February 9, 2001 5:00 P.M. TOWN HALL - COMMISSION ROOM CALL TO ORDER: MAYOR WILLE PLEDGE OF ALLEGIANCE: MAYOR WILLE I. DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF TOWN MANAGER EMPLOYMENT AGREEMENT II. ADJOURNMENT |
MINUTES TOWN COMMISSION SPECIAL MEETING February 9, 2001 A special meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by Mayor Wille at 5:15 p.m. on Friday, February 9, 2001 in the Commission Room at Town Hall. Mayor Wille also led the Pledge of Allegiance to the Flag. Present: Mayor Wille Vice Mayor Remark Commissioner Smith Commissioner Stacey Absent: Commissioner Betten Others Present: Town Manager Ciummo Police Chief Walters Four residents Town Clerk Masny I. DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF TOWN MANAGER EMPLOYMENT AGREEMENT Mayor Wille stated that the Town Commission requested him to meet with the Town Manager to discuss a contract to present to the Town Commission. Mayor Wille advised that he went into discussion with the Town Manager on the premiss that the last two and one-half (2-1/2) months never happened and that it is the end of her current contract. Mayor Wille advised that the Town Manager's employment agreement proposal are changes to the current contract. The Town Commission reviewed changes requested in the contract: Term: 12 Months; Compensation: $60,000 with the amount to be a base pay of $46,251 reduced by received severance pay of $13,479; Severance Pay: same as previous agreement; Annual Review: no less than four (4) months prior to the expiration of agreement; Renewal of Employment Agreement: If the Town fails to notify the Town Manager and/or take action to renew the agreement less than three (3) months prior to the expiration date, then the terms of the severance clause contained in the original agreement will be paid if the contract is not renewed. Mayor Wille pointed out that a section is not listed in this proposal and it should be listed as agreed to by the Town Manager and himself, Should the Manager leave prior to completion of the term by her own choice, her last paycheck and any outstanding vacation or sick time payout will be forfeited up to the outstanding balance of severance paid. Town Commission discussed the agreement proposal as submitted and Commissioner Smith advised that in November, the Town Commission had a consensus not to renew the contract based on the Town Manager's job performance and now we are looking to pay her an annual salary of $60,000, with 10% for pension, which amounts to $6,000 and $1,800 for car allowance, this amounts to $67,800. Commissioner Stacey stated that the Town has advertised a salary of $50 to $60 thousand dollars for the manager position. Commissioner Smith stated that last year, the Town Commission gave the Town Manager a $5,000 increase, and, based on what was said of her performance, she can't understand why the Commission would give her another $5,000. Commissioner Smith noted that the agreement says the Town Commission shall do a performance evaluation each year. Commissioner Smith stated that based on job performance, it does not warrant this kind of an agreement for one (1) year. Mayor Wille stated that he has changed his mind because he was influenced by what he perceives as a general feeling of satisfaction by the citizens of this Town at the direction the Town is going. Mayor Wille stated that he feels that internally, he felt originally, a change in management would be a good direction. Mayor Wille stated that he has been persuaded that the residents are happy with the way things are going and the internal elements have not gravitated to the outside people we serve. Mayor Wille advised that if this is the case, it is a challenge to the Town Commission, Town Manager and everyone who is involved in the administration of this Town to find a way. Mayor Wille read into the record, a letter he received regarding a meeting he had with citizens about the Town Manager. "I just wanted to thank you personally for listening to the concerned citizens. We are thankful that you and the Commission are willing to allow Nancy time to complete projects and solve problems. Your wisdom, patients and humility could inspire a fresh look at what is going on in our lovely Town. We are thankful for your service to this community. Our prayer for all of you will be that truth and justice and righteousness will prevail as the departments work together and hopefully mend fences and God bless your efforts. Sincerely P.S. My husband's firm has used several speakers in motivating and team building his employees. We can highly recommend them to you. They work well on a one-day retreat setting. Let me know if we can help in anyway." Mayor Wille stated that the task would be on the Town Commission to mend these fences through whatever means, we need to try to improve by addressing these issues. A discussion was held regarding the Town Manager's need to handle internal issues. Mayor Wille stated that he will try harder for the Town and asked Town Manager Ciummo if she would try harder and respond to the concerns people express legitimately and if she