TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - REGULAR MEETING
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WEDNESDAY
October 23, 2002
7:00 p.m.
COMMUNITY CENTER
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A regular meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by
Mayor Wille at 7:00 p.m. on Wednesday, October 23, 2002 in the Community Center. Mayor Wille also led
the Pledge of Allegiance to the Flag.
Present:
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Mayor Wille
Vice Mayor Smith
Commissioner Crispen
Commissioner Walters
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Others Present:
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Town Attorney Gougelman
Town Manager Hoskovec
Gordon England, Creech Engineers
Jack Rood, Rood & Zwick, Inc.
76 members of the public
Town Clerk Masny
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I. CHANGES TO THE AGENDA
Town Manager Hoskovec requested that agenda Item VIII. A. be removed from the agenda this month and stated
that it will be brought back to the Town Commission at a later date.
II. PRESENTATIONS BY SPECIAL GUESTS
A. PRESENTATION OF KATHLEEN MURELLO AS MELBOURNE BEACH POLICE DEPARTMENT'S
"OFFICER OF THE MONTH" FOR SEPTEMBER 2002.
The Town Commission and future Police Chief Loizzo presented Kathleen Murello the award of Melbourne Beach
Police Department’s “Officer of the Month” for September 2002
B. PRESENTATION OF CARMINE SINISCAL AS MELBOURNE BEACH POLICE DEPARTMENT'S
"OFFICER OF THE MONTH" FOR OCTOBER 2002
The Town Commission and future Police Chief Loizzo presented Carmine Siniscal the award of Melbourne Beach
Police Department’s “Officer of the Month” for October 2002.
C. GREG MINOR, CONSTRUCTION COORDINATOR, BREVARD COUNTY PARKS AND RECREATION
DEPARTMENT, PRESENTATION OF FLUTIE FIELD PROJECTS.
Jack Masson and Greg Minor, Brevard County Parks and Recreation Department reported that the County is
currently at the 90 percent mark on the construction drawings for Flutie Field and the project budget is currently
$958,000.
Mr. Minor advised that the County will renovate four (4) ball fields and install new lights in three (3) of them. Mr.
Minor stated that there will be new lights at the new soccer field, along with a new two-story restroom, concession
building, and improvements to the irrigation system. Mr. Minor reported that there will be new dugouts, and
new playground equipment. Mr. Minor reported that the County received a grant in the amount of $10,000 to plant
new trees, which will be used as a buffer. Mr. Masson reported that the County is scheduled to start construction
during the summer of 2003.
D. DISCUSSION AND POSSIBLE ACTION REGARDING RECOMMENDATION OF AWARD OF BID FOR
THE MELBOURNE BEACH MUNICIPAL COMPLEX - JACK ROOD, ROOD & ZWICK, INC
Jack Rood, Rood & Zwick came forward and stated that six (6) contractors bid on the municipal complex project and
advised that five (5) of the six (6) bids received with alternates were within the budget. Mr. Rood stated that the low
bidder is Doug Wilson Enterprises, Inc. of Cape Canaveral and recommended acceptance of the bid from Doug
Wilson Enterprises, Inc., plus alternates.
Town Manager Hoskovec reported that the asbestos abatement for the fire department can be bid through the
contractor and the Public Works Department may be able to do the landscaping plan as it was not bid with the project.
Vice Mayor Smith asked if Doug Wilson can perform the asbestos abatement? Mr. Rood stated that since the bids
were received within the budget, and the tricky situation with the phasing of the building, it would be best to have
Doug Wilson coordinate the activity of all contractors, including the asbestos abatement contractor as he is familiar
with the procedure for asbestos abatement. Vice Mayor Smith stated that she knows Doug Wilson to be a good
contractor.
Mayor Wille asked Town Manager Hoskovec to review, from a budget standpoint, what the proposal is and what
has been approved through the budget and voter referendum for this project.
Town Manager Hoskovec explained a bond issue was passed for $1.85 million for construction and the Town
Commission had set aside up to $600,000 of Town funds, if necessary to complete the project. Town Manager
Hoskovec stated that the Town has $2.485 million to do the project and has a bid for $1.6 million, which gives the
Town the luxury to take the money set aside from the general fund and putting it back into the reserves.
