SNEADS TOWN COUNCIL REGULAR MEETING AUGUST 10, 2021  The Town Council of the Town of Sneads, Florida met in a regular session at the Sneads Town Hall on  Tuesday, August 10, 2021 at 6:00 p.m.  President Mike Weeks called the meeting to order with the following present:  Mike Weeks, Donovan Weeks, George Alexander, Angela Locke and Anthony Money, Council Members  Daniel Cox, Attorney Lee Garner, Town Manager Mike Miller, Police Chief Sherri B. Griffin, City Clerk And thei following were absent:  Danielle Guy, Deputy Clerk All stood for Pledge of Allegiance.  Donovan Weeks made a motion to approve the. July, 2021 minutes as presented. Angie Locke seconded. Sherri Griffin, City Clerk presented the Financial Statements and Budget Review Summary. (See Attached) Donovan Weeks made a motion to accept them as presented. Antony Money seconded. All George Alexander made a motion to pay all approved bills. Angie Locke seconded. All voted aye. Chris. Johnson of Grimsley & Associates came before the Council to present the 2019-2020 Fiscal Year Audit. In presenting the Audit Mr. Johnson thanked the City Hall Stafff for their assistance, told the Council the Town had a clean audit with the only finding being an actuarial study of unfunded liability forr retiree benefits has not been done toi implement GASB 75, but that the Clerk is working on obtaining the Study from the League of Cities. The Town is in a healthy financial position, but he cautioned council that to continue with positive balances, a good look at utility rates is required as things break and must be repaired, and all costs keepi increasing eachy year. Mr. Johnson told the Council that they may want to look into refinancing the current bond issues they have for a loweri interest rate. After presentation ofaudit, Donovan Weeks made a motion to accept Audit as presented. George Alexander seconded. All Mr. Brent Melvin ofMelvin Engineers made a presentation to council covering several topics. First was update on grant the Town received in 2020 to make a study of utility line extensions in and out of the town limits. This grant allowed a study to be made for the water/sewer system to be extended to I-10, extend sewer north on River Road and other areas of the town where iti is not  All voted aye.  voted aye.  voted aye.    Regular Meeting August 10, 2021 Page 2  available, and explore possibility of extension of natural gas to the residents of Sneads. Mr. Melvin presented preliminary copies ofs studies and maps used sO fari in this process and responded to several questions from members of council and from our Facebook audience. He further detailed the opportunity to apply for additional CDBG-CR funding being made available to those locations where Hurricane Michael visited, and informed the council that work had already begun by his firm, working with the Town Manager, to seek funding for resurfacing all the streets ini the town that would not be re-done as part of the stormwater grant that has been approved and the town is waiting for the agreement sO work can start. He pledged to provide all Attorney Cox updated the Council on1 the amount of work that was required to update our town charter and code of ordinances. He stated we would need to appoint a Charter Review Committee to coordinate with staff on needed changes in the charter and have it ready for the general election to be voted on in November 2022. As for the ordinances, he asked for and received permission for the Town Manager, Town Clerk and Deputy Clerk, along with him to work on code changes and bring them to the council with recommendations as time permits. Town Manager was asked to advertise for interested residents to volunteer to be on the Charter Town Manger, Lee Garner stated we needed to set budget work sessions to discuss next years budget and suggested Tuesday August 24th and August 315t, at 5:30 PM. Council agreed. Sherri Griffin asked Council ifthey could change the next Regular Meeting to September 15, 2021 at 5:01 p.m. sO that the first budget hearing could also be included and won'tinterfere with the School Board or County Commissioners hearing dates. Donovan Weeks made a motion to move Regular Meeting to September 15, 2021 at 5:01. George Alexander seconded. All voted Resolution No. 21-5 was read by title "Aresolution oft the Town Council oft the Town of Sneads, Florida declaring real property owned by the town to be surplus and authorizing the conveyance ofthe property to the adjoining landowner". Council President Weeks asked for ai motion to approve this resolution. Motion was made by Councilman Donovan Weeks. There was no second Mr. Garner presented his Town Manger Reports as follows: (See Attached) Mr. Garner started his report with an update to council and the public regarding the problems being encountered with FEMA regarding the new lights at the sports complex and repair/replacement ofLift Station No. 4. He stated that FEMA wanted to repair the lights and the lift station, but due to the nature ofthe damage to both, we: feel they need replacing and have documentation that has been forwarded to FEMA and the State FDEM to justify both. He wanted to quell the rumors going around that the Town was not attempting to get both completed. We have appealed the original decisions and are waiting on response. Town Manager then thanked the members oft the newly  the support possible by his firm to the town.  Review Committee.  aye.  to the motion, sO the action died for lack ofas second to the motion.    Regular Meeting August 10, 2021 Page3 3  formed Sneads Recreation Board for their efforts in getting our department back up to where it was a few years ago and promised his and the Town' 's support in that effort and urged parents and residents to volunteer for the betterment of our children. He also reported that the repairs to the pivot system at the WWTP was complete and in operation, and that nearly all the work at the WWTP had been completed. He further reported on recent inspection by Corps of] Engineers at Sneads Park where a few violations oft the agreement were out ofcompliance and that action is underway to correct these deficiencies. Made ai few comments regarding upcoming budget and the lack ofs some numbers from the state to complete a draft of the budget and reminded council that we needed to have an open mind regarding the increase ini minimum wage to $15.00 per hour soon. Mr. Garner also stated that an Architect familiar with) historical buildings has inspected the log cabin for outside damages and upon receipt ofhis recommendations, actions as authorized by the National Historic Register would be undertaken to make needed repairs and updates. He: further stated he would seek grant funding for this project. He further reported that he was waiting on space requirement from the Police and Fire Chief before proceeding any further on aj possible new