will try to improve? Town Manger Ciummo stated that we had reviews and feedback and if I know what the issues are, hopefully, I'll be able to respond to them. Town Manager Ciummo advised that as for reviews and feedback, one (1) Commissioner never did give me two (2) annual reviews, this needs to be considered. Mayor Wille stated that he believes there is an opportunity to work among all of us to improve all of the conditions which need and should be improved and that he is willing to make that effort if everybody else is. Commissioner Stacey stated that he believes that the Town Manager knows where she stands and we need to renew her contract for one (1) year and immediately do a performance evaluation because she has not had one in the past 13 months. Vice Mayor Remark stated that she feels uncomfortable about the fact that the Town Manager does not communicate with Commissioner Smith and this is not right. Vice Mayor Remark stated that she gets telephone calls from residents and has contact with County people and they all have been very pleased with their relationship with the Town Manager. Mayor Wille opened the meeting to comments from the public. Woody Woodrum, 505 First Avenue asked who had the complaints against Vince Powers because this Town has never looked so good since I've lived here and I've lived her a long time. The Town Commission agreed with Mr. Woodrum. Police Chief Walters stated that for the record, he does not complain about any employee in this Town unless it directly affects the Police Department and our ability to deliver services to the residents. Chief Walters stated that the employees received less than a 5% increase in salary this year, based on evaluation, but, you are going to give the Manager an 11% raise with no evaluation? Chief Walters stated that this does not send a good message to all of the other employees. Chief Walters stated that he has been employed by the Town for 22 years and does not make that kind of money and he has a better education. Town Manager Ciummo stated that the average life of a Town Manager is 2.5 years and that she has 27 years of experience and has worked in 5 places, which is way above that average. Town Manager Ciummo stated that a Town Manager is not like every other employee, (to Chief Walters) you have job protection, that's why you have been here 22 years, we have to have portable pension plans. Town Manger Ciummo stated that she believes she has given a lot to this Town and doesn't think that she has had cooperation from the staff the way she thinks that she should, especially lately. Town Manager Ciummo stated that we are here to go forward and this contract is what I'm asking for and it is nonnegotiable. Town Manager Ciummo announced that she is going to leave and the Town Commission can decide what it wants to do and let her know. Sue Stark, 305 Fifth Avenue stated that she believes that the evaluation is very important and it needs to be done soon. Ms. Stark stated that you need to let the bad blood rise to the surface and this was a good start. Chief Walters discussed how his employees have sent grievances to the Town Manager for settlement and have been advised that their problems cannot be grievanced. Chief Walters stated that there has to be a solution to the grievances. COMMISSIONER STACEY MOVED, SECOND VICE MAYOR REMARK TO APPROVE THE TOWN MANAGER'S CONTRACT FOR A 12 MONTH TERM, COMPENSATION, $60,000 WITH THE AMOUNT TO BE A BASE PAY OF $46,251 REDUCED BY RECEIVED SEVERANCE PAY OF $13,479, WITH AN EVALUATION TWICE IN THE NEXT YEAR, ONE NOW AND ONE FOUR (4) MONTHS PRIOR TO THE EXPIRATION OF THE CONTRACT, WITH A SEVERANCE PAY THE SAME AS IN THE PREVIOUS AGREEMENT, IF THE TOWN FAILS TO NOTIFY THE TOWN MANAGER AND/OR TAKE ACTION TO RENEW THE AGREEMENT LESS THAN THREE (3) MONTHS PRIOR TO THE EXPIRATION DATE, THEN THE TERMS OF THE SEVERANCE CLAUSE CONTAINED IN THE ORIGINAL AGREEMENT WILL BE PAID IF THE CONTRACT IS NOT RENEWED, SHOULD THE MANAGER LEAVE PRIOR TO COMPLETION OF THE TERM BY HER OWN CHOICE, HER LAST PAYCHECK AND ANY OUTSTANDING VACATION OR SICK TIME PAYOUT WILL BE FORFEITED UP TO THE OUTSTANDING BALANCE OF SEVERANCE PAID. VOTE: COMMISSIONER STACEY, AYE. VICE MAYOR REMARK, AYE. MAYOR WILLE, AYE. COMMISSIONER SMITH, NAY. MOTION CARRIED. Mayor Wille asked Town Clerk Masny to advise the Town Manager of the decision of the Town Commission and stated that he will ask the Town Attorney to draw up a contract for signature. The Town Commission discussed the idea of requesting a facilitator to meet with the Town Commission to discuss concerns. VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STACEY THAT TOWN MANAGER CIUMMO CARRY OUT THE DIRECTIVE AGREED TO IN HER RESIGNATION LETTER BY FEBRUARY 20, 2001 REGARDING HER PREPARING A DETAILED MEMO ON ALL PROJECTS. VOTE: ALL AYES. MOTION CARRIED. II. ADJOURNMENT VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STACEY TO ADJOURN. VOTE: ALL AYES. MOTION CARRIED The special meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 6:50 p.m. ________________________________________ ROBERT D. WILLE, MAYOR ________________________________________ 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. |