Mayor Wille stated that the exact amount is 1,682,095 plus the cost of the asbestos abatement. Mr. Rood stated
that the construction budget is $2 million, there is $100,000 for construction contingency, the data and telephone
systems are budgeted independently, and furnishings and equipment are also budgeted separately. Mr. Rood
stated that it was all totaled up to $2.4 million and the low bid gives the luxury of being under the overall project budget.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER CRISPEN TO AWARD THE BID OF
$1,682,095.00 TO DOUG WILSON ENTERPRISES TO CONSTRUCT THE MUNICIPAL COMPLEX.
VOTE: ALL AYES. MOTION CARRIED.
III. NON-SCHEDULED CITIZEN COMMENTS (3-MINUTE LIMIT, PLEASE)
Paul Guglietta, 318 Fourth Avenue commented that the Town received a letter from an employee advising that she
wanted to bring a civil liability suit against the Town. Mr. Guglietta asked if the Town Commission members received
a copy of the letter or know about it? Mr. Guglietta stated that he asked for a copy of it and was told that it was not
public record. Mr.Guglietta stated that he talked to the Town Attorney and then received a copy of the letter. Mr.
Guglietta asked how does the Town get this information to the residents so that they know there is a possible lawsuit?
Mayor Wille asked Town Attorney Gougelman to explain these types of letters and what the legal procedures are.
Town Attorney Gougelman stated that generally speaking, if someone wishes to make a claim against the Town or
private individuals or private corporation, they hire an attorney and send what is known as a demand letter. Town
Attorney Gougelman stated that the letter Mr. Guglietta is referring to is a demand letter, without a demand. Town
Attorney Gougelman stated that usually there is a demand for something in particular such as a promotion
or money. Town Attorney Gougelman stated that he contacted the employee’s attorney and was advised that
the employee's major concern is that they felt their position was going to be eliminated, but it was retained in the
new budget. Town Attorney Gougelman stated that the employee's attorney advised that the Town may need to
pay for the employee's attorney fees. Town Attorney Gougelman advised that the attorney also advised that very
soon there will be a more formal demand letter sent asking for specific things.
Town Attorney Gougelman stated that after the demand letter comes in, a copy is sent to the Town's insurance
carrier to see if it is covered under the Town's insurance policy. Town Attorney Gougelman stated that we are
waiting to see what they want and that there is no lawsuit yet. Town Attorney Gougelman stated that we don’t
know what the demand is yet either.
Mr. Guglietta stated that this answers his questions.
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IV. APPROVAL OF MINUTES: SEPTEMBER 17, 2002 BUDGET PUBLIC HEARING
SEPTEMBER 18, 2002 REGULAR MEETING
SEPTEMBER 25, 2002 BUDGET PUBLIC HEARING
SEPTEMBER 30, 2002 SPECIAL MEETING
Mayor Wille asked that in the minutes of September 27, 2002 the last sentence under Agenda item B. on Page 1
be changed to read as follows, "Town Manager Hoskovec stated that last year there was a carryover in this line
item and the Town Commission requested that the millage rate for the library reflect the taxes to make the minimum
library land payments without creating excess reserves".
Mayor Wille stated that he was not in attendance at the September 25, 2002 budget public hearing and could not
respond, but asked to respond to Commissioner Walter's statement on Page 3., "Commissioner Walters stated
when people say how fiscal responsible we are, keep in mind that since 1998 we have increased the electric bill
from $1.60, maximum to 6.65% of the total bill, then we, the Town added 6.65% of the cell telephone, cable television,
satellite dish, and portable gas taxes and this is where all this money is coming from. Commissioner Walters
stated that it is said that the Commission is so frugal, it is not, it is because since 1998, it has added hundreds
of thousands of dollars to the tax bill, although the Town Commission is not increasing the ad valorem taxes."
Mayor Wille stated that the other side of the story is that as a result of an Attorney General's opinion, the way the
Town was collecting the utility tax at that time was illegal and improper and the Town responded to that by fixing it
by just making it the 6.65%, and this did create additional revenues and this rate was still lower in comparison to
the majority of the municipalities, which had a 10% rate. Mayor Wille stated that through proper fiscal management,
the reserves have increased, which will help build the capital reserves.
