TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - WORKSHOP
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 WEDNESDAY
February 26, 2003
 
COMMUNITY CENTER
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A workshop of the Town Commission of the Town of Melbourne Beach, Florida was called to order by 
Mayor Crispen at 7:10 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 Attorney Gougelman
Town Manager Hoskovec
Police Chief Loizzo
Finance Manager Matthews
Seven members of the public
Town Clerk Masny        
I.      CHANGES TO THE AGENDA.
Town Manager Hoskovec stated that there is an addendum under the presentations portion of the agenda.

II.     PRESENTATIONS BY SPECIAL GUESTS: 
        PRESENTATION BY AMY ADAMS OF CAPE CANAVERAL SCIENTIFIC - UPDATE ON GRANT FUNDING 
        OPPORTUNITIES.
        Amy Adams of Cape Canaveral Scientific reviewed a list of grant funding opportunities for the Town.  Ms. 
        Adams stated that she has been working with the Parks Board on a grant opportunity under the Land and 
        Water Conservation Fund for park renovations/upgrading at Ocean Park and this grant has an April 30, 2003 
        deadline.  Ms. Adams reported that the Preservation 2000 Trust Fund, now called Florida Forever has no 
        match requirement for a Town the size of Melbourne Beach and the Town may want to consider purchasing 
        the Boomerang Restaurant property.  

        Mayor Crispen asked for public comment regarding grant opportunities.   

        Frank Thomas 606 Atlantic Street, commented that he believes the oceanfront land at Boomerangs had an 
        artesian feed swimming pool on it at one time and this would be a wonderful idea for the Town to purchase 
        this property.

        Ms. Adams also reported that there is a Florida Recreation Development Assistance Program Grant due 
        March 31, 2003 which could be used for restoration on the Ryckman House.  Ms. Adams reported that the 
        Governor has asked to switch the agency controlling this grant and this particular grant application may 
        not be due until September.  

        The Town Commission discussed action to be taken regarding these grant opportunities and Town Manager 
        Hoskovec reported that the Town would have to amend the budget to include any matching funds for the 
        grants. Commissioner Price commented that the grant writing cost for the smaller grant is around $4,340 
        and the larger grant is about $6,160. 

        COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON TO APPROVE GRANT WRITING 
        SERVICES FOR THESE TWO (2) GRANTS AND THAT THE TOWN COMMISSION ENDORSE APPLYING 
        FOR THE GRANTS, NOT TO EXCEED $10,500 IN GRANT WRITING COSTS.  
        VOTE: ALL AYES.  MOTION CARRIED. 

        PRESENTATION BY FRANK THOMAS - TOWN HISTORY
        Frank Thomas, 606 Atlantic Street acknowledged Amy Adams and others who have made a unique contribution 
        to the Town on important projects and grants such as the Melbourne Beach Public Library.  Mr. Thomas 
        acknowledged Curtis Byrd, who has worked on the Loggerhead Park Preserve and the grant to obtain the 
        land for the preserve.  Mr. Thomas acknowledged Sheryl Alberga for her work on the renovations of the original 
        Town Hall.  Mr. Thomas stated that he has been a resident for 41 ½ years and that he has collected the culture 
        of the Town as well as what the residents are and do.  Mr. Thomas also commented on a book written by a 
        former resident of Melbourne Beach by the last name of Ziolgowski and quoted from the book regarding a 1975 
        movie in the Community Center on surfing.  

        The Town Commission thanked Mr. Thomas for his presentation. 

III.    PROCLAMATIONS AND AWARDS: 
        A.      MAYOR CRISPEN TO AWARD “CERTIFICATE OF COMPLETION” OF THE 2003 INSTITUTE FOR 
        ELECTED MUNICIPAL OFFICIALS TO COMMISSIONER DONNIE L. PRICE, COMMISSIONER STEVE 
        WALTERS AND COMMISSIONER SANDY WILSON.  
        Mayor Crispen presented “Certificates of Completion” to Commissioner Donnie L. Price, Commissioner 
        Steve Walters and Commissioner Sandy Wilson for attending the Elected Municipal Officials Institute.

