TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - Regular Meeting
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Monday
September 22, 2003
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 8:37 p.m. on Monday, September 22, 2003 in the Community Center. Mayor Crispen also
led the Pledge of Allegiance
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 Department Staff
Interim Police Chief Haran
Finance Manager Matthews
16 members of the public
Town Clerk Masny
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I. CHANGES TO THE AGENDA.
Mayor Crispen asked for any changes to the agenda. Town Manager Hoskovec asked that agenda items II A.,
V. and VIII. B. be removed from the agenda. There were no objections from the Town Commission.
Commissioner Walters asked why agenda Item VIII..B. is being removed from the agenda? Town Manager
Hoskovec stated that there is a personnel issue unresolved at this time.
II. PROCLAMATIONS AND AWARDS
A. PRESENTATION OF PROCLAMATION TO ABIGAIL WRIGHT CHAMBERLIN CHAPTER, DAUGHTERS
OF THE AMERICAN REVOLUTION PROCLAIMING SEPTEMBER 17-23, 2003 AS “CONSTITUTION WEEK”.
This item was removed from the agenda.
B. SPECIAL RECOGNITION AWARD TO JOHN WINDSOR BY THE MELBOURNE BEACH POLICE DEPARTMENT.
Interim Chief of Police Haran presented a special recognition award from the members of the Melbourne Beach
Police Department to Mr. John Windsor for his community involvement and his being a member of the Police
Pension Fund Board of Trustees for two (2) decades.
C. AWARD OFFICER MATTHEW SMITH AS MELBOURNE BEACH POLICE DEPARTMENT’S “OFFICER OF
THE MONTH” FOR JULY 2003.
Interim Chief of Police Haran presented Officer Matthew Smith as Melbourne Beach Police Department’s “Officer
of the Month” for July 2003.
D. AWARD SERGEANT CARMINE SINISCAL AS MELBOURNE BEACH POLICE DEPARTMENT’S “OFFICER
OF THE MONTH:” FOR AUGUST 2003.
Interim Chief of Police Haran presented Sergeant Carmine Siniscal as Melbourne Beach Police Department’s “Officer
of the Month” for August 2003.
III. NON-SCHEDULED CITIZEN COMMENTS (3-MINUTE LIMIT, PLEASE)
Paul Guglietta, 318 Third Avenue, commented that the regular Town Commission meetings are held on the third
Wednesday of the each month and asked why the Town Commission changed the meeting date this month?
Mayor Crispen stated that the Town Commission postponed the meeting this month because he was in Orlando
all week for this job and Mr. Guglietta asked if the Mayor is supposed to work his personal schedule or is the
Town supposed to change its schedule to meet the Mayor’s schedule? Mr. Guglietta asked Mayor Crispen if
he has any financial dealings with any candidates running for election year? Mayor Crispen responded that Trish
Riemer is his landlord.
Dennis Gough, 1706 Orange Street commented that he heard that the new chief is going to be required to take a
polygraph. Mayor Crispen stated that this will be an agenda item and he cannot speak to this. Mr Gough advised
that he has to leave to go to work. There were no objections from the Town Commission to accept Mr. Gough’s
comments. Mr. Gough commented that he feels it is an embarrassment to have the new chief take a polygraph
and he feels it is a frivolous expense as this is not an entry level position.
Gretchen Sauerman, 406 Atlantic Street commented to Mayor Crispen that the Town’s recent press coverage has
been dedicated to the missteps he has encountered with the Florida Commission on Ethics and Florida Elections
Commission and the violations he has been fined for and feels that this has cast a cloud over the Town Commission’s
dealings. Ms. Sauerman stated that the last time an elected official was found guilty of such, that person was recalled.
Ms. Sauerman stated that her friends and neighbors in Melbourne Beach are displeased with becoming a laughing
stock and stated that she has the paperwork and is prepared to act on it and asked that the Town Commission
encourage the Mayor to make the right decision and spare the Town further embarrassment and expense because
it is her intention to have a recall and have it by the time the next group of Commissioners are being elected.
IV. APPROVAL OF MINUTES: AUGUST 20, 2003 REGULAR MEETING
AUGUST 27, 2003 SPECIAL MEETING
AUGUST 27, 2003 WORKSHOP
SEPTEMBER 2, 2003 SPECIAL MEETING
SEPTEMBER 2, 2003 WORKSHOP
SEPTEMBER 3, 2003 BUDGET PUBLIC HEARING.
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER PRICE TO APPROVE THE MINUTES OF
AUGUST 20, 2003 REGULAR MEETING, AUGUST 27, 2003 SPECIAL MEETING, AUGUST 27, 2003 WORKSHOP,
SEPTEMBER 2, 2003 SPECIAL MEETING, SEPTEMBER 2, 2003 WORKSHOP AND SEPTEMBER 3, 2003 BUDGET
PUBLIC HEARING.
VOTE: ALL AYES. MOTION CARRIED.
V. REPORTS BY ANY TOWN BOARD SUBMITTING A REPORT: DISCUSSION AND POSSIBLE ACTION
REGARDING A REQUEST FOR FUNDING BY THE WILLIAMS BUILDING AD HOC COMMITTEE.
