TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - SPECIAL MEETING

 WEDNESDAY
February 26, 2003
7:00 p.m.
COMMUNITY CENTER

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A special meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by 
Mayor Crispen at 6:35 p.m. on Wednesday, February 26, 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 (arrived at 7:02 p.m.)

Others Present:  

Town Manager Hoskovec
Gail Jones, Outlaw & Jones
Lori Matthews, Finance Manager
2 Residents
Town Clerk Masny

I.      OLD BUSINESS:
        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 reported that this agenda item is a continued discussion from the last regular 
        Town Commission meeting.  Town Manager Hoskovec reported that the Town’s Engineering firm as put 
        together a proposal to submit the permit application and advised that the application deadline has been 
        extended until June 1, 2003.

        Gail Jones of Outlaw and Jones reported that as requested at the last Town Commission meeting, he has 
        submitted a letter outlining the scope of services along with a fee for Outlaw and Jones perform these services.  
        Mr. Jones advised that he will have to sit down with staff to work out details on certain items in the application, 
        but the Town is already meeting a lot of the application requirements.  Mr. Jones reviewed the estimated costs 
        with the Town Commission and reported that the Town spends approximately $10,000 per year between the 
        Beachcomber Newsletter, baffle box pump outs, and street sweeping. 

        Mayor Crispen opened the meeting for comments from the public.  There were no public comments.

        Mayor Crispen asked if the proposal for $2,700 is to get the “Notice of Intent” completed.  Mr. Jones stated 
        that this is correct.  Mayor Crispen asked Mr. Jones to explain the $29,000.  Mr. Jones stated that this is an 
        estimate of annual cost to publish all articles, construct a baffle box, continue to clean out the existing baffle 
        boxes, and continue sweeping the streets.  Mr. Jones reported that by June 1, 2003, the application, along 
        with the supporting documentation has to be in Tallahassee to comply with their requirements and this $29,000 
        is to be spent by December of this year.  Mr. Jones stated that $15,000 is for the baffle box construction and 
        the permit fee is $3,750.

        Commissioner Price asked if this $29,000 is coming out of the budgeted amount of $83,000?  Town Manager 
        Hoskovec stated that some does not, the baffle box does, the cost for doing the document does, but, the street 
        sweeper and newsletter are covered under another area in the budget.   

        Mr. Jones stated that the cost for the entire year will be $29,000, but the Town is already spending $10,000 in 
        other areas of the existing budget, approximately $19,000 will come out of the $83,000.  Commissioner Price 
        asked if there is anything else earmarked for the remainder of the $83,000 at this time?  Town Manager 
        Hoskovec stated that there is not and Commissioner Price stated that the Town Commission could move 
        these funds to another area.

        Mayor Crispen stated that the Town Commission is being asked to approve a $2,750 proposal which does 
        not reach the $3,000 level and asked if this needs any official action?  After a discussion between the Town 
        Manager and Town Commission, most members of the Town Commission concurred to operate under the 
        action of the Town Commission at the last regular meeting, which is that there is no need for a motion to 
        this item as the Town Manager has the authority to purchase these services from Outlaw and Jones.

        Mayor Crispen asked Town Clerk Masny to repeat the motion regarding expenditures as passed at the 
        last meeting.  Town Clerk Masny read the motion, “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.” 

        Mayor Crispen stated that in light of the action took at last week’s meeting, he does not see a need for 
        a motion on this item and that he believes the Town Manager has the authority to purchase these 
        services from Outlaw and Jones.  

        Commissioner Smith stated that she does not agree that we do not have to make a motion to approve 
        this expenditure, based on what the Town Attorney recommended.
        Mayor Crispen asked Town Manager Hoskovec why the Town Attorney feels an ordinance needs to be 
        drafted for this item?  Town Manager Hoskovec stated that the Town Attorney has researched the Charter 
        and rules and regulations and has found conflict regarding approving of expenditures of funds and the best 
        way to resolve this, in his opinion, is by ordinance.

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

The special meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 7:06 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.