MINUTES
TOWN COMMISSION - REGULAR MEETING
MAY 16, 2001
A special meeting of the Town Commission of the Town of Melbourne Beach, Florida was
called to order by Mayor Wille at 7:03 p.m. on Wednesday, May 16, 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 Stacey
Commissioner Stark (arrived 7:23 p.m.)
Others Present: Town Attorney Gougelman
Attorney Andrew Hament
Town Manager Ciummo
Town Clerk Masny
Mayor Wille requested a moment of silence to remember Sibby Tubbs, a Town resident and
a volunteer fire fighter who passed away this past week.
I. TOWN BOARD AND COMMITTEE REPORTS
Sheryl Alberga, Chairman of the Williams Building Ad Hoc Committee requested that the Town
Commission endorse the Interlocal Plan for the Historic Williams Building so that the Committee
can move forward and request approval from the County Commission. The Town Commission
praised the Williams Building Ad Hoc Committee for the report and a job well done. Chairman
Alberga stated that the Building would remain where it is, the Committee will get the volunteers
do the restoration of the building, and, hopefully after the building is finished and the exhibits
are in place, the proposed historical committee of the Town will run it. Chairman Alberga
stated that the Committee is asking the County to pay for the monthly utilities and pay the
day to day and long-term maintenance of the building.
Mayor Wille stated that the Greenways Plan has identified this as a trail head so there may be
opportunities for grant dollars.
VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STACEY THAT THE TOWN
ACCEPT AND ENDORSE THE WILLIAMS BUILDING AD HOC COMMITTEE'S INTERLOCAL
PLAN FOR THE HISTORICAL WILLIAMS BUILDING. VOTE: ALL AYES. MOTION CARRIED.
Betsy Baird, member of the Parks Board reported that the Board would like to be responsible for
making all decisions for the planning of Founder's Day, and any financial decision that exceeds
$500 over the prior year's budget will be authorized by the Town Manager.
COMMISSIONER SMITH MOVED, SECOND COMMISSION STACEY TO ACCEPT THE PARKS
BOARD'S RECOMMENDATION THAT THEY BE RESPONSIBLE FOR MAKING ALL DECISIONS
FOR THE OPERATION OF FOUNDERS DAY, INCLUDING, BUT NOT LIMITED TO ACCEPTANCE
OR REJECTION OF VENDORS AND/OR SERVICES. IF FOR ANY REASON A VENDOR, SERVICE
OR ENTERTAINMENT SUPPLIER SHALL NOT AGREE WITH THE BOARD?S DECISION, THEY
MAY MAKE AN APPEAL BEFORE THE TOWN COMMISSION. ANY FINANCIAL DECISION THAT
EXCEEDS $500 OVER THE PRIOR YEAR?S BUDGET AND UNDER THE CURRENT AMOUNT THE
TOWN MANAGER IS AUTHORIZED TO APPROVE, SHALL BE SENT TO THE TOWN MANAGER
FOR APPROVAL. ANY AMOUNT OVER THE LIMIT THAT THE TOWN MANAGER IS AUTHORIZED
TO APPROVE SHALL BE BROUGHT BEFORE THE TOWN COMMISSION.
VOTE: ALL AYES. MOTION CARRIED.
Ms. Baird reported that the Board would like to address the memorial stones in Ryckman Park as the
Board would like these removed. Ms. Baird stated that people be allowed to select another avenue of
recognition. Ms. Baird reported that the Board has picked out the playground equipment and Vice
Chairman Wille obtained funding below the amount the Board had to spend for the equipment.
Vice Mayor Remark stated that some of the memorial markers are placed by trees purchased in
memory of these people. Vice Mayor Remark stated that there are tree markers which could be used
instead of the ground markers.
IT IS THE CONSENSUS OF THE TOWN COMMISSION THAT THE PARKS BOARD PURSUE THIS
IDEA AND BRING BACK A RECOMMENDATION TO THE TOWN COMMISSION.
Martha Russo of the Environmental Advisory Board presented a monofilament recycling bin to the
Town Commission and requested that it be mounted at the pier and that the Public Works Department
construct an additional bin to be placed at an Ocean access. Ms. Russo reported that a notice will
be put in the next newsletter requesting volunteers to empty the recycling bins. Ms. Russo reported
that on June 12th the Environmental Advisory Board will be doing a field trip to Loggerhead Park
Preserve to look at the proposed location of the boardwalk. Ms. Russo reported that she did
present the dune fencing idea to the Board and the County advised that there is no funding for
this project at the present time and it would have to wait until after the beach renourishment
project is complete.
II. NON-SCHEDULED CITIZEN COMMENTS (3-MINUTE LIMIT, PLEASE)
There were no non-scheduled citizen comments..
III. APPROVAL OF MINUTES: FEBRUARY 9, 2001 SPECIAL MEETING
MARCH 21, 2001 REGULAR MEETING
APRIL 18, 2001 REGULAR MEETING
Mayor Wille requested that on Page 2, paragraph four of the April 18, 2001 Regular Meeting, it be
noted that the Town Commission suggested Outlaw, Rice and Jones look at the Riverside Drive traffic
situation. Mayor Wille requested that in the motion, paragraph 5 on this same page, last line, change
the word 'regarded' to 'regraded.'
VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STACEY TO APPROVE THE
MINUTES OF THE FEBRUARY 9, 2001 SPECIAL MEETING AND MARCH 21, 2001 REGULAR
MEETING AND APPROVE THE MINUTES OF APRIL 18, 2001 REGULAR MEETING AS CORRECTED.
VOTE: ALL AYES. MOTION CARRIED.
Vice Mayor Remark requested that the Town Manager?s memorandum regarding pay dates discussed
at the April 18, 2001 Commission meeting be attached to those minutes.
VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STACEY THAT A COPY OF THE
RESEARCH MEMO DONE BY THE TOWN MANAGER REGARDING PAY PROCEDURES BE AN
ATTACHMENT TO THE MINUTES OF THE APRIL 18, 2001 MEETING.
VOTE: ALL AYES. MOTION CARRIED.
IV. NEW BUSINESS:
A. TOWN BOARD APPOINTMENTS, REAPPOINTMENTS AND RESIGNATIONS
Town Clerk Masny stated under reappointments, the Town received John Windsor?s reappointment application
to the Police Pension Fund Board of Trustees held over from last month's meeting and Brent People's term
also expires on the Board on May 19, 2001 and he has also submitted his application for reappointment to
the Board. Town Clerk Masny stated that their attendance at meetings is in the packet and if the Town
Commission reappoints Mr. Windsor and Mr. Peoples to the Board, it will be for a two (2) year term.
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER SMITH TO REAPPOINT JOHN WINDSOR
AND BRENT PEOPLES TO THE POLICE PENSION FUND BOARD OF TRUSTEES WITH A TERM
MAY 16, 2001 THROUGH MAY 16, 2003.
VOTE: ALL AYES. MOTION CARRIED.
Town Clerk Masny stated that Elizabeth Arth's term expires on the Civil Service Board on May 21, 2001
and she has submitted her application to be reappointed to the Board. Town Clerk Masny stated that
Ms. Arth's attendance at Board meetings is in the packet and if the Town Commission reappoints Ms. Arth,
it will be for a four (4) year term. Town Clerk Masny stated that Member Sibby Tubbs recently passed away
and this leaves a vacancy in the regular member position, which means the Town Commission could possibly
appoint Ms. Arth to a regular member and move Alternate #2, Jeanne Allen to Alternate #1.
COMMISSIONER SMITH MOVED, SECOND COMMISSIONER STACEY TO APPOINT ELIZABETH ARTH
AS A REGULAR MEMBER OF THE CIVIL SERVICE BOARD WITH A TERM MAY 16, 2001 THROUGH
MAY 16, 2005 AND MOVE JEANNE ALLEN FROM THE ALTERNATE #2 POSITION TO THE ALTERNATE
#1 POSITION.
VOTE: ALL AYES. MOTION CARRIED.
Town Clerk Masny stated that under Board Appointments, the Town has received applications from Michael
Fufidio, Xochitl Ross and Bradley Stalpes. Town Clerk Masny stated that there are openings on the Planning
and Zoning Board in the Alternate #2 position, which would be for a three (3) year term; the Board of Adjustment
in the Alternate #1 position for the unexpired term through May 29, 2001 and the Alternate #2 position, which
term has expired; and, the Civil Service Board in the Alternate #2 position for a four (4) year term.
Mayor Wille asked the applicants to come forward and introduce themselves to the Town Commission. The
Town Commission asked questions regarding appointments to the various Town Boards.
COMMISSIONER SMITH MOVED, SECOND COMMISSIONER STACEY TO APPOINT MICHAEL FUFIDIO
TO THE CIVIL SERVICE BOARD IN THE ALTERNATE #2 POSITION WITH A TERM MAY 16, 2001 THROUGH
MAY 16, 2005.
VOTE: ALL AYES. MOTION CARRIED.
COMMISSIONER SMITH MOVED, SECOND COMMISSIONER STACEY TO APPOINT BRADLEY STALPES
TO THE PLANNING AND ZONING BOARD IN THE ALTERNATE #2 POSITION WITH A TERM MAY 16, 2001
THROUGH MAY 16, 2004.
VOTE: ALL AYES. MOTION CARRIED.
VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STACEY TO APPOINT XOCHITL ROSS TO
THE BOARD OF ADJUSTMENT IN THE ALTERNATE #1 POSITION WITH A TERM MAY 16, 2001 THROUGH
MAY 19, 2002.
VOTE: ALL AYES. MOTION CARRIED.
B. DISCUSSION AND POSSIBLE ACTION REGARDING THE ENGAGEMENT OF
HOLLAND & KNIGHT LLP IN CONNECTION WITH GENERAL LABOR AND
EMPLOYMENT MATTERS
Town Manager Ciummo stated that the Town had used the services of Holland and Knight when our Town
Attorney was associated with the firm. Town Manager Ciummo advised that Attorney Fawsett is not always
available and the timeliness of his responses to her needs have not been as expected. Town Manager
Ciummo stated that she feels the Town would be much better served by a local firm.
Town Attorney Gougelman stated that Andy Hamnet of Holland and Knight is very capable and pointed out that
there is a national listing of all lawyers and only 43 percent of all attorneys are qualified enough to get a rating
and Andy Hamnet has the highest rating, which is a very prestigious rating.
