TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - REGULAR MEETING
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WEDNESDAY
July 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, July 16, 2003 in the Community Center. Mayor Crispen also led
the Pledge of Allegiance to the Flag.
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
Police Chief Loizzo
Finance Manager Matthews
16 members of the public
Town Clerk Masny
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I. CHANGES TO THE AGENDA.
Mayor Crispen asked that the proclamations and awards on the agenda be held before the presentations. There
were no objections from the Town Commission regarding this request.
III. PROCLAMATIONS AND AWARDS:
A. ADMINISTER OATH OF OFFICE TO GRAHAM OLHMAN, AUXILIARY POLICE OFFICER, MELBOURNE
BEACH POLICE DEPARTMENT.
Police Chief Loizzo administered the oath of office to Graham Olhman as an Auxiliary Police Officer of the Town.
B. AWARD OF MELBOURNE BEACH POLICE DEPARTMENT’S OFFICER OF THE MONTH FOR JUNE 2003 -
SERGEANT SINISCAL.
Police Chief Loizzo awarded Sergeant Siniscal the Melbourne Beach Police Department’s Officer of the Month for
June 2003.
II. PRESENTATION BY SPECIAL GUESTS:
A. INTRODUCTION OF SENATOR MIKE HARIDOPOLOS.
Senator Mike Haridopolos updated the Town Commission on the current legislative session and answered
questions from the Town Commission and the public regarding issues on nursing home legislation, class size
for schools and stricter or changed fire works legislation and a wind storm insurance concern.
B. PRESENTATION BY DR. MICHAEL F. LESSER OF 405 ATLANTIC STREET, MELBOURNE BEACH
REGARDING STRUCTURE HEIGHT REGULATIONS.
Dr. Michael Lesser, 405 Atlantic Street addressed the Town Commission and advised that two (2) month’s ago
he was declined a seven (7) foot height variance for his home and requested that the maximum height of a single
family residence be changed from 28 feet to 42 feet, which is 35 feet above the base floor requirement. Dr. Lesser
commented that he believes this change would enhance property values in Melbourne Beach as the height change
would allow better river or ocean views, encourage additional building and increase property values and the tax base.
Mayor Crispen commented that this is a presentation of a concept for the Town to consider. Dr. Lesser stated that
the Board of Adjustment has said no to his height variance and the Town Attorney Gougelman suggested he give
a presentation to request a height change. Dr. Lesser commented that there are a significant number of $1 million
homes in Melbourne Beach and he believes it unlikely the Town will be able to continue to attract these types of
individuals to our community without the height change. Mayor Crispen asked Town Attorney to respond.
Town Attorney Gougelman stated that Dr. Lesser’s variance was of a nature where he probably was not able to
demonstrate an unnecessary hardship and the Board noted that if they gave him a variance, it would be for
circumstances that, legally speaking, are not unique. Town Attorney Gougelman commented that generally
speaking, most communities have a maximum building height of usually around 35 feet and Melbourne Beach
is conservative about the maximum height in the single-family district and commented that trying to build a home
within the 28 feet could cause difficulty. Town Attorney Gougelman stated that with the redevelopment of homes
along Riverside Drive or Atlantic Street, the newer homes have pitched roofs, are two (2) stories and have 10-foot
ceilings. Town Attorney Gougelman stated that the Town of Indialantic has changed its maximum height from
25 feet to 30 feet.
Town Attorney Gougelman advised that the option for Dr. Lesser is to come to the Town Commission and Planning
and Zoning Board and talk about the possibility of a Town-wide change in height or for certain areas in Town that
are single family zoning. Town Attorney Gougelman stated that if this appears to be an idea that might be accepted
or deserves further investigation, an ordinance would be prepared and would have to go before the Planning and
Zoning Board for a public hearing for a consistency determination with the Town’s Comprehensive Plan and then
it would come before the Town Commission for first and second reading at a public hearing.
Mayor Crispen asked Dr. Lesser what his intention is regarding this idea? Dr. Lesser stated that it is his intention
to do whatever is necessary to try to get this change and he understands that the Town wants a small community
feel without eight-story condominiums, but he feels that a nice attractive single family home in this community
would be an asset, although a few individuals would be adversely affected.
