TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - WORKSHOP
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 WEDNESDAY
June 19, 2002
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 Wille at 7:02 p.m. on Wednesday, June 19, 2002 in the Community Center.  MayorWille also led the 
Pledge of Allegiance
Present:  
Mayor Wille
Vice Mayor  Smith
Commissioner Crispen
Commissioner Guglietta
Commissioner  Walters
Others Present:  
Town Attorney Gougelman
Town Manager Hoskovec
15 members of the public
Town Clerk Masny
I.      CHANGES TO THE AGENDA
        There were no changes to the agenda.
II.     PRESENTATIONS BY SPECIAL GUESTS: PRESENTATION OF ANNUAL FINANCIAL STATEMENTS FOR 
        YEAR ENDED SEPTEMBER 30, 2001 BY TOWN'S AUDITORS HOYMAN, DOBSON AND COMPANY, P.A. 
        CERTIFIED PUBLIC ACCOUNTANTS.
        Debbie Bradley, Audit Director for Hoyman, Dobson and Company, P.A. presented the Town's 
        annual financial statements for year ended September 30, 2001 and answered questions of the 
        Town Commission regarding same.

        COMMISSIONER CRISPEN MOVED, SECOND VICE MAYOR SMITH TO ACCEPT THE 
        ANNUAL FINANCIAL STATEMENTS AND MANAGEMENT COMMENTS FOR YEAR 
        ENDED SEPTEMBER 30, 2001 AS PRESENTED BY TOWN'S AUDITORS HOYMAN, 
        DOBSON AND COMPANY, P.A.  VOTE:  ALL AYES.  MOTION CARRIED.

        COMMISSIONER WALTERS MOVED, TO AMEND THE MOTION THAT A POLICY IS IN 
        PLACE, BY THIS TIME NEXT MONTH, IF POSSIBLE, TO ALLOW THE TOWN 
        COMMISSION TO APPOINT A BOARD OF DIRECTORS TO OVERSEE THE EMPLOYEE 
        PENSION FUND.  
        MOTION DIES FOR LACK OF A SECOND.
III.    NON-SCHEDULED CITIZEN COMMENTS (3-MINUTE LIMIT, PLEASE) 
        Alice Graham, 305 Second Avenue commented that she did not like the red plastic rim around 
        the clock and red doors at the new library.  Ms. Graham was asked to contact the library board 
        regarding her concern
IV.     APPROVAL OF MINUTES:  DECEMBER 10, 2001 SPECIAL MEETING
                                                  DECEMBER 12, 2001 WORKSHOP
                                                  DECEMBER 19, 2001 REGULAR MEETING
                                                  DECEMBER 20, 2001 WORKSHOP
                                                  DECEMBER 27, 2001 WORKSHOP 
        Vice Mayor Smith stated that she found some typographical errors in the minutes and will give them to the Town 
        Clerk for correction.

        COMMISSIONER CRISPEN MOVED, SECOND COMMISSIONER GUGLIETTA TO 
        APPROVE WITH CORRECTIONS, THE MINUTES OF DECEMBER 10, 2001 SPECIAL 
        MEETING, DECEMBER 10, 2001 WORKSHOP, DECEMBER 12, 2001 WORKSHOP,
        DECEMBER 19, 2001 REGULAR MEETING, DECEMBER 20, 2001 WORKSHOP
        AND DECEMBER 27, 2001 WORKSHOP   
        VOTE:  COMMISSIONER CRISPEN, AYE.  COMMISSIONER GUGLIETTA, AYE.  VICE MAYOR SMITH, AYE.  
        MAYOR WILLE,  AYE.  COMMISSIONER WALTERS, NAY.  
        MOTION CARRIED.
V.   REPORTS BY ANYTOWN BOARD SUBMITTING A REPORT:
       A.      PARKS BOARD:  RECOMMENDATION TO TOWN COMMISSION ON FEES AND UTILIZATION OF 
                COMMUNITY CENTER AND GAZEBO
       There were no Board members present to discuss this agenda item.  It is the consensus of the 
       Town Commission to wait until a member of the Parks Board is present to address this item.  
       Town Manager Hoskovec reported that both the Parks Board and Town staff have made a 
       recommendation to the Town Commission regarding fees and utilization of the facilities.

