WEDNESDAY April 18, 2001 7:00 P.M. COMMUNITY CENTER *********************************************************************************************************************** CALL TO ORDER: MAYOR WILLE PLEDGE OF ALLEGIANCE: MAYOR WILLE PRESENTATIONS/REPORTS RON JONES - BREVARD COUNTY SURFACE WATER IMPROVEMENT PROGRAM REGARDING COUNTY DRAINAGE PROJECT GAIL JONES - OUTLAW, RICE & JONES, INC. TOWN’S CONSULTING ENGINEERS REPORTS ON VARIOUS PROJECTS BOARD REPORTS: MARK CRISPEN, CHAIRMAN BLUE RIBBON MUNICIPAL COMPLEX REVIEW AND ADVISORY COMMITTEE - STATUS REPORT DONNIE PRICE AND LORI WILLE CHAIRMAN AND VICE CHAIRMAN PARKS BOARD - CLARIFICATION ON BOARD RESPONSIBILITIES DENNIS HUGDAHL - FLORIDA ACCOUNTING COMPUTER SERVICE, INC. - REVIEW OF CURRENT FINANCIAL MANAGEMENT SYSTEM AND ACCOUNTING SERVICES I. APPROVAL OF MINUTES: JANUARY 10, 2001 SPECIAL MEETING JANUARY 17, 2001 WORKSHOP JANUARY 17, 2001 REGULAR MEETING FEBRUARY 6, 2001 WORKSHOP FEBRUARY 6, 2001 SPECIAL MEETING FEBRUARY 9, 2001 SPECIAL MEETING FEBRUARY 21, 2001 REGULAR MEETING MARCH 8, 2001 SPECIAL MEETING MARCH 21, 2001 SPECIAL MEETING II. NON-SCHEDULED CITIZEN COMMENTS (3-MINUTE LIMIT, PLEASE) Comments will be heard on items that do not appear on the agenda of this meeting. Note, however, that state law and administrative rules prevent the Town Commission from taking any formal action on any item discussed at this time. The Town Commission may schedule such items as regular agenda items and act upon them in the future. The Mayor is authorized to limit discussion, as necessary, with each commentary limited to 3 minutes. III. NEW BUSINESS: A. ROCHELLE LAWANDALES, LAWANDALES PLANNING AFFILIATES: REQUEST FOR AMENDMENT TO FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT PHASE I B. DISCUSSION AND POSSIBLE ACTION REGARDING AMENDMENTS TO TOWN’S POLICIES AND ADMINISTRATIVE PROCEDURES MANUAL: 1. CHAPTER 3 “STANDARDS OF CONDUCT” 2. CHAPTER 4 “GENERAL RULES AND REGULATIONS” 3. CHAPTER 20 “GRIEVANCE/COMPLAINT PROCEDURE” C. DISCUSSION AND POSSIBLE ACTION RECOGNIZING THE TOWN MANAGER’S ADMINISTRATIVE AUTHORITY TO REVISE THE FORM OF PAYROLL REPORTING AND RECORD KEEPING PRACTICES TO CONFORM WITH FAIR LABOR STANDARDS GUIDELINES AND DISCUSSION OF ADVANCING THE PAY DATE TO PAY EMPLOYEES AFTER TIME EARNED D. DISCUSSION AND POSSIBLE ACTION REGARDING RESURFACING OF TOWN TENNIS COURTS E. TOWN BOARD APPOINTMENTS, REAPPOINTMENTS & RESIGNATIONS F. APPOINTMENT OF LIAISON TO ST. JOHNS RIVER WATER MANAGEMENT DISTRICT G. RESOLUTION NO. 679 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AUTHORIZING AN APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR GRANT FUNDS UNDER THE FIRE FIGHTERS GRANT PROGRAM TO PURCHASE A FIRE ENGINE; AUTHORIZING THE TOWN MANAGER TO FILE SUCH APPLICATION; COMMITTING RESOURCES FOR THE LOCAL MATCH AND TERMS AND CONDITIONS OF THE PROJECT AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. IV. REPORTS A. TOWN BOARDS/COMMITTEES B. TOWN ATTORNEY C. TOWN MANAGER V. TOWN COMMISSION ANNOUNCEMENTS, COMMENTS & REPORTS VI. ADJOURNMENT 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. |
WEDNESDAY APRIL 18, 2001 7:00 P.M. COMMUNITY CENTER
*********************************************************************************************************************** CALL TO ORDER: MAYOR WILLE PLEDGE OF ALLEGIANCE: MAYOR WILLE A regular meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by Mayor Wille at 7:00 p.m. on Wednesday, April 18, 2001 in the Community Center. Mayor Wille also led the Pledge of Allegiance to the Flag. Present: Mayor Wille Vice Mayor Remark Commissioner Smith Commissioner Stark Commissioner Stacey Others Present: Town Attorney Gougelman Town Manager Ciummo Police Chief Walters Town Clerk Masny 27 members of the public PRESENTATIONS/REPORTS GAIL JONES - OUTLAW, RICE & JONES, INC. TOWN’S CONSULTING ENGINEERS REPORTS ON VARIOUS PROJECTS Gail Jones reported that he discussed the Town's concerns with Todd Long with the Florida Department of Transportation regarding the A1A resurfacing project. Mr. Jones stated that Mr. Long indicated that the singage issues have been corrected and the decorative mast arms will comply with the style approved by the Town Commission and the plans will be revised to show this. Mr. Jones advised that he was concerned about a 4' wide sidewalk shown just north of the intersection and FDOT indicated that they do not have enough right-of-way for a 5' wide sidewalk. Mr. Jones stated that he feels FDOT has adequately addressed any standing water issues brought up in the plan review. Mr. Jones stated that Todd Long advised that the southbound left-turn lane has right-of-way constraints north of the library property and FDOT cannot extend the turn lane farther up without going in and doing a complete redesign on drainage and utility issues in that area. Mr. Jones advised that FDOT also believes this applies to the west bound right-turn lane on Ocean Avenue because of a safety issue with the shopping center driveway. Mr. Jones stated that the landscaping and irrigation issue will be undertaken as the project proceeds. Mr. Jones stated that Mr. Long indicated that based on preliminary plans, FDOT hopes the project will go to bid by June or July of this year and construction will begin in September or October of this year. Mr. Jones reported that Outlaw, Rice and Jones has reviewed the Melbourne Beach Public Library project and has advised that there is some minor labeling and/or information missing on the plan, which have been indicated in a written response to the Town Manager. Mr. Jones reported that Outlaw, Rice and Jones has looked at traffic calming on Riverside Drive in response to verbal and written requests to slow traffic down. Mr. Jones stated that this is a major collector road, one of the two major north/south roads in