B.      POLICE CHIEF LOIZZO TO AWARD OFFICER OF THE MONTH FEBRUARY 2003.
        Police Chief Loizzo presented Officer Kathy Murello as Melbourne Beach Police Department’s “Officer of 
        the Month” for February 2003. 

IV.     CONSIDERATION OF APPOINTMENT OF CINDY SCHUSTER TO THE PARKS BOARD IN THE 
        ALTERNATE #2 POSITION WITH A TERM MARCH 27, 2003 THROUGH MARCH 27, 2005.
        Ms. Shuster introduced herself to the Town Commission and stated that she hopes she can bring ideas 
        and help to the Parks Board with any planned park improvements as she has small children who love the park. 
        COMMISSIONER WILSON MOVED, SECOND COMMISSIONER PRICE TO APPOINT CINDY SCHUSTER 
        TO THE PARKS BOARD IN THE ALTERNATE #2 POSITION WITH A TERM MARCH 27, 2003 THROUGH 
        MARCH 27, 2005.          
        VOTE:  ALL AYES.  MOTION CARRIED.

V.      NON-SCHEDULED CITIZEN COMMENTS (3-MINUTE LIMIT, PLEASE)
        There were no non-scheduled citizen comments.

VI.        APPROVAL OF MINUTES: NOVEMBER 25, 2002 JOINT WORKSHOP, FEBRUARY 19, 2003 REGULAR 
        MEETING, FEBRUARY 26, 2003 SPECIAL MEETING AND FEBRUARY 26, 2003 WORKSHOP.  
        VICE MAYOR SMITH MOVED, SECOND COMMISSIONER PRICE TO APPROVE THE MINUTES OF 
        NOVEMBER 25, 2002 JOINT WORKSHOP, FEBRUARY 19, 2003 REGULAR MEETING, FEBRUARY 26, 2003 
        SPECIAL MEETING AND FEBRUARY 26, 2003 WORKSHOP AS WRITTEN.   
        VOTE: ALL AYES.

VII.    REPORTS BY ANY TOWN BOARD OR COMMITTEE SUBMITTING A REPORT.
        A.      PARKS BOARD - DONNIE PRICE, JR. CHAIRMAN
        Donnie Price was not present to give a report from the Parks Board.

        B.      PLANNING AND ZONING BOARD - GARY SACK, CHAIRMAN
        Chairman Sack reported that at its last meeting, the Planning and Zoning Board discussed the parking lot 
        of the  Community Chapel because it was constructed contrary to the approved site plan and requested that 
        the Town require them to bring the parking lot into compliance with the approved site plan, specifically,  the 
        surface and landscaping of the parking lot.
        Building Official Daryl Munroe stated that the reason the surface of the parking lot was changed was at the 
        request of the church, as they obtained additional funding and asked for an upgrade to the surface. Building 
        Official Munroe stated that the church received permission through the St. Johns River Water Management 
        District to asphalt the parking surface and to request the church to change the surface now would be a slap 
        in the face.

        Town Attorney Gougelman stated that this decision was within the Building Officials authority under his license 
        in regard to the building code.  Town Attorney Gougelman commented that the Building Official is correct that 
        surfaces, according to the code, are supposed to be a hard surface and the question here is of a specific site 
        plan, with an unpaved parking lot as approved by the Planning and Zoning Board and Town Commission.     

        Colin Campbell, Planning and Zoning Board member commented that the Board looked at the best surface of 
        this parking area for the Town and that it is frustrating to the Board to make these recommendations and they 
        are not followed.  Mr. Campbell stated that most of the Board members are disappointed with this change.

        Commissioner Wilson stated that it is appreciated what the Town volunteer board members do and when the 
        parking lot idea was submitted, the chapel went with the least amount of money for the surface and they upgraded 
        to an asphalt surface when additional funding became available.  Commissioner Wilson stated that he agrees with 
        the Building Official’s decision.

