TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - REGULAR MEETING
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WEDNESDAY
July 17, 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 7:00 p.m. on Wednesday, July 17, 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
Six members of the public
Town Clerk Masny
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I. CHANGES TO THE AGENDA
Town Manager Hoskovec requested that agenda item III., the approval of minutes be moved to the end of the agenda.
There were no objections from the Town Commission regarding the agenda change
II. NON-SCHEDULED CITIZEN COMMENTS (3-MINUTE LIMIT, PLEASE)
Jason Steele, 701 Pine Street commented that he is concerned over the removal of the STOP signs at the east
end of Ocean Avenue and suggested that the Town consider vacating the land east of the turn and move the park
area further south, thus relieving accidents at this area. Commissioner Guglietta commented that he has ideas
regarding this intersection and park area and will present it to the Town Commission at a future date. Mayor Wille
reported that Brad Smith and Associates presented a conceptual plan for this area of Ocean Avenue and the plan
could possibly assist Commissioner Guglietta. Mayor Wille stated that the turn-around area is very popular with the
residents and removing that area may generate some concern. Town Manager Hoskovec stated that he is working
with the Florida Department of Transportation on this and they would like to give the new intersections some time
before they make any additional changes to traffic flow
IV. REPORTS BY ANY TOWN BOARD SUBMITTING A REPORT
There were no Town Board reports.
V. OLD BUSINESS
DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF FINAL PLAN FOR THE MELBOURNE
BEACH MUNICIPAL PIER RESTORATION PROJECT. (GAIL JONES, OUTLAW & JONES)
Town Manager Hoskovec reported that at the last meeting, the Town Commission had directed Outlaw and Jones
to come up with final plans and options to review for approval. Gail Jones of Outlaw and Jones reported that the
big item the Town Commission needs to look at are the cost estimates and advised that the Town Commission
may want to review these plans at a workshop next week if possible. Mayor Wille stated that the Town has a
budget workshop scheduled for next Thursday, July 25th and asked if the Town Commission would like to hold a
special meeting prior to the budget workshop. Town Manager Hoskovec asked that the interlocal agreement
for the LAP be added to the agenda for approval also.
IT IS THE CONSENSUS OF THE TOWN COMMISSION TO HOLD A SPECIAL MEETING ON THURSDAY,
JULY 25, 2002 AT 6:00 P.M. TO REVIEW THE PLANS FOR THE MUNICIPAL PIER RESTORATION PROJECT
AND TO REVIEW THE LAP INTERLOCAL AGREEMENT.
VI. NEW BUSINESS
A. TOWN BOARD RESIGNATIONS AND TOWN BOARD APPOINTMENTS
Town Clerk Masny stated that the Town Commission received a letter from Bradley Stalpes who is resigning from
the Planning and Zoning Board and the Town Commission will need to accept his resignation.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER WALTERS TO ACCEPT BRADLEY
STALPES RESIGNATION FROM THE PLANNING AND ZONING BOARD.
VOTE: ALL AYES. MOTION CARRIED.
Town Clerk Masny stated that the Town received an application from Collin Campbell requesting to be appointed to
the Planning and Zoning Board and with the resignation of Bradley Stalpes there are openings in the Alternate
Member #1 and #2 positions on this Board.
Mr. Campbell came forward and introduced himself to the Town Commission.
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER GUGLIETTA TO APPOINT COLLIN CAMPBELL
TO THE PLANNING AND ZONING BOARD IN THE ALTERNATE #1 WITH A TERM JULY 17, 2002 THROUGH
MAY 17, 2003.
VOTE: ALL AYES. MOTION CARRIED.
Town Clerk Masny stated that the Town received an application from Joy Campbell requesting appointment to
the Parks Board and Environmental Advisory Board and for the future Historic Board. There is an opening on
the Parks Board and the Environmental Advisory Board and Ms. Campbell has requested to be appointed to
both boards if the Town Commission wishes. Town Clerk Masny reported that there is an opening on the Parks
Board in the Alternate #2 position and both alternate positions are open on the Environmental Advisory Board.
