TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - REGULAR MEETING
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WEDNESDAY
JUNE 20, 2001
7:00 P.M.
COMMUNITY CENTER
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A special meeting of the Town Commission of the Town of Melbourne Beach, Florida was
called to order by Mayor Wille at 5:35 p.m. on Thursday, June 28, 2001 in the Community Center.
Mayor Wille also led the Pledge of Allegiance to the Flag.
Present: Mayor Wille
Commissioner Smith
Commissioner Stacey
Commissioner Stark
Absent: Vice Mayor Remark
Others Present: Town Attorney Gougelman
Town Manager Ciummo
Police Chief Walters
14 members of the public
Town Clerk Masny
PRESENTATIONS
STATE REPRESENTATIVE MIKE HARIDOPOLOS - LEGISLATIVE UPDATE - State Representative
Mike Haridopolos updated the Town Commission on actions taken during the legislative sessions held in Tallahassee.
RECOGNITION OF BILL ROFFEY AS FIRE CHIEF - The Town Commission presented Bill ROFFEY with a
plaque in appreciation of his service to the Town of Melbourne Beach as Volunteer Fire Chief from June 1992
through March 2000.
REPORTS FROM TOWN BOARDS AND COMMITTEES
Environmental Advisory Board - Jeanne Allen reviewed the new boardwalk plan for the Loggerhead Park Preserve with
the Town Commission.
Williams Building Ad Hoc Committee - Jeanne Allen reported that the Committee has come up with a tentative budget
based on revenues, expenditures and operating costs, which will be brought up by the Town Manager during the annual
budget review process. Ms. Allen stated that the Committee is considering asking the Parks Board if they could tap
into the $75,000 from the County Park Referendum.
Blue Ribbon Municipal Complex Review and Advisory Committee - Mark Crispen, Committee Chairman reported that
the Committee has submitted a letter to the Town Commission requesting that the Town Commission extend the
can Committee's term an additional 60 days. Chairman Crispin stated that the Committee is at a stage now where
it can now come up with one recommendation for the Town Commission regarding the municipal complex. Mayor Wille
and the Town Commission encouraged Chairman Crispen that the Committee complete its task within the. additional
60 days.
Mayor Wille asked Town Attorney Gougelman when the 60-day extension will be effective? Attorney Gougelman
advised that the intent would be 90 days from the effective date of the resolution.
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER STARK TO EXTEND THE BLUE RIBBON
MUNICIPAL COMPLEX REVIEW AND ADVISORY COMMITTEE'S TERM AN ADDITIONAL 60 DAYS FROM
THE EFFECTIVE DATE OF THE RESOLUTION.
VOTE: ALL AYES. MOTION CARRIED
I. APPROVAL OF MINUTES: MAY 1, 2001 SPECIAL MEETING
MAY 4, 2001 SPECIAL MEETING
MAY 16, 2001 REGULAR MEETING
COMMISSIONER SMITH MOVED, SECOND COMMISSIONER STACEY TO APPROVE THE MINUTES OF THE
MAY 1, 2001 SPECIAL MEETING, MAY 4, 2001 SPECIAL MEETING AND MAY 16, 2001 REGULAR MEETING
AS WRITTEN.
VOTE: ALL AYES. MOTION CARRIED.
II. NON-SCHEDULED CITIZEN COMMENTS (3-MINUTE LIMIT, PLEASE)
There were no non-scheduled citizen comments.
III. PUBLIC HEARING:
A. RESOLUTION NO. 680
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY,
FLORIDA ACCEPTING A PROPOSAL FROM GAMETIME FOR PLAYGROUND
EQUIPMENT IN THE AMOUNT OF $62,886.89 FOR RYCKMAN PARK AND
AUTHORIZING THE TOWN MANAGER TO WAIVE THE FORMAL BID
REQUIREMENTS AND PURCHASE THE ITEMS IN ACCORDANCE WITH THE
STATE OF FLORIDA GOVERNMENT COOPERATIVE PURCHASING PROCESS;
PROVIDING FOR AN EFFECTIVE DATE.