Vice Mayor Smith stated that she has noted some typographical errors and will present them to the Town Clerk
for correction.
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER CRISPEN TO APPROVE THE MINUTES OF
SEPTEMBER 17, 2002 AND SEPTEMBER 25, 2002 AS CORRECTED.
VOTE: ALL AYES. MOTION CARRIED.
Commissioner Walters stated that the $1.60 on the electric and utility bill was unlawful and needed to be a
percentage and the Commission could have made this percentage a lot lower.
V. REPORTS BY ANY TOWN BOARD OR COMMITTEE SUBMITTING A REPORT
Ann Downing, Secretary of the Williams Building Ad Hoc Committee addressed the Town Commission and thanked
them for all of their support on the Williams Building project. Ms. Downing reported that on July 31, 2002 the roof was
started and that the Committee holds work parties every Saturday morning with all volunteer workers. Ms. Downing
reported that they have removed everything from the interior of the building and are ready to renew the old walls
and paint them and hope to have the copula back on top of the building. Ms. Downing reported that the Committee
is collecting artifacts and information and have interviewed eight (8) long-term residents on video. Ms. Downing
reported that the Committee needs photos of the old bathhouse on Ocean Avenue.
Donnie Price, Parks Board Chairman reported that the Parks Board has Halloween activities planned for October 31,
2002 from 3:00 p.m. until 6:00 p.m. in Ryckman Park. Mr. Price reported that the events include treats, light music,
and the Police Department will be giving out glow sticks to the children. Mr. Price reported that the final concert with
classical music will be held on November 2, 2002 and in December there are plans for a Christmas concert with Dan
Wilborn. Mr. Price stated that he will present a packet of activities from December through Founder’s Day for the
Town Commission to approve. Mr. Price stated that the Christmas tree lighting ceremony and parade have been
scheduled for December.
Mayor Wille advised Mr. Price that the Brevard Cultural Arts would be a good group to communicate with for
cultural opportunities for the community.
VI. CONSENT AGENDA
A. REAPPOINTMENT OF SHERYL ALBERGA, BETSY BAIRD, ANN DOWNING, LAURIE SIMMONS, PAULA
MCNUTT AND ESTHER ZIMMER TO THE WILLIAMS BUILDING AD HOC COMMITTEE WITH A TERM
OCTOBER 23, 2002 THROUGH APRIL 23, 2003.
B. REAPPOINTMENT OF DAVID CAMPBELL TO THE PLANNING AND ZONING BOARD WITH A TERM
OCTOBER 23, 2002 THROUGH OCTOBER 23, 2005.
C. APPROVAL OF EMPLOYEE HOLIDAYS TO BE OBSERVED FOR CALENDAR YEAR 2003.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER CRISPEN TO APPROVE THE CONSENT
AGENDA AS PRESENTED: REAPPOINT SHERYL ALBERGA, BETSY BAIRD, ANN DOWNING, LAURIE
SIMMONS, PAULA MCNUTT AND ESTHER ZIMMER TO THE WILLIAMS BUILDING AD HOC COMMITTEE
WITH A TERM OCTOBER 23, 2002 THROUGH APRIL 3, 2003; REAPPOINT DAVID CAMPBELL TO THE
PLANNING AND ZONING BOARD WITH A TERM OCTOBER 23, 2002 THROUGH OCTOBER 23, 2005; AND
APPROVE THE EMPLOYEE HOLIDAYS TO BE OBSERVED FOR CALENDAR YEAR 2003 AS PRESENTED.
VOTE: ALL AYES. MOTION CARRIED.
VII. OLD BUSINESS:
A. DISCUSSION AND POSSIBLE ACTION REGARDING THE TOWN MANAGER'S PERFORMANCE
EVALUATION.
