TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - REGULAR MEETING
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MONDAY
December 18, 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 Crispen at 7:00 p.m. on Wednesday, December 18, 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 Attorney Gougelman
Town Manager Hoskovec
Thirteen members of the public
Town Clerk Masny
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I. CHANGES TO THE AGENDA
Town Manager Hoskovec asked that the addendum to the agenda should be removed as the agreement has
not been completed. Commissioner Walters asked that the agreement remain on the agenda for discussion.
There were no objections from the Town Commission.
II. PRESENTATIONS BY SPECIAL GUESTS: GORDON ENGLAND, CREECH ENGINEERING TO REPORT
ON ANCHOR AND PELICAN KEY DRAINAGE PROJECT.
Gordon England of Creech Engineers addressed the Town Commission and discussed the history of the Anchor
and Pelican Key drainage project and advised that the Town received grants to correct on-going drainage problems
in that area. Mr. England advised that there were no flooding problems encountered in this area during a recent
big rain event. Mr. England advised that there will be stormwater testing performed in this area over the next
year to determine the water quality.
Mayor Crispen and the Town Commission presented Jeanne Allen with a Certificate of Appreciation for her service
on the Town’s Environmental Advisory Board.
B. PRESENTATION OF CERTIFICATE OF APPRECIATION TO DONNIE L. PRICE FOR HIS SERVICE ON
THE TOWN’S BOARD OF ADJUSTMENT.
Mayor Crispen and the Town Commission presented Donnie L. Price with a Certificate of Appreciation for his
service on the Town’s Board of Adjustment.
IV. TOWN BOARD APPOINTMENTS:
A. CONSIDERATION OF APPOINTMENT OF ROBIN BLANKENSHIP TO THE ENVIRONMENTAL ADVISORY
BOARD IN THE ALTERNATE #1 POSITION WITH A TERM DECEMBER 18, 2002 THROUGH DECEMBER 18, 2004.
Ms. Blankenship came forward and introduced herself to the Town Commission and answered and questions from
the Town Commission regarding her appointment.
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER PRICE TO APPOINT ROBIN BLANKENSHIP TO
THE ENVIRONMENTAL ADVISORY BOARD IN THE ALTERNATE #1 POSITION WITH A TERM DECEMBER
18, 2002 THROUGH DECEMBER 18, 2004.
VOTE: ALL AYES. MOTION CARRIED.
B. CONSIDERATION OF APPOINTMENT OF PAUL S. GUGLIETTA TO THE PARKS BOARD IN THE
ALTERNATE #2 POSITION WITH A TERM DECEMBER 18, 2002 THROUGH DECEMBER 18, 2004.
Mr. Guglietta stated that he is looking forward to working with the Parks Board.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER WILSON TO APPOINT PAUL S. GUGLIETTA
IN THE ALTERNATE #2 POSITION ON THE PARKS BOARD WITH A TERM DECEMBER 18, 2002 THROUGH
DECEMBER 18, 2004.
VOTE: ALL AYES. MOTION CARRIED.
C. CONSIDERATION OF APPOINTMENT OF NICHOLAS J. YANAS TO THE BOARD OF ADJUSTMENT IN THE
ALTERNATE #2 POSITION WITH A TERM DECEMBER 18, 2002 THROUGH AUGUST 19, 2004.
Mr. Yanas came forward and introduced himself to the Town Commission and answered questions from the Town
Commission regarding his appointment.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON TO APPOINT NICHOLAS J. YANAS TO T
HE BOARD OF ADJUSTMENT IN THE ALTERNATE #2 POSITION WITH A TERM DECEMBER 18, 2002 THROUGH
AUGUST 19, 2004.
VOTE: ALL AYES. MOTION CARRIED.
V. NON-SCHEDULED CITIZEN COMMENTS
Paul S. Guglietta, 318 Fourth Avenue commented that he is against any contract for the Chief of Police and that
he was shocked at comments made at the special meeting. Mr. Guglietta commented that he is not happy with
the “no cause” clause being taken out of the agreement as it is protection for the Town.