The item, discussion and possible action regarding a request for funding by the Williams Building Ad Hoc
Committee was removed from the agenda.
Donnie Price, Chairman of the Parks Board reported that the Board has a schedule for the “Movies in the Park” and
has a plan to mail a schedule to all Town residents. Chairman Price reviewed the schedule and announced that all
of the movies shown in the park begin at dusk. Chairman Price reported that the Board has discussed holding a
Halloween event again this year and they came up with a proposal for a haunted house in the park.
Paul Guglietta, member of the Town’s Environmental Advisory Board reported that the Board has set a mission
to contact all Town residents who live on the beach regarding the turtle lighting regulations and that he talked to
the president of the Breaker’s Condominium Association and was assured that the lighting from the condominium
will be cut back as it relates to the beach. Mr. Guglietta reported that the beach cleanup had a good turn out and
they removed a lot of uncontrolled growth at Loggerhead Park Preserve.
VI. PUBLIC HEARING:
ORDINANCE NO. 2003-03, AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY,
FLORIDA RELATING TO POLICE RETIREMENT BENEFITS; PROVIDING FOR AN ADDITIONAL $10 PER
MONTH RETIREMENT BENEFIT FOR CERTAIN POLICE OFFICERS; PROVIDING FOR THE REPEAL OF
ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND
INTERPRETATION; PROVIDING AN EFFECTIVE DATE; AND PROVIDING AN ADOPTION SCHEDULE.
(FIRST READING)
Town Attorney Gougelman read Ordinance 2003-03 by title. Town Manager Hoskovec requested that Sergeant
Siniscal of the Police Department address this agenda item as he is on the Police Pension Fund Board of Trustees.
Sergeant Siniscal stated that the Pension Fund Board has agreed with the wording of Ordinance 2003-03 with
the exception of a typographical error on page two (2). Town Manager Hoskovec stated that this is a change in
the retirement plan for the Police Officers and on Page 2 the verbiage is changed to read, “or members retiring
on or after October 1, 2002 who have reached their normal retirement date as defined in section 11-54(d)(1)(A)
of this code”. Town Manger Hoskovec stated that this brings in some of the individuals who were not in it before
and believes this affects two (2) retired officers.
Mayor Crispen asked for public comment regarding this agenda item. There were no comments from the public.
Commissioner Walters stated that he would like to clarify the Town Manager’s comment that some received the
benefit and some did not and stated that the only ones who received the benefit were those who served 20 years
or more, which is a pretty standard age and this ordinance allows those who have less than 20 years to get the
same benefit based on years’ of service, but they have to reach the age first for the retirement plan.
Vice Mayor Smith stated that on Page 2, the middle paragraph, third line from the bottom, the word “sad” needs to
be changed to “said”.
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER WILSON TO APPROVE ON FIRST READING ORDINANCE
NO. 2003-03, AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA RELATING
TO POLICE RETIREMENT BENEFITS; PROVIDING FOR AN ADDITIONAL $10 PER MONTH RETIREMENT BENEFIT
FOR CERTAIN POLICE OFFICERS; PROVIDING FOR THE REPEAL OF ORDINANCES AND RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND INTERPRETATION; PROVIDING AN EFFECTIVE
DATE; AND PROVIDING AN ADOPTION SCHEDULE.
VOTE: ALL AYES. MOTION CARRIED.
Town Attorney Gougelman pointed out that this ordinance may not come back for second reading next month as
it needs to be forwarded, along with the Actuary Report to the State Division of Retirement for review and possible
comments.
VII. OLD BUSINESS:
A. DISCUSSION AND POSSIBLE ACTION REGARDING A REQUEST BY JOSH BOLDUC TO HOLD
VOLLEYBALL TOURNAMENTS AT OCEAN PARK. (TABLED JULY 16, 2003)
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER WILSON TO REMOVE FROM THE TABLE THIS
AGENDA ITEM FOR DISCUSSION.
VOTE: ALL AYES. MOTION CARRIED.
Town Manager Hoskovec reported that the Town has not heard from Mr. Bolduc since this item was discussed
previously and the issue is dead and requires no further action.
B DISCUSSION AND POSSIBLE ACTION REGARDING RECOMMENDATION FROM PARKS BOARD REGARDING
FINAL PROPOSAL FOR OCEAN PARK RENOVATIONS.
Town Manager Hoskovec requested Amy Adams of Cape Canaveral Scientific to address the Town Commission
regarding the site plan for Ocean Park as recommended by the Parks Board. Ms. Adams reviewed the conceptual
site plan for Ocean Park with the Town Commission and advised that the Town submitted an application for Federal
funding through the land and water conservation fund through the National Park Service and 62 applications were
submitted of approximately $700,000 in available funding and only six (6) applications were selected. Ms. Adams
stated that the Town was not selected under that funding; however, that application was reworked and sent in for
State funding through the FRDAP grant funding through the Department of Environmental Protection and was
sent in on September 12, 2003. Ms. Adams advised that the grant is a 50/50 match and the Town will try to
match the funds through another Federal grant. Ms. Adams advised that the site plan is conceptual and may
be modified if necessary as a finalized site plan will be required before a contract is signed.