Mayor Wille stated that when the Town hired the Town Manager, it was part of his contract to give him feedback
rather than an annual review. Mayor Wille noted that the contract calls for an evaluation at three (3) months and
six (6) months during his first year of employment to give him some immediate feedback. Mayor Wille stated that
the Town Commission provided in the budget the ability to provide the Town Manager a raise in addition to what his
contracted amount is.
Vice Mayor Smith stated that the Town Manger started at a salary lower than originally discussed and that she is
happy with the Town Manager's performance and feels he has done an excellent job.
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER CRISPEN TO INCREASE THE TOWN MANAGER'S
SALARY TO $57,000, RETROACTIVE TO OCTOBER 1, 2002 THROUGH OCTOBER 1, 2003.
VOTE: ALL AYES. MOTION CARRIED.
Commissioner Walters stated that originally he rated the Town Manager as, "very good" as well and when he was
first hired, all candidates wanted $55,000-$60,000 to start and because he had no specific experience as a Town
Manager, the Commission decided to start him at $52,000. Commissioner Walters stated that he is not in favor of
a 10% increase and stated that he does not believe anyone should get a raise after six (6) months of employment.
COMMISSIONER WALTERS MOVED TO AMEND THE MOTION TO MAKE THE SALARY INCREASE SIX (6)
PERCENT. THE MOTION DIES FOR LACK OF A SECOND.
Mayor Wille concurred with all of the statements and that the Town Commission held a lot of interviews to find
Mr. Hoskovec and the Town advertised a salary of up to $60,000. Mayor Wille stated that he has done an
exemplary job and would support the motion.
Commissioner Crispen stated that he was eager to bring Mr. Hoskovec in at lower rate because he lacked City
Manager experience. Commissioner Crispen stated that he has proven himself to be a very effective administrator
with a very high work ethic and the Town needs to retain this type of quality employee.
Commissioner Walters stated that this increase will be retroactive from October 1st and asked if this increase will
be through the next fiscal year, a year from now? Vice Mayor Smith stated that she believes it will be until the
next fiscal year because of the budget.
Paul Guglietta, 318 Fourth Avenue stated that he picked up a copy of all of the evaluations and that he agrees with
the evaluation 100 percent and that Mr. Hoskovec is worth every penny the Town will pay him in the next year.
Susie Stark, 307 Fifth Avenue commended the Town Commission on the job they did on the evaluations as they
were done in a timely manner, with constructive feedback. Ms. Stark stated that she believes we have learned our
lesson and is pleased that the Town is moving in a positive direction and she believes the Town Commission made
a good choice in Mr. Hoskovec as the Town Manager.
B. DISCUSSION AND POSSIBLE ACTION REGARDING THE CREATION AND IMPLEMENTATION OF
A LOCAL GOVERNMENT INTERLOCAL PLANNING AGREEMENT
Town Manager Hoskovec stated that this agreement came from the State and asked Town Attorney Gougelman to
explain the agreement. Town Attorney Gougelman stated that the polls show that the people in this state believe
that education is the single most important topic as opposed to previous years. Town Attorney Gougelman stated
that the agreement represents the product of the last two (2) legislative sessions regarding growth management.
Town Attorney Gougelman stated that the agreement will tie together the areas of growth management and the
school system. Town Attorney Gougelman stated that the new legislation calls for every local planning agency to
have a school board official serving on that agency and the school board will have a right to appoint a member to
serve with the local planning agency, which member will be advisory and not a voting member. Town Attorney
Gougelman reported that as school facilities are permitted due to growth, someone from the school board will
probably appear at these meetings. Town Attorney Gougelman stated that this agreement will be sent to all
municipalities with a public school in its boundaries and some cities are approaching the County to make
changes to this agreement. Town Manager Hoskovec stated that he supports a recommendation that the Town
Commission accept this agreement.
COMMISSIONER CRISPEN MOVED, SECOND COMMISSIONER WALTERS TO APPROVE THE LOCAL
GOVERNMENT INTERLOCAL PLANNING AGREEMENT.
VOTE: ALL AYES. MOTION CARRIED.
C. DISCUSSION AND POSSIBLE ACTION REGARDING THE PELICAN KEY AND
ANCHOR KEY PROJECT.