MINUTES TOWN COMMISSION Special Meething February 6, 2001 A special meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by Mayor Wille at 8:13 p.m. on Tuesday, February 6, 2001 in the Community Center. Present: Mayor Wille Vice Mayor Remark Commissioner Smith Commissioner Stacey Absent: Commissioner Betten Others Present: Town Manager Ciummo Police Chief Walters Sergeant Bailey Town Clerk Masny I. REPORT ON STATUS OF GRANT APPLICATIONS - CAPE CANAVERAL SCIENTIFIC Amy Adams of Cape Canaveral Scientific came forward and updated the Town Commission on grant applications submitted by her for the Town to the various State agencies. Ms. Adams reported that two (2) grants were submitted to St. Johns River Water Management District for their stormwater environmental cost share program on December 8th, this includes the grant funding to correct flooding problems on Anchor and Pelican Keys, which has already received some 319 funding this past August. Ms. Adams stated that the Town also received the Stormwater Masterplan funding. Ms. Adams noted that there is money in both of these projects, which has gone into the emergency management program. Ms. Adams stated that the status of that program is that we made it through the programmatic stage, which means that the Town has provided all of the essential paperwork on the grant package and final decisions will be made at the February 14-15 meeting. Ms. Adams stated that this includes the remainder of the Anchor and Pelican Key project and Stormwater Masterplan project and the Storm Shutter project for the new facilities. A. DISCUSSION AND POSSIBLE ACTION FOR NATIONAL SCENIC BYWAYS PROGRAM - APPROVAL OF WORK ORDER Ms. Adams stated she discussed this program with Ted Moorhead who sits on the Coalition Board for Brevard County. Ms. Adams advised that the Coalition is meeting on February 14th to review projects and stated that these funds could help with the remainder of the FIND grant funding for the pier reconstruction. Ms. Adams advised that she has attached an invoice for this project. COMMISSIONER STACEY MOVED, SECOND COMMISSIONER SMITH TO APPROVE THE WORK ORDER FOR CAPE CANAVERAL SCIENTIFIC FOR THE NATIONAL SCENIC BY-WAYS PROGRAM GRANT APPLICATION. VOTE: ALL AYES. MOTION CARRIED B. DISCUSSION AND POSSIBLE ACTION REGARDING A GRANT PROPOSAL FOR FIND 2001-2002 WATERWAY ASSISTANCE PROGRAM - APPROVAL OF WORK ORDER Ms. Adams reported that this grant is due on March 30th and requires a resolution and a meeting to be held with Ted Moorhead, the Brevard County FIND Representative, which has already taken place. Ms. Adams advised that the Town is requesting $185,000 in funding and the FIND money set aside to Brevard County is $300,000 to $400,000. Ms. Adams stated that the project is estimated to cost $273,000 and the Town is asking for the maximum amount for this project. Ms. Adams stated that Mr. Moorhead advised her that the Town may receive $100,000 in grant funding. Mayor Wille asked Ms. Adams about a plan for the pier and what will be needed as far as a grant application submittal is concerned. Ms. Adams advised that the Town will need a preliminary conceptual site plan and advised that the Town may be able to save $8,000-$10,000 if the permit can be found and reused from the previous pier reconstruction project. Mayor Wille asked that Ms. Adams investigate the possibility of reconstructing the pier the way it used to look and requested that Ms. Adams provide the Town Commission with a copy of the preliminary conceptual site plan of the pier. COMMISSIONER STACEY MOVED, SECOND COMMISSIONER SMITH TO APPROVE THE WORK ORDER FOR CAPE CANAVERAL SCIENTIFIC FOR A GRANT PROPOSAL FOR THE FIND 2001-2002 WATERWAY ASSISTANCE PROGRAM. VOTE: ALL AYES. MOTION CARRIED. Ms. Adams discussed a grant opportunity through the Department of Environmental Protection for the Loggerhead Park Preserve and the Town Commission requested that Ms. Adams discuss this information with the Environmental Advisory Board. II. RESOLUTION NO. 675 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AUTHORIZING AN APPLICATION TO THE STATE OF FLORIDA FOR GRANT FUNDS UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM TO RECONSTRUCT THE MELBOURNE BEACH MUNICIPAL PIER; AUTHORIZING THE INTERIM TOWN MANAGER TO FILE SUCH APPLICATION; COMMITTING RESOURCES FOR THE LOCAL MATCH AND ADMINISTRATION OF SAID PROJECT UNDER THE TERMS AND CONDITIONS OF THE PROJECT AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. Mayor Wille read Resolution No. 675 by title and stated that this resolution is to go with the Town's application for the FIND grant funding. Commissioner Smith requested that on Page 1, under the brief description of project, second line from the bottom, add the word "is" after the word "pier." COMMISSIONER SMITH MOVED, SECOND VICE MAYOR REMARK TO APPROVE RESOLUTION NO. 675 AS AMENDED. A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AUTHORIZING AN APPLICATION TO THE STATE OF FLORIDA FOR GRANT FUNDS UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM TO RECONSTRUCT