Public Safety Complex on property owned by the Town. Town Manager furtherinformed council and the public that the town would follow guidelines of Jackson County regarding the current COVID problems, and that he had included in his written report a report from our Town Insurance carrier regarding the law ofrequiring employees to be vaccinated and administrative leave authorized for their information. Mr. Garner also stated he had authorized the local chapter of Society of] Decorative Painters to use the log cabin the third Wednesday of each month to conduct painting classes and instruction from 9 to 3 PM, and the classes are open to the public and anyone interested inj paint classes should avail themselves to Council Member Remarks - Council President Weeks thanked the new Sneads Recreation Board for their service and pledged the support of the Town in their endeavors. He further asked the Town Manager toj put added effort to getting Cemetery Street repaired as funeral processions use that street and it is in extremely poor condition. He further asked the Town Manager to see if we can get any assistance from the County to assist with cleanout of some of the ditches in town to assist with the flow of water. Councilman Money also thanked the Recreation Board for their efforts and stated the Town would assist every way possible. He further reminded everyone to come out for the workday to be held on Saturday, August 215a and bring tools to work with.  the opportunity.  Motion to adjourn by Anthony Money at 7:37 p.m.  Respectfully Submitted,  APPROVED:  Sherri B. Griffin, City Clerk  MIKE WEEKS, COUNCILPRESIDENT    Regular Meeting AUGUST 10, 2021  Budget Summary  GENERALFUND CARES. Act Funds) GASTAX  JULY-Revenues are 40% above budgeted amount. (Hurricane Relief Funds & Expenditures are 19% above budgeted amount. (CARES Act Purchases)  JULY-Gas' Tax County is 5.30% above budgeted amount. Local Option Gas Tax is  is less than 1% above budgeted amount. Expenditures are 31.30% below budgeted amount.  SOLID WASTE  JULY-Garbage revenues are 7.30% above budgeted amount. Expenditures are 1.00% below budgeted amount.  WATER & SEWER  JULY-Sewer Special is 16.30% below budgeted amount and ACI Sewer is less than 1% above budgeted amount.. Water Sales and Sewer Sales are above budgeted amount.  Total Expenditures are 4.50% above budgeted amount.  RECREATION FUND JULY-No activity    Town of Sneads PO Drawer 159 Sneads, Florida 32460  PH (850)593-6636 Fax (850)593-5079 Email: Sneadsmgr@sneadsfl.com  August 6, 2021  MEMOTO: Council President and Council Members SUBJECT: Town Manager's Report for Council - August 2021  1. First, I wanted to let you know that the new Parks and Recreation Committee is off and running on all cylinders. It tasked Wendi Lewis to lead the team and from what I can tell they are doing an excellent job SO far. We now have the registration for sports program online, where people can register and pay, and after a couple of glitches, it appears to be working fine. This is the same program that the City of Marianna utilizes with its programs. The cost for it was $300.00. We have hired a full-time employee for the Recreation Department to take care oft the fields and things are looking much better in the brief time hel has been on board. AllIa ask is for the public to give usa chance to get everything done. Ia am checking on the lights and concession stand with our 2. The pivot project is nearly complete at the spray field, and everything appears to be working ok. The WWTP project is scheduled for completion around the 20th ofAugust. We will be looking at a plan to demolish one of the old buildings as you come in the gate and renovate the other one. 3. We had an inspection by the Corps of] Engineers at Sneads Park recently and we are required to make repairs to the old swimming area where the erosion is SO bad, along with mend a few sections of fence and replace ai few signs. We are working with the county to assist with dirt to fill inj portions of the eroded area, then will put broken up concrete on it to try toj prevent the erosion. 4. Have started working on next years budget and hopefully we can have a couple of work sessions later in August to discuss. We need to do pay increases to help us come in compliance with the $15.00 minimum wage coming up and keep us from being a training unit for other police departments. Due to not having inmates, we need to hire a couple of employees in the Maintenance Department to assist with duties and support the WWTP. It sure would be great if we could get the inmates again. Also, it will be imperative that we do rate increases as you will hear from the Auditor. Things just keep going up, our. health insurance is increasing at least 6%, and our liability will probably have as substantial increase once we get the renewal quotes. Fuel and equipment costs continue to increase, and it has been a few years since the Town incorporated any rate increases. We need to have adequate income to continue with services we provide. Would like to schedule budget work sessions for Tuesday, August 24th and Tuesday, August 315at 6 PM. 5. Had an Architect familiar with buildings on the Historical Record tol look at problems with logs on the back and front of the Log Cabin, to determine damage and provide us with a plan to make repairs. Hopefully, we can get a grant to assist with that when we get the report back. He took a look at the entire facility and will make al list ofa all things that need touch up or repair.  consultant and will have more details hopefully at council meeting.  Waiting for proposals from contractor now: for consideration.  Please check your calendars.    6. Waiting on the Fire Chiefto present me with a space: needs drawing for the Fire Department, sO we can have a meeting to discuss the future for Public Safety facility. The Police Chiefisa also 7. Had a good meeting with Mark Albright, IParametrics, our Hurricane Michael Consultants, yesterday to discuss status ofall our FEMA: and Insurance projects, to get a better feel where we are financially and what we can expect ini the upcoming budget year. He will provide the Town with an updated recap ofall projects and revenue/expenditures in a few days for budget planning purposes and future planning. The main problem with lights at the ball field is that FEMA recommended repairs, but ai further study revealed that is not feasible, and using the study we got from MUSCO, we are fighting with FEMA to replace them, not a repair. We will push on this as 8. Asall ofs you know, COVID is raising its head again, and we do not know what the future will bring, but the Town will follow guidelines of] Jackson County regarding any closures or  working on his space needs plan.  much as we can but dealing with) FEMA takes time and perseverance.  restrictions.  