TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - Special Meeting
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THURSDAY
August 4 2005
6:30 p.m.
MASNY ROOM
The Town Commission of the Town of Melbourne Beach, Florida met in special session in the Cynthia Masny Room
of Town Hall, 507 Ocean Avenue, on Thursday, August 4, 2005 beginning at 6:30 p.m.
Present:
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Mayor Stacey
Vice Mayor Wilson
Commissioner Guglietta
Commissioner Price
Commissioner Walters
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Others Present:
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Town Manager W. D. Higginbotham
Town Clerk Patricia Burke
Municipal Accountant Jane Antonsen
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Mayor Stacey called the meeting to order and led the entire assembly in the Pledge of Allegiance to the Flag.
Commissioner Price asked the Town Manager if he had met with all of the department heads, compiled the information provided
to him, and if the document in front of them were his recommendations based upon that information? The town manager indicated
that the packet before the Commission was indeed that information.
Commissioner Walters indicated that he was displeased with the fact that the commission had not received the dates for the
special meetings, and public hearings ahead of time allowing each of them to check their schedules.
Commissioner Walters also indicated his displeasure regarding the fact that the budget packet presented to the Commission did
not contain a budget message. He reported that the Charter requires the budget message and that the changes made would be
specified in that message. Commissioner Walters proceeded to read the section of the Charter that spells out the requirements
for a budget message. Commissioner Walters went on to say that, the Commission has repeatedly asked that items not be
brought to them at the last minute. He continued saying that town policy was for each department head to provide and explanation
of each line item in their budget so that the Commission would have a clear understanding of where the funds were to be spent.
Mayor Stacey responded to Commissioner Walters stating that the department heads were available to answer questions. Commissioner
Walters repeated that he does not want information at the last minute. He continued stating that he wanted a budget message,
changes, capitol expenditures, debt service, and budget highlights and reports from each of the department heads.
Commissioner Price indicated that even though the procedures in the Code Book and Charter were followed in the past, they still
went through the budget line item by line item.
Commissioner Price felt that it was better to ask the questions of the department heads. Commissioner Price went on to add that
although there was a budget presentation in the past, it was based on inaccurate figures. Commissioner Walters agreed, saying
that that the Town now has correct information and there was ample time to allow for the procedures set out by the Code to be followed.
Mayor Stacey felt that this would be resolved by going through the budget line item by line item.
Commissioner Wilson stated that having the information in writing would be a benefit, but the department heads were present to
answer any questions.
Commissioner Guglietta indicated that he agreed with Commissioner Walters and asked why he had not given a "heads up" to
the Town Manager as to the requirements of a budget message. Commissioner Walters responded that he believed the budget
information would have been provided prior to the meeting.
Commissioner Guglietta directed the Town Manager to provide a budget statement to the Commissioners prior to the next meeting.
The Town Manager reported to the commission that he was aware of the requirements, he believed that because of the way the
budget process had been conducted in previous years this was the way in which the Commission wanted to approach it. He
said that the budget message would be included so that the residents would be able to understand what the Commissioners
are proposing for the next year. He believed that the Commission wanted to go over the details first.
Commissioner Price stated that the budget message could not be prepared in advance of the workshop. It would not make
sense until the budget is finalized.
The Mayor then asked the commission if they wanted to go through the budget line by line. The consensus was that they did.
Public Works
The proposed Public Works budget consists of $255,099.00 with the same staffing level
The line item for Health Insurance shows a 7-month increase at 15% effective March 1. The Town Managers suggestion is to
request proposals for 12 months commencing March 1, 2006, and for 19 months commencing March 1, 2006. If the 19 month
proposal were acceptable, it would be in line with the fiscal year renewals and would be easier to project for future years.
There is an increase in the line item for street repairs. The current budget is $15,000.00 and we are requesting $40,000.00 for
next year. This increase will cover dune crossing, and dune access. The Commission has already approved part of this, but
work cannot begin until after October 1, 2005 at the end of turtle nesting season.
Capitol outlay request is $10,000.00, which would include a Gator for $8,000.00, pressure washer for $1,500.00 and a weed
eater $800.00. The purchase of the Gator was approved last week and the funds would be taken out of this year's unexpended
funds, thereby reducing capitol outlay by $8,000.00. The funds for street repairs are $40,000.00 which is a $25,000.00 increase
over last year budget, $35,000.00 over the current years proposed expenditures.
