TOWN OF MELBOURNE BEACH
AGENDA
TOWN COMMISSION - REGULAR MEETING
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WEDNESDAY
April 16, 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 7:00 p.m. on Wednesday, April 16 in the Community Center. Mayor Crispen also led
the Pledge of Allegiance to the Flag. Mayor Crispen asked for a moment of silence for our President and
our troops.
Present:
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Mayor Crispen
Vice Mayor Smith
Commissioner Price
Commissioner Walters
Commissioner Wilson
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Others Present:
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Town Attorney Gougelman
Town Manager Hoskovec
Finance Manager Matthews
Police Chief Loizzo
Seven members of the public
Town Clerk Masny
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I. CHANGES TO THE AGENDA
Town Manager Hoskovec requested that agenda item II. B. be removed from the agenda. There were no
objections from the Town Commission.
II. PRESENTATIONS BY SPECIAL GUESTS:
A. PRESENTATION BY JACK ROOD, ARCHITECTS IN ASSOCIATION, ROOD & ZWICK, INC. -
COLOR SCHEME FOR MUNICIPAL COMPLEX.
Town Manager Hoskovec reported that staff has been working with the architect on colors for the interior
portion of the municipal complex and stated that he would like the Town Commission to review them. Jack
Rood of Rood & Zwick stated that we are in the process of moving from Phase I into Phase II of the municipal
complex, which means the Public Works structure has been completed and now houses the Fire Department
temporarily and are in the process of removing the asbestos from the Fire Department and clearing the area.
Mr. Rood reviewed the interior color scheme with the Town Commission and members of the public. Mr.
Rood reported that he will bring the exterior colors back to the Town Commission for approval at the
next meeting.
B. SPECIAL PRESENTATION BY THE MELBOURNE BEACH POLICE DEPARTMENT.
This item was removed from the agenda.
III. PROCLAMATIONS AND AWARDS:
PROCLAMATION OF MAY 2003 AS HURRICANE AWARENESS MONTH
Mayor Crispen read a proclamation into the record proclaiming May 2003 as Hurricane Awareness Month.
IV. NON-SCHEDULED CITIZEN COMMENTS (3-MINUTE LIMIT, PLEASE)
Bob Belfatto, 505 Second Avenue and a member of the Parks Board commented that last month there was
a proposal brought before the Town Commission from the Parks Board to put a single awning over one (1) of
the bocci courts and the Commission opted to put up two (2) of these hideous looking things. Mr. Belfatto
commented that the Town Commission, by spending this $3,000, has spent one quarter (1/4) of the Parks
Board’s budget. Mr. Belfatto commented that the Board could hold six (6) movies in the Park for $3,000
and that one-half (½) of the bocce players do not live in Melbourne Beach. Mr. Belfatto stated that he
believes this action to be a conflict of interest.
Mayor Crispen commented that the Town Commission did approved to purchase awnings for both bocce ball
courts when asked by the Board to purchase one (1) for this year and one (1) for next year. Mayor Crispen
stated that the Town Commission felt it a benefit to the park and that it would be better to buy both at the
same time for consistency and aesthetics.
Commissioner Walters commented that the Town Commission voted to put in the overhead cover in the park
for the bocce players. Commissioner Walters stated that the Parks Board changed the overhead cover from a
permanent structure to recommending the retractable awnings. Commissioner Walters stated that not all of the
bocce players live in Melbourne Beach and reminded Mr. Belfatto that Ryckman Park was improved by state
and federal funds and the Town should invite everyone to enjoy our park. Commissioner Walters stated that
in order to compromise, the Town Commission accepted the recommendation for the retractable awnings, and
decided to purchase both sets of awnings at the same time to ensure the company would have the same style,
with a provision that if the Board needed more funds at the end of the year, the Town Commission will consider
this fact.
Commissioner Wilson commented that Parks Board was mostly interested in not blocking the view of the park
from the street, and these are retractable awnings so that they do not block the view.
Commissioner Price commented that he voted for the awnings because it makes goods sense to buy both sets
as we have two (2) courts. Commissioner Price stated that there are about 20 members in the bocce ball group
and perhaps more people will learn, play and enjoy the game of bocce in our park. Commissioner Price stated
that the Parks Board was all for putting the awnings up, without blocking the view.
Paul Guglietta, 318 Fourth Avenue, commented that during the November election, he had some incorrect
information on his campaign literature and that he sent a letter to the Florida Today newspaper for retraction.