Town and advised that there are approximately 6,000 vehicles per day entering the Town on this street. Mr. Jones advised that any traffic calming plan on this road will need to be analyzed, researched and evaluated in a great amount of detail as to not create a negative impact. Mr. Jones discussed the idea of installing rumble strips, but advised that they are very noisy and may be a problem to the residents. Mr. Jones requested that a traffic engineer be allowed to do an analysis of this problem. Mr. Jones reported that Outlaw, Rice and Jones has reviewed the Brevard County forced main project on Pine Street, Shannon Avenue and Andrews Drive. Mr. Jones reported that the County hopes to bid the project in the next 30 to 60 days, with construction approximately in July or August. Mr. Jones stated that approximately 3,100 feet of the project will be in Melbourne Beach and the residents in these areas will be given 48 hours' notice of any street closure. Mr. Jones reported that the hours of operation will be from 7:00 a.m. until 8:00 p.m. on a daily basis. Mr. Jones asked for questions of the Town Commission regarding these projects. Mayor Wille verified with Mr. Jones that the County will be resurfacing the streets after they finish the forced main project. The Town Commission suggested that Outlaw, Rice and Jones look at the Riverside Drive traffic situation for a long-term solution and engage the public and residents on Riverside Drive to help find a permanent means to slow traffic. Mayor Wille reported that Indialantic has been asked that they consider making the speed limit uniform on Riverside Drive and they indicated that they would like to wait and see what how things develop with the A1A improvements and the intersection improvements at 192 and Riverside Drive. Mayor Wille noted that Pandora's Box and the A&M Discount Beverage businesses have been vacated and stated that he contacted Todd Long to request that the areas in front of these businesses be sodded and regraded north of the sidewalk area. COMMISSIONER STACEY MOVED, SECOND VICE MAYOR REMARK THAT THE TOWN MANAGER OR ENGINEER CONTACT THE FLORIDA DEPARTMENT OF TRANSPORTATION TO REQUEST THE AREAS NORTH OF THE SIDEWALK AREA IN FRONT OF THE PANDORA?S BOX AND A&M DISCOUNT BEVERAGE BUSINESSES BE SODDED AND REGRADED. VOTE: ALL AYES. MOTION CARRIED. Vice Mayor Remark asked Mr. Jones if he is aware of an, "on demand" pedestrian crossing sign under the mast arm at the intersection? Mr. Jones advised that he will look into this with FDOT. Mayor Wille asked Mr. Jones when the Town can anticipate the County removing the building and installing the low-profile generator near the pier for this forced main project? Mr. Jones advised that he does not have a date from Mr. Martins regarding this, but, knows they are ordering the low-profile generator. Mr. Jones advised that he will contact Mr. Martins regarding the schedule for this project. DENNIS HUGDAHL - FLORIDA ACCOUNTING COMPUTER SERVICE, INC. - REVIEW OF CURRENT FINANCIAL MANAGEMENT SYSTEM AND ACCOUNTING SERVICES Town Manager Ciummo stated that Dennis and Holly Hugdahl from Florida Accounting Computer Services, Inc. are here to answer any questions the Town Commission has regarding the Town's financial management system. Town Manager Ciummo stated that FACS provides payroll, accounts payable and general ledger services for at a cost of $8,000 per year. Dennis Hugdahl stated that the accounting package is based on the FUND Accounting Service and state code structures are used for the Town's accounts. Mr. Hugdahl stated that his firm provides this service for several cities and has been in business since 1982. Commissioner Stark asked how this system is compared to a Quick Books program? Mr. Hugdahl advised that Quick Books does not allow a detailed breakout of account activity and does not allow you to analyze the data properly. Holly Hugdahl came forward and outlined her experience with FUND accounting programs and advised that the Quick Books type programs do not allow you to do multi-company accounting, as is required with FUND accounting. Ms. Hugdahl advised that it takes about three (3) years for someone to understand inter-fund accounting and that the Town's Finance Clerk is coming along with the program and it will take time for her to completely understand the program. Mayor Wille pointed out that the Town has taken on a number of new funds which requires a more complex system than the Town has had in the past. Mayor Wille asked what training is available or has taken place to help the Finance Clerk do her job better? Ms. Hugdahl advised that it will just take time and advised that they do contact her to advise how to correct problem areas. Mayor Wille stated that the Town of Indialantic has used this service for 10 years and verified with Ms. Hugdahl that these same type problems happened there and it will just take time to understand the system. Commissioner Smith asked how come the Town has been having a problem receiving the monthly reports? Ms. Hugdahl advised that there is a problem with the Town receiving a couple of statements late in the month and this is a problem. Ms. Hugdahl requested that the Finance Clerk send the statements overnight rather than by first class mail. Ms. Hugdahl advised that she is now E-mailing the monthly statement to the Town, which should help. Mayor Wille emphasized how important it is that the Town Commission receive the financial reports before a Commission meeting so that we can have some interaction with the Town Manager. Ms. Hugdahl stated that with the monthly statements being sent overnight, these reports can now be turned around within a week's time. Commissioner Smith asked if the Hugdahl's have a sense as to where the problems with the payroll are coming from? Mr. Hugdahl