Town Attorney Gougelman read Resolution No. 680 by title. Mayor Wille referenced for
Representative Haridopolos that this is one (1) of two (2) projects that could not be completed
without the State's cooperation with the Town as Loggerhead Park Preserve was acquired
through the Forever Florida, P2000 funds and a FRDAP grant for funds for park equipment in
Ryckman Park.
B. RESOLUTION NO. 681
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY,
FLORIDA ACCEPTING AN INVITATION FROM THE BREVARD COUNTY
OFFICE OF EMERGENCY MANAGEMENT AND THE STATE OF FLORIDA TO
PARTICIPATE AS A FEDERAL EMERGENCY MANAGEMENT AGENCY
PROJECT IMPACT COMMUNITY; PROVIDING FOR AN EFFECTIVE DATE.
Town Attorney Gougelman read Resolution No. 681 by title. Mary Bolin from Brevard County
Emergency Management came forward and stated that Brevard County is one (1) or seven (7) in
the state to be awarded this designation from the Federal Emergency Management Agency. Ms.
Bolin described Project Impact as a community effort to build a disaster resistant community and
it is proposed to bring the theory of disaster resistance to the community level through the
businesses, churches, municipality and individual citizens.
Ms. Bolin requested a partnership to this project to allow her to work with the Town
Departments and Officials to make sure she can do everything possible in Melbourne Beach to
make it disaster resistant, to include outreach programs and seminars with businesses.
There were no questions of the Town Commission. Town Manager Ciummo stated that she
recommends that the Town participate in this project.
Mayor Wille opened the public hearing for comments regarding Resolution No. 681. There were
no public comments.
Commissioner Smith requested the following corrections to Resolution No. 681: In the second
Whereas, second line, change the word "exit" to "exist" and in the seventy Whereas, first line,
change the word "out" to "our."
COMMISSIONER SMITH MOVED, SECOND COMMISSIONER STARK TO APPROVE
RESOLUTION NO. 681, AS AMENDED, A RESOLUTION OF THE TOWN OF
MELBOURNE BEACH, BREVARD COUNTY, FLORIDA ACCEPTING AN INVITATION
FROM THE BREVARD COUNTY OFFICE OF EMERGENCY MANAGEMENT AND THE
STATE OF FLORIDA TO PARTICIPATE AS A FEDERAL EMERGENCY MANAGEMENT
AGENCY PROJECT IMPACT COMMUNITY; PROVIDING FOR AN EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED.
C. RESOLUTION NO. 682
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY,
FLORIDA RELATING TO REQUIRING AND COLLECTING PERMIT FEES FROM
PROVIDERS OF COMMUNICATIONS SERVICES AND INCREASING THE LOCAL
COMMUNICATIONS SERVICES TAX; PROVIDING FOR INTENT; PROVIDING
FOR ELECTION NOT TO REQUIRE AND COLLECT PERMIT FEES; PROVIDING
FOR ELECTION TO INCREASE LOCAL COMMUNICATIONS SERVICES TAX;
PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Town Attorney Gougelman read Resolution No. 782 by title. Town Manager Ciummo stated that
this is related to the utility tax on communications and the Town levies a rate of 6.65% out of an
allowable 10% and the State has consolidated these taxes and put them under one (1) law
entitled, "The Communications Service Tax Simplification Law' to make it easier to administer.
Town Manager Ciummo stated that the effect will be that the 6.65% tax rate will go to 5.5% in
the first year and if the Town waives fees for utilities working in the right-of-way, the rate
thereafter will be 5.2%. Town Manager Ciummo stated that the Town should e generating the
same amount of revenue, if not more, from this revised tax.
Town Attorney Gougelman reported that the Legislature has taken a number of different taxes
and put them into one (1) tax and the cities have been guaranteed that the amount of funds
generated will not decrease from the previous years. Town Attorney Gougelman reported that
there will no longer be a utility tax and anybody coming into the Town, who normally requests a
franchise agreement will no longer be signing these and the Town will be required to adopt
standards for the use of its right-of-ways for all users. Town Attorney Gougelman reported that
he will be drafting an ordinance for this, which will amend out of the code the provisions
regarding cable TV, etc. and these will be replaced by sections describing the standards for
telecommunication companies to use the Town's right-of-way.