Mr. Guglietta commented that Mayor Crispen had possible violations on his Financial Interest forms for 2000
and 2001 and that he filed a complaint with the Florida Commission on Ethics but had to keep this confidential
during the campaign. Mr. Guglietta commented that a news release from the Commission on Ethics on January
28th found probable cause that Mark Crispen filed incorrect information regarding the sources of income listed
on his 2000 and 2001 forms. Mr. Guglietta stated that Mr. Crispen has made an agreement to be fined $300
for inadvertent mistakes. Mr. Guglietta asked how can a person, who 40 days prior to filing his first financial
statement could forget that he filed for bankruptcy for $1,504,000 in liability?
COMMISSIONER WALTERS MOVED, SECOND VICE MAYOR SMITH EXTEND MR. GUGLIETTA’S COMMENT TIME
AN ADDITIONAL THREE (3) MINUTES.
VOTE: COMMISSIONER WALTERS, AYE. VICE MAYOR SMITH, AYE. COMMISSIONER WILSON, AYE.
COMMISSIONER PRICE, AYE. MAYOR CRISPEN, NAY. MOTION CARRIED.
Mr. Guglietta commented that by the laws of Florida, you have to put on the Financial Disclosure forms your
assets and liabilities. Mr. Guglietta commented that he believes Mr. Crispen was hiding this information from
the public.
Don Kenney, 405 Sunset Boulevard, commented that he met Mr. Guglietta one (1) week before the last election,
and commented on a conversation he had with Mr. Guglietta where Mr. Guglietta advised that he went to
Boston College and graduated in 1959 from the business school and that he was retired military, served in
Vietnam and received the Silver Star. Mr. Kenney advised that he contacted Boston College and there was
no record of Mr. Guglietta.
COMMISSIONER WALTERS MOVED, SECOND VICE MAYOR SMITH TO EXTEND MR. KENNEY’S COMMENT TIME
AN ADDITIONAL THREE (3) MINUTES.
VOTE: ALL AYES. MOTION CARRIED.
Mr. Kenney commented that he called Mr. Guglietta and he agreed to come to his house, but he had no records
from Boston College, and had a few military certificates. Mr. Kenney commented that he asked to see Mr.
Gugleitta’s discharge record showing his military record. Mr. Kenney commented that Mr. Guglietta advised
that he would not be showing him a copy of his military record. Mr. Kenney stated that he received a letter
from Mr. Guglietta and he admitted that he did not graduate from Boston College. Mr. Kenney commented that
he feels Mr. Guglietta is a disgrace to the people in Melbourne Beach.
Lori Wille, 809 Riverside Drive, commented that she had been on the Parks Board for years and that the bocce
ball courts need a cover because the courts get hot. Ms. Wille commented that the Mayor is being attacked,
and there have always been elements in this Town that are the small voices and they are the minority out to
prevent him from doing his job and divert his attention. Ms. Wille stated that she believes the Town Commission
is doing a great job and that the employees are happier than they have been in years.
Frank Thomas, 606 Atlantic Street, commented that the painting behind the Commission seats is very
inappropriate for the Town and volunteered to choose photos and art work for the Town Hall lobby. Mr.
Thomas commented that he has been working on the last 50 years of Town history up through the 1980's
and shared an old newspaper clipping regarding the two (2) revisions done on the Town Charter.
Seth Stark, 410 Fifth Avenue commented that the Town Commission is doing a great job and commended it
on the way it gets the Town business done.
Commissioner Wilson asked the Town Attorney if there is any possible way that this issue will be handled by
the Town Commission? Town Attorney Gougelman stated the he does not know the answer because Mr.
Guglietta did not, as in his letter, ask the Mayor to resign for malfeasance. Town Attorney Gougelman
stated that if the Mayor resigns instantly, the Town Commission will have to deal with this in some way.
Town Attorney Gougelman stated that it sounds like Mr. Guglietta has indicated that he wants to start a
recall and where this goes and what process he follows could possibly require some decisions by the Town
Commission. Town Attorney Gougelman stated that the majority of recalls end up in litigation. Town
Attorney Gougelman stated that the Ethics Commission has reached a decision in this case. Commissioner
Wilson stated that for the peace of the Town Commission, he hopes we have heard the end of this for the
foreseeable future. Town Attorney Gougelman commented that if the parties involved reach an understanding,
it is that much better for the Town as recalls seem to split the community and create instability in the community.
Commissioner Price asked Town Attorney Gougelman that based upon what we’ve heard during the citizen
comments, there is no requirement that the Town Commission take any immediate action? Town Attorney
Gougelman responded that as of tonight, no. Commissioner Price stated that he agrees and that the meetings
are structured to give everybody a voice, it is not a trial, we have just heard from the citizens. Commissioner
Price stated that he does not see any action this Commission should take and hopefully this will dissipate
for the good of the Town.
