TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - REGULAR MEETING
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WEDNESDAY
August 20, 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 7:03 p.m. on on Wednesday, August 20, 2003 in the Community Center.
Present:
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Mayor Crispen
Vice Mayor Smith
Commissioner Price
Commissioner Walters
Commissioner Wilson
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Others Present:
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Town Attorney Gougelman
Town Manager Hoskovec
Finance Manager Matthews
Seven (7) members of the public
Town Clerk Masny
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I. CHANGES TO THE AGENDA
Town Manager Hoskovec stated that Commissioner Wilson has requested that agenda items VIII. D. and VIII. E. be
pulled from the agenda. There were no objections to removing these items from the agenda.
II. PROCLAMATIONS AND AWARDS
A. PROCLAMATION CELEBRATING JULY 1, 2003 THROUGH JUNE 30, 2004 TO BE A “SEASON FOR
EVERYONE” IN HONOR OF THE 50TH ANNIVERSARY OF THE BREVARD SYMPHONY ORCHESTRA.
Mayor Crispen read a proclamation celebrating July 1, 2003 through June 30, 2004 to be a “Season for Everyone” in
honor of the 50th Anniversary of the Brevard Symphony Orchestra. Fran Delisle, Executive Director, Brevard Symphony
Orchestra was present to accept the proclamation.
B. VICE MAYOR SMITH TO AWARD A CERTIFICATE OF COMPLETION TO MAYOR CRISPEN FOR HIS
ATTENDANCE AT THE 2003 INSTITUTE FOR ELECTED MUNICIPAL OFFICIALS.
Vice Mayor Smith presented Mayor Crispen with a Certificate of Completion for his attendance at the 2003 Institute
for Elected Municipal Officials.
III. NON-SCHEDULED CITIZEN COMMENTS (3-MINUTE LIMIT, PLEASE)
Alice Graham, 305 Fifth Avenue commented that she got upset regarding a presentation at last month’s meeting
regarding the height restrictions in Melbourne Beach with a request to increase the height regulations and asked that
the Town not give exemptions to height limits.
Paul Guglietta, 318 Fourth Avenue, presented the Town Clerk with a copy of the Florida Elections Commission
agenda results from meetings held on May 21, 2003 and May 22, 2003. Mr. Guglietta commented that the Elections
Commission found Mayor Crispen on probable cause for nine (9) violations of the Florida Election Law. Mr. Guglietta
reviewed these violations and request that Mayor Crispen consider looking at this as there is a discussion of a recall
in Town and Mayor Crispen should stop the Town from going through this and consider resigning his position as Mayor.
IV. APPROVAL OF MINUTES: JULY 16, 2003 REGULAR MEETING,
JULY 29, 2003 SPECIAL MEETING,
JULY 31, 2003 WORKSHOP,
AUGUST 7, 2003 WORKSHOP
Vice Mayor Smith presented a list of amendments and advised that most of the corrections are typographical errors
or small changes on the July 16, 2003 regular meeting. Vice Mayor Smith stated that the Special Meeting of July 29,
2003 had other types of errors and advised that she would like to give a copy of these changes to the Town Clerk for
correction.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER PRICE TO APPROVE THE MINUTES OF JULY 15,
2003 REGULAR MEETING AND JULY 29, 2003 SPECIAL MEETING AS AMENDED AND APPROVE THE MINUTES
OF JULY 31, 2003 WORKSHOP AND AUGUST 7, 2003 WORKSHOP AS WRITTEN.
VOTE: ALL AYES. MOTION CARRIED.
V. REPORTS BY ANY TOWN BOARD OR COMMITTEE SUBMITTING A REPORT
There were no Town board reports.
VI. PUBLIC HEARING:
A. RESOLUTION NO. 719
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AMENDING
RESOLUTION NO. 692; AMENDING THE POLICY IMPLEMENTING THE WAGE AND SALARY PLAN FOR
THE POLICE DEPARTMENT EMPLOYEES AND AMENDING THE STEP SALARY PROGRAM FOR POLICE
DEPARTMENT EMPLOYEES; AND PROVIDING AN EFFECTIVE DATE.
Mayor Crispen read Resolution No.719 by title. Town Manager Hoskovec stated that discussions on these changes
were held during previous workshops and they are to change the senior sergeant position to the position of Lieutenant
and add a step plan for the school crossing guard. Town Manager Hoskovec stated that the date of the performance
appraisals have been changed from January 1st to September 15th was also discussed.
Mayor Crispen asked for public comment regarding Resolution No. 719. There were no comments from the public.
Commissioner Walters stated that this was discussed at length and that his concern is that the Town Commission
is committing itself to a 5% salary increase for employees. Commissioner Walters stated that he believes the
Commission should wait until after the budget is adopted.