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER CRISPEN TO APPOINT JOY CAMPBELL TO THE
ALTERNATE #1 POSITION ON THE ENVIRONMENTAL ADVISORY BOARD WITH A TERM JULY 17, 2002
THROUGH JULY 17, 2004 AND APPOINT JOY CAMPBELL TO THE ALTERNATE #2 POSITION ON THE PARKS
BOARD WITH A TERM JULY 17, 2002 THROUGH JULY 17, 2004.
VOTE: ALL AYES. MOTION CARRIED
B. PUBLIC HEARING - RESOLUTION NO. 708
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, AMENDING
PARAGRAPH (B) OF SECTION 7, RESOLUTION NO. 702, WHICH ESTABLISHED MEETING RULES
AND PROCEDURES FOR THE TOWN COMMISSION; PROVIDING AN INTERPRETATION CLAUSE;
PROVIDING AN EFFECTIVE DATE. (COMMISSIONER GUGLIETTA)
Town Attorney Gougelman read Resolution No. 708 by Title. Commissioner Guglietta stated that when he attended
a seminar recently, it was discussed that other communities have similar resolutions and after his discussions he
learned that it is important any citizen, resident or not be able to speak to the Town Commission on any subject
that comes before the Town Commission. Commissioner Guglietta stated that he believes it is a violation of the
First Amendment of the Constitution if we do not allow any citizen to speak at Town Commission meetings.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER WALTERS, TO APPROVE RESOLUTION
NO. 708 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, AMENDING
PARAGRAPH (B) OF SECTION 7, RESOLUTION NO. 702, WHICH ESTABLISHED MEETING RULES AND
PROCEDURES FOR THE TOWN COMMISSION; PROVIDING AN INTERPRETATION CLAUSE; PROVIDING
AN EFFECTIVE DATE BY DELETING THE FIRST SENTENCE, "ONLY TOWN RESIDENTS, TOWN PROPERTY
OWNERS OR GUESTS INVITED BY THE TOWN COMMISSION OR THE TOWN MANAGER MAY ADDRESS
THE COMMISSION ON ANY GIVEN ITEM" AND CHANGING THIS SENTENCE TO READ, "ANY PERSON MAY
BE ALLOWED TO ADDRESS THE COMMISSION WHICH MAY INCLUDE RESIDENTS AND NON-RESIDENTS,
PROPERTY OWNERS OR GUESTS INVITED BY THE COMMISSION OR THE TOWN MANAGER MAY ADDRESS
THE COMMISSION ON ANY GIVEN ITEM".
VOTE: ALL AYES. MOTION CARRIED.
Commissioner Walters stated that it is rare that one wants to address the Town Commission and they should
be given the chance to let the Town Commission hear what they would like to say. Commissioner Walters stated
that he agrees with Commissioner Guglietta and advised that the City of Palm Bay was sued for not allowing
non-residents to speak at a meeting.
Commissioner Crispen asked Town Attorney Gougelman if this is a violation of the First Amendment? Attorney
Gougelman stated that he had advised that this section regarding only residents speaking at meetings should
not be included when the resolution was first considered for adoption. Town Attorney Gougelman stated that
he is not sure that it violates the First Amendment, but does feel it violates the due process laws. Article I,
Section 24, could also be violated as it relates to open access to public meetings. Town Attorney Gougelman
suggested one small change to Commissioner Guglietta motion and that is to delete the words “may address
the Commission on any given item”. Town Attorney Gougelman stated that this wording is surplus and almost
confuses the issue because you are saying that you are going to open the agenda up and residents and non-residents
can address you, but, you don't want them addressing you on any given item because it could happen that you
are discussing something like a zoning issue and someone could request to lecture you on how outrageous water
rates are in Brevard County and they may say they can address you on any given item.
Commissioner Guglietta stated that he was only concerned about omitting people from being allowed to speak
because he wants to allow any citizen to address the Commission and he agrees with the Town Attorney to
delete, "may address the Commission on any given item."
Mayor Wille opened the public hearing to comments from the public.
Val Steele, 701 Pine Street suggested that the Town Commission change the resolution to read,
"non-residents can speak on any agenda item" and "Employees can speak if they do not have a
conflict of interest".