Mayor Crispen asked for Town Commission comments regarding the height change. Commissioner Wilson
commented that the Code of Ordinances states that the Town Commission cannot act on this unless it goes
through the Planning and Zoning Board first. Vice Mayor Smith commented that she agrees with Commissioner
Wilson and Dr. Lesser has a point that this needs to be looked at in the zoning code; but, the Town Commission
needs to go through the procedure and have this go to the Planning and Zoning Board for their recommendation.
Mayor Crispen opened the meeting for public comment regarding this issue.
Alice Graham, 305 Fifth Avenue commented that she is very disturbed about this request because the Town has
codes and Dr. Lesser does not meet the codes and was turned down by the Board of Adjustment. Ms. Graham
stated that she is disturbed at the eliteism of the proposal and stated that if we have codes, we need to follow them.
Shirley Baccus, 300 Atlantic Street asked if there is a requirement that you have to build up your property at least
three (3) feet above the crown of the road? Town Manager Hoskovec stated that he believes so. Ms. Baccus
commented that she recommends that the Town Commission look at changing the code to readdress the height
and that she would not like to see it any higher than 35 feet.
Mike Rydson, 1301 Pine Street commented that he built his house two (2) year’s ago, it is a two (2) story home
with nine (9) foot ceilings and a tin roof, with a high pitch. Mr. Rydson commented that the house was constructed
lower on the lot to keep within the height regulations.
Mayor Crispen advised Dr. Lesser that he will be required to take his request to the Planning and Zoning Board
for their recommendation.
C. PRESENTATION BY MIKE AND LINDA RYDSON OF 1301 PINE STREET, MELBOURNE BEACH
REGARDING PROPERTY AT THE SOUTHWEST CORNER OF OCEAN AVENUE AND HIGHWAY A1A.
Linda Rydson, 1301 Pine Street advised that she and her husband recently purchased George Schmitts property
at the corner of Ocean Avenue and Highway A1A and that the Town Planner advised she come before the Town
Commission for approval of their idea for the property prior to applying to the Planning and Zoning Board. Ms.
Rydson explained her plans to restore the house to a 1916 style, and put in a small historic inn or an upscale
bed and breakfast on the property. Ms. Rydson stated that they propose a small inn with 11 rooms, with an
inn keepers quarters, adding a second story on the carriage house and building two (2) small cabana houses.
Ms. Rydson commented that they will attract married professionals who make at least $75,000 per year and
who would bring great revenue to the Town. Ms. Rydson stated that the zoning in Town does not allow a bed
and breakfast in Town and listed the types of businesses that can go on the property according to the zoning
codes. Ms. Rydson asked for support of the project and that the Planning and Zoning Board approve, as an
amendment to the zoning codes, that bed and breakfasts be listed as an approved use and incorporate the
verbiage from the Florida Statutes regarding the definition of a bed and breakfast inn.
Mayor Crispen advised that this request needs to go in a similar direction as Dr. Lesser, first to the Planning and
Zoning Board to start the process and they will make a recommendation to the Town Commission regarding
the request.
Commissioner Wilson stated that the Planning and Zoning Board is in the process of changing the zoning on the
Ocean Avenue corridor and a bed and breakfast will be allowed in this district. Town Attorney Gougelman
commented the zoning code is in process with the Board but he was not sure if a bed and breakfast will be
listed in the zoning.
Mayor Crispen opened the meeting for public comment regarding this item.
Alice Graham, 305 Fifth Avenue, commented that she would like to know the difference between an inn and a
bed and breakfast. Ms. Rydson stated that according to the State of Florida, there is no difference, and this is
called a bed and breakfast inn, which would have to be less than 15 rooms and in home structure.
Mayor Crispen asked for Town Commission comment.
Commissioner Price stated that we have had two (2) issues before the Town Commission and both are premature
in terms to what the Town Commission can do procedurally. Commissioner Price stated that he is surprised
that these have not come before the Town as of yet and commented that the Town cannot stop change, but can
manage it and the bed and breakfast appears to be a way to manage change for the Town.
Commissioner Walters stated that over a year ago, one of the Town’s goals and objectives was to look at the
building codes and the building fee structure and he hopes that because of these types of issues, the Town
Commission can do something to move the code changes along for the best interest of the Town.