Mayor Crispen opened the meeting for comments from the public regarding this agenda item.
Paul Guglietta, 318 Fourth Avenue commented that he is on the Parks Board and is 100 percent behind the plan
for the Ocean Park renovations. Mr. Guglietta stated that the community needs the improvements to the park.
Paula Boucher, 417 Hibiscus Trail commented that the Town had a hard time with the funding decisions in the
budget and it is difficult for her to understand how the Town can consider funding any projects at this time when
we are not in control of what we have now as we will need additional people to maintain the new projects.
Commissioner Walters agreed that we need to maintain our parks and buildings as they were not maintained in
the past and hopefully the Town can get this federal grant and hopefully we can get another grant to take care of
our matching share. Commissioner Walters stated that the Town may not even get the grant and this all goes
back to not taking care of what we have.
Commissioner Wilson asked if the FRDAP grant has a point system? Ms. Adams pointed out that they are and
for the 12 years the FRDAP program has been in existence, all requests have been funded because the Legislators
feel that parks and park renovations are important and all are funded, but the most you can ask for is $200,000
through a FRDAP grant. Commissioner Wilson stated that he has talked to members of the Parks Board and
asked if there could be a children’s play ground at Ocean Park and was told that one has not been included.
Ms. Adams stated that this was discussed at the meeting and the Board did not want to change the layout
of the park by adding too much to the park and using all the green spaces.
Town Manager Hoskovec stated that the Town Commission needs to approve the conceptual site plan.
Commissioner Price stated that the conceptual site plan was already sent in with the grant application and this
is an after the fact approval.
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER PRICE TO APPROVE THE CONCEPTUAL SITE
PLAN FOR OCEAN PARK.
VOTE: ALL AYES. MOTION CARRIED.
C. DISCUSSION AND POSSIBLE ACTION REGARDING RECOMMENDATION FROM PARKS
BOARD REGARDING SIGNAGE FOR MUNICIPAL COMPLEX. (TABLED AUGUST 20, 2003)
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER PRICE TO REMOVE THIS AGENDA ITEM FROM
THE TABLE.
VOTE: ALL AYES. MOTION CARRIED.
Town Manager Hoskovec stated that the sign designs were discussed last month and the Town Commission
had suggested that the Parks Board and Planning and Zoning Board review the sign options and give a
recommendation to the Town Commission. Town Manager Hoskovec advised that they were opposed to both
variations of the sign and it is the opinion that they are looking for a wooden sign as previously used in front of
Town Hall.
Town Manager Hoskovec sated that he advised that the board members that the Town can use the sign to
announce meetings and communicate better with the public and they felt it was unnecessary.
Town Manager Hoskovec asked the Town Commission for direction regarding the signage for the new Municipal
Complex as the signs at the Town entrances reflect the signage at the pier.
Commissioner Price commented that the sign that is on the pier is excellent and the Town could follow that
format for all signage and it would be nice for the small town flavor.
Mayor Crispen opened the meeting for public comment regarding this agenda item. There were no comments
from the public.
Commissioner Walters stated that the sign the Parks Board has recommended is thousands of dollars less
expensive and he is inclined to go along with this recommendation. Town Manager Hoskovec stated that the
cost estimates for the original signs were between $600 and $9,500 for the two monument signs and the
wooden sign on the pier is approximately $800. Town Manager Hoskovec reported that this one would probably
be around $1,500 because the Town would want a small flood light at base of sign.
Mayor Crispen stated that he felt that the communication with the citizenry is important and the Town could
possibly combine the idea of both signs. Mayor Crispen asked to see a schematic of the proposed sign.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON THAT A SIGN AS DISCUSSED BE
DEVELOPED FOR THE NEW MUNICIPAL COMPLEX.
VOTE: ALL AYES. MOTION CARRIED.
D. DISCUSSION AND POSSIBLE ACTION REGARDING THE TOWN’S POLICY ON POLYGRAPH AND
PSYCHOLOGICAL EVALUATIONS FOR THE HIRING OF THE POLICE CHIEF (MAYOR CRISPEN)
Mayor Crispen turned control of the meeting over to Vice Mayor Smith to address his requested agenda item.
Mayor Crispen stated that he put this back on the agenda because the Town changed Chapter 5 of the personnel
policy to include hiring guidelines for the new Chief of Police and advised that the inclusion of a polygraph and
psychological examination was presented to be included in the evaluation of a Police Chief. Mayor Crispen
stated that the Town Commission agreed with the amendments and the Town Commission adopted the policy
at a regular meeting. Mayor Crispen stated that he spoke against the part of the policy regarding the polygraph
and psychological examinations and Florida Today was present and wrote an article about it and that the
newspaper did research on this item. Mayor Crispen stated that after reading the articles and talking with
other Mayors and Commissioners, and attendees at the Florida League of Cities Conference in Orlando, not
one (1) person stated that they did a polygraph examination but some did psychological examinations.