THE MELBOURNE BEACH MUNICIPAL PIER; AUTHORIZING T HE INTERIM TOWN MANAGER TO FILE SUCH APPLICATION; COMMITTING RESOURCES FOR THE LOCAL MATCH AND ADMINISTRATION OF SAID PROJECT UNDER THE TERMS AND CONDITIONS OF THE PROJECT AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. VOTE: ALL AYES. MOTION CARRIED. III. SELECTION OF AN INTERIM TOWN MANAGER Mayor Wille stated that the Town Commission has interviewed Susan Boyer and William Law for consideration for the position of Interim Town Manager. Mayor Wille asked if there were any comments or questions of the Commission regarding the selection of an Interim Town Manager? There were none. Mayor Wille opened the discussion to the public regarding the selection of an Interim Town Manager. There were no comments from the public. Commissioner Smith stated that she thought Susan Boyer made a good impression, but, stated that she has questions regarding some of the benefits and salary requested by Ms. Boyer. Commissioner Smith noted that Susan is requesting a salary of $60,000, which is the top end of the salary range. Commissioner Smith discussed the salary and benefits offered to the previous Interim Town Manager. Commissioner Stacey stated that he was impressed with Susan Boyer, but, noted that the unemployment rate is 4.2% and stated that nobody should be unemployed for a great deal of time. Commissioner Stacey pointed out that Ms. Boyer has not been employed since last October, and she only worked there for five (5) months, the job before seven (7) months, the job before that three (3) months and the job before that sixteen (16) months. Commissioner Stacey stated that this bothers me and commented that he believes Susan Boyer is qualified for the job and would do very well as Interim Town Manager. Mayor Wille stated that he has been persuaded by a lot of the members of the community that have come forward in support for the current Town Manager. Mayor Wille commented that the Town is in the middle of a lot of projects and comments have been made regarding the "institutional knowledge" that Nancy Ciummo holds would be a great sacrifice to the Town. Mayor Wille stated that Susan Boyer did a very nice job interviewing and would be a wonderful addition as an interim manager. Mayor Wille stated that as much as style differences may be different than the way he would have things conducted internally by the Manager, it is a style difference and what I've been hearing is that people are pleased with the course in which the Town has been moving, and a lot of that is attributed to the Manager and her efforts. Mayor Wille pointed out that the Town Commission is closest to the Manager in the way we have to deal with her than the general public is, but, we serve the general public. Mayor Wille stated that those personal differences aside, my responsibility is to the public and the public is pleased with the direction with which the Town is headed. Mayor Wille asked the Town Commission to keep Nancy on as a manager in the permanent capacity for at least one (1) year. Mayor Wille stated that he is willing to try to improve the relationship that caused the consensus at the November to not renew the contract. Commissioner Stacey stated that he has no problem with renewing the Town Manger's contract for another year, but, there are some problems in the departments that need to be cleared up. Mayor Wille advised Commissioner Stacey that the problems in the Town departments are to be handled by the Town Manager. Commissioner Stacey discussed problems he has heard in the various departments. Mayor Wille asked Commissioner Stacey if he believes that Nancy is capable of resolving these issues? Commissioner Stacey stated that he has no problem with Nancy being able to handle the Town issues. Commissioner Smith stated that if the Town Commission is hearing that there are that many problems, something is wrong somewhere. Commissioner Smith stated that it is up to the Manager to handle these problems and control them. Mayor Wille asked if the Town Commission is willing to consider offering the Town Manager her position back and task someone to negotiate a contract if she is willing. Vice Mayor Remark stated that the Town has a staff of bright and reasonable adults who can put personalities aside, and asked to hear comments from Town Manager Ciummo. Town Manager Ciummo stated that she enjoys working here and feels she can contribute more to the community. Town Manager Ciummo stated that she was disappointed when the contract was not renewed because she felt that together we had put a lot of things in motion and she wanted the opportunity to see those things through. Town Manager Ciummo stated that she lives here and has a vested interest in seeing things succeed. Town Manager Ciummo stated that there are problems in the administration and it can be overcome by working with the staff to resolve these issues. Town Manager Ciummo stated that she is willing and would appreciate the opportunity to continue on. COMMISSIONER STACEY MOVED, SECOND VICE MAYOR REMARK TO CONTINUE EMPLOYMENT OF THE TOWN MANAGER FOR A 12-MONTH PERIOD, SUBJECT