Attorney Hamnet stated that he would be very happy to serve the Town and that he has been practicing law
for 20 years, most of this as a labor and employment lawyer for both private and public entities.
Town Attorney Gougelman stated that if the Town Commission does concur with the appointment, it could
use a contract similar to the one used for himself and that this contract will come back to the Commission
for approval.
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER SMITH TO APPROVE THE
RECOMMENDATION TO EMPLOY ANDREW HAMNET (HOLLAND & KNIGHT) AS GENERAL LABOR
AND EMPLOYMENT ATTORNEY WITH THE CONTRACT TO BE PRESENTED TO THE TOWN COMMISSION
FOR FINAL APPROVAL.
VOTE: ALL AYES. MOTION CARRIED.
Commissioner Stark asked if Attorney Fawsett's work is completed or will this be an overlapping of labor
attorneys. Town Manager Ciummo stated that Attorney Fawsett has to deliver the final items the Town
contracted with him for.
C. CONSIDERATION OF THE CITY OF MELBOURNE?S REQUEST FOR
CONTRIBUTION TO THE JULY FOURTH FIRE WORKS DISPLAY
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER SMITH THAT THE TOWN CONTRIBUTE
$100 TO THE CITY OF MELBOURNE?S JULY FORTH FIRE WORKS DISPLAY.
VOTE: COMMISSIONER STACEY, AYE. COMMISSIONER SMITH, AYE. COMMISSIONER STARK, AYE.
MAYOR WILLE, AYE. VICE MAYOR REMARK, NAY. MOTION CARRIED.
D. APPROVAL OF DISTRIBUTION OF FISCAL YEAR 2001/2001 FEDERAL ANTI- DRUG
ABUSE ACT FUNDS FOR PROJECTS WITHIN BREVARD COUNTY
Town Manager Ciummo stated that these are funds available from the Federal Government on a grant program
and Sheriff Williams is suggesting these funds be used as outlined in his letter of May 1, 2001, which is
included in the agenda package.
VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STACEY TO APPROVE THE DISTRIBUTION
OF FISCAL YEAR 2001/2002 FEDERAL ANTI-DRUG ABUSE ACT FUNDS FOR PROJECTS WITHIN
BREVARD COUNTY AS OUTLINED IN SHERIFF PHIL WILLIAMS? CORRESPONDENCE OF MAY 1, 2001.
VOTE: ALL AYES. MOTION CARRIED.
E. DISCUSSION AND POSSIBLE ACTION REGARDING ACCEPTANCE OF A
CONDITIONAL OFFER OF RESIGNATION SUBMITTED BY POLICE CHIEF
WALTERS
Town Manager Ciummo stated that she received a memorandum from Chief Walters advising that he would
like to submit a conditional letter of resignation based on receiving his pay through December 31st of this year.
Town Manager Ciummo stated that she would not recommend that the Town Commission endorse his letter,
but, endorse a typical agreement executed in the form of a mutual release and separation agreement. Town
Manager Ciummo advised that she tried to meet with Chief Walters prior to this meeting, but he was not available.
Town Manager Ciummo stated that Town Attorney Gougelman and Attorney Hamnet both worked on this
agreement and if a resignation is approved, it should be approved subject to the execution of the separation
agreement and mutual releases.
Commissioner Smith stated that she had requested this item be placed on the agenda and would like to make
a motion and it can be discussed after the motion.
COMMISSIONER SMITH MOVED, SECOND COMMISSIONER STARK THAT POLICE CHIEF WALTERS BE
PAID ALL SALARY COMPENSATION TO INCLUDE MONETARY COMPENSATION FOR ALL BENEFITS, TO
INCLUDE ACCUMULATED SICK TIME AND VACATION TIME, WITH THE EXCEPTION OF THE USE OF A
TOWN VEHICLE, AS THOUGH HE DID NOT RESIGN, FOR JUNE 1, 2001 THROUGH DECEMBER 31, 2001.
THE TOWN WILL CONTINUE TO PROVIDE HEALTH INSURANCE THROUGH DECEMBER 31, 2001 AND
THE CHIEF WILL CONTINUE TO PAY HIS SHARE OF THE COST FOR DEPENDENT COVERAGE THROUGH
DECEMBER 31, 2001. THE CHIEF'S FINAL CHECK IS TO BE ISSUED WITHIN SEVEN CALENDAR DAYS.
ALL STANDARD DEDUCTIONS WILL BE MADE TO INCLUDE 5 PERCENT OF THE TOTAL AMOUNT DUE AS
HIS PERSONAL CONTRIBUTION TO THE POLICE RETIREMENT PLAN. $15, 000.00 WILL BE DEDUCTED
AND FORWARDED FROM HIS FINAL CHECK AS HIS 2001 ICMA CONTRIBUTION. THE CHIEF WILL KEEP
ONE COMPLETE UNIFORM TO INCLUDE HIS DUTY WEAPON. THE TOWN MANAGER IS DIRECTED TO
COOPERATE FULLY WITH THE POLICE CHIEF DURING HIS FINAL TWO WEEKS OF EMPLOYMENT.
Mayor Wille asked Commissioner Smith if her motion has anything to do with the releases? Commissioner
Smith stated that is has nothing to do with the releases.
