TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - REGULAR MEETING
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MINUTES
TOWN COMMISSION
REGULAR MEETING
May 15, 2002
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A regular meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by
Mayor Wille at 7:00 p.m. on Wednesday, May 15, 2002 in the Community Center. Mayor Wille also led
the Pledge of Allegiance to the Flag.
Present:
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Mayor Wille
Vice Mayor Smith
Commissioner Crispen
Commissioner Guglietta
Commissioner Walters
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Others Present:
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Town Attorney Gougelman
Town Manager Hoskovec
10 members of the public
Interim Police Chief Haran
Town Clerk Masny
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I. CHANGES TO THE AGENDA
Town Manager Hoskovec advised that he will be updating the Town Commission on agenda item IX.A. as Gail Jones
will not be present. Town Clerk Masny advised that agenda item VII. E. should be deleted as it will be addressed
under agenda item VIII. There were no changes from the Town Commission. There was a consensus of the Town
Commission to allow the noted changes to the agenda
II. PRESENTATIONS BY SPECIAL GUESTS: REPRESENTATIVE MIKE HARIDOPOLOS - LEGISLATIVE WRAP UP
Representative Mike Haridopolos presented a legislative wrap up regarding the legislative session in Tallahassee and
answered questions of the Town Commission regarding the legislative session.
III. PROCLAMATIONS AND AWARDS:
A. PRESENTATION OF CERTIFICATE OF APPRECIATION TO LORI WILLE FOR HER SERVICE ON
THE PARKS BOARD
The Town Commission presented Lori Wille with a Certificate of Appreciation and thanked her for serving as a
volunteer on the Parks Board from May 15, 1996 through May 15, 2002.
B. PRESENTATION OF CERTIFICATE OF APPRECIATION TO BETSY
BAIRD FOR HER SERVICE ON THE PARKS BOARD
The Town Commission presented Betsy Baird with a Certificate of Appreciation and thanked her for serving as a
volunteer on the Parks Board from December 17, 1997 through May 15, 2002.
IV. NON-SCHEDULED CITIZEN COMMENTS (3-MINUTE LIMIT, PLEASE)
Ann Downing, 801 Pine Street thanked the Town Commission and staff for all the help given the Williams Building
Committee in support of their Founder's Day activities and also commented how great a job the Parks Board did
putting this year's Founders Day together. Ms. Downing commented that Ryckman Park looks absolutely beautiful.
The Town Commission commented that the play the Williams Building Committee put together on Founders Day
was wonderful.
V. APPROVAL OF MINUTES: NOVEMBER 28, 2001
COMMISSIONER CRISPEN MOVED, SECOND COMMISSIONER GUGLIETTA TO APPROVE THE MINUTES
OF NOVEMBER 28, 2001 REGULAR MEETING AS WRITTEN.
VOTE: ALL AYES. MOTION CARRIED
VI. REPORTS BY TOWN BOARDS:
A. PARKS BOARD: REPORT ON BENCHES FOR RYCKMAN PARK
Tom Macauley, Parks Board member reported that the Parks Board would like to request funds from the Town
Commission to hold a picnic for about 100 people who planned, volunteered and organized the Founders Day
celebration. Mr. Macauley suggested approximately $1,000 would cover the costs of the picnic. Mr. Macauley
stated that the picnic is tentatively scheduled for June 15th. Vice Mayor Smith asked Town Manager Hoskovec
where these funds would be taken from the budget? Town Manager Hoskovec stated that there is money in the
Public Works Contingency Fund.
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER GUGLIETTA TO APPROVE UP TO $1,000 FOR A
PICNIC AS RECOMMENDED BY THE PARKS BOARD.
VOTE: ALL AYES. MOTION CARRIED.
Tom Macauley discussed the Parks Board's concern that there needs to be some type of interim policy set for use
of the pavilion in Ryckman Park. Town Manager Hoskovec advised that Town staff will work with Tom Macauley to
put together a policy for the Town Commission to approve.
COMMISSIONER CRISPEN MOVED THAT THE TOWN COMMISSION AUTHORIZE THE TOWN MANAGER TO
WORK WITH TOM MACAULEY TO DEVELOP AN INTERIM POLICY, IN LIEU OF A FORMAL POLICY, FOR A
FEE STRUCTURE AND OTHER PROCEDURES RELATED TO THE RENTING OF THE PARK SPACE AND
TO WORK ON A PERMANENT POLICY TO BE PRESENTED AT THE NEXT MEETING FOR APPROVAL.