Vice Mayor Smith thanked Ms. Rydson for her presentation, and stated that the zoning ordinance change is a
large process as it is the entire zoning code and recommended that the Rydson’s apply for a rezoning through the
Planning and Zoning Board and Comprehensive Plan compliance as this process will be faster. Vice Mayor Smith
suggested that Ms. Rydson contact the Town Manager to apply for a rezoning of the property. Ms. Rydson
commented that she believes she will need to apply to amend the zoning codes as bed and breakfasts are not
allowed anywhere in the zoning districts.
Mike King,1401 Oak Street stated that he is a member of the Planning and Zoning Board and is not sure it is
appropriate that he share the proposed zoning document. Town Attorney Gougelman commented that it is
appropriate, but the concern is that this will be a long process to adopt the zoning document and to not hold
up the applicants, the best thing to do is that the applicants ask that in that particular zoning district that bed
and breakfasts be added as a classification and to include the definition. Town Attorney Gougelman advised
that this would go to the Planning and Zoning Board and then to the Town Commission as an ordinance for
first and second reading at a public hearing.
IV. NON-SCHEDULED CITIZEN COMMENTS.
Alice Graham, 305 Third Avenue asked that the triangle in the City of Melbourne where someone is planning to
build has burial bones located there and that she heard that they were seeking comment from communities
beach side. Town Manager Hoskovec stated that the Town has not been addressed about this. Mayor Crispen
commented that this is a City of Melbourne issue.
V. APPROVAL OF MINUTES JUNE 25, 2003 REGULAR MEETING.
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER PRICE TO APPROVE THE MINUTES OF
JUNE 25, 2003 REGULAR MEETING.
VOTE: ALL AYES. MOTION CARRIED.
VI. REPORTS BY ANY TOWN BOARD OR COMMITTEE SUBMITTING A REPORT:
PARKS BOARD - DISCUSSION AND POSSIBLE ACTION REGARD A REQUEST BY JOSH BOLDUC TO
HOLD VOLLEYBALL TOURNAMENTS AT OCEAN PARK.
Josh Bolduc of Palm Bay, Florida advised that he has submitted a proposal to hold beach volleyball leagues and
tournaments. Mr. Bolduc advised that he went before the Parks Board to discuss his ideas and the Parks Board
has recommended approval for the leagues and not the tournaments. Town Manager Hoskovec advised that the
Parks Board recommended the tournaments not the leagues as the leagues would tie up the courts too much.
Mr. Bolduc reviewed the schedule and a cost analysis for holding the leagues at Ocean Park. Mr. Bolduc advised
that the Parks Board support is the opposite way. Town Manager Hoskovec stated that the equipment requested
by Mr. Bolduc arrived and it is rusting and will not last on the beach. Town Manager Hoskovec advised that the
Public Works Department has recommended that the equipment be sent back and that he could not support the
proposal at this time.
Mayor Crispen opened the meeting for comments from the public regarding this agenda item. There was no
public comment.
Commissioner Walters asked Mr. Bolduc if he also proposed the beach volleyball camp and agreed that if the
Town ordered the equipment, he would give a $500 deposit? Mr. Bolduc stated that he agreed if the equipment
were received and in place on time, but it was not. Commissioner Walters stated that we were told the equipment
was there and up on time, but we did not receive the deposit. Commissioner Walters asked Mr. Bolduc how
many responses he had to the camp and how many were Melbourne Beach children? Mr. Bolduc could not
give any numbers.
Commissioner Price asked what happened with the camp that was being planned? Mr. Bolduc stated that in
the agreement, the nets and posts would be in place by a certain date and they were not and the equipment
was sent back. Mr. Bolduc stated that he talked to Mr. Hoskovec and discussed the camp and advised that
the equipment would not be here on time, there were delays in advertising and about a week from when camp
was to start, it was obvious that attendance would be short so he came up with this proposal to make up for
costs. Commissioner Price asked about the specifications for the posts and who came up with these? Town
Manager Hoskovec reported that Mr. Bolduc provided the specifications for the posts and when the equipment
came in it was rusting in the boxes and inappropriate for use on the beach.
Commissioner Walters stated that the Town never received the deposit, we are stuck with the equipment, and the
Parks Board was to present this to us and they are opposed to it because they don’t want the tournaments.