Commissioner Stacey stated he believes there are employees with 24 years of service who have
6 weeks of vacation; 19 years of service with 5 months of vacation; and 13 years with 5 months of vacation
and the Town Commission will be setting a precedent if the Town agrees to pay Chief Walters 30 weeks of
vacation time. Commissioner Stacey advised that he does not believe the residents of this Town voted for
him to spend their money this way.
Town Manager Ciummo stated that the policy regarding vacation leave accrual is you cannot accumulate
more than 1 and 1/2 times your current rate of earning unless you receive an extension or approval from the
Town Manager.
Commissioner Stark stated that she feels it is a sad day for this Town when an employee who has served
the Town for this many years feels uncomfortable enough in the work environment to put in a letter of
resignation, especially in light of the fact that we had talked at a special meeting about a week ago about
the opportunity for mediation to ameliorate that condition. Commissioner Stark added that if Chief Walters
has submitted a letter of resignation, it is obvious that he is at his threshold for tolerance of the situation
and for this reason, we should consider his resignation.
Mayor Wille commented to Commissioner Stark that the resignation did come after the Town Commission
decision to request information on mediation. Mayor Wille stated that this is an emotional issue and stated
that he would like to keep the demeanor of this as professional as possible.
Mayor Wille asked Chief Walters to comment about his resignation.
Chief Walters read into the record a memo he received for the Town Manager a short time after the meeting
where the Town Commission discussed mediation. "In speaking to two (2) officers last week I became aware
that you directed them to refer all requests for overtime to me. I was surprised to hear that you eliminated
yourself from the approval process and spoke with you. I spoke to Sergeant Haran about the policy when he
brought me several requests without your signature on them. I spoke with you about it as well. Needless to
say, I was surprised to see the attached directive on the bulletin board when I met with four (4) officers last
Friday to discuss the pay date and employee policies. In as much as you continue to write so many memos
representing your version of events and your interpretation, I am asking that you please provide me with a copy
of all E-mails, faxes, correspondence between you and any and all Police Officers, Sergeants, members of the
Town Commission, governmental agencies, members of the general public in the last 90 days, except those
that relate to open confidential investigations, of course. Please furnish me a copy of any and all E-mails, faxes,
correspondence generated by others which you forwarded to any or all police officers, sergeants, and members
of the Town Commission, any governmental agencies or attorneys, or the general public during the last 90 days
except those related to open confidential investigations. In the future, please copy me on all E-mails, faxes,
correspondence, memos, directives, etc. generated by or sent to you and the Sergeants to anyone or received
from anyone except as they relate to open confidential investigations. I understand that you do not have a police
clerical assistant working in your department at this time and do not want to burden you with having to go back
into your records until you have additional help. If you have a problem with this request, then I would appreciate
you calling me or meeting with me to discuss it. Thank you for your cooperation."
Chief Walters stated that you cannot manage a Police Department when you are spending the entire day
making copies of E-mails and faxes and this is affecting the performance of the rest of the department and it
is not fair to the residents. Chief Walters stated to the Town Commission, "I am willing to leave, you can
keep her."
Commissioner Stacey stated that the problem he has is the amount of money the Town will be paying Chief
Walters for leave as there are other employees with a lot of accumulated time and this could set a precedence.
Chief Walters stated that this time is accumulated over a 22 year period and any vacation time I did not take
means you did not pay for an officer to be here on overtime. Chief Walters advised that the vacation time
repeatedly was by the Town Manage'?s request that I not take the vacation, it was always another
emergency, always something else pending, don't take it Chief, we?ll give it back to you later on. Chief
Walters stated that the vacation was not a problem with Mrs. Ciummo for the first three (3) years she was
here, in fact, in November she gave me a list showing me my accumulated hours and never once said you
need to take a little bit of this.
Mayor Wille requested a recess to allow the Town Clerk to make copies of Commission Smith's motion for
the Town Commission. The meeting recessed at 8:10 p.m. and was called back to order by Mayor Wille
at 8:18 p.m.
Mayor Wille requested Town Attorney Gougelman compare Commissioner Smith's motion to the offer of
resignation submitted by Chief Walters. Town Attorney Gougelman stated that Commissioner Smith's
motion is probably more inclusive as she discussed affording vacation and sick time compensation, and it
talks about standard deductions. Town Attorney Gougelman stated that the motion implies that the
resignation would be within tonight or tomorrow, but, it's not really clear. Town Attorney Gougelman stated
the severance payment through December 31, 2001 is included in both; Chief?s Walters conditional offer to
resign discuss a financial burden and his offer to remain an unpaid consultant is not in Commissioners
Smith's motion; both cover the request that Chief Walters keep his duty weapon and one complete uniform;
Chief Walters specifically requests that no member of the Town Commission or Town Manager comment
on his service to the community for the last 22 + years, which is not mentioned in Commissioner Smith's
motion; and, the last item in Chief Walters offer is that he make a brief three (3) sentence resignation letter,
with the Town filling in the date.
Town Attorney Gougelman commented that there is a mutual release and this is a collateral issue
recommended for consideration by staff and neither Commissioner Smith's motion nor Chief Walters'
offer of resignation include anything about any type of release.