Mayor Crispen stated that he would like to review that part of the policy and read into the record from Chapter 5,
Section 5.04b, Recruitment: Police Chief/Police Officer, “All police applicants, including the Police Chief, prior to
being employed by the Town shall successfully compete an employment physical and pass both a polygraph and
psychological test as a determinant as to fitness for the position. Personnel contracted by the Brevard Community
College Police Testing Facility or any other certified FDLE testing center shall administer such tests. Passing
the polygraph and psychological exam means that the Police Chief and Town Manager are satisfied that there
are no unresolved issues or questions concerning the applicant’s fitness for the position”. Mayor Crispen stated
that he received a letter dated June 9, 2003 from the President of the Palm Beach Association of Chiefs of Police,
Inc. and read from the letter, “the criteria used to select a Chief of Police is based upon education, tenure in law
enforcement, career development, exposure within an organization, attendance at administrative management
schools such as the FBI National Academy or the Southern Police Institute in Louisville, Kentucky and a host
of references. Additionally, oral interviews are conducted and, perhaps, assessment centers. The use of a
polygraph and the submission to a psychological examination for those candidates being selected for Chief
of Police is uncommon. I am not personally aware of a police or sheriff’s department seeking a new chief
requiring a polygraph or psychological exam. Accreditation standards require a polygraph and a psychological
exam to be conducted on entry-level employees only, the standards relate solely to entry-level employees.”
Mayor Crispen stated that we are the only municipality in the county to compel an incoming chief to take a
polygraph test before hiring. Mayor Crispen read into the record comments from the Florida Today Newspaper
article, Mike Crews, Bureau Chief of Standards for the Florida Department of Law Enforcement stated that they
do require a polygraph of their own agents and his quote is: “The recommendation for officers to take a polygraph
generally applies only to entry-level or first-time patrol positions. Our Commission recommends only a
comprehensive background check be completed”. Mayor Crispen quoted form Hal Robbins, Executive Director
of the Florida Police Chiefs Association, “From my experience, I would say the vast majority of executive searches
that are conducted not only in Florida, but throughout the country, do not involve a polygraph or psychological
examination. The International Association of Chiefs of Police, which represents more than 19,000 members in
more than 92 countries also said the practice in uncommon.” Mayor Crispen quoted from IACP Spokesman,
Gene Voeghtlin, “It’s not common at all” and from former Melbourne Beach Police Chief Tony Loizzo, “None of
Brevard’s police agencies require the test of incoming chiefs.” and from Sheriff Phil Williams, “I don’t know
what to think, I’ve never heard of this before. Typically, a polygraph is used as an investigative tool but does
not live up to the panacea that those old cop shows make them out to be.” Mayor Crispen also quoted from
the article that Al Hutson, Cocoa Beach’s assistant city manager and president of the Brevard City and County
Manager’s Association, agreed and stated, “This says something about the nature of the relationship you’re
trying to establish with the incoming chief, plus it is not admissible in court so how reliable can it be?”
Mayor Crispen read a quote in the article from the ACLU, “Despite the claims of ‘lie detector’ exams, there is
no machine that can detect lies with any degree of accuracy. The ‘lie detector’ does not measure truth telling,
it measures changes in blood pressure, breath rate and perspiration rate, but those physiological changes can
be triggered by a wide range of emotions such as anger, sadness, embarrassment and fear.” Mayor Crispen
went on to state that Shawna Kelsch of the Florida Today Newspaper wrote about the mood of the meeting,
“Residents packed the community center to loudly protest what they labeled as the Commission’s mishandling
of the situation and, specifically, the micro–management of the Town Manager and police department affairs.”
Mayor Crispen stated that he did more investigating and learned more about this and is bring this item back
to the Town Commission.
Commissioner Walters stated that the FDLE requires every entry-level police officer, as well as those just out
of the academy, to take a polygraph and psychological examination. Commissioner Walters stated that at the
time, he thought if a comprehensive background check is done on the Police Chief, and you know that person
and he is not a stranger, it might not be necessary, but, a psychological exam is because there are a lot of
stress-related problems in the law enforcement field that need to be looked at by a professional. Commissioner
Walters explained his reasoning for recommending this policy because the Town recently had a Police Chief
come into this community who served 27 years in Miami and nobody checked the file, and this is not a
comprehensive background check. Commission Walters stressed that the Town should make sure that if
we bring in a stranger into this community, we need to check that he has not committed an undetected felony.
Commissioner Walters asked that if the Town is going to error in hiring a Police Chief and not perform a
comprehensive background check, should we not put this in our policies to make sure we have done everything
we could to make sure we get the right person and make sure they don’t have any secrets from us, to the best
we can determine? Commissioner Walters stated that if the polygraph comes back with something that looks
like a lie, the Town Manager can check on this. Commissioner Walters stated that he told everyone that this
policy was uncommon and this is a series of testing to make sure that our Police Chief is the right person for the job.
Vice Mayor Smith opened the meeting for public comment regarding this agenda item.