Sherri Quarrie, 701 Pine Street stated that she would like to be prioritized as a Melbourne Beach citizen and be
able to be heard first.
Susan Stark, 305 First Avenue, stated that she is concerned with the Town Attorney deleting,
“may address the Commission on any given item" and suggested that "during non-scheduled citizen comments
and during public comment sections portions of agenda items" because you have a 3-minute limit policy already,
unless you have a consensus to extend it. Ms. Stark stated that she agrees about the employee's speaking
should be dealt with by a policy.
Mayor Wille stated that his ability as a United States Citizen to address the United States Congress, the Florida
Legislature, restricts the public debate and asked Mr. Steele how the Legislature addresses this? Mr. Steele
stated that the Legislature has rules and regulations which allows non-citizens to speak under agenda items only.
Mayor Wille asked how the resolution addresses the Town Commission controls on debates and it was noted that
this is discussed in Resolution No. 702, Section 7. Mayor Wille asked the Town Attorney and Town Manager to
keep some of the comments on this subject in mind that may need to be addressed in the future.
Mayor Wille asked Commissioner Guglietta and Commissioner Walters if they agree with the change to the motion
as submitted by Town Attorney Gougelman, which is to delete the words, “may address the Commission on any
given item” at the end of the motion. Both Commissioner Guglietta and Commissioner Walters agreed.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER WALTERS, TO APPROVE RESOLUTION
NO. 708 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA,
AMENDING PARAGRAPH (B) OF SECTION 7, RESOLUTION NO. 702, WHICH ESTABLISHED MEETING
RULES AND PROCEDURES FOR THE TOWN COMMISSION; PROVIDING AN INTERPRETATION CLAUSE;
PROVIDING AN EFFECTIVE DATE BY DELETING THE FIRST SENTENCE, "ONLY TOWN RESIDENTS,
TOWN PROPERTY OWNERS OR GUESTS INVITED BY THE TOWN COMMISSION OR THE TOWN
MANAGER MAY ADDRESS THE COMMISSION ON ANY GIVEN ITEM" AND CHANGING THIS SENTENCE
TO READ, "ANY PERSON MAY BE ALLOWED TO ADDRESS THE COMMISSION WHICH MAY INCLUDE
RESIDENTS AND NON-RESIDENTS, PROPERTY OWNERS OR GUESTS INVITED BY THE COMMISSION
OR THE TOWN MANAGER."
VOTE: ALL AYES. MOTION CARRIED.
C. PUBLIC HEARING - RESOLUTION NO. 709
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, ESTABLISHING
A POLICY FOR THE USE AND RENTAL OF THE MELBOURNE BEACH COMMUNITY CENTER AND PAVILION
IN RYCKMAN PARK; SETTING FEES AND DEPOSITS; PROVIDING FOR WAIVER OF SAID FEES AND
DEPOSITS; PROVIDING FOR CERTAIN PROCEDURES FOR USE AND RENTAL OF THE FACILITIES;
PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT RESOLUTIONS; PROVIDING AN
EFFECTIVE DATE.
Town Attorney Gougelman read Resolution 709 by title. Town Manager Hoskovec stated that this resolution has
been updated as discussed at the June 19, 2002 regular meeting to reflect current facilities and implement policies
and guidelines for use of facilities.
Mayor Wille opened the public hearing to comments from the public. Collin Campbell, 514 Avenue A stated that
the resolution says that some groups may be exempt from damage deposit and asked what happens if they
damage the facility? Town Manager Hoskovec explained that long-term groups do not pay fee, but still pay a
yearly damage deposit and if there are additional repairs, they will be responsible. Susan Stark, 305 Fifth Avenue
asked that the Town Commission add the Volunteer Fire Department, Inc. those exempt from paying fees for use
of the facilities.
After a discussion, the Town Commission decided that it would be appropriate for the Town Manager to set policy
regarding how many times per day the facilities should be utilized.