9. Working with Melvin Engineer's toj prepare a CDBG-DR grant for the resurfacing of all our streets that will not be re-done as part ofour flood prevention grant, we already have and are waiting for the agreement sO we can start that project. You will hear more about this at council meeting. We do have agreements approved for installation ofr new backup generators for both wells and Town Hall, and the one for the Police Department should be here in a few days. The ones for the lift stations are going through the approval process and we: should have them before the end of the month, SO 10.Iwill complete one year as Town Manager on. August 20th and have really enjoyed my time here and look forward to several more years. We have accomplished a lot this past year and more on the  we can have backup power at all our facilities.  horizon.  EEMON LEE'GARNER BIRSR TOWN MANAGER  CC: Town Clerk, Deputy Clerk, Town Attorney    Ron DeSantis GOVERNOR  Dane Eagle SECRETARY  DEC FLORIDA DEPARTMENTH ECONOMIC OPPORTUNITY  August 4, 2021  Lee Garner Town ofs Sneads 2028 Third Avenue Sneads, FL 32460  RE: Notice of Intent to Award--Rebuild Florida Hometown Revitalization Program; Old Sneads  Revitalization Project Dear Lee Garner,  The Florida Department of Economic Opportunity (DEO) is pleased to inform you that your project has been selected to receive Community Development Block Grant-Disaster Recovery (CDBG-DR) funds based on the Old Sneads Revitalization Project application submitted for the Rebuild Florida Hurricane Michael Hometown Revitalization Program. We would like to thank the Town of Sneads for participating in the application process. Please see below for specific information regarding the  Town of Sneads's CDBG-DR project selection:  Award Amount: Upt to $951,762.00  In the nextfewv weeks, someone from my team will contact you to continue the grant process. Receiptof CDBG-DR funds is contingent upon entering into a subrecipient agreement with DEO. DEO will reach out to your staff during the development of an acceptable scope of work and budget for the subrecipient agreement. Once those are developed, DEO will send the subrecipient agreement for review. DEOlooks forwardi to partnering withthe TownofSneads to servel Floridians in supporting itsrevitalization needs. If you have any questions or need further information, please contact Ashley Napier, Program  Manager, at (850)921-3254 or email ashley.mapier@deo.myforida.com.  Sincerely,  IE Drew Winters, Director Office ofl Long-Term Resiliency  Florida Department of Economic Opportunity Caldwel! Building I 107 E. Madison Street Tallahassee, FL 32399 An equal opportunity employer/program. Auxiliary aids and service are available upon request toi individuals with disabilities. All voice telephone numbers on this document may! be reached by persons using TTY/TTD equipment via  850.245.7105 www. FloridaJobs.org wwwabwter.omFLDEO, WwwBCAOKCOMFIDEO the Florida Relay Service at 711.    Sneads High XC Home Meet Course Adam Tucker Park  Sepbl0g/  Map  Parking  Adamucker WilsonPark  Starting line is near the bathrooms. Bus Parking is the large, gravel parking lot  Course is 2 laps; Course is marked by flags and will have course, guides Teams may stage their tents on the concrete slab neart the parking lot or outside the fence behind right field of the AA ball field near thet finish line            Town of Sneads PO Drawer 159 Sneads, Florida 32460  PH (850) 593-6636 Fax (850)593-5079 Email: Sneadsmgresnedil.com  August 10, 2021  MEMOT TO: Council President and Council Members SUBJECT: Town Manager's Report No. 2 August 2021  1. Iam attaching an email with attachments from Florida Municipal Insurance Trust (FMIT) regarding COVID vaccinations and the law for your review and information. Ihave asked the Town Attorney to be able to update you on this tonight ift there are any questions. 2. We are still fighting with FEMA over the repair/replacement ofLift Station No. 4 located on road tol Interstate 10.Ihave attached our latest correspondence that will reflect we have done everything in our power to get it replaced, but we are still in limbo at the present time. We will continue to fight this, and I want to thank our consultants for their perseverance on this project. FEMA still thinks it should be repaired, but we all know it is not feasible, sO the fight and appeals will continue. Ialso want to thank David Melvin's firm for their continued assistance. Will keep 3. We are also going through this same process with FEMA regarding the replacement of lights at the sports complex. See the latest update from our lightening consultant MUSCO. FEMA want us to repair the lights, not replace them and we continue toj provide them documentation that repair is not feasible nor safe with the damage to the underground wiring and wood poles. This is high on our priority list, and we will continue to pursue. Ifanyone asks you about temporary lights, due to the damage seen and unseen, it is not feasible or safe to do. Iknow there are many rumors circulating around Town that the Town is not doing anything regarding the lights, but that is 4. The local chapter of the Society of Decorative Painters, a 501c (6) non-profit organization under the umbrella of the National Society of Decorative Painters, open to anyone who desires to learn how to paint, needs a place to meet once a month during the day on the 3rd Wednesday. They have their own insurance and before the hurricane, they met at the resort clubhouse in Chattahoochee for several years. Since the clubhouse is no longer available to them, they have requested, and I have approved for them to use the Log Cabin. Ifany of youl know anyone who paints, or wants to learn to paint, this is a wonderful opportunity for them to have aj place tol learn. 5. At the request of Greg Beauchamp, I am attaching a copy ofhis email regarding property on  you posted.  simply not true.  Gerald Street.  LEE GARNER, TOWN MANAGER    o        FLORIDA MUNICIPAL INSURANCE TRUST  SNIFFEN & SPELLMAN, P.A.  123 N. Monroe Street Tallahassee, Florida 32301 Phone: 850)205-1996 Fax: (850)205-3004 MEMORANDUM  To: From: Date: Re:  Florida Municipal Insurance Trust (FMIT Employment Law Advisor)'  Michael P. Spellman, Sniffen & Spellman, P.A. August 9, 2021 resurgence  Employer-related considerations in light of the COVID-19  With COVID-19 infection rates again rising, including the increased spread of the more transmissible Delta variant of the virus, employers must continue to ensure the safety of their employees and continue to take necessary and reasonable precautions to  prevent and minimize the spread of COVID-19 in the workplace.  Recently, large private companies such as Walmart and Google havei implemented vaccine requirements for their employees. The U.S. Department of Veteran's Affairs on July 26, 2021, became the first federal agency to require its medical facility employees to be vaccinated. Within our state, several public employers have also recently implemented  vaccine requirements.  