Special Commission Meeting

Wednesday, September 1, 2005

 

MINUTES

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The Town Commission of the Town of Melbourne Beach, met in special session in the Masny Room, 507 Ocean Avenue, On Wednesday, September 1, 2005 beginning at 7:00. 

 

Present were  Vice Mayor Sandy Wilson, Commissioner Paul Guglietta, Commissioner Donnie Price, and Commissioner Steve Walters.  Also in attendance were:  Town Manger W.D. Higginbotham, Town Clerk Patricia Burke, Town Attorney Paul Gougelman, and Town Accountant Jane Antonsen

 

The meeting was called to order by Vice Mayor Wilson and was followed by the Pledge of Allegiance. 

 

Fritz Hess from the Breakers thanked everyone, the Commission, Town Manager and Police Chief for all their help from last Hurricane season.

 

The Town Clerk reminded the Commissioner that this was a special meeting and only those items on the agenda could be discussed. 

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PUBLIC HEARING

A.  Discussion and possible action regarding Mayor Stacey overstepping his authority.   

 

Commissioner Guglietta stated that since the Mayor was not at the meeting he wished to table the first item on the agenda to give the Mayor an opportunity to respond. 

 

Motion by Commissioner Guglietta to table Item A until September 7, 2005 meeting.  Second by Commissioner Price.  Motion carried unanimously.  

 

B.  Discuss inaccuracies presented at the August 24, 2005 Special Commission Meeting regarding the 2005 Legislative Travel Budget (as requested by Commissioner Guglietta)

 

Commissioner Guglietta stated that the public was told the travel budget was 30% over budgeted amount.  Without the final expense reports from the Mayor and Commissioners Guglietta, and Price from the League of Cities Conference the budget stood at $4160.00.  This did not exceed the budget amount of 4500.00.  He stated that as of this week, including the expense reports from Commissioner Guglietta and Mayor Stacey the budget will not be exceeded.  Commissioner Price has not submitted his expenses as yet. 

 

Commissioner Guglietta continued stating that he believed the facts were incorrect, and that he was accused of deliberately going over the budget.  He wanted to correct that inaccuracy and show that he objected to inaccurate information.    

 

 

Commissioner Price stated that the significance is more than a conflict between Commissioners.  He indicated that this was again a clear example of a Commissioner providing misinformation to sway the vote of the Commission and that this is one more example of this pattern of Commissioner Walters attempt to do so. 

 

Vice Mayor Wilson asked that the members of the commission be civil with one another. 

 

Commissioner Walters indicated that he did not agree with the above comments.  He proceeded to read an e-mail dated August 4, 2005 from him to the Town Clerk regarding travel budget where he asked that this item be placed on the Agenda for the next regular commission meeting agenda.  He believes the problems is that there is still a month to go in this fiscal year and there will still be expenses.  Commissioner Walters said that his figures were correct, and no one accused anyone of anything except breaking a promise to not go to the conference.

 

Commissioner Guglietta indicated that the tape was available in the office and if he was wrong he would publicly apologize.

 

C.  Discussion and possible action regarding reconsideration of employee pay raises.  (requested by Commissioner Guglietta) 

 

Motion made by Commissioner Walters to table this item.  The motion died for lack of a second.

 

Commissioner Guglietta began the discussion by pointing out that at the last meeting the commission talked about 2 options that were available to the commission.  First the option to give employees a cost of living adjustment of 2%  plus a merit increase on their anniversary date.

 

A point of order was called as there was no motion floor.

 

Motion made by Commissioner Guglietta to reconsider the employee pay raise that was voted on at the August 24, 2005 meeting.  Second by Commissioner Price.

 

The discussion continued with the Town Manager indicating that Commissioner Guglietta was not on the prevailing side so that he could not make the motion.  The Town Manager indicated that it was a 3 to 2 vote at the last meeting but Commissioner Guglietta stated that he voted yes at the August 24 meeting making it a 4 to 1 vote and he  was on the prevailing side and therefore can make the motion.

 

The motion was made and seconded. 

 

The motion that was passed at the August 24, 2005 meeting was a 5.5% merit raise on the employee anniversary date. 

 

 

According to the figures presented by Commissioner Guglietta the cost of giving the 2% COLA on October 1, 2005 and up to a 3.5% merit on the employee's anniversary date is   $27,232.00.  If the Commission were to go with what was voted on August 24, 2005 a merit raise of up to 5.5% on the employee anniversary date the cost would be $26,892.00.   These figures do not take into consideration the COLA and merit raise for Town Manager and Clerk and do not include any increase in pension or social security contributions by the town.  If the COLA for the Town Manager and the Town Clerk were included it would be an additional $1966.00.  I estimated that the merit promotion would be no more than 4% for the Town Manager and the Town Clerk.  The Commissioner stated the positive and negative attributes to each of the proposed plans.  Finishing by stating that by providing the employees with a 2% COLA and up to a 3.5% merit increase it would  mean a total of $418.00 increase over the plan approved by the Commission at the August 24, 2005 meeting.      