Bob Bolin, 380 Sherwood Avenue of Satellite Beach and current Mayor of Satellite Beach commented that he
has over 50 years’ of background and still serves in the Federal Government and served in the United States
Marine Corps, the United States Central Intelligence Agency, the United States Department of State and has
over 35 years’ experience in the use of the polygraph. Mr. Bolin stated that there are very few highly qualified
polygraph operators in the United States and it depends on the questions the operator asks, the method in
which they are asked, the equipment and the interpretation of the answers. Mr. Bolin stated that there are
some people who would never pass a polygraph and he has had people lie on every question and passed the
polygraph. Mr. Bolin stated that he cannot believe that the Town feels they do not trust the Town Manager in
making a decision about a Police Chief. Mr. Bolin stated that he was appalled when he read the newspaper
article and assumed that the Town asks for applications, performs a background investigation, checks previous
employers, checks references, interviews candidates and cannot imagine the Town offending, insulting and
embarrassing somebody with a background of years of experience to submit to a polygraph examination.
MAYOR CRISPEN MOVED, SECOND COMMISSIONER WALTERS TO EXTEND THE MEETING TO THE REQUIRED
TIME TO FINISH THE AGENDA.
VOTE: ALL AYES. MOTION CARRIED.
Paul Guglietta, 318 Third Avenue commented that the last Chief of Police was not hired correctly and can
understand why some the Town Commissioners are concerned about this issue and stated that the Town
needs a thorough background check, but should reconsider the polygraph test for the Chief of Police.
Martha Remark, 707 Atlantic Street agreed that the polygraph is not needed. Ms. Remark commented that
the Town has limited the candidates for the position to the state of Florida so they have had a polygraph already
and thinks this to be a slap in the face to those applying and an expense the Town does not need.
Paula Boucher, 417 Hibiscus Trail asked why the Town has not asked Lieutenant Haran to be Police Chief?
Ms. Boucher was advised that he did not apply for the position.
Sherri Quarrie, 701 Pine Street commented that if the Town uses a polygraph and makes a decision based on it,
what is the liability to the Town? Commissioner Walters responded that the Town does not make a decision
based on a polygraph examination. Ms. Quarrie stated that if it is not part of the process and not common,
and we may be sued, why do we use it?
Commissioner Price stated that he can not make the leap from requiring a polygraph for all of the police officers
except the chief and asked what the big deal is? Commissioner Price stated that every day seasoned police
officers are getting into all kinds of difficulty and most of our candidates are not local and why would we not want
that added sense of security? Commissioner Price stated that polygraphs are being used everywhere and we
have been using them in this Town for a long time and have not been sued because of it. Commissioner Price
stated that the chief law enforcer is coming into our Town and we are putting our lives in his or her hands and
what is the big about them taking a polygraph?
Commissioner Wilson commented that the affiliates mentioned in the newspaper article are mostly associated,
and protective of their own and the polygraph is probably not popular among Police Chiefs, as we have heard.
Mayor Crispen corrected that the article did not say that it should not be done or it is a bad idea, it was just
said that it isn’t done. Commissioner Wilson stated that he agrees with Commission Price and does not
know what the big deal is about taking a polygraph.
Commissioner Walters stated that he was a police officer for over 30 years and a Police Chief for 13 of those
years and may be a Police Chief again in the future and if a Town Manager wants him to take a polygraph and
psychological examination, he would ask what time do I show up, because if it makes the manager and residents
more comfortable, he would take the tests.
Vice Mayor Smith stated that the Town Commission has discussed this item over and over and advised that her
son took two (2) tests to work here, and she really does not know that much about it, it might be embarrassing
to someone with a lot of years of experience, but if you don’t have anything to hide, why not take the examinations?
Vice Mayor Smith stated that she has no doubt that all of the Commissioners could fail the examination if asked
the right questions.
Mayor Crispen stated that this is truly amazing because all who speak on this subject say that they know they
are unreliable and no one in the county does it, but what is the big deal? Mayor Crispen asked what happens
when we get to our candidate and he fails the polygraph examination? The Town Manager cannot hire him.
Mayor Crispen stated that comments have been made that we did not do the comprehensive background
check does this mean we do a polygraph, why not firm up the background check procedures? Mayor
Crispen commented that there is no test to guarantee a good employee.
Vice Mayor Smith stated that the Commissioners got touchy about this process because there was not a
background check done previously and someone was hired on a weekend and Mayor Crispen agreed with us
when we discussed this and voted. Vice Mayor Smith stated that the Town Commission was told by four (4)
different people that a polygraph was not a requirement, it was a recommendation, we were told this by
Commissioner Walters, Chief Loizzo and the Town Manager.
Commissioner Walters stated that on December 30th Chief Loizzo number one (1) quit and on January 1st Chief
Loizzo number two (2), was hired, no background check done and if the Town Manager is not going to do a
comprehensive background check, this will be a little extra protection for the Town. Commissioner Walters
stated that he hired a Police Chief from Melbourne Village nine (9) years’ ago and he took a polygraph.
Commissioner Walters stated that it is not just entry-level officers taking these tests, it is every single officer
that gets hired in this county and our policy states that if there is a problem with the polygraph, the Town
Manager looks at the problem and tries to resolve it.