Vice Mayor Smith commented that a mayor and a commissioner were recalled in 1986, which created a division
in Town among the residents and the Town Commission.
Commissioner Walters requested to address the comment about the small minority in this community and agreed
there is a small minority, but there is a silent majority who hope the Town Commission is representing their best
interests and not their own. Commissioner Walters stated that he takes exception to the fact that the employees
are much happier, almost 50% of the employees have quit, resigned or retired in the last year and one-half.
Commissioner Walters stated that he takes exception to this person, standing up here not two (2) months
ago inferring that he had lied, had interfered with the former Police Chief, Linda Loizzo, and that person got
up and said, “I saw her that day and she was nearly in tears over the meeting.” Commissioner Walters
stated that when it was all said and done, he talked to Linda, who said this never happened. Commissioner
Walters stated that you also have people in this community who call others and feed them misinformation
and others are tired of not being listened to, and that is the main reason he is for everyone being able to
speak at the meetings.
Mayor Crispen commented that he appreciates the comments and everybody’s right to comment and
express concerns and fears. Mayor Crispen stated that he came to defend himself tonight, but will not
go into it because he was not asked to resign and now is not the best time to get into all of this, however,
should that time arise, it will be discussed. Mayor Crispen stated that it was a very eloquent gentleman
who said, “He who lives in glass houses, should not throw stones”. Mayor Crispen commented that none
of us are perfect and the errors he made was on a financial disclosure form and is required to be filed to
run for office, it was a complicated financial situation, and he consulted an attorney who told him not to
include certain liabilities on the form and the attorney was wrong. Mayor Crispen stated that he immediately
corrected these mistakes on these forms. Mayor Crispen stated that the Florida Ethics Commission has
decided to offer him a joint stipulation on facts and findings and that he had to agree that he made the
mistakes and that he violated two (2) Florida Statutes and the Ethics Commission said there is no evidence
that he did so willfully. Mayor Crispen stated that the Florida Ethics Commission will also fine him $300,
which is very typical of other fines for similar cases and they feel what he did does not rise to the level of
him being removed from office. Mayor Crispen commented that his opponent for the Mayor race will not
let the campaign end, it is a shame for him, his family, the Town and myself. Mayor Crispen stated that
he did not contact the Florida Ethics Commission when he saw violations during the campaign because
he did not want to make the campaign a circus.
V. APPROVAL OF MINUTES - MARCH 27, 2003 REGULAR MEETING
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER WILSON TO APPROVE THE MINUTES OF
MARCH 27, 2003 REGULAR MEETING AS WRITTEN.
VOTE: ALL AYES. MOTION CARRIED.
VI. REPORTS BY ANY TOWN BOARD OR COMMITTEE SUBMITTING A REPORT.
Donnie Price, Parks Board Chairman reported that everything is set and the schedule went to the printer
today for the Founders Day activities. Chairman Price reviewed the schedule of events with the Town Commission.
Mike King 1401 Oak Street, asked that seating be available in the pavilion during Founders Day to allow people
to get out of the sun.
Alice Graham, 305 Fifth Avenue commented that at the block party at night last year there was a black man for
the entertainment and asked if the Town can we have him back again sometime?
Vice Mayor Smith stated that she saw in minutes that the Board decided against the proposed 50/50
drawing. Chairman Price commented that this was proposed by a new person and the Board questioned
him about the drawing and he left. Town Manager Hoskovec reported that there will be a fence going up
beginning tomorrow around the construction site for security purposes and signs have been made up
regarding the sidewalk being closed in the construction area. Chairman Price commented that the
configuration of Founders Day has changed due to construction and explained where the food vendors
will be set up.
VII. CONSENT AGENDA:
A. ACCEPTANCE OF RESIGNATION OF MARTHA RUSSO FROM THE CIVIL SERVICE BOARD
B. REAPPOINTMENT OF MARTHA REMARK FROM THE ALTERNATE #1 POSITION ON THE CIVIL
SERVICE BOARD TO A REGULAR MEMBER WITH A TERM THROUGH JULY 24, 2005; AND
C. REAPPOINTMENT OF ROBERT MIRITELLO FROM THE ALTERNATE #2 POSITION ON THE CIVIL
SERVICE BOARD TO THE ALTERNATE #1 POSITION WITH A TERM THROUGH FEBRUARY 20, 2006.
