TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - SPECIAL MEETING
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 THURSDAY
April 3, 2003
7:00 p.m.
TOWN HALL
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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 7:00 p.m. on Thursday, April 3 in the Town Hall.  Mayor Crispen also led 
the Pledge of Allegiance to the Flag.
Present:  
Mayor Crispen
Commissioner Price
Commissioner Walters
Commissioner Wilson
Absent:
Vice Mayor  Smith
Others Present:  
Town Manager Hoskovec
Donnie Price, Jr, Parks Board Chairman
Deputy Town Clerk Wiley
I.      DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF PLANS FOR BOCCE BALL COURTS.
        Town Manager Hoskovec explained that at the last Town Commission meeting on March 27, 2003, the Parks Board 
        Chairman Donnie Price was not able to brief the Commission as to the activity that had taken place between the 
        Parks Board and the Bocce players and the results of those discussions. 

        Chairman Donnie Price explained that the SunSetter company features retractable outdoor awnings.  The Parks 
        Board's recommendation to the Town Commission was to purchase custom designed retractable awnings at 
        both ends of the two courts.  The cost of one set is approximately $1548.  Town Manager Hoskovec stated 
        that the Public Works Department would install the coverings so the cost of a set of awnings would be approximately 
        $1800.  The awnings would be extended (by crank) 12 feet from each end of the court.  Chairman Price reiterated the 
        concern that the Parks Board had concerning the aesthetic appearance and blending in of these covers.  If there would 
        be a hurricane, the awnings could be removed for safety.  Town Manager Hoskovec reported that the Melbourne Beach 
        Rotary Club expressed their wish to donate to this project as part of their annual gift to the Park during Founders Day.  
        Commissioner Wilson asked about the design and who would be in charge of the cranks.  Town Manager Hoskovec 
        suggested that the cranks would be kept in Town Hall and would need to be signed in and out.      

        Mayor Crispen asked where the money was budgeted and Town Manager Hoskovec explained that it would come out 
        of recreation programs/cultural events in the Recreation budget of $12,500 and so far approximately $3,000 had been 
        used at this time.  Town Manager Hoskovec also pointed out that this issue was not addressed during the budget 
        preparation and approval time and was not built into the budget.  It was clarified that the Public Works Department 
        would do the installation, purchase the treated lumber, stainless steel bolts and other materials, thus the request for 
        $1800 per set of awnings for one bocce court.  There was discussion concerning when the second set would be 
        purchased and Commissioner Price's inquiry of what else was the budgeted $12,500 earmarked for.  Town Manager 
        Hoskovec responded that except for the Easter Egg Hunt and Founders Day, all other events sponsored by the Parks 
        Board requiring funds such as payment for movies or for musical performances were covered from this account.  
        Commissioner Price suggested that if the Parks Board had not earmarked spending the entire budgeted amount 
        between April and the end of September, then why not go ahead and purchase both sets of awnings at one time 
        and then the project would be completed.  

COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER PRICE TO PURCHASE TWO SETS OF 
SUNSETTER AWNINGS AT A COST NOT TO EXCEED $3600 TO BE TAKEN FROM THE PARKS BOARD'S 
BUDGET AND FOR THE DONATION FROM THE MELBOURNE BEACH ROTARY CLUB BE CREDITED BACK 
TO THE PARKS BOARD IF NEEDED.  
VOTE: ALL AYES.  MOTION CARRIED.

        Mayor Crispen stated for the record that there were four commission members in attendance as Vice Mayor 
        Smith is excused.  

II.     DISCUSSION AND POSSIBLE ACTION REGARDING CHANGING VENDORS' FEES FOR FOUNDERS DAY
        Town Manager Hoskovec explained that he was not aware that this issue was to be brought before the Town 
        Commission and apologized for that oversight.  Town Manager Hoskovec reported that the Parks Board was 
        concerned that Founders Day over the past several years had operated at approximately a $1000 loss and 
        although Founders Day is not an income producing event, the Board would like to come as close as possible 
        to breaking even.  He stated that the food vendors' fees had not been adjusted for some time. Town Manager 
        Hoskovec said that the Parks Board had spent some time discussing the fees and proceeded to send out and 
        to collect the increased fees.  If the Town Commission does not agree with these fees, then the vendors will be 
        appropriately reimbursed.  The Parks Board recommended the increase of fees as shown on a memo dated 
        March 11, 2003.  Chairman Price stated that the fees the Town currently charges are very low compared to 
        most of the other similar events in the area.  

        Mayor Crispen requested that for the record, no one from the public was in attendance.  He then asked if there 
        were any questions from the Commissioners.  Commissioner Wilson asked if there was any response from the 
        vendors to the raise in the fee.  Chairman Price said that no one had a problem with it and again responded that 
        the vendors were use to paying hundreds of dollars to participate in other events.  The new fees were an increase 
        from 10 to 15 percent.

COMMISSIONER WILSON MOVED, SECOND COMMISSIONER WALTERS TO ACCEPT THE PARKS BOARD'S 
RECOMMENDATION FOR THE ASSESSMENT OF THE VENDORS FOR THE ALLOTTED AMOUNT, WHICH HAS 
ALREADY BEEN COLLECTED, AND TO MAKE THIS A PART OF THE PERMANENT FEES.  

