TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - SPECIAL MEETING
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MONDAY
SEPTEMBER 30, 2002
7:00 p.m.
COMMUNITY CENTER
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A special meeting of the Town Commission of the Town of Melbourne Beach, Florida
was called to order by Vice Mayor Smith at 7:00 p.m. on Monday, September 30, 2002 in the
Community Center. Vice Mayor Smith also led the Pledge of Allegiance.
Present:
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Mayor Wille
Vice Mayor Smith
Commissioner Crispen
Commissioner Walters
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Others Present:
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Town Attorney Gougelman
Town Manager Hoskovec
Gail Jones, Outlaw & Jones
25 members of the public
Town Clerk Masny
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I. DISCUSSION AND POSSIBLE ACTION REGARDING AWARD OF BID FOR RECONSTRUCTION OF THE
MELBOURNE BEACH MUNICIPAL PIER
Town Manager Hoskovec reported that the Town closed the pier four (4) months ago and advertised for and
received bids for the reconstruction project. Town Manager Hoskovec stated that the Town received several
bids below the available financing for the project and recommended that the Town Commission accept the low
bid submitted by Bayshore Construction, Inc. for $312,731, depending on how many feet the Town Commission
chooses to add to the north pier.
Gail Jones, Outlaw and Jones came forward and stated that the bid came in within the budget for the project
and advised that Bayshore Construction, Inc. or Sarasota, Florida will do a good job and that he has conducted
a background check on some of their past projects inquiring about the quality of workmanship, how well they
perform their work and how well they work with the project owner. Mr. Jones stated that he checked with
organizations they did projects for such as Manatee County, City of Lake Wales and Florida Gulf Coast
University and they all gave ratings of not less than excellent. Mr. Jones recommended that the Town
Commission award the bid for the reconstruction of the Melbourne Beach Municipal Pier to Bayshore
Construction, Inc. Mr. Jones reported that the bid includes everything except for the minimal repair to the
pavilion and it will be the discretion of the Town Commission as to how many 10-foot sections are to be
added onto the north pier at a cost of roughly $3,000 per section.
Mayor Wille asked what the length of the north pier is as per the bid specifications? Mr. Jones stated that it
is approximately 60 feet. Town Manager Hoskovec verified that it is 60 feet in the bid specifications. Mayor
Wille stated that this bid allows for all of the options we discussed at our previous workshop.
Commissioner Walters asked if Bayshore Construction has a performance bond? Mr. Jones stated that they
have a bid and performance bond per the contract documents. Commissioner Walters asked if there is a
completion penalty? Mr. Jones stated that he does not call it a completion penalty, but there are liquidated
damages if they go over the contract time, there is an amount set up in the contract that they will be penalized
for every day they go over the completion date. For the benefit of the audience, Commissioner Walters asked
Mr. Jones to discuss what improvements are included in the pier bid project.
Mr. Jones stated that the residents will get a brand new pier from the shore to the pavilion, with new piling, new
decking, new handrails, new tables, with low-level lighting, new deck and stringers. On the pavilion itself there
will be a new roof and a southern and northern pier extended a distance to the Town Commission's deciding
in an east/west direction.
Commissioner Walters asked if there will be new decking and lighting under the pavilion? Mr. Jones stated it will
all be brand new decking, but, lighting under the pavilion was not in the bid, but he could asked the contractor
for a cost. Mr. Jones reported that the lighting will be just like the lighting at the pier in Indialantic. Commissioner
Walters asked if there is any purpose for the north finger pier and advised he has a suggestion for this area. Mr.
Jones stated that his understanding of the north and south finger pier is to give the option for a paddle boat or
commercial vessel to be able to dock in either location, depending on weather conditions and wind and to also
provide some docking places for residents.
Commissioner Crispen asked Mr. Jones to describe the lighting. Mr. Jones stated that the lighting will be
polycarbonate fixture, mounted on the railing, with the light projected toward the decking. Mr. Jones stated
that there will be one (1) light every 20 feet on each side of the railing and the contractor has included the
lighting on the north pier hand railing also. Commissioner Crispen asked what are we talking about when
we say we are adding 10-foot sections on the north finger pier? Mr. Jones stated the sections would be in
an east/west direction, eight (8) feet wide. Commissioner Crispen asked if the steel cable will go through
pilings? Mr. Jones replied, yes and it will and through the center as close as they can get it, with anchoring
devices on the ends. Commissioner Crispen asked if the bid is awarded tonight, when could they start
demolition? Mr. Jones stated that the contract documents provides 15 calendar days to provide insurance,
bid performance bond, and licenses and that he anticipates demolition to begin as soon as documentation
is received.
