TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - REGULAR MEETING
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 WEDNESDAY
February 19, 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 7:08 p.m. on Wednesday, February 19, 2003 in the Community Center.  Mayor Crispen also led 
the Pledge of Allegiance to the Flag.
Present:  
Mayor Crispen
Vice Mayor  Smith
Commissioner Price
Commissioner Walters
Commissioner Wilson
Others Present:  
Town Attorney Gougelman
Town Manager Hoskovec
Police Chief Loizzo
Building Official Munroe
Finance Manager Matthews
38 Members of the public
Town Clerk Masny
I.      CHANGES TO THE AGENDA.
        There were no changes to the agenda.

II.     PRESENTATIONS BY SPECIAL GUESTS:
        A.       PRESENTATION BY JUSTIN LITTLEJOHN TO THE MELBOURNE BEACH VOLUNTEER FIRE 
        DEPARTMENT AND THE TOWN OF MELBOURNE BEACH.
        Justin Littlejohn presented a check to the Melbourne Beach Volunteer Fire Department representing funds he 
        collected selling lemonade and the Department presented Justin Littlejohn with a Certificate of Appreciation for 
        his donation.   
        B.      TOWN MANAGER HOSKOVEC TO PRESENT LORI MATTHEWS, FINANCE MANAGER.
        Town Manager Hoskovec presented Lori Matthews as the Town’s Finance Manager.

        C.      PRESENTATION OF SCOTT FERGUSON OFFICER OF THE YEAR 2002.
        Chief of Police Loizzo presented Scott Ferguson as Melbourne Beach Police Department’s Officer of the Year 2002.

        D.      PRESENTATION OF MATTHEW SMITH, OFFICER OF THE MONTH JANUARY 2003.
        Chief of Police Loizzo presented Matthew Smith as Melbourne Beach Police Officer of the month for January 2003.
III.    TOWN BOARD APPOINTMENTS:
        A.      CONSIDERATION OF APPOINTMENT OF PAUL S. GUGLIETTA TO THE ENVIRONMENTAL 
        ADVISORY BOARD IN THE ALTERNATE #2 POSITION WITH A TERM FEBRUARY 19, 2003 THROUGH 
        FEBRUARY 19, 2005. 
        COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON TO APPOINT PAUL S. GUGLIETTA 
        TO THE ENVIRONMENTAL ADVISORY BOARD IN THE ALTERNATE #2 POSITION WITH A TERM 
        FEBRUARY 19, 2003 THROUGH FEBRUARY 19, 2005.  
         VOTE:  ALL AYES.  MOTION CARRIED.

IV.     NON-SCHEDULED CITIZEN COMMENTS 
         Alice Graham, 305 Fifth Avenue, commented that the Town Commission should  move the lectern to the side 
         of the room to help with visual enhancement. 

         Martha Russo, 420 Sunset Boulevard commented that some of the new homes in Town seem to be exceeding 
         the height restriction.  Ms. Russo commented that she thought the Community Chapel was to pave the new 
         parking lot with crushed coquina rock and asked why is it black top now?  Town Manager referred the question 
         to Daryl Munroe, Building Official.  Building Official Munroe commented that the change was a request of the 
         Community Chapel due to the mess made by coquina shell when it is tracked into the chapel, cars, etc.  
         Building Official Munroe stated that black top is an acceptable surface and he thought it was a common 
         sense judgement on his part to upgrade to asphalt.  Building Official Munroe advised that the change to 
         asphalt was approved by the St. Johns River Water Management District.  Building Official Munroe commented 
         that as far as building height is concerned, the ordinance allows for a portion of a roof or steeple to exceed the 
         height restriction.  

V.      APPROVAL OF MINUTES:    JANUARY 15, 2003 REGULAR MEETING
         COMMISSIONER WILSON MOVED, SECOND COMMISSIONER PRICE TO APPROVE THE 
         JANUARY 15, 2003 REGULAR MEETING MINUTES AS WRITTEN.  
         VOTE: ALL AYES.  MOTION CARRIED.  

VI.     REPORTS BY ANY TOWN BOARD SUBMITTING A REPORT.
         Ann Downing, Secretary of the Williams Building Committee, advised that the renovations of the Williams 
         Building are moving along, and the Committee is checking to see what will be the best way to remove paint 
         on the inside of the building so that they can paint and then install windows and doors. 