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER WALTERS TO APPROVE THE CONSENT
AGENDA: ACCEPT THE RESIGNATION OF MARTHA RUSSO FROM THE CIVIL SERVICE BOARD;
REAPPOINT MARTHA REMARK FROM THE ALTERNATE #1 POSITION ON THE CIVIL SERVICE BOARD
TO A REGULAR MEMBER WITH A TERM THROUGH JULY 24, 2005; AND, REAPPOINT ROBERT MIRITELLO
FROM THE ALTERNATE #2 POSITION ON THE CIVIL SERVICE BOARD TO THE ALTERNATE #1 POSITION
WITH A TERM THROUGH FEBRUARY 20, 2006.
VOTE: ALL AYES. MOTION CARRIED.
Commissioner Walters commented that the Civil Service Board has been watered down to the extent that at
one point they were going to eliminate it and he prevailed upon the Commission to keep the board because
in a small community, the residents need to have a voice in who patrols their streets. Commissioner Walters
commented that he hopes the Town will use the residents to help hire police officers in the future as it has not
been doing this.
VIII. PUBLIC HEARING: RESOLUTION NO. 718
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AUTHORIZING
INTRADEPARTMENTAL TRANSFERS IN THE FISCAL YEAR 2002-2003 MUNICIPAL BUDGET; PROVIDING
FOR AN EFFECTIVE DATE.
Town Attorney Gougelman read Resolution No. 718 by title. Town Manager Hoskovec commented that the
stormwater utility was discussed at a previous meeting regarding repairing culverts. Town Manager Hoskovec
stated that we are still trying to get bids for this. Town Manager Hoskovec asked that Lori Matthews, Finance
Manager explained the remainder of the budget amendments. Ms. Matthews explained that when she began
employment with the Town in January, 2003 there was a $40,000 budget for the purchase of hardware and
software for the Fund Balance system. Ms. Matthews reported that after discussions with Fund Balance,
the estimates for their software was below the requirements for the Town. Ms. Matthews reported that the
purchase order system was not in the package, which is a requirement to do the encumbrances and provide
good financial records for the Town, which increased the package $3,100. Ms. Matthews stated that Fund
Balance has incorporated time sheets with the payroll system and the Town was forced to purchase this
package for an additional $1,500. Ms. Matthews stated that the amount funded for training was underestimated.
Ms. Matthews explained the idea of moving the funds within the department to cover the expenses of the new
financial system.
Mayor Crispen asked for public comment regarding Resolution No. 718.
Mike King, 1402 Oak Street asked what was incorporated in the professional services? Ms. Matthews stated
that training and the consultant on the networking system.
Vice Mayor Smith asked if the hardware and software will be in the professional services line item along with
the training? Ms. Matthews responded that the hardware and software will be capital line items.
Vice Mayor Smith stated that the Town Manager has the right to move funds within line items in a department
budget, but not from one budget to another. Mayor Crispen stated that some Commission members have
questioned this. Vice Mayor Smith commented that this will be discussed at a workshop.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON TO APPROVE RESOLUTION NO. 718 IN
ITS ENTIRETY, A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA
AUTHORIZING INTRADEPARTMENTAL TRANSFERS IN THE FISCAL YEAR 2002-2003 MUNICIPAL BUDGET;
PROVIDING FOR AN EFFECTIVE DATE. VOTE:
ALL AYES. MOTION CARRIED.
IX. OLD BUSINESS:
A. DISCUSSION AND POSSIBLE ACTION REGARDING A CHANGE TO THE SENIOR SERGEANT’S
JOB DESCRIPTION. (TABLED MARCH 27, 2003)
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER WILSON TO TAKE FROM THE TABLE FOR ACTION
AGENDA ITEM DISCUSSION AND POSSIBLE ACTION REGARDING A CHANGE TO THE SENIOR SERGEANT’S
JOB DESCRIPTION.
VOTE: ALL AYES. MOTION CARRIED.
Town Manager Hoskovec stated that pursuant to the Town Commission’s request, we have formalized the
position description in the same format as the Town’s position descriptions.
Mayor Crispen opened the meeting for public comment regarding the agenda item. There were no comments.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON THAT THE POSITION OF POLICE
LIEUTENANT WITH THE JOB DESCRIPTION OF POLICE LIEUTENANT BE APPROVED FOR THE MELBOURNE
BEACH POLICE DEPARTMENT.
VOTE: ALL AYES. MOTION CARRIED.
Commissioner Walters commented that he thinks the Town Commission needs to eliminate the position that
has become the Senior Sergeant position and then restructure the department to include the Lieutenant position.
