TOWN OF
MINUTES
TOWN COMMISSION - REGULAR MEETING
Masny Room -
The Town Commission of the Town of Melbourne
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Present were Mayor
Mayor Stacey led the entire assembly in the invocation
and the Pledge of Allegiance to the Flag.
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Changes to the agenda
Commissioner Walters removed item IX - B from the Agenda.
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Approval of Minutes
Motion by Commissioner Price to approve the minutes from the
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Consent Agenda
Mayor Stacey read the items on the Consent Agenda.
A. Authorization to enter into Contract for Services with Jones Edmunds for HMGP 2005 Application Review (JEA Project No. 13190-002-01) and the Oak Street Pedway Corrective Action Plan (JEA Project NO. 13190-003-01)
B. Authorization to enter into an agreement with the Property Appraisers office with respect to the collection of non-advalorem taxes.
Motion by Commissioner Price to approve the Consent Agenda. Second by Commissioner Guglietta.
Vice Mayor Wilson stated that the former Town Engineering firm supervised the Pedway Project erroneously. He wanted to know if the new firm had checked into the issues concerning this project. Vice Mayor Wilson discussed the grant through SJWMD that was withheld. He wanted to be sure that someone other than the Town was responsible for payment to repair it. The Attorney commented on the agreement with Jones Edmunds regarding a provision that cannot be included in a contract with a municipality, and he asked the Commission to give him authorization to delete those provisions. He explained the provision regarding the Town indemnifying and holding the contractor harmless from any liability. He indicated that this cannot be done, it is unconstitutional. The Attorney read and explained the provision for limitation of liability. He indicated that if there is any controversy under the agreement the most the Town can collect is $10,000.00. He asked for authorization to delete paragraph 7, which is the indemnification provision; the remainder of the agreement was acceptable.
Commissioner Price amended his motion to approve the Consent Agenda with the authorization to the Attorney to delete paragraph 7 in the contract with Jones Edmunds. Second by Commissioner Guglietta. The motion carried unanimously.
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PRESENTATIONS BY SPECIAL GUESTS
A. Larry
Cody from Rotary International will discuss the Rotary Centennial Service Project the Melbourne
Larry Cody from Rotary International discussed the Rotary
Centennial Service Project and the Melbourne
Mr. Cody gave his presentation regarding the placement of a small section of railroad track by the pier and a small section of track at the ocean in the parking lot at the beach. He indicated that the Rotary will be responsible for all cost associated with this project.
Motion by Vice Mayor Wilson to approve the placement of a small section of railroad track at the pier and at the ocean. Second by Commissioner Guglietta.
Commissioner Walters wanted it understood that it was in conjunction with the Historical Board. Vice Mayor Wilson indicated that he was concerned about safety because it will be bumpy. Mr. Cody replied that they would look at safety when designing the project. Commissioner Guglietta asked if there would be an informational plaque or something explaining the significance. Mr. Cody replied that the Rotary would install a post with the historical information on the front and back. He said that he would work with the Historic Board to explain the historical significance. Commissioner Price requested that a copy of the design be provided before any construction takes place. Mayor Stacey thanked the Rotary for all the good work the group has done for the town.
The question was called. The motion carried unanimously.
Commissioner Walters stated that it is customary for the Town to present a parting gift for the Town Manager. Commissioner Walters asked if a plaque could be obtained. The Mayor asked the Clerk to take care of it by the next meeting.
B. Commissioner Walters will introduce his special
guest(s).
This item was removed from the Agenda.
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Non-scheduled Citizen
Comments
Alice Graham stated that for the past few meetings she felt like she was in Jr. High. She stated that this is not the place for personal animosities and that this behavior is bad for the image of the Town. She said that after a meeting, she e-mailed Mayor Stacey and asked that there be zero tolerance for personal attacks. She suggested that the Town focus on courtesy, civility, and a cohesive sense of community.
Commissioner Walters responded stating that he had videotaped the January 4 and the January 7 Commission Meetings and he stated that from the resident's perspective, it was terrible. He continued saying that he agreed with Mrs. Graham. Vice Mayor Wilson suggested that they add another C for courage.
Dean Darling
Multiple people began speaking at the same time. Mayor Stacey indicated that the clock was set for 3 minutes, but the he did not believe that attacking one-person right. He continued that this was the only time all members of the Commission are together.
A member of the audience said that if Mr. Darling has a problem with the Chief he should go to the Commission, but for him to come up every meeting with the same nonsense is getting on peoples nerves.
Mr. Darling continued stating that he filed a complaint
dated
A member of the audience stated that if he had charges he should go to the State Attorney. The Mayor responded that he did not like to be rude, but this was not the forum for this.
Again, multiple people began speaking at the same time.
Mr. Darling stated that if he was allowed to continue it was within his three minutes.