Town Manager Hoskovec stated that for some time, residents in the Pelican Key and Anchor Key areas have been
asking for relief from stormwater problems and as the grant work on project was started, the residents of the area
were concerned and upset regarding the project. Town Manager Hoskovec stated that he thought it best to bring this
back to the Town Commission for discussion and direction.
Amy Adams, Cape Canaveral Scientific, came forward and gave background on the grants obtained for the stormwater
project. Ms. Adams stated that the Town received approximately $88,000 through a 319 grant, $25,000 through a St.
Johns River Water Management District grant, and the remainder of the funds are from the Town through a cash match.
Gordon England, Creech Engineering stated that several public meetings were held regarding the project and that he
was the lead engineer for Brevard County stormwater utility for about 10 years and that he has dealt with many
project which were geared toward cleaning the stormwater going into rivers and canals. Mr. England stated that
he met with the Harbor East Homeowners Association and discussed pollution problems in the canals. Mr. England
reported that in the grant applications, the State and Water Management District did not want to see more pollution
in the canals, and the Town had to make assurances this would not happen through the design of the project. Mr.
England stated that he designed an exfiltration pipe that will take the water off of the street and put it into the ground
for filtration. Mr. England reported that this design was chosen because the cost stayed within the grant budget and
the design was one of the simplest way to meet the grant construction requirements.
Mr. England stated that during the process, he held several meetings with the homeowner's association and had
letters sent to all property owners on Anchor and Pelican Key. Mr. England stated that he held meetings in September
and toward the end of last year and the meeting attendance was low and he did show plans to the homeowners as to
what was to be done in their yards. Mr. England stated that he tried to communicate to the residents as much as he
could about the project.
Mr. England presented the project plans and discussed the residents' concerns regarding the proposed concrete
flumes, the eyesore of the flumes, the location of the water lines, curbing, landscaping and their driveways. Mr.
England stated that he has been looking at alternatives to the designed flumes to soften the impact in the yards
and presented drawings regarding these alternatives.
Mayor Wille stated that it is his understanding that the flumes are the greatest objection to the Community. Mr.
England stated that this is his understanding also, but some do not want pipes and exfiltration trenches in their yards.
Commissioner Walters stated that the flume was one of the objections, but, the total destruction of the front yards
was another complaint. Commissioner Walters stated that there is no way to make this project nice with this
design, in one case, the flume is so close to a driveway that it will undercut the driveway and the owners will have
to replace it. Commissioner Walters stated that the residents would be satisfied with an additional manhole with the
grate part out near the road, and with having the manholes covered. Mr. England stated that this could be done in
six of the eight locations where there is not a waterline problem.
Mayor Wille opened the meeting for comments from the public regarding this project.
Vickie Freece, 408 Anchor Key addressed the Town Commission and stated that the residents agree that they do
have a drainage problem and support the exfiltration system, but her major concerns regarding the project are that
she did not understand the impact the system would have on her yard as it will create a gully in the middle of her
yard and she is concerned with the safety hazards. Ms. Freece asked that the Town Commission listen to the
neighbors and hopefully the Town can put up more money into the project. Mayor Wille asked Ms. Freece if she
attended the meetings regarding the project? Ms. Freece advised that she attended some meetings, but not all.
Mayor Wille stated that he was not at the meetings and did not know what was presented by the engineers and
staff and asked what was presented at the meetings regarding the plans? Ms. Freece stated that she was not
aware, nor were her neighbors aware of what the impact would be to their lawns with the cement flumes.
Joel Stein, 402 Pelican Key addressed the Town Commission and stated that he was at the meeting last September,
and at no time was it brought to his attention that the inlet would be placed back eight (8) or ten (10) feet from curb.
Mr. Stein stated that the elevation of his yard is higher than the proposed elevation of the inlet. Mr. Stein stated
that no one came to his house to advise him what was going to happen to his yard and that he has a massive hole
in his front yard.
Brent Peoples, 417 Anchor Key addressed the Town Commission and stated that he has photos of "before" and
"after" and that he was told his yard would be put back the same as it was and stated that there is no way this will
happen. Mr. Peoples stated that there needs to be something aesthetically pleasing at the curb area. Mr. People
expressed concern over the safety of a two (2) foot drop into a metal grate. Mr. Peoples stated that the homeowners
have done their part to live with the drainage and asked that the Town to do something a little more aesthetically
pleasing with this project. Mr. Peoples stated that they were never presented with information on what the project
was to look like.