Town Manager Hoskovec stated that the Town signed an interlocal agreement with Brevard County for a LAP
Agreement for this project and the agreement will go before the County Commission on October 15, 2002 so
October 16, 2002 would be the earliest to start the project.
Commissioner Walters provided a photo of an idea of a structure to be placed at one (1) end of the finger piers.
(See Attachment #1)
Mayor Wille asked that the electric power at the pier be 220 as requested. Mayor Wille asked if the roof on the
pavilion is to be a metal roof as discussed? Mr. Jones stated that is was in the bid specifications to be the
same as is on the Community Center and restroom in Ryckman Park.
Mayor Wille verified with Mr. Jones that that right now, the pier has two (2) fingers, with a “t” on both ends, the
north finger extends 45 feet with a 60 foot east/west “t” and the 10 foot sections could be added to the
east/west “t”. Mayor Wille asked if there are any tie-off pilings? Mr. Jones replied that they were not included,
but he has a cost for the pilings and these could be discussed with the contractor.
Commissioner Crispen asked what the engineering fees will be for the project? Town Manager Hoskovec advised
that the Town has paid $15,000 to date.
Mayor Wille suggested that the Town Commission approve the bid as presented and list some ideas as the
Town Commission would like costs for and the Town Manager could bring these back at the next meeting,
along with the figures involved in the costs for the grants and Town funds.
Mayor Wille requested Gail Jones to provide a sketch as to what has been approved by the award of the bid.
COMMISSIONER CRISPEN MOVED, SECOND COMMISSIONER CRISPEN TO AWARD THE BID FOR THE
RECONSTRUCTION OF THE MELBOURNE BEACH MUNICIPAL PIER TO BAYSHORE CONSTRUCTION
NOT TO EXCEED $310,000.
VOTE: ALL AYES. MOTION CARRIED.
The Town Commission discussed additional items they would like cost estimates for on the pier:
• Pavilion at the end of a finger pier (Commissioner Walter’s sketch);
• Lighting under grand pavilion;
• Confirm cost of additional 10 foot sections;
• 220 power to accommodate commercial dockage;
• Tie-off pilings;
• entrance way kiosk addition;
• engineering estimates.
Jim Simmons, 409 Avenue B suggested that there be a stainless steel cleaning table with well water at the pier.
Val Steele, 701 Pine Street advised that if you have a rescue out at the pier, you will need phone lines to the
end of the pier and power sources.
Mayor Wille stated that in the old photographs he has seen of the pier, it looks like an old train-stop like sign
at the end of the pier and asked Town Manager Hoskovec to look into replicating what was out there.
Commissioner Crispen asked that the Town Manager look into replacing the dedication plaque.
Paul Guglietta, 318 Fourth Avenue suggested installing an emergency ramp for the fire department to launch
their emergency rescue boats.
II. DISCUSSION AND POSSIBLE ACTION REGARDING TOWN MANAGER’S EVALUATION
Town Manager Hoskovec stated that he put this item on the agenda to make certain they were all on the
same play book regarding his evaluation as there have been changes made to the scoring system. Town
Manager Hoskovec read a statement into the record (See Attachment #2).
Mayor Wille commented that he appreciates the difficulty it has taken to make that statement. Town Manager
Hoskovec stated that he enjoys working for the people, the Town and the Town Commission; however, there
is an environment here that our staff is being threatened, people are circumnavigating the normal use of the
chain of command and he cannot do his job without focusing on those issues first. Town Manager Hoskovec
referred to a pile of e-mails that have accumulated in the last nine (9) months that he has to answer on a daily
basis and stated that it is difficult to get the job done. Town Manager Hoskovec stated that he believes a lot
of this stems from past incidents and he cannot address the past. Town Manager Hoskovec stated that he
took the commitment from the Town Commission that they were going to allow him to run the day-to-day
operations of the Town, there was not going to be interference.