Town Attorney Gougelman advised that to implement this new telecommunications services tax,
the Town must adopt Resolution 682 and notify the Department of Revenue by July 15, 2001 and
tell them whether or not the Town intends to collect a permit fee from any telecommunications
company.
Town Attorney Gougelman stated that the Legislature has provided that the Town can charge no
more than $100 for a permit fee and if it elects to charge a permit fee, the Town's percentage for
telecommunications services tax will be reduced by .12%, and if the Town does not charge a
permit fee, the levy is increased by .12%.
Mayor Wille opened the public hearing for comments regarding Resolution 682. There were no
public comments.
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER SMITH TO ADOPT
RESOLUTION NO. 682, A RESOLUTION TO THE TOWN OF MELBOURNE BEACH,
BREVARD COUNTY, FLORIDA RELATING TO REQUIRING AND AND COLLECTING
PERMIT FEES FROM PROVIDERS OF COMMUNICATIONS SERVICES AND
INCREASING THE LOCAL COMMUNICATIONS SERVICES TAX; PROVIDING FOR
INTENT; PROVIDING FOR ELECTION NOT TO REQUIRE AND COLLECT PERMIT
FEES; PROVIDING FOR ELECTION TO INCREASE LOCAL COMMUNICATIONS
SERVICES TAX; PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED.
D. RESOLUTION NO. 683
A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY,
FLORIDA RELATING TO INCREASING THE LOCAL COMMUNICATIONS
SERVICES TAX RATE; PROVIDING FOR INTENT; PROVIDING FOR INCREASED
LOCAL COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR NOTICE
TO THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
Town Attorney Gougelman read Resolution No. 683 by title and stated this is another notice the
Town has to provide to the Department of Revenue by no later than July 16, 2001 regarding the
rate that the Town will be charging. Town Attorney Gougelman advised that next year, the
Town will be receiving only 11 months of income from this tax and as a result, the Legislature
has stated that for Fiscal Year October 1, 2001 through September 30, 2001, there will be one
rate that can be charged, a higher rate, to make up for the one (1) month's loss of revenue. Town
Attorney Gougelman reported that effective October 1, 2002 through September 30, 2003, the
law will allow a slightly lower rate because the Town will receive the 12 moths' income that year.
Town Attorney Gougelman stated that by adopting this resolution, the Town is advising the State
Department of Revenue what the rates will be for the upcoming fiscal year and for the next fiscal
year. Town Attorney Gougelman stated that for the upcoming fiscal, the Town can charge either
5.5% or 5.2% and that staff is recommending that the Town charge the 5.5% because the studies
have indicated that if the Town does not charge the higher rate, it will probably have less income
than the past two (2) years.
Mayor Wille opened the public hearing for comments regarding Resolution No. 683. There were
no public comments.
Mayor Wille stated that the effectiveness is the fiscal year October 1st but it does not functionally
go into effect until November 1st and asked if this is correct? Town Attorney Gougelman stated
that it will occur before November 1st because rather than the Town receiving a check from the
telecommunications companies, all of them will send checks to the Department of Revenue,
where it will go through their system and they will mail the Town a check.
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER SMITH TO ADOPT
RESOLUTION NO. 683, A RESOLUTION OF THE TOWN OF MELBOURNE BEACH,
BREVARD COUNTY, FLORIDA RELATING TO INCREASING THE LOCAL
COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR INTENT; PROVIDING
FOR INCREASED LOCAL COMMUNICATIONS SERVICE TAX RATE; PROVIDING
FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
VOTE: ALL AYES. MOTION CARRIED.
IV. NEW BUSINESS:
A. DISCUSSION AND POSSIBLE ACTION REGARDING A WORK ORDER FOR
TOWN'S CONSULTING ENGINEERS TO COMPLETE TASKS ASSOCIATED
WITH A MASTER STORMWATER MANAGEMENT PLAN FOR THE TOWN OF
MELBOURNE BEACH.