MOTION DIES FOR LACK OF A SECOND.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER WALTERS THAT TOM MACAULEY WORK
WITH THE TOWN MANAGER TO COME UP WITH A FEE STRUCTURE, BUT, UNTIL THEY DO, ANYONE CAN
USE THE PAVILION FOR FREE, BUT, THAT A $100 SECURITY DEPOSIT BE COLLECTED, WITH FINAL
APPROVAL OF FEES AT THE NEXT MEETING.
VOTE: ALL AYES. MOTION CARRIED.
Mayor Wille stated that as he understands it, there will be no security deposit for rental of the gazebo. Vice Mayor
Smith clarified with the Town Clerk that there was previously a $100 damage deposit for use of the gazebo.
Lori Wille, Parks Board member stated that the Board has collected all of the donated funds necessary to pay for
the park benches as discussed with the Town Commission earlier this year. Ms. Wille asked for approval to move
forward with ordering the benches.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER CRISPEN TO APPROVE THE PARKS BOARD
EXPENDING FUNDS TO PURCHASE BENCHES FOR RYCKMAN PARK AS PRESENTED IN THE AGENDA
PACKET.
VOTE: ALL AYES. MOTION CARRIED
VII. CONSENT AGENDA
A. ACCEPTANCE OF RESIGNATIONS OF LORI WILLE AND BETSY BAIRD FROM THE PARKS BOARD.
B. APPOINTMENT OF PHILLIP VENANZI, ALTERNATE MEMBER #1 TO A REGULAR MEMBER ON
THE ENVIRONMENTAL ADVISORY BOARD WITH A TERM MAY 15, 2002 THROUGH MAY 15, 2004.
C. APPOINTMENT OF MICKEY COLLINS, ALTERNATE MEMBER #1 TO A REGULAR MEMBER ON
THE PARKS BOARD WITH A TERM MAY 15, 2002 THROUGH MAY 15, 2004.
D. APPOINTMENT OF LOIS INGRAM, ALTERNATE MEMBER #2 TO A REGULAR MEMBER ON
THE PARKS BOARD WITH A TERM MAY 15, 2002 THROUGH MAY 15, 2004.
E. APPOINTMENT OF ROBERT MIRITELLO AS ALTERNATE MEMBER #1 TO THE PARKS BOARD
WITH A TERM MAY 15, 2002 THROUGH MAY 15, 2004.
Mayor Wille asked for approval or discussion of any item on the consent agenda, with the removal of item E.,
as requested.
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER GUGLIETTA TO APPROVE THE CONSENT
AGENDA AS PRESENTED: ACCEPTANCE OF RESIGNATIONS OF LORI WILLE AND BETSY BAIRD FROM
THE PARKS BOARD; APPOINTMENT OF PHILLIP VENANZI, ALTERNATE MEMBER #1 TO A REGULAR
MEMBER ON THE ENVIRONMENTAL ADVISORY BOARD WITH A TERM MAY 15, 2002 THROUGH MAY 15,
2004; APPOINTMENT OF MICKEY COLLINS, ALTERNATE MEMBER #1 TO A REGULAR MEMBER ON THE
PARKS BOARD WITH A TERM MAY 15, 2002 THROUGH MAY 15, 2004; AND APPOINTMENT OF LOIS
INGRAM, ALTERNATE MEMBER #2 TO A REGULAR MEMBER ON THE PARKS BOARD WITH A TERM
MAY 15, 2002 THROUGH MAY 15, 2004.
VOTE: ALL AYES. MOTION CARRIED.
VIII. TOWN BOARD APPOINTMENT
A. APPOINTMENT OF ALTERNATE MEMBER #2 TO THE CIVIL SERVICE BOARD WITH A TERM
MAY 15, 2002 THROUGH MAY 15, 2006.
Town Clerk Masny stated that there is an opening on the Civil Service Board for an Alternate #2 position and the Town
Commission has received two (2) applications for appointment to the Board, one from Ann Szemplenski and one from
Robert Miritello. Town Clerk Masny stated that the appointment will be for a four-year term.
Ann Szemplenski came forward and introduced herself to the Town Commission and gave background on herself as
presented on her application. Robert Miritello came forward and gave background on himself as presented on his
application and advised that he has education, training and experience in Police Departments throughout Florida
and is a former New York City policeman.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER CRISPEN TO APPOINT ROBERT MIRITELLO
TO THE ALTERNATE #2 POSITION ON THE CIVIL SERVICE BOARD WITH A TERM MAY 15, 2002 THROUGH
MAY 15, 2006, BASED ON RESUME AND HISTORY.