Commissioner Walters stated that no member of the Parks Board is here to present a recommendation.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER PRICE TO TABLE THE AGENDA ITEM,
DISCUSSION AND POSSIBLE ACTION REGARD A REQUEST BY JOSH BOLDUC TO HOLD VOLLEYBALL
TOURNAMENTS AT OCEAN PARK.
VOTE: ALL AYES. MOTION CARRIED.
VII. CONSENT AGENDA:
A. REAPPOINTMENT OF COLLIN CAMPBELL, JR. TO THE PLANNING AND ZONING BOARD WITH A
TERM JULY 16, 2003 THROUGH JULY 16, 2006.
B. APPROVAL OF CHANGE ORDER IN THE AMOUNT OF $2,338.01 FOR THE INFORMATION
TECHNOLOGY NETWORK FOR THE MUNICIPAL COMPLEX.
C. APPROVAL OF CHANGE ORDER IN THE AMOUNT OF $1,202.93 TO UPGRADE INTERNAL DATA
AND TELEPHONE CABLING FOR THE MUNICIPAL COMPLEX.
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER PRICE TO APPROVE THE CONSENT AGENDA.
REAPPOINT COLLIN CAMPBELL, JR. TO THE PLANNING AND ZONING BOARD WITH A TERM JULY 16, 2003
THROUGH JULY 16, 2006; APPROVE CHANGE ORDER IN THE AMOUNT OF $2,338.01 FOR THE INFORMATION
TECHNOLOGY NETWORK FOR THE MUNICIPAL COMPLEX; AND APPROVE THE CHANGE ORDER IN THE
AMOUNT OF $1,202.93 TO UPGRADE INTERNAL DATA AND TELEPHONE CABLING FOR THE MUNICIPAL
COMPLEX.
VOTE: ALL AYES. MOTION CARRIED.
VIII. PUBLIC HEARING: ORDINANCE 2003-02
AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA PROVIDING FOR THE
METHOD OF CONSUMMATING BUDGETARY TRANSFERS; PROVIDING A SEVERABILITY/INTERPRETATION
CLAUSE; PROVIDING FOR THE REPEAL OF ORDINANCES AND RESOLUTIONS INCONSISTENT HEREWITH;
PROVIDING FOR AN EFFECTIVE DATE. (SECOND AND FINAL READING)
Town Attorney Gougelman read Ordinance 2003-02 by title.
Mayor Crispen opened the meeting for comments from the public regarding this agenda item. There were no public
comments.
Vice Mayor Smith stated that she voted against this ordinance on first reading and will vote against the ordinance
on second reading because she feels that the Town Commission should not tie a Town Manager’s hands from
shifting funds in the budget without Town Commission approval.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER WILSON TO ADOPT ORDINANCE 2003-02, AN
ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA PROVIDING FOR THE
METHOD OF CONSUMMATING BUDGETARY TRANSFERS; PROVIDING A SEVERABILITY/INTERPRETATION
CLAUSE; PROVIDING FOR THE REPEAL OF ORDINANCES AND RESOLUTIONS INCONSISTENT HEREWITH;
PROVIDING FOR AN EFFECTIVE DATE.
VOTE: COMMISSIONER WALTERS, AYE. COMMISSIONER WILSON, AYE. COMMISSIONER PRICE, AYE.
MAYOR CRISPEN, AYE. VICE MAYOR SMITH, NAY. MOTION CARRIED.
Commissioner Walters commented that the reason we did this change to the ordinance was to give the Town
Manager a little leeway before he had to go to bid so we have changed the amount from $3,000 to $4,000.
Commissioner Walters commented that the Town Commission is trying to avoid the Town Manager taking
funds from one line item in the budget and spending it in another way that the Town Commission has not approved.
Commissioner Price commented that prior to his becoming a Town Commissioner, he was aware that there was
some confusion about past Town Managers and the Town Commission regarding expenditures being made and
who had the authority to approve them. Commissioner Price commented that this ordinance will eliminate the
confusion because it forces the Town Commission and Town Manager to better communicate when large
expenditures are being made.
Vice Mayor Smith commented that the way she understands this ordinance, the Town Commission will have to
approve any changes to any line item in any budget. Mayor Crispen commented that the line items in the budget
are approved by the Town Commission and any left over money now cannot be used without the approval of the
Town Commission.