Vice Mayor Smith stated that the reason we are doing this now is to change the Senior Sergeant position and to
change the date for the annual performance evaluations, and, if we wait until the final budget to change this policy,
the evaluation change will not be effective until next September.
Town Attorney Gougelman referred to Page 2 of the policy and stated that Commissioner Walters makes a good
point regarding the 5% salary increase being mandatory and recommended that the wording be changed to “up
to 5%” Mayor Crispen suggested that the next sentence be deleted, “Employees whose annual performance meets
the department standards will advance to the next step in the pay plan effective October 1".
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER WALTERS TO ADOPT RESOLUTION NO. 719, AS
AMENDED, A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AMENDING
RESOLUTION NO. 692; AMENDING THE POLICY IMPLEMENTING THE WAGE AND SALARY PLAN FOR THE
POLICE DEPARTMENT EMPLOYEES AND AMENDING THE STEP SALARY PROGRAM FOR POLICE DEPARTMENT
EMPLOYEES; AND PROVIDING AN EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED.
B. RESOLUTION NO. 720
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AMENDING
RESOLUTION NO. 691; AMENDING THE POLICY IMPLEMENTING THE WAGE AND SALARY PLAN FOR THE
POLICE DEPARTMENT EMPLOYEES AND AMENDING THE STEP SALARY PROGRAM FOR GENERAL TOWN
EMPLOYEES; AND PROVIDING AN EFFECTIVE DATE.
Town Attorney Gougelman read Resolution No.720 by title. Town Manager Hoskovec reviewed changes to the policy,
which include removing the Administrative Assistant/Secretary and replacing this position with the Deputy Town Clerk
position and changing the evaluation date from January 1st to September 15th.
Town Manager Hoskovec, the Town Commission and Town Attorney reviewed Page 2, Section B. of the policy under
Step Plan and after discussion, it was recommended by Town Attorney Gougelman to change the wording of Section B.
as follows: “At the beginning of each fiscal year thereafter, employees will be eligible for an increase of up to 5%. (for
an explanation of eligibility, see Performance Evaluation of this policy).”
Commissioner Price pointed out that if an employee does not receive the full 5% increase, the step program will not
be correct. Vice Mayor Smith suggested that because there are questions regarding the steps, the step plans should
show salary increase percentages of 1%, 1 and ½%, up to 5%. Town Manager Hoskovec suggested that the Town
Commission set the beginning and ending salary ranges rather than the steps. Vice Mayor Smith suggested that the
Town Commission adopt this amendment to get the performance evaluation date adopted and at the next budget
workshop look at step plan and incorporate any changes at the budget public hearing.
Mayor Crispen asked for public comment regarding Resolution No. 720.
Paul Guglietta, 318 Fourth Avenue, asked if the Town Commission retained the Finance Clerk position? Mr. Guglietta
was informed that it was the consensus of the majority of the Town Commission that the position be retained. Mr.
Guglietta commented that under a military step plan, all grades get the same rate of pay and the Town Commission
should consider how much it wants to increase the steps at each annual budget.
John Freese, 1950 Atlantic Street commented that he works for the City of Melbourne and suggested that the Town
look at their step plan wording.
Police Chief Loizzo asked that the Town Commission look long and hard at this as the Police Department is the
largest group of employees, and they do not have a union and it has been the past practice for them to get the 5%.
Chief Loizzo stated that the officers are near the bottom of the pay scale and the Town Commission will have a lot
of upset employees if you tinker with their step program. Chief Loizzo commented that the Officers are not asking
for a list of items in the budget, just 3% above their step program.
Martha Remark, 707 Atlantic Street commented that the Town Attorney had mentioned the wording of an increase
up to 5% and asked if there is a freeze in spending can you do this with a step plan and/or can you give just a 2%
or 3% increase? Town Attorney Gougelman stated that the changes being made are to facilitate the Town being
able to do what Ms. Remark is referring to.
Commissioner Walters commented that he does not necessarily agree with Chief Loizzo that the officers’ salaries
are low because he does not feel the survey to be valid. Commissioner Walters stated that in 2001, the Town
Commission set the 5% increases for the next 10 years and his concern is that we are talking a tax increase
and we have other unresolved issues such as the fire department is in need of a new fire truck. Commissioner
Walters commented that we want to be competitive, but, if the money is not there, we need to set priorities.
Vice Mayor Smith stated that when the step plan was adopted, it was not agreed that everyone would get a 5%
salary increase every year, it depended upon the performance evaluation. Vice Mayor Smith commented that we
need to look at this plan in a workshop, but, we also need to approve this resolution so that the managers can go
ahead and do the evaluations.