         Ms. Downing reported that as a fund raiser, the Williams Building Committee will establish a recipe book for 
         Melbourne Beach and would like the Town Commission as well as employees to donate their favorite recipe 
         for the publication.

VII.    CONSENT AGENDA:
         A.      REAPPOINTMENT OF PAUL S. GUGLIETTA FROM THE ALTERNATE #2 POSITION ON THE PARKS 
         BOARD TO THE ALTERNATE #1 POSITION ON THE PARKS BOARD WITH A TERM FEBRUARY 19, 2003 
         THROUGH FEBRUARY 19, 2005.
         COMMISSIONER WILSON MOVED, SECOND VICE MAYOR SMITH TO APPROVE THE CONSENT AGENDA, 
         REAPPOINTMENT OF PAUL S. GUGLIETTA FROM THE ALTERNATE #2 POSITION ON THE PARKS BOARD 
         TO THE ALTERNATE #1 POSITION ON THE PARKS BOARD WITH A TERM FEBRUARY 19, 2003 THROUGH 
         FEBRUARY 19, 2005.           
         VOTE: ALL AYES.  MOTION CARRIED.
VIII.   PUBLIC HEARING:
         A.      RESOLUTION NO. 715
         A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AUTHORIZING 
         INTRADEPARTMENTAL TRANSFERS FOR FISCAL YEAR 2002-2003 IN THE LAW ENFORCEMENT TRUST 
         FUND BUDGET; PROVIDING AN EFFECTIVE DATE.
         Town Attorney Gougelman read Resolution No. 715 by title.  Town Manager Hoskovec asked Police Chief 
         Loizzo to address the Town Commission on this request. Chief Loizzo advised that the Police Department 
         has ten (10) hand-held radios in their fifth (5th) year of service and a couple that are in their ninth (9th) year 
         of service and the department is looking to replace them with at least six (6) new radios, including batteries 
         and chargers and giving the Fire Department the older, functional radios.  Chief Loizzo stated that the second 
         phase deals with the trunk-mount radios, replacing the older models with the updated ones.  Chief Loizzo 
         stated that the Town has funding through the 800 MHZ radio system which can only be used for radios and 
         upgrades to systems.  Chief Loizzo stated that there is currently in excess of $106,000 in that budget item.

         Vice Mayor Smith stated that she would like to see the department buy ten (10) radios rather than six (6) and 
         asked what the life span of these radios are?  Chief Loizzo stated that the life span is about five (5) years.  

         Chief Loizzo stated that it is his understanding that this is a sole source vendor from the Brevard County bid.

         Commissioner Wilson asked how the money is generated in the 800 MHZ fund?  Chief Loizzo responded that 
         the funds come from a percentage of the traffic citations written.  Commissioner Wilson asked what the 
         emergency distress option does on the radios?  Chief Loizzo responded that if a Police Officer is involved 
         in a scuffle, he can push a button to transmit that he needs emergency backup.
 

         Commissioner Price stated that the Police Chief asked for six (6) radios and asked if this would meet his 
         needs?  Chief Loizzo responed that this would meet his needs today. Commissioner Price stated that 
         funding was not a problem and asked if he is of a mind to change his request from six (6) radios to ten (10)?  
         Chief Loizzo responded that six (6) will do what he needs today, by purchasing ten (10), he can put the entire 
         radio wave on the same cycle and the department will be more flexible to offer more support for the fire 
         department.  Chief Loizzo stated that he will change his request to ten (10) radios.

         Mayor Crispen stated that Schedule “A” will need to be changed and asked what the total amount is of the 
         increase and decrease is to the budget amendment?  

         Town Attorney Gougelman stated that there are three (3) things the Town Commission will need to do:  make 
         changes to the resolution and approve it, comply with Town Code Section 15-27 (j) make a finding that these 
         are being purchased as a sole source; and, approve the purchase order. 

         Town Attorney Gougelman recommended that the Town Commission amend Section 1. of Resolution 
         No. 715 by deleting the words, “has reviewed that” and inserting the words, “approves the”.  After a 
         discussion by the Town Manager and Town Commission, Schedule “A” is to be revised to decrease the 
         800 MHZ Contingency Fund by $30,957.74 for a total amended budget of $75,483.26 and increase the 
         Capital/Forfeiture Items by $30,957.74 for a total amended budget of $38,957.74.