Town Manager Ciummo asked Town Attorney Gougelman and Attorney Hamnet if they recommend that a
release be executed? Town Attorney Gougelman stated that he has recommended this release because
of the stressful situation which has been occurring and the mutual release will put closure to the situation,
wipe the slate clean, and help everybody feel more comfortable. Attorney Hamnet stated that he has no
knowledge of the history of the situation, but, the Town is being asked to pay some severance which it is
not legally obligated to pay. Attorney Hamnet stated that the purpose of the release is to get closure and
the release, in layman's language says, 'up through from the beginning of the world until today, we are settled,
we are finalized, we have no issues between us, we are not going to bring claims against each other, we are
not going to sue each other.' Attorney Hamnet advised that most employers, if they are paying a large sum
of money to a departing executive employee, would require a release. Attorney Hamnet stated that for both
legal and business reasons he strongly recommends a release because the Town and Chief Walters need to
sit down and agree to both what Chief Walters is entitled to and what the Town might want to discretionarily
pay to him. Attorney Hamnet stated that release would be effective up to the date of the release and not
beyond.
Vice Mayor Remark stated that she talked to Chief Walters about releases and that she feels it is important
to have a release, but, he felt uncomfortable about it and said that he is not going to sue the Town.
Chief Walters stated that he is not signing any kind of release as no other employee in this Town has had to
sign a release. Chief Walters stated that he releases Commissioner Sue Stark, Commissioner Connie Smith,
Commissioner Martha Remark and Commissioner Bill Stacey from any and all liability. Chief Walters stated
to Town Attorney Gougelman that he will release him personally but not as a witness. Chief Walters stated
that these are the only people he releases. Chief Walters stated that he believes he should not be required
to sign a release nor punished because he won't.
Town Attorney Gougelman stated that he thinks there is one individual who he believes did release the Town,
but can?t identify who because that record was sealed.
Vice Mayor Remark asked Commissioner Smith if her motion includes incentive pay for Chief Walters?
Commissioner Smith stated that it is included in the salary.
Commissioner Stacey stated that he did not realize that Chief Walters had not been notified to take his
vacation leave and was requested to not take vacation time previously. Commissioner Stacey advised
that he would be in favor of accepting the Police Chief's resignation.
Mayor Wille stated that up until the recent comments, he was willing to work this resignation offer out, but,
for some reason he left my name out of the releases, and, this seems like an opportunity to sue for some
reason and I will not support his resignation without a release.
Town Manager Ciummo stated that she feels the same way and asked that the Town indemnify her personally
because she has been exposed here and there are conflicts of interest. Town Manager Ciummo stated that
she feels a mutual release will protect him as well as us and I would expect that the Town Commission will
do the right thing by the Town as well as all of its employees.
Commissioner Stark stated that what was presented in the agenda packet was a conditional offer to resign
by Chief Walters and the Town Attorney indicated that Commissioner Smith's motion has parts of those
included, but not all. Commissioner Stark asked that if a motion was voted on such as presented, and the
Chief was not willing to go along with it, is his resignation rescinded because it is a conditional resignation?
Town Attorney Gougelman stated yes because it works much like a contract, if I make an offer to you and
you come back with a counter offer, it presents an alternative offer and it also rejects the initial offer.
Commissioner Stark asked if there would be an opportunity to have the Attorney, Town Manager and Police
Chief sit down and go over the resignation offer because she is not comfortable with the discrepancies between
the motion, the offer of resignation and issues discussed? Town Attorney Gougelman stated that if the parties
are willing, we certainly can do this and stated that he would feel more comfortable if everything was written out.
The Town Commission discussed that they feel it is important to have every thing agreed to and listed on paper
as to the exact payout figure and benefits prior to voting on this item. Town Attorney Gougelman stated that
the Town Commission can proceed by holding mediation with a neutral party working with Chief Walters and
Town Manager to nail down the dollar amounts and explore the mutual release or simply give us orders on
what the Town Commission wants drafted.
COMMISSIONER STACEY MOVED, SECOND VICE MAYOR REMARK TO TABLE COMMISSIONER
SMITH'S MOTION AND BRING THE ITEM BACK FOR ACTION BY FRIDAY, MAY 25, 2001.
VOTE: COMMISSIONER STACEY, AYE. COMMISSIONER STARK, AYE. VICE MAYOR REMARK, AYE.
MAYOR WILLE, AYE. COMMISSIONER SMITH, NAY. MOTION CARRIED.
Mayor Wille stressed the importance of staff discussing the idea of including a release as part the
resignation agreement. Attorney Hamnet suggested that the Police Chief, we well as the Town needs
to have a legal advisor and protection and it should be considered to bring in a neutral mediator to sit
down with the Town Manager and Police Chief to see if an agreement can be reached that is agreeable
to both parties.
MAYOR WILLE MOVED, SECOND VICE MAYOR REMARK THAT THE TOWN ENGAGE A MEDIATOR
TO WORK WITH THE POLICE CHIEF AND TOWN MANAGER TO TRY TO REACH AN ACCEPTABLE
AGREEMENT.
VOTE: MAYOR WILLE, AYE. VICE MAYOR REMARK, AYE. COMMISSIONER STARK, AYE.
COMMISSIONER STACEY, AYE. COMMISSIONER SMITH, NAY. MOTION CARRIED.
Mayor Wille opened the meeting up for public comment.
