TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - Special Meeting
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Wednesday
November 20, 2003
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
Mayor Walters at 7:00 p.m. on Thursday, November 20, 2003 in the Community Center. Mayor Walters also
led the Pledge of Allegiance
Present:
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Mayor Walters
Commissioner Guglietta
Commissioner Price
Commissioner Wilson
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Others Present:
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Town Attorney Gougelman
Town Manager Hoskovec
Fifteen members of the public
Town Clerk Masny
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Mayor Walters stated that the first item on the agenda was going to be the budget public hearing, but the Town
Manager is not feeling well and requested to move to Special Meeting agenda.
I. DISCUSSION AND POSSIBLE ACTION REGARDING THE TOWN
MANAGER’S EMPLOYMENT AGREEMENT. (Commissioner Wilson)
Town Attorney Gougelman stated that he has had conversations over the past few days with the Town Manager,
Bill Hoskovec and stated that he has been having health difficulties and stated that he has indicated that he feels
in position to consider resignation and suggested that a termination agreement be put together. Town Attorney
Gougelman stated that under the Town Manager’s agreement, he has to provide the Town with 30 days’ notice
and because of his health situation he cannot afford this and that he believes his intention is to leave this evening.
Town Attorney Gougelman recommended an employment termination agreement to spell out the future
relationship between the Town and Mr. Hoskovec is that the Town thank him, wish well and give him a
severance package to include four (4) months’ worth of wages, the Town is not terminating him, he is
resigning, the agreement also includes the standard items in the personnel policies, pay all accrued
sick and vacation time through today’s date, and he is concerned about his health and has included four (4)
months’ worth of his cobra benefits. Town Attorney Gougelman stated that the agreement is before the Town
Commission and asked the Town Commission for comments.
Commissioner Price commented that he is sorry to hear this is happening, however; the agreement is fair
and wished Bill Hoskovec well.
Commissioner Wilson wished Bill Hoskovec well and asked if the health insurance rate will change if Mr.
Hoskovec is an employee or not an employee, and if the rate does increase can we get this into agreement
that if the rate does go up, the Town will not be responsible. Mr. Hoskovec agreed to this. Finance Manager
Matthews stated it will be at same rate as rest of employees.
Commissioner Guglietta agreed with the Town Commission comments.
Mayor Walters commented that he wishes Mr. Hoskovec well and that he feels the agreement is fair and
equitable and that he is a little concerned about the transition period and will take Mr. Hoskovec at his word
to help during the transition period.
Mayor Walters asked for public comment regarding the agenda item. There were no comments from the public.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON THAT THE EMPLOYMENT TERMINATION
AGREEMENT, AS SET FORTH BY THE TOWN ATTORNEY BE APPROVED AND ACCEPTED.
VOTE: ALL AYES. MOTION CARRIED.
Bill Hoskovec read a statement into the record, “Mayor, Commissioners, fellow citizens and fellow employees
of the Town of Melbourne Beach. Over the past several weeks, I have been struggling with the most difficult
position this has been magnified with my health problems of the past of the past week. As many of you are
aware, I experienced a traumatic health crisis last March which nearly resulted in my death. I was advised
by my physician at that time to take a full month before returning to work full time, which I immediately ignored
and returned in 10 days. Furthermore, I was informed that it would take at least the better part of a year for me
to fully recover if I took proper care of myself, which I obviously haven’t. The past week I have suffered a relapse,
the physicians have informed me that severe stress is a contributing and exacerbating factor of this condition,
whoever thought that kidney stones could be caused by stress. Additionally, it is clearly evident that I no
longer enjoy the majority support of this Commission. I could choose to stay and fight, but what cost to my
health, my family and as importantly, the Commission and the community. I promised my wife and children
last March that I would not jeopardize our lives together and I have not fulfilled that covenant. I am therefore
tendering my resignation as Town Manager of the Town of Melbourne Beach effective immediately. This is
not a decision I make lightly, however, I believe it is in the best interest of the community and most importantly,
my family. There are many things that we have started and haven’t completed this last year and a half. This
beautiful complex, the Oak Street pedway, the Ocean Park and Ocean Avenue beautification projects, just
to name a few. I leave knowing that we have done many positive things as well. The pier was completed
on time and under budget and it is a beautiful project. We have brought the finances back into the Town
for the first time and I believe that you will prosper having those things back here. Furthermore, we have
created a safer school crossing down by the school and we brought movies back to the park and these
are just a few of the things that we have done. To my fellow employees - an apology for not remaining
and working with you. You are a very talented and dedicated group of professionals who have given much
to this community. To the citizens, I extend my appreciation for your support during my tenure. I genuinely
enjoyed working with each of you. To the Commission, I can only hope that this will close the chapter that
will lead to a more positive future. I hope that you will put the past behind you and work toward the betterment
of this wonderful community. The days of feuds and vendettas must be put behind us. I thank you for allowing
me the privilege in serving this community. Very truly.”