IX. NEW BUSINESS:
A. DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF CAPE CANAVERAL SCIENTIFIC
TO PREPARE A FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT APPLICATION
FOR OCEAN PARK RENOVATIONS.
Town Manager Hoskovec stated that several months’ ago, the Town Commission directed staff to look at renovating
Ocean Park and Amy Adams of Cape Canaveral Scientific has prepared a cost estimate to apply for a Florida
Recreation Development Assistant Program grant, which requires no matching funds from the Town. Town Manager
Hoskovec reported that if we obtain the FRDAP grant, and we obtain the Boomerang Restaurant property, we can
still apply for funds to redo that property as well. Town Manager Hoskovec stated that this allows the Town to
work on the north end of Ocean Park, which is the current existing park. Town Manager Hoskovec stated that
he recommends that the Town Commission accept the proposal.
Mayor Crispen opened the meeting for public comment regarding this agenda item.
Alice Graham, 305 First Avenue asked what the plan is for Boomerangs? Mayor Crispen stated this agenda item
is for renovation to the existing Ocean Park and the Town hired Cape Canaveral Scientific to apply for a Florida
Forever grant to purchase the property, if we get the grant, we do not have to proceed with purchasing the land
and have we not gone into the specific ideas about what to do with the property.
Commissioner Wilson commented that a newspaper article said there was going to be a water park at this
location, but the Town had to come up with a plan for the grant application. Commissioner Wilson advised
Ms. Graham that Amy Adams and the Parks Board came up with a plan together for the application.
Mike King, 1401 Oak Street asked if the Town has money set aside for grants in the budget? Town Manager
Hoskovec advised that we do and we are within our budget.
Commissioner Wilson verified with Town Manager Hoskovec that there will be no requirement for engineering
and technical support for this grant as this step has already been done.
Commissioner Price commented that this grant is to update the existing Ocean Park and this grant has nothing
to do with the property known as Boomerang Restaurant. Town Manager Hoskovec agreed with Commissioner
Price’s comment.
Commissioner Walters commented that Amy Adams does an excellent job preparing our grants, but one of the
things when we hired our Town Manager was, that he was familiar with the grant process. Commissioner Walters
stated that he would like to see the Town Manager apply for these grants as grant writing is in his job description.
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER PRICE TO APPROVE THE ESTIMATE OF
SERVICES FROM CAPE CANAVERAL SCIENTIFIC TO PREPARE A FLORIDA RECREATION DEVELOPMENT
ASSISTANCE PROGRAM GRANT APPLICATION FOR OCEAN PARK RENOVATIONS IN THE AMOUNT OF $3,710.
AFTER FURTHER DISCUSSION,
VOTE: ALL AYES. MOTION CARRIED.
Vice Mayor Smith commented that Commissioner Walters is correct; but, five (5) years’ ago, the Town was
applying for maybe one (1) or two (2) grants per year and applying for the grant is one thing, but the followup
of a grant is another thing, but for now, it does not hurt to have Amy Adams as a grant consultant.
Mayor Crispen stated that the Town can regulate how much is spent on grant writing in the budget and
stated that there is no matching funds for this grant and asked Town Manager Hoskovec how much the
Town is asking for? Town Manager Hoskovec stated that he does not have the final total because Amy
Adams has not put together the final packet yet. Mayor Crispen asked where the Parks Board is regarding
recommendations on the plans? Town Manager Hoskovec stated that the Parks Board has made
recommendations to Amy Adams regarding a bath house, bar-b-que grills, picnic areas, renovating the land,
and improving the volleyball court area. Mayor Crispen stated that the Town Commission should be reviewing
cost estimates for the project. Town Manager Hoskovec stated that the Town Commission will approve the
grant application and the plan. Mayor Crispen asked that the Parks Board have their final recommendations
regarding this grant at the regular Town Commission meeting in August.
B. APPROVAL OF FISCAL YEAR 2003/2004 BUDGET ADOPTION SCHEDULE.
Town Clerk Masny stated that the proposed budget adoption schedule has been reviewed with the TRIM
Compliance manual and the proposed schedule is in compliance. Mayor Crispen advised that he has a conflict
with the September regular meeting as he will be out of Town and requested this be changed to September 24th.