VOTE: ALL AYES. MOTION CARRIED.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER GUGLIETTA THAT ANN SZEMPLENSKI BE
APPOINTED TO THE ALTERNATE #2 POSITION AND ROBERT MIRITELLO MOVED TO THE #1 POSITION ON
THE CIVIL SERVICE BOARD WHEN AN OPENING OCCURS.
VOTE: COMMISSIONER GUGLIETTA, AYE. COMMISSIONER WALTERS, AYE. VICE MAYOR SMITH, AYE.
COMMISSIONER CRISPEN, NAY. MAYOR WILLE, NAY. MOTION CARRIED.
Mayor Wille stated that he is not in favor of the Town Commission setting a precedence of appointing someone
to a board prior to an opening as he would like to see the people requesting appointments as they become available.
B. APPOINTMENT OF ROBERT V. BELFATTO, SR., TO THE ALTERNATE #1 POSITION ON THE
PARKS BOARD WITH A TERM MAY 15, 2002 THROUGH MAY 15, 2004.
Town Clerk Masny stated that with the resignations of Lori Wille and Betsy Baird from the Parks Board and approval
of the consent agenda, there are currently 2 alternate positions vacant on the Board. Town Clerk Masny stated that
Robert Belfatto has submitted his application to be appointed to the Parks Board and if appointed, it will be for a
two-year term.
Mr. Belfatto came forward and introduced himself to the Town Commission and discussed his
resume for appointment to the Board.
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER GUGLIETTA TO APPOINT ROBERT V. BELFATTO, SR.
TO THE ALTERNATE #1 POSITION ON THE PARKS BOARD WITH A TERM MAY 15, 2002 THROUGH MAY 15, 2004.
VOTE: ALL AYES. MOTION CARRIED.
IX. OLD BUSINESS
A. GAIL JONES, OUTLAW ENGINEERING - PRESENTATION ON DESIGN OF MELBOURNE
BEACH MUNICIPAL PIER
Mayor Wille noted that Gail Jones of Outlaw Engineering is not present to address this item, and asked the Town
Manager to address this issue. Town Manager Hoskovec asked that Amy Adams be allowed to update the Town
Commission. Mayor Wille asked Town Manager Hoskovec where the Town stands with the design plans as
presented? Town Manager Hoskovec stated that these plans do not meet the expectations of the Town. Ms.
Adams stated that they are only 40 percent complete.
IT IS THE CONSENSUS OF THE TOWN COMMISSION THAT THEY AND THE TOWN MANAGER DISCUSS
THE ENGINEERING PLANS FOR THE PIER WITH OUTLAW ENGINEERING AT A WORKSHOP SOMETIME
NEXT WEEK.
B. AMY ADAMS, CAPE CANAVERAL SCIENTIFIC - DISCUSSION OF HISTORICAL REQUIREMENTS
FOR MELBOURNE BEACH MUNICIPAL PIER
Amy Adams of Cape Canaveral Scientific reported that that on April 22, 2002 the United States Transportation
Secretary announced that the Melbourne Beach Municipal Pier was added to the list of projects for funding through
the National Scenic Byways and we were previously advised that we would not be funded. Ms. Adams reported that
we were funded at 100% of our request, $145,000.00.
Ms. Adams reported the process by which the Town will receive the funding and this process cannot be done until
the Town has a Local Agency Project Agreement. Ms. Adams stated that she has requested the paperwork so
that she and the Town Manager can complete the forms for certification. Ms. Adams reported that the Town has
received $73,063.00 from FEMA, $236, 500.00 from FIND and $145,346.00 from National Scenic Byways for a
grand total of $354,909.00 for pier renovations. Ms. Adams reported that the project is estimated at $296,000.00
and advised that the extra funds can be used for enhancements such as a new pier entrance, benches, lighting, etc.
Ms. Adams reported that she will ask for a change on the scheduled completion date for the project in the next
quarterly report.
Town Manager Hoskovec reported that there are safety issues that the Town needs to discuss regarding the pier
and reported that the engineer and Town staff have reported that there is nothing to nail nails to underneath the pier.
Town Manager Hoskovec recommended that the pier be closed until the restoration project is finished. Mayor Wille
asked how soon the project could get started? Ms. Adams stated that the Town cannot start the project until the
funding from the Scenic Byways is received.
Mayor Wille opened the discussion of closing the pier to the public for comments.
Tom Macauley, 307 Surf Road and a member of the Parks Board commented that he goes out on the pier frequently
and he knows the safety issue mostly being nail heads that are popped up. Mr. Macauley stated that he is not a
structural engineer but there is no chance in his mind of one falling through the pier or over the railing. Mr. Macauley
stated one might trip on a board that has come up or you could hurt yourself on the nails, but closing the pier from
now until it is renovated is not in the public interest. Mr. Macauley suggested that the Town find a way to make the
pier safe to keep it open.