Commissioner Price stated that the Town Commission is trying to bring back to the elected officials the full authority
to control the spending for the Town. Commissioner Price commented that we restricted significant line-item changes
and now we are trying to bring the spending control to the Town Commission so that when we budget a certain
amount, the Town Manager is restricted to live within that budget.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON TO ADOPT RESOLUTION NO. 720 AND THE
POLICY AS AMENDED ON PAGE 2 UNDER “STEP PLAN” SECTION B. “AT THE BEGINNING OF EACH FISCAL
YEAR THEREAFTER, EMPLOYEES WILL BE ELIGIBLE FOR AN INCREASE OF UP TO 5% (FOR AN EXPLANATION
OF ELIGIBILITY, SEE PERFORMANCE EVALUATIONS OF THIS POLICY).”
VOTE: ALL AYES. MOTION CARRIED.
VII. OLD BUSINESS:
DISCUSSION AND POSSIBLE ACTION REGARDING APPOINTMENT OF ANN SZEMPLENSKI TO THE
CIVIL SERVICE BOARD
Town Clerk Masny stated that on May 15, 2002, there were two (2) applicants requesting to be appointed to
one (1) position on the Civil Service Board, Robert Miritello and Ann Szemplenski. Mr. Miritello was appointed
and there was a motion made that when there is an opening, Ann Szemplenski be appointed in the Alternate #2
position. Town Clerk Masny sated that Lisa Farrall was appointed to the Civil Service Board on June 25, 2003,
rather than Ann Szemplenski, and at the current time, there is an opening on the Civil Service Board in the
Alternate #2 position. Town Clerk Masny stated that the Town Commission has the option of appointing Ann
Szemplenski to the Alternate #2 position or reappoint Lisa Farrall to the Alternate #2 position and appoint
Ann Szemplenski to the Alternate #1 position.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WALTERS TO APPOINT ANN SZEMPLENSKI TO THE
CIVIL SERVICE BOARD IN THE ALTERNATE #2 POSITION WITH A TERM AUGUST 20, 2003 THROUGH MAY 15, 2006.
VOTE: ALL AYES. MOTION CARRIED.
VIII. NEW BUSINESS:
A. AWARD OF BID FOR MUNICIPAL COMPLEX SECURITY SYSTEM
Town Manager Hoskovec reported that this was put to bid last March and Superior Alarm Contractors, Inc. was
awarded the bid and advised that he was notified in July that Superior cannot meet the bid and the Town re-bid the
project with same specifications as bid in March. Town Manager Hoskovec reported that the bids were received
and only 1 (one) met the entire specifications of the bid process, that was Hunter Communications and only the
Hunter Communication bid and ADT bid dealt with annual maintenance, preventive maintenance and upkeep of
the system. Town Manager Hoskovec advised that staff is recommending that the Town Commission accept
the Hunter Communication bid at $36,632.52, with an annual monitoring and preventative maintenance contract
of $816. Town Manager Hoskovec reported that Hunter Communications can also meet the requirement of
having staff on scene within four (4) hours of any system problems and if the system fails and they cannot fix
it within eight (8) hours, they will maintain a person on duty at the site until they have it repaired.
Mayor Crispen opened the meeting for public comment.
Lisa Farrall, 413 Magnolia Avenue asked if the system has central monitoring? Town Manager Hoskovec responded
that they do and it is in Orlando.
Paul Guglietta, 318 Fourth Avenue requested a review of bids, Town Manager Hoskovec reviewed the bids received
from the lowest to the highest bid. Mr. Guglietta asked if Hunter Communications is related to the Fire Chief in any
way. Town Manager Hoskovec stated that Hunter Communications is owned and operated by Chief Hunter of the
Fire Department and advised that this was a sealed bid and Chief Hunter stayed away from bid process and had
a subsidiary group present the bid packet.
Mayor Crispen asked Town Attorney Gougelman if the Town has any conflict issues with Hunter Communication
regarding the bid? Town Attorney Gougelman stated that to the best of his memory, if you are using a sealed bid
process, you are in the clear, and, if there would be a conflict, it would be a problem for the person submitting the bid.
Robert Gauthier, 400 Sunset Boulevard, commented that the Fire Department is a volunteer organization and if the
Town prevents them from doing business, it should also prevent them from volunteering.
Mayor Crispen closed the meeting to public comment regarding this agenda item.
Commissioner Walters stated that Mr. Hunter is a volunteer, not a paid employee and he is certainly within his
rights to submit a sealed bid. Commissioner Walters asked what the system provides? Town Manager Hoskovec
responded that the system provides basic security for the new complex, the vast majority of the outside doors
entering into the building will have a card keyed system and will be recorded on the computer, there will be
seven (7) cameras mounted inside the building, the areas included will be the lobbies, cells, booking room and
interview room and will be monitored at clerk’s office in the Police Department. Town Manager Hoskovec advised
that there will be one (1) camera mounted outside the Police Department on the Public Works building to view
the outside area and it will also have a burglar alarm system and motion detectors.