After a discussion regarding the proposed budget adoption dates, the Town Commission scheduled the September
regular meeting and final budget public hearing for Monday, September 22, 2003 and the budget workshop scheduled
for August 12th be changed to August 7th.
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER WILSON TO TENTATIVELY APPROVE THE AMENDED
FISCAL YEAR 2003/2004 BUDGET ADOPTION SCHEDULE.
VOTE: ALL AYES. MOTION CARRIED.
X. REPORTS:
A. TOWN ATTORNEY
There was no report from the Town Attorney.
B. TOWN MANAGER
Town Manager Hoskovec stated that Commissioner Walters had requested that the Town look at refinancing the
municipal bond for the library and municipal complex and asked the Finance Manager to report on this. Lori
Matthews, Finance Manager reported that she researched with the Florida Municipal Loan Council the feasibility
of reissuing our bonds and received notification that the bonds are not callable until November 1, 2009 and the
only recall bonds we have would be bonds issued from 2011 and 2014. Ms. Matthews advised that this means,
we can only recall $200,000 worth of our bonds in 2009. Ms. Matthews stated that she did an analysis of the
library bond refinance and it is not feasible unless we receive a guaranteed interest rate up front.
Town Manager Hoskovec stated that the Town Commission asked him to talk with the risk manager who is
connected with Florida League of Cities. Town Manager Hoskovec reported that the risk manager made his
visit to Town Hall while he was on vacation and met with the Town Clerk and has made recommendations.
Town Manager Hoskovec reviewed the recommendations and advised that a copy of these will be made
available to the Town Commission.
Town Manager Hoskovec reported that he had breakfast with the members of the Melbourne Beach Rotary Club a
nd they gave a check to the Town in the amount of $1,500 to help cover the cost of the bocci covers. Town
Manager Hoskovec reported that the Rotary Club wants the Town to put a plaque up for them for this donation.
Town Manager Hoskovec reported that the Town received an award for the pier renovations from the Brevard
County Historical group.
Town Manager Hoskovec reported that regarding the one-cent sales tax issue, the Town has received the final
county version of this today and he will attend the County Commission meeting on July 22nd, if the Town
Commission desires.
Town Manager Hoskovec reported that the Water Board is concerned about an ordinance resurfacing because
there is a group from out of the area looking to drill wells north of Titusville and ship the water to another area.
Town Manager Hoskovec reported that the Water Board voted on the issue and the City of Cocoa and Rockledge
are opposed to the Water Board recommendation. Town Attorney Gougelman advised that the City of Palm Bay
may file a law suit against the county if it is adopted and the City of Melbourne has no objection to the ordinance.
Town Manager Hoskovec requested that Police Chief Loizzo give a report. Chief Loizzo reported that the
residential burglaries are down, there are more citizen assists, there are a high number of traffic arrests, the
DUI and felony arrests are up as we keep having more arrests, it requires more personnel time which needs
to be looked at in the future. Chief Loizzo reported that the fireworks complaints came in after the July 4th
and the department will put out a notice that the Town will take a harder stance on this issue and advised
that the county is looking into posing a ban, county wide. Chief Loizzo reported that, he and his wife have
been living separately and this has caused a personal hardship and that he has talked to the Town Manager
and advised that he will be resigning from the department probably effective the end of next month or the
beginning of the following month, whatever time frame it takes for a new chief to come in and take over.
Chief Loizzo stated that the Town Manager has the preliminary wording and an announcement and that
he has been in touch with Sheriff Williams who will chair the department committee and set up the rest
of the details. Chief Loizzo stated that he will not be involved in the selection, but will stay on as long as
it takes to get someone in to replace him. Chief Loizzo stated that he met with the Police Officers and
assured them of a smooth transition
C. TOWN COMMISSIONERS
Commissioner Wilson stated that there is a contract for the Pelican and Anchor Key project to have stormwater
sampling and asked if the Town has received any report on this yet? Town Manager Hoskovec reported that ECT
has done one sampling, but the Town has not received a report as of yet. Commissioner Wilson reported that
Chuck Jones from the county advised that they are scheduled to maintain the baffle boxes two (2) times per year
and he personally checks these reports. Commissioner Wilson requested copies of these reports.