         COMMISSIONER PRICE MOVED, SECOND VICE MAYOR SMITH TO APPROVE RESOLUTION NO. 715, 
         A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AUTHORIZING 
         INTRADEPARTMENTAL TRANSFERS FOR FISCAL YEAR 2002-2003 IN THE LAW ENFORCEMENT TRUST 
         FUND BUDGET; PROVIDING AN EFFECTIVE DATE AS AMENDED TO INCLUDE TEN (10) HAND-HELD 
         AND TWO (2) VEHICLE RADIOS, COMPLETE FOR A TOTAL PACKAGE OF $30,957.74 AND AS AMENDED 
         IN SECTION 1. TO DELETE THE WORDS, “HAS REVIEWED THAT” AND INSERT THE WORDS, “APPROVES 
         THE”.           
         VOTE: ALL AYES.  MOTION CARRIED.

         COMMISSIONER PRICE MOVED, SECOND VICE MAYOR SMITH TO ACCEPT STAFF RECOMMENDATION 
         OF COMMUNICATIONS OF BREVARD AS A SOLE SOURCE THROUGH THE BREVARD COUNTY BID 
         TO PURCHASE THESE RADIOS AND APPROVE THE PURCHASE ORDER.  
         VOTE: ALL AYES.  MOTION CARRIED.


         B.      RESOLUTION NO. 716
         A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AMENDING 
         PARAGRAPH ©) OF SECTION 2. AND AMENDING SECTION 4. OF RESOLUTION NO. 677, WHICH 
         CREATED A HISTORIC BUILDING PRESERVATION AD HOC COMMITTEE; PROVIDING AN 
         INTERPRETATION CLAUSE; PROVIDING AN EFFECTIVE DATE.
         Town Attorney Gougelman read Resolution No. 716 by title. Town Manager Hoskovec stated that two (2) 
         months’ ago this was discussed and the Town Commission directed staff to create a resolution to extend 
         the Williams Building Committee.

         VICE MAYOR SMITH MOVED, SECOND COMMISSIONER PRICE TO ADOPT RESOLUTION NO. 716, 
         A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AMENDING 
         PARAGRAPH ©) OF SECTION 2. AND AMENDING SECTION 4. OF RESOLUTION NO. 677, WHICH 
         CREATED A HISTORIC BUILDING PRESERVATION AD HOC COMMITTEE; PROVIDING AN          
         INTERPRETATION CLAUSE; PROVIDING AN EFFECTIVE DATE. 
         VOTE: ALL AYES.  MOTION CARRIED.
IX.     OLD BUSINESS:
          A.      DISCUSSION AND POSSIBLE ACTION REGARDING THE CREATION AND IMPLEMENTATION 
          OF THE AMENDED LOCAL GOVERNMENT INTERLOCAL PLANNING AGREEMENT.
          Town Manager Hoskovec stated that the Town Commission had approved the original interlocal agreement 
          in December and since then it had been amended. Town Manager Hoskovec stated that the Town Attorney 
          has reviewed the agreement.  Town Manager Hoskovec reported that the Town of Indialantic requested that 
          the school board appoint a resident in the position. 

          VICE MAYOR SMITH MOVED, SECOND COMMISSIONER WILSON TO ADOPT THE CREATION AND 
          IMPLEMENTATION OF THE AMENDED LOCAL GOVERNMENT INTERLOCAL PLANNING AGREEMENT. 
          AFTER DISCUSSION, 
          VOTE: ALL AYES.  MOTION CARRIED.

          Commissioner Wilson asked for an explanation of the agreement.  Town Attorney Gougelman explained 
          that there are amendments to the Growth Management Law to try to manage growth through concurrency 
          with regard to school populations and advance planning for school location.  Town Attorney Gougelman 
          stated that the amendment requires an interlocal agreement to set up the frame work to project the need 
          for expanded schools and one (1) of these requirements is that a member of the Local Planning Agency 
          is to be appointed by the school board, at least in the non-voting capacity.  Town Attorney Gougelman 
          stated that the Town will need to amend its ordinance regarding the composition of its Local Planning 
          Agency to include a non-voting school board member.

          Commissioner Price stated that this is strictly for public facility school planning and the agreement will be 
          entered into with the Board of Education and all municipalities and the county and asked Town Attorney 
          Gougelman if there is anything in this agreement that would give away the autonomous right of the Town 
          to any other entity, the school district or the county?  Town Attorney Gougelman stated that in a sense 
          there is, and that if a school is to be expanded or a new school is going to be built, the school board 
          will make that decision, not the Town and the interlocal agreement seeks to tie permits to the available 
          seating in schools.

