TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - SPECIAL MEETING
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WEDNESDAY
March 6, 2002
TOWN HALL - COMMISSION ROOM
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A special 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, March 6, 2002 in the Commission Room
at Town Hall. Mayor Wille also led the Pledge of Allegiance to the Flag.
Present:
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Mayor Wille
Commissioner Crispen
Commissioner Guglietta
Commissioner Walters
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Absent:
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Vice Mayor Smith
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Others Present:
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Tom Macauley, Parks Board
Susan Stark, Resident
Interim Town Manager Masny
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I. DISCUSSION AND POSSIBLE ACTION REGARDING A REQUEST BY THE PARKS BOARD TO AMEND
SIDEWALK PLAN IN RYCKMAN PARK
Interim Town Manager Masny stated that the Parks Board has recommended an amendment to the sidewalk plan
in Ryckman Park. Interim Town Manager Mansy stated that Mr. Rood has sent a change order to the plan with a
not-to-exceed amount of $500 for the plan modification and the contractor has advised that it will cost up to $1,000
to change the sidewalk location as there is currently conduit installed for the electric for the lights.
Tom Macauley, Parks Board member stated that to dead-end the sidewalk into the circular driveway is causing
some concerns regarding safety/liability as cars park along the driveway and this may encourage people to get
to the sidewalk between parked cars. Mr. Macauley presented the sidewalk plan change as prepared by Parks
Board. Mr. Macauley stated that the sidewalk change is approximately 40 feet long and 6 feet wide and 3" deep.
Commissioner Walters stated that he believes that the Town crew could do this and he certainly could help. Mayor
Wille stated that it would be his inclination that the Town do this change, if possible. There is discussion regarding
the conduit and if the Town can move the location of it near the sidewalk. Tom Macauley stated that he will talk to
the contractor tomorrow to see what can be done.
Mayor Wille asked for a motion that Tom Macauley is being asked to work with the Manager to determine the termination
point of that sidewalk location and for the Manager to investigate and authorize, if possible, the Town Public Works staff
to do the formwork for the extension of the sidewalk to terminate on Ocean Avenue. If the electrical is a problem, then
terminate it and it will be fixed after the sidewalk is finished.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER GUGLIETTA THAT THE SIDEWALK STOP
APPROXIMATELY 30 FEET AND HAVE THE CITY CREW REFORM TO THE SIDEWALK EXTENSION ON OCEAN
AVENUE AND ATTEMPT TO HAVE THE CONTRACTORS DO, AT NO EXTRA COST, BECAUSE IT IS ONLY 10 FEET
AND IF NOT, JUST CUT IT OFF THERE AND WAIT UNTIL THEY ARE FINISHED AND WE WILL CONTINUE IT ON.
VOTE: ALL AYES. MOTION CARRIED.
II. DISCUSSION AND POSSIBLE ACTION REGARDING THE TOWN MANAGER EMPLOYMENT AGREEMENT
Mayor Wille stated that the Town Attorney has met with Bill Hoskovec to discuss the employment agreement for the
Town Commission's review and possible approval. Mayor Wille referred to a memorandum from the Town Attorney
regarding a couple of exceptions to the proposed agreement. Mayor Wille stated that it appears that there was a
miscommunication regarding the severance package and it will be accepted as discussed at the special meeting
held on February 21, 2002; the start date of April 1st was discussed with Mr. Hoskovec and he advised that he can
start March 25th, a week earlier; and, on the evaluations, the first evaluation at 3 months was left out and will be inserted.
The Town Commission discussed these changes and and other changes to the agreement: Change the starting
date to March 25, 2002 and change the date of April 1st to March 25th where appropriate; On Page 5 at the top,
change the wording in the severance payment sections to be consistent with the February 21, 2002 special meeting,
"90 days, plus 1 month severance for every year of service with a cap of 12 months' severance. If Agreement is
terminated by the Town Commission for any reason, without prior notice and without cause by providing written
notice to the Manager. No severance payment is provided if Town Manager terminates agreement or is terminated
by the Town Commission for cause." Also, change the examples to be consistent with severance wording; Page 7.
under letter g., 4th line, change the word, "his" to "him"; Page 8. letter b., remove the first two (2) words, "merit or";
Page 8. under letter b., 5th line, make a new paragraph "c." starting with the words, "The Manager", next sentence,
change "Any pay increases" to "Merit Increases"; Change the next sentence, "The annual pay increase shall not be
based upon a performance evaluation by the Town Commission shall be made within the sole and absolute discretion
of the Town Commission." to, "The annual merit pay increase shall be based upon a performance evaluation by the
Town Commission." "It shall be made within the sole and absolute discretion of the Town Commission."; The next
sentence, "However, performance evaluations shall be made by the Town Commission on or about October 1, 2002,
and on or about October 1st of each year thereafter during the term of this agreement. Start this sentence as "d."