The overtime budget was questioned as being too low as the Parks Board was very busy. The Town Manager indicated that
some of the overtime budget is provided in the Parks Board budget.
Vice Mayor Wilson asked the Town Manager how to go about adding a line item specifically for street/road repairs. The Town
Manager indicated that a water management plan, would require some road resurfacing to be completed. Vice Mayor Wilson
asked if there was a way the town could repair one street per year. The Town Manager said that this would be completed
based on which roads need to be resurfaced most. He explained that the roads need to be milled before resurfacing can
take place which adds to the cost.
Storm Drain Maintenance will come from the Storm Maintenance Fund. There is about $225,000.00 in that fund at this time,
which includes $75,000.00 from the utility fund and about $75,000.00 from St. Johns Water Management.
Commissioner Walters indicated that there was a current opening for a maintenance worker. His opinion was that a facilities
manager should be hired. He said that there was a person in line to be the next police officer. He also indicated that this
person was a licensed electrician, and a licensed mechanic. He has 2 homes, and is willing to become a code enforcement
officer and is also willing to go to school to become a building official if the town desired him to do so. Commissioner Walters
indicated that this individual will work for $35,000.00 to $37,000.00. He can lay concrete and is currently working on the Ryckman
House. Commissioner Walters recommend that rather than hire another maintenance worker, hire a facilities manager. Advertise
the position and see if there is someone better out there. He continued saying that the Town Manger should do the hiring and
create this new position so that the town will have a skilled person on the payroll.
Motion by Commissioner Walters that we direct the Town Manager to create the Department of Facilities Manager. To advertise
as required by our charter or our policies, for a skilled maintenance manager, list the skills, that he feels are necessary to have a
skilled "I call them handyman" but facilities manager, somebody skilled to do the kind of work that is required within the Town
Melbourne Beach at a salary not to exceed $40,000 and not to hire the second maintenance worker 2. Second by Vice Mayor Wilson.
Jean Marshall stated that she believes the salary was too high.
Commissioner Walters replied that although this individual could be hired by the police department at a salary of $28,000.00
or $29,000.00 he would have a career pension. If he is hired by the town he does not. He indicated that the choice was hiring
an unskilled worker for $20,000.00 or a skilled worker for $35,000.00 or $40,000.00. This individual was also willing to go to
school and become a building official.
Commissioner Price objected to any motion to hire an individual who had been interviewed by one member of the commission.
He also objected to sculpturing a job at a budget workshop to an individual who happens to be doing work at the Ryckman House.
Commissioner Price continued stating that he had a problem with the way this issue was presented and that he will vote against it.
Commissioner Walters responded by stating that the man was already offered a position as a meter maid. My motion was to
advertise the position to see if we can find someone better. He continued saying that the town needs an employee who is able
to take care of the facilities. He believed there was an opportunity to hire one. He continued stating that he believed this was
the place to have this discussion, as it is the town commission by charter that determines the number of employees in the town.
It is the town commission by charter, that decides if we are going to have any new positions and what those positions will be.
Commissioner Price stated that the town commission takes recommendations from the Town Manager. Commissioner Guglietta
asked if the Town Manager had offered this man a position with the town. The Town Manager replied that the had spoken to him
and told him that he presented a plan regarding parking meters, and if the commission agreed, then we would be looking at hiring
a person at about $25,000.00. He also told him that it was anticipated that the person hired would also be doing code enforcement.
The Town Manager made it clear that he would have to compete for the job. The Town Manager said that he did not actually offer
the position to him.
Commissioner Walters stated that this person lives on his street, but he does not know him socially, and has never been in his
home. He stated that he knows the quality of work that he does. He believes the Town should take this opportunity to get the
Ryckman house fixed, so the Town does not have to get bids.
The Mayor asked if the Town Manager agreed with the motion. The Town Manager responded that he would need time to review
the situation. Commissioner Guglietta stated that Commissioner Walters' idea was a good, but we need to get the manager to
do the research and have the manager give a recommendation.
Commissioner Guglietta directed the Town Manager to look into hiring a facilities manager and come back with a recommendation
and a job description with salary.
Commissioner Walters withdrew his motion. The second agreed.