X.      NEW BUSINESS:
         A.      DISCUSSION AND POSSIBLE ACTION REGARDING LEASE/PURCHASE OF PATROL VEHICLES 
         FOR THE MELBOURNE BEACH POLICE DEPARTMENT.
         Police Chief Loizzo commented that the department has reviewed the budget for new vehicles and looked at 
         ways to get more vehicles with these funds.  Police Chief Loizzo reported that the department has looked at 
         a lease/purchase option, one (1)  for two (2) years and for three (3) years, and by doing a two (2) year lease, 
         the department can purchase two (2) vehicles this year with the money allotted to buy one (1), which will carry 
         over into year two (2) as the second (2nd) year of the lease.  Police Chief Loizzo commented that by adding 
         one (1) vehicle at that time, it will up the budget slightly in year two (2), and in year three (3), we will be back 
         to purchasing a fourth (4th) vehicle and we will be in the same position we are now, budget-wise.  Chief Loizzo 
         stated that in year four (4), the four (4) vehicles will be paid for.   

         Chief Loizzo stated that the department is recommending Program #1, and reviewed this program with the 
         Town Commission and answered questions from the Town Commission regarding the vehicles.  

         Mayor Crispen asked Town Manager Hoskovec if this is his recommendation also?  Town Manager Hoskovec 
         stated the it is, however, he would like the Town Attorney to review the agreement before we settle on it. 

         COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON THAT THE TOWN COMMISSION          
         APPROVE PROGRAM #1 FOR THE LEASE OF VEHICLES FOR THE POLICE DEPARTMENT.  
         VOTE: ALL AYES.  MOTION CARRIED. 
         (ATTACHMENT #1)


         B.      DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF TOWN AUDITORS, 
         HOYMAN, DOBSON & COMPANY, P.A. TO PERFORM A STATE SINGLE AUDIT IN ACCORDANCE 
         WITH THE REQUIREMENTS OF THE FLORIDA SINGLE AUDIT ACT.
         Town Manager Hoskovec asked that Debbie Bradley from Hoyman, Dobson and Company come forward to 
         explain the proposal.  Ms. Bradley explained that because the Town has received so much in grant funds for 
         the fiscal year ended September 30, 2002, the auditors had to  review the grants to see if they were federal, 
         state or local and advised that there is a requirement in the Florida Statutes that if you expend over $300,000 
         in grant funds, from the state in one year, you are required to have a special audit.  Ms. Bradley stated that 
         the auditors will need to perform the necessary compliance testing on state grant funds.

         Town Manager Hoskovec stated that it is staff’s recommendation to accept the proposal from Hoyman Dobson.

         Commissioner Price requested the total cost for this audit?  Town Manager Hoskovec responded it will be $4,568.

         Mayor Crispen asked when this audit will occur?  Ms. Bradley responded that it will be completed within the 
         next week or two.  Mayor Crispen suggested that in the future, the Town might want to consider inserting in 
         grant applications that the use of funds may be used for any required state audit.  Ms. Bradley stated that 
         this would be a good idea if the grants are sizable.  

         COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON TO APPROVE STAFF’S 
         RECOMMENDATION THAT TOWN AUDITORS, HOYMAN, DOBSON & COMPANY, P.A. PERFORM 
         A STATE SINGLE AUDIT IN ACCORDANCE WITH THE REQUIREMENTS OF THE FLORIDA SINGLE 
         AUDIT ACT.           
         VOTE: ALL AYES.  MOTION CARRIED.

         C.      DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF PAYMENT REQUEST BY 
         DOUG WILSON ENTERPRISES, INC. REGARDING CONSTRUCTION OF THE MUNICIPAL COMPLEX.
         Town Manager Hoskovec advised that the next three (3) items on the agenda for the purpose of receiving 
         approval for payment of expenditures are over $3,000.  Town Manager Hoskovec stated that he understands 
         that these items were budgeted, and asked the Town Commission if they want him to bring such items to 
         them for approval or pay them as they are budgeted items. 
         Vice Mayor Smith commented that since this item is approved in the budget and we know these projects are 
         going on, we should give the Town Manager the authority to pay these and provide a copy to the Town 
         Commission when paid. 

         Mayor Crispen stated that there has always been some question as to the Town Manager’s authority and 
         the Town Commission needs to define exactly which projects and payments we are talking about.