With more private and governmental entities throughout the country and the state likely to follow suit, many employers are now considering requiring their employees to have the COVID-19 vaccine as a condition of employment. This memorandum addresses common questions asked by employers and provides guidance for employers considering vaccine requirements, as well as guidance regarding paid time off for COVID-related  leave.  Can an employer require an employee to be vaccinated?  The short answer is "yes."  'FMIT members with liability coverage for employment practices can use the Employment Law Advisor service to speak with an attorney on ar range of employment-related matters Monday through Friday, 9:00 a,m, to 5:00; p.m., by  calling 888.368.FMIT (3648). FMIT FLORIDA  INBUFANCE TRUST  PROTECTING THE COMMUNITIES WE CALL HOME    FLORIDA MUNICIPAL INSURANCE TRUST  Most employers have not implemented vaccine requirements. However, increases in COVID-19 infection rates and the spread of the Delta variant will likely lead to a shift with more employers implementing vaccine requirements. Many employers have considered a July 6, 2021, memorandum opinion from the U.S. Department of Justice (DOJ), addressing the emergency use authorization status of various COVID-19 vaccines and whether or not such status prohibits employers from mandating vaccines as a condition of employment. In that opinion, DOJ concluded Section 564 of the Food and Drug Administration Food, Drug, and Cosmetic Act "does not prohibit public or private entities from imposing vaccination requirements for a vaccine that is subject to an emergency use authorization." On the other hand, as of August 6, 2021, the office of Governor Ron Desantis had issued at least one press statement, critical of a county-wide employee vaccine requirement. However, the Governor's criticism was particularly focused on the provision that county employees who decline to show proof of vaccination will be fired," and further stated the proof of vaccination requirement "is coercive and appears discriminatory on its face." As will be discussed below, new state law may prohibit such proot-of-vaccination requirements. Before implementing a vaccine requirement, it is strongly recommended employers consult with legal counsel in developing a policy. Without careful planning and execution, a workplace vaccine  requirement poses significant legal risks.  Any vaccine requirement must, at the very least, allow for an employee to seek an exemption based upon medical or religious grounds. A medical exemption must be given to employees at risk to an adverse reaction because of an allergy to one of the vaccine components or because of a medical condition. A religious exemption must be made for employees who decline the vaccine because of a sincerely held religious belief. In either of these scenarios, the employer must engage such employees ini the interactive process used in the Americans with Disabilities Act (ADA) context to identify a reasonable accommodation. For example, as a reasonable accommodation, an employer could offer requiring the employee wear a mask, engage in social distancing, seek schedule changes or reassignments, or work remotely as an alternative to a vaccine Can an employer ask an employee for documentation of vaccination (vaccine The State of Florida recently enacted section 381.00316, Florida Statutes ("COVID-19 vaccine documentation), which is known as the vaccine passport ban. The statute contains one provision prohibiting "a business entity" from seeking vaccine documentation from "patrons or customers." The statue contains another provision prohibiting "a government entity" from seeking vaccine documentation from "persons." However, neither of these prohibitions specifically refers to seeking vaccine documentation from "employees." Therefore, the statute leaves room fori interpretation: as  requirement. passport)?  to whether it applies in the employer/employee context.  Inp pertinent part, this statutory provision states, "A business entity - may not require patrons or customers to provide any documentation certifying COVID-19  a FMIT FLORIDA MUNIGIPALI INSURANCE TRUST  PROTECTING THE COMMUNITIES WE CALL HOME    FLORIDA MUNICIPAL INSURANCE TRUST  vaccination or post-infection recovery to gain access to, entry upon, or service from the business operations in this state." The consensus among the legal profession is that this vaccine passport ban is not applicable to private employers = meaning there is no prohibition on employers requiring its employees provide documentation of vaccine  documentation.  For governmental employers, the relevant statutory provision provides the governmental entity may not require persons to provide any documentation certifying COVID-19 vaccination... to gain access to, entry upon, or service from the governmental entity's operations." While the term "persons" can certainly include employees, the legislalure's s decision to use neither the noun employee(s), nort the specific verbs relating to working or employment raises doubt on whether the statute applies to employees. With more private and public employers choosing to implement vaccine requirements, whether the State of Florida vaccine passport ban is applicable in the employerlemployee context will likely be tested. In the meantime, employers who implement workplace vaccine requirements can ensure compliance short of providing vaccine documentation, by instead requiring employees to attest to being vaccinated. At least one employer does sO on the login screen each employee encounters first thing  each work day.  Can an employer ask an employee if he or she is vaccinated?  Although it is well established the Americans with Disabilities Act (ADA) prohibits health-related inquiries, asking employees whether they have been vaccinated is permissible in light of the COVID-19 pandemic. According to guidance issued by the  Equal Employment Opportunity Commission,  When an employer asks employees whether they obtained a COVID-19 the existence of a disability; there are many reasons an employee may not show documentation or other confirmation of vaccination in the community besides having a disability. Therefore, requesting documentation or other confirmation of vaccination - : is not a disability-related inquiry under the ADA, and the ADA's rules about such inquiries do not apply. Additionally, many mistakenly believe asking about an employee's vaccine status is a violation of rights protected under the federal governments Health Insurance Portability and Accountability Act of 1996, as amended, commonly known as HIPAA. However, HIPAA does not generally apply to employers (unless you are a medical facility). Rather, it applies to certain medical information privacy rules and standards to health plans, health care clearinghouses, and to any health care provider who transmits  vaccine.  