       Town Manager Hoskovec stated that the Parks Board wants to utilize the facilities as much as 
       possible, but, the facilities need to be inspected and cleaned in between reservations.  Town 
       Manager Hoskovec reported that Public Works staff comes in on Sunday morning to pick up 
       trash and they could inspect the facilities for damage and, for this reason, staff has recommended 
       that the facilities can be reserved on Friday night or on Saturday and on Sunday.  The Parks 
       Board also wanted to reserve the facilities by the hour and that would be impossible unless 
       a staff member were present all hours.  Town Manager Hoskovec stated that the recommended 
       fee schedule is the same for the Board and staff.  

       The Town Commission accepted the recommendations from the Town staff regarding fees and 
       utilization of the Town facilities and requested that the Community Center key deposit fee be 
       increased.  The Town Commission recommended that the park facility be consistently called a 
       pavilion.   Mayor Wille stated that the County is not charged for the use of Town facilities and 
       asked that staff look into the County not charging the Town to use the library facilities. 
       Vice Mayor Smith asked that the Town Attorney review the special events requirements to see 
       if events such as wedding receptions are required to be approved by the Parks Board.

       The Town Commission requested that the regulations for utilization of the Community Center 
       and pavilion come back for approval in resolution form.

VI.    CONSENT AGENDA
        A.      ACCEPTANCE OF RESIGNATION OF ROBERT MORSE FROM THE PLANNING AND ZONING BOARD.
        B.      APPOINTMENT OF ALTERNATE MEMBER #1, DAVID CAMPBELL TO A REGULAR MEMBER ON THE 
                 PLANNING AND ZONING BOARD WITH A TERM ENDING OCTOBER 20, 2002.
        C.      APPOINTMENT OF ALTERNATE MEMBER #2, BRADLEY STALPES TO THE ALTERNATE MEMBER #1 
                 ON THE PLANNING AND ZONING BOARD WITH A TERM ENDING MAY 17, 2003.
        D.      APPOINTMENT OF ALTERNATE MEMBER #2, RITA KARPIE TO A REGULAR MEMBER ON THE 
                 ENVIRONMENTAL ADVISORY BOARD WITH A TERM JUNE 19, 2002 THROUGH JUNE 19, 2004.
        E.      REAPPOINTMENT OF XOCHITL ROSS TO THE BOARD OF ADJUSTMENT WITH A TERM JUNE 19, 2002 
                 THROUGH JUNE 19, 2005.
        Mayor Wille asked if the Town Commission would like to remove any items from the consent agenda for further 
        discussion.  There were no requests.

 VICE MAYOR SMITH MOVED, SECOND COMMISSIONER GUGLIETTA TO APPROVE THE CONSENT AGENDA 
AS PRESENTED. ACCEPTANCE OF RESIGNATION OF ROBERT MORSE FROM THE PLANNING AND ZONING BOARD;  
APPOINTMENT OF ALTERNATE MEMBER #1, DAVID CAMPBELL TO A REGULAR MEMBER ON THE PLANNING AND 
ZONING BOARD WITH A TERM ENDING OCTOBER 20, 2002; APPOINTMENT OF ALTERNATE MEMBER #2, BRADLEY 
STALPES TO THE ALTERNATE MEMBER #1 ON THE PLANNING AND ZONING BOARD WITH A TERM ENDING MAY 17, 
2003;  APPOINTMENT OF ALTERNATE MEMBER #2, RITA KARPIE TO A REGULAR MEMBER ON THE ENVIRONMENTAL 
ADVISORY BOARD WITH A TERM JUNE 19, 2002 THROUGH JUNE 19, 2004; AND REAPPOINTMENT OF XOCHITL 
ROSS TO THE BOARD OF ADJUSTMENT WITH A TERM JUNE 19, 2002 THROUGH JUNE 19, 2005. 
VOTE:  ALL AYES.  MOTION CARRIED.
VII.      OLD BUSINESS
       A.      DISCUSSION AND POSSIBLE ACTION REGARDING OAK STREET PEDWAY
       Town Manager Hoskovec stated that the Town held a workshop on Thursday evening, June 
       13th for about 1 hour and 45 minutes with Barbara Meyer, Brevard County Bicycle/Pedestian Safety 
       Coordinator, Commissioner Walters and 15 residents to discuss plans to install a pedway on Oak 
       Street from Ocean Avenue south to Highway A1A.  Town Manager Hoskovec stated that so far 
       the plan is to place the pedway on the east side of Oak Street, but, residents did request that the 
       Town contact Florida Power and Light to obtain a price to move the poles on the west side of the 
       road.  Town Manager Hoskovec stated that the idea of a pedway seemed to be more accepted as 
       the meeting progressed as it was pointed out to the residents that the project will be done in 
       conjunction with the stormwater drainage project and that traffic calming measures are planned 
       with the addition of landscaping to the area. 