stated that they are now faxing the actual payroll to the Town for approval prior to the check being cut. Town Manager Ciummo advised that the Town is looking into advancing the pay date to allow the Town time to prepare the payroll. Town Manager Ciummo asked Mr. Hugdahl how to advance the pay date and minimize the impact on the employee and if this is implemented. Ms. Hugdahl suggested that the Town only advance the payroll one day per month, which will take a total of four months to complete, cut off the payroll on Friday and pay on Wednesday. Ms. Hugdahl advised that payroll time cards are received one hour before the Finance Clerk is required to fax the payroll to us, which is not a lot of time. Mayor Wille asked if FACS does any payroll that pays in advance. Mr. Hugdahl advised that they do about 40 payrolls and no one pays in advance. There were no further questions from the Town Commission. BOARD REPORTS: MARK CRISPEN, CHAIRMAN BLUE RIBBON MUNICIPAL COMPLEX REVIEW AND ADVISORY COMMITTEE - STATUS REPORT Mark Crispen, Chairman of the Blue Ribbon Municipal Complex Review and Advisory Committee reported that the Committee has held two (2) meetings, the first was an organizational meeting held on April 3rd where he was elected Chairman, Chuck Baird, Vice Chairman and Scott McLachlan was elected Secretary. Chairman Cripen reported that the Committee has decided to meet on every other Wednesday, which may change as the 90-day period gets closer. Chairman Crispen reported that the Committee has set and agreed on goals for itself and reported that the department heads will attend the April 25th meeting to revisit space needs requests and at the next meeting, the Committee will brainstorm site plan alternatives and the civil engineers will attend the May 23rd meeting. Chairman Crispen stated that the Resolution setting up the Committee states, "The Committee shall provide recommendations to the Town Commission with regard to specific problems and issues presented to the Committee by the Town Commission." Chairman Crispen asked if the Commission is going to give the Committee a list of specific problems and issues? Town Attorney Gougelman stated that this was inserted because there might be some public discussion and the Town Commission might like to add items for the Committee to look at. RON JONES - BREVARD COUNTY SURFACE WATER IMPROVEMENT PROGRAM REGARDING COUNTY DRAINAGE PROJECT Ron Jones reported that he is here to bring the Town Commission up-to-date regarding the drainage project on Oak Street. Mr. Jones reported that the drainage committee of the Harbor East Homeowners Association has met with him and St. Johns River Water Management District and the proposal is to secure approval from the Town Commission to allow about 15 sediment control devices within the subdivision across from Harbor East as these discharge into the canal system. Mr. Jones reported that there has been discussion between the Town Manager and County Commission regarding the idea of sharing maintenance costs on some of these facilities and the picking up of maintenance of the overall sediment control facilities the Town has already installed and may install in the future. Mr. Jones reported that his staff will be in charge of scheduling the maintenance and requested permission to get a draft of the agreement to the Town Manager and Town Attorney for review. Mr. Jones reported that the County would like to initiate a monitoring program associated with the canal systems to demonstrate the effectiveness of the sediment control facilities. Mr. Jones explained how the County will monitor the clean-outs for the sediment control devices. Mr. Jones reported that the County will be resurfacing Oak Street after the piping component is installed for this project. Mayor Wille asked if the County will be doing the bicycle path during the resurfacing project? Mr. Jones stated that he will have Mr. Washburn get in touch with the Town regarding the bike path. Vice Mayor Remark asked if the St. Sebastian Church is planning to remove the septic tank and tie into the sewer line? Mr. Jones reported that the County has worked with the church, but, according to State standards and regulations, they are not required to remove its septic tank and has chosen not to remove it. Mayor Wille stated that Mr. Jones did the Gemini Elementary School drainage project retention area and asked if the County has been met with any resistance regarding a retention pond in a children?s playground area? Mr. Jones stated that these retention ponds designed for that facility are dry ponds, only about 18" deep and they are grassed. The soccer club did have concerns regarding the system, but there are no safety issues regarding stormwater run off. VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STACEY THAT THE TOWN MANAGER INITIATE DIALOG BETWEEN THE TOWN AND THE COUNTY AND THE TOWN ATTORNEY REGARDING A MAINTENANCE AGREEMENT FOR THE SEDIMENT CONTROL FACILITIES PROJECT. VOTE: ALL AYES. MOTION CARRIED. DONNIE PRICE AND LORI WILLE CHAIRMAN AND VICE CHAIRMAN PARKS BOARD - CLARIFICATION ON BOARD RESPONSIBILITIES Vice Chairman Wille reported that last year at Founder's Day, the Library was selling T-shirts and the Parks Board always sells T-shirts for this event. Vice Chairman Wille stated that the Parks Board has always had a standing rule among the Board members that there will be no duplication of any items sold. Vice Chairman Wille asked that if the Board should make a formal recommendation on each item such as this as the issues are being raised? Vice Chairman Wille asked for direction from the Town Commission on this issue. The Town Commission discussed the issue and advised that they are to approve any changes in fees charged, but, the Board should have some authority to make these