Town Manager Hoskovec stated that if we pass the position description, the next item is the organizational
chart, which demonstrates that we have a Chief, Lieutenant and two (2) Sergeants.
B. DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF TOWN’S ORGANIZATIONAL
CHART (TABLED MARCH 27, 2003)
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER PRICE TO TAKE FROM THE TABLE FOR ACTION
AGENDA ITEM, DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF THE TOWN’S ORGANIZATIONAL
CHART.
VOTE ALL AYES. MOTION CARRIED.
Town Manager Hoskovec stated that with the changes the Town Commission has made in the past two (2) months,
he has redrawn the Town’s organizational chart to reflect these changes.
Mayor Crispen asked for public comment regarding this agenda item. There were no comments.
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER PRICE TO ACCEPT THE NEW ORGANIZATIONAL
CHART FOR THE TOWN OF MELBOURNE BEACH.
VOTE: ALL AYES. MOTION CARRIED.
Vice Mayor Smith commented that the Finance Clerk’s position is listed on the organizational chart and this
may not be a permanent position. Town Manager Hoskovec stated that this will be up to the Town Commission
when the budget is prepared and if the position is not funded, he will remove it from the organizational chart.
Vice Mayor Smith asked if the person in this position is aware that the position may not be funded next fiscal
year? Town Manager Hoskovec advised that she is aware of this. Mayor Crispen stated that every position
on the organizational chart is not funded until the budget is approved.
X. NEW BUSINESS:
A. DISCUSSION AND POSSIBLE ACTION REGARDING AWARD OF BID FOR INFORMATION
TECHNOLOGY AND SECURITY SYSTEMS FOR THE TOWN OF MELBOURNE BEACH MUNICIPAL
COMPLEX.
Town Manager Hoskovec stated that the Town needs to have a plan for cabling our security and computers
prior to construction and most of our computer systems are extremely old and are not truly networked together.
Town Manager Hoskovec stated that these cabling needs are for now and for the future and the initial concept
was to wrap all the security, information technology and cabling and communications into one (1) vendor to
simplify our process. Town Manager Hoskovec stated that the bid stipulated that the bid could be broken
into sections. Town Manager Hoskovec stated that we have broken the bids down to two (2) areas,
information technology, which includes the computer systems, hardware, software, cabling in the
building and the security system is broken down separate. Town Manager Hoskovec stated that Artemis
had the overall low bid of $56,768 and Superior for security system, which is $35,002 and the funds for
these will be coming from Capital in this year’s budget, item number 5596400-31, which is for fixtures
and furnishings for the facility, which is slated at $350,000. Town Manager Hoskovec stated that these
two (2) bids will total $91,770 and other items to come out of the furniture and furnishings budget will be
document imaging, which will be rebid at a later date as will furniture for the facility and file storage in the
record vault.
Commissioner Price asked what the bid is for the complete computer system and on the complete security
system? Town Manager Hoskovec responded that the complete computer system bid was $56,768 and the
complete security system bid was $35, 002. Commissioner Price asked if there is any maintenance on these
systems? Town Manager Hoskovec responded that there will be maintenance on both and this amount will
be listed under capital, this bid is for equipment and installation.
Commissioner Walters stated that in the last 12 months, we have purchased three (3) laptops and in the last
18 months, upgraded some computers in the Police Department. Commissioner Walters stated that computers
that are 2 year’s old, sometimes can be upgraded. Town Manager Hoskovec stated that some computers will
be upgraded.
Mayor Crispen asked Town Manager Hoskovec that of the remaining $258,000, what is his comfort level to
obtain a document imaging system and furniture and fixtures? Town Manager Hoskovec stated that it is
extremely high and we will be well below that amount.
Mayor Crispen opened the meeting to public comment regarding this agenda item.
Bob Belfatto, 505 Second Avenue stated that there is a new company that he is a principal of that is doing
security systems and did not have an opportunity to bid on this project. Mr. Belfatto asked for an auxiliary
quote for this project. After a discussion, Town Attorney Gougelman advised that to allow this, the Town
will have to readvertise, rebid and change the bid specifications. Town Manager Hoskovec recommended
that the Town not rebid the projects as it is at a point where the architect and contractor need to work these
systems into the plans and it would set back the project an additional month.
Paul Guglietta commented that the security system Mr. Belfatto is talking about has a sensor that only
works when you step by the it. Mr. Belfatto stated that it always records over itself. Mr. Guglietta commented
that the Town should look into this system for security of Ocean Park and Ryckman Park.