Matthew Smith, 1908 Cedar Lane stated that he has been a resident of Melbourne Beach for 24 years and
was a member of the volunteer fire department for 4 + years, was a Reserve Police Officer and a full time
Police Officer for the Town. Mr. Smith stated that Woody Woodrum, John Smith and the Police Chief are
probably the most respected men in Town and when he left employment with the Town, his civil rights were
violated, and, he never signed a release. Mr. Smith stated that he has known the Police Chief since he was
two (2) years old and that Chief Walters has been there for him when he has needed help and he is was
excellent Chief of Police and an excellent employer and it would be very sad if the Town lets him resign.
Mr. Smith stated that he plans to run for the Town Commission and the problem in Town is not with the
Chief of Police it is with the Commission, Manager, and Attorneys.
Jan Futch Guilbeau, 806 Oak Street commented that she and the Police Chief have had good times and
bad times and advised the Town Commission that the Police Chief broke the news to Shawn Tubbs that
his mother had died. Ms. Guilbeau stated to the Town Commission that the Town is being sued by the
United States Government because the Manager has lied to the United States government. Ms. Guilbeau
asked what the big deal is about a few thousand dollars in the Chief severance package?
Alice Graham, 305 Fifth Avenue commented that when two (2) attorneys are advising you not to do this
without a release, you should not do this without a release.
Don Kenney, 405 Sunset Boulevard commented that he does not understand most of this, but, based on
experience, employees will take compensatory time rather than vacation time and bank the vacation time,
which is wrong and somebody should put a stop to this. Mr. Kenney commented that the Town should have
a use or lose policy regarding vacation time. Mr. Kenney commented that a release is common in business
and should be used in this Town, especially for those employees in supervisory positions.
Robin Rigsby, 421 Sixth Avenue commented that Maberry never ever would treat Andy like this, they would
do anything they had to keep this from happening.
Vice Mayor Remark stated that she received a telephone call from Mrs. Grover and she has known the Police
Chief for years and gave him a lot of accolades and stated that she was sorry he is resigning and the Town
should try to talk him out of it.
F. DISCUSSION AND POSSIBLE ACTION REGARDING RESOLUTION NO. 676
RELATING TO THE BLUE RIBBON MUNICIPAL COMPLEX REVIEW AND
ADVISORY COMMITTEE.
Commissioner Stark stated that Mark Crispen had discussed the need to extend the Blue Ribbon Municipal
Complex Review and Advisory Committee and there are several dates in the resolution regarding the term
of the Committee.
Attorney Gougelman stated that the resolution was drafted with two (2) things in mind: the committee would
go to work and within a brief period of time produce their product, but knowing how committees are, the
resolution is structured so that the time can be extended, this was left to the discretion of the committee
and Commission both.
Commissioner Stark stated that as the liaison to the Committee, a lot of work has been done and they are
close and have a narrow focus and do not anticipate extending it way out, but feel they will come down pretty
close to the date. Commissioner Stark stated that she would like to make a motion. Mayor Wille asked if
this has to be done at this meeting because there is no rush to make a decision right now and he would feel
more comfortable waiting to see what the Committee requests. Commissioner Stark noted that the resolution
requires a notice on the agenda that two (2) or more Commissioners may be present and it was on the first
agenda and asked the Town Clerk that this notice be included.
Commissioner Stark stated that she would like to make a statement clarifying the intent of the Town
Commission liaison and Town Manager attending all Committee meetings because a comment was made
by a citizen and other comments have been made that Commissioner Stark has a conflict of interest and is
biased in regard to the project.
Commissioner Stark read the following statement into the record: "I am a member of the Melbourne Beach
Volunteer Fire Department. I have been serving the interest of this community in that role since 1996.
All volunteers are members of the not for profit corporation, which has a contract with the Town to provide
volunteers and fund raise for the volunteer department a minimum of once a year. I am a member of the
Board of Directors, serving for the past three years as corporation secretary. I do not receive financial
compensation for this service on the Board. Prior to submitting my letter of interest for the vacant commission
seat, a legal opinion was provided by the Town Attorney that due to the benefit of the community and my
status as a volunteer, that there was no conflict of interest. I also discussed the potential appearance of
conflict with Chief Dave Micka prior to submitting my letter of interest. If I had to make a choice, I would
have chosen not to extend my service to the Town beyond my work at the fire department and my active
participation at Town meetings for the past three years. I realize that as a Commissioner, it is not my
opinion that matters, but my open mindedness that is critical to hear views and ideas that may be different
from my experiences. I can not erase who I am and what I have learned through my experiences, they are
what makes me the person I am. I can promise the citizens of Melbourne Beach that since March 21st when
I took my oath of office, that I have been open minded and receptive to new information that after listening and
reflecting on, I consider to be a valid point. Everyone is entitled to an opinion, but what is good for the majority
and works toward the best interest, not of the Town as a municipal government, but the Town in perspective
of the residents is where my allegiances lies. (copy attached)
The Town Commission advised Commissioner Stark that she has their full support to continue her job as
liaison on the Blue Ribbon Committee.
G. DISCUSSION AND POSSIBLE ACTION REGARDING THE TOWN MANAGER?S
CONTRACT AND CLARIFICATION OF DUTIES.