At this time, Mayor Stacey thanked Mr. Darling and told him to write a letter and he would respond. Mr. Darling stated that it was not fair. He stated that he gets to address his Council at a public meeting, and that was what he was going to do. Commissioner Price stated that he had his three minutes. Mr. Darling responded that he had not and that he should be allowed to continue.
The Mayor asked the
At this time, the Mayor stated that the Attorney advised that he be allowed one more minute and asked the Clerk to start the clock.
Mr. Darling continued reading, "He asked my husband and me if we had seen a man named Dean Darling, he showed us a picture of Mr. Darling and we both stated that we had never seen the man before. He told us that Dean had mental issues and that he might try to cause us harm. We also sat down together for me to write a letter in reference to Dean Darling, he told me to write he was a police officer, which he never told me he was a police officer. David was making implications to that effect. I was confused and uncomfortable with his presence and just wrote whatever he told me in order for him to leave." Mr. Darling said that he would provide the letters to the Town.
He continued saying that at the last formal meeting, he discussed an issue regarding unfunded liabilities and that he supplied the Town a Wall Street Journal article itemizing what the Town is formally going to have to disclose that next year. He made a request to the Commission that they take it upon themselves to start to report the unfunded liability. He said that he had hoped at this meeting, there would be an item on the agenda discussing changes in the policy to conform to the financial requirements that would be in place at the end of 2006. He stated that he was sorry he did not see it on the agenda. He felt it was obvious that the Commission listened to the request, took the information and choose to remain silent. He requested again that the Commission address the issue and if they wish not to be in compliance until it is required, the Commission needs to make the town aware.
Commissioner Walters stated that he did not get a copy of the article.
The Mayor asked the Clerk to get a copy of the article to the Commission and to have Jane look into the matter.
Mr. Shaw indicated that he felt there needs to be a full understanding of the requirements.
Commissioner Price commented that there are many issues that come up and have not been given the attention they should be given because of a small staff. He also felt the Town could not be working on something like that when the Town cannot hire a Town Manger to handle the day-to-day matters. He felt that there needed to be a Manager in place before they could deal with this. He continued saying that there are on-going issues and projects that the Town Manager has day-to-day direct involvement in and that is all gone. He felt that in order to stabilize the Town the Commission is going to have to put someone in that position, and that is the most urgent thing facing the Commission now.
Commissioner Walters replied that The Town pays the auditors
to be sure that we are kept up to date. He
expects that if this is something that will affect the Town of Melbourne
Mayor Stacey replied to Mr. Shaw saying he appreciated his feelings about the Clerk and the Chief and that he always expresses his thanks for the good work they do.
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Boards and Committees
History preservation and Awareness Board member Marty Remark stated that she sent the Commission a note thanking them for giving the money to move the post office. She stated that she talked with the committee about looking at two other sites. She continued stating that the feeling from the town staff was the expense to reroute city water and electrical lines to place the post office next to the Ryckman house would be outrageous.
The other suggested location was where it was originally, next to the pier. They found out there are gas, electrical, and water lines in that location, so putting a slab there would not be wise either. The committee will continue to keep the Commission up to date on the situation.
She also asked about displaying the history of the Town during the Founders Day celebration. She wanted to know who to check with regarding this issue. The Commission responded that she must talk with the Parks Board.
Marty commented that many historic signs and memorabilia in the Town have disappeared. She asked if the Board could place a request in the Newsletter asking for their return. Commissioner Walters asked where they were. Mrs. Remark replied that she did not know. Mr. Frank Thomas responded that he knew. Mayor Stacey asked Mr. Thomas to let the Commission know where they were. Vice Mayor Wilson, asked Mr. Thomas where they were, and Mr. Thomas replied that it was a secret.
Commissioner Price made a request to anyone who has the artifacts to return them to the Town.
Commissioner Walters commented that the current Commission and previous Commissions have asked for the return of memorabilia and artifacts. Commissioner Guglietta commented that people have commented on how nice it is to read about the Town, and that he appreciates what the committee does. Commissioner Walters commented that Vice Mayor Wilson is quite an accomplished artist, and it might be nice to find someone to volunteer to have a scene from our past painted on the backside of the bulletin board so that people coming into town can see its history.
Marty mentioned the kiosk that is by the piling that was delivered to Town by mistake has nothing on it. The Committee is in the process of creating a walking history map and the plan to place the map on that piling.
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Public Hearing
Resolution 2006-01
Commissioner Price read Resolution 2006-01 the Title of which is:
A RESOLUTION OF THE TONW OF
LEGISLATIVE SESSION.
Motion by Commissioner Guglietta to approve Resolution 2006-01 as read. Second by Commissioner Price. Motion carried unanimously.