        Commissioner Walters stated that the Town code requires this parking lot to be a hard surface, asphalt marl other 
        hard surface and the Town Code implies that the Building Official has the right to make an alteration if it is within 
        the requirements of the code.  Commissioner Walters added that the landscaping is not correct and this should 
        be as approved.   

        Commissioner Price stated that the Town has a procedural problem and it needs to be corrected if we expect to 
        have volunteers to serve this community and agrees that the Building Official’s role is to hear and accept changes 
        to plans such as this, but he also needs to touch base with the Planning and Zoning Board again for discussion 
        and approval on changes. 

        Vice Mayor Smith agreed that there is a procedure problem in the process and stated that the Planning and 
        Zoning Board recommends to the Town Commission and maybe this change should have been looked at by 
        the Building Official and sent back to the Planning and Zoning Board for a recommendation and then the Town 
        Commission for approval.


        Chairman Sack commented that it is not the Board’s intention to have the Chapel remove the asphalt and the 
        Board recognizes we have basically no authority, we make recommendations to the Town Commission.  Chairman 
        Sack stated that the Board believes that this matter should not have come back to the Board, but, if there was to 
        be a change, it should have come back to the Commission.  Chairman Sack stated that the Board has been 
        reviewing an ordinance for a plan to change the face of the Ocean Avenue corridor and an asphalt parking lot 
        does not fit into this plan.  Chairman Sack stated that the applicant proposed the surface for the parking lot that 
        the Planning and Zoning Board felt it was appropriate as marl and they were wrong to have it turned into 
        something entirely different than what was approved.

        Building Official Munroe was requested to review the site plan with the landscaping installed at the Community 
        Chapel parking lot.

        Cappy Copacino, 207 Birch Avenue requested to address an item under Town Board Reports regarding the 
        Parks Board and bocci players working on a plan for shading on both sides of the bocci courts and explained 
        that there have been delays on this project and the players would like the shade area approved as soon as possible.  

        Town Manager Hoskovec stated that he spoke to the head of the Rotary Club and he advised that the Club would 
        like their funds from the Founders Day beer tent to go towards a project for the Town and the bocci court shade 
        area could qualify for this.  Town Manager Hoskovec stated that the shade area was brought up several months 
        ago and the Parks Board had a consensus that they would like two (2) covers on the bocci courts and the bocci 
        players agreed.  Town Manager Hoskovec stated that the Parks Board is to look at the impact of these on the park.

        Town Manager Hoskovec stated that there are collapsible awnings they have looked at that cost under $3,000 
        and the Board could go ahead and use funds.  Mr. Copacino advised that they have a picture of these awnings.  

        It is the consensus of the Town Commission to hold a special meeting to take action on the shade cover plan 
        prior to the regular April Town Commission meeting.

VIII.   CONSENT AGENDA: REAPPOINTMENT OF CHARLES BAIRD TO THE CODE ENFORCEMENT BOARD 
         WITH A TERM MARCH 27, 2003 THROUGH MARCH 27, 2006.
         COMMISSIONER WALTERS MOVED, SECOND VICE MAYOR SMITH TO APPROVE THE CONSENT 
         AGENDA, REAPPOINT CHARLES BAIRD TO THE CODE ENFORCEMENT BOARD WITH A TERM 
         MARCH 27, 2003 THROUGH MARCH 27, 2006.  
         VOTE: ALL AYES.  MOTION CARRIED.