Vice Mayor Smith stated that in workshop sessions, the Town Commission has discussed policies, and asked that
the hiring policy come before the Town Commission at the August regular meeting for review of the changes and
that the compensatory time policy be reviewed in the near future. Town Manager Hoskovec stated that the hiring
policy is in the hands of the Labor Law Attorney, Andy Hament and he has not given all the paperwork back yet.
Vice Mayor Smith requested that this come back to the Town Commission in August.
Commissioner Walters reported that last time, it was 18 months before the Town hired a Police Chief, and during
that time, the burglary rate tripled, mileage went down 25%, we lost seven (7) of our ten (10) officers and over
100 years’ of police experience, but 55 years of Melbourne Beach experience. Commissioner Walters stated
that we hired a Police Chief and now after six (6) months, he is leaving. Commissioner Walters stated that
we are down $100,000 in revenue and cannot afford to wait another six (6) months to hire a new Police Chief.
Commissioner Walters stated that last time there were five (5) and the Town Manager said they were all
extremely well qualified. Commissioner Walters stated that he would like to recommend that the Town
Commission direct the Town Manager to go back to the applicants to give them another opportunity.
Commissioner Walters reported that the Town Commission was to have a workshop on the compensatory time
policy as he believes there is a problem with it. Commissioner Walters reported that in 1991 the Town Attorney
drafted a release of liability policy and asked if all our police volunteers have signed a release of liability?
Commissioner Walters stated that it is important that these be signed due to the risk of massive liability.
Commissioner Walters reviewed the figures on the municipal complex and pointed out that the figures are
incorrect as the payments were not backed out and reviewed the figures with the Town Manager.
Commissioner Walters reported that he has suggested a maintenance schedule be put together on new projects
to be assured they look good in the future. Commissioner Walters reported about code enforcement problems
regarding overgrown lots in Town, trash on a lot on Atlantic Street,
David Campbell’s complaint on First Avenue regarding construction equipment on a vacant lot on First Avenue,
and that two (2) of his neighbors requested a clog be removed from a drain on Sixth Avenue with no action taken.
Commissioner Walters stated that the Town put $50,000 into the Ryckman House, and the walls are falling apart,
there is no paint on building and no paint on the park benches.
Commissioner Walters requested that the building codes and fees need to be updated as the existing codes we
use are from the 1970's. Commissioner Walters requested the final health insurance rate figure be supplied to
the Town Commission. Commissioner Walters stated that the Town employees retirement plan needs to be
looked into as discussed three (3) year’s ago and asked the Town Manager to go to other municipalities and
see what their plans are and bring them back to Town Commission, get a hold of the provider and obtain a
copy of the plan, and bring it back to the Town Commission for review.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER WILSON TO DIRECT THE TOWN MANAGER TO
CONTACT THE RECIPIENT OF PUBLIC FUNDS FROM THE TOWN OF MELBOURNE BEACH AS IT RELATES TO
THE GENERAL EMPLOYEE’S PENSION PLAN AND CONTACT OTHER MUNICIPALITIES OF THE SAME SIZE TO
DETERMINE WHAT THEIR PENSION PLANS ARE, HOW THEY ARE DESIGNED AND OPERATED, WHAT THEIR
INVESTMENT PHILOSOPHY IS AND HOW THEY RUN THEIR PLANS AND COME BACK TO THE TOWN
COMMISSION FOR ACTION. AFTER DISCUSSION, THE TOWN COMMISSION VOTED UNANIMOUSLY TO
WITHDRAW THE MOTION.
After further discussion regarding the pension plan, Town Attorney Gougelman advised that a copy of the
general employee’s pension plan was obtained from the provider and that he is currently reviewing it. Town
Attorney Gougelman advised that the Town obtain an attorney who specializes in pension plans to review
the plan and that a pension board be organized to perform a continued review the pension plan, but to begin
with the Town Commission needs to review the existing plan and see if it is suitable for the employees.
Commissioner Walters advised that the Town Auditors have included in their audit comments that the Town
create a pension board for the general employee’s retirement plan. Town Manager Hoskovec confirmed that
this is correct and now that the Town has a copy of the plan, we can address it.