Commissioner Stark stated the there is an effective date on the Town Manager's contract and it was signed
a considerable amount of time later and asked if the effective date is the date of the contract? The Town
Commission stated it is.
Commissioner Stark stated that there was an addendum regarding indemnification and verified with the
Town Commission that this indemnification was provided by Florida Statute and that it is standard and
nothing different than reaffirming the Florida Statute.
Commissioner Stark stated that the Charter description of the Town Commission's role as it relates to the
Town Manager in Section 3.01, Powers and Duties of the Town Commission it reads, "All powers of the
Town shall be vested in an elected Commission, except as otherwise provided by this Charter or by law.
The Town Commission shall be responsible to the citizens of Melbourne Beach for the proper functioning
of all Town affairs and to that end, subject to the provisions of this Charter, shall have power and are required
to: Appoint, when necessary for the good of the Town, suspend or remove, the Town Manager, Town Clerk or
Town Attorney, or members of any board, commission or agency, who are appointed by the Town Commission.
Approve any additions or deletions of staff, Provide policy direction to, and exercise control over, the Town
Manager as may be required in his/her role as administrative head of the Town."
Commissioner Stark stated that agenda setting and follow through have been a problem discussed by this
Commission in public meetings over the past year and that there are many issues and agenda items that
are not followed up on in a timely manner when directed by the Town Commission at a meeting. Commissioner
Stark pointed out that the mediation, which was presented tonight and personnel records were also requested
to be on the agenda also. Mayor Wille stated that his understanding is that the attorney has not presented
the personnel records policy yet. Commissioner Stark stated that maybe enough time has not passed yet.
Commissioner Stark suggested that perhaps the Town Commission items be followed a little more closely
or that possibly a comment be with the agenda if an item is not on the agenda. Mayor Wille stated that
this sounds like a status report of open issues.
Commissioner Stark stated that she feels briefing the Town Commission is important, but there is a fine line
between briefings for question and answer and poling the Commission on views prior to the meeting and that
she is a little concerned with the intensity of the issues facing the Town. Commissioner Stark stated that
she would like clarification of the Sunshine Law because she is uncomfortable.
Town Attorney Gougelman reviewed the Blackwood decision with the Town Commission which deals with
the conduit theory.
Commissioner Stark stated she would like some clarification regarding the Town Manager's evaluation and
stated if the Town Commission has the responsibility to complete an evaluation on the Town Manager annually
or so and asked if the evaluations are public record and can she request a copy? The Town Commission
advised Commissioner Stark that they are public record and that she can request a copy. Commissioner
Stark asked if the goal setting workshop is for the Town or is it how the Town Commission will deal with
recommendations in the evaluation, or can the Commission have an opportunity to discuss the evaluations
as a body?
Mayor Wille advised that the evaluations are for each Commissioner to review as we chose and we do not
do them publicly because it is very uncomfortable. Mayor Wille stated that he believes the appropriate process
is to handle this individually and if any Commissioner sees that there is a consistency in areas that are room
for improvement that anybody wants to bring to the forum, this is available. Mayor Wille stated that he would
like to see status reports so that we won?t have to ask questions about issues.
H. DISCUSSION AND POSSIBLE ACTION REGARDING A PROPOSAL FOR
MEDIATION REGARDING SCOPE OF SERVICES AND COST ASSOCIATED
WITH SUCH A PROCESS TO RESOLVE ONGOING EMPLOYEE COMPLAINTS.
Commissioner Stark stated that a proposal for a mediator was distributed to the Town Commission today.
Mayor Wille stated that he was tasked at the May 4th meeting to contact Marilyn Crotty and discuss this.
Mayor Wille reported that he discussed the situation and Marilyn Crotty advised that she has a unit at the
University of Central Florida that does mediation and she put the proposal together and, in the meantime,
the Chief had submitted his resignation and he decided to make the mediator aware of this and make sure
that there would be some sort of up-front agreement to make sure the parties are in agreement to mediation.
V. REPORTS
A. TOWN MANAGER
Town Manager Ciummo reported that she met with Outlaw Engineering and the Public Works Director to
view the pending projects and to get the engineers working on a lot of issues. Town Manager Ciummo
reported that the engineer is incorporating some drainage projects with the forced main project.
Town Manager Ciummo reported that they also reviewed the Loggerhead Park Preserve site development
and she gave the engineer the library plans, which are 90 percent complete and they will review the drainage
plan on the site. Town Manager Ciummo stated that the engineers will also be working on the stormwater
master plan as well. Town Manager Ciummo stated that she hopes she will have time to segregate all of the
projects and give the Commission updates. Town Manager Ciummo stated that she has been coordinating
with the Williams Building Ad Hoc Committee and they have received a lot of donations.
Town Manager Ciummo reported that she had attended a Civil Service Board meeting and one of the things
they are recommending is that the Town look at increasing the entry level salary for Police Officers.
Town Manager Ciummo stated that she will get a report to the Town Commission and provide a weekly report
on all of the subjects.