Motion by Commission Walters that we direct the Town Manager to look into the possibility of creating a new position in the
Town of Melbourne Beach called Facilities Manager, a skilled position at a salary to be determined
Commissioner Price stated that he thought it was a good idea he just did not like the way it was presented. He felt that the
previous motion would by-pass the Town Manager having the ability to write the job description. That was the reason why he
objected to it.
The Town Clerk was asked to read back the new motion. She did so, and was then asked to read back the original motion.
The new motion was seconded by Commissioner Guglietta.
Commissioner Price stated that if there are going to be changes to the Public Works department, the Town Manager needs to
make his recommendations.
The Town Clerk was asked again to read back the motion and state who seconded it. She did so.
The motion carried unanimously.
Commissioner Guglietta recommended that the $8,000.00 for the gator be left in the budget although actually being taken from this
years budget and keep that line item at $10,000.00 and use $8,000.00 to repair the Ryckman house.
Commissioner Walters commented that there is $12,000.00 in the Public Works budget that cannot be used until the next budget
year because the building cannot take place until after turtle season. This money could be used now and then budgeted back for
next year.
Commissioner Guglietta stated that he wanted it specifically for the Ryckman House.
The Town Manager stated that the $8,000.00 for the Gator will cut into available funds for this year. There will be about $10,000.00
left over in street repairs this year, but will use $8,000.00 for street repairs. He said that if the Iceman's Ball was as successful as
last year, which raised $3000.00, you can use that for the Ryckman house.
Commissioner Guglietta said that he did not seen any funds budgeted for the Ryckman house.
The Mayor directed the Town Manager to dedicate a line item specifically for the Ryckman House and the Post Office. He asked
that it be placed in Cultural Recreation.
Vice Mayor Wilson stated that there was nothing budgeted for pier maintenance. The Public Works Superintendent stated that if
FEMA comes through and does what they are suppose to, there will be no need for any additional funds.
Commissioner Guglietta raised questions regarding the budget for gas and oil. His concern was that the figure be raised due to
the price of gas going steadily up. The Town Manager commented that the figure was based on usage.
Vice Mayor Wilson asked if the mowing of grass could be contracted out. The Town Manager indicated that he is already looking
into this possibility.
The next item discussed were revenues and expenditures. Ad Valorem taxes are based on 95% of the projected revenues from
Ad Valorem tax. This takes into account, the roll back rate plus 10% which is the $846,000.00. The revenues this year include
figures taken from the state which are projected to fall short $131,000.00 for the fiscal year. The Town Manager indicated that
$64,600.00 of that is due to law enforcement fines. This is a result of the distribution coming back to the Town from the Clerk
of Courts.
At the end of this fiscal year, it is anticipated that we will fall short $131,000.00 in revenues, not counting $8,000.00 for the Gator,
but, anticipating still coming in to the good of $40,997.00 this is due to the fact that there are thing we just did not spend money on.
General Government
Legislative budget - Mayor, Commission and Town Clerk
It is predicted that the legislative budget this year will exceed budget by $17,000.00 this is a direct result of the passing of the
previous town clerk and the payout of vacation, and sick time.
Capitol expenditures for $6000.00 includes $1000.00 for public speaker timer, $4000.00 for speaker recognition system, and
$1000.00 for a high-speed tape duplicator.
Vice Mayor Wilson indicated that the Interim Clerk questioned the necessity for 6 issues per year of the Beachcomber. The
budget indicates that we were to continue with this number of issues. The Town Clerk indicated that she was attempting to
have an issue published for November/December.
There was a question regarding Flood insurance and where it was budgeted. The Town Manager indicated that it was in
several places in the budget.
Commissioner Guglietta questioned the reduction in telephone service. The Town Manager indicated that this was for the
Mayor, Commission, and Town Clerk.
General Government - Executive Department - Town Manger and Deputy Town Clerk
The Town Manager indicated that this budget was largely unchanged for the current year. There were no increases requested.
Currently the amount budgeted is $128,700.00 and it is anticipated that we will spend $128,400.00. The budget for 2006 is
proposed at $131,511.00. He indicated that the rates for Workers Compensation are based on the figures from the previous
year, as the new figures have not been received.
Finance Department
Commissioner Walters commented that the retirement system for the employees is not adequate. He indicated that this has
been mentioned in the management letter from the auditors for several years, and that something should be done to remedy
this situation.