Commissioner Price asked if it is the Town Manager’s recommendation that the Hunter Group be awarded the
contract? Town Manager Hoskovec advised that it is. Commissioner Price stated that several of the firms did
not respond completely to the bid specifications and asked how the specifications were written? Town Manager
Hoskovec responded that the bid specifications were written in-house with the help of an electronics engineer to
best meet the Town’s needs.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER PRICE TO AWARD THE BID FOR THE MUNICIPAL
COMPLEX SECURITY SYSTEM AWARD TO HUNTER COMMUNICATION, NOT TO EXCEED $36,632.52.
VOTE: ALL AYES. MOTION CARRIED.
B. DISCUSSION AND POSSIBLE ACTION REGARDING TOWN’S EMPLOYMENT APPLICATION FORMS
Town Manager Hoskovec stated that staff had been directed to review and implement a new employment application
packet for the Town to replace the outdated one. Town Manager Hoskovec advised that the Town’s Labor Law
Attorney has reviewed the packet and made his suggestions.
Commissioner Wilson stated that Page 2 of the application refers to a block #1 and advised that the application
needs to identify block #1. Commissioner Wilson pointed out that on Page 6, the word “offense” is misspelled.
Commissioner Price stated that the application is excellent and asked, at what point the applicant for a Police
Chief position becomes aware that he will be required to take a polygraph and physiological test? Town Manager
Hoskovec stated that there will be a special form for all police applicants to include these two (2) waiver forms.
Commissioner Walters stated that he also thinks the application is excellent and commented that when a police
officer or chief is offered a position, it is subject to a comprehensive background check, polygraph and physiological
examination and asked if that is what the waiver will be? Town Manager Hoskovec responded that this will also
include the drug screen. Commissioner Walters asked the Town Manager how he determines to give someone
Veteran’s preference? Town Manager Hoskovec stated that there are guidelines to determine this.
Mayor Crispen asked if it was the recommendation of the Labor Law Attorney to have both the citizenship section
and the I-9 form included? Town Manager Hoskovec replied that it was. Mayor Crispen commented that on Page 2,
in the section under college, university or professional school, we should asked for school name and dates attended only.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON TO APPROVE THE APPLICATION FOR
EMPLOYMENT AS AMENDED.
VOTE: ALL AYES. MOTION CARRIED.
C. DISCUSSION AND POSSIBLE ACTION REGARDING THE TYPES OF SIGNAGE FOR THE MUNICIPAL
COMPLEX.
Town Manager Hoskovec reported that there are many ways to let the public know what the buildings are and these
two sample sign types are presented to get the opinion as to what style of sign the Town Commission would like for
the new complex prior to the bid process. Town Manager Hoskovec stated that these signs are of a monument style
and are lighted from the inside and allow for three (3) lines of advertising to allow staff to notice meetings.
Mayor Crispen asked for public comment regarding the agenda item.
Mike King, 1402 Oak Street asked if the sign design flows with the plan for Town Center Codes? Town Manager
Hoskovec advised that it does.
Commissioner Price commented that the sign is a departure from the bulletin board and asked if this sign is to
replace the bulletin board? Town Manager Hoskovec stated that there will be a six (6) foot bulletin board on the
building outside the Town Hall entrance.
Commissioner Price asked if the architect has made a recommendation as to signage? Town Manager Hoskovec
stated that there was a recommendation that some type of monument sign be used and is low to the ground and
is in keeping with the building. Commissioner Price asked if the Town could put together a group of citizens to
make a recommendation to the Town Commission regarding the sign? Vice Mayor Smith suggested that the
Town Boards such as the Parks Board and Planning and Zoning Board give a recommendation on the sign.
Mayor Crispen suggested that the Town Commission table the item and have this put on an agenda of the Parks
Board and Planning and Zoning Board for their recommendation.
Mike King, 1402 Oak Street and a member of the Planning and Zoning Board suggested that the Town take this
item to the Parks Board and invite the Planning and Zoning Board members to attend.
Marty Remark, 707 Atlantic Street asked if the sign needs to be lighted as the drink machine in Ryckman Park
used to be lighted and the residents complained about it. Town Manager Hoskovec stated that the light could be
on a timer.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER WILSON TO TABLE AGENDA ITEM DISCUSSION
AND POSSIBLE ACTION REGARDING THE TYPES OF SIGNAGE FOR THE MUNICIPAL COMPLEX.
VOTE: ALL AYES. MOTION CARRIED.
