TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - SPECIAL MEETING
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MONDAY
November 25, 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
Mayor Crispen at 6:02 p.m. on Monday, November 25, 2002 in the Community Center. Mayor Crispen also led
the Pledge of Allegiance to the Flag.
Present:
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Mayor Crispen
Vice Mayor Smith
Commissioner Price
Commissioner Walters
Commissioner Wilson
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Others Present:
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Town Manager Hoskovec
Interim Police Chief Haran
12 members of the public
Town Clerk Masny
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I. OLD BUSINESS:
DISCUSSION AND POSSIBLE ACTION REGARDING A SERVICE AGREEMENT BETWEEN THE TOWN OF
MELBOURNE BEACH AND LINDA LOIZZO
Town Manager Hoskovec stated that one of his first tasks as Town Manager was to recruit a Police Chief and he
found the best candidate and selected Linda Loizzo, Deputy Police Chief from North Miami Beach. Town Manager
Hoskovec stated that Ms. Loizzo is interested in having a contract because of the politics in Town, which will be a
new endeavor, having an agreement for this position. Town Manager Hoskovec stated that initially he had offered
Ms. Loizzo the budgeted amount of $51,000 and through the budget process the amount is now $55,000 as her
next senior officer is making $52,500. Town Manager Hoskovec stated that the Town Commission had not had
sufficient time to review the agreement last time it was on the agenda.
Mayor Crispen opened the meeting to public comment and then questions of the Town Manager regarding the agreement.
William G. Stacey, 610 Hibiscus Trail commented that several people had called him regarding the Police Chief's
agreement and that when he was on the Commission, a pay scale was set for the police department employees
and he has a problem with the agreement as he has never had a job without a probationary period. Mr. Stacey
stated that if we have this kind of money, the Town should lower utility taxes or fix the roads. Mr. Stacey
commented that we need a Police Chief like Steve Walters, not a political position, we need a working chief.
Mr. Stacey commented that the Town should give a contract after the probationary period is up.
Lionel Cote, Police Chief of Satellite Beach discussed his background regarding police experience and commented
that he has known Linda Loizzo for several years and that he has observed her to be a leader, a motivator, has
strong people skills, is very professional, deals well with the public, a strong manager, serves on several committees,
has a strong education and training, is very intelligent and very much a lady. Chief Cote stated that Linda Loizzo
came up through the ranks and the Town cannot go wrong hiring her as the Town's Police Chief.
Jean Marshall, 410 Sixth Avenue commented that no one is questioning Linda Loizzo's ability that she can do the
job, the questions is, do we want to go with the contract?
Mike King, 1402 Oak Street, advised that he is representing former Commissioner Guglietta. Mr. King read a
statement into the record on behalf of Mr. Guglietta. (See Attachment #1)
Dennis Gough, 1706 Orange Street commented that he has been a police Officer for 22 years and the Town is
getting a bargain with Linda Loizzo, as she will pay for herself with grants obtained and her professionalism.
Mr. Gough commented that the police officers are very impressed with Ms. Loizzo and she will be an inspiration
for the Town.
Robert Wille, 809 Riverside Drive commented that having had the opportunity to serve as Mayor while Linda Loizzo
was working in her interim position, he got to know Linda Loizzo and made some observations and asked that the
Town Commission not get side tracked with micro managing with this contract. Mr. Wille commented that he
believes Ms. Loizzo will be an integral part of the senior management team and in the market place, her credentials
far exceed the requests in the contract. Mr. Wille presented a memo dated October 21, 2002 from Acting Chief
Loizzo listing 38 accomplished tasks since August 21, 2002. (See Attachment #2)
Robert Miritello 2005 Atlantic Street commented that he has lived in Melbourne Beach for about one (1) year and
that he agrees with Chief Cote and defers to former Mayor Wille's comments that a professional person is available
to the Town. Mr. Miritello asked if the probationary period is waived in the contract and stated that Linda Loizzo
has the best credentials he has seen.