types of decisions. The Town Commission requested that the Parks Board work with the Town Manager to draft up a proposal regarding these issues and bring it back to the Town Commission for approval. III. NEW BUSINESS: A. ROCHELLE LAWANDALES, LAWANDALES PLANNING AFFILIATES: REQUEST FOR AMENDMENT TO FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT PHASE I Town Manager Ciummo stated that Rochelle Lawandales reported that the Parks Board met and made final recommendations regarding the equipment and placement of the basketball court and the use of the reprogramable funds for the Phase I of Ryckman Park improvements under the FRDAP Grant. Town Manager Ciummo stated that the grant allows the Town to request changes that reflect the finalized project plans. Town Manager Ciummo reported that the Board is asking that $10,000 be reallocated to the gazebo extensions or play equipment as the budget dictates as the bids are awarded. Town Manager Ciummo stated that the Town will have to get authorization from the State in order to reallocate those funds. Town Manager Ciummo pointed out that in the second funding cycle, the rules have changed and the Town can use money allocated in the first funding cycle to resurface the tennis courts, it can be used as a cash match in Phase II. COMMISSIONER STACEY MOVED, SECOND COMMISSIONER STARK TO APPROVE THE PARKS BOARD RECOMMENDATION TO APPROVE THE GAMETIME "TUNNEL LOOP" PARK EQUIPMENT RECOMMENDED BY THE PARKS BOARD IN ITS MINUTES OF APRIL 2, 2001 (COPY ATTACHED) AS WELL AS USING THE ADDITIONAL $10,000 TOWARD AN ADDITIONAL GAZEBO. VOTE: ALL AYES. MOTION CARRIED. I. APPROVAL OF MINUTES: JANUARY 10, 2001 SPECIAL MEETING JANUARY 17, 2001 WORKSHOP JANUARY 17, 2001 REGULAR MEETING FEBRUARY 6, 2001 WORKSHOP FEBRUARY 6, 2001 SPECIAL MEETING FEBRUARY 9, 2001 SPECIAL MEETING FEBRUARY 21, 2001 REGULAR MEETING MARCH 8, 2001 SPECIAL MEETING MARCH 21, 2001 SPECIAL MEETING Mayor Wille requested that on Page 2 of the minutes of the January 10, 2001 special meeting, correct the comment to show that in the life estate, there was no designation as to the use of the property. Commissioner Smith stated that on Page 4 of the February 9, 2001 special meeting, the motion refers to 'the points discussed at this meeting' and requested that the points be inserted into the motion. Town Clerk Masny and Town Manager Ciummo were requested to review the tape to clarify the motion. Mayor Wille requested that on Page 7 of the February 21, 2001 regular meeting note that Christine Baldini is not a Town resident. VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STACEY TO APPROVE THE MINUTES OF JANUARY 10, 2001 SPECIAL MEETING, JANUARY 17, 2001 WORKSHOP, JANUARY 17, 2001 REGULAR MEETING, FEBRUARY 6, 2001 WORKSHOP, FEBRUARY 6, 2001 SPECIAL MEETING, FEBRUARY 21, 2001 REGULAR MEETING, MARCH 8, 2001 SPECIAL MEETING AND MARCH 21, 2001 SPECIAL MEETING WITH REQUESTED CHANGES. VOTE: ALL AYES. MOTION CARRIED. COMMISSIONER SMITH MOVED, SECOND COMMISSIONER STACEY TO DIRECT THE CLERK TO GO BACK TO THE TAPE OF THE FEBRUARY 9, 2001 SPECIAL MEETING TO CLARIFY THE POINTS MENTIONED IN THE MOTION ON PAGE 4 AND BRING THIS BACK TO THE TOWN COMMISSION. VOTE: ALL AYES. MOTION CARRIED. II. NON-SCHEDULED CITIZEN COMMENTS (3 minute limit, please) Dorothy Rodriguez, 407 Third Avenue offered suggestions to the Town Commission regarding the municipal complex. (copy attached) Robert Gauthier, 400 Sunset Boulevard stated that the storage of documents is a space consideration for the new complex and advised that the State will be holding a workshop in Orlando on June 11, 2001 addressing the options and alternatives for the storage of documents. Mr. Gauthier stated that he would be willing to attend this workshop if the Town will offset gasoline and meals. Mr. Gauthier advised that he would get further information. Martha Russo, 420 Sunset Boulevard asked that the Town Commission use discretion in giving the Parks Board authority to turn down a group like Friends of the Library a request to sell T-shirts at Founders Day because this is a benefit to the Town. Ms. Russo requested to give a report on the Environmental Advisory Board at this time. There were no objections from the Town Commission. Ms. Russo reported that the Board will be thanking Mr. McGovern for donating a bench in memory of his wife at Founder's Day and the porcelain plaques will also be presented. Ms. Russo advised that there were only two plants lost at Loggerhead Park Preserve this past winter and advised that on April 26, 2001, as a contribution to Earth Day, the Gemini Elementary School Discover Class will be removing exotic plants from the preserve. Ms. Russo stated that the County is requesting municipalities to adopt an ordinance requesting the use of sand fences for beach renourishment. The Town Commission requested the Environmental Advisory Board to look into some standards for this type of fencing. Betsy Baird, 1111 River Road asked Town Attorney Gougelman if he has heard anything about the petition. Town Attorney Gougelman advised that he has not been asked to do any further research regarding the petition. Ms. Baird suggested that all departments use one storage area for all of the Town records in the new municipal complex. Ms. Baird suggested that the Town plant oak trees along the streets to provide shade. Robin Rigsby, 421 Sixth Avenue asked that the Town Commission please have the non-scheduled citizen comments at the beginning of the meeting. Mayor Wille called for a break at 9:40 p.m. and called the meeting back to order at 9:50 p.m. Mayor Wille requested that the Town Commission address Agenda Item III. G. at this time. There were no objections from the Town Commission. III. NEW BUSINESS: G. RESOLUTION NO. 679 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AUTHORIZING