        Chairman Price asked if the Parks Board needed to come before the Town Commission each time they requested to 
        make a change.  There was a question as to why this item came before the Commission and Town Manager 
        Hoskovec responded that because the Parks Board was only a recommending body to the Commission, they 
        could not make any final determinations on their own and these fees had been set by the Commission in the past.  
        Commissioner Walters suggested that because the fees were so low and no one complained that perhaps the fees 
        should be increased 5 percent yearly unless the Board felt it needed to increase it, they could come back to the 
        Commission.  This would eliminate addressing the issue every year.  

        Mayor Crispen suggested that the Parks Board come before the Town Commission each January and give the 
        Commission a report and as a part of that report discuss if there was a recommendation for an increase of fees 
        if necessary.  Commissioner Price pointed out that if the Parks Board felt that the fees needed to be increased, 
        remain the same or be decreased, then they needed to make recommendations and let the Town Commission 
        be responsible for the decision.   

        Mayor Crispen called for a vote on the above motion.  
VOTE:  ALL AYES.  MOTION CARRIED.

III.    DISCUSSION AND POSSIBLE ACTION REGARDING AGREEMENT WITH WFIT TO PROVIDE 
        ENTERTAINMENT ON MAY 3, 2003 AT FOUNDERS DAY AND TO PROVIDE ENTERTAINMENT 
        ON JUNE 14, 2003 AT RYCKMAN PARK.
        Town Manager Hoskovec explained that this entertainment would be a big name headliner for the evening show 
        at Founders Day and the agreement to be brought before the Commission as it would cost $1500 ($1000 for the 
        show on Founders Day and $500 for the entertainment on June 14, 2003).  Chairman Price explained what 
        WFIT would do and referred to the Grant Agreement, which was distributed to the Commission.  It was 
        explained that Founders Day was a different line item than the programs under Recreation.  There was 
        discussion concerning the grant agreement that was provided by WFIT and it was explained that because 
        WFIT is a nonprofit organization, "grant agreement" is used.  The "grant" is the money the Town would be 
        paying for what WFIT would provide.  There was discussion of what would happen if it rained.  There were 
        questions concerning the difference in cost from previous years for the night entertainment, how well known 
        were the entertainers, and if Chairman Price was comfortable with what was being provided.  

        Mayor Crispen was concerned that there was no clause in the agreement about a rain out and he felt that the 
        Town should have the right to cancel by a certain time.  There was much discussion on this issue. 

COMMISSIONER WILSON MOVED, SECOND COMMISSIONER PRICE TO ACCEPT THE AGREEMENT WITH 
WFIT FOR THE GRANT PAYMENT OF NO MORE THAN $1500 FOR THE PERFORMANCE BY THE LINDA 
PETERSON QUARTET ON MAY 3, 2003 FOR THE HOURS FROM 6:00 PM TO 11:00 PM WITH A 72-HOUR 
CANCELLATION CLAUSE ADDED TO THE CONTRACT STATING THE TOWN RESERVES THE RIGHT TO 
CANCEL THE EVENT UP TO 72 HOURS PRIOR TO THE EVENT FOR ACTS OF NATURE.  ALSO PART OF 
THE GRANT WILL BE FOR WFIT TO FURNISH FOLK/BLUEGRASS MUSIC ON JUNE 14, 2003 FROM 4:00 PM TO 7:00 PM.  

It was felt that the motion was too detailed so Commissioner Wilson redrew the above motion and made the following one:

COMMISSIONER WILSON MOVED, SECOND COMMISSIONER PRICE TO ACCEPT THE GRANT AGREEMENT 
WITH WFIT THAT IS DATED MARCH 20, 2003 WHICH INCLUDES  TWO PERFORMANCES: ONE ON FOUNDERS 
DAY ON MAY 3, 2003 AND THE SECOND ONE ON JUNE 14, 2003 WITH THE ADDITION OF THE CLAUSE, 
"THE TOWN RESERVES THE RIGHT TO CANCEL THE EVENT UP TO 72 HOURS PRIOR TO THE EVENT 
FOR ACTS OF NATURE".  
VOTE: ALL AYES.  MOTION CARRIED.

IV.     DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL ON EMERGENCY REPAIR OF 
        STORMWATER CULVERTS AT CHERRY AND ROSEWOOD; AND 502 HARLAND AVENUE.
        (There was a malfunctioned of the taping on side two so transcription is from Deputy Town Clerk's notes.)
        Town Manager Hoskovec explained the two proposals submitted by Ryan Utilities and said that there was 
        $4000 in the Public Works budget and $5000 in the Storm Water budget for paving and drainage that would 
        cover the cost of the projects.  There was discussion as to the urgency of these repairs and the wish of the 
        Commission to try to obtain three bids or proposals.  

COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER WILSON TO DECLARE THESE PAVING 
AND DRAINAGE JOBS AN EMERGENCY AND TO ASK THE TOWN MANAGER TO OBTAIN THREE (3) BIDS 
TO REPAIR THE DAMAGE AND REPLACE THE ASPHALT.  THE TOWN MANAGER HAS THE AUTHORITY 
TO AWARD THE BID BUT NOT TO EXCEED $9000.  
VOTE: ALL AYES.  MOTION CARRIED.

V.      ADJOURNMENT.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER PRICE TO ADJOURN.  
VOTE: ALL AYES.  MOTION CARRIED.

The special meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at  8:00 p.m.


                                                                                    
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MARK J. CRISPEN, MAYOR




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JANE WILEY, DEPUTY 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.
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.