       Town Manager Hoskovec stated that he is not ready to make a recommendation to the Town 
       Commission at this time as he is planning an additional meeting with the residents and is waiting 
       for a cost from Florida Power and Light Company.  Town Manager Hoskovec stated that the 
       County will have a landscape architect look at a couple of parcels regarding the property owner's 
       concerns about their existing landscaping.  

       Commissioner Crispen asked if the County is going to be doing any preliminary designs for the 
       pedway?  Town Manager Hoskovec advised that the County is pulling the plans from 1995 and 
       they are amending them regarding landscaping and obstacle changes.  

       Commissioner Walters stated that it is his understanding that at this point, we are trying to find 
       the least costly way to install the pedway on either the east or west side of Oak Street, and in the 
       meantime, Barbara Meyer is looking to see the cost for both sides of the road without regard for 
       the light poles as Florida Power and Light will give us this cost.  Town Manager Hoskovec stated 
       that this is correct.  

       Commissioner Guglietta asked if Mr. King was present at the pedway meeting as he is concerned 
       about the traffic calming measures.  Town Manager Hoskovec advised that he was present and 
       the traffic calming issues will be addressed.

       Mayor Wille opened the meeting up for public comments regarding the pedway plan.

       Martha Russo, 420 Sunset Boulevard commented that a few years' ago she was a representative 
       of the Gemini Elementary School PTA and they had asked for a pedway on Pine Street and the 
       plan never went through and asked if the Town can look at Pine Street for the pedway?   Town 
       Manager Hoskovec stated that he is aware of this and that he understands that the problems are 
       that there are right-of-way obstacles in this area and it does not incorporate the children who live 
       on the east side of Town.  Town Manager Hoskovec stated that  if the pedway is put on the east 
       side of Oak Street, the crossing guard will be moved in front of Gemini School, which will give 
       the Town better control and all children will have easy access to the pedway.

       Mayor Wille pointed out that the Town is very concerned about bicycle and pedestrian safety 
       and the County impact fee money will pay for the majority of this project as it is on a County 
       road.  Mayor Wille acknowledged that Pine Street is the recognized path for many residents for 
       transiting the Town from north to south.

       Bill Stacey, 610 Hibiscus Trail stated that he would like to see the pedway installed on the west 
       side of Oak Street.

       Mike King, 1401 Oak Street stated that some areas on Oak Street have 100 feet of right-of-way 
       and some areas have 50 feet and commented that the County is talking about an 8-foot sidewalk 
       and he does not feel an 8-foot sidewalk is appropriate in the areas with the 50-foot right-of-way.  
       Commissioner Walters responded that Barbara Meyers had stated that the County will work with 
       the residents on the pedway and this issue can be addressed.
       
       Mayor Wille stated that there is no action to be taken at this time and options will be presented 
       for consideration in the future.