VI. APPROVAL OF MINUTES: NOVEMBER 20, 2002 REGULAR MEETING AND NOVEMBER 25, 2002
SPECIAL MEETING.
Commissioner Walters requested a correction to the November 25, 2002 special meeting minutes, on Page 4,
third paragraph, second line, delete the word, “educational”.
Commissioner Price requested a correction to the November 25, 2002 special meeting minutes, on Page 5, first
paragraph, first line, change the last word to “is”.
Mayor Crispen requested a correction to the November 20, 2002 regular meeting minutes, on Page 4, and asked
that the motion be moved to the end of the discussion. Vice Mayor Smith advised that the motion took place
before the discussion and it needs to stay there. Town Attorney Gougelman agreed. Commissioner Price
suggested to leave the motion where it is, but, insert the words, “AFTER DISCUSSION” before the words, “MOTION
CARRIED”.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER WILSON TO APPROVE THE MINUTES OF
NOVEMBER 20, 2002 REGULAR MEETING AN D NOVEMBER 25, 2002 SPECIAL MEETING AS CORRECTED.
VOTE: ALL AYES. MOTION CARRIED.
VII. REPORTS BY ANY TOWN BOARD SUBMITTING A REPORT.
Donnie L. Price, Parks Board Chairman reported that the Board is currently working on Founder’s Day plans and
advised that Amy Elstun turned in her resignation from the Board today. Mr. Price reported that the movies in the
park is currently being planned and resident Brad Betten is sponsoring a trial-run movie this coming weekend.
Commissioner Walters asked what plans the Board has for improvement to Ocean Park? Mr. Price advised that
the Board is going to acquire grants to update grills, picnic areas and construct a permanent restroom facility.
VIII. CONSENT AGENDA:
A. APPOINTMENT OF JOY CAMPBELL FROM THE ALTERNATE #1 POSITION TO A REGULAR MEMBER
ON THE ENVIRONMENTAL ADVISORY BOARD WITH A TERM DECEMBER 18, 2002 THROUGH DECEMBER
18, 2004.
B. ACCEPTANCE OF RESIGNATION OF JEANNE ALLEN FROM THE ENVIRONMENTAL ADVISORY BOARD
AND DONNIE L. PRICE FROM THE BOARD OF ADJUSTMENT.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER WILSON TO APPROVE THE CONSENT
AGENDA: APPOINT JOY CAMPBELL FROM THE ALTERNATE #1 POSITION TO A REGULAR MEMBER
ON THE ENVIRONMENTAL ADVISORY BOARD WITH A TERM DECEMBER 18, 2002 THROUGH
DECEMBER 18, 2004 AND ACCEPT THE RESIGNATION OF JEANNE ALLEN FROM THE ENVIRONMENTAL
ADVISORY BOARD AND DONNIE L. PRICE FROM THE BOARD OF ADJUSTMENT.
VOTE: ALL AYES. MOTION CARRIED.
IX. PUBLIC HEARING:
A. RESOLUTION NO. 714
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AUTHORIZING
AND CONSENTING TO THE TRANSFER OF THE FRANCHISE AND CABLE TELEVISION SYSTEM FROM
TIME WARNER ENTERTAINMENT - ADVANCE/NEWHOUSE PARTNERSHIP TO A WHOLLY-OWNED
SUBSIDIARY AND MANAGEMENT THEREOF BY ADVANCE/NEWHOUSE PARTNERSHIP; PROVIDING
AN EFFECTIVE DATE.
Town Attorney Gougelman read Resolution No. 714 by Title. Town Manager Hoskovec stated that Time Warner
has had a merger and this resolution will acknowledge this by the Town.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON TO ADOPT RESOLUTION NO. 714,
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AUTHORIZING
AND CONSENTING TO THE TRANSFER OF THE FRANCHISE AND CABLE TELEVISION SYSTEM FROM
TIME WARNER ENTERTAINMENT - ADVANCE/NEWHOUSE PARTNERSHIP TO A WHOLLY-OWNED
SUBSIDIARY AND MANAGEMENT THEREOF BY ADVANCE/NEWHOUSE PARTNERSHIP; PROVIDING
AN EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED.