Town Manager Ciummo reported that the Town received a grant to complete a stormwater
masterplan and the cost of the engineering services to provide it are fully funded under these
grant revenues and the arrangements with the Town's consulting engineer is that he provides
work orders for any projects and these are approved by the Town Commission. Town Manager
Ciummo recommended that the Town Commission authorize Outlaw Engineering to do the
stormwater master plan since these funds are in place. Town Manager Ciummo recommended that
the motion should acknowledge the fact that the stormwater utility budget needs to be amended
to include the revenues and expenditures for this project as well.
Mayor Wille stated that he prefers to be doing projects that will improve the stormwater quality
that is going into the Lagoon and it had been expressed repeatedly that without this masterplan,
the Town's attempts to get future grants would be considerably reduced.
Mayor Wille asked for public comment regarding the work order. There were no public comments.
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER SMITH TO APPROVE
A WORK ORDER FOR TOWN'S CONSULTING ENGINEERS TO COMPLETE TASKS
ASSOCIATED WITH A MASTER STORMWATER MANAGEMENT PLAN FOR THE
TOWN OF MELBOURNE BEACH AND THAT THE STORMWATER UTILITY BUDGET
BE AMENDED TO INCLUDE THE REVENUES AND EXPENDITURES FOR THE PROJECT.
VOTE: ALL AYES. MOTION CARRIED.
B. DISCUSSION AND POSSIBLE ACTION REGARDING A WORK ORDER FOR
TOWN'S CONSULTING ENGINEERS TO COMPLETE TASKS ASSOCIATED
WITH REHABILITATION OF THE MELBOURNE BEACH MUNICIPAL PIER.
Town Manager Ciummo stated that the funding for this project will be obtained from three (3)
sources and all total it should come to about $275,000.00 to rehabilitate the pier and the impact
on the Town's budget should be minimal. Town Manager Ciummo stated that because this is a
large project, the Town should have an engineer doing the design and overlooking the project.
Town Manager Ciummo requested that the Town Commission approve the work order
contingent upon the Town being notified of receiving one (1) or the two (2) grants. Town
Manager Ciummo stated that the funding for this is included in the Capital Improvements
Budget.
Mayor Wille stated that the Town Commission would like to see in the design of the pier
rehabilitation plans, a dockage area for a commercial type boat to allow for pedestrian
passenger type service for someday in the future.
Mayor Wille asked for public comment regarding the work order. There were no public comments.
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER SMITH TO APPROVE A
WORK ORDER FOR TOWN'S CONSULTING ENGINEERS TO COMPLETE TASKS
ASSOCIATED WITH REHABILITATION OF THE MELBOURNE BEACH MUNICIPAL
PIER CONTINGENT UPON THE SUCCESSFUL IDENTIFICATION OF ONE (1) OF THE
TWO (2) GRANTS BEING APPROVED AND THAT THE DESIGN OF THE PIER
REHABILITATION PLANS INCLUDE A DOCKAGE AREA FOR A COMMERCIAL TYPE
BOAT TO ALLOW FOR PEDESTRIAN PASSENGER SERVICE.
VOTE: ALL AYES. MOTION CARRIED.
C. DISCUSSION AND POSSIBLE ACTION REGARDING A PROPOSAL FOR
MEDIATION PROCESS.
Mayor Wille stated that the Town Commission had requested a mediator through the University
of Central Florida to work with the Town Manager and Chief of Police. Mayor Wille stated that
he had requested an agreement to participate in mediation to show a commitment by both parties.
Mayor Wille reported that the Police Chief has chosen not to sign the agreement.
Commissioner Stark asked if the Police Chief received a copy of the outline of the Melbourne
Beach Mediation Process? Chief Walters stated that he did not. Commissioner Stark stated that
it appears that the agreement signed by the Town Manager and lack of a signature by the Police
Chief is a bit distorted. Commissioner Stark stated that because the Chief did not get this piece
of information, it is an example of why we have the problem we have.