AN APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR GRANT FUNDS UNDER THE FIRE FIGHTERS GRANT PROGRAM TO PURCHASE A FIRE ENGINE; AUTHORIZING THE TOWN MANAGER TO FILE SUCH APPLICATION; COMMITTING RESOURCES FOR THE LOCAL MATCH AND TERMS AND CONDITIONS OF THE PROJECT AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. Town Attorney Gougelman read Resolution No. 679 by title. Fire Chief David Micka stated that FEMA has come up with a $90 million grant of which $15 million is available for the purchase of fire apparatus. Chief Micka stated that they will be giving preferential treatment to small towns and volunteer fire departments, departments with very old equipment, worn out equipment, or high usage equipment and the such. Chief Micka advised that he has already requested some bids for a fire engine because the grant application is due May 2, 2001. Chief Micka stated that he believes the department has a very good chance of being awarded this grant. Chief Micka advised that there is a 10% match on the funds for the grant. Mayor Wille stated that the Town and Fire Department have started a Capital Improvement Program to set aside funds to purchase a fire engine which can be applied to the match. COMMISSIONER STARK MOVED, SECOND VICE MAYOR REMARK THAT THE TOWN ADOPT RESOLUTION NO. 679 A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA AUTHORIZING AN APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR GRANT FUNDS UNDER THE FIRE FIGHTERS GRANT PROGRAM TO PURCHASE A FIRE ENGINE; AUTHORIZING THE TOWN MANAGER TO FILE SUCH APPLICATION; COMMITTING RESOURCES FOR THE LOCAL MATCH AND TERMS AND CONDITIONS OF THE PROJECT AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. VOTE: ALL AYES. MOTION CARRIED. B. DISCUSSION AND POSSIBLE ACTION REGARDING AMENDMENTS TO TOWN’S POLICIES AND ADMINISTRATIVE PROCEDURES MANUAL: 1. CHAPTER 3 “STANDARDS OF CONDUCT” 2. CHAPTER 4 “GENERAL RULES AND REGULATIONS” 3. CHAPTER 20 “GRIEVANCE/COMPLAINT PROCEDURE” Town Manager Ciummo reported that these recommendations were forwarded to the Town Commission by Robin Fawsett, Town Labor Attorney for discussion purposes and possible action regarding the suggested policy changes. Town Manager advised that the Police Chief has reviewed these policies and has several comments, which were forwarded to Attorney Fawsett and he advised that the Town take no action tonight on Chapter 4 or Chapter 20. Town Manager Ciummo recommended that the Town Commission table these items. Town Manager stated that Attorney Fawsett advised that Chapter 3 is straight out of the law and requested that the Town Commission approve this as submitted. Commissioner Smith stated that she would like to adopt these policies together and would like the opportunity to discuss this chapter with Attorney Fawsett before it is adopted. Commissioner Stark and Vice Mayor Remark clarified with Town Attorney Gougelman that the Town Manager would report a case of her being harassed to the Town Commission and discussed that the policy should contain procedures if the Town Manager is found to be the one doing the harassment. Town Attorney Gougelman discussed a typical harassment situation and what an employee and employer should do when found is a harassment situation. Commissioner Smith read number 6. under section 3.07 in the proposed Standards of Conduct policy, "Conduct constituting or contributing to harassment is not limited to conduce which occurs on premises or during business hours." and asked Town Attorney Gougelman what this means? Town Attorney Gougelman stated that 'conduce' should be 'conduct' and this means that you cannot harass off of Town Hall premises or during off business hours. Vice Mayor Remark asked if the Town volunteers are under these policies? Commissioner Stark advised that the volunteer fire department has adopted such a policy for its members. Town Attorney Gougelman stated that he is not sure if this policy covers the Town board volunteers. Mayor Wille suggested that if there are still concerns and questions of the Commission regarding these polices, all three polices should be tabled and the labor attorney invited to participate in a meeting regarding these policies. COMMISSIONER STACEY MOVED, SECOND VICE MAYOR REMARK TO REQUEST ATTORNEY FAWSETT ATTEND A SPECIAL MEETING TO DISCUSS THE PROPOSED POLICIES, CHAPTER 3 "STANDARDS OF CONDUCT," CHAPTER 4 "GENERAL RULES AND REGULATIONS" AND CHAPTER 20 "GRIEVANCE/COMPLAINT PROCEDURE." VOTE: ALL AYES. MOTION CARRIED. C. DISCUSSION AND POSSIBLE ACTION RECOGNIZING THE TOWN MANAGER’S ADMINISTRATIVE AUTHORITY TO REVISE THE FORM OF PAYROLL REPORTING AND RECORD KEEPING PRACTICES TO CONFORM WITH FAIR LABOR STANDARDS GUIDELINES AND DISCUSSION OF ADVANCING THE PAY DATE TO PAY EMPLOYEES AFTER TIME EARNED Town Manager Ciummo reported that as the administrative authority of the Town, she believes she has the authority to set forth the recording procedures used to record employees time earned and requested an acknowledgment from the Town Commission that she has the authority to revise the payroll reporting process and forms of record keeping. Town Manager Ciummo stated that the second part of this agenda item is discussion of the possibility of advancing the pay date to pay employees after time earned, which has also been recommended by Attorney Fawsett. Town Manager Ciummo advised that this has caused concern among the Police Department and some of the Town employees. Town Manager Ciummo asked that the pay date be moved to the following Wednesday and stated that she feels it important to mitigate the impact of the pay date change on the employees. Town Manager Ciummo reviewed a proposed time sheet she has prepared for possible implementation and stated that the accounting service advised that one of the ways to