITY EASEMENT ON LOT 6, BLOCK C, PLAT OF RIVER COLONY OF MELBOURNE
BEACH, AS RECORDED IN PLAT BOOK 17, PAGE 54, PUBLIC RECORDS OF BREVARD COUNTY,
FLORIDA, PROVIDING FOR RECORDATION IN THE PUBLIC RECORDS OF BREVARD COUNTY OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Town Attorney Paul Gougelman read Resolution 696 by title. Interim Town Manager Masny explained that the property
owners requested the easement as they discovered some encroachments into the Town's setbacks and utility easements
when they were putting their property up for sale. Interim Town Manager Masny explained that the Board of Adjustment
granted their variance request and also explained the steps the owners needed to take for the Town and utilities vacating
of a portion of the easements. Mayor Wille asked if there were any comments and there were none. There was no
discussion by the Commission.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER CRISPEN TO APPROVE RESOLUTION NO. 696,
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, VACATING A PORTION
OF A PUBLIC UTILITY EASEMENT; MAKING FINDINGS; VACATING A PORTION OF A PUBLIC UTILITY EASEMENT
ON LOT 6, BLOCK C, RIVER COLONY EAST SECTION OF MELBOURNE BEACH, AS RECORDED IN PLAT BOOK 17,
PAGE 54, PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, PROVIDING FOR RECORDATION IN THE PUBLIC
RECORDS OF BREVARD COUNTY OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED.
D. RESOLUTION NO. 698
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA
ENCOURAGING THE USE OF THE MELBOURNE INTERNATIONAL AIRPORT, ENCOURAGING THE
BREVARD COUNTY COMMISSION AND ALL MUNICIPALITIES IN BREVARD COUNTY TO TAKE
ACTION IN SUPPORT OF THE MELBOURNE INTERNATIONAL AIRPORT; REQUESTING THAT THE
BREVARD COUNTY TOURIST DEVELOPMENT COUNCIL EMPHASIZE THE USE OF THE MELBOURNE
INTERNATIONAL AIRPORT IN ITS ADVERTISING CAMPAIGNS; ENCOURAGING COMMERCIAL
AIRLINES AND CHARTER FLIGHTS TO UTILIZE THE EXCELLENT FACILITIES AT THE MELBOURNE
INTERNATIONAL AIRPORT; PROVIDING AN EFFECTIVE DATE.
Town Attorney Paul Gougelman read Resolution 698 by title. Mayor Wille asked if there were any public comments.
There were none. Commissioner Guglietta mentioned that except for Titusville, the towns and cities represented at the
Space Coast League of Cities meeting were in favor of adopting a resolution similar to Resolution No. 698. Commissioner
Guglietta and Commissioner Walters discussed what they understood to be Titusville's reasons for not wanting to adopt
such a resolution. Commissioner Guglietta thought that the high fees were a large part of the problem of not having more
airlines using the airport and perhaps the Space Coast League of Cities could speak with the Airport Authority. Mayor
Wille offered to ask Jim Johnston, the airport administrator, to give Commissioner Guglietta a call to discuss the situation.
Mayor Wille and Commissioner Guglietta voiced their opinions that the communities should support the airport.
COMMISSIONER CRISPEN MOVED, SECOND COMMISSIONER GUGLIETTA TO APPROVE RESOLUTION 698,
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA ENCOURAGING THE
USE OF THE MELBOURNE INTERNATIONAL AIRPORT, ENCOURAGING THE BREVARD COUNTY COMMISSION
AND ALL MUNICIPALITIES IN BREVARD COUNTY TO TAKE ACTION IN SUPPORT OF THE MELBOURNE
INTERNATIONAL AIRPORT; REQUESTING THAT THE BREVARD COUNTY TOURIST DEVELOPMENT COUNCIL
EMPHASIZE THE USE OF THE MELBOURNE INTERNATIONAL AIRPORT IN ITS ADVERTISING CAMPAIGNS;
ENCOURAGING COMMERCIAL AIRLINES AND CHARTER FLIGHTS TO UTILIZE THE EXCELLENT FACILITIES
AT THE MELBOURNE INTERNATION AIRPORT; PROVIDING AN EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED.