TO NEGOTIATION OF AN ACCEPTABLE CONTRACT. VOTE: COMMISSIONER STACEY, AYE. VICE MAYOR REMARK, AYE. MAYOR WILLE, AYE. COMMISSIONER SMITH, NAY. MOTION CARRIED. Mayor Wille stated that he will meet with the Town Manager, with the Town Commission's approval to try to come up with a contract for a continuation of her contract for another year. Mayor Wille requested that the Town Commission hold a special meeting as soon as possible after if a contract cannot be negotiated or to approve or deny a contract. Steve Walters, resident of Melbourne Beach stated that this is the fourth or fifth time we have been told that the Town Manager is leaving and coming back and asked the Town Commission if they care how this affects the employees? Does anybody care? Mr. Walters stated that this indecision is really hard on the employees. Mr. Walters stated that we have been ordered not to talk to the Town Commissioners. Town Manager Ciummo stated that this is not true. Mayor Wille requested that Mr. Walters be allowed to proceed. Mr. Walters stated that the Town does not have a decent payroll and advised that he has not had a correct check in the last three (3) months. Mr. Walters stated that he has been given money in his pay check that he does not have coming and he tried to give it back and they don't want it back. Mr. Walters advised that he has been informed by the officers that if this continues there will be a union here because they are not going to continue to not have their problems addressed. Mr. Walters advised that he has received complaint after complaint and nothing has been done. Mayor Wille stated that these problems need to be addressed and closure needs to come, and Commissioner Stacey's motion to continue the Town Manager contract brings closure of the issue of a destabilized situation and lack of a void of leadership in the Town. Town Manager Ciummo advised that she is well aware of the payroll problems and knows exactly how to correct them. The Town Commission advised that they would like to see the Town Manager correct these payroll problems. Sue Stark, 307 Fifth Avenue stated that she has concerns and will reinforce Commission Smith's statement at a previous meeting that the Town Commission look at the Town Manager's duties and review them so that the Town Commission has a clear idea as to what they expect from a Town Manager. Ms. Stark stated that during the interviews for the Interim Town Manager position, Mr. Law said that a conflict with an employee is something you need to have the opportunity to sit down and evaluate with the employee. Ms. Stark stated that as a teacher, if there is a complaint in school, the problem has to be addressed and she has to sit down and discuss the issue and give the person an opportunity to work it out. Ms. Stark stated that on Nancy Ciummo?s behalf, this has not been done, but, on the Commission's responsibility in looking at this and not clarifying what the Town Manager's position is prior to making a decision like this is a little foolhardy. Amy Adams, 220 Surf Road and grant writer for the Town stated that she is concerned that the Town have as much an uninterrupted pathway as possible as we continue to receive funds as well as grant projects. Ms. Adams stated that her great concern is maintaining institutional knowledge in the Town. Ms. Adams advised that she has heard from a number of residents who are quite pleased with the way the Town has been progressing over the past three (3) years. Linda Noble, 308 Second Avenue stated that she spent time talking to Nancy Ciummo about the Town's lifeguard agreement. Ms. Noble advised that in stressful situations, we lose sight of the big picture of what we are doing and how we are treating each other. Ms. Noble stated that she will be praying that the Town Commission and Town Manager resolve their problems. Cissy Jones, 509 Andrews Drive thanked the Town Commission and Town Manager and stated that the Town has never looked better. Ms. Jones stated that Nancy Ciummo has the knowledge to get the grants that the Town needs and the threads needed to complete the projects. Ms. Jones thanked the Town Commission for retaining Nancy as Town Manager. Bob Wood, 508 Sunset Boulevard stated that he has lived in Town since 1946 and this is the best the Town has ever looked. Mr. Wood stated that the Town Manager has to contend with the Town Commission, the public, and the employees and a lot of residents and some of the stories people tell him makes this Town seem like Patton Place. There being no further comments, Mayor Wille closed the meeting from public comments. The Town Commission discussed the possibility, if necessary, of holding a workshop with the Town Manager to review her job description and policies and procedures. V. ADJOURNMENT COMMISSIONER STACEY MOVED, SECOND COMMISSIONER SMITH TO ADJOURN. VOTE: ALL AYES. MOTION CARRIED. The special meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 9:38 p.m. ________________________________________ ROBERT D. WILLE, MAYOR ________________________________________ 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. |