Town Manager Hoskovec stated that he received his first hate mail at home this weekend and advised that he
has an unlisted address. Town Manager Hoskovec reviewed the mail (See Attachment #3).
Town Manager Hoskovec asked that the Town came together and agreed that sometimes we are going to
disagree on things and we need to move forward, we need to work together and stop this fighting and
focusing on the past and let’s move forward.
Commissioner Walters asked Town Manager Hoskovec if he considers someone sending him a newspaper
article saying, 10% is too much and hiring 2 finance clerks hate mail? Isn’t that a little sensitive? Commissioner
Walters stated that he does not consider this to be hate mail. Commissioner Walters stated that when he,
Commissioner Crispen and Commissioner Guglietta were first elected, they said they wanted him to run the
day-to-day operations of the Town. Commissioner Walters read from the Town Charter, “This office shall
be headed by a Town Manager who shall be appointed by the Town Commission on the basis of his executive
and administrative qualifications. The Town Manager shall be the Chief Administrative Officer of the Town and
shall be directly responsible to the Commission for all Town affairs placed in his charge by this Charter or by
ordinance or resolution. Commissioner Walters stated that he knows he has sent 15 or 20 e-mails, and that
he asked for a one (1) hour meeting with the Town Manager and tried to have a meeting with the Town Manager
and was in his office and within seven (7) minutes they were interrupted and within 20 minutes they had been
interrupted four (4) times and finally, at the 20-minute mark, the Town Manger received a telephone call, and
said he would be another 10 minutes. Commissioner Walters stated that he does not appreciate what the
Town Manager has done tonight.
Commissioner Walters asked if the Police Chief has been hired? Town Manager Hoskovec stated that she is
not hired. Commissioner Walters stated that she is not hired, she is not sworn in and now we have a fourth
sergeant, when 3 are budgeted. Commissioner Walters stated that allowing our Police Chief, who is not hired
by the Town yet wear our uniform, badges, and drive our vehicles, if she is injured or killed, who would be
responsible? Commissioner Walters stated that the Town will.
Town Manager Hoskovec stated that she is not chief yet because she still has some time to do down south
and by Florida law she cannot be sworn in two (2) places at the same time. Town Manager Hoskovec stated
that in the meantime, the Town can utilize her expertise as a consultant, which is what we have been doing.
Mayor Wille stated that the item on the agenda was to discuss the Town Manager’s evaluation and there are
others on the Commission and this discussion can go on and on.
Vice Mayor Smith stated that she has not completed the Town Manager’s evaluation yet and recommended
that the Town Manager’s evaluation be put on the regular October meeting agenda.
Mayor Wille stated that everything does not have to be done in writing, as written responses take time to put
together, and some things can be done through a telephone call.
Mayor Wille opened the meeting for public comment.
Jason Steele, 701 Pine Street, commented that this is nonsense and that he is embarrassed as a citizen of
this Town that this is going on. Mr. Steele stated that he has known Commissioner Walters for a long time
and he respects him, but, what he is going through is his problem and he has no right to be reprimanding the
Town Manager of Melbourne Beach, only the Commission of this Town has the right to reprimand the Town
Manager. Mr. Steele stated that the reason why the new Police Chief, who is so highly qualified doesn’t
want to come here is because of nonsense like tonight.
Paul Guglietta, 318 Fourth Avenue, commented that he echoes the remarks of Mr. Steele as Bill was chosen
as he can do the job. Mr. Guglietta stated that he feels the Town Manager has not been given the support by
the Town Commission that he should. Mr. Guglietta stated that the Town Manager has his support as a
citizen, 150%.
Julie Kinzer, 502 Atlantic Street, commented that she wishes we could move on and cherish all our
accomplishments and be happy and not wallow in events and problems of the past. Ms. Kinzer stated that
she does not want to see any inarticulate, poorly worded articles in the Florida Today newspaper airing the
Town's dirty laundry. Ms. Kinzer recommended that the Town deal with issues between individuals in a
private manner.