COMMISSIONER PRICE MOVED, SECOND VICE MAYOR SMITH THAT THE TOWN COMMISSION ACCEPT
STAFF’S RECOMMENDATION FOR THE APPROVAL OF THE ARTEMIS BID IN THE AMOUNT OF $56,758
FOR THE COMPLETE COMPUTER SYSTEM AND APPROVE THE SUPERIOR BID IN THE AMOUNT OF
$35,002 FOR THE SECURITY SYSTEM.
VOTE: ALL AYES. MOTION CARRIED.
B. DISCUSSION AND POSSIBLE ACTION REGARDING LEASE AGREEMENT FOR COPY MACHINES
FOR THE TOWN OF MELBOURNE BEACH.
Town Manager Hoskovec stated that the Town began the lease on these machines last year and the lease on the
copiers is $2,100 per year, it is a 5-year lease with quarterly payments and the payments are $525 each quarter.
Town Manager Hoskovec stated that it is his understanding that the Town has in the past had 5-year leases on
copy machines and towards the end of the lease they upgrade the machines. Commissioner Walters stated
that what we voted on October 23, 2002 was $1,500 annually and the lease says $1,575 for the first payment
and 20 more payments of $1,575 and this is $31,500. Commissioner Walters stated that he contacted the
Town Manager after this discussion and on November 26, 2003 he e-mailed and said, “I have researched the
copy machine issue and discovered we are leasing each machine at the rate of $180 per month and at a
cost of two (2) machines at $360 per month, which equates to $4,320 per year, which is $25 per month
or a $300 per year saving when compared to the previous agreement”. Commissioner Walters stated that
this was brought up again and everyone seemed to agree that the cost was $31,000 and the Town Attorney
said the Town Manager cannot sign the contract so it should come back to the Town Commission.
Commissioner Walters stated that he asked at the last meeting that this be put back on the agenda.
Town Clerk Masny stated that the Town had leased copy machines from Pitney Bowes previously and we
were toward the end of the lease on the machines and this new lease was to replace the older machines
for more updated machines. Town Clerk Masny stated that the lease originally listed 60 monthly payments
and finance requested quarterly payments, thus the lease is 20 payments of $1,575.
Town Attorney Gougelman stated that the Town Commission was just told that the lease would be $2,100
per year for a 5-year lease and paid off at the rate of $525 per quarter. Mayor Crispen stated that he would
like to see the lease agreement on this.
Mayor Crispen stated that he is looking at a rental agreement with a signature on it and no date and that
he called Pitney Bowes today and they said the agreement we have with them is the one in the packet.
Town Attorney Gougelman recommended that the Town get a contract properly filled out and find out
the term, fiscal funding period, and the amount and when to pay. Town Attorney Gougelman advised
that the Town has the right to not fund this in the forthcoming year.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER WILSON TO TABLE THIS AGENDA ITEM.
VOTE: ALL AYES. MOTION CARRIED.
C. DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF NEXTEL AGREEMENT FOR
COMMUNICATION DEVICES FOR THE TOWN OF MELBOURNE BEACH.
Town Manager Hoskovec advised that Commissioner Walters requested this be brought back to the Town
Commission. Town Manager Hoskovec stated that the Town did have an ongoing Nextel agreement and
it was extended and was not brought back before the Town Commission for consideration. Town Manager
Hoskovec stated that the Town funded the Police Department’s Nextels under the Law Enforcement Trust
budget line item 389-9140-12 and the Town Hall’s Nextels are under the Town Hall communications and the
Public Works Department’s are under their communications budget. Town Manager Hoskovec stated that
this agreement was expanded to provide each officer with a nextel telephone for an additional way of
communicating in case of emergencies. Town Manager Hoskovec advised that this was an extension of
the contract and asked that it be approved by the Town Commission.
Commissioner Walters stated that the initial six (6) phones were purchased for the Mayor and Public Works
Department at $6,000 or $7,000 per year, which was never budgeted or approved by the Town Commission.
Commissioner Walters stated that what had happened was they ordered additional phones for $500 and
some per month and there is no date on the agreement. Commissioner Walters stated that his concerns
are that the money was never budgeted and the phones were never approved as a capital outlay item by the
Town Commission. Commissioner Walters stated that he does not have any problem with the expenditure
of funds from the Law Enforcement Trust budget because the money is there for this type of purpose.
Commissioner Walters stated that there was no bid, no dates and it was never approved.
Town Manager Hoskovec stated that there is $91,000 in Law Enforcement Trust Fund budget and there is no
bid because Nextel is a sole source provider for this type of system.
Mayor Crispen open the meeting for public comment on this agenda item.