V. NEW BUSINESS:
B. DISCUSSION AND POSSIBLE ACTION REGARDING A REQUEST FROM THE INTERIM POLICE
CHIEF BAILEY FOR AN AMENDMENT TO THE FISCAL YEAR 2001/2002 BUDGET TO PROVIDE
FUNDING FOR A NEW COMPUTER PROGRAM FOR LAW ENFORCEMENT PURPOSES.
Interim Town Manager Masny explained that she, Interim Police Chief Bailey and Finance Clerk Prewitt reviewed the
budget statements and found where they could acquire the funds without doing a budget amendment. Interim Town
Manager Masny said that it would come out of the existing salaries that have not been used. Mayor Wille questioned
why this request was not submitted as a budget item and why it was presented in the agenda packet. Interim Town
Manager Masny explained the situation as to why it was being presented as it was.
Commissioner Crispen asked if there were other companies who could provide the necessary service and was told
there were two companies in the area that could. Commissioner Walters explained the history of how the computer
program originated, that the author of the program was being transferred and would not be available to update the
program and only a few years ago did two other companies develop similar programs. Therefore, the Police
Department was in the position that they needed an update to a new software program. Commissioner Crispen
asked if they had looked into the hardware expense and if the software program could be run on the present system.
Commissioner Walters felt that since they continually updated their computers he thought the program could run on
the present system. Commissioner Crispen asked if the Police Department could go through the year with what they
had and put this into next year's budget.
Vice Mayor Smith was concerned about the money part and having the funds come out of salaries when it should
be shown as a capital item especially such a large amount. She also agreed with Commissioner Crispen that more
research should be done to see how much more may be needed if the system could not run the new program.
Commission Guglietta made some observations and Mayor Wille was concerned about the process and asked
questions concerning how all of this came about and felt that there should be more research done and the process
be followed in order for the Commission to make a decision.
Further discussion followed concerning going out for bid, this being a single source situation, having some software
people come in to talk to the Commission and seeking further information before requesting the Commission to make
a decision. Mayor Wille felt that it was an appropriate program but that the correct process needed to be followed.
Mayor Wille explained that no action needed to be taken and staff was directed to bring something back to the
Commission at a later time.
C. TOWN BOARD RESIGNATIONS, APPOINTMENTS & REAPPOINTMENTS
Interim Town Clerk Wiley asked for the Commission to make Martha Russo's resignation from the Environmental
Advisory Board official by accepting her resignation.
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER GUGLIETTA TO REGRETFULLY ACCEPT MARTHA
RUSSO'S RESIGNATION FROM THE ENVIRONMENTAL ADVISORY BOARD THAT WAS EFFECTIVE AS OF
DECEMBER 11, 2001.
VOTE: ALL AYES. MOTION CARRIED.
Interim Town Clerk Wiley then requested that Jeanne Allen, First Alternate be appointed as a member of the
Environmental Advisory Board for a term of two years ending January 16, 2004. Alternate Member Karpie
asked to remain as 2nd Alternate Member leaving the 1st Alternate position vacant. There were no other
volunteers to fill the vacancy at this time.
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER WALTERS TO APPOINT JEANNE ALLEN AS A
MEMBER OF THE ENVIRONMENTAL ADVISORY BOARD FOR A TWO-YEAR TERM ENDING JANUARY 16, 2004.
VOTE: ALL AYES. MOTION CARRIED.
Interim Town Clerk Wiley presented for reappointment Civil Service Board Member Ed Misleh for a four-year term
ending January 16, 2006. Member Misleh has been a member of the Civil Service Board since May 1997 and
attended five out of five meetings in 2001.
COMMISSIONER CRISPEN MOVED, AND COMMISSIONER GUGLIETTA SECONDED THAT ED MISLEH BE
REAPPOINTED TO THE CIVIL SERVICE BOARD FOR A FOUR-YEAR TERM ENDING JANAURY 16, 2006.