MAYOR CRISPEN MOVED, THAT SECTION 5.04(B) OF CHAPTER 5, TOWN OF MELBOURNE BEACH RECRUITMENT
AND EMPLOYMENT POLICY BE AMENDED TO OMIT THE SECOND PARAGRAPH STARTING WITH, “ALL POLICE
APPLICANTS” AND ENDING “FITNESS FOR THE POSITION”.
THE MOTION DIES FOR LACK OF A SECOND.
VIII. NEW BUSINESS:
A. DISCUSSION AND POSSIBLE ACTION REGARDING A REQUEST BY CAPE
CANAVERAL SCIENTIFIC, INC. TO ATTEND FLORIDA COMMUNITIES TRUST HEARINGS REGARDING
APPLICATION FOR ACQUISITION OF BOOMERANG’S PROPERTY.
Town Manager Hoskovec stated that he received a notification from Florida Communities Trust late today and
requested that Amy Adams address this agenda item.
Amy Adams of Cape Canaveral Scientific stated that the application to purchase the Boomerang property was
submitted late in the spring to the Florida Communities Trust and advised that $66 million is available in grant
funding, which equals about 150 points and it funds projects that have a score of 150 and above and has some
contingency funding that she feels the available funding will be brought up to about $80 million. Ms. Adams
stated that if it were to go up to $80 million, the Town would be in the funding, but needs five (5) additional
points to get to 130 points because the Town is now in a group of a lot of projects with 125 points. Ms.
Adams stated that within next the 10 days, the Town can go back and argue for points on some of the
questions and do clarifications with our project manager at FCT and the Town can possibly get some
points on a reevaluation. Ms. Adams stated that the Town can earn up to 10 points by traveling to
Tallahassee and arguing for project excellence points, and you have to argue at a hearing for these points.
Ms. Adams stated that the projects eligible to argue for points are those such as expanding current parks
like the Boomerang property. Ms. Adams stated that Kerry Hall’s recommendation from FCT is that someone
travel to Tallahassee to argue for the Town and gain the 10 points. Ms. Adams advised that every project with
125 points will be in Tallahassee presenting their cases and arguing for the extra points.
Town Manager Hoskovec recommended that the Town Commission accept option #1 of the proposal which is to
fly Ms. Adams to Tallahassee to argue for the extra points if the Town is sincere about going after this property.
Town Manager Hoskovec advised that the new figure for the flight is $409 rather than $258.50 because the trip
is less than two (2) weeks away.
Mayor Crispen opened the meeting for public comment regarding this agenda item. There were no comments
from the public.
Commissioner Wilson stated that the Town has two (2) options to receive the needed 10 points and reviewed
the criteria questions he believed the Town could obtain more points on without traveling to Tallahassee such
as on Page 6.,Questions #3, “Will the project further comprehensive plan directives to provide new or enhanced
public access to water bodies and saltwater beaches?” Ms. Adams stated that she quoted what was in the
Town’s Comprehensive Plan and this could be a possible question to add points. Commissioner Wilson
reviewed other questions on the evaluation report. Commissioner Wilson stated that he personally does
not know that the Town should let Ms. Amy go up to Tallahassee and argue for 10 points when we can go
for this next year, there is no big rush.
Commissioner Walters stated that the Town is so far into this grant now and has paid money for this grant
piece meal and now we are rated and struggling to get a few more points and Ms. Adams has said that those
projects with 125 points will be in Tallahassee arguing for points and we do not know what, if any funding will
be available next year. Commissioner Walters stated that we know what we have now and know if we pay
these expenses and send Ms. Adams to Tallahassee, we have a chance to recoup the resident’s money
we have already spent and the $3 million and only, in his opinion, if the residents approve it. Commissioner
Walters stated that the Town has so much invested in this project already and he would hate to lose the grant now.
Commissioner Price stated that when this project was originally presented, he had some misgivings and that
he still has them because the Town has too little commercial property to be taking this off of the tax rolls.
Commissioner Price stated that if we win this grant, we increase taxes because we take commercial property
off of the tax rolls. Commissioner Price stated that taking on another project, the Town will have to maintain
this, and it will be no little project to maintain as we are having difficulty taking care of what we have.
Commissioner Price stated that he believes in cutting your loses and don’t throw good money after bad
money, let it flow and if anything comes of it, we will ask the people if they want it, but other than that, he
will be voting against this again.
Vice Mayor Smith commented that she voted for this because at the time, she felt it would be a good idea to
try for the grant and then see what we wanted to do and how the people felt. Vice Mayor Smith stated that
she has spoken with residents and they have expressed the loss of tax revenues and have asked what the
Town is going to do with the land. Vice Mayor Smith stated that now she is not really too sure it is a good
idea to go further with this grant at this time.
Mayor Crispen stated that he was concerned about the loss of tax revenue regarding this property, which
amounts to about $18,000 per year and the residents he is talking to are saying to get and control that piece
of property. Mayor Crispen stated that it is seldom that a Town gets a chance to gain control over oceanfront
property, there is risk involved and someone is going to buy it and what is going to goes there? Mayor Crispen
stated that he would like to see this through and he would vote to send Amy Adams to Tallahassee.