Paul Guglietta, 318 Fourth Avenue commented that when he was on the Town Commission, these nextel
phones had a contract and there was one for the former Mayor, Town Manager and Public Works Department.
Mr. Guglietta stated that one day when he was in the office, he saw a bunch of new phones on the desk
and he asked why we have this and he was told what the Town had just purchased them. Mr. Guglietta
stated that he does not remember the award of this contract coming before the Town Commission previously.
Chief Loizzo commented that this issue was brought to the Town Commission before he was hired as Police
Chief for the nextel phones to be paid for out of the 800 MHZ fund for the Police Department. Chief Loizzo
stated that there was a letter issued by the Sheriffs Department saying that it was an appropriate expenditure
and it was brought before and approved by the Town Commission. Chief Loizzo commented that the contract
was not brought to the Town Commission, but, the phones were discussed.
Commissioner Walters advised that he does not think this was ever approved by the Town Commission, but
the point is, the policy manual states that if you have a sole source and you have a contract and it is over
$3,000, you bring it to the Town Commission and declare in writing that it is a sole source and the Town
Commission determines if it is acceptable.
Mike King, 1402 Oak Street asked if the direct connect radio feature is unlimited use? Mr. King was
advised that it is.
Commissioner Wilson asked if all of the officer have these phones and Chief Loizzo responded that
they do. Commissioner Wilson asked if he checks to see if the phones are being used strictly for
police business? Chief Loizzo stated that they have a minimum plan that each officer has for $49 per month
and anything over that, they are responsible for. Chief Loizzo advised that the Town pays for the basic plan.
Commissioner Walters asked Town Attorney Gougelman what he thinks the Town should do regarding
this issue? Town Attorney Gougelman stated that the Town needs to be completely clear what it is we
are paying here. Town Attorney Gougelman stated that the Town needs to know what the extended
price is, what the monthly total means, and that the agreement does not make a lot of sense. Town
Attorney Gougelman stated that the term, if there is one, needs to be clarified, the agreement says
list of names attached and none are. Town Attorney Gougelman commented that as far as the officers
using phones for personal purposes, it needs to be looked at and be consistent with any policy the
Town has adopted.
Commissioner Price stated that the Town needs a clear policy on how these phones are to be used. Vice
Mayor Smith commented that when you are paying for a plan, your incoming minutes are usually free on
Nextel phones and the radio transmitting is included in the plan. Vice Mayor Smith stated that she does
not want to prohibit use of radio transmitting for personal use. Town Attorney Gougelman stated that there
may be a way to loosen up a policy by making the use of these phones a benefit of employment.
Commissioner Walters advised that the State Constitution specifically states that you cannot use public
funds for personal benefit and suggested that the Town Attorney obtain an opinion from the Attorney General
on this. Vice Mayor Smith asked that the opinion be on this type of radio system, not just on cell phones.
Commissioner Price stated that he would like to see the Town’s policies in force now regarding use of telephones.
Vice Mayor Smith mentioned that it is in the Town’s policy manual. Mayor Crispen asked that copies of these
be made available to the Town Commission for review.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER PRICE TO TABLE THIS AGENDA ITEM.
VOTE: ALL AYES. MOTION CARRIED.
XI. REPORTS:
A. TOWN ATTORNEY
Town Attorney Gougelman reported that the Metropolitan Planning Organization is going through the initial
stages of reapportionment, which means, that every ten years based on the latest census, the Governor gets
together with each Metropolitan Planning Organization in the state and they look at if the boundaries of the
Metropolitan Planning Organization need to be changed, if the number of members needs to be changed
and if how much of a vote each member should be able to cast should be changed. Town Attorney
Gougelman stated that for Brevard County the first two (2) issues should be uncontroversial. Town Attorney
Gougelman stated that at the last Metropolitan Planning Organization meeting, County Commissioner Higgs
decided that the Metropolitan Planning Organization should notify the Governor because they are concerned
about the voting strength of the various members. Town Attorney Gougelman stated that the Metropolitan
Planning Organization agreed that the County Commissioners represent 40% of the people in Brevard
County, there are 19 Metropolitan Planning Organization members and only five (5) of them are County
Commissioners; therefore, each County Commissioner is not receiving a big enough vote, which means
the Governor should be urged to change the voting strength of the various Metropolitan Planning
Organization members. Town Attorney Gougelman commented that theoretically, the Town’s vote may
be changed to one-half of a vote.