X. OLD BUSINESS:
A. DISCUSSION AND POSSIBLE ACTION REGARDING A SERVICE AGREEMENT BETWEEN THE TOWN
OF MELBOURNE BEACH AND LINDA LOIZZO.
Mayor Crispen gave background on a special meeting held by the Town Commission on December 16, 2002
regarding the review of a proposed contract between the Town and Linda Loizzo and advised that the Town Attorney
and Town Manager were directed to meet with Linda Loizzo and her attorney to negotiate the contract to be within
the confines of the budget.
Town Attorney Gougelman stated that the contract was revised consistent with the Town Commission discussion
and then the Town Manager reviewed it to make sure he was comfortable with the contract. Town Attorney
Gougelman stated that the contract was then forwarded to Ms. Loizzo’s Attorney and they are currently reviewing
the contract and may have comments ready tomorrow to indicate any changes.
Mayor Crispen opened the meeting for public comment.
Ron Gallie, 318 Third Avenue commented that Ms. Loizzo stated that she would stay within the confines of the
budget and accept a $55,000 salary.
Commissioner Walters stated that the termination for cause was revised and asked Town Attorney Gougelman
what he did in the contract to address the issues of political stability and possible interference? Town Attorney
Gougelman responded that he did nothing as these were not an issue on behalf of the Town, and, if it is an issue
on Ms. Loizzo’s part, she will have to request a proposal in that regard. Commissioner Walters asked Town Attorney
Gougelman why he recommended keeping the termination for cause in the agreement? Town Attorney Gougelman
stated that the advise he gives is fairly conservative and it is aimed to look ahead to things that may occur. Town
Attorney Gougelman stated that this clause is included in most City Manager’s contracts. Town Attorney
Gougelman stated that if problems occur in future, it was pointed out at the last meeting that the Town would
not renew the contract after the term expires, but he will continue to recommend the termination without
cause clause in contracts. Commissioner Walters stated that the first people we protect is the Town of
Melbourne Beach and try to do what we can to get Linda Loizzo as our Police Chief and asked Town Attorney
Gougelman that based on this, what revision was made to protect the Town from a lawsuit without this clause?
Town Attorney Gougelman stated that the protection you have is not as strong as it was, the protection in the
contract is, you have the ability to suspend, with or without pay, and the ability to terminate for cause, and this
contract has a term limit of 3 years, which is a protection. Commissioner Walters asked Town Attorney Gougelman
if it is his recommendation that this clause remain in contract, legally speaking? Town Attorney Gougelman
responded yes, legally speaking that is my recommendation. Commissioner Walters asked if the one-year
severance and arbitration clause has been eliminated in the contract? Town Attorney Gougelman stated that
he did eliminate it in the contract he presented to Ms. Loizzo’s attorney.
Commissioner Price stated that he was of the opinion that the clause should be eliminated and advised that the
Town Attorney, in his recommendation, mentioned that Town Management contracts that he has seen, all have
this clause and asked him if we are hiring Ms. Loizzo for Town Manager? Town Attorney Gougelman responded, no.
Commissioner Price stated that we are at a time when public safety has been elevated to a greater priority than
ever before in the history of our nation and that we can do no less than to find and hire the best qualified candidate
and the public has said that this candidate is the best qualified, and it would be a terrible error not to hire this
candidate. Commissioner Price stated that if it had not been for interference, there would be no contract.
Commissioner Wilson stated that he observed that Ms. Loizzo was concerned about interference and her
husband probably made the changes in the contract as he was making the negotiation requests rather than
herself as everything pointed away from the Town to the Police Chief. Commissioner Wilson stated that her
husband seems very pro-active in Linda’s career and when he watched what happened at the last meeting, they
may come to Melbourne Beach and without constraints and we may not be able to stop it. Commissioner Wilson
stated that he is waiting to see what comes back with the contract.