         Vice Mayor Smith stated that the municipal complex and pier are the two big current projects and when we 
         have our goals workshop, we can look more into this.  Vice Mayor Smith stated that the ordinance states 
         that anything over $3,000 has to come to the Town Commission, and this can be a chore.

         Town Attorney Gougelman commented that the Town Manager could put these types of expenditures  on a 
         consent agenda with documentation or the Town Commission could determine that if you have a budgeted 
         expenditure or an approved contract for specific services, you could delegate the expenditures as the 
         services are performed.  

         Commissioner Walters stated that the Charter says that up to $3,000 the Town Manager has the authority 
         to go ahead, without going to bid, and purchase an item.  Commissioner Walters stated that if it is budgeted, 
         if it has already been approved, that is fine, but if a Manager goes out and purchases something that has 
         never been budgeted, he would have a problem with this.

         VICE MAYOR SMITH MOVED, SECOND COMMISSIONER PRICE TO ALLOW THE TOWN MANAGER 
         TO MAKE PAYMENTS ON APPROVED BUDGETED ITEMS WITHOUT COMING TO THE TOWN 
         COMMISSION FOR ADDITIONAL APPROVAL AND FOR ALL EXPENDITURES IN EXCESS OF $3,000, 
         COPIES OF ACTUAL EXPENDITURES BE PROVIDED TO THE TOWN COMMISSION AT THE TIME 
         THEY ARE MADE.           
         VOTE: ALL AYES.  MOTION CARRIED.            

         D.      DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF PAYMENT REQUEST BY 
         BAYSHORE CONSTRUCTION AND OUTLAW AND JONES REGARDING CONSTRUCTION OF THE 
         MUNICIPAL PIER.
         There was no action on this agenda item.

         E.      DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF PAYMENT REQUEST FROM 
         GEOTECH REGARDING RUBBER MULCH PLACEMENT IN RYCKMAN PARK.
         There was no action on this agenda item.


         F.      DISCUSSION AND POSSIBLE ACTION REGARDING THE EMPLOYEE’S HEALTH CARE 
         INSURANCE PROVIDER AND HEALTH CARE PLAN.
         Town Manager Hoskovec asked Finance Manager Matthews to help with this agenda item.  Town Manager 
         Hoskovec stated that it is the time of year to look at employee health plans.  Lori Matthews, Finance 
         Manager commented that three (3) local insurance agencies provided 32 health plans and dental plans 
         for the Town employees and that she reviewed these plans and the information is projected in the agenda 
         packet.  Finance Manager Matthews reported that the existing Blue Cross/Blue Shield plan is an estimated 
         $20,680.78 over budget and by switching to the Health First plan, the Town would be $5,795.46 over the 
         budget, and by switching to Aetna, the Town would be $11,380.49 over budget.  

         Town Manager Hoskovec stated that he asked for feedback from the staff and reported that four (4) of the 
         administrative staff wanted to stay with Blue Cross and three (3) were leaning to but were not committed 
         one way or another.  Town Manager Hoskovec stated that nine (9) of the Police Officers wanted to switch 
         to Health First. Town Manager Hoskovec reviewed the coverage and cost differences between the Blue Cross 
         and Health First insurance plans. Town Manager Hoskovec stated that he is proposing the Health First 
         program HF4, with the staff having the option of picking up the Health First Value Choice point of service 
         at their own expense.

         Vice Mayor Smith asked what the difference is in how much an employee would pay for spouse coverage?  
         Town Manager Hoskovec stated that Blue Cross spouse coverage is $781.17 and with Health First, it is $625.79.   

         Commissioner Price asked why the Town is looking at insurance at this time?  Town Manager Hoskovec stated 
         that it is the annual review.  Commissioner Price stated that we are also facing a short fall of almost $20,000 if 
         we stay with Blue Cross.  Commissioner Price asked Town Manager Hoskovec that for the most part, the 
         employees are willing to make this change at this time?  Town Manager Hoskovec stated that it is about 60/40.  

         Commissioner Walters stated that four (4) administrators want to stay with Blue Cross and nine (9) Police 
         Officers want Health First and asked why the officers would prefer Health First?  Town Manager Hoskovec 
         stated that most of the Police Officers are looking at family situations and they see the savings on the 
         out-of-pocket expenses. Commissioner Walters stated that he believes Police Officers are more likely to 
         use health care insurance because of the chance for injuries and commented that the $250 per day for 
         hospital coverage will add up real quick for someone who makes only $27,000 per year.
         Vice Mayor Smith verified with Town Manager Hoskovec that if the Town switches the health care coverage 
         to Health First, the employees have the option of choosing the PPO coverage at their expense, the Town’s 
         cost stays the same and it is less out of their pocket for family coverage.