mitigate the impact would be to spread the days over a long term. Town Manager mentioned the possibility of offering employees the opportunity to cash in accrued time to make up the days. Mayor Wille clarified that the Town Manager is suggesting a proposal that will not impact the paycheck the employees have budgeted in anticipation of receiving and providing for the accrued time to be used so that the paycheck will be consistent. Mayor Wille pointed out that this will allow the Town Manager to get into a position to conduct a payroll system that is operating in arrears rather than prior to. Commissioner Stark asked Town Manager Ciummo if she has discussed these proposals with the Police Department employees? Town Manager Ciummo stated that she only talked to about four (4) Police Officers; but, did speak to the Police Chief about what options were available. Mayor Wille stated that there is a whole room full of Police Officers here who are obviously concerned with what they feel will be punitive action by the Town. Mayor Wille asked Town Manager what she has done to communicate, through the chain of command, her proposal? Town Manager Ciummo stated that she met with the Police Chief. Commissioner Stark stated that the option of advancing one pay day per pay period over a period of time sounded reasonable and responsible and that she would like to hear the Police Officer's opinions. Sergeant Patrick Haran came forward and advised that this is the third police agency he has worked for and no initial pay has ever been held and the Town Manager has indicated that if we did this, we would be given the opportunity to make up the difference by choosing to take our sick time. Sergeant Haran stated that his concern is that the Police Department has an employee who has no leave time accrued and he cannot use sick time for at least four months, this employee has nothing to give. Sergeant Haran stated that this change this seems to be for the sake of convenience, not compliance. Officer Kevin Hildreth stated that he heard that his pay date was going to be changed with no advanced warning and stated that there are other employees, not just the Police Officers who are upset about the pay day change. Office Hildreth suggested that the pay day be changed to Friday evening and advised that he does not believe that he is being paid in advance because he see it that he has sick time and vacation time on the books. Officer Hildreth stated that he believes there is less drastic action to be taken than to change than to change the pay schedule. Officer Hildreth advised that the people he has talked to are more than willing to be paid on Friday, and that he doesn't think anybody has a problem with that. Commissioner Stacey stated that he would agree with this, but if there are any payroll corrections that need to be made in the Police Department, you have to more acceptable to waiting a day or two for the corrections, we do not want to hear the complaints. Officer Hildreth responded that in the past nine (9) years he has had maybe one (1) payroll error and that has occurred in the last two (2) years, and, prior to this if he had a mistake on his check, it was cleared up and he did not have to go through reams of paperwork and talk to several people. The Town Commission and Town Manager discussed the record keeping and payroll process of the Town. Mayor Wille advised that he has never heard of an organization that pays in advance. Commissioner Stark stated that the issue of when we pay overtime needs to be address and the record keeping needs to be looked at. Town Manager Ciummo stated that she would like to change the pay date because she likes to see the actual time worked and the overtime, sick leave, vacation leave, etc. within the pay period it is taken, earned or worked so that the pay stub and record keeping reflects the actual day affected. Town Manager Ciummo stated that the errors come with reflecting some of these hours after the fact. Mayor Wille pointed out that by changing the pay date to Friday afternoon will not solve the problem because you are still submitting a request for checks to the finance service in advance of the work done, you are assuming data that is going to happen in the future. Mayor Wille stated that he is concerned about achieving a goal of submitting documentation based on the work performed, hours taken, etc. and with it being done as quickly as possible and to do it non-punitively and with a minimum amount of impact on everybody. The goal is to get to a situation where we are paying in arrears. Officer Hildreth clarified his point that he is not for moving the pay period back, and advised that the only acquiescence he is willing to make is being paid on Friday, which means he would not be getting paid in advance. Sergeant Carl Bailey advised that he has no problem getting paid on Friday, but, asked that he not be penalized for the Town's payroll practice problems. Sergeant Bailey advised the payroll problems have occurred with the deductions not being done or not being done correctly on the part of the Finance Department. John Smith, 1908 Cedar Lane stated that he works for Brevard County and turns in his time card before noon on Wednesday and it reflects that he is going to get paid for Thursday and Friday and he gets his check on Friday morning. Commissioner Stark commented that she would like to see Brevard County's payroll policies. Officer Mike Dodson stated that he agrees that he would not be getting paid in advance if he gets his pay on Friday and stated that the pay date should be left the way it is or give the Finance Clerk an extra day to prepare the paperwork. Officer Kathy Murello stated that before she moved here, she did paperwork for the largest Teamsters Union in New York City and when someone