TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - REGULAR MEETING
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WEDNESDAY
November 20, 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 7:04 p.m. on Wednesday, November 20, 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 and Mayor Elect Crispen
Commissioner Walters
Commissioner Elect Price
Commissioner Elect Wilson
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Others Present:
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Town Attorney Gougelman
Town Manager Hoskovec
Approximately 115 member of
the public
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Vice Mayor Smith asked why the Town Commission has a special meeting and a regular meeting as the Town Charter
says, "Elected Commissioners shall take office at the beginning of the next official meeting following the municipal
election at which they were elected." Vice Mayor Smith suggested that the Town Commission call this meeting a
regular meeting and change the agenda to the order that the old Commission approves the minutes, the certificates
are given to those leaving office, swear in the new Commissioners, take a break, the new Commissioners take their
seats and go into the agenda.
Town Attorney Gougelman stated that he believes Vice Mayor Smith is correct, as this issue has come up in various
cities and the Charter does say, "at the beginning of the next official meeting following the election." Town Attorney
Gougelman stated that the new Commission could be sworn in before the minutes are approved and suggested that
on the special meeting agenda be as follows as everything has been advertised in compliance with the Sunshine Law
and suggested that on the special agenda item III. be done as these are non-action items and then Mayor Elect Crispen
take over and run the meeting beginning with item I., Approval of minutes, followed by item II. A. and B. and then follow
the remaining items on the regular meeting agenda all as part of one meeting and there will be no legal problem holding
the meeting in this manner.
III. PRESENTATIONS:
MAYOR WILLE TO PRESENT APPRECIATION PLAQUES TO COMMISSIONER MARK CRISPEN AND
FORMER COMMISSIONER PAUL S. GUGLIETTA FOR THEIR SERVICE TO THE TOWN OF MELBOURNE BEACH.
Mayor Wille presented an appreciation plaque to Commissioner Mark Crispen for his service to the Town as
Commissioner-At-Large from November 2001 through November 2002.
Mayor Wille asked Commissioner Mark Crispen to present an appreciation plaque to Paul S. Guglietta.
Commissioner Mark Crispen presented an appreciation plaque to Paul S. Guglietta for his service to the
Town as Commissioner-At-Large from November 2001 through August 2002 and recognized his accomplishments
in this capacity.
VICE MAYOR SMITH TO PRESENT APPRECIATION PLAQUE TO BOB WILLE FOR HIS SERVICE TO THE
TOWN OF MELBOURNE BEACH.
Vice Mayor Smith read a proclamation in honor of Bob Wille and presented him with an appreciation plaque for his
service to the Town of Melbourne Beach.
TOWN ATTORNEY GOUGELMAN TO ADMINISTER OATH OF OFFICE TO MAYOR ELECT MARK CRISPEN,
COMMISSIONER ELECT DONNIE L. PRICE AND COMMISSIONER ELECT SANDY WILSON.
Town Attorney Gougelman administered the Oath of Office to Mayor Elect Mark Crispen, Commissioner Elect
Donnie L. Price and Commissioner Elect Sandy Wilson.
MAYOR WILLE TO PRESENT CERTIFICATES OF ELECTION TO MAYOR MARK CRISPEN, COMMISSIONER
DONNIE L. PRICE AND COMMISSIONER SANDY WILSON.
Mayor Wille presented Certificates of Election to Mayor Mark Crispen, Commissioner Donnie L. Price and
Commissioner Sandy Wilson.
Mayor Crispen called for a recess at 7:25 p.m. Mayor Crispen called the meeting back to order at 7:52 p.m.
I. APPROVAL OF MINUTES: OCTOBER 23, 2002 REGULAR MEETING AND OCTOBER 28, 2002 SPECIAL MEETING
Vice Mayor Smith and Commissioner Walters stated that they have some minor corrections and will forward them
to the Town Clerk.
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER WALTERS TO APPROVE THE MINUTES OF
OCTOBER 23, 2002 REGULAR MEETING AND OCTOBER 28, 2002 SPECIAL MEETING.
VOTE: ALL AYES. MOTION CARRIED.
II. OLD BUSINESS:
A. DISCUSSION AND POSSIBLE ACTION REGARDING ADDITIONS TO THE SCOPE OF WORK ON THE
MELBOURNE BEACH MUNICIPAL PIER.
Town Manager Hoskovec stated that after the bids were received for the pier there were excess funds that the
Town Commission and public requested be used for additional improvements to the pier. Town Manager Hoskovec
asked Gail Jones of Outlaw and Jones to address the Town Commission.