 

Commissioner Guglietta recommends that the Town budget for the maximum increase because historically employees have received the maximum increase whether they deserved it or not although he does not believe that this will occur under the current manager.   

 

Commissioner Walters stated that everyone has received their tax bill and that everyone will see a reduction, but they will also see what the reduction would be if the taxes were not raised 10%.  He stated that he had no problem with employees being paid a fair wage.  The Town Manager recommended a 2% COLA up to 3.5% merit on anniversary which would be $6,700.00.    What was decided by a 4 to 1 vote was to provide 5.5% on anniversary date. This was in order to eliminate the confusion with the COLA.  It is true that the employees did not get a merit increase last year but every employee got 2%.  The Commission made a decision and this Commission has a habit of “If you don't get your way keep bringing it up.”  I need accurate information to make a decision. 

 

Commissioner Walters read an e-mail dated August 26, 2005 written by the Town Manager and then read his response to that e-mail.   

 

Commissioner Walters stated that he hoped we can have another special meeting and get with Town Manager and figure this out.  He continued stating that he believed the Commission was not ready to go to a public hearing.  He stated that a salary plan will be coming back to the Commission in October, but that is too late.  Before we discuss this any further we need to meet with our manager to get total costs.  

 

Commissioner Price indicated we spent a long time trying to find a Town Manager and Police Chief.  The previous Town Manager use to receive 20 e-mails a week, he was afraid as he could not get his job done because he was responding to e-mails.  He did not have time to do the work of the town.  There is so much confusion caused by Commissioner Walters.  Took months to hire a good Town Manager and Police Chief and we are on the verge of loosing them. 

 

Vice Mayor Wilson indicated that he was not to let personal attacks take place. 

 

Commissioner Price stated that this behavior is destructive and it is causing a problem.

 

Recess 5 minutes

 

Vice Mayor Wilson stated that the Commission must talk to the items on the agenda. 

 

Commissioner Price indicated that misinformation given repeatedly to the Commission and that this type of destructive behavior might place the Town in the position to have to  replace the Town Manager and Police Chief.  Commissioner Price stated that all I am asking for is that they be given the opportunity to do their jobs.  I believe that there is an agenda to deny them the opportunity to do their jobs.  I cannot sit here closed mouthed while that agenda is played out.  It would be dishonorable on my part to do that since I have been elected to serve on this Commission.  I believe that our best interest is to protect our employees from constant assaults.  It is our job to set the policy.  The policy is to set the standard.  The Town Manager prepares the budget along with the staff and the Commission has every right to ask questions.  The Commissions responsibility is to approve that budget which is only a financial plan.  The budget puts restrictions on the Manager.   Our job as Commissioners is policy making.  There are many big issues that face this town, but before we can deal with these issues we must first stabilize our management so they can do the work they need to do.  That is not being allowed. 

 

Commissioner Guglietta stated that the point is that I have to rebut a couple of facts.   

 

Marty Remark – 707 Atlantic Street.  I missed last meeting when this was decided.  If you want input from residents you need to go ahead with COLA on October 1st and merit.  I see no reason not to.  It is a beginning .  I don't know what the recommendation was but you should do the COLA not only for moral but for finances and a set 2%.   

 

Commissioner Guglietta stated I'm going to get either 3.7% or 4% of my soc. sec. and military.  Commissioner Guglietta stated that  he prefers the COLA now and merit on the anniversary date.  Not just 5.5 on anniversary date. Commissioner Guglietta also stated that the math is correct.  Type-o were the mistakes I was talking about.

 

Ms. Remark states give the COLA in October.

 

Jim Simmions would like to do away with COLA companies do not do it in the real world.  I don't believe anyone deserves an automatic raise.  People deserve a raise based on their performance.  Looking at these salaries no one is getting rich that is a fact.  A 4% raise or a 2% raise for showing up to work is not real world.  All money should be taken out of COLA and put in annual raise. 

 

Commissioner Walters responded to Jim, stating that was what the majority of the  Commission said was up to 5.5% based on anniversary date. 

 

Jean Marshall can’t sum it up better than Jim.  I have never heard of someone on probation getting a raise.  You should do away with the COLA and go to the anniversary date.  It is up to the Town Manager to determine the rate of merit raises. The Commission needs to butt out of that.

 

Vice Mayor Wilson brought the discussion back to the Commission, reminding them of proper decorum.   

 

Commissioner Walters read what the Town Commission is charged with in accordance with the Town Charter.  