Commissioner Walters stated that he did not think it would be appropriate for Mr. Misleh to be on the Civil Service
Board and declined at that moment to say anything more and would vote no on the motion. Commissioner Walter did
comment that he had an objection originally when Mr. Misleh was appointed to the Board but indicated that somehow
it got by. Town Attorney Gougelman suggested that the Commission might solicit and see if there are other people
who are interested before they take a vote on filling the vacancy. Vice Mayor Smith suggested that the vacancy be
put on the bulletin board and in the newsletter as there were other positions available also. Commissioner Guglietta
inquired as to how often the Board met. Civil Service Board Chairman Martha Russo came forward to explain that the
Board meets twice a year, once in April and in October and other times for interviews depending upon the Police Chief.
Commissioner Crispen asked what the charge of the Board was. Chairman Russo explained that candidates who
wished to work in the Town would be interview by the Board and would be rated by the Board who in turn would give
their recommendation and ratings to the Police Chief who would have the final say. Chairman Russo said that it was
like a screening board for new employees. Chairman Russo also commented that there was discussion that the
Board might be more involved in the department. Mayor Wille asked if there were current vacancies in the department
and was told there were two. Mayor Wille asked if the Board might not be called to interview and Chairman Russo felt
that with two vacancies it would be soon. Vice Mayor Smith commented that this might be considered an emergency
and officers could be hired without the Board interviewing them. Further discussion followed concerning the process of
hiring new officers and what was occurring at this point and that the Interim Police Chief would be hiring someone soon.
Commissioner Walters indicated that he would still like the Board to meet.
Mayor Wille asked Chairman Russo of her impression of Mr. Misleh's input to the Board. Chairman Russo commented
that because of Mr. Misleh's law education, he was very helpful and as far as his work with the Board, he had always
been there and responsive. Vice Mayor Smith said that she agreed with Commission Walters and she had some
questions for the Town Attorney and wanted clarification on them before she could vote.
Mayor Wille explained that no action would to be taken and as the Commission would be meeting in early February,
they could consider filling the position on the Board if someone were to apply. Mayor Wille also felt that it would be
nice if there were an impending of the Civil Service Board that it would have a full complement of citizen members.
It was pointed out that the Board did have two alternates at the present time, which the Mayor was not aware of. In
response to Commissioner Crispen's questions, it was explained that the Civil Service Board only considers police
officers and no other staff members. Commissioner Crispen also commented that if the Board existed primarily for
the purpose of interviewing potential police officers then why would the process be circumvented. Further discussion
followed concerning the Board and the hiring of officers without the screening of the Board and what it would take to
change the rules concerning an emergency situation that would circumvent the Board. Commissioner Walters
explained the process and the current situation with the vacancies in the Police Department and why sometimes it
was necessary to circumvent the services of the Board due to time restraints.
Mayor Wille restated that by consensus of the Commission there would be no action taken on the reappointment
of Mr. Misleh and the Commission requested the staff to come back to the Commission with some background
information on the policy of the Civil Service Board and possible options to address the current emergent situation
of the vacancies in the Police Department. Commissioners Guglietta and Crispen asked that whatever information
Commissioner Walters and Vice Mayor Smith had concerning the reappointment situation that they receive the same.
VI. REPORTS:
A. TOWN ATTORNEY
Town Attorney Gougelman had no report.
B. INTERIM TOWN MANAGER
Interim Town Manager Masny reported that Sue Williams from FPL had advised that the Town would be
getting a refund of $4250 on the cost for underground lines in Ryckman Park. Interim Town Manager Masny
also reported that Barbara Meyer would be meeting with Public Works Director Powers and herself next week
for the possibility of funding an extension of sidewalks on Cherry Drive. Interim Town Manager Masny explained
that the wording that was requested in the Traffic Calming Policy regarding the public notification was now in the
policy and that she was working with the Town Attorney to remove that policy from the Policies and Procedures
Manual and place it in the correct area. Interim Town Manager Masny then reported on the beginning of the
demolition in the Park and that there was no electrical power in the Park and the lack of lighting for the
tennis courts was of concern to a couple of residents.