         Mayor Crispen verified with Town Manager Hoskovec that a budget amendment will have to be done for the 
         increase in health insurance.

         VICE MAYOR SMITH MOVED, SECOND COMMISSIONER PRICE TO ACCEPT STAFF’S RECOMMENDATION 
         TO CHANGE HEALTH INSURANCE TO HEALTH FIRST.  
         VOTE: ALL AYES.  MOTION CARRIED.

         Commissioner Wilson asked about the Town changing dental insurance carriers.  Town Manager Hoskovec 
         stated that the Town had always made dental insurance an option to staff, but the Town does not pick up the 
         cost and advised that the current coverage carrier, Fortis does not have a lot of dentists in the plan and advised 
         that the Finance Manager has received bids on the dental coverage and that Guardian has several policies 
         with more choices for staff.  Town Manager Hoskovec recommended that the Town change dental coverage 
         carriers to Guardian.

         COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON TO ACCEPT STAFF’S 
         RECOMMENDATION TO CHANGE THE TOWN’S CARRIER OF DENTAL INSURANCE FROM 
         FORTIS TO GUARDIAN.   
         VOTE: ALL AYES.  MOTION CARRIED.

         G.      DISCUSSION AND POSSIBLE ACTION REGARDING A PROPOSAL FROM TOWN’S ENGINEERING 
         FIRM OUTLAW AND JONES CONCERNING THE TOWN’S REQUIRED NPEDS PERMIT.
         Town Manager Hoskovec referred this agenda item to Town Engineer Gail Jones of Outlaw and Jones.  Mr. 
         Jones advised that the Town has taken several steps to reduce the transport of pollutants into the Indian River 
         Lagoon and to comply with the Environmental Protection Agency’s NPEDS requirements.  Mr. Jones listed 
         some of the ways the Town has accomplished these tasks and explained that the Town will need to file a 
         notice of intent to use a generic permit for the discharge of stormwater from a municipal, separate storm 
         sewer system.  Mr. Jones reviewed the permit process with the Town Commission and advised that this 
         will need to be filed in Tallahassee by March 10, 2003.  

         Mr. Jones requested that Outlaw and Jones be allowed to work with the Town Manager and Public Works 
         Director to detail the specifics projects to perform the requirements of the permitting process. 

         Mayor Crispen advised that he does not see a fee for Outlaw and Jones to perform this permit process and 
         Mr. Jones advised that he intended to do this at his hourly rate.  The Town Commission and Town Manager  
         discussed this project as a budgeted item and Town Manager Hoskovec advised that there is $82,000 in the 
         Stormwater Utility budget.  

         The Town Commission  recommended that Mr. Jones submit a proposal for this project and that the Town 
         Commission hold a special meeting prior to the scheduled workshop next week to look at the proposal.  Vice 
         Mayor Smith commented that the former Town Manager signed the contract with Outlaw and Jones prior to the 
         Town Commission and Town Attorney approving it.   
         The Town Commission, Town Attorney and Town Manager discussed the Town Manager approving payment on 
         services, proposals and invoices under and over $3,000 and discussed payment of line-item budgeted items 
         under and over $3,000. The Town Commission requested the Town Attorney to further clarify the motion made 
         earlier during this meeting regarding the Town Manager’s authority to approve payments.  Town Attorney 
         Gougelman suggested that especially with services, the Town Commission should make sure the Town has 
         a detailed proposal and an approved contract. It is the consensus of the Town Commission to address this 
         issue at the March 5, 2003 workshop.

         After a discussion, the Town Commission requested a proposal from Mr. Jones for his services and that they 
         hold a special meeting at 6:30 p.m., prior to the scheduled workshop on February 26, 2003.  Commissioner 
         Price requested a copy of the existing Town Engineer’s contract and that the Town Manager share his thoughts 
         regarding the ongoing activities falling under that contract.

         H.      APPOINTMENT OF A TOWN REPRESENTATIVE TO SERVE ON THE BREVARD WATER 
         SUPPLY BOARD.
         Town Manager Hoskovec advised that he has been the interim attendee at these meeting and that this 
         appointment is not required to be an elected official.  Town Manager Hoskovec stated that he would like 
         to continue serving on this board and recommended that he be the appointee, with an alternate.  