Mayor Wille asked Town Clerk Masny if the Police Chief received the mediation process?
Town Clerk Masny stated that she did not give him a copy. Mayor Wille stated that at the June
1st meeting, the Police Chief had indicated he would participate in mediation and noted that the
Police Chief's June 7th letter caught him by surprise.
Commissioner Stark stated that chief Walters needs to look at the outline and see that there are
more than two (2) people affected having the ability to give input to it. Commissioner Stark
stated that it appears to be a fair process and that conflict resolution does not assign a decision of
right or wrong. Commissioner Stark stated that by reviewing the Chief's memo, he
misunderstood Andy Hament's offer to get a judge to help mediate the details of the separation
agreement, not the mediation process.
Police Chief Walters came forward and stated that he does not know who this person is, does not
know his qualifications, but does know that the Mayor and Town Manager have both talked to
him. Chief Walters stated that he has not had the opportunity to talk with him or helped in the
selection of this person. Chief Walters stated that if the town is going to have a conflict
resolution person in here, he should come in here not knowing any of the parties involved, not
having discussed anything with any of the parties involved and be able to sit down with a person
to person discussion trying to find a solution to the problems. Chief Walters stated that he feels
this would be the fair way.
Mayor Wille stated that the Town Commission directed that he contact Marilyn Crotty to select
someone to mediate and the Town Commission has a great deal of confidence in Marilyn Crotty
and she recommended this gentleman in that process.
Commissioner Smith stated that she does not like the idea that the Town Manager has talked to
the mediator. Chief Walters asked if Andy Hament could call Marilyn Crotty and request that
she select someone else to mediate. The Town Commission discussed the idea of requesting the
Town Attorney to contact the Labor Law Attorney, Andy Hament to contact Marilyn Crotty
requesting her to select another mediator.
COMMISSIONER STARK MOVED, SECOND COMMISSIONER STACEY THAT THE
TOWN COMMISSION APPROVE THE MEDIATION BY FLORIDA CONFLICT
RESOLUTION CONSORTIUM PENDING THE POLICE CHIEF'S SIGNATURE OF
WILLINGNESS TO PARTICIPATE WITH THE CHEVIOT THAT ANDY HAMENT
CONTACT MARILYN CROTTY, WHO WILL CONTACT THE FLORID CONFLICT
RESOLUTION CONSORTIUM AND SEE IF THERE IS ANOTHER PERSON BESIDES
THE PERSON WHO HAS ALREADY SPOKEN TO ONE OF THE PARTIES AND NONE
OF THE PARTIES INVOLVED ARE TO CONTACT THE NEUTRAL PERSON.
VOTE: ALL AYES. MOTION CARRIED.
D. REVIEW OF AND COMMENTS TO BREVARD COUNTY REGARDING
COUNTY ORDINANCE 2001-25 RELATING TO THE REGULATION OF RAVE CLUBS.
Town Attorney Gougelman stated that because of the Ciberfest 2000 event which took place in
Melbourne last Labor Day, Melbourne has embarked in the process of developing a rave
ordinance. Town Attorney Gougelman stated that this ordinance is ready except for the noise
ordinance element.
Town Attorney Gougelman stated that Brevard County has adopted a rave ordinance for the
unincorporated areas and the Town has the option of taking four (4) different actions regarding
this: 1. take no action at all; 2. Direct staff to prepare another version of the ordinance; 3. Await
the completion of the Melbourne ordinance and consider it; or 4. Link up with Brevard County
and advise them that the Town would like the County ordinance to be effective within the Town
limits of Melbourne Beach.
Commissioner Stacey stated that the Space Coast League of Cities is preferring the cities go with
the county ordinance. Mayor Wille stated that the Town would be subject to the County
Manager regarding administration of the ordinance. Town Attorney Gougelman stated that the
Town would be handing over a little of its home rule authority to the County and pointed out the
County Manager has the authority to exempt a club that could be a rave club from the rave
ordinance, which raises questions.
After a discussion about the County rave club ordinance, it is the consensus of the Town
Commission to review the City of Melbourne's rave ordinance when completed and possible
action.