B. TOWN MANAGER
Town Manager Hoskovec reported that on April 22, 2003, the County Commission is going to discuss
the possibility of placing a referendum for a one-cent sales tax, which will be divided by thirds between
the school district, county and municipalities. Town Manager Hoskovec stated that he will attend the
meeting and update the Town Commission on this. Town Manager Hoskovec reported that he just
received the audit from the Clerk of Courts and that he is still reviewing it. Town Manager Hoskovec
stated that since October of 1999 to the present time, the Town has an outstanding debt which has
not been collected by the Clerk of Courts of $109,000 and still owes them approximately $140,000.
Town Manager Hoskovec asked for permission to attend the Governor’s Hurricane Conference from
June 9, 2003 through June 13, 2003 and advised that the cost of the seminar is $125, plus room
and board.
IT IS THE CONSENSUS OF THE TOWN COMMISSION THAT THE TOWN MANAGER ATTEND THE
GOVERNOR’S CONFERENCE JUNE 9, 2003 THROUGH JUNE 13, 2003.
Town Manager Hoskovec reported that his is still trying to obtain bids for the emergency repairs to the
road as discussed earlier this month as a lot of the contractors are tied up on U.S. 1 project. Town Manager
Hoskovec asked what the Town Commission would like to do if the Town cannot obtain three (3) bids?
Vice Mayor Smith asked what the approximate cost of the project is? Town Manager Hoskovec stated
it will be about $7,500. Vice Mayor Smith suggested this be declared an emergency.
Town Manager Hoskovec stated that the Town went back and contacted the contractors who bid on the
last project and the low bidder is a sub-contractor on the municipal complex and asked him to look at the
project and give the Town a bid. Town Manager Hoskovec stated that he will go through the formal bidding
process if it is the wish of the Town Commission. The Town Commission discussed the idea of using the
provision under the code an declare an emergency situation because this is an issue of safety.
COMMISSIONER WALTERS MOVED, SECOND VICE MAYOR SMITH TO DECLARE THE PROJECT AN
EMERGENCY AND THAT THE TOWN MANAGER ACCEPT THE LOWEST BID RECEIVED.
VOTE: ALL AYES. MOTION CARRIED.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER PRICE TO EXTEND THE MEETING UNTIL
COMMISSION COMMENTS AND REPORTS ARE OVER.
VOTE: ALL AYES. MOTION CARRIED.
Town Manager Hoskovec stated that in the Finance Department, we have hardware and software in replace
and are looking at this up and running in three (3) months. Town Manager Hoskovec stated that the new
Finance Clerk started yesterday and has and signed a waiver with the understanding that the position
may not be funded in the next fiscal year. Town Manager Hoskovec reported that the policies and
procedures manual for the Police Department is still in draft form and advised that the Town Commission
could have the draft. Commissioner Walters stated he will withdraw his request as they are still in draft
form. Vice Mayor Smith asked that the Town Commission receive a copy of the Police Department’s
current policies and procedures. Town Manager Hoskovec reported that Joyce Parten will retiring
end of June and that the next Town Commission meeting will be the last day of school and advised
that the Town will prepare a proclamation to honor her.
C. TOWN COMMISSION
Commissioner Walters reported that he spent yesterday at Westshore High School judging the senior
project and the kids did a wonderful job with their presentations. Commissioner Walters stated that
he was hoping that the Town would have the Commission table light system installed for this meeting.
Commissioner Walters commented that the Fire Department has advised that they may bring a lease
agreement to the Town Commission for a fire truck and they are also required to submit a quarterly
report on finances to the Town and requested this be available per the agreement.
Commissioner Price reported that he attended the dedication of the pubic works building as the
temporary fire station and it was a well attended event. Commissioner Price reported that this past
Saturday he attended the commissioning of the USS Mason and commented that it was a spectacular
event and that it is quite a war machine.
Mayor Crispen asked Town Manager Hoskovec how he is going to handle the utilization of compensatory
time to avoid large accruals of this? Town Manager Hoskovec responded that he will make certain it is
utilized rather than storing it. Mayor Crispen requested that the Town establish, similar to the Sunshine
Law workshop, an annual leadership orientation for the Town Commission and Town Board members
each December to review the budget, policies and procedures, etc . Mayor Crispen reported that he
would like to make a personal plea to Paul Guglietta to save the Town from getting all ripped up because
he made his complaints, the process worked and the Florida Ethics Commission and the Election
Commission have responded and that he will think about the Town and what he will be putting it
through if he pursue with the threats made in his memo. Mayor Crispen reported that this will be
the last meeting that he does not defend himself.
D. GENERAL TOWN COMMISSION DISCUSSION (TIME PERMITTING)
There was no general Town 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 10:20 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.
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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