D. DISCUSSION OF IMPLICATIONS TO THE TOWN ARISING FROM THE LETTER GIVEN BY POLICE
CHIEF A. LOIZZO OF HIS NOTIFICATION OF THIS INTENT TO RETIRE. (COMMISSIONER WILSON)
This item was removed from the agenda at the beginning of the meeting.
E. REVIEW OF DISCIPLINARY PROCEDURE AS IT APPLIES TO DEPARTMENT HEADS' BEHAVIOR AT
TOWN COMMISSION MEETINGS. (COMMISSIONER WILSON)
This item was removed from the agenda at the beginning of the meeting.
Mayor Crispen called for a break at 8:42 p.m. and called the meeting back to order at 8:50 p.m.
F. DISCUSSION AND POSSIBLE ACTION REGARDING ATTORNEY GENERAL’S OPINION REGARDING USE
OF CELL PHONES
Town Attorney Gougelman stated that a letter was presented to the Town Commission and forwarded to the Attorney
General’s Office for review and a formal opinion from the Attorney General’s Office regarding the use of cell phones
and the Town received an informal opinion from the Assistant Attorney General, who has been working for the Attorney
Genera’s office for 22 years. Town Attorney reviewed the request that the Town Commission had forwarded to the
Attorney General’s Office and advised that they have not issued an opinion and decided to throw it back to the Town
Commission for a decision.
Mayor Crispen opened the meeting to public comment regarding this agenda item.
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Paul Guglietta, 318 Fourth Avenue commented that there are abuses of telephones used for business and personal
use and that he is not against the Mayor or Town Manager having the use of a Town cell phone. Mr. Guglietta stated
that his concern would be the abuse of the business telephone used for personal calls.
Commissioner Walters stated that the Town spends $12,000 per year on nextel phones and of this, about $9,000 is
spent in the Police Department and that he is opposed to the Police Department having nextel radio phones as
their radios have numerous channels to contact each other on. Commissioner Walters stated that it is fine if the
Police Chief and Town Manager has a nextel phone, but, we are talking about tonight is allowing these for personal
use and that he is against this because the State Constitution is very clear about not using public funds for private
purposes. Commissioner Walters stated that the policy being recommended by the Town Manager will allow the
use of the extra minutes and how do you determine what part of the extra minutes are personal calls as you will
need to itemize the bills to figure out which calls are personal and which are not. Commissioner Walters stated
that the Town does not need to spend $12,000 per year on these nextel phones and that he is against this policy.
Mayor Crispen asked Town Manager Hoskovec to review his policy regarding the nextel phones. Town Manager
Hoskovec stated that the Town has been researching the utilization of nextel cell phones and most Police
Departments in the state are recommending these phones as a backup system because they provide 2-way
radio and a cell phone. Town Manager Hoskovec stated that after receiving the opinion from the Attorney General’s
office, he developed a policy to provide direction, discipline and guidance for staff and that he believes these nextel
phones to be a wonderful tool. Town Manager Hoskovec stated that the idea is not to use these for predominate
personal use, but to make life easier for officers and staff to check on a sick child or spouse and continue to
perform their job.
Commissioner Price asked if the use of the nextel phone originated in the Police Department? Chief Loizzo addressed
the issue and stated that the nextel phones were in the department prior to his arrival and that they were as a backup
to the radio system that and it is important to realize that the nextel are paid for out of the 800 MHZ contingency fund
and the Sheriff has agreed that these are a legitimate use of these funds. Commissioner Price asked Chief Loizzo
that if the department did not have nextel phones, would he recommend that the Town purchase them? Chief Loizzo
responded that he would and advised that he uses his nextel every day to contact either the Town Manger or another
member of the department. Commissioner Price verified that the funds come out of the 800 MHZ fund to pay for the
nextel telephones and that there is over $100,000 in this fund and the funds can only be spent on communications
for the Police Department.
Vice Mayor Smith stated that the nextel phones are a great advantage as a communication backup and there is no
cost for the radio use, it is unlimited. Vice Mayor Smith stated that she believes the employees should have these
phones, as long as the basic use is for business. Vice Mayor Smith asked if each employee will receive a copy of
their bill because the County employees have to highlight any personal calls and pay for these calls? Town Manager
Hoskovec advised that the Town could provide employees a copy of their bill and have them highlight their personal
calls and if they go over the assigned amount for the plan, those calls would be their responsibility. Chief Loizzo
stated that it is assumed that anything over the basic plan is personal use and they would have to pay this unless
they can demonstrate it was in fact business use.