E. APPROVAL OF AN INTERLOCAL AGREEMENT BETWEEN BREVARD COUNTY
BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF MELBOURNE
BEACH REGARDING FUNDING FROM THE SOUTH BREVARD RECREATION
SPECIAL DISTRICT.
Mayor Wille stated that this agreement is a result of the favorable vote on the recreation projects
for the South Brevard Recreation Special District, which provides for $75,000 for each
municipality that chooses to participate in an interlocal agreement.
Mayor Wille opened the meeting for public comments regarding the interlocal agreement.
There was no public comment.
Town Manager Ciummo asked if she should refer this to the Parks Board for a recommendation?
Mayor Wille stated that he sees this as more funds available in the Town's budget process and
the Board should be made aware of the availability of these funds; but, the Town Commission
will have the responsibility of approving the projects and process of the utilization of the funds.
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER SMITH TO APPROVE
THE INTERLOCAL AGREEMENT BETWEEN BREVARD COUNTY BOARD OF COUNTY
COMMISSIONERS AND THE TOWN OF MELBOURNE BEACH REGARDING FUNDING
FROM THE SOUTH BREVARD RECREATION SPECIAL DISTRICT.
VOTE: ALL AYES. MOTION CARRIED.
F. DISCUSSION AND POSSIBLE ACTION REGARDING AMENDMENTS TO
TOWN'S POLICIES AND ADMINISTRATIVE PROCEDURES MANUAL:
1. CHAPTER 4, SECTION 4.07: PERSONNEL RECORDS
2. CHAPTER 19, SECTION 19.03: RIGHT TO APPEAL
3. CHAPTER 20A, SECTIONS 20A.01 AND 20A.02: PROCEDURE FOR
INVOLUNTARY TERMINATION, DEMOTION OR SUSPENSION WITH
LOSS OF COMPENSATION OF A NON-PROBATIONARY EMPLOYEE
Town Manger Ciummo stated that Attorney Fawsett was asked to look at the personnel
regulations and these were changes discussed by the Town Commission. Town Manager
Ciummo stated that she has been trying to reach Attorney Fawsett for clarification on some of
these recommendations and on a previously adopted policy. Town Manager Ciummo
recommended that the Town Commission request Attorney Andy Hament look at these policy
amendments for review and recommendation.
Town Attorney Gougelman stated that he has been in contact with Attorney Hament regarding
his contract with the Town and he is reviewing the agreement and it will be coming back to the
Town Commission.
Commissioner Stark stated that Chapter 19 is a due process component that was discussed as part
of the grievance process as presented by Attorney Fawsett and that she does not understand
where Section 20A comes from. Commissioner Smith stated that she did not remember
discussing having this type of policy either. Commissioner Stark stated that she remembers
Mayor Wille asking that the personnel records be brought for discussion. Mayor Wille stated
that he has requested a policy appointing one (1) person in charge of personnel records. Mayor
Wille stated that he believes this was the Manager's attempt to show the Town Commission that
she is not comfortable with the policies she was provided.
Mayor Wille suggested that the Town Commission authorize the Labor Law Attorney to come
back with a proposal to address these issues and a process to implement them, subject to the
Town Clerk confirming the original direction of the Town Commission regarding Chapters 19
and 20A.
COMMISSIONER STARK MOVED, SECOND COMMISSIONER STACEY THAT THE
TOWN CLERK CONFIRM THE ORIGINAL DIRECTION OF THE TOWN COMMISSION
REGARDING CHAPTERS 19 AND 20A AND IF NECESSARY, THAT THE LABOR LAW
ATTORNEY, ANDY HAMENT BE CONTACTED TO REVIEW THESE FOR
PRESENTATION AT THE NEXT REGULAR MEETING FOR PROPER ADOPTION.
VOTE: ALL AYES. MOTION CARRIED.
4. CHAPTER 21, SECTION 21.04-A: NEWSLETTER TIME LINE
Mayor Wille stated that this was a result of a discussion of a clear time line for publication
of the newsletter.