Vice Mayor Smith opened the meeting to comments from the public.
Donnie Price, 506 Harland Avenue, Parks Board Chairman commented that this is a key portion of property and
is a critical area of the Town.
Paul Guglietta, 318 Fourth Avenue, commented that the Environmental Advisory Board discussed this item and
discussed that piece of property needs to be under Town control.
COMMISSIONER WALTERS MOVED, SECOND MAYOR CRISPEN TO ACCEPT CAPE CANAVERAL SCIENTIFIC’S
PROPOSAL TO ATTEND THE POINT SESSION IN TALLAHASSEE.
VOTE: COMMISSIONER WALTERS, AYE. MAYOR CRISPEN, AYE. VICE MAYOR SMITH, NAY.
COMMISSIONER PRICE, NAY. COMMISSION WILSON, NAY. MOTION DEFEATED.
B. DISCUSSION AND POSSIBLE ACTION REGARDING A RECOMMENDATION FROM TOWN
MANAGER AND FIRE CHIEF REGARDING THE FIRE MAINTENANCE JOB DESCRIPTION.
"
This item was pulled from the agenda at the beginning of the meeting.
C. DISCUSSION AND POSSIBLE ACTION REGARDING PROPOSAL FROM HUNTER
COMMUNICATIONS REGARDING REQUEST FOR CHANGE ORDER TO THE SECURITY SYSTEM OF
THE MUNICIPAL COMPLEX.
Town Manager Hoskovec stated that the Town Commission had awarded the security bid for the municipal
complex, however the Police Department has requested two (2) microphones in the interview rooms, an
additional exterior camera and two (2) additional card readers.
Vice Mayor Smith asked what the total cost is for the amendment? Town Manager Hoskovec responded it is
$6,092.01.
Commissioner Walters stated that in 2001, the Town received a grant for $1,500 and bought a security camera
to be mounted on the public works garage and asked if the Town still has that camera? Town Manager
Hoskovec responded that we do still have it and that he would like to put that in the park to overlook the restroom.
Mayor Crispen ask why this was not included in original request for proposal? Town Manager Hoskovec stated
that these were areas that were not caught on the walk through, partly due to the transition of leadership in the
Police Department. Mayor Crispen asked if it would make sense to put this back out for bid? Town Manager
Hoskovec stated that the Town has already awarded the bid and the contractor has begun work on the building.
Commissioner Price stated that the change order is coming shortly after the contract was approved and asked
if there is possibly anything else associated with this contract that the Town Commission should be looking
at now so there will not be a need to come back again for another request? Town Manager Hoskovec stated
that he feels comfortable as he walked through the building with the Police Department, reviewed the blue
prints and reviewed the floor plan of the department and they are all comfortable with this recommendation.
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER PRICE TO ACCEPT THE CHANGE ORDER FOR
HUNTER COMMUNICATIONS IN THE AMOUNT OF $6,092.01.
VOTE: ALL AYES. MOTION CARRIED.
D. DISCUSSION AND POSSIBLE ACTION REGARDING A PROPOSAL FROM CAPE CANAVERAL
SCIENTIFIC, INC. REGARDING PURSUIT OF FCMP COASTAL PARTNERSHIP GRANT TO MATCH
TOWN’S SHARE FOR THE FRDAP GRANT.
Town Manager Hoskovec stated that the Town is in the process of applying for a grant for Ocean Park and that
grant requires a match and this grant would be the Town’s matching funds. Town Manager Hoskovec stated
that Cape Canaveral Scientific has prepared a proposal to apply for the grant funding.
Amy Adams of Cape Canaveral Scientific stated that the Town will be asking for between $50,000 to $80,000,
there is $800,000 available and the cycle runs with the FRDAP program. Ms. Adams stated that the grant will
pay for the cost of the ADA dune crossover at Ocean Park and the FRDAP money will cover the remaining
renovations. Ms. Adams stated that the Town will still have to put up about 1/4 of the money.
Commissioner Price asked how much 1/4 would be? Ms. Adams responded it would be approximately $25,0000
to $30,0000.
Mayor Crispen asked how much the entire project will cost? Ms. Adams stated approximately $300,000 and
the Town is asking for $154,000 from FRDAP and $80,000 from FCMP and the balance will come from the Town.
Mayor Crispen and Commissioner Price stated the Town’s balance would be more like $70,000.
Mayor Crispen asked for public comment regarding this agenda item. There were no comments from the public.
Commissioner Walters asked how much the improvements will cost without going for this grant and without
paving the parking area? Town Manager Hoskovec stated it would cost about $55,000 to $60,000.
Mayor Crispen asked if there is any way to estimate how much revenue parking meters will bring in? Town
Manager Hoskovec stated that he has looked into this and there are approximately 45 spaces in this area,
but the problem will be policing the area because people will start parking in the merchant’s parking lots and
we can issue parking passes to Town residents. Town Manager Hoskovec stated that the Town could bring in
about $40,000 annually, but would have to hire meter maid, maintain the meters, generate the parking stickers
and it will be a wash.