the employer is not asking a question that is likely to disclose  health information in electronic form.  Though permissible to ask an employee whether she/he has been vaccinated, there should be no further inquiry such as asking an employee the reason(s) why she/he has not been vaccinated. Such follow-up questions may cross into the territory of being  FMIT FLORIDA MUNICIPAL INSURANCE TRUST  PROTECTING THE COMMUNITIES WE CALL HOME    FLORIDA: MUNICIPAL INSURANCE TRUST  an impermissible medical or health inquiry in violation of the ADA. Moreover, employers must keep confidential information about employees' vaccination status and maintain Rather than requiring vaccination, can an employer offer an employee an incentive Yes, sO long as such incentives are not SO substantial as to be coercive. As al best practice, incentives offered should be minor and be of minimal value. A substantial incentive poses legal risk of being considered discriminatory. For example, an employee who is not getting vaccinated for a religious belief is arguably getting withheld a benefit or privilege of employment because of her/his religious beliefs. A suggested incentive would be to grant leave time to employees (rather than requiring an employee to use accrued paid time off) for time spent getting the vaccine, recovering from any allergic reaction she/he may experience after the vaccine, and for being ill due to COVID-19. So as not to become too substantial of a benefit which risks being considered coercive, such an incentive policy should have a cap as to the amount of additional leave time granted  such information separately from employees' personnel files.  for voluntary vaccination?  fors such purposes.  Public employers must always remember any expenditure should be based on a valid public purpose, including policies governing financial incentives for vaccination. Local governments will be able to easily articulate legitimate public purpose goals as the basis for an employee vaccination incentive such as stemming the spread of the virus, maintaining a healthy workforce and workplace, and/or fostering the continued delivery of essential governmental serves. Public employers should also be mindful of section 215.425, Florida Statutes, which limits "extra compensation" for employees based on past services/services already performed. In the vaccination incentive context, one interpretation of this section is that getting vaccinated is not considered "service" as typically understood to mean the performance of job functions and/or it was never necessary or required when the employee's original terms of employment or compensation were contemplated. Additionally, the related incentive may not be a "bonus scheme" under that section since it is not based on work performance, but instead on matters of achieving workforce and workplace health and safety. Therefore, a vaccination incentive policy might entirely avoid application of section 215.425. In light of these and other concerns, public entities are strongly urged to closely consult with legal counsel  regarding vaccination incentives.  How can an employer enforce a vaccine requirement?  An employer must be extremely cautious before taking adverse employment action against employees who do not comply with a workplace vaccine requirement. Adequate notice should be given to employees regarding howt to comply with a vaccine requirement, including setting a specific deadline on which employees must comply. Moreover, consequences for failing to comply should be clearly set out in any implementing policy. Ifan employee is sent home and not allowed back in the workplace until such time the employee has been vaccinated, it would be permissible to place the employee on unpaid leave rather than allowing the employee to use any accrued paid time off.  FMIT FLORIDA MUNIGIPALI  TRUST  PROTECTING THE COMMUNITIES WE CALL HOME    FLORIDA MUNICIPAL INSURANCE TRUST  Otherwise, sending an employee home but allowing the employee to use accrued paid time off is, in essence, allowing the employee to take a vacation fori failing to comply with  ac condition of employment.  Dismissing an employee for failing to comply with a vaccine requirement should only be done as a last resort. Because of the various laws, including Title VII and the ADA, which must bei taken into consideration when dismissing an employee on this basis, it is imperative employers first consult with their human esources/employee relations  office and legal counsel before proceeding with dismissal.  As set out previously in this memorandum, exemptions from a vaccine requirement should be given on either medical or religious grounds. However, in suchi instances where an employer cannot accommodate an employee after engaging ini the requisite interactive process, dismissing an employee should only be the last resort and only after ensuring What employers have announced vaccine requirements (as of August 9, 2021)? The following are recent examples of employers who have implemented employee  an employee's rights under any other laws are not violated.  vaccine requirements:  Walmart Google Facebook Leon County, Florida City of Delray Beach, Florida City of Gainesville, Florida Orange County Florida Orange County Florida Tax Collector NCH Healthcare System (Naples)  U.S. Department of Veteran Affairs (vaccination for health professionals)  Nova Southeastern University (vaccination for staff and faculty)  May an employer require an employee to wear a mask in the workplace? Yes. In July 2021, the Centers for Disease Control and Prevention ("CDC") updated its recommendation regarding the use of masks. Because of the new Delta variant, ully-vaccinated individuals are encouraged to wear a mask in public indoor settings if they are in an area of substantial or high transmission. In light of this new CDC guidance, there is little legal risk for an employer to require employees to wear masks as a condition of employment. However, employers should still be mindful of allowing reasonable accommodation for employees who are not able to wear masks due to any health condition or if an employee claims a sincerely-held religious belief. Must there be a state of local emergency for a local government to implement a No, but a vaccine requirement implemented by a local government through an emergency order or ordinance risks being invalidated by the Governor of the State of  vaccine requirement for its employees?  FMIT FLORIDA MUNICIPAL INSURANCE TRUST  PROTECTING THE COMMUNITIES WE CALL HOME    FLORIDA: MUNICIPAL INSURANCE TRUST  Florida. Though not guaranteed, a vaccine requirement implemented simply as a workplace policy and procedure (and not through any emergency order or ordinance) has  less of a chance of being held invalid by the Governor.  