COMMISSIONER CRISPEN MOVED, SECOND VICE MAYOR SMITH TO ADOPT RESOLUTION NO. 709,
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, ESTABLISHING
A POLICY FOR THE USE AND RENTAL OF THE MELBOURNE BEACH COMMUNITY CENTER AND
PAVILION IN RYCKMAN PARK; SETTING FEES AND DEPOSITS; PROVIDING FOR WAIVER OF SAID
FEES AND DEPOSITS; PROVIDING FOR CERTAIN PROCEDURES FOR USE AND RENTAL OF THE
FACILITIES; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT RESOLUTIONS; PROVIDING
AN EFFECTIVE DATE TO INCLUDE THE MELBOURNE BEACH VOLUNTEER FIRE DEPARTMENT, INC.
IN SECTION 6. OF THE RESOLUTION
VOTE: ALL AYES. MOTION CARRIED.
D. DISCUSSION AND POSSIBLE ACTION REGARDING FLORIDA LEAGUE OF CITIES REQUEST TO
BE INCLUDED IN LITIGATION WITH THE FLORIDA LEAGUE OF CITIES REGARDING SB108
(COMMISSIONER GUGLIETTA)
Commissioner Guglietta stated that he received a letter regarding a challenge to the Police Officers’ Presumption,
which is SB108. Commissioner Guglietta stated that this will be funded by Florida municipal and county governments
and covers life styles and not just line-of-duty injuries. Commissioner Guglietta stated that the Police Officers have
no annual physical examination requirements at the present time and this may be a future liability for our residents.
Commissioner Guglietta stated that there will be no cost to Town to go into litigation with the League of Cities
regarding SB108.
Commissioner Walters asked if the Town should be involved in a lawsuit to challenge this bill, which gives Police
Officers the presumption in the event of heart/lung disease that it is job related. Commissioner Walters stated
that as a former Police Officer, he is for the bill. Commissioner Walters stated that the issue is, do we want to
be a part of this lawsuit? Commissioner Walters stated that he does not want to be a part of it.
Commissioner Crispen stated that he agrees that we should not be one of the lead municipalities in this lawsuit.
Commissioner Crispen asked Town Attorney Gougelman what does it mean to be a plaintiff in this and what will
it cost the Town?
Town Attorney Gougelman stated that before you make a decision on this, there are two (2 ) steps: Does this
Town want to be one of the municipalities out there with its name on this? and, Whether or not the law is proper?
If so, why would you file a lawsuit?
Mayor Wille asked Town Attorney what other cities have done to address this? Town Attorney Gougelman stated
that Indialantic has taken no action at all and Melbourne has decided to go forward and add its name as a plaintiff.
Town Attorney Gougelman advised that in a workers' compensation case, the law requires you to show that there
is a connection whereby your job caused you to have the heart attack and how do you show that? Town Attorney
Gougelman stated that now the league is asking that the worker show the evidence. Town Attorney Gougelman
pointed out that this is an unfounded mandate and that Larry Schultz got up at a recent League of Cities meeting
and advised that the League will be raising Workers' Compensation rates by 50% because of this.
COMMISSIONER CRISPEN MOVED, SECOND COMMISSIONER WALTERS THAT THE TOWN DECLINE THE
OPPORTUNITY TO BE A PARTY TO THE LITIGATION AS REQUESTED BY THE FLORIDA LEAGUE OF CITIES,
INC.
VOTE: ALL AYES. MOTION CARRIED.
E. DISCUSSION AND POSSIBLE ACTION REGARDING POINT SCALE FOR TOWN MANAGER
EVALUATION FORM
Mayor Wille stated that he came up with this point scale and presented it to the Town Commission at the last
meeting because the scale had been discussed previously as needing a revision. Mayor Wille stated that he
took the number of questions and the total number of points and multiplied them, which would be a maximum
of 120 and came up with the point scale. Mayor Wille reviewed the point scale with the Town Commission
Commissioner Crispen commented that he believes that there is a flaw with the zero-rating as "unable to rate" as
it is included in the overall rating for the evaluation.
Vice Mayor Smith stated that the Town Commission had never used the zero rating before as there was never
an item on the evaluation such as "unable to rate" as evaluations were never done prior to the Town Manager
being on the job for at least 6 months. Vice Mayor Smith stated that the evaluation form may need to be reviewed.