Gail Jones, Outlaw and Jones reported the additional funds available for additional items based on the signed contract
and fees for the project is just under $21,000. Mr. Jones stated that the additional improvements discussed were a
kiosk, fish cleaning table with a pump and pressure tank, small pavilion off end of each finger pier, lighting in the
pavilion, a Melbourne Beach sign on the pavilion, a new dedication plaque, tie-off pilings, a flag pole, fiber optics, a
ramp to launch an emergency boat. Mr. Jones reviewed estimated costs for the additional items to the project and
recommended that the Town the Melbourne Beach sign, flag pole and dedication plaque be ordered and paid for by
the Town as the contractor does not do this type of work without a great amount of additional funding for the design
work. Mr. Jones also recommended approval of additional items #4, Entry Feature; #5, Pavilion Lighting; #6, Tie-off
Piling; and #7, Fish Cleaning Table. Mr. Jones advised that the estimated construction cost for these additional
items is $11,320.70, the design associated with the additional items is $4,000, and, there is some contract
administration to incorporate into this. Mr. Jones reported that he looked at the pavilions suggested for the finger
piers and they are estimated to cost approximately $9,000 and that he believes there will be a problem with the
State as these pavilions were not on the pier originally. Town Manager Hoskovec recommended that items #1,
Melbourne Beach Sign; #3, Dedication Plaque; and #8, Flagpole be added, which are outside the scope of the
engineering estimates and within the scope of the project.
Commissioner Walters stated that with the fish cleaning table, he envisioned a stainless steel table with a bucket
to scoop water from the river to clean the table and this plan will cost $6,200. Mr. Jones stated that he is going to
connect to the existing artesian well in the park, run the plumbing and electric wiring from the kiosk. Mr. Jones
advised that the valve for the faucet will be activated by a sensor and will be battery operated to come on only for a
short time.
Commissioner Wilson commented that there were problems with handrails in the past and Mr. Jones reviewed the
handrail plan, which was designed and approved for construction.
Mayor Crispen asked that if the Town Commission approves these additions as recommended, can these be done
within the grant monies awarded? Mr. Jones stated that this is correct. Mayor Crispen asked when demolition
will begin? Mr. Jones stated that demolition will begin the first full week of December.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON THAT THE RECOMMENDATIONS FROM
THE TOWN MANAGER AND AS SPELLED OUT BY THE TOWN'S ENGINEERING FIRM BE ACCEPTED AND
APPROVE THE FUNDING OUT OF THE GRANT MONEY, WITH NO ADDITIONAL COST TO THE TOWN.
VOTE: ALL AYES. MOTION CARRIED.
B. DISCUSSION AND POSSIBLE ACTION REGARDING A SERVICE AGREEMENT BETWEEN THE TOWN
OF MELBOURNE BEACH AND LINDA LOIZZO.
Town Manager Hoskovec stated that since we have two (2) new Town Commission members who have not had a
chance to review the agreement, this agenda item be tabled until another meeting.
VICE MAYOR SMITH MOVED, SECOND WALTERS TO TABLE DISCUSSION AND POSSIBLE ACTION
REGARDING A SERVICE AGREEMENT BETWEEN THE TOWN OF MELBOURNE BEACH AND LINDA LOIZZO
UNTIL A SPECIAL MEETING IS HELD ON MONDAY, NOVEMBER 28, 2002 AT 6:00 P.M. AFTER DISCUSSION,
VOTE: ALL AYES. MOTION CARRIED.
Commissioner Walters discussed previous e-mails and comments from the Town Manager regarding a provisional
employment offer to Linda Loizzo and asked that if we table this agenda item tonight, will it prevent Ms. Loizzo from
starting her employment for another month, and, why do we have this contract at all?
Town Manager Hoskovec advised that after reviewing his initial employment offer, Ms. Loizzo's salary would be lower
than her Senior Sergeant's salary. Town Manager Hoskovec stated that Ms. Loizzo needs some security and it is
common throughout the State for department heads to have service contracts.
Commissioner Price asked if tabling this item will have an impact on the Town maintaining Ms. Loizzo as a Police
Chief candidate? Town Manager Hoskovec responded that if we take action within the next week or two, we can
resolve this issue.
Commissioner Walters stated that he would like a total cost for this contract available for the next meeting.
Mayor Crispen stated that he does not feel it is necessary to table this agenda item and that he would like to get
Linda Loizzo as Police Chief as soon as possible.
Commissioner Walters asked for a point of order and asked that the public be invited to comment.
Mayor Crispen opened the meeting for public comment regarding the Police Chief's service agreement.