Dennis Gough, 1706 Orange Street, stated that he thinks the Town Manager did an excellent job in his
selection of the Police Chief and advised that he was a police officer for 22 years and that he has been a
resident for 5 and one-half years and has noticed a total turn around in the Police Department, particularly
the attitude.
Gretchen Sauerman, 406 Atlantic Street, commented that as a resident when she looks at the inefficiencies
and amount of labor dollars cost to be spending our energy in minutia is frustrating. Ms. Sauerman stated
that she would like to see us put ourselves together and if there is some underlying friction, The Town needs
to get that documented and operate as a corporation and be efficient.
Donnie Price, 416 Fourth Avenue, commented that the problem he has observed this evening, is a very common
problem in organizations. Mr. Price commented that it is a problem of policy makers or legislatures interacting
with an administrator, it happens all the time and somehow, we have to give the Commission some training on
how to effectively carryout their responsibilities.
Mr. Price stated that the Commission appoints the Town Manager, but, it is the Commission, not any individual
Commissioner and no Commissioner has any authority in and of his or her self, you only have authority as a
Commission. Mr. Price advised that when you give that authority to an administrator, in a small organization
like Melbourne Beach, with limited staff, there is no way that 5 or 6 people can every day send e-mails to the
Town Manager because when you put something in writing, you cannot answer it off the cuff, you have to give
thought and consideration to your answer and that takes away from everything else you are required to do.
Mr. Price stated that no Commissioner has the authority to supervise the Town Manager.
Commissioner Walters asked Mr. Price if he believes the Town Manager is required to follow the rules,
regulations and policies of the Town? Mr. Price stated, absolutely and the President of the United States
has to answer to the legislators as a group, not as individuals.
Susie Stark, 307 Fifth Avenue, stated that this is American Civility week in public schools and stated that
her favorite expression is the “three R’s”, respect, responsibility and reasonable and hopes that the Town
Manager and Commission will move this Town forward using those “three R’s”.
Dave Raymond, 321 Second Avenue, commented that this Town has great potential and it’s why our property
values are where they are, the schools are great, the people here as a general population are real nice people,
we are making great progress, our park is better, our library is opening soon and it is spectacular. Mr. Raymond
commented that the Town needs to leave this as a business and drop the infighting and back stabbing. Mr.
Raymond commented that this Town is better than that and we all need to do a better job, we need to run the
Town like a business and do it professionally. Mr. Raymond commented that the Town Manager seems to be
doing a great job.
Mickey Collins, 803 Riverside Drive, and a Parks Board member commented that he did not meet the Town
Manager until he was hired and that he has been a tremendous help with the Board regarding the park and
Founders Day. Mr. Collins commented that Bill truly loves this Town and his job. Mr. Collins stated to
Commissioner Walters that he seems to have an ax to grind with the past Town Manager and our current
one and it seems to be a shame and he should let dead dog’s lie.
Commissioner Walters stated that he made the motion and argued to hire Bill to be the Town Manager.
Commissioner Walters stated that he did not like the Town Manager making accusations, broad and
open-ended before the Town Commission was to discuss his evaluation.
Commissioner Walters stated that he wants this Town to move forward. Commissioner Walters stated that
you can’t fix the present and go forward if you made mistakes in the past and don’t know what they are
and are not going to do anything about them, first you have to look at those mistakes and see why they
happened. Commissioner Walters stated that those mistakes costs these residents $250,000 of taxpayer’s
money. Commissioner Walters stated that he is trying to make sure that we do what the people of this
community said we were to do, we set the rules and policies to follow and if he has a disagreement, he’ll
go to the Town Manager and if he has a question, he’ll e-mail and he’ll continue to e-mail him.
Susan Simos, South Melbourne Beach resident and Vice President of Friends of the Library thanked the
Town Manager for everything he has done for the library and that the Town has been of great assistance.
Mayor Wille stated to the audience that from these comments, you are pleased with the direction the Town
is heading, although disagreements take place, it is the will of the majority of the Commission that takes this
Town in that direction.
III. DISCUSSION AND POSSIBLE ACTION REGARDING TOWN NEWSLETTER POLICY (VICE MAYOR SMITH)
Vice Mayor Smith stated that in the last newsletter, Commissioner Crispen put a couple of articles and she
received two (2) telephone calls from residents who felt these articles were political. Vice Mayor Smith
stated that what may be political to someone may not be to someone else.