IX.     PUBLIC HEARING:
         A.      ORDINANCE NO. 2003-01 
         AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING 
         TO PURCHASING; MAKING FINDINGS; AMENDING SECTIONS 15-21, 15-22, 15-27 THROUGH 15-28, 
         15-29, AND 15-31, TOWN CODE; CREATING SECTION 15-34, TOWN CODE; REVISING DEFINITIONS; 
         PROVIDING WHEN CONTRACTS FOR PURCHASE OF SUPPLIES, PROFESSIONAL SERVICES, AND 
         SERVICES MUST BE APPROVED BY THE TOWN COMMISSION OR MAY BE APPROVED BY THE 
         TOWN MANAGER; REVISING THE STANDARDS FOR DETERMINING THE LOWEST RESPONSIBLE 
         BIDDER; INCREASING THE THRESHOLD FOR COMPETITIVE BIDDING; REVISING EMERGENCY 
         BIDDING REQUIREMENTS; PROVIDING FOR APPEALS AND REMEDIES; PROVIDING FOR THE 
         REPEAL OF CERTAIN INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING A 
         SEVERABILITY/INTERPRETATION CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (
         FIRST READING)
         Town Attorney Gougelman read Ordinance 2003-01 by title and stated that this ordinance responds to a recent 
         meeting where the Town Commission held a discussion as to when the Town Manager is to bring certain items 
         for payment to the Town Commission for approval. Town Attorney Gougelman stated that in the code, the 
         threshold for bidding and purchasing was set at $3,000 and this ordinance recommends $4,000.  Town 
         Attorney Gougelman reported that Pages 13 and 14 clean up the grammar and determine the standards 
         for selection of the lowest responsible bidder and Pages 8 and 9 set out the language as to when the Town 
         Manager requests approval of the Town Commission.  

         COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER PRICE TO TABLE THIS ITEM UNTIL IT 
         CAN BE REVIEWED AND ADDRESSED IN A WORKSHOP SESSION.  
         VOTE: COMMISSIONER WALTERS, AYE.  COMMISSIONER PRICE, AYE.  COMMISSIONER WILSON, AYE.  
         VICE MAYOR SMITH, NAY.  MAYOR CRISPEN, NAY.   MOTION CARRIED.

         Commissioner Walters stated that the ordinance is confusing and allows the Town Manager to purchase 
         whatever he wants, whether or not it is budgeted.  

         It is the consensus of the Town Commission to review Ordinance 2003-01 during the administrative workshop.  


         B.      RESOLUTION NO. 717
         A RESOLUTION A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA 
         AUTHORIZING AN APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR 
         GRANT FUNDS UNDER THE FIRE FIGHTERS GRANT PROGRAM TO PURCHASE SELF CONTAINED 
         BREATHING APPARATUS (SCBA), PERSONAL ALERT SAFETY SYSTEM DEVICES (PASS) AND EQUIPMENT 
         FOR A RAPID INTERVENTION TEAM (RIT KIT) IN COORDINATION WITH THE FIRE CHIEF, AUTHORIZE 
         THE TOWN MANAGER TO FILE SUCH APPLICATION; COMMITTING RESOURCES FOR THE LOCAL 
         MATCH AND TERMS AND CONDITIONS OF THE PROJECT AGREEMENT; PROVIDING FOR AN 
         EFFECTIVE DATE.
         Town Attorney Gougelman read Resolution No. 717 by title.

         Vice Mayor Smith asked why the Fire Department is requesting equipment rather than a truck?  Fire Chief 
         Hunter stated that the Federal Emergency Management Agency does has not awarded many grants for the 
         trucks and are more into giving to the categories of fire fighter safety and education.

         Mayor Crispen asked where the matching funds will come from out of the budget as the department has 
         accrued funds for a truck and commented that there is $3,300 in the Fire Department’s budget for SCBA.  
         Town Manager Hoskovec stated that the funds would come from the General Services Contingency Fund and 
         reported that the $3,300 is for maintenance, not purchase. 

         Fire Chief Hunter advised that a new fire truck, similar to the trucks the county purchased are almost $220,000.  
         The Fire Chief, Town Manager and Town Commission discussed the idea of the Town looking into a 
         lease/purchase program for a new fire truck.

         COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WALTERS TO APPROVE RESOLUTION 
         NO. 717 AS WRITTEN.  A RESOLUTION A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, 
         BREVARD COUNTY, FLORIDA AUTHORIZING AN APPLICATION TO THE FEDERAL EMERGENCY 
         MANAGEMENT AGENCY (FEMA) FOR GRANT FUNDS UNDER THE FIRE FIGHTERS GRANT PROGRAM 
         TO PURCHASE SELF CONTAINED BREATHING APPARATUS (SCBA), PERSONAL ALERT SAFETY 
         SYSTEM DEVICES (PASS) AND EQUIPMENT FOR A RAPID INTERVENTION TEAM (RIT KIT) IN 
         COORDINATION WITH THE FIRE CHIEF, AUTHORIZE THE TOWN MANAGER TO FILE SUCH 
         APPLICATION; COMMITTING RESOURCES FOR THE LOCAL MATCH AND TERMS AND CONDITIONS 
         OF THE PROJECT AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE.  
         VOTE: ALL AYES.  MOTION CARRIED.

X.      NEW BUSINESS:
         A.      DISCUSSION AND POSSIBLE ACTION REGARDING THE FINANCE CLERK POSITION. 
         (COMMISSIONER WALTERS)
         Commissioner Walters stated that during the budget process, the Town Commission debated whether or 
         not two (2) people were needed to perform the finance functions.  Commissioner Walters stated that the 
         Finance Clerk has resigned and that he has not received justification for keeping the Finance Clerk position 
         and that he believes these funds can be better spent in the community.  Commissioner Walters stated that 
         the position has been advertised and filled in a temporary capacity and this position has been budgeted 
         through October.  Commissioner Walters stated that if the Town hires someone now, we are almost 
         committed to keeping them and the Town has hired a Finance Manager with years’ of experience and 
         spent money on computers and programs and that he believes the Finance Manager could handle all 
         of the finance duties.   

         Commissioner Walters asked Town Manager Hoskovec if he plans to fill the Finance Clerk position now 
         or wait until the next budget?  Town Manager Hoskovec stated that the discussion at the previous budget 
         workshops were based on not knowing what would be involved when the accounts are brought back in house 
         and not knowing whether or not one (1) person could do all this. Town Manager Hoskovec stated that at 
         present time need both positions and asked that the Town Commission wait until we see how the program 
         performs and stated that we can choose not to fund the position at the next budget.

         Commissioner Price stated that one of the plans is to bring payroll in house and asked what is committed in 
         terms of funding in payroll?  Town Manager Hoskovec responded that the Town pays FACS $12,000 - $13,000.

         Mayor Crispen stated that a cost cannot be put on the opportunity cost of not having accurate financial  data 
         and this is the biggest reason the Town decided to bring this back in-house.

         Vice Mayor Smith commented that during the budget workshops she agreed that we needed the Finance Clerk, 
         who had the past finance history, which is why she agreed to keeping the two (2) positions, and, now this has 
         changed, and we had discussed to look at this again during the budget process.  Vice Mayor Smith stated 
         that she does not like the idea hiring someone and then letting them go in six (6) months.  Vice Mayor Smith 
         suggested that the Town Manager hire someone part-time and let them know that the position will be discussed 
         during the budget process.

         Town Manager Hoskovec stated that he could  look at an agency to hire someone on a temporary basis.  

         Commissioner Wilson stated that he agrees with Vice Mayor Smith and that the applicants for the Finance 
         Clerk position need to be well aware of this idea.

         Commissioner Walters stated that he would like to see more cross training in the Town Departments.

         The Town Commission requested that the Town Manager seek to interview and hire a Finance Clerk on a 
         temporary basis, advising them that the position may not be funded October 1, 2003.

         B.      DISCUSSION AND POSSIBLE ACTION REGARDING A CHANGE TO THE FINANCE 
         DIRECTOR’S JOB TITLE.
         Town Manager Hoskovec stated that when the position of Finance Director was first created, he had  
         changed the title to Finance Manager prior to approval by the Town Commission.    

         Commissioner Price verified that the only recommended change is the title of the position.

         Vice Mayor Smith stated that the ordinance establishing the Town Manager form of government listed the 
         Town Manager as the Finance Director.   

         COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WALTERS TO APPROVE THE CHANGE 
         OF THE JOB TITLE FROM FINANCE DIRECTOR TO FINANCE MANAGER.  
         VOTE: ALL AYES.  MOTION CARRIED.  

         C.      DISCUSSION AND POSSIBLE ACTION REGARDING A CHANGE TO THE SENIOR 
         SERGEANT’S JOB TITLE.
         Town Manager Hoskovec stated that several months ago, he changed a job title from Senior Sergeant 
         to Lieutenant and he may have acted inappropriately, but that he was going by Page 2 of the Policies 
         and Procedures manual which states, “The Town Manager is authorized to develop job classification 
         descriptions for each position and organizational charts from time to time to meet the needs of the Town.”  
         Town Manager Hoskovec stated that he was of the opinion that he was allowed to make these changes 
         and requested that the Town Commission approve the change of title only.   

         Mayor Crispen asked for public comment regarding this agenda item.

         Linda Loizzo of Satellite Beach came forward and stated that in every police organization there is a command 
         rank structure and she had recommended, after consultation with Commissioner Walters, to have a Lieutenant 
         in the rank structure for Melbourne Beach.  Ms. Loizzo stated that she had proposed this to the Town Manager.
         Vice Mayor Smith stated that she does not have a problem with the position, but the Town Commission needs 
         a job description to approve in the same form as the other Town job descriptions.  Vice Mayor Smith commented 
         that the Senior Sergeant position never had a job description and she cannot approve this the way it is written.  
         Chief Loizzo stated a job description has been done and will be presented at the next meeting.

         Commissioner Walters stated that many years’ ago, the Town Commission chose to eliminate the Captain’s 
         position and then eliminated the Lieutenant’s position and stated that there should be a rank structure in the 
         Department and he objected to the Town Manager making a promotion to a position that did not exist and 
         stated that he feels that since the Town Commission took these positions away, they must put them back.  
         Commissioner Walters stated that he too would like to see a job description.

         COMMISSIONER WALTERS MOVED, SECOND VICE MAYOR SMITH TO TABLE DISCUSSION AND 
         POSSIBLE ACTION REGARDING A CHANGE TO THE SENIOR SERGEANT’S JOB TITLE UNTIL THE 
         NEXT REGULAR MEETING.  
         VOTE: ALL AYES.  MOTION CARRIED.
              
         D.      DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF TOWN’S 
         ORGANIZATIONAL CHART.
         Town Manager Hoskovec recommended that the Town Commission discuss this agenda item next month 
         when the Lieutenant’s job description is on the agenda.

         VICE MAYOR SMITH MOVED, SECOND COMMISSIONER WALTERS TO TABLE DISCUSSION AND 
         POSSIBLE ACTION REGARDING APPROVAL OF THE TOWN’S ORGANIZATIONAL CHART.  
         VOTE: ALL AYES.  MOTION CARRIED. 

         E.      APPOINTMENT OF A MEMBER AND ALTERNATE MEMBER TO SERVE ON THE SPACE COAST 
         LEAGUE OF CITIES’ INTERGOVERNMENTAL COMMITTEE TO SERVE THROUGH JANUARY 2004.
         Mayor Crispen volunteered to serve as the member and after discussion, Commissioner Price volunteered to 
         serve as the alternate member.

         VICE MAYOR SMITH MOVED, SECOND COMMISSIONER WILSON THAT MAYOR CRISPEN SERVE 
         AS THE REGULAR MEMBER AND COMMISSIONER PRICE SERVE AS THE ALTERNATE MEMBER TO 
         THE SPACE COAST LEAGUE OF CITIES’ INTERGOVERNMENTAL COMMITTEE TO SERVE THROUGH J
         JANUARY 2004.  
         VOTE: ALL AYES.  MOTION CARRIED.