Robert Muritello, 2005 Atlantic Street commented that he is a retired Police Chief and he has met the Acting
Police Chief and has seen the Police Officers in action and stated "A Town that honors its police officers, honors
itself". Mr. Muritello asked that the Town Commission approve the contract.
Jean Marshall, 410 Sixth Avenue commented that she is concerned that the Police Chief is getting more benefits
than the Town Manager, and, if she is, she would be against the contract.
Alice Graham, 305 Fifth Avenue commented that if the Town Commission members need more time to study this
contract, they should wait to approve it.
Paul Guglietta, 418 Fourth Avenue commented that the Town Manager should be commended for selecting a very
good Police Chief and stated that we will be the only Town in Brevard County who has a contract with the Police
Chief. Mr. Guglietta commented that the Town has had four (4) Police Chiefs in last forty (40) years and they
served anywhere from five (5) to thirteen (13) years without a contract. Mr. Guglietta stated that Ms. Loizzo is
worth the $54,000 and if her contract is better than the Town Manager's contract, and the Town Commission may
want to look into this.
Mike King, 1401 Oak Street commented that he echoes the comments of Jean Marshall, and that if the proposed
benefits for the Police Chief are different from other employees the Town may be opening a can of worms.
Ron Gouden, 318 Third Avenue, commented that the Police Chief should be the highest paid position in the Police
force and asked that the Town Commission settle a price that is commensurate with the responsibilities and what
we can afford.
After additional Town Commission discussion, Town Attorney Gougelman was requested to compare the current
Town Manager's agreement to the proposed Police Chief's agreement.
II. PROCLAMATIONS AND AWARDS:
A. MELBOURNE BEACH POLICE DEPARTMENT'S OFFICER OF THE MONTH AWARD FOR NOVEMBER
2002 TO R. SCOTT FERGUSON.
Interim Police Chief Haran presented the Melbourne Beach Police Department's Officer of the Month award for
November 2002 to R. Scott Ferguson.
B. MELBOURNE BEACH POLICE DEPARTMENT'S ADMINISTRATIVE EXCELLENCE AWARD TO
SERGEANT CARL SANGELIER.
Interim Police Chief Haran presented the Melbourne Beach Police Department's Administrative Excellence award
to Sergeant Carl Sangelier.
C. TOWN MANAGER HOSKOVEC TO ADMINISTER OATH-OF-OFFICE TO MELBOURNE BEACH POLICE
OFFICERS GRISWOLD AND SMITH.
Town Clerk Masny administer the Oath of Office to Melbourne Beach Police Officers Griswold and Smith.
III. NON-SCHEDULED CITIZEN COMMENTS (3-MINUTE LIMIT PLEASE)
There were no non-scheduled citizen comments.
IV. REPORTS BY ANY TOWN BOARD SUBMITTING A REPORT
Donnie Price Parks Board Chairman reported that the next concert in Ryckman Park will be held on Saturday,
December 14, 2002 and it will be a jazz Christmas concert.
V. NEW BUSINESS:
A. AWARD OF BID FOR TELECOMMUNICATIONS SERVICES FOR THE TOWN OF MELBOURNE BEACH.
Town Manager Hoskovec stated that we will need telecommunication services for the temporary locations of the
Police Department and Town Hall facilities. Town Manager Hoskovec reported that the new system will be installed
in the temporary Police Department location and moved to new facility when it is complete and that we will be able
to expand and integrate it with the computer and the rest of the telecommunication system.
Town Manager Hoskovec stated that staff is recommending approval of the bid from Artemis International Technologies,
understanding that this is only a partial cost of the total telecommunications project.
Mayor Crispen opened the meeting to public comment on this agenda item.
Robert Gauthier, 400 Sunset Boulevard asked if this will take into account the fire department relocation? Town
Manager Hoskovec stated that the Fire Department offices will be in the Public Works building when it is built and
we will extend the Town Hall telephone service out there. Town Manager Hoskovec stated that he cannot deal with
the corporation offices, as it is a corporation issue.
Commissioner Walters asked Town Manager Hoskovec if this money is to come out of the project funds? Town
Manager Hoskovec responded that the funds will come out of the project funds under the systems that we had set
aside for the $300,000.00.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER PRICE TO APPROVE AWARD OF BID FOR
TELECOMMUNICATIONS SERVICES FOR THE TOWN OF MELBOURNE BEACH TO ARTEMIS INTERNATIONAL
TECHNOLOGIES, INC. IN THE AMOUNT OF $7, 249.40.
VOTE: ALL AYES. MOTION CARRIED.