Betsy Baird, 1111 River Road and a member of the Parks Board stated that she concurs with Tom Macauley as
people use the pier all the time and people like it.
Lori Wille, 809 Riverside Drive stated that she concurs and the Town should not close the pier for this long of a
duration and the Parks Board should have some say in this issue as it is under the guidelines of the Parks
Board's duties.
Ann Downing, 801 Pine Street and a member of the Williams Building Ad Hoc Committee stated that the Pineapple
Man Triathlon has been in Town for several years and asked that the Town shore up the pier and that the run sponsors
rent a runner for the pier to protect the participants.
Robert Belfatto, 505 Second Avenue and a member of the Parks Board stated that he does not see that any options
have been presented and the Town should spend funds to fix the pier and then replace it.
Ms. Adams stated that Gail Jones of Outlaw Engineering advised that the main problem with the pier is that it is
rotted away underneath and beams need to be replaced. Ms. Adams advised that the Town cannot use grant
money to shore the pier up, it will have to come out of the Town's budget.
Town Attorney Gougelman stated that based on what he has heard, to not close the pier would be gross negligence
and stated that he would recommend that the Town Manager get in contact with the Town's insurance carrier to see
if they would cover any injuries if the pier is left open or some type of shoring up is performed.
Mayor Wille asked what the time frame would be from closure of the pier until the demolition is started on the project?
Town Manager Hoskovec advised probably two (2) months. Town Manager Hoskovec stated that he would like to keep
the pier open, but, based on the engineering survey, he feels the pier cannot remain open. Mayor Wille asked where
the damaged area is on the pier as the pier could possibly left open up to that damaged area? Town Manager
Hoskovec stated the stringers are in bad shape so it is pretty much the entire pier that is damaged.
Commissioner Walters stated that this problem with the nails happened last time the pier was rebuilt and stated
that he does not want to close the pier, but it will have to be closed to rebuild it anyway. Commissioner Walters
asked Ms. Adams if there is any way the Town can use some of the FEMA money? Ms. Adams stated that she
could ask if the Town can transfer the money to pay for an engineering survey, which is the next step in the process
and may help move the project forward.
Town Manager Hoskovec stated that if FEMA won't allow the money to be used for this purpose, there is $96,000
in the budget to move forward with the project.
The Town Commission discussed the option of using FEMA funds versus Town funds to finish the engineering
survey for the pier. Mayor Wille verified with the Town Manager that whatever course of action the Town takes
concerning the pier, it does not endorse the set of plans presented by Outlaw Engineering.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER GUGLIETTA THAT THE TOWN COMMISSION
AUTHORIZE THE TOWN MANAGER TO CLOSE THE PIER IMMEDIATELY AND TO PROCEED TO CONTACT
FEMA TO DETERMINE WHETHER OR NOT THE TOWN CAN USE THOSE FUNDS IMMEDIATELY TO CONTINUE
THE ENGINEERING AND START DEMOLITION OF THE PIER.
VOTE: ALL AYES. MOTION CARRIED
X. NEW BUSINESS:
A. PUBLIC HEARING - RESOLUTION NO. 705
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA
AUTHORIZING INTERDEPARTMENTAL TRANSFERS FOR FISCAL YEAR 2001-2002 GENERAL
FUND BUDGET; PROVIDING AN EFFECTIVE DATE
Town Attorney Gougelman read Resolution No. 705 by title. Town Manager Hoskovec stated that after reviewing the
quarterly financial report, the Town under funded two (2) areas in the budget and over funded a couple of areas and
adjustments need to be made. Town Manager Hoskovec stated that money has been taken from the salaries in the
Executive Department and can be transferred to other areas where needed, such as office equipment repairs and
maintenance. Town Manager Hoskovec stated that the Town needs to move $15,000 out of Public Works Contingency
and put it to the Town's portion of the Community Center renovations.
Mayor Wille opened the public hearing for comments from the public. There were no public comments.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER CRISPEN TO APPROVE RESOLUTION
NO. 705 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA
AUTHORIZING INTERDEPARTMENTAL TRANSFERS FOR FISCAL YEAR 2001-2002 GENERAL FUND
BUDGET; PROVIDING AN EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED.
XI. REPORTS:
A. TOWN ATTORNEY
There was no Town Attorney report
B. TOWN MANAGER
Town Manager Hoskovec advised that there will be a citizen meeting regarding the Oak Street pedway on June 13th
and we will be able to address the issues and also make a recommendation on the pedway for the June regular meeting.