         F.      CONSIDERATION AND POSSIBLE ACTION REGARDING TOWN CLERK’S ACCRUED 
         VACATION TIME.
         Town Manager Hoskovec stated that the Town Clerk has accrued a lot of vacation due to several 
         circumstances such as holding the Interim Town Manager position for eight (8) months and after 
         fifteen (15) years’ of service to the Town.  Town Manager Hoskovec stated that the Town employees 
         were directed to bring down their accrued vacation hours by April 1, 2003.  Town Manager Hoskovec 
         stated that we can bring the Town’s Clerks hours down by paying her for half of them and extending 
         the deadline to get the remainder of hours off the books.

         Mayor Crispen opened the item for public comments.  There were no public comments.

         Vice Mayor Smith stated that according to the policy, an employee can accrue one and one-half 
         (1½) times the annual rate and the Town Clerk is taking next week off as vacation and stated that the 
         Town Commission is being asked to approve payment of 160 hours and allow the Clerk to carry the 
         remaining 160 hours until April 1, 2004.  Vice Mayor Smith asked that if the Town pays the 160 hours, 
         how much will that be?  Town Manager Hoskovec stated it will be $2,798.40.  Vice Mayor Smith 
         stated that at one point, we had an employee get to the top of their sick or vacation accrual rate 
         and they had to stop accruing time until they got below the rate.  Vice Mayor Smith stated that this 
         is something the Town Commission will need to look at during our administrative workshops.

         Commissioner Walters stated that this is an age-old problem and in this instance he was adamant for the 
         Town Clerk, when she was the Interim Town Manager not to take a vacation.

         Commissioner Wilson stated that he would like employees to take vacation and that he also has a difficult 
         time taking vacation in his position.  Town Manager Hoskovec stated that he and the Town Clerk feel more 
         comfortable that the Deputy Clerk can handle the responsibilities and that the Town Clerk has been able to 
         take more time off in the last six (6) months.

         Mayor Crispen asked if we have any other employees in this similar situation?  Town Manager Hoskovec 
         stated that Jane, the Deputy Town Clerk is close, but we are able to manager her time much better.  Police 
         Chief Loizzo stated that the Police Department has employees such as Pat Haran in this position also.  
         Mayor Crispen commented that the Town needs to plan for time off each year and employees should take 
         compensatory time in the same week it is earned, which needs to be discussed during the administrative 
         workshops.

         COMMISSIONER WALTERS MOVED, SECOND VICE MAYOR SMITH TO APPROVE THE TOWN 
         MANAGER’S RECOMMENDATION TO PAY THE TOWN CLERK 50% OF  HER ACCRUED VACATION 
         TIME,  NOT TO EXCEED $2,800.  
         VOTE: ALL AYES.  MOTION CARRIED.

XI.     REPORTS:
         A.      TOWN ATTORNEY 
         There was no report by the Town Attorney.

         B.      TOWN MANAGER
         Town Manager Hoskovec thanked everyone for supporting him during his illness.  Town Manager Hoskovec 
         reported that we have a finance report this month and the Town is at the 41 percent threshold of the budget 
         and that he is not fully comfortable with the figures as there are some coding corrections that need to be 
         made. Town Manager Hoskovec reported that the construction crew will be tearing down the old Town Hall 
         and Fire Department next week and that they have also started the asbestos abatement on the Fire 
         Department.  Town Manager Hoskovec reported that the Town has a guarantee that the pier will ready 
         by Founders Day.  Town Manager Hoskovec stated that the County has run into a problem on Oak 
         Street with BellSouth so they will move to complete the far end of the drainage project first and will 
         be in front of the school next week to install the swales.  Town Manager Hoskovec stated that the 
         traffic signal light tops are in and Florida Power and Light and the Florida Department of Transportation 
         are discussing the payment and installation of the lights.