B. APPROVAL OF PROPOSAL FOR CONSTRUCTION MATERIAL TESTING FOR THE MUNICIPAL COMPLEX.
Town Manger Hoskovec stated that the Town needs to make certain that the materials put into the building meet
certain specifications. Town Manager Hoskovec stated that three (3) bids were received and that staff recommends
low bid.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER PRICE TO APPROVE ARDAMAN AND
ASSOCIATES' PROPOSAL FOR CONSTRUCTION MATERIAL TESTING FOR THE MUNICIPAL COMPLEX IN
THE AMOUNT OF $4,042.00.
VOTE: ALL AYES. MOTION CARRIED.
C. DISCUSSION AND POSSIBLE ACTION REGARDING AN AGREEMENT BETWEEN THE TOWN OF
MELBOURNE BEACH AND PROPERTY BUREAU COMMISSION FOR DISPOSAL OF SURPLUS TOWN PROPERTY.
Town Manager Hoskovec stated that the Town is cleaning out spaces for the transition of the move to the new
facilities, and has found out that we have a lot of surplus items, and we have found an alternative to holding Town
auctions for this property and the alternative is well received in other municipalities throughout the country. Town
Manager Hoskovec stated that a company will put items on the web and bid them out. Town Manager Hoskovec
stated that this company will store these items, photograph them and put the photos on the web. Town Manager
Hoskovec stated that the Town will receive 50% of everything they receive under $1,000.00 and over $1,000.00, we
receive 75%. Town Manager Hoskovec stated that the Police Department has checked this service out and they
have received great reviews.
Commissioner Wilson asked if all of the surplus items have to go to the web or can some items such as bicycles be
auctioned off locally? Town Manager Hoskovec stated that it is up to the Town what we auction off.
Commissioner Price stated that this sounds like a good deal, we control it, it sounds like there are no costs to the
Town and no outlay. Commissioner Price added, for clarity, that the 50% we would receive for under $1,000.00
and the 75% for items sold over $1,000.00 could also be less our pro-rata share of transaction fees, which are
usually to process credit cards, etc. Commissioner Price stated that this sounds like a win-win situation.
Commissioner Walters asked how the Town property gets from Town to California? Town Manager Hoskovec
advised that they have offices in Florida and we call and they pick it up at no charge. Commissioner Walters
asked if this practice is in compliance with Florida State Law? Town Manager Hoskovec stated it is in compliance
as long as we hold any forfeited material for 90 days.
Vice Mayor Smith asked who does all of the record keeping for the auditors? Town Manager Hoskovec stated that
they will send us data back as to receipts for items, their present value and what it was auctioned off for.
Commissioner Price advised that the company reserves the right to refuse certain items and we will still have to go
through an auction process to discard some items.
COMMISSIONER WALTERS MOVED, SECOND VICE MAYOR SMITH TO APPROVE AN AGREEMENT BETWEEN
THE TOWN OF MELBOURNE BEACH AND PROPERTY BUREAU COMMISSION FOR DISPOSAL OF SURPLUS
TOWN PROPERTY AND ALLOW STAFF TO DECIDE WHICH ITEMS ARE TO GO TO AUCTION.
VOTE: ALL AYES. MOTION CARRIED.
D. APPOINTMENT OF A VOTING DELEGATE AND ALTERNATE VOTING DELEGATE TO THE SPACE COAST
LEAGUE OF CITIES TO SERVE THROUGH DECEMBER 2003.
Mayor Crispen stated that he currently serves as the voting delegate for the Town and serves on the Brevard
Commission on Aging and that, if the Town Commission approves, he would like to continue to serve as the Town's
voting delegate.
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER PRICE THAT MAYOR CRISPEN BE APPOINTED TO
SERVE AS THE VOTING DELEGATE TO THE SPACE COAST LEAGUE OF CITIES TO SERVE THROUGH
DECEMBER 2003.
VOTE: ALL AYES. MOTION CARRIED.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER WILSON THAT COMMISSIONER PRICE BE
APPOINTED TO SERVE AS THE ALTERNATE VOTING DELEGATE TO THE SPACE COAST LEAGUE OF
CITIES THROUGH DECEMBER 2003.
VOTE: ALL AYES. MOTION CARRIED.
E. APPOINTMENT OF A REPRESENTATIVE TO SERVE ON THE SOUTH BEACHES COALITION
THROUGH DECEMBER 2003.
Mayor Crispen stated that he currently serves as the Town's representative on the South Beaches Coalition and
gave a brief description of the composure and duties of the South Beaches Coalition. Mayor Crispen stated that
he does not mind if he is not the representative to the coalition as he is being groomed to be the MPO representative.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON THAT COMMISSIONER WALTERS BE
THE TOWN'S REPRESENTATIVE TO SERVE ON THE SOUTH BEACHES COALITION TO SERVE THROUGH
DECEMBER 2003.