Mayor Crispen stated that the Town Manager has suggested this policy be put in place for the use of Town issued
cellular phones and read from Page 2 of the policy, “Any usage over the allotted monthly service time will be presumed
due to personal calls and the cost for that time, as well as the cost of personal long distance charges must be
reimbursed to the Town. Employees will pay all charges for cell time exceeding the monthly plan at the time of
next billing. Should an occasion occur where the employee’s official business required the cellular phone to be
used in excess of the month’s plan, the employee may request an exemption from the Town Manager for that
month’s invoice.” Mayor Crispen stated that the presumption is, anything over and above the monthly plan is
personal. Mayor Crispen stated that this is the Town Manager’s recommendation for a guideline for the use of
cell phones by all Town employees. Mayor Crispen asked Town Manager Hoskovec to outline how he plans to
administer the use of the cell phones? Town Manager Hoskovec replied that when the nextel bill comes in, the
and Finance Department will alert him if an employee has gone over their allotted time and the department head
will be given a copy of the bill and the employee would fall into the discipline policy and the department head will
be responsible for tasking the employee to reimburse the Town.
Commissioner Wilson asked who will review the Town Manager’s phone? Town Manager Hoskovec stated that the
Town Commission can receive a copy of his bill.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON TO ADOPT THE POLICY AS OUTLINED BY
THE TOWN MANAGER FOR NEXTEL PHONES IN THE POSSESSION OF TOWN EMPLOYEES AS AMENDED
AFTER DISCUSSION, ON PAGE 3., REWORD THE PARAGRAPH UNDER “FAILURE TO RETURN CELLULAR
PHONE BILLS” TO “IT IS THE RESPONSIBILITY OF EACH DEPARTMENT HEAD TO ENSURE ALL THEIR
EMPLOYEES SIGN AND RETURN THEIR CELLULAR PHONE BILLS WITH PAYMENT FOR PERSONAL CALLS
WITHIN 10 DAYS OF EMPLOYEE’S RECEIPT OF BILLING NOTICE FOR PAYMENT OF PERSONAL CALLS OVER
THE MONTHLY PLAN, IF ANY.” AND ADD THE WORD “PAYMENT” AFTER THE WORDS “CELLULAR PHONE BILL”
IN SECTIONS A. B. AND C.
VOTE: COMMISSIONER WILSON, AYE. COMMISSIONER PRICE, AYE. VICE MAYOR SMITH, AYE. MAYOR
CRISPEN, AYE. COMMISSIONER WALTERS, NAY. MOTION CARRIED.
Commissioner Walters stated that when the phone bill come in each month, they will take them to the employees
and they will pay the fee, but Page 3 says, “It is the responsibility of each department head to ensure that all
employees sign and return their cellular phone bills with payment for personal calls within 10 day to the Finance
Department.” Commissioner Walters asked 10 days from what?
Town Attorney Gougelman stated that if the Town chooses to make the telephones available for employee use, it
needs to be a valid municipal use, and Vice Mayor Smith made the point that she wants the employees to have
the phones at all times, she wants them on so that they can be contacted at all times, whether that is a sufficient
valid municipal use is a decision of the Town Commission. Town Attorney Gougelman stated that Commissioner
Walters pointed out the position in the State Constitution about using public funds to directly benefit private people,
but as an incidental benefit, it can be done. Town Attorney Gougelman discussed Police Officers taking a police
car home to make them more visible to help deter crime, is that a valid municipal purpose to make them more
visible, some cities say it is.
Mayor Crispen requested to address the 10 days as discussed by Commissioner Walters. Town Manager
Hoskovec stated that it will be 10 days of employee’s receipt of billing notice. Mayor Crispen requested to add
the words, “for payment of personal calls over the monthly plan, if any” be inserted after this. Mayor Crispen
requested that a copy of current plans and what is paid now be attached to minutes. (See Attachments #1 and
#2) Town Attorney Gougelman recommended inserting the word “payment” after the words “cellular phone bill”
in sections A. B. and C. on Page 3.
G. DISCUSSION AND POSSIBLE ACTION REGARDING AMENDMENTS TO CHAPTER 8 OF THE TOWN’S
POLICIES AND ADMINISTRATIVE PROCEDURES MANUAL
Town Manager Hoskovec stated that this chapter has been amended to change the annual performance evaluation
dates as discussed in the workshop sessions and to formalize this in Chapter 8 of the policy manual.
Mayor Crispen asked for public comment regarding this agenda item. There were no comments from the public.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON TO ADOPT CHAPTER 8 OF THE TOWN’S
POLICIES AND ADMINISTRATIVE PROCEDURES MANUAL AS AMENDED.
VOTE: ALL AYES. MOTION CARRIED.
H. DISCUSSION AND POSSIBLE ACTION REGARDING AMENDMENTS TO CHAPTER 9 OF THE TOWN’S
POLICIES AND ADMINISTRATIVE PROCEDURES MANUAL
Town Manager Hoskovec stated that this amendment adds the Finance Manager position under the compensatory
time policy as discussed at the workshops.