         COMMISSIONER SMITH MOVED, SECOND COMMISSIONER PRICE APPOINT TOWN MANAGER 
         HOSKOVEC AS THE TOWN’S REPRESENTATIVE TO SERVE ON THE BREVARD WATER SUPPLY 
         BOARD AND COMMISSIONER WILSON AS THE ALTERNATE MEMBER TO SERVE ON THE BREVARD 
         WATER SUPPLY BOARD.  VOTE: ALL AYES. MOTION CARRIED.


         I.      APPOINTMENT OF A TOWN COMMISSION MEMBER TO SERVE ON THE MELBOURNE WATER 
         SYSTEM ADVISORY BOARD.
         VICE MAYOR SMITH MOVED, SECOND COMMISSIONER WILSON THAT COMMISSIONER PRICE 
         BE APPOINTED TO SERVE ON THE MELBOURNE WATER SYSTEM ADVISORY BOARD.  
         VOTE: ALL AYES.  MOTION CARRIED.

         J.      ANNOUNCEMENT OF THE 2003 “CITIZEN OF THE YEAR” COMMITTEE MEMBERS BY THE 
         TOWN COMMISSION AND ANNOUNCEMENT THAT APPLICATIONS FOR NOMINATIONS FOR 
         “CITIZEN OF THE YEAR” ARE AVAILABLE AT TOWN HALL.
         Town Clerk Masny stated that each year, each member of the Town Commission appoints a resident to 
         sit on the Citizen of the Year Committee, with the Town Manager serving as a non-voting member.  Town 
         Clerk Masny stated that the Town Commission needs to let her know who they would like to appoint to 
         the Committee.

         Vice Mayor Smith advised the Commission that they should notify the Town Clerk within a short period of 
         time a resident they appoint to the Citizen of the Year Committee.

         K.      APPOINTMENT OF A TOWN COMMISSION MEMBER TO SERVE ON THE 2003  “JUNIOR CITIZEN 
         OF THE YEAR” COMMITTEE AND ANNOUNCEMENT THAT APPLICATIONS FOR NOMINATION FOR 
         “JUNIOR CITIZEN OF THE YEAR” ARE AVAILABLE AT TOWN HALL.
         COMMISSIONER PRICE MOVED, SECOND VICE MAYOR SMITH TO APPOINT COMMISSIONER WALTERS 
         TO SERVE AS THE TOWN COMMISSION MEMBER TO SERVE ON THE JUNIOR CITIZEN OF THE YEAR 
         COMMITTEE AND APPROVE DAVID DUNN, CAROLYN WHITE, RICK BARTMAN AND TONY LOIZZO TO 
         SERVE AS MEMBERS ON THE JUNIOR CITIZEN OF THE YEAR COMMITTEE.  
         VOTE: ALL AYES.  MOTION CARRIED.

         L.      BEACH RENOURISHMENT AND RETENTION (MAYOR CRISPEN) THE POTENTIAL OF SAND 
         FENCES AS A RELATIVELY LOW COST OPTION TO REDUCE/ELIMINATE THE EROSION OF SAND 
         FROM OUR BEACHES.  
         Mayor Crispen stated that he wants the Town Commission to discuss ways to decrease the erosion of the 
         Town’s beach, especially in light of receiving $6 million in county, state and federal funds to renourish our 
         beaches this past year.  Mayor Crispen stated that one of the ways to decrease erosion is through the use 
         of sand fences or other means.  Town Manager Hoskovec advised that Cape Canaveral implemented a sand 
         fence project and explained that the sand blows up from the beach and the intent of a sand fence is to retain 
         sand on the beach by building the  dune lines.  Town Manager Hoskovec recommended that the Town 
         initiate such a program after the turtle nesting season ends.   Town Manager Hoskovec recommended 
         installing sand fences the entire beach with a test project to begin at the Breaker’s Condominium. Town 
         Manager Hoskovec recommended that the Town consider options and hold further discussions prior to 
         the budget year.  

         COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON TO  EXTEND THE MEETING 
         TIME UNTIL 10:30 P.M.  
         VOTE: ALL AYES.  MOTION CARRIED.