Commissioner Walters asked where will we get the remaining funds for this grant? Town Manager Hoskovec
stated it will come out of next year’s budget and we will not have to pay back the $85,000 in fines next year.
Mayor Crispen stated that if we were to do this grant and be successful, we would not be committing ourselves,
we will have three (3) years to spend the money. Ms. Adams clarified that the Town would have to build the ADA
ramp within 12 months which is about $70,000 and the Town will have to come up with the funding in the next
fiscal year. Commissioner Walters verified that the Town can pay its share over a three-year period.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON TO APPROVE CAPE CANAVERAL
SCIENTIFIC INC.’S ESTIMATE ON SERVICES FOR THE FCMP PARTNERSHIP INITIATIVE GRANT APPLICATION.
VOTE: ALL AYES. MOTION CARRIED.
IX. REPORTS:
A. TOWN ATTORNEY
There was no Town Attorney report.
B. TOWN MANAGER
There was no Town Manager report.
C. TOWN COMMISSIONERS
Vice Mayor Smith asked Town Attorney Gougelman if members of the Town Commission should attend the
Planning and Zoning Board public hearing regarding the height change and bed and breakfast? Town Attorney
Gougelman advised that the Commissioners can attend the meeting, but they should not appear to speak.
Town Attorney Gougelman reviewed the requests to be considered by the Board. Vice Mayor Smith
commented that she has received numerous e-mails regarding this issue from residents and it was
discussed that the Town Commissioners give a copy of all e-mails received to the Town Clerk.
Commissioner Walters reported that a few months ago, the Town Manager presented the Town Commission
with a proposal for a new health insurance provider and that he felt the Town Commission received all of the bids,
as long as they had a PPO and the Town Manager recommended a provider and gave us a price and did not tell
us the price will change when all of the health surveys are completed. Commissioner Walters stated that he
has asked for the new price during the last two (2) meeting and he would like to know the actual cost of the
health insurance and would like to know if the Town Manager has any idea what the increase will be for this
coming year. Town Manager Hoskovec stated that we do not know what the increase will be for the next year
yet, but the Florida League of Cities is looking at starting their own health issues and doing insurance for health
for the first time and this may seriously cut the cost of health care because the pool should be quite large.
Town Manager Hoskovec stated that the Finance Manager has been tasked with getting the information he
requested. Commissioner Walters stated that he noted on Attorney Gager’s bill, he charged the Town $200
for “issues” and asked that these be detailed on the billing. Commissioner Walters stated that he heard the
Town had a car accident and asked if anyone was injured? Town Manager Hoskovec stated that no was injured,
but the individual involved was immediately suspended from driving and taken to the local provider for our drug
and alcohol screener and was not allowed to drive until the Town received the results of the screen as per policy.
Commissioner Walters stated that the Town received a complaint about a rude police officer from a Paul Clubbe
and asked if the Town Manager responded to him? Town Manager Hoskovec reported that he had Lieutenant
Haran tasked with responding and he has done this and will forward a copy of the response to the Town
Commission. Commissioner Walters stated that a few month’s ago, the Planning and Zoning Board came
before the Town Commission and took us to task for allowing a paved parking lot at the Community Chapel
when a marl parking lot was approved and the Town considered this an upgrade to marl and let this go, but,
two (2) other issues remain, they did not put in the proper landscaping and the Building Official wrote a letter
to the Town Manager and advised they are required to landscape to the sidewalk and this has not been done
yet. Town Manager Hoskovec responded that he did follow up on this with the Building Official and will re-follow
up with him tomorrow. Commissioner Walters stated that he has requested a wireless microphone or a spare
microphone. Town Manger Hoskovec advised that he will refer this to the Town Clerk as he was not here when
the system was upgraded.
Commissioner Wilson asked for direction on the height regulations for single-family homes and commented that
there is one home in Town that has been brought to his attention as well above the 28 foot height limit.
Commissioner Wilson stated that he talked to the Building Official about it and he said, if I understood what he
said, that the roof part of this home is 31' and 5" from the peak of the roof. Commissioner Wilson read the code
regarding exception to height regulations, “The height limitations contained in Sections 7A-30 through 7A-39 do
not apply to spires, belfries, cupolas, antennas, ventilators, chimneys or other appurtenances usually required
to be placed above the roof level and not intended for human occupancy.” Commissioner Wilson stated that
this is not just a roof on the house and it is apparently over the limit. Town Manager Hoskovec stated that he
brought this to the Building Official’s attention several months’ ago and he advised that they brought sand in
and built it from the top of the sand up. Commissioner Wilson pointed out that from the top of the roof to the
ground is 31' and 5" and pretty soon that house will be completed and it will be too late to do anything. Town
Manager Hoskovec stated that he suspects it is too late now. Town Attorney Gougelman stated that it is one
thing to measure it, and suggested that the Town look at the plans and see what was approved and see if the
Building Official is approving plans that are consistent with the code.
D. GENERAL COMMISSION DISCUSSION (TIME PERMITTING)
There was no general Commission discussion.
X. ADJOURNMENT
COMMISSIONER WILSON MOVED, SECOND COMMISSION PRICE TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
____________________________________
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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