Section 252.38, Florida Statutes ("Emergency management powers of political subdivisions"), authorizes counties and cities to invoke a state of local emergency and to implement an emergency management plan. Under such a plan, a county or city could implement emergency orders or ordinances requiring county or city employees to be vaccinated, as well as imposing restrictions or requirements on its citizens such as mask  requirements and limitations on business operations.  In! May 2021, Governor Ron DeSantis signed Senate Bill (SB) 2006 into law, which grants the Governor broad authority to invalidate any emergency order or ordinance issued by a county or city. The bill created a new subsection "Expiration and Extension of Emergency Orders" under section 252.38, Florida Statutes. This news subsection allows the Governor to invalidate any emergency order or ordinance which limits the rights or liberties of individuals or businesses." This means any local emergency order or ordinance requiring vaccines and masks (whether applied to a city's employees and/or to its citizens) will likely come under the scrutiny of the Governor and likely be held invalid. Are there COVID-related leave benefits employers are required to give? No. However, under the American Rescue Plan Act ("ARPA"), employers may voluntarily grant emergency paid sick leave and emergency paid family medical leave to employees and receive applicable tax credits, all of which were previously required under  the Family First Coronavirus Response Act ("FFCRA").  The FFCRA, which was enacted in 2020 near the start of the pandemic, required employers to grant up to 10 days of emergency paid sick leave and up to 10 additional weeks of emergency paid family medical leave, but these requirements under thel FFCRA ended on December 31, 2020. The ARPA did not extend these requirements. Rather, employers who voluntarily grant these leave benefits may get reimbursed through tax credits just as they did under the FFCRA. These tax credits apply to such leave being  granted from April 1, 2021, through September 30, 2021.  Employers who voluntarily provide leave benefits under the ARPA should note several differences from the leave benefits previously required under the FFCRA. For example, the ARPA allows for additional qualifying events for an employee to be eligible for emergency paid sick leave such as seeking or waiting for the results of a COVID-19 test, obtaining a vaccination, and recovering from iliness related to being vaccinated from COVID-19. Also, under the ARPA, emergency paid family medical leave does not have  an initial unpaid period like it did under the FFCRA.  Leave given to one employee through the ARPA's extension must be given to all employees, or an employer will face the risk of running afoul of the ARPA and anti- discrimination laws. In addition, employers should not ignore any existing obligations under the ADA, the Family Medical Leave Act ("FMLA"), and other applicable laws when  FMIT FLORIDA MUNIGIPALI INSURANCE TRUST  PROTECTING THE COMMUNITIES WE CALL HOME    FLORIDA. MUNICIPAL INSURANCE TRUST  considering employees' leave requests. Thisi is regardless of whether: such leave requests are related to COVID-19 or related to any other health or medical reasons. FMIT members with liability coverage for employment practices can use the Employment Law Advisor service to speak with an attorney on a range of employment-related matters Monday through Friday, 9:00 a.m. to 5:00 p.m., by calling 888.368.FMIT (3648).  FMIT INSURANCET TRUST  FLORIDA  PROTECTING THE COMMUNITIES WE CALL HOME    FLORIDA MUNICIPAL INSURANCE TRUST  Key Takeaways for Florida's Local Government Employers  1. Can an employer require an employee to be vaccinated?  Yes. Such a requirement could be adopted as a workplace policy and condition of  employment for all personnel which is reasonably calculated tos support the interests of workplace health and safety. A process should be provided for employees to seek an exemption based on a documented 2. Can an employer ask an employee for documentation of vaccination (vaccine passport)?  medical condition or sincerely held religious belief.  Probably, but this is not advisable currenlly since the vaccine passporl law, banning such requests = of "patrons and customers" by business entities or of "persons" by government entities = doesntspeciicaly  exclude or include employees" per se.  3. Can an employer ask an employee if he or she is vaccinated? Yes. But proceed noi further than seeking a yes or no answer.  4. Rather than requiring vaccination, can an employer offer an employee an incentive for voluntary Yes, as long as any incentive is not sO substantial as to be coercive. If any incentive includes compensation, local government employers should first have or create a policy with appropriate legislative findings by the governing body articulating the public purpose to be served by any such incentive-based compensation. Care must also be taken to avoid an incentive policy which violates section 215.425, Fla. Stat., barring "extra compensation" for "services" already rendered.  vaccination?  5. How can an employer enforce a vaccine requirement?  Employers who require employee vaccinations can seek compliance short of vaccine documentation by instead requiring employees to attest to being vaccinated. Further action by the employer should follow robust pursuit of medical, religious or other alternative accommodations. for the employee. Termination  should be a last resort.  6. What employers have announced vaccine requirements (as of August 9, 2021)? 7. May an employer require an employee to wear a mask in the workplace?  Leon County; Orange County, Orange County Tax Collector; City of Delray Beach, City of Gainesville Yes. A process should be provided for employees to seek an exemption based on a documented 8. Must there be a state of local emergency for a local government to implement a vaccine No. Ani informal, general workplace policy may run a lower risk of being invalidated under the Governor's newly created power to invalidate local emergency orders/ordinances.  medical condition or sincerely held religious belief.  requirement for its employees?  FMIT FLORIDA MUNICIPAL INBURANCETRUST  PROTECTING THE COMMUNITIES WE CALL HOME    EMPLOYMENT LAW ADVISOR  Access to Employment Law Attorneys at  NO COST  The Florida Municipal Insurance Trust's exclusive Employment Law Advisor program offers access to a Florida-based attorney with significant public-sector employment law experience. And, the best part is there is no cost to members of the FMIT. We can help with a wide range of employment-related matters, including:  Hiring. Discipline. romotion/Demotion. Transfer. Redssignment. Layoff. Termination. ADA Compliance.  Helpi is only a phone call away. FMIT members can speak with an attorney Monday through Friday, 9:00 a.m.1 to! 5:00, p.m., by calling (888) 368-FMIT (3648).  