Commissioner Walters stated that the Town Commission still needs to address the compensatory time policy for
management. Town Manager Hoskovec advised that until we discuss a policy change, this will incorporate the
Finance Manager into this as she is considered an exempt employee.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON, TO ADOPT CHAPTER 9 OF THE TOWN’S
POLICIES AND ADMINISTRATIVE PROCEDURES MANUAL AS AMENDED.
VOTE: ALL AYES. MOTION CARRIED.
IX. REPORTS:
A. TOWN ATTORNEY
There was no Town Attorney Report.
B. TOWN MANAGER
Town Manager Hoskovec reported that the Town Commission had discussed the overgrown lots in Town and that
staff has sent out letters to all of the property owners and many of the lots are being cleared now and others will
be addressed.
Finance Manager Matthews reported that the payrolls are now paralleled and if the checks are received the department
will cut the payroll next week and the department is now through the month of June on the accounts payables and
cash receipts and they are moving along but still have some journal entries to be made.
Police Chief Loizzo provided a monthly departmental update and advised that the department is down about 7% in
traffic citations written over last year, traffic arrests are up 106%, DUI arrests are up 145% felony arrests are up 200%,
misdemeanor arrests are up 70%, narcotic arrests are up 600%, and the department is doing 27% more house
checks than last year. Chief Loizzo stated the people want a safe environment and that he does not think the Police
Department should be out writing traffic tickets to generate revenue. Chief Loizzo reviewed a survey of the police
department from their last department meeting. Chief Loizzo reviewed a list of projects the Police Department has
been working on such as a new field training manual and other manuals. Chief Loizzo answered questions of the
Town Commission regarding his report.
COMMISSIONER WALTERS MOVED, SECOND VICE MAYOR SMITH TO EXTEND THE MEETING UNTIL 10:15 P.M.
OR UNTIL AFTER COMMISSION COMMENTS.
VOTE: ALL AYES. MOTION CARRIED.
Donnie Price, Parks Board Chairman discussed movies and music in the park and advised that the Board has
come up with a 6-month schedule for these activities. Chairman Price advised the Town Commission that the Parks
Board would like to add serving wine to the alcohol sales on Founders Day and would like the Town Commission
to consider this for next Founder’s Day. Chairman Price reported that the Board would like to plan a Valentine’s
Day party to be held in the Community Center next year. Mayor Crispen asked Chairman Price to possibly look
into the idea of a father/daughter and mother/son type event in the future.
C. TOWN COMMISSIONERS
Vice Mayor Smith commented to Town Manager Hoskovec that he needed to get together with the Parks Board to
see if any of the scheduled events need to come to the Town Commission for approval.
Vice Mayor Smith stated that at the July 16, 2003 regular Commission meeting, we tabled agenda item, “Discussion
and possible action regarding a request by Josh Bolduc to hold volleyball tournaments at Ocean Park” and we need
to put the tabled motion back on the agenda to dispose of. Town Manager Hoskovec stated that we need to put it
back on the agenda to dispose of it because Mr. Bolduc has not been in contact with us since that meeting.
Vice Mayor Smith stated that at the July 16, 2003 regular Commission meeting Mayor Crispen had requested the
Parks Board to have their final recommendations regarding the grant for Ocean Park at the regular Commission
meeting in August. Town Manager Hoskovec stated that the Parks Board is still working on the recommendations.
Vice Mayor Smith stated that the Town had an unemployment claim filed against Town and it has been taken care
of and asked that the Town Commission receive a copy of the Final Order on Mary Prewitt. Vice Mayor Smith
commented that the Town Commission needs to discuss Fire Maintenance position during the budget session next
week.
Commissioner Walters commented that there were no signs put out announcing the budget workshops.
Commissioner Walters requested that a reading file be established for all correspondence to be put into the
file for the Town Commission to look through.
Commissioner Walters commented that the Clerk of Courts demanded payment by September 30th and asked
how this is being handled? Town Manager Hoskovec responded that he sent a letter to the Clerk of Courts and
requested reimbursement for the $109,000 that he is outstanding and he has not responded to it.
Commissioner Walters asked about the storm drain survey prepared by the Town engineers and advised that they
need to present it to the Town Commission. Commissioner Walters stated that he asked for a health insurance
figure last month as the Town bid the health insurance and went with a new plan and explained that after the
Town went with the new plan, a health survey was to be submitted and the Town was to receive a figure within 10
days. Town Manager Hoskovec sated that he will have the Finance Department provide that figure. Commissioner
Walters thanked Paul Gougelman for donating his time at a recent library board meeting.