Mayor Crispen opened the meeting for public comments.
Jason Steele, 701 Pine Street commented that he is amazed we are discussing this contract again. Mr. Steele
stated that if you don’t want Linda, don’t hire her and this has gotten so out of hand and the Town Commission
needs to stop trying to interject what they want into the contract. Mr Steele stated that the Town Commission
should not be negotiating this contract, the Town Manager should.
Paul Guglietta, 318 Third Avenue agreed that the contract should never have come to the Town Commission, it
should have been handled by the Town Manager. Mr. Guglietta stated that Ms. Loizzo will be a good Police
Chief for this Town. Mr. Guglietta commented that when Ms. Loizzo decided she wanted to have a contract,
the Town Manager should have sat down with the Town Attorney to draw up a contract and then get together
with Ms. Loizzo and her attorney and report back to the Town Commission what is going on.
Martha Russo, 420 Sunset Boulevard commented that it appears to many residents that Commissioner Walters
had sheep’s clothing on when he suggested Linda Loizzo go into a contract negotiation. Commissioner Walters
stated that the Town Commission tasked our Town Manager to hire a Police Chief and did not know who was
hired until he received an e-mail from the Town Manger. Commissioner Walters stated that Ms. Loizzo was
hired to start October 1, 2002 and that he welcomed her and that he turned down a position with the Police
Department because he did not want to go back in uniform and have the officers come to him with information.
Commissioner Walters stated that Ms. Loizzo showed him the contract that the Town Manager prepared and
she advised that they were going to sign the contract, but, the Town Attorney advised they could not.
Commissioner Walters stated that he told her that a contract was a pretty good idea for her. Commissioner
Walters stated that on August 21, 2002 Linda Loizzo came in and was working as the Police Chief and later,
she discovered that Officer Haran was making more money, and now, we receive a contract with more than she
was offered. Commissioner Walters stated that this contract was just a ploy to ask for more. Ms. Russo
stated that she was disappointed about the comments Commission Wilson made last Monday evening regarding
Ms. Loizzo’s husband. Commissioner Wilson stated that her husband is a police officer and he is very much into
what is happening regarding this contract between the Town and Linda and she should handle her own affairs.
Town Attorney Gougelman stated that Ms. Loizzo’s husband is a representative for the Dade County Police
Benevolent Association, therefore, there is a professional interest because he has experience negotiating contracts.
Lori Wille, 809 Riverside Drive commended the Town Commission for their work on this contract and commented
that there was interferences and incidences, and also the Florida Department of Law Enforcement was contacted
recently. Ms. Wille commented on a meeting Ms. Loizzo had with Commissioner Walters and how Ms. Loizzo’s
comments about the meeting are much different from Commissioner Walters. Ms. Wille stated that she feels
strongly that Linda is the candidate for the position and the Town Commission should stay out of the negotiations.
Commissioner Walters stated that he had one (1) meeting and one (1) telephone call with Linda Loizzo and that
they got along just fine at the meeting. Commissioner Walters explained that a consultant, hired by the Town
was trying to go back five (5) years and undo a demotion that was done by a previous Town Manager and he
discussed it with Ms. Loizzo’s and she agreed with him and it was a pleasant meeting and she advised that
she was going to promote him and that she was not going to go back and try to undo something that was done
five (5) years’ ago by a previous Town Manager. Commissioner Walters stated that he saw an article in the
newspaper that a fourth sergeant had been promoted and he called the department and was told by an officer
that he had to talk to the Chief, he talked to Interim Chief Haran and was advised he had to talk to Linda Loizzo
and he told Interim Chief Haran that he is the Chief and he said no, talk to Linda.
Commissioner Walters stated that he went into the office to talk to Linda about the promotion and she explained
it to him and he accepted it and that he had no problem and that they have had positive conversations since.