       B.      DISCUSSION AND POSSIBLE ACTION REGARDING HANDRAIL SYSTEM FOR MELBOURNE BEACH 
                MUNICIPAL PIER.
       Town Manager Hoskovec stated that at a workshop held at the end of May, the Town discussed 
       the handrail system and advised that Gail Jones of Outlaw and Jones submitted drawings of 
       handrail options for the pier that were recommended by the state historical architect.  Town 
       Manager Hoskovec advised that there are no cost estimates included as we do not know 
       how the different handrails will be installed, but, the lexanne railing system will be cost prohibitive and will not allow any 
       cross-wind through it.

       At this point, Amy Adams, grant consultant and Gail Jones of Outlaw and Jones came forward and addressed the 
       Town Commission regarding the handrail system update for the pier.   Ms. Adams stated that Walt Marder, State 
       Historic Preservation Architect submitted these options as requested after the May 30th workshop.  
       
       Mr. Jones advised that the stainless steel cable drawing indicates that the cable will be put on the inside of the piling, 
       just under the wood cap and stated that there are other options available such as running the cable through the center 
       of the pilings or put the cables on the outside, which would prevent people from standing on the cable.  Mr. Jones 
       advised that he also believes the lexanne railing system will be cost prohibitive and stop any flow of air and will not 
       withstand ultra violet rays and will discolor and may crack.

       After a discussion regarding the options of the handrail systems, Commissioner Crispen asked if a decision is needed 
       on this tonight?  Ms. Adams stated that the Town is in the process of waiting for the Interlocal Agreement to allow the 
       funds to come down from the Department of Transportation and the engineering design does have to be approved by the
        Department of Transportation.  The Town Commission requested that staff provide the minimum number of cables 
       to meet ADA requirements, total cost, and location of cables.

       IT IS THE CONSENSUS OF THE TOWN COMMISSION THAT OPTION #2, STAINLESS STEEL CABLE IS THE 
       MORE ACCEPTABLE OF THE THREE (3) OPTIONS FOR THE HANDRAIL SYSTEM, AND  AT A FUTURE MEETING, 
       THE TOWN COMMISSION WILL BE PROVIDED WITH GUIDELINES, OPTIONS AND PRICING REGARDING THE 
       HANDRAIL SYSTEM.

       The Town Commission requested that staff come up with an annual maintenance program
       for the pier, pavilion, Ryckman Park, community center and Loggerhead Park Preserve.


VIII.     NEW BUSINESS  
           A.      PUBLIC HEARING - RESOLUTION NO. 706
           A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA ADOPTING THE 
           FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION "NOTICE OF LIMITATION OF USE/SITE 
           DEDICATION" AS A REQUIREMENT OF FUNDING RECEIVED FOR IMPROVEMENTS TO RYCKMAN PARK; 
           SETTING FORTH RECORDING REQUIREMENTS OF THIS RESOLUTION AND REQUIRED ATTACHMENTS; 
           PROVIDING AN EFFECTIVE DATE.
           Town Attorney Gougelman read Resolution No. 706 by title.  Town Manager Hoskovec stated 
           that this is a requirement of the FRDAP grants the Town received to renovate Ryckman Park.  

           Mayor Wille opened the public hearing for comments from the public regarding Resolution No. 
           706.  There were no public comments.

           Commissioner Guglietta recommended that the word, "gazebo" be changed to "pavilion" in the 
           first paragraph of the resolution.

           Town Attorney Gougelman stated that the Town is placing a limitation on the way Ryckman 
           Park can be used in perpetuity by recording these items in the public records and suggested that 
           the Town use the legal description of the park and not the site map.  

           COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER CRISPEN TO 
           ADOPT RESOLUTION NO. 706, A RESOLUTION OF THE TOWN OF MELBOURNE 
           BEACH, BREVARD COUNTY, FLORIDA ADOPTING THE FLORIDA DEPARTMENT 
           OF ENVIRONMENTAL PROTECTION "NOTICE OF LIMITATION OF USE/SITE 
           DEDICATION" AS A REQUIREMENT OF GRANT FUNDING RECEIVED FOR 
           IMPROVEMENTS TO RYCKMAN PARK; SETTING FORTH RECORDING 
           REQUIREMENTS OF THIS RESOLUTION AND REQUIRED ATTACHMENTS; 
           PROVIDING AN EFFECTIVE DATE AS AMENDED TO CHANGE THE WORD 
           "GAZEBO" TO "PAVILION" IN THE FIRST PARAGRAPH OF THE RESOLUTION AND 
           TO RECORD THE LEGAL DESCRIPTION RATHER THAN THE SITE MAP OF 
           RYCKMAN PARK.  
           VOTE:  ALL AYES.  MOTION CARRIED.

           B.      DISCUSSION AND POSSIBLE ACTION REGARDING AN AMENDMENT TO THE TOWN ATTORNEY'S 
           AGREEMENT
           Town Manager Hoskovec reported that several months ago, our Town Attorney had issued his 
           request for resignation and at this time, he has withdrawn his resignation and requested an 
           amendment to his agreement to increase his rate of pay.
          Commissioner Walter requested an amendment to Page 3 of the First Amendment to Agreement 
           for Legal Services, Page 3, item B.  the second sentence reads, "The Town Manager may 
           approve use of special counsel for an expenditure not exceeding $1,000 in legal fees payable to 
           the special legal counsel".  Commissioner Walters stated that he would like this sentence left in 
           the contract, but add the following, "and shall report such expenditure to the Town Commission 
           within five (5) working days".  Commissioner Walters stated that either the Town Attorney or 
           Town Manager needs to notify the Town Commission when that $1,000 is expended and the 
           reasons.  

           Town Attorney Gougelman commented that this would be a policy of the Town Commission as 
           to how the use of special counsel will be handled if the Commission does not give prior approval 
           of the use of the special counsel.  Vice Mayor Smith stated that she believes it should be up to 
           the Town Manager to notify the Town Commission before we get to that $1,000 mark.  

           Town Attorney Gougelman stated that this is a contract between the Town and Town Attorney 
           and this section should be taken out of this contract.  

           The Town Commission requested that staff come back with a policy regarding the Town 
           Manager's use of special counsel for approval by the Town Commission.

           COMMISSIONER WALTERS MOVED, SECOND VICE MAYOR SMITH TO APPROVE 
           THE AMENDMENT TO THE TOWN ATTORNEY'S AGREEMENT AS PRESENTED AND 
           DELETE THE LAST TWO (2) SENTENCES IN PARAGRAPH B. ON PAGE 3 OF THE 
           FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES.  
           VOTE:  ALL AYES.  MOTION CARRIED.
          C.      PUBLIC HEARING - RESOLUTION NO. 707
           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. 707 by title.  Town Manager Hoskovec stated that this budget 
     amendment is for the Community Center grant expenditures as the Town did not include our match in the budget 
     and this will take care of this issue.

     Mayor Wille opened the public hearing for comments from the public regarding Resolution No. 
     707.  There were no public comments.
 
     VICE MAYOR SMITH MOVED, SECOND COMMISSIONER GUGLIETTA TO ADOPT RESOLUTION NO. 707, 
     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.

           
IX.      REPORTS:
         A.      TOWN ATTORNEY
         Town Attorney Gougelman reported that the Town will be receiving a letter next week from him 
         regarding a request for an opinion on the Melbourne Beach Volunteer Fire Department, the 
         Sunshine Law and Public Records Law.  Town Attorney Gougelman stated that based on the 
         current law, the public records law will be applicable to the volunteer fire department and it is 
         unclear whether or not the Sunshine Law is applicable to the volunteer fire department.  

         Commissioner Walters asked for clarification from Town Attorney Gougelman when it is 
         appropriate for a Commission member to make a motion.

         B.      TOWN MANAGER
         Town Manager Hoskovec reported that he made an emergency expenditure of $3,467.29 
         yesterday to repair the air conditioning unit in the Community Center.  