The Town Manager indicated that he and Jane Antonsen the accountant have been in discussion with ICMA to move our retirement
system into ICMA. The Town Manager said that he was uncomfortable with the current system because the Town Manager has
too much control over the investments. There is too much opportunity for unilateral decisions. The system currently in place for
the employees is to voluntarily contribute but we are currently looking for something the town would contribute to.
Commissioner Walters would like the Town to consider the State Retirement plan as well. This would allow any employee with
previous state experience to buy it back.
The Town Manager explained the staffing of the finance department stating that it consisted of the accountant and half time
person that works in finance and in the building department. Although she is budgeted in the finance department, she covers the
front window when the Deputy Clerk is not in or at lunch. She has the ability to write checks and process payroll.
Commissioner Walters felt that it was the fiduciary responsibility of the Town to put the auditing firm out to bid. The Town Manager
agreed. He indicated that the Town has the opportunity this year to go out for bid where in the past year we did not have that option.
Commissioner Guglietta indicated that he was pleased with the job the finance department was doing. Mayor Stacey also thanked
Jane for her hard work.
The line item for Legal Council was discussed at this time. The Town Manager explained that it is anticipating $20,000.00 this
year and projected $15,000.00 for next year. He indicated that there is an increase in legal advertising. As a result the Town
looked into using Hometown News, but there is state legislation which prohibits us from using a paper that does not have a
paid subscription.
Commissioner Price indicated that there were no projected funds for litigation expenses. The Town Manager stated that this
was based on conversation with the town attorney where he said there should not be any. The $15,000.00 budgeted is for the
town attorney and the special council for $2,000.00 would be for the labor attorney and code enforcement officer and $8,500.00
for legal notices.
Commissioner Price wanted to know where the legal expenses are being paid from for the Hamilton Case. The Town Manager
indicated that they were coming from the line item for the town attorney. He continued indicating that the Town would be getting
a 75% reimbursement for legal expenses from the League of Cities. The Town Manager is not sure if the town attorney's billing
is reimbursable. I would like the town attorney's time chargeable for specific jobs since he is a contract employee. This would
make them identifiable.
The Town Manager indicated that if it appears that we will have expenses carried over into next year we can use contingency or
we can fit it into the budget. Commissioner Price felt that the Commission should anticipate the possibility of some expenses.
It was recommended that $5,000.00 be placed in litigation expenses.
There was a 5 minute recess at this time.
Comprehensive Planning, Professional Services, Planning Services
Commissioner Guglietta stated that the Comprehensive Plan for the city needs to be updated.
Commissioner Walters agreed that this needs to be completed and that the Plan had been started but was not completed.
He stated that the plan that was started was a "mish mash" of all different things. It was his opinion that the Town should begin
with a basic comprehensive plan and if at a later date the Town wanted to add historical districts to do so.
Commissioner Guglietta felt that the only thing the Town needed to do was have a professional planning service look at what the
Town currently has and bring it up to date including any new codes.
The Town Manager indicated that at the Planning and Zoning meeting, there was discussion on how it should be resolved. He
indicated that we did not have to submit the EAR until March of 2008. The Town Manager asked Rochelle to attend the next
Planning and Zoning meeting. He continued stating that there is no need to start over, as there have not been many changes
in the Town. It was believed that Planning and Zoning will recommend that the Town continue from where it left off.
Commissioner Guglietta believes that the comprehensive plan is basically sound and simply needs to be updated.
Commissioner Walters agreed, but he felt it should be sent out to a professional planning service.
The Town Manager indicated that $7,500.00 has been set aside for the completion of this project.
The commission questions the role of Ed Washburn in the completion of the comprehensive plan. It was stated that Mr. Washburn
had doubled his fees and the Town Manager was in the process of investigating other options.
Commissioner Walters stated that he was waiting for an opinion from Mr. Washburn regarding the subdivision of parking lots.
Bruce Black asked the Commission if we could find someone to look for available grants for the Town. He indicated that there
was no funding for grant research in the budget.
There was a question regarding funding for building maintenance. The Town Manager responded that the building maintenance is
completed largely by the public works department.
Commissioner Walters asked who authorized the construction of the deck in the back of the fire department. The Town Manager
responded that the deck was completed with funding from the fire department and that the chief had discussed it with him.
The Mayor thanked the staff.
Motion by Commissioner Guglietta to adjourn the meeting. Seconded by Vice Mayor Wilson.
The motion carried unanimously
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WILLIAM G. STACEY, MAYOR
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PATRICIA J. BURKE, 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.
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.
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