Mayor Wille and the Town Commission suggested that the newsletter's designated months
be for publication under section 21.04-A be changed to start with a December/January newsletter
rather than a January/February publication.
COMMISSIONER SMITH MOVED, SECOND COMMISSION TO ADOPT SECTION 21.04-
A, B, AND C INTO THE PERSONNEL POLICIES AS WRITTEN.
VOTE: ALL AYES. MOTION CARRIED.
G. DISCUSSION AND POSSIBLE ACTION REGARDING REQUEST OF FLORIDA
MUNICIPAL LOAN COUNCIL.
Town Manager Ciummo stated that the Florida Municipal Loan Council issued four (4) bonds
and apparently each one has its own insurance and they would like all bonds insured under one
(1) policy. Town Manager Ciummo stated that this will not affect the Town at the present time,
but, will probably in future financial offerings. Town Manager Ciummo stated that they need
every participating municipality to agree and adopt a formal resolution at a later date. Town
Manager Ciummo recommended approval.
Commissioner Stark stated that the Town Manager was going to look into the time limits on the
existing loan to find out if there is an extension and what the conditions are. Town Manager
Ciummo stated that she has talked to the bond counsel and she will look into it and get back to
the town , but, bond counsel said it will not be a problem. Town Manager Ciummo suggested
that the Town Attorney look into the matter of the time extension and report back to the Town
Commission. The Town Commission requested that the Town Attorney contact the bond council
regarding this issue. Commissioner Stark stated that she understands the project is to be
completed by November 2002 and requested the Town Attorney also find out what the issues and
ramifications are if the clock is ticking because there were two methods, they held the money in a
reserve for the Town or they gave the Town the funds. Town Manager Ciummo stated that bond
counsel informed her that the clock is ticking on the funds. Town Attorney Gougelman was
requested to look into the status of the Florida Municipal Loan Council bond money.
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER STARK TO AUTHORIZE
THE TOWN MANAGER TO SIGN AN ACKNOWLEDGMENT, EXHIBIT G, TO BE FOLLOWED
BY A RESOLUTION OF THE TOWN COMMISSION.
VOTE: ALL AYES. MOTION CARRIED.
H. TOWN BOARD APPOINTMENTS, REAPPOINTMENTS & RESIGNATIONS.
Town Clerk Masny stated that Robert Schaefer's term expired on the Board of Adjustment on
June 18, 2001. He has returned his application to be reappointed and has attended all five (5)
meetings the Board has held in the past 12 months. Town Clerk Masny stated that if the Town
Commission reappoints Mr. Schaefer to the Board of Adjustment, it will be for a three (3)
year term.
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER SMITH TO REAPPOINT
ROBERT SCHAEFER TO THE BOARD OF ADJUSTMENT FOR A TERM JUNE 20, 2001
THROUGH JUNE 20, 2004.
VOTE: ALL AYES. MOTION CARRIED.
V. REPORTS:
A. TOWN MANAGER
Town Manager Ciummo reported that the Town Commission has been given an update to the
drainage project and tennis court resurfacing project from the Public Work Director and that Ron
Jones is not happy with the Oak Street drainage project and has rejected the plans. Town
Manager Ciummo stated that the interlocal agreement with the County for maintenance will be
delayed but is being worked on.
Town Manager Ciummo stated that the bay tree in RYCKMAN Park was knocked over in the storm
and is completely down. Public Works has reported that the tree is rotten inside and the wood is
not salvageable. The Parks Board has agreed that the tree needs to be removed and on Monday
or Tuesday of next week it will be gone. Mr. Powers advised the Parks Board that he would save
any good wood for the Parks Board in case they want to do a souvenir fund raiser.
Town Manager Ciummo stated that she has given the budget format to department heads and
the budget should be given to the Town Commission the first week in July.
Town Manager Ciummo stated that she has been preparing a comprehensive report on all of the
areas of administration and projects in Town and requested a workshop to review these so that
there is a feel for the overall picture. Town Manager Ciummo stated that for each project, she is
preparing a detailed sheet which can be updated monthly for the Town Commission.