got their pay check but took sick time or did not come to work, the computer showed, when we put it in for the following payroll, the actual date that they took off. Officer Murello stated that the paperwork we submit has the date on it, the hours we took and when we took them and how much we are taking and this could back up the paperwork for the paycheck stub. Officer Murello advised that she is not in favor of the proposal to cash in her sick time to make up these extra days. Seth Stark, 209 Surf Road stated that he does not feel that the police officers should be penalized for something that is a paperwork problem of the Town. Mr. Stark stated that he believes the Town should pay after the work is done and not in advance, but, the Town should do whatever it has to do to make this good for the Town, the paperwork and the police officers so that they do not have to personally suffer. COMMISSIONER SMITH MOVED, SECOND COMMISSIONER STACEY THAT THE PAY PERIOD AND PAY DATE NOT BE CHANGED AT THIS TIME AND THAT STAFF INVESTIGATE THE PAYROLL PROCEDURES OF BREVARD COUNTY AND OTHER MUNICIPALITIES AND THAT A REPORT BE SUBMITTED TO THE TOWN COMMISSION. VOTE: ALL AYES. MOTION CARRIED. VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STACEY THAT THE TOWN COMMISSION RECOGNIZE THE TOWN MANAGER'S ADMINISTRATIVE AUTHORITY TO REVISE THE FORM OF PAYROLL REPORTING AND RECORD KEEPING PRACTICES TO CONFORM WITH FAIR LABOR STANDARDS GUIDELINES. VOTE: ALL AYES. MOTION CARRIED. Chief Walters stated that the Town Commission is giving the Town Manager blanket authority to do whatever she wants with the payroll procedures. Chief Walters stated that he gets paid every two (2) weeks and the Town is holding a week of his pay and the officer's pay also. D. DISCUSSION AND POSSIBLE ACTION REGARDING RESURFACING OF TOWN TENNIS COURTS Town Manger Ciummo reported that she checked into costs to resurface the tennis courts and advised that there are not many companies locally who resurface courts. Town Manager Ciummo advised that there is a company in Fort Pierce who is under contract with Riviera Beach and they gave us the same price to resurface our courts. Town Manager requested the ability to waive the formal bidding process for this project and reported that the cost will be $12,500, which includes filling in the cracks on the courts and resurfacing. Vice Mayor Remark asked if waiving the bid process because there are so few companies that do this type of work is allowed by the Town? Town Attorney Gougelman reported that the Town's regulations indicate that if the Town feels this is a situation that requires the project to be expedited, some sort of emergency or significant circumstance, you can waive the requirements for the formal bidding process. Town Attorney Gougelman advised that the Town Manager then can get quotes for the work and bring these back to the Town Commission for approval and move forward with the project. VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STACEY THAT THE TOWN WAIVE THE FORMAL BIDDING PROCESS AND THAT THE TOWN MANAGER OBTAIN QUOTES FOR THE TENNIS COURT RESURFACING PROJECT. VOTE: ALL AYES. MOTION CARRIED. E. TOWN BOARD APPOINTMENTS, REAPPOINTMENTS & RESIGNATIONS Town Clerk Masny stated there are three (3) members on the Planning and Zoning Board whose terms expire on April 22nd and one (1) member who has submitted his resignation. Town Clerk Masny stated that members Gary Sack, Sherri Quarrie and Gregory Durham have submitted their reappointment applications and their attendance at the meetings is listed in the memorandum. Town Clerk Masny advised that if they are reappointed the term will be for three (3) years each. Town Clerk Masny reported that Anthony Kantz has resigned from the Board and the Town Commission needs to accept his resignation. Town Clerk Masny reported that with Member Kantz?s resignation, this will leave an opening for a regular member on the Board and Alternate Member #1 is Robert Morse and Alternate Member #2 is David Campbell. COMMISSIONER STACEY MOVED, SECOND COMMISSIONER STARK TO REAPPOINT GARY SACK, SHERRI QUARRIE AND GREGORY DURHAM TO THE PLANNING AND ZONING BOARD WITH TERMS APRIL 18, 2001 THROUGH APRIL 18, 2004. VOTE: ALL AYES. MOTION CARRIED. COMMISSIONER STACEY MOVED, SECOND COMMISSIONER STARK TO ACCEPT ANTHONY KANTZ'S RESIGNATION FROM THE PLANNING AND ZONING BOARD. VOTE: ALL AYES. MOTION CARRIED. COMMISSIONER STACEY MOVED, SECOND COMMISSIONER STARK TO APPOINT ALTERNATE MEMBER #1, ROBERT MORSE TO A REGULAR MEMBER OF THE PLANNING AND ZONING BOARD AND MOVE ALTERNATE #2, DAVID CAMPBELL TO THE ALTERNATE MEMBER #1 POSITION. VOTE: ALL AYES. MOTION CARRIED. Town Clerk Masny stated that there are three (3) members whose terms expire on the Board of Adjustment on April 22nd. Diane Hynes has requested that she not be considered for reappointment and Steve Casanova has resigned from the Board. Town Clerk Masny stated that Julie Kinzer and Mike Rowe have submitted their applications for reappointment to the Board, their attendance at the Board meeting is in the memo and the reappointment term will be for three (3) years. Town Clerk Masny stated that the Town Commission will need to accept Diane Hynes and Steve Casanova?s resignations. Town Clerk Masny stated that with these resignations, the Town Commission can move Alternate #2, David Wildman to a regular member and this will create two vacancies in the Alternate Member positions. VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STACEY TO REAPPOINT JULIE KINZER AND MIKE ROWE TO THE BOARD OF ADJUSTMENT WITH TERMS APRIL 18, 2001 THROUGH APRIL 18, 2004. VOTE: ALL AYES. MOTION CARRIED. VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STACEY TO ACCEPT THE RESIGNATIONS OF DIANE HYNES AND STEVE CASANOVA FROM THE BOARD OF ADJUSTMENT. VOTE: ALL AYES. MOTION CARRIED. VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STACEY TO MOVE ALTERNATE #2, DAVID WILDMAN TO A REGULAR MEMBER ON THE BOARD OF ADJUSTMENT. VOTE: ALL AYES. MOTION CARRIED. Town Clerk Masny stated that there are three (3) members whose terms expire on the Code Enforcement Board on April 22nd, Edward Misleh, Warren Olin and Glenn Erickson. Town Clerk Masny stated that all have submitted their applications to be reappointed to the Board and their attendance is in the memo. Town Clerk Masny stated that if the Town Commission reappoints them to the Board, it will be for a three (3) year term. COMMISSIONER STACEY MOVED, SECOND COMMISSIONER SMITH TO REAPPOINT EDWARD MISLEH, WARREN OLIN AND GLENN ERICKSON TO THE CODE ENFORCEMENT BOARD WITH A TERM APRIL 18, 2001 THROUGH APRIL 18, 2004. VOTE: ALL AYES. MOTION CARRIED Town Clerk Masny stated that John Windor's term on the Police Pension Fund Board expires on April 21st and that she has been unable to contact him, but will keep trying and put his reappointment on next month's agenda. F. APPOINTMENT OF LIAISON TO ST. JOHNS RIVER WATER MANAGEMENT DISTRICT COMMISSIONER SMITH MOVED, SECOND VICE MAYOR REMARK THAT COMMISSIONER STACEY BE APPOINTED TO SERVE AS THE TOWN?S LIAISON TO ST. JOHNS RIVER WATER MANAGEMENT DISTRICT. VOTE: ALL AYES. MOTION CARRIED IV. REPORTS A. TOWN BOARDS/COMMITTEES There were no additional Town Board or Committee reports B. TOWN ATTORNEY There was no Town Attorney report. C. TOWN MANAGER There was no Town Manager report. V. TOWN COMMISSION ANNOUNCEMENTS, COMMENTS & REPORTS Commissioner Stacey reported that he has been working with Paula Berntson with the County Natural Resources Management Office regarding the easement signatures for the Surf Road property owners. Commissioner Stacey advised that he has received a lot of compliments from the residents regarding the Town and a lot of them have requested that the Town maintain their easement to the beach. Commissioner Stark requested a copy of the letter that the County is sending out to the residents of Surf Road regarding this. Vice Mayor Remark announced that the DAR is honoring Doctor Cooper, founder of FIT and making a medal of honor on April 27, 2001 at 4:00 p.m. at Gleason Auditorium. Commissioner Stark reported that the Blue Ribbon Committee is a very diverse group and they seem to be representing all of the views of the community regarding the municipal complex. Commissioner Stark advised that Mark Crispen is an excellent Chairman and that she enjoys her appointment as the Town Commission liaison to the Committee. Commissioner Smith requested that the Town show recognition to the Abdon family for their work on the Easter egg hunt as requested in a memo from the Parks Board. Mayor Wille asked Town Clerk Masny to do this. Commissioner Smith reported that the Town engaged the services of Shutts & Bowen on March 21, 2001 and a bill in the amount of $2,543 was received which reflects services from February 6th through February 27th. Commissioner Smith reported that according to the Town Attorney's contract, there is no authorization without Town Commission approval to spend over $1,000 for special counsel. Town Manager Ciummo advised that the Town Commission has designated a code board attorney, a labor attorney and a general counsel attorney. Commissioner Smith stated that the Town Manager told the labor attorney in a memo in March that there was a cap of $1,000 and she had already gone over that amount on the first meeting. Commissioner Smith stated that she had a question as to why Commissioner Betten was meeting with a labor law attorney for five (5) hours at the beginning of February for advice and he never attended a meeting in February. Commissioner Smith noted that she received a packet of information in the mail of memos prepared by Attorney Fawsett under the Town Manager's signature to the Chief of Police, along with other materials. Commissioner Smith stated that she is concerned about this because she was told on March 7th that we had to engage a labor attorney and she could not support hiring Attorney Fawsett to look at payroll issues because this could have been done without paying $210 per hour. Commissioner Smith stated that she was surprised to see that Attorney Fawsett has been working on items such as the payroll issues and Civil Service Board without the Town Commission knowing it or asking for it. Commissioner Smith requested that any correspondence between the Town Manager and Labor Law Attorney and Police Chief be given to her. Commissioner Smith stated that the Town Manager authorized payment for the bill two (2) days before the Town Commission hired him, but, we did not get the bill for a month. Commissioner Stark advised that she has discussed her concerns about this to the Town Manager also. Town Manager Ciummo stated that Paul Gougelman is designated as the general council, Mark Gager is the Code Enforcement Board Attorney and Robin Fawsett as the Labor Law Attorney and if these people have been preselected to give advice, you pick up the phone and call them. Town Manager Ciummo stated that the special council for $1,000 in the Town Attorney's contract is for some other special attorney such as for litigation. Town Manager Ciummo apologized if the Town Commission feels she did anything inappropriate. Town Manager Ciummo stated that the Town Commission had indicated that they do not want copies of memos sent back and forth between her and the Chief of Police and asked if this is still the case? Mayor Wille stated that Commission Smith has requested copies. VI. ADJOURNMENT VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STACEY TO ADJOURN. VOTE: ALL AYES. MOTION CARRIED. The regular meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 12:15 a.m. |