Vice Mayor Smith stated that on Page 58 of the policy manual it reads, “any materials by or on behalf of or any
legally declared candidates for public office cannot be put in the newsletter”. Vice Mayor Smith stated that this
is not really clear. Commissioner Smith stated that there is a form that needs to be completed and approved
for newsletter articles. Vice Mayor Smith stated that putting the newsletter together is not in anyone’s job
description. Mayor Wille stated that it has been verbally discussed that the Town Clerk does the newsletter.
Vice Mayor Smith commented that we may have a problem asking staff to read an article and decide if it is
political or not.
Mayor Wille stated it is interpretation, it’s election time, and how do we ask our staff to decide what is
political and put them in the middle of this? Mayor Wille stated that this seems unfair and commented
that the Town Commission should not write articles for the newsletter.
Vice Mayor Smith stated that she would like to see an article of what action the Town Commission took on
items and take the Commission out of submitting articles for the newsletter unless it is by the majority
consensus of the Commission.
Commissioner Crispen clarified that he wrote two (2) articles for the last newsletter, one was cut down
about 70% and in his e-mail to the Town Clerk, my last line was, “thanks, if you can't do this, please
let me know”. Commissioner Crispen stated that his articles were patterned closely off of articles written
in a prior newsletter and that he was very careful to consider the topic he wrote because he suspected that
this would become an issue in this year’s campaign. Commissioner Crispen stated that we are talking
about the content of an article in the newsletter instead of the real issues that are facing the Town.
IT IS THE CONSENSUS OF THE TOWN COMMISSION THAT ALL COMMISSION ARTICLES FOR THE
NEWSLETTER ARE FROM A CONSENSUS OR MAJORITY OPINION OF THE COMMISSION AND THERE
WILL BE A LIST OF ACTION ITEMS OF PREVIOUS MEETING AND IDENTIFY IN THE POLICY THE
INDIVIDUAL AS TO WHO WILL HOLD THE TITLE AS NEWSLETTER EDITOR AND THE APPROVAL
SHEET WILL BE THE COVERSHEET FOR ALL NEWSLETTER ARTICLES.
Commissioner Walters stated that the calls he received dealt with the rules, and the rules say, “no materials
of any kind will be placed in the newsletter by a legally declared candidate for public office.” Commissioner
Walters stated that it is not to be accepted after 4:00 p.m. on the Friday before and this one was accepted,
not only after that deadline, but was submitted way after the deadline and accepted the following Thursday
morning because it was sent at 8:30 or 8:40 at night. Commissioner Walters stated that Mr. Guglietta took
exception to this being in the October/November newsletter when the election is coming up.
Mr. Guglietta, 318 Fourth Avenue stated that on Page 57 the policy says, “the following will not be accepted
for posting on the website, bulletin board, e-mail or newsletter: any materials by or on behalf of any legally
declared candidates for public office.” Mr. Guglietta referred to Commissioner Crispen’s article and stated
that it is a slap in the face to the Commission to say that, "there are only four (4) working Commissioners,
we must be even more accessible to you than before". Mr. Guglietta stated that we are either going to
follow the rules or throw the book in the trash can.
Gretchen Sauerman, 406 Atlantic Street, stated that the beach comber is a wonderful newsletter, she
looks for to receiving it. Ms. Sauerman commented that we don’t view things as political if you agree with
them and things don’t become political until we get close to an election.
Vice Mayor Smith verified that the October regular Town Commission meeting will be held on Wednesday,
October 23, 2002 and thanked that Commission for delaying the meeting one week to accommodate her vacation.
Town Manger Hoskovec stated that political signs cannot go up until October 6, 2002. Town Attorney
Gougelman advised that the Town can limit the signs as to size or number, but when you tell someone
they cannot put up a sign that has a political message on it, you are getting into first amendment rights
and to say they can only put a sign up 30 days before an election to say they are supporting someone
is treading on the first amendment rights.
IV. ADJOURNMENT
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER CRISPEN TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The special meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 8:50 p.m.
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ROBERT D. WILLE, MAYOR
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CYNTHIA E. MASNY, CMC
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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