Commissioner Walters asked the Interim Town Manager about the Building Official getting back with some
plans for increasing the fees for permits and he wanted to know what had been done. Interim Town Manager
Masny replied that the Building Official had not followed through on this and that she would check on it.
Commissioner Walters then asked with the Commission's consensus to not only ask for the increase of the
fees but require the contractors bring in their actual contracts with the owner that show the actual cost of the
project based on. This additional request was because of Commissioner Walters' conversations with the
Building Official.
Commissioner Walters continued with his comments by requesting that the Fire Department include in their
monthly report the location of a fire, type of fire or false alarm, the damage caused and how many responded.
Commissioner Walters asked if Pine Street was open. Commissioner Walters then asked Interim Town Manager
Masny why it wasn't feasible to put up temporary lights on the tennis courts. Interim Town Manager Masny
explained that there was no immediate power source and on a temporary basis for approximately eight weeks
it would cost around $5000.
Commissioner Walters continued by asking Interim Town Manager Masny about the cell phones and said that
it had now been four months since the request for the overview. Interim Town Manager Masny replied that she
was still working on the overview.
Commissioner Walters next asked about evaluations and who did them. Interim Town Manager Masny explained
that the Mayor did the Interim Town Clerk's and that hers had not been done and wanted to know if they wanted
to do hers from when she started August. Commissioner Walters asked for copies of any evaluations that had
been done because he intended to evaluate anyone under direct control of the Commission except for the Town
Attorney. There was some discussion as to who was evaluated by whom.
Commissioner Walters then went to the topic of the budget and a note that indicated the budget report was not
available and he wanted a run down as to why because as he pointed out, this had been going on for over a year.
Interim Town Manager Masny explained about the timing of the bank statements and how the process was
affected by that. Commissioner Walters then asked if the Commission would look at the cost involved to bring
all of the accounting work back to the Town, the contract with FACS, the total cost of the contract as well as the
cost of the full time Financial Clerk the Town has currently and some alternatives. Mayor Wille indicated that he
did not disagree with this but that the Commission should wait until a new Town Manager is hired and let that
person deal with the process, as that individual will be the one responsible for the entire operation and should
have input. There was other discussion as to who should address this. Commissioner Crispen said that he
would study this and perhaps a workshop would be helpful.
Commissioner Guglietta observed that when he was signing the checks, he did notice many different phone
services and also asked for the overview report on the communication systems being used be completed.
Commissioner Crispen made comments concerning the status of the Commission minutes. Other comments
and suggestions were made. Vice Mayor Smith did explain that some of the other Boards did their own minutes
with the Town Clerk putting them in order but that the minutes for the Planning & Zoning Board and the Board of
Adjustment were the responsibility of the Town staff.
Vice Mayor Smith then asked about the policy of the handling of email and Interim Town Manager Masny said
that it was treated just like any other public record and that it was kept on file if anyone should request seeing
hard copies of what was sent or received. There was discussion concerning the retention time of these emails.
In response to Mayor Wille's asking if all departments were archiving their email properly, Interim Town Manager
Masny replied that she would send a memo reminding and instructing all departments of the proper procedures
for handling emails. Mayor Wille asked that the Interim Town Manager be sure that the Town was following all
the policies and procedures.
Mayor Wille then asked Interim Town Manager Masny about the Impact Fee Committee meeting that she attended
and referred to her memo concerning that meeting. Mayor Wille asked if it was her intent at the meeting with
Barbara Meyer to look for other possible alternatives that meet with the community's general interest and also
see what the possibility would be to access some of the $61,387. Interim Town Manager Masny said that Ms.
Meyer had mentioned that if they find some projects such as sidewalk extensions or connectors that the Town
could go back to the committee and ask for funding. They would come back with options for the Town to consider.
The Mayor explained some of the past history of the pedway and how the residents had felt about not having a
pedway on Oak but that now there was interest for impact money to go to putting in wider shoulders on Oak.