         C.      TOWN COMMISSIONERS
         Vice Mayor Smith reported that the Parks Board is increasing the vendor fees for Founders Day by 15 
         percent and, in May of 2000, the Board was advised that they needed to come to the Town Commission 
         with a list of vendors and what prices are being charged for the vendors to participate.  Vice Mayor Smith 
         stated that she also advised that any changes in fees need to come to the Town Commission for final 
         approval and that the Town Commission is supposed to review the various activities and approve the event.  
         Vice Mayor Smith stated that in 2001, the Town Commission  gave the Board some authority to decide on 
         what the vendors will be allowed to sell and decided that any financial decision that exceeds $500 over the 
         prior year’s budget and under the current amount, the Town Manager is authorized to approve.  Vice Mayor 
         Smith stated that in 2002 the Board came  to the Town Commission regarding the closing of Riverside 
         Drive and Ocean Avenue and stated that the Town Commission has not approved the road closing this year.  
         Vice Mayor Smith stated that the Town Commission discussed that the Parks Board would get together with 
         the Town Manager and come up with procedures for Founders Day.  Vice Mayor Smith stated that until 
         these are changed by policy, these items need to come to the Town Commission for final approval.  Vice 
         Mayor Smith stated that we have great volunteers and she does not want to discourage them.

         Commissioner Walters reported that the Library Board meeting was last evening and they discussed ideas 
         for local communities to fund additional hours for the library.  Commissioner Walters asked to borrow the 
         Town Attorney to review the Sunshine Law with the Library Board members.  After a discussion, it was 
         decided that it would not be appropriate that the Town Attorney advise a County board on the Sunshine Law.  
         Commissioner Walters stated that he will invite the Library Board members to the Town’s Sunshine Law 
         workshop.  Commissioner Walters asked what the status is of information on changing the employee’s 
         pension plan?  Town Attorney Gougelman responded that he recently received a copy of the existing 
         plan and he will review it, but, the Town may have to get special counsel involved as it is out of date 
         and some provisions not legally correct.  Commissioner Walters requested that the proposal for the 
         copy machines and the nextel contract be on the next agenda. Commissioner Walters stated that 
         he is concerned about how much was budgeted for Law Enforcement Fines and how much is being 
         spent from the budget.  Town Manager Hoskovec stated that the Clerk of Court’s audit has not been 
         released yet and when the budget prepared, we had to budget for fines and forfeitures, but, FACS has 
         not credited the budget as of yet.  Town Manager Hoskovec stated that as of June, we have paid the 
         Clerk of Circuit back $95,000. Commissioner Walters stated that he thought the Town budgeted $35,000 
         for software and two (2) computers, but does not recall budgeting $6,600 for a power server, a laser printer 
         check writer and the Town Commission was not told we were to pay $6,725 for training.  Town Manager 
         Hoskovec stated that we budgeted $40,000 and there was an interdepartmental transfer from the Finance 
         Manager’s salary to cover the increases in costs.  Commissioner Walters reminded Town Manager Hoskovec 
         that he was to get a system in order where employee raises are to be based on evaluations.  Commissioner 
         Walters asked that a copy of the policies of the Police Department be put on disk for the Town Commission.  
         Commissioner Walters reminded  the Town Clerk she is to keep an action item list.   Commissioner Walters 
         stated that he does not want to see additional agenda requests at the last minute.  Commissioner Walters 
         requested that the Town Manager write a letter to the Community Chapel and ask them to conform to the 
         landscaping agreement for the parking lot.  

         VICE MAYOR SMITH MOVED, SECOND COMMISSIONER WALTERS TO EXTEND THE MEETING UNTIL 
         10:15 P.M.  
         VOTE: ALL AYES.  MOTION CARRIED.

         Mayor Crispen Mark agreed with Commissioner Walters that the landscaping plan was thoroughly discussed 
         and agreed to and the Chapel needs to be asked to conform to the plan.  Mayor Crispen stated that on the 
         finger piers the wires are on the inside part of the pier and the contractor needs to be told that the inside area 
         needs to be open for smaller boats.  Town Manager Hoskovec stated that the contractor will remove caps, rail 
         and cable.  Mayor Crispen asked that staff contact the Radisson and schedule the May meeting of the Space 
         Coast League of Cities.

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

XII.    ADJOURNMENT
         VICE MAYOR SMITH 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 10:15 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.