Jim Simmons, 409 Avenue B commented that the most dysfunctional organizations are where management does
not allow the junior management to do their job and they micro manage every decision and that you need to know
who made the decisions and who is accountable for them.
Jack Garrison, 415 Sixth Avenue commented that he understands the Police Chief having a contract; however, he
has heard nothing about the total cost of the position. Mr. Garrison questioned the fact that the Town has Ms.
Loizzo as an Interim Chief and does not see a need to renegotiate an agreement involving probation and other things.
Mr. Garrison questioned why Ms. Loizzo did not bring up items in her Interim Chief contract a while ago, as this
appears to be a renegotiation. Mr. Garrison commented that contracts are double-edged swords and if the Town
Commission insists on voting on this tonight, he would ask how much time has been spent completely understanding
all items in the contract? Mr. Garrison stated that the Town Commission is entrusted to spend this time on behalf
of the residents.
Ron Gallie, 318 Third Avenue commented that the Town is setting a precedence for the future by having this contract
and we have to say to ourselves, what is it going to cost? Mr. Gallie commented that the taxpayers have to know
how much this contract is going to cost.
Lori Wille, 809 Riverside Drive, commented that she feels compelled to speak in Linda Loizzo's favor and feels she
will be and outstanding Chief and worth every penny. Ms. Willie commented that a contract will be for the protection
of the Town and Ms. Loizzo. Ms. Wille commented that three (3) of the Commissioners know why Ms. Loizzo has
requested a contract. Ms. Wille stated that Ms. Loizzo as proven that she has a love for this town and has proven
what she wants to do for the community. Ms. Wille stated that Ms. Loizzo is something good for this community.
Jean Marshall, 410 Sixth Avenue asked if Linda Loizzo is the Interim Police Chief and what her salary is at the
present time? Town Manager Hoskovec stated that she has no salary at the present time as she is not interim or
acting, but was consulting and has been asked to step back until the contract is approved. Town Manager Hoskovec
commented that as a consultant, her hourly rate was $22.05.
William Stacey, 610 Hibiscus Trail commented that the Town just created a position of Lieutenant and this all
costs money and that the taxpayers have to pay for all of this.
Mayor Crispen entertained questions of the Town Manager regarding the agenda item.
Commissioner Walters stated that he agrees with what much of what has been said and that everybody agrees
Linda Loizzo is going to be a good Police Chief and she has been the Police Chief for three (3) months because
she has promoted people and changed policies. Commissioner Walters stated that that the reason we are here
tonight is because the previous salary agreement is no longer acceptable. Commissioner Walters stated that his
concern with the agreement is, what is this going cost to the community? Commissioner Walters stated that had
this agreement passed at our last meeting, and read from the agreement, "This agreement is effective upon
successful completion of a 6-month probationary period as determined by the sole discretion of the Town Manager"
and stated that had we passed this, she would have received nothing for six (6) months, that is why the Town
Attorney looks at these types of agreements.
Mayor Crispen stated that he will suspend any further debate on the issue until after a motion is made and asked
for any questions for the Town Manager.
Commissioner Walters stated that he gave the Town Manager about four (4) pages of questions regarding benefits
and asked for some clarification. Town Manager Hoskovec stated that he needs more time to answer the questions.
Commissioner Walters asked for a cost for the additional benefits. Town Manager Hoskovec stated that if the
contract mirrored his, with the exception of the vehicle, travel and seminars, the cost would be in the neighborhood
of $70,320 and currently his package is $77,486.
Mayor Crispen stated that the percentage of benefits over salary is 22.8% and asked what the average percentage
is for Town employees? Town Manager Hoskovec stated it is 24% and explained that it is less because Ms. Loizzo
has chosen not to participate in the retirement plan.
Commissioner Walters stated that what we are talking about now is if her contract mirrors the Town Managers,
with the exception of the car to and from work, is not what is before us, the severance alone would be $100,000.