There was other discussion concerning a pedway, why other communities have one, the past history when this
subject was approached in the Town, why not look at it again and try to get some of the impact fee back for
something transportation orientated. Commissioner Crispen had some questions as to the possibility of
reopening the pedway subject, what steps could be taken, did the stormwater project effect it and what type
of timeframe was involved. Commissioner Crispen and Commissioner Guglietta were both in favor of reopening
the subject of the pedway. Mayor Wille suggested that a process be set up to engage the community's opinions
as well as the staff coming back with information on the pedway and its location. Mayor Wille under the direction
of the Commission asked Interim Town Manager Masny to engage Barbara Meyer as to what would be the proper
procedures if the Town responded to the Impact Fee Committee's recommendation for a sidewalk/pedway to run
on the east side of Oak Street as well as other alternatives. Interim Town Manager Masny would then report back
to the Commission as well as providing background information to them
VII. TOWN COMMISSION ANNOUNCEMENTS, COMMENTS & REPORTS
Commissioner Crispen asked for confirmation on the upcoming meetings. Commission Walters indicated that he
had quite a bit of information on the candidates coming for their interviews and would discuss it at the appropriate
time. Commissioner Guglietta reported on the Space Coast League of Cities meeting and requested that the other
Commissioners attend these meetings periodically. Commissioner Guglietta reported on information put out by
Brevard County Commission on Aging and requested if he could attend the Florida League of Cities Elected Officials
Institute in Orlando June 7 - 9. The process of attending this meeting or others was explained to the new Commissioners
and Mayor Wille encouraged them to attend any meetings that would help them learn about municipal government. As it
was pointed out, there are funds budgeted for travel and meetings and it was up to the individual Commissioner if he/she
wanted to attend. Commissioner Walters reminded Commissioner Guglietta of the State statutes covering expenses
and reimbursements. Mayor Wille just asked that everyone be cognizant of the money that was being spent in that
category.
Vice Mayor Smith asked if the Interim Town Clerk would have the Finance Clerk distribute to all the Commission a
copy of all employees' current salaries since the step program went into effect to see where the employees fell out.
Commissioner Walters also asked for the salaries before October 1 and to date. Vice Mayor Smith also brought up
the possibility of changing the administrative assistant position back to Deputy Clerk and if that position had been kept,
Vice Mayor Smith felt that there would have been more training, more opportunity for supervision and more control by
Cindy. Vice Mayor Smith also suggested that they all keep a list of items they would like the new Town Manager to
review and address. Mayor Wille expressed his hope that once a Town Manager was hired, that they would convene
in some sort of workshop or retreat in order to discuss priorities and goals.
Mayor Wille explained that there would be a special meeting following the interviews on Thursday, January 17 to
allow them to take possible action concerning the Town Manager position. The Interim Town Clerk would have
information concerning salaries, benefit packages, former Town Manager contracts and how to go about the
background checks. Mayor Wille asked if there were any other items anyone else would like to have prepared
for that meeting. Mayor Wille discussed the previous negotiation process. Commissioner Walters stated that
he would prefer that the Town Commission set the guidelines and have the Town Attorney negotiation by himself
with the prospective Town Manager. Commissioner Guglietta clarified the process. Commissioner Crispen asked
Town Attorney Gougelman what the distinction was between a workshop and a special meeting. Town Attorney
Gougelman explained that workshops were basically for discussion, more relaxed, public comments could be taken
but it was a time for the Commission to dig into issues in a more informal way. He said that what comes out of a
workshop was a consensus as to where the Commission would want to go but no formal action could take place.
Therefore, a special meeting would be necessary if the Commission wanted to take formal action. Town Attorney
Gougelman strongly advised that there be a background check done on a potential Town Manager and not just a
FDLE investigation.
VIII. ADJOURNMENT
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER GUGLIETTA TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The regular meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 9:30 p.m.
____________________________________
ROBERT D. WILLE, MAYOR
____________________________________
CYNTHIA E. MASNY, INTERIM TOWN MANAGER
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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