Complaints of Discrimination, Harassment, Unfair Treatment and Retaliation.  FMIT FLORIDA MUNICIPAL INSURANCE TRUST  PROTECTING THE COMMUNITIES WE CALL HOME                CEFP PartA- Town ofs Sneads Lifts Station4 4- Repair CostE Estimate  Item No. Completed. Permanent  Item Description Title/ Component Description  Div.#or Qty Units Unit Price CityAdj TotalCost  Cost Code  Factor  $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00  Completed- Permanent Total  Non-Permanent  Completed Non- Permanent' Total Ea. $8,565.00 1 Ea. $1,871.00 1 Ea. $993.00 Ea. $1,273.00 100 LF $1.68 1 Ea. $330.00 8CS.F. $327.00 Ea. $1,743.00 Ea. $2,780.00 1 10 Fa. $1,470.00 1 Ea. $652.00 15 Ea. $385.50 1 CLF. $104.00 1 10 Ea. $85.50 1 Uncompieted- Permanent Total $59,505.50 CityA Adj  Item Item Description Title/ Component No. Description Uncompleted Permanent 4" Centrifugal Pump- 500 GPM, 20H.P.,4" discharge. includes dripp proofr motor Pump, submersibles sump, automatic controls, 115V,i includes thec oild detector, controis and alarm Water utilityo distributiony valve, check valves, fanged casti iron, 4"d diameter, includes bollsa and gaskets Water ulility distribution valve, gatev valves, cast iron, mechanicalj joint, withb boxes, 125p psi,4 4" diameter, includes valve boxa andr mechanical joint Subdrainage piping, corrugated plastict tubing. perforated or plain, inrolls, 4"d diameter, includes silts sock Dehumidifier, 2401b.hrup Cementitious waterproofing, cementilious metallic slurry, 1/2"0 thick, 4coal, troweled Motors, totally enclosed, premium eliciency, 1.15 service faclor, 1,800F RPM, 230/460 V,60Hz,15 HP Panelboards, 3phase4 wire, mainl lugs, 277/480 V. 100a amp, 200 circuits, NEHB, incl2 20A1 1pole 9 boll-onb breakers Safely switches, general duly, pole, fusible, 240 10 voll, 400a amp. NEMA.1 1 Pump, sewage ejector, system accessories, for switch, magnelic contactor, alarm bell, light,3 11 levelo control Circuit breakers, plug-in, 3pole, 277/480 V,60 12 amp, panelo orl load center PVCC Conduit, schedule 80, 1"c diameler, tot 10'H, 13 inclte terminations, fitings, &s support Control cable, copper, THHN wirev withF PVC 14 jacket, 600V V, 3wires, #14 Grounding rod, copper clad, 8'1 long, 1/2" 15 diameter Item ItemD Description1 Title/ /Component No. Description Uncompleted Non-Permanent  RS Means 221123104080 221429161210 331419103710 331419103810 334116350041 230505100790 71616200050 267113201700 262416301300 262816200500 221329143340 262416202620 260523100030 260526800030 Div.#or  CityAdj  Cost Code Qty Units UnitP Price Factor TotalCost  $17,130.00 $1,871.00 $1,986.00 $2,546.00 $168.00 $330.00 $2,616.00 $3,486.00 $2,780.00 $14,700.00 $1,304.00 $5,782.50 $3,639.00 $312.00 $855.00  221113742480 300 LF. $12,13 1  Cost Code Qty Units UnitP Price Factor TotalCost  $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00  Uncompleted- Non-P Permanent Total TOTALF PARTAB BASE CONSTRUCTIONCOSI $59,505.50    CEF PartA A- Town of Sneads Lift Station 4- Replacemnt Cost Estimate  Item No, Completed  Item Description Title / Component Description  Div. #or Cost Code  CityA Adj  Qty Units Unit Price Factor Total Cost  Permanent  $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00  Completed- Permanent Total  Non-Permanent  Completed- Non-Permanent Total Qty Units Unit Price Factor Total Cost  Item No. Uncompleted  Item Description Title/ Component Description  RSN Means Cost Code 333213132510 Div. #or Cost Code  CityAdj  Permanent 1 station, 500,000 GPD  Packaged utility lifts station, packaged: sewage lift Item Description Title/Component Description  1.0 Ea. $323,100.00 1 Qty Units Unit Price Factor Total Cost  $323,100.00  Uncompleted- Permanent Total $323,100.00  Item No.  City,Adj  Non-Permanent  $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00  Uncompleted- Non-Permanent Total TOTAL PARTAI BASE CONSTRUCTION COST $323,100.00    Town of Sneads Lift Station 4 FEMA 50% Rule Repair VS. Replacement  Item Description %R Repair/Replace Calculation  Repair Cost $59,505.50  Replacement Cost 50% Calc $323,100.00 18.42%    Melvin Engineering  DHM  April 14, 2020 Ms. Lynda Bell, Town Manager Town of Sneads 2028 Third Avenue POI Box 159 Sneads, Florida 32460  RE: Sneads Sewer Lift Station #4 - Cost Estimate to Repair Vs. Replace  Dear Ms. Bell:  As requested, we have investigated the cost to repair VS. cost to replace the existing Sneads Lift Station #4. We worked with a local company that supplies equipment and performs repairs on sewer lift stations in our area and obtained pricing to replace the two 15 hp pumps and motors and a control panel as needed to return the lift station to pre-storm conditions. The estimated  cost for like-for-like" replacement is as follows: Equipment: $50,770.00 Labor: drywell) Total Estimate: $107,770.00 <  $55,000.00 (includes consideration for working in the confined space  error in math, should be $105,770.00  We also contacted the equipment manufacturer that supplied the original drywell, pumps, motors, and controls (DAVCO) and they advised that they no longer offer and have not sold that type wetwelldrywell sewer lift station in many years. We also contacted the Florida Department of Environmental Protection for our region and they advised that they have not permitted any wetwell/drywell sewer lift stations in recent years. Therefore, it is not feasible to determine the However, we do have available recent bid prices for a functionally equivalent submersible pump lift station for Sneads Lift Station #4, which we used to estimate the cost to replace the existing station with a new submersible lift station. For the cost comparison we excluded any mitigation and beautification items which were included in the design, i.e., emergency generator, site fill to raise station above flood zone, landscaping, block wall with signage, and project contingency! Weestimate a replacement costof $210,786.001 forthe new.station Therefore, based on these estimates we believe the cost to repair the station would be 50% or more than the cost to construct a new station meeting all current codes and standards. Considering the financial investment which would be required to simply repair the existing lift station, we. recommend rather that the station be replaced with a new submersible pump lift station meeting all current codes and standards and furnished with state of the art, readily  cost to replace the existing station with a new' "like-for-like" station.  available and maintainable equipment and parts.  