VOTE: ALL AYES. MOTION CARRIED.
F. SELECTION OF A VICE MAYOR TO SERVE THROUGH NOVEMBER 2003.
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER PRICE THAT VICE MAYOR SMITH SERVE
AS VICE MAYOR THROUGH NOVEMBER 2003.
VOTE: ALL AYES. MOTION CARRIED.
VI. REPORTS:
A. TOWN ATTORNEY
Town Attorney Gougelman reported on the status of the James McGriff lawsuit and advised that the case is
tentatively scheduled for trial for next year. Town Attorney Gougelman reviewed a matter of concern involving the
Finance Clerk and a Town Commission member that occurred during a budget workshop session. Town Attorney
Gougelman commented that a demand letter was received by the Finance Clerk's attorney and reviewed the
demands with the Town Commission. Town Attorney Gougelman stated that these demands were reviewed by the
Town's insurance carrier and they see no liability and are unwilling to pay any damages. Town Attorney Gougelman
advised that the Town Manager and he are negotiating with the Finance Clerk's attorney regarding the personnel
matters in the demand letter.
B. TOWN MANAGER
Town Manager Hoskovec stated that his report is covered in the written report provided and that the project on
Anchor Key will be finished by the end of the week and will begin on Pelican Key next week.
C. TOWN COMMISSION
Vice Mayor Smith congratulated the new Mayor and Commissioners and stated that the ground breaking ceremony
for the new Municipal Complex was a lot of fun.
Commissioner Walters congratulated the new Mayor and Commissioners. Commissioner Walters stated that a lot
of the figures in the monthly finance report are still wrong and that he hopes this will be resolved soon. Commissioner
Walters stated that the Commission set a policy to perform exit interviews when employees leave and that in the
last thirteen (13) months the Town has lost 60% of the Police Department and not one has received an exit interview
and asked that these be done in the future. Commissioner Walters stated that last month the Town Commission
discussed and voted on a copier contract it thought was $1,575.00 and it turns out the contract was five (5) years
at $31,000 minimum without bid and asked how to correct this? Town Attorney Gougelman stated that it sounds
like the contract was not correctly approved by the Town Commission and that he would have to raise a few questions
regarding this and that he and the Town Manager will look into it.
Commissioner Walters stated to Town Clerk Masny that the Town Commission rules allow Commissioners to
respond to items they vote against at meetings, with an attachment to the minutes and stated that there is no
attachment to the minutes on the website and asked that this be done.
Commissioner Walters stated that the employee pension plan was to be reviewed and brought back to the
Town Commission. Town Manager Hoskovec stated that the plan was established about 25 years' ago and
the carriers cannot find the original documents.
Commissioner Price thanked the residents for giving him the opportunity to serve them on the Town Commission.
Commissioner Wilson asked if the Town has a comprehensive payment plan for Town employees that sets salary
caps or salary ranges? Town Manager Hoskovec responded that the Police Department has this through their
step plan, which they implemented last year, but one has not been established for the rest of the administrative
staff, but he is reviewing this.
Mayor Crispen introduced his mother and her husband to the Town Commission and asked all Commissioners to
review Resolution 702 adopting rules of procedure for the Town Commission. Mayor Crispen reminded the Town
Commission of the Space Coast League of Cities Christmas party at the Officer's Club at Patrick Air Force Base
on December 9th and asked all Commissioners to attend. Mayor Crispen stated that the Town will buy a Christmas
gift for the City of Palm Bay this year. Mayor Crispen advised that the Space Coast League of Cities is co-hosting
a County Commission and municipality workshop at Brevard Community College to help cities work better with the
County Commissioners and each Mayor and Town Manager is asked to attend. Mayor Crispen stated that the fee
scale for the workshop will be based on population and advised that the workshop will be held in late January or
February. Mayor Crispen encouraged all Commissioners to attend the Institute for Elected Officials to be held in
Gainesville this January.
D. GENERAL TOWN COMMISSION DISCUSSION (TIME PERMITTING).
There was no general Town Commission discussion.
VII. ADJOURNMENT
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER PRICE TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The regular meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 9:58 pm.
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MARK J. CRISPEN, MAYOR
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CYNTHIA E. MASNY, CMC
TOWN CLERK
Note: a mechanical recording has been made of the foregoing procedures of which these minutes are a
part and is on file in the office of the Town Clerk.
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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