Commissioner Guglietta stated that if he has not observed a particular item on the evaluation form, he believes
it takes away from the scoring process on the form and stated that the rating system needs to be reevaluated.
Commissioner Guglietta stated that he felt that the overall performance scores should also reflect the amount
of salary increase.
COMMISSIONER WALTERS MOVED, SECOND VICE MAYOR SMITH TO ADOPT THE NEW SCORING AS
PRESENTED BY THE MAYOR AND TASK THE MANAGER TO ADOPT THE SAME FORMULA FOR THE
EMPLOYEE EVALUATIONS.
Commissioner Crispen stated that he cannot vote for this motion if the zero scoring is left in as it is unfair.
After a discussion, Commissioner Walters withdrew his motion and Vice Mayor Smith withdrew her second
to the motion.
COMMISSIONER CRISPEN MOVED, SECOND COMMISSIONER WALTERS TO ADOPT THE NEW SCORING
AS PRESENTED BY THE MAYOR AND WHEN CALCULATING THE OVERALL PERFORMANCE, ADD ALL
NUMBERS AND DIVIDE BY ONLY THOSE LINE ITEMS THAT HAVE BEEN OBSERVED.
VOTE: ALL AYES. MOTION CARRIED.
Vice Mayor Smith clarified that the points will be given and the Commission will add up the questions that
points were awarded to and then divide by number of questions. Commissioner Crispen stated that you will
divide by the number of questions you observed, not the total number of questions on the form.
Susan Stark, 305 Fifth Avenue stated that she appreciates this issue being taken care of as the pervious scale
allowed a satisfactory rating when less than 50 percent of the points were awarded. Ms. Stark stated that for
future discussion, a current top rating is usually given as “overall effective”.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER GUGLIETTA THAT THE TOWN MANAGER
COME UP WITH A RATING SYSTEM TO INCLUDE ALL EMPLOYEES IN THE SAME RATING FORMULA.
VOTE: ALL AYES. MOTION CARRIED.
III. APPROVAL OF MINUTES: JANUARY 8, 2002 WORKSHOP
JANUARY 10, 2002 WORKSHOP
JANUARY 16, 2002 REGULAR MEETING
JANUARY 17, 2002 WORKSHOP
JANUARY 17, 2002 SPECIAL MEETING
JANUARY 21, 2002 WORKSHOP
JANUARY 21, 2002 SPECIAL MEETING
JANUARY 28, 2002 WORKSHOP
JANUARY 28, 2002 SPECIAL MEETING
FEBRUARY 6, 2002 WORKSHOP
FEBRUARY 13, 2002 WORKSHOP
FEBRUARY 19, 2002 WORKSHOP
FEBRUARY 20, 2002 REGULAR MEETING
FEBRUARY 21, 2002 WORKSHOP
FEBRUARY 21, 2002 SPECIAL MEETING
MARCH 6, 2002 SPECIAL MEETING
MARCH 20, 2002 REGULAR MEETING
APRIL 17, 2002 REGULAR MEETING
APRIL 30, 2002 WORKSHOP
MAY 8, 2002 SPECIAL MEETING
Mayor Wille asked that if any of the Commissioners have any spelling or grammar errors to bring them to the
Town Clerk’s attention for corrections and limit discussion to anything of substance.
Commissioner Guglietta asked Commissioner Walters regarding his discussion that on the first line in the last
paragraph on Page 9 of the January 16, 2002 regular meeting minutes, that it should read, "Commissioner
Walters stated that he did not think it would be appropriate". Commissioner Walters stated that this is correct.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER CRISPEN TO APPROVE THE MINUTES
OF JANUARY 8, 2002 WORKSHOP, JANUARY 10, 2002 WORKSHOP, JANUARY 16, 2002 REGULAR
MEETING, JANUARY 17, 2002 WORKSHOP, JANUARY 17, 2002 SPECIAL MEETING, JANUARY 21, 2002
WORKSHOP, JANUARY 21, 2002 SPECIAL MEETING, JANUARY 28, 2002 WORKSHOP, JANUARY 28, 2002
SPECIAL MEETING, FEBRUARY 6, 2002 WORKSHOP, FEBRUARY 13, 2002 WORKSHOP,
FEBRUARY 19, 2002 WORKSHOP, FEBRUARY 20, 2002 REGULAR MEETING, FEBRUARY 21, 2002
WORKSHOP, FEBRUARY 21, 2002 SPECIAL MEETING, MARCH 6, 2002 SPECIAL MEETING,
MARCH 20, 2002 REGULAR MEETING, APRIL 17, 2002 REGULAR MEETING, APRIL 30, 2002 WORKSHOP,
AND MAY 8, 2002 SPECIAL MEETING AS CORRECTED TO INSERT THE WORD "NOT" AFTER THE WORD
"DID" IN THE FIRST LINE OF THE LAST PARAGRAPH ON PAGE 9 OF THE JANUARY 16, 2002 REGULAR
MEETING MINUTES.