Commissioner Walters suggested that the Town notify other municipalities of our stand regarding the jet aircraft
at Melbourne Airport. Commissioner Walters congratulated Scott Ferguson for his 12 year anniversary of being
accepted to the Police Academy.
Commissioner Price commented that the Fourth of July holiday went well and commended the police and fire
departments for the cook out and events held in Ryckman Park. Commissioner Price reported that there
are a lot of codes that need to be revisited to manage the change that is being brought to the Town.
Mayor Crispen reported that at the July Space Coast League of Cities monthly board meeting, Scott Dudley,
the Florida League of Cities lobbyist, gave an overview of the accomplishments of the legislative session and
Rob Varley of the Tourist Development Council spoke about the Council and reported that the bulk of the funds
for the beach renourishment project came through the TDC. Mayor Crispen reported that it is important that
the Town rebuild the dunes and discussed sand fences and that these need to be planned for in the next budget.
Town Manager Hoskovec reported that it will cost about $8-$10,000 to do a two (2) mile stretch of sand fencing
in Town and that the Public Works staff can do the construction and the Environmental Advisory Board can help
with the implementation of the project with Town staff. Town Manager Hoskovec reported that this can be
accomplished in four (4) to five (5) weekends. Town Manager Hoskovec reported that the Town can possibly
get funding from the county to help with some of the project.
Mayor Crispen reported that the Intergovernmental Committee of the Space Coast League of Cities has been
working on prioritizing a list of issues for the municipalities to take to the County Commission to work out
differences. Mayor Crispen reported that there are three (3) items on this list: support the infrastructure surtax
referendum; water issues, water control district and water supply; and annexation issues to remove enclaves.
Mayor Crispen reported that he will meet with the Town Clerk regarding the orientation meeting to be scheduled
for November. Mayor Crispen asked Town Manager Hoskovec if the Public Works Department facilities checklist
has been implemented? Town Manager Hoskovec reported that it has and staff is using it. Mayor Crispen
reported that the fire department has put out a pamphlet indicating that the Town has put $20,000 away for
5 years for a fire pumper and commented that it is his recollection that it has been $20,000 for 3 years and
we have $60,000 in that account. Town Manager Hoskovec stated that this is his understanding from last
year’s budget hearings and that is what the records show. Vice Mayor Smith commented that it has been
four (4) years and $10,000 of those funds were moved by a previous Town Manager and were supposed to
be put back.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER PRICE TO EXTEND THE MEETING UNTIL 10:18 P.M.
VOTE: ALL AYES. MOTION CARRIED.
Susan Stark, President, Melbourne Beach Volunteer Fire Department, Inc. reported that she made an error on the
pamphlet when she put $100,000, but she looked back in her records and it has been four (4) years. Finance
Manager Matthews reported that the financial records show $60,000. Ms. Stark advised that the $10,000 mentioned
by Vice Mayor Smith that the former Town Manager used to fund the cost-share for the siren system, and that she
was directed to put this money back into the account. Town Manager Hoskovec reported that the Finance
Department will research this and give report during the budget workshop. Mayor Crispen asked when the
grant funds will be received for the Ocean Avenue Beautification project? Town Manager Hoskovec reported
that the funds are slated to be received in 2005 and the Florida Department of Transportation is supportive
of the project and they are forwarding it to the appropriate authorities. Mayor Crispen asked that the Town
Manager obtain a written report from the risk manager regarding his suggestions for the pier.
D. GENERAL COMMISSION DISCUSSION (TIME PERMITTING)
Mayor Crispen commented that regarding the presentations tonight requesting a change in zoning, the Town
Commission had to tell these residents that they need to get the requests to another board or department prior
to bringing the request to the Town Commission. Mayor Crispen requested that the Town consider giving better
guidance as to the steps required to help save everyone’s time. Commissioner Price suggested the use of a
flow chart for this type of direction. Sergeant Siniscal asked how the Town will proceed in hiring a new Police
Chief? Sergeant Siniscal was advised that the Town will follow the existing policy.
XI. ADJOURNMENT
COMMISSIONER PRICE MOVED, SECOND VICE MAYOR SMITH TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The regular meeting of the Town Commissioner of the Town of Melbourne Beach, Florida adjourned at 10:27 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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