John Ferrell, 419 Anchor Key addressed the Town Commission and pointed out that the contractor has told us that
the work in his area will be done last and because the work stopped, he has a torn up lawn and is in a limbo situation.
Richie Richards, 412 Anchor Key addressed the Town Commission and asked about the budget for the project and
stated that the curb appeal and depreciation in value of some of the homes will exceed the value of the dollar spent
on project. Mr. Richards stated that the aesthetics need to be addressed.
Jane Metha, 415 Anchor Key addressed the Town Commission and stated that she is above the water and flooding
and when it rains, she has no water collection in front of her house and the water will bypass her property and she
cannot understand how the project will benefit her. Ms. Metha stated that project will destroy her landscaping and
that she can drop an apple through these grates and children ride bikes on the grass and can get hurt. Ms. Metha
stated that she is really busy and did not read the newsletters or receive any letters regarding the meetings.
Mayor Wille stated that this Commission has always tried to engage the community regarding Town projects and that
he is frustrated that we have gone through years of dialog and notices and meetings presented to the community, and
now we have awarded bids, materials are ordered and yards are dug up and now we stop the project. Mayor Wille
stated that had one (1) person said "no, this will do too much", we would have had further investigation and looked
at other options during the preliminary process.
Rose Marie Meerbott, 406 Anchor Key addressed the Town Commission and stated that she came to meetings and
tried to ask and understand, but could not picture anything like this project.
Agnes Brown, 407 Pelican Key addressed the Town Commission and stated that her yard will look like a battleground
and stated that there are options that can be done well.
Donnie Price, 506 Harland Avenue addressed the Town Commission and stated that he has friends who live on these
streets and stated that the Town Commission has his permission to spend what it takes to make this area beautiful.
Mayor Wille brought the discussion back to the Town Commission for discussion with Mr. England and the project
contractor. After a discussion regarding the project and the work that has already been performed on the project,
Mr. England stated that the contractor will restore all landscaping and trees, sprinkler lines and restore as much
he can prior to an approved revised plan.
Commissioner Crispen stated that the Town Commission does not know what type of revised plan would be agreeable
to residents and the Town Commission is not insensitive to the desires of the residents, but, we will not be successful
tonight if we discuss this further. Commission Crispen stated that he could not vote for any change in any plan
unless all affected residents sign off on the plan. Commissioner Crispen stated that we need to hold a special
meeting to discuss this and invite the residents, the engineer, and contractor to discuss the project.
Commissioner Walters asked how long it would take to have the engineer meet with the residents, get an agreeable
plan and obtain a cost estimate from the contractor?
Mr. England stated that he has a proposed redesign of the project that addresses the concerns and he can meet
as early as tomorrow with the residents and have final alternative plans drawn up any time next week.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER CRISPEN TO WAIVE THE 10:00 P.M.
ADJOURNMENT TIME AND ADJOURN AT 10:30 P.M.
VOTE: ALL AYES. MOTION CARRIED.
The Town Commission discussed coordinating a meeting with the residents and if a plan is agreed upon, the
engineer is to draw up a plan for the contractor to review the revisions and provide a cost estimate for the changes
and the Town Manager should review the budget to check for funding opportunities.
COMMISSIONER WALTERS MOVED, SECOND VICE MAYOR SMITH THAT THE TOWN COMMISSION MEET
AT 5:00 P.M. ON MONDAY, OCTOBER 28, 2002 TO RESOLVE THE ISSUES OF THE ANCHOR KEY AND
PELICAN KEY DRAINAGE PROJECT.
VOTE: ALL AYES. MOTION CARRIED.
VIII. NEW BUSINESS:
A. DISCUSSION AND POSSIBLE ACTION REGARDING A SERVICE AGREEMENT BETWEEN THE TOWN
OF MELBOURNE BEACH AND LINDA LOIZZO.