VOTE: COMMISSIONER GUGLIETTA, AYE. COMMISSIONER CRISPEN, AYE. VICE MAYOR SMITH, AYE.
MAYOR WILLE, AYE. COMMISSIONER WALTERS, NAY. MOTION CARRIED.
VII. REPORTS:
A. TOWN ATTORNEY
Town Attorney Gougelman reported that the written report regarding the Melbourne Beach Volunteer Fire Department,
Inc. and the Sunshine Law/public records is in the hands of the Town Manager.
Town Attorney Gougelman reported that he would like to bring the Town Commission up to speed on a proposed
ordinance to create a water and sewer district board to have jurisdiction over the entire unincorporated area,
excepting Barefoot Bay. Town Attorney Gougelman reported that the draft ordinance surfaced on July 2nd with
a copy sent to the City Managers. Town Attorney Gougelman reported that the ordinance is on a fast tract to
come before the County Commission next week. Town Attorney Gougelman reported that the ordinance is
creating water and sewer board and the members are County Commission who can operate, maintain, expand,
deflate and acquire water and sewer in the unincorporated area and nobody can operate a system in the
unincorporated area without permission of water and sewer board. Town Attorney Gougelman stated that
County Commissioner Higgs sent a memo on May 21, 2002 and said that many cities operate water or
sewer systems in the unincorporated area and that they were proposed to be grandfathered in, but no language
to this effect is in the ordinance. Town Attorney Gougelman stated that in effect, this would mean that every
municipal water or sewer system that is serving any part of the unincorporated area will become illegal.
Town Attorney Gougelman stated that the Space Coast League of Cities discussed this issue at the Board of
Directors meeting and they unanimously agreed to tell the County Commission to either abandon this effort or
slow it down and consider the concerns of the cities. Town Attorney Gougelman and the Town Commission
discussed the proposed water and sewer board.
Town Attorney stated that this item will be placed on the County Commission agenda for consideration on
Tuesday and encouraged the Town Commission to attend the meeting. Town Attorney Gougelman stated
that the Space Coast League of Cities is setting up a coordinating committee to include a member from
each municipality.
Commissioner Guglietta stated that the president of the Space Coast League of Cities sent a letter to the
County Commission requesting them to eliminate the idea of a water/sewer board.
COMMISSIONER CRISPEN MOVED, SECOND COMMISSIONER WALTERS TO APPOINT COMMISSIONER
GUGLIETTA TO REPRESENT THE TOWN ON THE TASK FORCE FOR THE SPACE COAST LEAGUE OF
CITIES TO REVIEW THE COUNTY WATER AND SEWER ISSUE.
VOTE: ALL AYES. MOTION CARRIED.
B. TOWN MANAGER
Town Manager Hoskovec reported that A1A project should be finished paving tonight and the light will be
activated Friday or Monday. Mayor Wille advised that the drainage low spots should be marked and discussed
with the contractor to see that they are corrected. Town Manager Hoskovec reported that with the Pine Street
project, the County inspector will be here tomorrow to discuss project concerns. Town Manager Hoskovec
reported that the Police and Fire Departments have done a remake of the emergency management pamphlet for
our residents and it will be delivered this weekend. Town Manager Hoskovec stated that the Police Department
is contacting medical needy residents for evacuation purposes. Town Manager Hoskovec reported that the
Melbourne Beach library will open in the middle of September with a grand opening the first part of October.