         M.      OCEAN PARK RENOVATIONS (MAYOR CRISPEN) REPORT FROM TOWN MANAGER AND/OR 
         PARKS BOARD CHAIRMAN GIVING AN ACTION PLAN FOR OCEAN PARK RENOVATIONS.
         Town Manager Hoskovec reported that the Parks Board has advised that they would like to tackle this item 
         and initiate basic designs and bring them to the Town Commission and the public for approval and, in the 
         meantime, he would find funding for the project.  Mayor Crispen asked when these recommendations 
         will be brought to the Town Commission?  Parks Board Chairman Donnie Price advised that the Board 
         will start discussing this at the May meeting and will come back as information is gathered.  Commissioner 
         Wilson commented that the Board may need a copy of the Ocean Park Lease Agreement.  Chairman 
         Price advised that the Board had discussed keeping the improvements simple and keeping the park area 
         open, similar to Ryckman Park.  Town Manager Hoskovec commented that the Town could possibly 
         consider renaming Ocean Park after former Senator Futch.

         N.      ANNEXATION DISCUSSION AND QUESTIONS (MAYOR CRISPEN) TOWN ATTORNEY TO 
         PREPARE AN OVERVIEW OF LEGAL ISSUES OF THE ANNEXATION OPPORTUNITIES THAT FACE 
         OUR TOWN.
         Mayor Crispen stated that he would like to learn more about annexation and asked if anyone objects to 
         learning more about annexation as an option for the Town, which would include learning how it might 
         affect the Town and how to do it. There were no objections from the Town Commission.  Town 
         Attorney Gougelman stated that there are three (3) ways annexation can occur: Voluntary, involuntary 
         and a special act to annex and explained the ways annexation can occur. After a discussion, the Town 
         Commission asked that the Finance Manager check to see the assessed value of the River’s Edge 
         subdivision and what the revenues would be for the Town.  

         O.      LIGHTS FOR COMMISSION TABLE (MAYOR CRISPEN) REPORT FROM TOWN 
         MANAGER/PUBLIC WORKS DIRECTOR ON THE STATUS OF INSTALLING A LIGHTING 
         SYSTEM FOR THE COMMISSION TABLE AT THE COMMUNITY CENTER.
         Town Manager Hoskovec stated that the Public Works Director is working with the county to model the 
         lighting system after the their system and our vendor, Del Fox is also working on a quote for the lighting 
         system and for a timing light for the speakers.

         P.      RECOGNITION FOR THE LATE SENATOR FUTCH (MAYOR CRISPEN) DISCUSSION OF 
         PERMANENT TRIBUTES TO MELBOURNE BEACH RESIDENT SENATOR FUTCH.  
         Mayor Crispen stated that he would like to discuss the idea of having a permanent tribute to the late Senator 
         Futch and suggested renaming Ocean Park after the late Senator Howard Futch. Town Manager Hoskovec 
         stated that this would be an ideal idea.  

         Frank Thomas, 606 Atlantic Street, commented that Ocean Park has been considered being renamed 
         Ponce de Leon Park and objected to it being named otherwise and suggested that the Town talk to the 
         Futch family.  The Town Commission agreed that the Town should discuss ideas with the Futch family.

         VICE MAYOR SMITH MOVED, SECOND COMMISSIONER WILSON TO EXTEND THE  MEETING 
         THROUGH 10:42 P.M.  
         VOTE: ALL AYES.  MOTION CARRIED.
XI.     REPORTS:
         A.      TOWN ATTORNEY 
         Town Attorney Gougelman reported that the Sunshine Law workshop has been scheduled for 
         Wednesday, March 5, 2003 and that he will have an outline available at least one (1) week prior 
         to the workshop. 

         B.      TOWN MANAGER
         Town Manager Hoskovec stated he advised the Town Commission last month that the Town had 
         received a letter regarding the extension of the bond money for the municipal complex and advised 
         that it was received, but later in the month.  Town Manager Hoskovec stated that from now on, he 
         would like to invite finance, police and other department heads to give the Town Commission a 
         brief report at future meetings.  Town Manager Hoskovec stated that the Police Chief will give the 
         Town Commission a written report on Homeland Security.  Town Manager Hoskovec stated that 
         members of the Florida Department of Transportation walked the area regarding the Ocean Avenue 
         Beautification Project to get some ideas of the area.


         C.      TOWN COMMISSIONERS
         There were no Town Commission reports.

         D.      GENERAL COMMISSION DISCUSSION (TIME PERMITTING)
         There was no general Commission discussion.

XII.    ADJOURNMENT
         COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON TO ADJOURN.  
         VOTE: ALL AYES.  MOTION CARRIED.

The regular meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 10:38 p.m.
____________________________________
MARK J. CRISPEN, MAYOR




____________________________________
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.