"Performance evaluations shall be made by the Town Commission on or about July 1, 2002 and October 1, 2002
and on or about October 1st of each year thereafter during the term of this agreement."; On Page 9, change paragraph
"c" to "e"; On Page 12, under letter h., change the words, "entitled to use" to "provided".
COMMISSIONER CRISPEN MOVED, SECOND COMMISSIONER WALTERS TO APPROVE THE TOWN MANAGER
AGREEMENT AS AMENDED: CHANGE THE STARTING DATE TO MARCH 25, 2002 AND CHANGE THE DATE OF
APRIL 1st TO MARCH 25th WHERE APPROPRIATE; ON PAGE 5 AT THE TOP, CHANGE THE WORDING IN THE
SEVERANCE PAYMENT SECTIONS TO BE CONSISTENT WITH THE FEBRUARY 21, 2002 SPECIAL MEETING,
"90 DAYS, PLUS 1 MONTH SEVERANCE FOR EVERY YEAR OF SERVICE WITH A CAP OF 12 MONTHS'
SEVERANCE. IF AGREEMENT IS TERMINATED BY THE TOWN COMMISSION FOR ANY REASON, WITHOUT
PRIOR NOTICE AND WITHOUT CAUSE BY PROVIDING WRITTEN NOTICE TO THE MANAGER. NO SEVERANCE
PAYMENT IS PROVIDED IF TOWN MANAGER TERMINATES AGREEMENT OR IS TERMINATED BY THE TOWN
COMMISSION FOR CAUSE." ALSO, CHANGE THE EXAMPLES TO BE CONSISTENT WITH SEVERANCE WORDING.
PAGE 7. UNDER LETTER G., 4TH LINE, CHANGE THE WORD, "HIS" TO "HIM". PAGE 8. LETTER B., REMOVE THE
FIRST TWO (2) WORDS, "MERIT OR"; PAGE 8. UNDER LETTER B. 5TH LINE, MAKE A NEW PARAGRAPH "C."
STARTING WITH THE WORDS, "THE MANAGER", NEXT SENTENCE, CHANGE "ANY PAY INCREASES" TO
"MERIT INCREASES"; CHANGE THE NEXT SENTENCE, "THE ANNUAL PAY INCREASE SHALL NOT BE BASED
UPON A PERFORMANCE EVALUATION BY THE TOWN COMMISSION SHALL BE MADE WITHIN THE SOLE AND
ABSOLUTE DISCRETION OF THE TOWN COMMISSION." TO, "THE ANNUAL MERIT PAY INCREASE SHALL BE
BASED UPON A PERFORMANCE EVALUATION BY THE TOWN COMMISSION." "IT SHALL BE MADE WITHIN THE
SOLE AND ABSOLUTE DISCRETION OF THE TOWN COMMISSION." THE NEXT SENTENCE, "HOWEVER,
PERFORMANCE EVALUATIONS SHALL BE MADE BY THE TOWN COMMISSION ON OR ABOUT OCTOBER 1,
2002, AND ON OR ABOUT OCTOBER 1ST OF EACH YEAR THEREAFTER DURING THE TERM OF THIS
AGREEMENT. START THIS SENTENCE AS "D." PERFORMANCE EVALUATIONS SHALL BE MADE BY THE
TOWN COMMISSION ON OR ABOUT JULY 1, 2002 AND OCTOBER 1, 2002 AND ON OR ABOUT OCTOBER 1ST
OF EACH YEAR THEREAFTER DURING THE TERM OF THIS AGREEMENT." ON PAGE 9, CHANGE PARAGRAPH
"C" TO "E". ON PAGE 12, UNDER LETTER H., CHANGE THE WORDS, "ENTITLED TO USE" TO "PROVIDED".
The Town Commission directed the Interim Town Manager to forward these corrections to the Town Attorney and
Mr. Hoskovec so that corrections can be made to the Town Manager Agreement.
III. ADJOURNMENT
COMMISSIONER CRISPEN MOVED, SECOND COMMISSIONER GUGLIETTA TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The special meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 7:50 p.m.
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ROBERT D. WILLE, MAYOR
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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.
PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, THE TOWN HEREBY
ADVISES THE PUBLIC THAT: If a person decides to appeal any decision made by the
Town Commission with respect to any matter considered at its meeting, he will need a
record of the proceedings and that for such purpose, affected persons may need to insure
that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based. This notice does not constitute
consent by the Town for the introduction or admission into evidence of otherwise
inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not
otherwise allowed by law.
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