Commissioner Walters stated that he was advised by the Town Manager that he needs to ask such questions
of him and not the department. Commissioner Walters stated that he received a call from a former Town employee
and a resident called asking if Ms. Loizzo is a consultant, the Police Chief or has she never been an employee of
the Town? Commissioner Walters stated that he did exactly what the Town Manager requested him to do, and
explained that he went to him and asked if Ms. Loizzo is registered because by Florida Law you cannot be a police
officer in the Town of Melbourne Beach without registering, it is a very serious process. Commissioner Walters
stated that the Town Manager said he would check with the Florida Department of Law Enforcement and get
back to him. Commissioner Walters stated that when the Town Manager did not call within 36 hours, he called
back the person who made the inquiry and was advised that she was not registered in this community.
Commissioner Walters advised that he then called the Florida Department of Law Enforcement and talked to
Robin Davis and asked if Chief Loizzo is registered or not and she said, no. Commissioner Walters stated that
he asked Robin Davis a series of questions, Should she be wearing our badge and uniforms? No. Should she
have taken any police action? No, and if she did, it would be a violation of the law. Commissioner Walters
stated that Robin Davis will tell everyone who wants to contact her that when she asked him where he wanted
to go with this, he said he didn’t want to go anywhere with it. Commissioner Walters stated that Robin Davis
said she would call the Town Manager and her legal council and call him back, which she did and she said
that Mr. Hoskovec had denied Ms. Loizzo had access to files or had taken any police actions, etc.
Commissioner Walters stated that the employee involved resigned because of Ms. Loizzo and because they
were all told that she was the Police Chief and in order to be the Police Chief, she had to be registered.
Commissioner Walters stated that he was not the only Commissioner to bring this to the Town Manager’s
attention.
Commissioner Walters stated that we have a possibility that we have a consultant coming in here who has
been acting as Police Chief and we now have the liability that it all entails. Commissioner Walters stated the
Ms. Davis informed the Town Manager what he had to do to correct this situation and the fact remains that if
Chief Loizzo took any police action over the last four (4) months, we have liability. Commissioner Walters
advised that he asked the Florida Department of Law Enforcement agent about being a consultant and there
is no contract and no report was issued so she was not a consultant, she either was or was not a police
officer in the Town.
Mayor Crispen advised that he called Robin Davis today and was told that Commissioner Walters did make
allegations and accusations and that he did initiate the call.
XI. NEW BUSINESS:
A. DISCUSSION AND POSSIBLE ACTION REGARDING RESOLUTION NO. 677 CREATING THE
HISTORIC BUILDING PRESERVATION AD HOC COMMITTEE.
Town Attorney Gougelman read Resolution No. 677 by Title. Town Manager Hoskovec advised that this resolution
was adopted a few year’s ago and had a sunset date of April 1, 2002 and that the Town Commission has
reappointed members to the Williams Building Committee. Town Manager Hoskovec stated that we never
made any provision to continue the Committee and asked for direction from the Town Commission.
Vice Mayor Smith asked if the Committee wishes to continue? Town Manager Hoskovec stated that this is
his understanding. Vice Mayor Smith stated that we need to write another resolution and bring it back to the
Commission.
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER WILSON TO DIRECT THE TOWN MANAGER AND
TOWN ATTORNEY TO DRAW UP A CONTINUATION RESOLUTION TO RESOLUTION 677.
VOTE: ALL AYES. MOTION CARRIED.
XII. REPORTS:
A. TOWN ATTORNEY
No Report.
B. TOWN MANAGER
Town Manager Hoskovec reported that the Town received 30 applications for the Finance Director’s position and
that he will interview seven (7) applicants between Christmas and the New Year holiday. Town Manager Hoskovec
that the pier has been removed and the project is moving along.
C. TOWN COMMISSIONERS
Commissioner Walters asked if it would be possible to get lights for speaking order? Mayor Crispen stated that
he has talked to the Town Manager about this and he will have Public Works put together a light system.