Commissioner Walters stated that at the last meeting, the Town Manager advised that the first Police Chief was
never an employee of the Town, yet was allowed to perform the duties of Police Chief and asked what the liability
is now as an officer resigned because of orders given him by that Chief and there are other problems regarding
access to confidential records if that person was never an employee of the Town? Attorney Gougelman stated
that he would need more information to be able to answer these questions.
Commissioner Walters asked for an update regarding the Police Chief hiring. Town Manager Hoskovec reported
that there were 29 applications received, the Civil Service Board met and certified 18 candidates as meeting the
advertised requirements of the position and he will put together a review panel to bring recommendations, after this,
the testing and interviews. Town Manager Hoskovec stated that the polygraph will be issued by the FDLE
recommended individual and the psychological examination will be issued by FIT to the five (5) finalists.
Commissioner Walters asked why we aren’t using the Police Academy as they do this for free? Town
Manager Hoskovec stated that there have been problems with consistency with the Police Academy and
he would rather use the FDLE recommended individual. Commissioner Walters asked if he is on the right
track in thinking that we are not going to have the top five (5) candidates take a polygraph and psychological
exam? Town Manager Hoskovec stated that we are and Commissioner Walters asked why we would do this?
Mayor Crispen asked if the applicants know they will have to take these exams? Town Manager Hoskovec stated
that the 18 applicants that the Civil Service Board certified, were informed through communications from him.
Commissioner Walters asked why wouldn’t you wait until you get down to who you want to hire and advise them
that they will be hired subject to a comprehensive background check, and passing a polygraph and psychological
exam, why pay for five (5) people to be examined? Town Manager Hoskovec responded that this may be one of
the judging arguments we use in the evaluation process and that he would like to have this information available
to him prior to making the final decision. Commissioner Walters commented that it will cost $1,000 to examine
five people.
Commissioner Price cautioned the Town using these test to screen a bunch of people, because you don’t want to
say you are not accepted because of these tests to more than one (1) person. Commissioner Price stated that
we decided to use these tests for the final candidate and we should stick to this and maybe we did not make this clear.
Mayor Crispen asked Town Attorney Gougelman that if the Town selects a candidate and advise that you are hired
as long as you pass this test, are we further subjected to a lawsuit this way than if we administer these tests to the
final five (5) applicants? Town Attorney Gougelman recommended that the Town Manager consult with the Labor
Law Attorney on this subject.
Commissioner Price commented that the Town Commission has been very busy on the budget and encouraged
citizen participation in the budget process. Commissioner Price reported that he attended the Florida League of
Cities conference in Orlando and that it was an excellent conference and that he went away with some excellent
ideas and that it was a very good learning experience. Commissioner Price reported that he attended a workshop
entitled “managing conflict to manage growth” at the Florida League of Cities conference and it was an excellent
workshop.
Commissioner Wilson asked Town Manager Hoskovec that if the hiring process for the Police Chief runs on past
the September 2nd date, what are his intentions? Town Manager Hoskovec stated that he will promote Lieutenant
Haran to Acting or Interim Chief.
Mayor Crispen commented that there were points raised about missed deadlines and that he has not seen an
action plan lately and stated that there are a lot of items the Town Commission discusses each meeting and
asked Town Clerk Masny what the status of the action item list is? Town Clerk Masny responded that it does
need to be updated and she will do this. Mayor Crispen asked that blank copies of an action plan be provided
to the Town Commission at the meetings to help keep it updated. Mayor Crispen reported that he attended the
Florida League of Cities convention and the conflict resolution meeting was very helpful and that it will help him
run better meetings. Mayor Crispen reported that as the Town’s voting delegate at the convention, there was
only one significant resolution, a proposal made by North Point and they wanted to remove charter counties
from the Florida League of Cities and the resolution was defeated. Mayor Crispen reported that he might be
late for budget meeting to be held on August 27th. Mayor Crispen reported that there was a quasi judicial
seminar at the convention and there was a suggestion that all Commissioners and Mayor must have the
same information regarding these issue and if one (1) Commissioner attends a Planning and Zoning Board
meeting and others do not, this could be considered an exparte communication to that one Commissioner.
Town Attorney Gougelman reported that because anytime you receive information from an outside source, it
could be viewed this way. Town Attorney Gougelman stated that there should be a disclosure procedure for
exparte communications. Mayor Crispen asked if a set minutes of a meeting satisfy this? Town Attorney
Gougelman stated that he would have to look at the way the minutes are done by the Town. Mayor Crispen
asked Town Attorney Gougelman what his recommendation would be regarding exparte communications. Town
Attorney Gougelman stated that he would like to review the Town’s exparte procedures.
D. GENERAL COMMISSION DISCUSSION (TIME PERMITTING)
There was no general Commission discussion.
X. ADJOURNMENT
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The regular meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 10:43 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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