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New Business
A. Discussion
and possible action regarding a survey for former employees as requested by
Commissioner
Guglietta.
Commissioner Guglietta stated that everyone had a copy of
the letter he wrote for backup material.
He stated that the reason he brought this up was that at the December 21
Commission meeting there were accusations as to why employees are leaving. He continued stating that there was no
feedback in the employee's files. He
indicated that he thought there was an exit interview form that was suppose to
be filled out. He wanted to know why the
Town is unable to keep good employees. In order to find out how a business can keep
good people, they are asked why they are leaving. People leave there jobs for many reasons,
they leave for more money, the leave because they are not getting training,
people leave because the do not like the working environment. There are a number of reasons besides the
allegations that are flying around. He stated that the Town has had a 100% turn
over. He wanted to know what he can do
as a Commissioner to get good service and keep good people working in
Motion by Commissioner Price to authorize a post former employee survey as suggested by Commissioner Guglietta. Second by Vice Mayor Wilson for discussion.
Vice Mayor Wilson commented that it is not the Commissions position to interfere with what the Town Manager does. If you want to hire a professional survey group, it is an expensive process. It would not benefit any employee to write anything bad about a place of employment. If the Town is going to do a survey, they should hire a firm to do it. He believes that the Town has no business calling anyone, and that it needs to be done professionally.
Commissioner Price commented that he saw it as a survey, the value of which is to be determined. Vice Mayor Wilson replied that there needs to be a professional to do it.
Commissioner Walters stated he agrees with Commissioner Guglietta about a survey, and that he agreed with it eight and one half years ago when the Town said here is what you will do, in Section 18.09 Exit Interview of the Policy and Procedures Manual.
Commissioner Walters continued saying that the reasons why they cannot find these in the personnel files, is that it was not intended to be in the personnel files. It was given to the Town Manager to be retained. He continued stating that he believed they were in the Town Managers office and he recommends that anyone who wants should pull the exit interviews to find out why employees left.
Commissioner Walters felt that there were too many other things that needed immediate attention, and the survey would take up too much time. He continued saying that about 25% of former employees what want their jobs back. He said he looked at the suggested former employee survey and there are questions on it that felt he could not answer. He stated that people quit their jobs for many reasons, and he has faith in our management to get the exit interviews completed. Commissioner Price commented that we do not have a manager at this point.
Mayor Stacey indicated that he was going to vote against this because it will bring additional work to our Clerk and other staff.
Commissioner Guglietta stated that there was no motion to be made, that he just made a suggestion. He said that he has heard what the board had to say. He wanted to see if the Commission could the Manager.
Commissioner Price withdraw motion, and the second agreed.
Commissioner Guglietta commented that he is trying to figure out what the Commission can do best for this community, as there is no continuity.
Commissioner Walters said that if the Manager or the Chief felt there were excessive turnover they would have notified us. Only by rumor and innuendo is there a problem. If there is a problem, we should address it.
Mayor Stacey replied that there has already been one interview session, and there are two more applicants to look at. The Mayor stated that he felt that when they are interviewing all Commission members should be present. It is a very important decision.
Commissioner Walters stated that on the agenda there is an item for discussion and possible action on appointing an interim town manager. There are two members of the Commission that work full time and it is sometimes hard to get everyone together.
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Reports
Town Attorney - had no report.
Town Manager - Mayor Stacey thanked Jane for stepping
in. He continued stating that WD made a wise decision in appointing her, and
as soon as we can get someone in she will be relieved of her duties. The Mayor thanked Jane,
Commission - Vice Mayor Wilson reported that as WD was leaving he stated that the Town should look into the Range Rider Program. He stated that he contacted them and that the program will provide someone to come in and take over. He presented a resume for a man named Howard Tipton. He said that he will come on Saturday to explain how the Range Rider Program works. He said that at no charge, the Range Riders will provide an advisory service to determine who to hire as your manager. This is a non-political appointment and will be done in a professional manner. The Towns record of accomplishment for hiring a manager has not been that good.
He suggested that we have Mr. Tipton come on Saturday for the second interview session. He asked for a consensus of the Commission. The full Commission agreed to Mr. Tipton attending Saturday's interview session.
Commissioner Price had no report.
Commissioner Guglietta had no report, but he was looking
into the holding of dual offices and how we handled the last time we had an
interim town manger. He stated that when
Cindy took over she resigned her position as clerk and took over as
manager. He said that he did not
understand why they were having such a problem.