Town Manager Hoskovec reported that the Town will put a notice in the Beach Comber and also notify the residents
within the 500-foot radius area of Oak Street about the project.
Town Manager Hoskovec reported that he secured a liability policy through the League of Cities for special events held
on Town properties and the user fee for the facilities will cover the premium. Town Manager Hoskovec reported that the
County Manager contacted him today regarding the Clerk of Court issue and advised that the Clerk has agreed to an
audit and the Town Managers will select the auditor this Friday and the Clerk of Courts will pay for the audit.
C. TOWN COMMISSIONERS
Commissioner Guglietta reported that he believes the Space Coast League of Cities is well represented by the Town
Commission and the league wants to show a united show in the mentoring program as this is a goal of the Governor.
Commissioner Guglietta reported that there were no submissions for the Space Coast League of Cities scholarship
program and asked that the Town submit a name of an employee or resident to receive this next year. Commissioner
Guglietta asked how the Town gets information to the public besides the Beachcomber and newspaper? Commissioner
Guglietta was advised that the Town could have its own public information officer for articles and he could function in this
role and/or appoint a Commissioner as spokesperson for items the Commission does. Commissioner Walters stated
that the Florida Today Newspaper will put items in the "Local Brief's" section.
Vice Mayor Smith asked when the Town audit will be presented? Town Manager Hoskovec reported it will be presented
next month, but the issue has been with FACS as they had carried three (3) employees into a police grant fund that was
only funded for (1) employee and they have to make the corrections. Vice Mayor Smith stated that the Town Commission
and Town Manager should discuss finance during the budget process. Vice Mayor Smith asked if the Town Attorney
has reviewed the Town Engineer's contract as the Town Commission did not see the final agreement, but it was
signed by the Town Manager before the Commission could approve it. Town Attorney Gougelman stated that he
submitted a contract with a lot of clauses inserted to protect the Town and the Manager forwarded it with a lot of
crossed-out paragraphs after it was reviewed by the engineers. Town Attorney Gougelman was requested to review
the newly signed agreement, but the Town Manager has the responsibility to sign these documents. Vice Mayor
Smith stated that if the Town Manager signed it, and if there is a problem with it, we could try to renegotiate it.
Commissioner Crispen reported that he misses the Town Manager's recommendations on the agenda items that have
been previously submitted with each agenda packet as they were very helpful to him in making decisions. Commissioner
Crispen stated that without objection, he would appreciate these recommendations. Commissioner Walters stated that
at the April 30th workshop it was discussed that the Town Manager looks bad if he makes a recommendation on an
agenda item and we don't follow his recommendation and this was the consensus of the Commission at that workshop.
Vice Mayor Smith stated that it does not make any different to her if it is helpful to members of the Commission.
Commissioner Guglietta stated that when he was initially appointed and getting used to the process of being a
Commissioner, the recommendations were helpful. Mayor Wille stated that he misses having the recommendations
but we are all individuals and will vote the way we want to vote on issues. Town Manager Hoskovec was asked to
resume submitting his recommendations and background on agenda items.
Mayor Wille reported that he has received a lot of positive feedback regarding Founders Day and Ryckman Park, the
Community Center and the beach project. Mayor Wille asked for support from the Town Commission that the Town
staff draft a letter of appreciation to all those who were a part of the team to help make the beach renourishment
project such a huge success and with a letter, provide these people with a Melbourne Beach pin, and, send a
coverlet with two (2) of the letters, one to Representative Weldon and one to Virginia Barker. There were no
objections from the Town Commission.
Mayor Wille stated that the Florida Inland Navigation District appropriated $136,500 towards the pier and the
FIND Commissioners will be in the area in June reviewing grants. Mayor Wille asked that the Town Commission
authorize funds to host a dinner/cocktails for the FIND Commissioners. There were no objections authorizing
funds for this purpose. Mayor Wille discussed dune fences as discussed with the City of Cape Canaveral and
advised that the Town should look into grant money to install the dune fences to capture the wind-driven sand.
D. GENERAL COMMISSION DISCUSSION (TIME PERMITTING)
There was no general Commission discussion
XII. ADJOURNMENT
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER CRISPEN TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The regular meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 9:30 p.m.
The regular meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 12:03 a.m.
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ROBERT D. WILLE, MAYOR
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CYNTHIA E. MASNY, CMC
TOWN CLERK
Note: a mechanical recording has been made of the foregoing procedures of which these minutes are a part
and is on file in the office of the Town Clerk.
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