4428 Lafayette Street P. 0. Box 840.N Marianna, Florida 32447. (850)4 482-3045 2541-16 Barrington Circle e Tallahassee, Florida 32308 e (850)671-7221 www.melvineng.com blmobesemeMinengcon    Sincerely, pbE William C. Nobles, FL P.E. #51082 Senior Project Engineer  DHM Melvin  Engineering    4399DR-FLSneads, Town of (063-66725-00) [110284] Lift Station 3,4,6and7  Granted Appeal DI#271902 (LS #4) COST CHANGE  Subrecipient attempted to notify FEMA of items missing from GMP #110284's Damage, Descriptions and Dimensions (DDD) on multiple occasions prior toi its obligation as a small project. Specifically, the Subrecipient noted that Lift Station #4: sustained additional disaster- related damage that requires replacement of the facility; however, this issue has remained unaddressed by FEMA. As FEMA has not issued a DM concerning the items on appeal, the issues raised are not ripe for appeal pursuant to 44 C.F.R. S 206.206.  OPCPDMG scheduled an additional Site Inspection on April 22, 2021 as per Region 4 and Orlando Processing Center (OPC) Leadership. OPC PDMG and Site Inspector traveled tol LS #4 and performed the site inspection and noted the additional damage that was inadvertently omitted on the original inspection. See SIR document titled "Sneads, Town of WO#68997 DI #271902 Lift Station #4 SIR (REVISED. 5.6.21)"and Photo Sheet "4399DR-Town of Sneads- WOH68997-Granted Appeal SI Photos 4.22.21'uploaded in the project for more detailed  information.  After the site inspection was performed, OPC Leadership requested a CEF be performed to cost the difference in repair/replacement of LS#4. This CEF was performed (see attached document titled 'DR4399-FL Town of Snead Lift Station 4- Repair VS Replacement CEF Part A- Cost Estimates WP-REV1 - JDB" and it was determined that a replacement did not meet the criteria for cost reasonableness due to it being only 18.42% oft the replacement. Due to this  finding, LS#4 did not meet the 50/50 rule for a complete replacement.  Amendment Cost $38,379.65/V1Total)  5950550(C7-9178.16 (V.0 for LS#4)=$ $37,736.24+ 568341(fuel)-53837965    4399DR-FL Sneads, Town of 063-66725-00) 110284] Lift Station 3,4,6and7  Granted Appeal DI#271902 (LS #4)  Documents uploaded in amendment 110284 DR4399FL - Cost Estimate (6)  DR4399-FL Town of Snead Lift Station 4- Repair VS Replacement CEF Part A - Cost Estimates- 4399-110284-Town of Sneads- Applicant Invoice, for Repairs Pre-disaster (2016)  WP-F REV1 -JDB  4399-110284-Town of Sneads- Treatment Plant Letter 4399-Town of Sneads- Contractor Maintenance Check 20201228 4399-FL. Sneads GMP 110284 1A. SUBMITTAL 20210219. 4399-FL Sneads GMP: 110284 FAR DR-4399-FL Town of Sneads FL Maintenance Letter Town of Sneads Lift Station 4 Pre-Disaster Photo 4399-Town of SPe045-GMP1002B4Fue. Logs 1 4399-Town of SPe045GMA100284Fue. Logs. 2 4399-Town d5pead:GM002B4Rue!. Logs 3 4399-Town 5ned-CMa028-Tou Petroleum Inv 4399-Town of Sneads-Project #100284-Fuel Logs Sneads, Town of WO 68997 DI 271902 Lift Station #4 Photos (2) Sneads, Town of WO 68997 DI 271902 Lift Station #4 Map Sneads, Town of WO 68997 DI 271902 Lift Station #4 FIRMette Sneads, Town of WO 68997 DI 271902 Lift Station #4 Sign in page Sneads, Town of WO 68997 DI 271902 Lift Station #4 SI Sketch 4399-Town of Sneads-Project #110284_DDD: as of4.19.21  20201228 4399-FL Sneads GMP. 110284 1A. SUBMITTAL 05 Letter to L. Bell. 20200408 20201228 4399-FL Sneads GMP. 110284 1A SUBMITTAL 08 Letter to L. Bell 20200414 20210219 4399-FL Sneads GMP. 110284 FAR-OPC PDMG Review. Summary 4399DR-Town of Sneads-WO#68997-Granted Appeal. SI Photos 4.22.21 Sneads, Town of WO # 68997 DI #271902 Lift Station #4. SIR REVISED5.6.21)    4399DR-FL Sneads, Town of (063-66725-00) [110284] Lift Station 3,4,6and7  Granted Appeal DI#271902 (LS#4)  See below for additional Information  Age of Lift Station #4  During the Site Inspection, we discussed when the LS was originally constructed. The applicant made a statement that it pre-dated the construction of the Waste Water Treatment Plant (WWTP). OPC PDMG followed up in an email asking the applicant POC when then WWTP was constructed. See her reply below and uploaded document titled 4399-110284-Town of Sneads- "The sewer: system was originally put in the 70's, then in the 80's there were. some additions done.../ think that's when LS came in. Since then there have been upgrades to the plant... Icame on in. 2002 and one was in the works then and completed in 2003. /would not be able to. sayj for sure the age of the LS, but the original plant was built first then, LS put in.... SO, sometime in the  Treatment Plant Letter"  80's maybe, guessing??? -Danielle"  Trash Pump  While in conversation about the Trash Pump, the WWTP Operator stated that he comes by LS #4 every morning and runs the pump for approximately 10-15 minutes to pump the wet well down to prevent spillage. The Trash Pump was covered under Project #74554 (Cat B) through 9.6.2019. The applicant does not have any hour readings on the pump from time of placement through now. They have had it repaired and a meter was placed on it. The new meter shows a reading of 11.5 hour. This is not an accurate measure of the time used. Applicant has provided fuel tickets/logs for the fuel that was used int the pump going back to when the Town owned pump replaced the rental pump. Google earth shows a Trash Pump at this location in April of 2016. When OPC PDMG asked the Applicant about this during the SI, she: stated they! had to have the LS repaired and provided a paid receipt for the repair. See uploaded document titled 4399-110284-Town of Sneads- Applicant Invoice. for Repairs Pre-disaster (2016), Town of  Sneads Lift Station 4 Pre-Disaster Photo".    4399DR-FL Sneads, Town of (063-66725-00) [110284] Lift Station 3,4,6and7  Granted Appeal DI#271902 (LS #4)  Well Damage  Applicants engineer Bill Nobles (Melvin Engineering) stated that the reason the wells fell during the flooding was caused by the +/- 36 inches ofi flood waters sitting of the ground surface causing hydrostatic pressure on the penetrations. This caused the gaskets/seals around the penetrations where the 4" pipe coming from the wet well into the drywell to fail. Photos of leaking seals are depicted in the photo pages (applicant provided photos). The wet well is constructed of brick/mortar on the lower half. The same hydrostatic pressure caused infiltration into the mortar. joints as well. The applicant stated that they reached out to DAVCO (manufacturer of system) for a repair method. DAVCO was of no support and stated that they  don't sell this type of system any! longer and the wells are obsolete.  Electrical Wiring/Conduit  The conduit makes its connection in the bottom of the Control Panel. When the flood waters rose above the bottom of this panel, it started flowing into the conduit that houses the wiring that is connected to the motors in the dry well. The flood waters rose to -/+ 36 inches and the bottom of the control panel is approximately -/+ 28 inches from the ground. The flood water being in the conduit has cause damage to the wiring and conduit. See photo page for picture of  Control Panel  Allen (Willy) Brinkman 202.717.5862  lenbrin.manreassocasocates.emadhsgo"