He stated that he began researching dual office holding and what that
meant. He indicated that he talked with
Jerry Hammond at the Attorney Generals Office who explained what it meant. Commission Guglietta asked the
Commissioner Guglietta stated that Ms. Hammond also told him
that the Manager was an officer of the Town in some instances and an employee
in others. This is the same with the
Chief of Police. He continued, discussing
the
The
Commissioner Guglietta stated that the women at the Attorney
Generals Office would not give an opinion on it. She said to talk with the
Vice Mayor Wilson asked if it was different for law enforcement personnel. The Attorney responded that you must look at each position that the individual is holding and whether or not in the exercise of their duties and responsibilities, they are exercising any sovereign power.
Commissioner Walters commented that if he were to accept a police chief's position or a police officers position anywhere in the county he would be off the Commission, because he would have powers of arrest. That is the distinction, and you certainly cannot be a police officer in two places at the same time. He indicated that the situation with Cindy was not an issue because she resigned as Town Clerk, took over as Manager, and when a Manger was hired she was re-hired as Clerk.
Mayor Stacey commented that for the last year or year and a half, if the Town Manager took time off the Chief would hold the fort down. He always thought that David did an outstanding job. He said that he talked with WD and said that he thought David would do a good job in his absence. Later, WD came to my house and discussed this issue again and we both agreed that David would take over the position as interim. The next morning, the Town Manager called and he suggested that he would like to change and to appoint Jane, allowing David to worry about police duties. Jane was appointed as acting Town Manager. This was not something that just popped out of the air it was carefully thought through
Commissioner Guglietta asked if the Mayor and WD decided to
appoint Jane as acting Town Manger. He
continued stating that he thinks the Charter says in the temporary absence, the
Manager picks the acting manger. He
feels that this is not a temporary absence as WD is not coming back and he feels
that this Commission should have appointed an interim Town Manager before he
left. He said that there was a meeting
scheduled, and one of the Commissioners could not make it. Everyone took time off to be sure that we
could interview those people. He said
that he received a call at
Commissioner Walters stated that he disagreed. Mayor Stacey commented that this is a very serious thing, and we should be sure that all Commissioners are on board to hire the Interim Town Manager. Commissioner Price commented that he felt the point is well taken. He too was surprised when the meeting was cancelled, as he had arranged to be there. He believed that it should have gone forward, but it got cancelled. He said that he could not think of anything more important than appointing a Manger before WD left, so that even if he were able to spend two days with WD they would have been two days well spent.
Mayor Stacey stated that the felt is was important for all Commissioners to be there.
Commissioner Walters commented that he thinks the Vice Mayor said it best when he said that we have not done a good job picking a Manger. What he finds strange is that the Manager gave the Commission a months notice and nobody said anything for the first two weeks. The Commission will probably be able to make a decision this Saturday. WD is right up the street, and is the type of man that will come and help if we need it. The Town had survived over 100 years without a Town Manager and look at this place. We have only had a manager for 20 years and we have had six or eight of them. This Town will survive without any of us.
Commissioner Price said that it is not true that no one said a word. He said that he was insistent that the Commission do something to get a Manager. It took two weeks to schedule interviews.
Commissioner Guglietta commented that if Vice Mayor Wilson asked the Commission if the meeting could wait a day or two, he did not think that anyone on the Commission would have objected. He felt that nobody has the right, on his own, to cancel a meeting when you have a quorum. This is not a strong Mayor form of government. Vice Mayor Wilson asked the other day, if the Town had penalties when people do not obey the Charter. Where does it say that the Mayor can tell the Town Clerk to call the rest of the Commissioners because one Commissioner cannot make the meeting.
Commissioner Walters replied that the meeting was set by consensus, it was not set by the Commission. It was set by the Clerk who called us individually and asked if we could make this date and time. Commissioner Price commented that the Commission gave her instructions to do that. Commissioner Walters continued saying that she called a couple of days in advance and set the meeting. Then he got a call from the Clerk asking if he wanted to cancel the meeting because one Commissioner could not make it and I said to reschedule it for when everybody can be there, and the Mayor agreed. It was set by the Clerk, and cancelled by the Clerk. Commissioner Price commented that the Clerk cancelled the meeting at the instruction of the Mayor.
Commissioner Guglietta asked the Clerk who asked her to call the Commissioners and find out if we could have a meeting. The Clerk responded that the Mayor called and he said that he felt that all five Commissioners should be there to interview the candidates and could I please call the rest of the Commission and find out if they would have a problem canceling the meeting.
Commissioner Price said that he remembered that the Commission was polled as to what days they could make it.
The discussion continued regarding the cancellation of the meeting. Mayor Stacey commented that he made a bad decision and that he was sorry for it.
Motion by Commissioner Walters to adjourn
Commissioner Guglietta asked what we should do if we want to
cancel a meeting. He continued, asking
that if they wanted to cancel a meeting should they come together, if we do not
have a quorum open the meeting and adjourn it because we do not have a
quorum. The
Mayor Stacey adjourned the meeting.
William G. Stacey
Mayor
ATTEST:
Town Clerk