Commissioner Smith asked if this was the same thing as mentioned at the last meeting where she
said she would do a report on all subjects and give a report weekly? Town Manager Ciummo
stated that this would be a comprehensive monthly report.
Commissioner Stark stated that what the Town Manager is proposing is a good idea, but it does not
address the concerns, the lack of follow through on directions from the Town Commission and
more timely updates. Commissioner Stark suggested that the Town Manager do something
more simple, such as taking the items directed for follow-up and produce a memo listing these
with the status as this sounds like a huge project which will delay providing the information the
Town Commission has asked for. Mayor Wille stated that the concern is that this report is a big
goal, but in the interim, the Town Commission needs to be informed on items brought up during
Commission comments or Manager's report at a meeting.
After a lengthy discussion regarding the types of format for the requested updates on Town
projects, etc., Town Manager Ciummo asked for a workshop to discuss her idea for giving
reports to the Town Commission.
COMMISSIONER STARK MOVED, SECOND COMMISSIONER SMITH THAT A SPECIAL
MEETING BE HELD ON THURSDAY, JUNE 28, 2001 AT 5:30 P.M. TO REVIEW THE
LISTING OF STATUS OF ONGOING PROJECTS; DISCUSSION FOR THE PURPOSE OF
CLARIFICATION THE DUTIES AND RESPONSIBILITIES OF THE TOWN COMMISSION
AND TOWN MANAGER; AND, DISCUSSION AND POSSIBLE ACTION REGARDING
IMPROVING COMMUNICATION BETWEEN TOWN COMMISSION AND TOWN MANAGER.
VOTE: ALL AYES. MOTION CARRIED.
B. TOWN ATTORNEY
Town Attorney Gougelman reported that the Legislature amended the election's procedures for
the state of Florida and for the Year 2002, there will be no second party primary and the
Supervisor of Elections has sent letters to the municipalities advising that they must have
completed by September 6, 2002, their ballot questions. Town Attorney Gougelman reported that
the Supervisor of Elections has decided that he will be mailing out absentee ballots starting on
September 10, 2002 and this schedule is in conflict with several municipalities' qualifying
periods. Town Attorney Gougelman reported that the option the municipalities have is to keep
the qualifying schedule and allow the Town Clerk to run a separate election or the Town can
change the qualifying date schedule. Town Attorney Gougelman stated that our joint
recommendation to you is to change our qualifying date schedule to comply with the Supervisor
of Election's schedule and allow him to run the election. Town Attorney Gougelman stated that
in order to do this, as an exception to Florida law, the Town Commission can pass an ordinance
to change the qualifying period and requested permission to bring back a draft ordinance for
Commission review. The Town Commission directed Town Attorney Gougelman to bring back
a draft ordinance for review.
VI. TOWN COMMISSION ANNOUNCEMENTS, COMMENTS & REPORTS.
Commissioner Stacey reported that he has been looking over the Town disbursement checks as
discussed at a previous meeting and stated that he is having some problems as to the reason why
some checks are being made out. Commissioner Smith suggested to Commissioner Stacey that
if he has any questions, he can always ask the Town Clerk.
Commissioner Stark asked why the Citizen of the Year board has not been updated as it has been
almost two (2) months since the award.
Mayor Wille reported that he will be out of Town on July 18th, which is the regular Town
Commission meeting date and asked if the Town Commission could change the meeting date?
COMMISSIONER STACEY MOVED, SECOND COMMISSIONER SMITH TO CHANGE THE
REGULAR TOWN COMMISSION MEETING DATE FROM WEDNESDAY, JULY 18, 2001 TO
TUESDAY, JULY 24, 2001.
VOTE: ALL AYES. MOTION CARRIED.
COMMISSIONER STARK MOVED, SECOND COMMISSIONER STACEY THAT THE TOWN
COMMISSION'S POLICIES AND PROCEDURES MANUAL BE INCLUDED ON THE SPECIAL
MEETING AGENDA OF jUNE 28, 2001.
VOTE: ALL AYES. MOTION CARRIED.
IV. ADJOURNMENT
COMMISSIONER SMITH 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 10:58 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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