Town Manager Hoskovec reported that the Town received one (1) bid for the Pelican/Anchor Key drainage
project and it will be rebid within the month. Town Manager Hoskovec reported that he hopes to attend the
League of Cities conference next month along with Commissioner Guglietta and Commissioner Crispen.
C. TOWN COMMISSIONERS
Commissioner Walters questioned some items on the monthly financial report and Town Manager Hoskovec
reported that he has contacted FACS with a list of items to correct on the report. Commissioner Walters
expressed concern that the Town cannot rely on the figures shown on the monthly budget report. Commissioner
Walters asked Town Manager Hoskovec if he and Mr. Rood have made the changes to the architect's agreement
for the municipal complex. Town Manager Hoskovec reported that Mr. Rood has been on vacation and that he
will contact him concerning this. Commissioner Walters stated that Kate Wilborn had discussed a count down
signal at the traffic signal area and asked why we do not have that? Mayor Wille stated that the Florida Department
Department of Transportation indicated that they were considering this, but the signal will not go in with the traffic
signal installation, but will be installed at a later date. Mayor Wille stated that the Florida Department of
Transportation is exploring the possibilities as this signal is relatively new. Town Manager Hoskovec reported
that he has talked to the Florida Department of Transportation and has received the same information.
Commissioner Walters stated that the Town has until November 1, 2002 to use the bond money for the
municipal complex and asked if the Town ever received a waiver from this deadline? Town Manager Hoskovec
stated that he is in the process of writing a letter asking for an extension. Commissioner Walters stated to
Town Attorney Gougelman that the Mayor suggested that the Town Manager put a 10% increase in budget
for his salary when his contract allows a 3% increase and asked how the Town Commission should handle
this during the budget process? Town Attorney Gougelman advised that the Town Commission can make
an amendment to the agreement. Commissioner Walters stated that in the last 10 months, the burglary rate
in Town has nearly tripled, our serious criminal mischievous has tripled, our patrol mileage is down 37% and
fines are down 25% and asked how close the Town is to getting a new Police Chief. Town Manger Hoskovec
stated that the Police Department is down 40% in employees and that he is ranking the Police Chief
applications and will interview, and hopefully hire a new Police Chief within the next month. Commissioner
Walters complimented the City of Palm Bay for including its employees in selecting a new Town Manager and
reported that Palm Bay also passed a whistle blower act.
Commissioner Crispen asked if the clock on the new library will really be red and if so, can we do something
about it? The Town Commission indicated that they do not want to battle with the county over the clock issue.
Commissioner Crispen asked if the agreement with Frank Thomas is ready yet? Town Manager Hoskovec
stated that Mr. Thomas will be back in October and the agreement will be ready then. Commissioner Crispen
stated that the Town received a letter from the City of Palm Bay requesting support for the construction of a
beltway. It was discussed to put this on the agenda in August for discussion. Mayor Wille stated that there
are areas around storm drains where there needs to be improvements made and fixing these should be
addressed in a capital improvement budget.
Commissioner Guglietta stated that he will do his best to address the County Commission regarding the
water/sewer board and stated that he will be careful with the County because of the various interlocal
agreements and pedway project they have with the Town. Commissioner Guglietta commended Town
Manager Hoskovec on how he handled a situation regarding complaints from resident Mr. Goldman.
Mayor Wille reported that the pedway plan on Oak Street seems to be in conflict with a plan for Flutie Park
and suggested that the Town Manager monitor the park plan/pedway plan as parking is planned along the
right-of-way where the pedway is to be located. Mayor Wille reported that there is a movement toward an
historic district through the Local Planning Agency and advised the Town Commission of the idea as the
Town Commission did not direct this and asked that it be monitored.
Vice Mayor Smith stated that on Oak Street between Sixth Avenue and Surf Road on the east side there are
holes on the side of road and asked that the Town contact the County to fix them.
D. GENERAL COMMISSION DISCUSSION (TIME PERMITTING)
There was no general Commission discussion.
VIII. ADJOURNMENT
COMMISSIONER WALTERS 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 9:50 p.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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