         Town Manager Hoskovec reported that Hoyman, Dobson and Company will be performing 
         part of the audit for the Clerk of Circuit Court regarding the traffic citation funds owed.  Town 
         Manager  Hoskovec advised that the Town has done research and advised that the numbers are a 
         lot lower according to our records.  Commissioner Walters asked how this is going to affect our 
         budget if we have to pay back some funds each month?  Town Manager Hoskovec advised that 
         according to our budget report, our expenditures for the year are at 42% and our revenues are at 
         68%  and if we keep a handle on expenditures, we will be okay.
         COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER GUGLIETTA THAT 
         THE TOWN MANAGER IS DIRECTED TO CONDUCT AN INVESTIGATION TO 
         DETERMINE HOW THE TOWN FAILED TO ASCERTAIN THE CLERK OF THE COURT 
         WAS SENDING EXCESSIVE FINE REVENUE FOR MORE THAN A YEAR, IN 
         ADDITION, THE INVESTIGATION SHOULD DETAIL WHY AND HOW THE TOWN 
         FAILED TO TAKE NECESSARY LEGAL ACTION TO PROTECT THE RIGHTS OF THE 
         TOWN IN THIS MATTER.

         Commissioner Walters stated that he wants to find out why this happened and find out how we 
         can prevent it in the future, especially if a department head advises the Town Manager of a 
         serious problem and that something is done about it.  Commissioner Walters stated that in his 
         opinion, this situation could have been resolved a year and a half ago.

         Commissioner Crispen stated that he would like to see this addressed also and the Town 
         Manager is working on this and will be making recommendations.  Commissioner 
         Crispen stated that he does not know if the Town will ever know how this happened and that he 
         would rather have the Town Manager spend his time working on a policy to make sure we have 
         accounting controls in place to cover intergovernmental fund relationships such as this.  
         Commissioner Crispen advised that he is not interested in going back in time to find out how this 
         may have happened.  

         Vice Mayor Smith stated that you cannot go back into a person's head and find out why they did 
         or did not do what they should have.  Vice Mayor Smith stated that the Town Manager could 
         find memos that were received by the former Town Manager and review those, but that would be 
         as far as he could go with an investigation.

         Town Manager Hoskovec stated that he would like to make budget policies to carry forward to 
         check items such as this.  

         Mayor Wille stated he was not privy to the memos Commissioner Walters has referred to and 
         stated that he does not want to pursue an investigation of this issue.  Mayor Wille stated that the 
         Town had added hundreds of thousands of dollars back into the reserves as a result of 
         responsible work by the Commission, Manager and department heads.

         Commissioner Walters requested to withdraw his previous motion.  Commissioner Guglietta 
         agreed to withdraw his second to the previous motion.

         Commissioner Guglietta agreed with all comments and stressed the fact that the Town needs to 
         put something in writing that clearly states that if something like this happens again, we will know.

         COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER GUGLIETTA TO 
         COMPEL THE TOWN MANAGER AND FINANCE CLERK AND/OR THEIR DESIGNEE 
         TO REPORT TO THE TOWN COMMISSION ANY FINANCIAL CHANGES THAT OCCUR 
         TO THE BUDGET THROUGHOUT THE YEAR. 
         VOTE:  ALL AYES.  MOTION CARRIED.

         Town Manager Hoskovec reported that the easements have been signed for the Pelican and 
         Anchor Key drainage project and we are ready to bid the project.  Town Manager Hoskovec 
         reported that the Pine Street resurfacing is on hold as it has been raining, but, they should be 
         finished within the next two (2) weeks.  Town Manager Hoskovec reported that the A1A 
         resurfacing and traffic signal installation project should be finished within the next two (2) 
         weeks.  Town Manager Hoskovec stated that the St. Johns River Water Management District is 
         reviewing the Stormwater Masterplan as prepared by Outlaw Engineering and will be submitting 
         their comments to the Town.  Town Manager Hoskovec reported that July 1st is the cut off date 
         to receive applications for the Chief of Police position.  