 

Commissioner Walters stated that he believes that he has a right to know that the figures are correct, and he believes that they are not.  I have nothing personal against the Town Manager, I don't want him to quit.  I think the Police Chief is doing a fine job, I am not trying to push anyone out.  All I request is that the rules and procedures are followed and you will have no problem from me. 

 

Commissioner Walters stated that he believed that any important decision should be made when Mayor Stacey is here.  I think I have the right to expect that the rules are followed.  He also indicated that there is another individual in the community that does not feel he was treated fairly in the hiring process.

 

Commissioner Guglietta read an e-mail dated August 11, 2005 regarding the number needed for a quorum. 

 

Commissioner Guglietta continued stating that there will only be a $418.00 difference.  They are all going to get 5.5%.  I think our Town Clerk deserves a 2% raise for what she has been going through in the last month she has been here.    Some did not get a merit pay raise last year.  Like Commissioner Wilson brought back the Hamilton house 9 or 10 times, I have the right to bring something back if I want to.  The public does not get to see the e-mails we get.

 

Vice Mayor Wilson stated that that is not a relevant comment.

 

Commissioner Guglietta stated that he had to defend his plan. 

 

Commissioner Price commented that the whole issue about Management vs. policy is a big issue in this town.  I like to read into the record one of the most recent missiles, there are ten if not hundreds of these missiles that come into the town.  Commissioner Price read e-mail from Commissioner Walters to the Town Manager.  He continued stating that the town office received 10 or 12 per week.

 

Vice Mayor Wilson commented that he voted the way he did at the August 24, 2005 meeting was because he was convinced it would save money, and make Jane’s job easier by not calculating raises two times per year.  The COLA is nothing more than a way of keeping people afloat.  Merit raises are based on an evaluation by the department head

and  given to the Town Manager.  The Town Manager bases the raise on that evaluation.  I still think if you are going to go on anniversary date you are going to hurt people.  When it was said that the town was going to save money, I did not think it was going to be by taking money out of the employee's pockets.  That was not my intent.  This will happen every year if is on their anniversary date.   Corporate life very competitive.  These are not ladder climbing jobs.  Let them just tread water.  If they are not doing there job get rid of them.  I have changed my look on this thing.  Do it early and put them at ease.  If a certain department goes union, we will spend 10 times that amount on legal fees alone.  I am probably going to change my stance on this thing.  I think it is in the best interest of the town.   

 

Commissioner Walter wishes clarify what the motion was. It is very important to get the words right.  It is important to know who gets what when.

 

Commissioner Price stated that he believed that 2% should go to everyone, even if you have been here 2 minutes.  The 3.5 merit increase will be worked out between manager and supervisors.  That 2% will not cover gas money. 

 

Commissioner Guglietta stated that he did not agree with the figures from the Town Manager. 

 

The Town Clerk read back the motion.

 

Commissioner Guglietta amended motion to include all employees including the Town Manager not to exceed 2% COLA on October 1, 2005 and up to 3.5% merit raise on the employees anniversary date.  Second by Commissioner Price.  The motion carried with Commissioner Walters voting no.

 

Commissioner Walters stated that the budgeted needed an additional $4500.00 so that the employees know that there is enough money in the budget to provide up to a 3.5% merit raise for all employees.  I also want to know how much the salary plan will cost the town. 

 

Action:  Town Manager to provide the figures for us for the next meeting and the cost of the salary plan. 

 

Commissioner Price stated that they don't have the time to pass a new pay plan.

 

D.  Ordinance 3-2005

 

Commissioner Price indicated that he was informed by the clerk that no action can be taken on this item at this meeting as it has been advertised for the September 7, 2005 meeting.   Commissioner Price read an e-mail from Susan Diederle.  This citizen is requesting a public hearing before the ballot language is advertised. 

 

At the last meeting we authorized the Charter amendment to go into the paper and then we agreed to have a public hearing.  People have complained and I agree that we should not have the public hearing after the ballot language has been submitted for advertising.   I don't think anyone on this commission believes that this issue should be on the ballot without going to the community. 

 

Town Clerk explained the dates for public hearings. 

 

There was a question regarding whether or not Dr. Lesser had provided the Town Office with the results from his survey.  The Clerk indicated that the office was not provided with that information only what was said at the Commission meeting were he discussed these results.  She indicated that some of the survey response were mailed to the town office and those are in the public record. 

 

Commissioner Walters stated that we are not putting the “Cart before the Horse” because we have been doing this for 2 years.  What we were trying to do is tweak the language so everyone can understand it. 

 

Commissioner Price stated that the law requires we have 2 public hearings.  Public hearings give citizens the opportunity for public input. 

 

Motion by Commissioner Guglietta to adjourn.  Second by Commissioner Price.  The motion carried unanimously.

 

 

 

                                                                                                                                               

                                                                                                William G. Stacey

                                                                                                Mayor

 

ATTEST:

 

 

                                                           

Patricia J. Burke, CMC

Town Clerk