Town Attorney Gougelman stated that he has known Bill Hoskovec almost as long as he has been in Brevard
County and stated that he has been excellent to work with as Manager and stated to Mr. Hoskovec that he is
a class act and wished him well and a speedy recovery.
II. RESOLUTION NO. 728
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AUTHORIZING
THE EXECUTION AND DELIVERY OF A MASTER LEASE AGREEMENT, EQUIPMENT SCHEDULE NO. 01,
AND RELATED INSTRUMENTS AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH
BETWEEN THE TOWN OF MELBOURNE BEACH AND LEASING 2, INC.; PROVIDING AN EFFECTIVE DATE.
Town Attorney Gougelman read Resolution Number 728 by title. Fire Chief Hunter stated that this resolution is
requested by the leasing company prior to the application process being started to purchase the fire truck and
this has to be done by December 7, 2003 to ensure we are locked into the interest rate.
Mayor Walters opened the meeting for comments from the public regarding Resolution Number 728. There
were no comments from the public.
Commissioner Price asked if the Town Attorney has reviewed the resolution yet and Town Attorney Gougelman
responded that he has not, but the Town Commission can approve the resolution tonight, subject to legal review
and if there is anything significant or material he will contact the Town for another meeting. Town Attorney
Gougelman stated that the Town Commission could approve the resolution tonight and he will review it over
the next week so that they can meet the deadline.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON TO ADOPT RESOLUTION NO. 728, A
RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AUTHORIZING THE
EXECUTION AND DELIVERY OF A MASTER LEASE AGREEMENT, EQUIPMENT SCHEDULE NO. 01, AND
RELATED INSTRUMENTS AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH BETWEEN
THE TOWN OF MELBOURNE BEACH AND LEASING 2, INC.; PROVIDING AN EFFECTIVE DATE, SUBJECT
TO FINAL REVIEW AND APPROVAL BY THE TOWN ATTORNEY AS TO ITS LEGALITY AND ITS IMPACT
ON THE TOWN.
VOTE: ALL AYES. MOTION CARRIED.
Mayor Walters asked Town Attorney Gougelman if this would be the appropriate time to discuss installing
a Town Manager? Town Attorney Gougelman responded that this something the Town Commission is
going to need to do, given the emergency situation and although it is not an agenda item, the Town
cannot operate without a Town Manager. Town Attorney Gougelman stated that at the next meeting,
the Town Commission should ratify any action taken this evening on an emergency basis.
Commissioner Guglietta, stated that he was on the Town Commission when we went for six (6) months
without a Town Manager and we put the excessive burden on the Town Clerk and Deputy Town Clerk and
stated that he does not wish them to go through this experience again and suggested that Connie Smith
fill the position on an interim basis as she knows this Town, has been on the Town Commission.
Commissioner Guglietta stated that he would like the Town Commission to ask her to hold the interim
Town Manager position.
Commissioner Price asked Connie Smith if she would be interested in serving as interim Town Manager?
Connie Smith came forward and stated that the Town is in an emergency situation at this time, and stated
that she has filled in as Manager a couple of times and has worked with every Town Manager in one form
or another and stated that if it is the desire of the Town Commission she will be glad to accept the position
on an interim basis, until a Town Manager is hired.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON TO REQUEST THAT CONNIE SMITH
BE APPOINTED TO THE POSITION OF INTERIM TOWN MANAGER ON AN EMERGENCY BASIS,
EFFECTIVE NOVEMBER 21, 2003.
VOTE: ALL AYES. MOTION CARRIED.
Commissioner Wilson as if this position requires a contract? Town Attorney Gougelman recommended
that the Town Commission signify what it desires to pay the Interim Town Manager as compensation and
he will get together with Connie Smith and put together a formalized Interim Manager’s contract to specify
terms and at a special meeting the Town Commission will ratify the actions of this evening and approve
the written contract. Town Attorney Gougelman stated that the Town Commission should make the
appointment and signify the terms of compensation this evening.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER GUGLIETTA THAT THE TOWN COMMISSION
AUTHORIZE AN INTERIM TOWN MANAGER SALARY AT 55,000 ON AN ANNUAL BASIS, PLUS STANDARD
TOWN MANAGER BENEFITS, AS PER MR. HOSKOVEC’S AGREEMENT.
VOTE: ALL AYES. MOTION CARRIED.
III. ADJOURNMENT
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER WILSON TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The special meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 7:54 p.m.
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STEVEN O. WALTERS, 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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