Town Manager Hoskovec stated the contract before us would cost $75,833, with insurance. Commissioner Walters
stated that he sees no restrictions in the contract and Town Manager Hoskovec stated that he and the budget are
the restrictions. Commissioner Walters stated that the Town Attorney did not prepare this contract and someone
else could be interpreted these items differently. Commissioner Walters stated that he asked that the Town
Attorney be present tonight to answer questions. Town Manager Hoskovec stated that he had a conflict and
could not attend.
Commissioner Price asked that when contracts are written by the Town, is it customary for the Town Manager or
a department head to write a contract? Town Manager Hoskovec stated that he has not seen anything that indicates
one way or the other. Commissioner Price asked Town Manager Hoskovec what role he sees as the Town Manager
that the Town Attorney would play in the writing of a contract? Town Manager Hoskovec stated that he would
suggest that the Town Attorney enter into the negotiation process with himself and Linda Loizzo. Commissioner
Price suggested that the Town negotiate and agree upon ideas for the contract and the Town Attorney write the
contract. Commissioner Price stated that the contract, the way it is written, is flawed and apparently not written
by an attorney, and it would give great opportunity to do damage to the Town. Commissioner Price stated that
the contract should not be approved as written.
Commissioner Wilson stated that a lot of the items in the proposed contract are standard procedures in the Police
Department, but insurance and retirement have all been spelled out and we are rehashing it again and opening the
door to everybody. Town Manager Hoskovec stated that it is not unusual for executives to have different packages
from the rest of the staff. Town Manager Hoskovec stated that there are some differences locally with the Chief's
benefits and it is not new to Melbourne Beach. Commissioner Wilson expressed concern regarding possible
travel expenditures regarding the Police Department.
Vice Mayor Smith asked Town Manager Hoskovec if he thinks there is a possibility of him meeting with Town
Attorney Gougelman and Linda Loizzo to negotiate items in this contract and how long he thinks this may take?
Town Manager Hoskovec stated that he thinks this would be the ideal process at this point and he could bring it
back in a contract form within two (2) weeks' time. Vice Mayor Smith noted a typographical error in the termination
clause as presented.
Mayor Crispen asked Town Manager Hoskovec if there is enough money in the budget to satisfy the contract?
Town Manager Hoskovec reported that there are sufficient funds for this contract. Mayor Crispen stated that there
was a verbal agreement month's ago and asked why we are back discussing a contract? Town Manager Hoskovec
stated that there was an original verbal agreement for $51,000 and then we discovered that the Chief's second-in-
command was making more money than the Chief and the contract is requested because Linda was here and
became uncomfortable with the political environment and she felt she needed some protection, she was concerned
about micro management and interference and wanted to make sure that he was going to be her boss.
COMMISSIONER PRICE MOVED, SECOND MAYOR CRISPEN THAT THE TOWN ATTORNEY TAKE THE
EXISTING AGREEMENT AND DRAW UP A LEGALLY SOUND AGREEMENT AND BRING IT BACK TO THE
TOWN COMMISSION WITH ITEMS TO BE NEGOTIATED BY THE TOWN MANAGER.
VOTE: VICE MAYOR SMITH, AYE. COMMISSIONER PRICE, AYE. COMMISSIONER WILSON, AYE.
MAYOR CRISPEN, AYE. COMMISSIONER WALTERS, NAY. MOTION CARRIED.
Commissioner Walters stated that in the membership and travel sections of this contract it reads, "Should the
employee be appointed or elected to a committee or board or represent the city on a board or committee, the
employee shall be permitted to attend the meetings with pay if the meetings occur during the employee's
scheduled work time." Commissioner Walters stated that he has a problem with this in the contract.
Commissioner Walters stated that he understands the Police Chief's desire to have some protection, but we
are talking about tens of thousands of dollars of added benefits, over and above other employees.
Commissioner Price suggested that when Town Manager Hoskovec and the Town Attorney meet that they take
all comments into consideration, those of the citizens and Town Commission.
II. ADJOURNMENT
COMMISSIONER WILSON MOVED, SECOND VICE MAYOR SMITH TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The special meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 7:10 p.m.
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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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