Mayor Crispen stated that other cities have the Town Manager, Town Attorney and Town Clerk sitting right in
front of the Town Commission and it would be helpful to have the support staff in front to be more efficient and
enhance information flow. Mayor Crispen asked to try this for a meeting. There were no objections to this idea.
Commissioner Walters stated a couple of months’ ago, the Town Manager told us that we did not owe the
Clerk of Courts $230,000 and according to a letter from Scott Ellis, we do owe them $230,000 and asked if
that is still the contention? Town Manager Hoskovec stated that it is still the Clerk of Court’s contention, and
until we have the final audit, it would be unrealistic to accept this amount.
Commissioner Walters stated that he hopes that the Town Commission continues to have more and more
people show up at meetings and that he should apologize to the Mayor for interrupting him, but he takes
exception when he is accused. Commissioner Walters stated that for the record, what he said to Robin Davis,
regardless of how she took it, and I have had a call into her for two (2) days now, was that he asked her specific
questions, if this occurred, would that be a violation of the law, if this occurred, would that be a violation of
standards and training, if we are wearing our uniform and badge, would that be a violation? Commissioner
Walters stated that he also talked to Town Attorney Gougelman and pretty much said the same thing.
Commissioner Walters stated that it is his understanding from the former officer that some of these things
occurred and he asked Ms. Davis the questions, and, if she took these as allegations, it was not the intent
on his part. Commissioner Walters stated that he never said she did anything because he did not see anything,
he was just repeating what he was told and asked those questions. Commissioner Walters stated that he
would try to get Robin Davis here to explain to everyone so that everyone does not leave here thinking he
was not telling the truth.
Mayor Crispen stated that for the record, he was not accusing Commissioner Walters of anything, he was
merely stating what Robin Davis told him in a telephone conversation today.
Commissioner Price asked what liability, if any goes to the Town for the independent actions of Town
Commissioners? Town Attorney Gougelman stated that it depends on the circumstances and explained
a situation that occurred in Miami Beach where a Commissioner tried to stop a developer’s proposed project
and how the focus of the complaint was on the Commissioner acting in his personal capacity.
Commissioner Wilson stated that as in his statement earlier this evening, in the future when he brings something
up for the rest of the Town Commissioners he wants them to know how he felt on an issue because of the
Sunshine Law.
Mayor Crispen asked that the Town Attorney hold a workshop early in year on the Sunshine Law for the Town
Commission and Board Members. Mayor Crispen stated that Frank Thomas wants to be named Town
Historian and relinquish Town artifacts and asked that this be on the January agenda. Mayor Crispen stated
that the Space Coast League of Cities will hold a Gasby 34 meeting at the April meeting prior to the Board of
Director’s meeting. Mayor Crispen stated that the City and County Summit, which was mentioned at the last
meeting, is scheduled for February 21, 2003 and the Town will not be billed as full funding is anticipated.
Mayor Crispen stated that he is very interested in running meetings in compliance with Resolution 702 and
commented that any member who has the floor on an issue can only speak one (1) time on that issue and
advised that he will not allow additional comments from the same Commissioner in the future. Mayor Crispen
asked what the Town Commission can do when there is an unruly public? Town Attorney Gougelman advised
that you can remove them only if they are totally out of control and only as a last result.
Commissioner Walters stated that he would like to hear what Mrs. Marshall has to say from the audience.
Mayor Crispen advised that we have rules to follow and the public comment portion of the meeting is over.
COMMISSIONER WALTERS MOVED THAT THE COMMISSION STAY LONG ENOUGH TO HEAR WHAT
ANYONE ELSE HAS TO SAY.
THE MOTION DIES FOR LACK OF A SECOND.
D. GENERAL COMMISSION DISCUSSION (TIME PERMITTING)
There was no general Commission discussion.
XIII. ADJOURNMENT
COMMISSIONER PRICE MOVED, SECOND MAYOR CRISPEN TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The regular meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 9:12 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.
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