Town Manager Ciummo reported that earlier Jan Futch had stated that the Town is being sued by the
Justice Department. Town Manager stated that Ms. Futch filed a complaint that our street ends are not
handicapped accessible and if we were to install handicap ramps at each street end, the cost would be
prohibitive and there would be no room for parking. Town Manager Ciummo stated that she was told by
the Parks Department in Washington that it is not a regulation to have every public access point handicap
accessible and that our public access point is Ocean Park. Town Manager Ciummo stated that the beach
restoration project will change the elevation of the sand so we?ll have to wait for that to be completed before
we do anything. Town Manager Ciummo stated that when we do the project, we will provide a beach chair
for access from the ramp to the ocean?s edge.
B. TOWN ATTORNEY
There was no Town Attorney report.
VI. TOWN COMMISSION ANNOUNCEMENTS, COMMENTS & REPORTS
Commissioner Stacey reported that at the Board of Directors meeting of the Space Coast League of Cities it
was discussed that the Education Department in Brevard County is going to give the opportunity to use the
playground and school facilities after hours. They just need some people to oversee the facilities.
Commissioner Stacey requested that the Town Manager be directed to tell the Finance Department that the
Mayor and Commissioners will be paid the month after they serve because we are being paid in advance.
The Town Commission members agreed to this.
Vice Mayor Remark reported that she did not know that Sibby Tubbs passed away until Sunday, it is not
that the Town Commission did not care. Vice Mayor Remark stated that when Bud Conroy was Mayor,
there were policies and procedures set up for the Town Commission and suggested that this be done again.
VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STARK THAT STAFF COME BACK AT THE
NEXT REGULAR MEETINGS WITH A SET OF POLICIES AND PROCEDURES FOR CONDUCTING TOWN
MEETING FOR THE TOWN COMMISSION'S REVIEW.
VOTE: ALL AYES. MOTION CARRIED.
Commissioner Smith asked if Outlaw Engineer has signed a contract yet? Town Manager Ciummo reported
the Mr. Outlaw has been in Spain for the last four (4) weeks, but, we will be addressing this. Town Manager
Ciummo stated that the Town wanted a non-exclusive contract and Mr. Outlaw is insisting on an exclusive
contract. Town Manager Ciummo stated that it was her feeling when we went out for proposals that it was
structured so that the Town could pick and choose if there was a specialty engineering type of situation.
Town Manager Ciummo stated that she feels the Town will be able to work out an agreement.
Commission Smith asked about the new code changes? Town Manger Ciummo stated that this is Rochelle
Lawandales project and she is not sure where the code is at this time. Commissioner Smith stated that she,
David Campbell a Planning and Zoning Board Member, and the Town Manager met and felt it might be easier
to review the code changes if there were a side-by-side comparison of the codes.
The Town Commission discussed the goal setting workshop scheduled for May 21, 2001 and Town Manager
Ciummo indicated that she is not ready for the goals workshop and that she has not spoken to Marilyn
Crotty about the workshop at the is time. The Town Commission suggested that if the Town Manager is
not prepared for the goal setting workshop that it be postponed.
IT IS THE CONSENSUS OF THE TOWN COMMISSION THAT THE GOAL SETTING WORKSHOP BE
POSTPONED UNTIL MID-JUNE AND THAT THE TOWN MANAGER TALK WITH MARILYN CROTTY TO
GET AN OUTLINE OF THE WORKSHOP.
Commissioner Smith asked about the maintenance agreement between the Town and County for the
sediment control facilities project? Town Manager Ciummo stated that the county was to bring back a
draft agreement, but she has not heard from them as of yet.
Mayor Wille stated that as part of the drainage project, the county will be resurfacing Oak Street and asked
if there is any interest in requesting that the County install shoulders on the road or improve the bike path?
Town Manager Ciummo stated that she talked to the Town Engineers about sidewalks on Oak Street from
Ocean Avenue to Gemini School on the west side of the street and they are going to look into a cost for this.
Mayor Wille stated that the Town Commission is requesting that as part of the resurfacing project the County
put shoulders on the road and fix the existing bike path.
Commissioner Stark stated that she talked to the Town Manager regarding the time limit on the bond funding
and asked for an update to this. Town Manager Ciummo stated that she talked to the League of Cities about
the time limit on using the money for the municipal complex and it would be November 1, 2002, with the project
completed. Town Manger Ciummo stated that there are provisions in the bond document to extend it and she
will look into this.
Commissioner Smith asked if anyone is going to attend the records workshop in Orlando on June 11th that
was brought up by Bob Gauthier from the Blue Ribbon Committee. Town Clerk Masny stated that the records
workshop is for records storage, which is similar to a workshop she attended last August. The Town
Commission did not feel it necessary for a member of the Committee to attend this workshop.
Mayor Wille asked that a policy be implemented for the timeliness of information to be submitted for the
newsletter and more structure of the time frame.
Mayor Wille stated that the Town Commission did not receive the financial report with the agenda package
and requested to read from the minutes what was told to the Commission by Facs, the Town's outside
financial service. "The Finance Clerk will send 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 and
it was emphasized how important it is to receive and Ms. Hugdahl stated that with monthly statements
being send overnight these reports can now be turned around within a weeks time.? Mayor Wille encouraged
staff do whatever possible to get these financial reports. The Town Commission agreed that after meeting
with representatives of Facs, it was their understanding that these reports would be in the meeting packets
from now on.
VII. ADJOURNMENT
COMMISSIONER SMITH MOVED, SECOND COMMISSIONER STARK TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The regular meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 10:50 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.
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