Town Manager Hoskovec requested that this agenda item be withdrawn until a later date.
B. DISCUSSION AND POSSIBLE ACTION REGARDING LEASE AGREEMENT FOR COPY MACHINES
FOR THE TOWN OF MELBOURNE BEACH.
Town Manager Hoskovec stated that he brought this to the Town Commission for approval because it was brought
to his attention that he may have violated Town rules by allowing a lease agreement for the copy machines and
asked for clarification from the Town Commission as how to handle items such as this that are budgeted items.
Commissioner Walters asked Town Attorney Gougelman how the Town Manager can enter into a lease agreement
on an item that is not a budgeted item and over the cost of the purchasing agreement?
Town Attorney Gougelman stated that the Charter talks about the Town Manager having the power to endorse or
execute agreements on behalf of the Town. Town Attorney Gougelman stated that if the authority is given to the
Town Manager he can sign on behalf of the Town. Town Attorney Gougelman stated that the authority the Town
Commission delegates can come by a voice vote to approve a specific contract, be in the purchasing provision in
the Town code, or be by resolution or vote delegating authority to the Town Manager to sign purchase orders for
up to a specific amount. Town Attorney Gougelman stated that a lease agreement is a gray area and it needs
to come before the Town Commission for further discussion and a possible policy amendment.
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER CRISPEN TO APPROVE THE LEASE AGREEMENT
FOR THE TOWN HALL COPY MACHINES.
VOTE: ALL AYES. MOTION CARRIED.
C. DISCUSSION AND POSSIBLE ACTION REGARDING AMENDMENTS TO THE TOWN'S POLICIES AND
ADMINISTRATIVE PROCEDURES MANUAL.
Town Manager Hoskovec stated that on September 30, 2002 the Town Commission directed staff to revisit this
chapter and the changes are in the agenda packet.
Vice Mayor Smith stated that on Page 57, it reads that the Town Clerk shall review submission within four (4) working
days and asked if four (4) days are enough? Town Clerk Masny stated that usually by the deadline most of the
newsletter information is in and that she feels this is plenty of time for review.
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER WALTERS TO APPROVE THE AMENDMENT TO
CHAPTER 21 OF THE TOWN'S POLICIES AND ADMINISTRATIVE PROCEDURES MANUAL
VOTE: COMMISSIONER WALTERS, AYE. VICE MAYOR SMITH, AYE. COMMISSIONER CRISPEN, NAY.
MAYOR WILLE AYE. MOTION CARRIED.
Commissioner Crispen stated that this restricts communication from the Commission to the public and he believes
this is not the best solution. Commissioner Crispen stated that to restrict the submission of any articles by a
Commissioner for the newsletter is a mistake.
Vice Mayor Smith stated that the Town Clerk and Town Manager should not be put into a position of deciding what
is a political article and it is a good idea to eliminate individual Commissioners the ability to submit articles for the
newsletter.
IX. REPORTS:
A. TOWN ATTORNEY
There was no Town Attorney report.
B. TOWN MANAGER
Town Manager Hoskovec stated that he has submitted a written report to the Town Commission
C. TOWN COMMISSION
Commissioner Crispen stated that the Space Coast League of Cities needs a list of legislative priorities from the
Town to include in its submission to the Florida League of Cities and asked that the Town Commission give their
ideas to the Town Manager.
MAYOR WILLE PASSED THE GAVEL AND MOVED, SECOND COMMISSIONER CRISPEN TO EXTEND THE
REGULAR MEETING AN ADDITIONAL THREE (3) MINUTES.
VOTE: ALL AYES. MOTION CARRIED.
Mayor Wille thanked everyone and stated that it has been a pleasure being Mayor and Commissioner the past 12
years and that he hopes the Commissions that follows will have the same desire to leave the Town a little better
than the way they have found it. Mayor Wille stated that there are some great volunteers and good folks in this Town.
D. GENERAL COMMISSION DISCUSSION (TIME PERMITTING)
There was no general Commission discussion
X. ADJOURNMENT
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER WALTERS TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The regular meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 10:33 p.m
____________________________________
ROBERT D. WILLE, MAYOR
____________________________________
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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