         Commissioner Guglietta requested that he view the tennis court lights after the meeting this 
         evening as he has received a lot of e-mails regarding the bulbs being out.  Town Manager 
         Hoskovec asked that Commissioner Guglietta stop by during the daytime and the Public Works 
         Department will assist him.

         Commissioner Walters asked for a final amount spent on Ryckman Park showing how much was 

         spent on the improvement and how much we are over budget.  

         C.      TOWN COMMISSIONERS
         Commissioner Guglietta reported that he attended the Institute for Elected Municipal Officials 
         this month and recommended it highly for other Commissioners to attend.  

         Commissioner Walters stated that he attended the meeting regarding the pedway and advised that
         the Town Manager did an outstanding job of controlling the meeting and keeping everyone 
         focused on the subject.  

         Commissioner Walters stated that he mentioned in the December 19th meeting that the minutes 
         were months behind and stated that he is disappointed that the minutes are not caught up yet and 
         he is disappointed that someone was given an increase in salary to do this job and it is not done.  
         Commissioner Guglietta stated that when he attended the Elected Municipal Official's seminar, 
         he learned that the State Constitution and Sunshine Law states that the minutes of the meeting 
         will be done in the most expedient fashion and manner and that he has talked to the Town 
         Manager about this as we are subject to penalty and review.

         COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER GUGLIETTA THAT 
         THE CURRENT RECEPTIONIST POSITION BE IMMEDIATELY ELIMINATED AND 
         THAT A NEW POSITION CREATED ENTITLED DEPUTY TOWN CLERK.  THE TOWN 
         MANAGER IS AUTHORIZED TO ADVERTISE AND HIRE A QUALIFIED APPLICANT 
         WHO HAS THE NECESSARY SKILLS AND CAN SUCCESSFULLY MANAGE MULTIPLE 
         TASKS.  THE QUALIFIED APPLICANT SHOULD BE CAPABLE OF PERFORMING THE 
         DUTIES OF TOWN CLERK AND SHALL BE UNDER THE DIRECTION AND CONTROL 
         OF THE TOWN CLERK TO INCLUDE ASSISTING IN COMPLETION OF THE TOWN 
         MINUTES.  STARTING SALARY BASED ON QUALIFICATIONS.

         Commissioner Crispen stated that he has a problem with the Town Commission managing these 
         types of operational issues, but does not disagree with what is being said.  Commissioner Crispen 
         stated that he believes the Town Commission should give the Town Manager a period of time to 
         get these minutes caught up.  

         Vice Mayor Smith stated that she is going to make a proposal to change the job description back 
         to the way it was, hired by the Town Manager, supervised by the Town Clerk, but would like to 
         see what has been looked into by the Town Manager.

         Town Manager Hoskovec stated that he has checked with court reporters and transcriptionists to 
         see if someone can come in to do the minutes, but, they will not do this.  The best way is to take 
         the tapes away from here and we cannot do that.  Town Manager Hoskovec state that Jane is also 
         the Building Officials and my assistant and there are other tasks.  Town Manager Hoskovec 
         stated that if you go ahead and make a Deputy Town Clerk position, he has no Administrative 
         Assistant at that point.  

         Mayor Wille stated that he is opposed to this motion and the Town Commission needs more due 
         deliberation and recommendations regarding the staff positions.  Mayor Wille stated that the 
         Manager will have no assistant if we do this.  

         After a discussion, Commissioner Walters withdrew his motion and Commissioner Guglietta 
         withdrew his second to the motion.

         Mayor Wille stated that the Town Commission is coming up on performing its first evaluation of 
         the Town Manager and had discussed that the point rating system was somewhat skewed and 
         presented a rating system for discussion and consideration at the next meeting.

         Mayor Wille reported that a Water System Advisory Board meeting was held at the request of 
         the South Beaches Coalition to discuss the quality of the distribution system on the beaches and 
         the City of Melbourne provided a capital improvement program with their future plans for 
         replacement of old pipes.
X.     ADJOURNMENT
        VICE MAYOR SMITH 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 9:54 p.m.




____________________________________
ROBERT D. WILLE, 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.