TOWN OF MELBOURNE BEACH

MINUTES

TOWN COMMISSION - REGULAR MEETING

Wednesday, February 15, 2006

Community Center - 6:30 PM

The Town Commission of the Town of Melbourne Beach, Florida met in regular session on Wednesday February 15, 2006 in the Community Center at 509 Ocean Avenue, beginning at 6:30 PM.

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Present were Mayor William Stacey, Vice-Mayor Sandy Wilson, Commissioner Paul Guglietta and Commissioner Steve Walters. Commissioner Donnie Price was not in attendance. Also present were Interim Town Manager Jim Bursick, Interim Town Attorneys Nick Tsamoutales and Gary Sack, and Town Clerk Patricia Burke.

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

At this time, the following changes were made to the agenda: (1) Presentations by Special Guests and Proclamations and Awards were moved prior to the Approval of Minutes, (2) Consent Agenda Item C, Site Plan for 201 Ocean Avenue was moved to New Business, and Presentations and Special Guests Item B removed.

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At this time, Mayor Stacey presented Proclamations to Eagle Scouts Kevin Gorman and Stephen Stewart.

Mayor Stacy presented former Town Manager W.D. Higginbotham with a plaque thanking him for his service to the Town of Melbourne Beach.

Mayor Stacey also presented Sergeant Dan Duncan with the Life Saving Award.

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A representative from the Marine Resource Council discussed the removal of Brazilian Peppers.

A representative from the St. Johns Walter Management Water Conservation Program discussed the conservation and water restriction program Brevard County is putting in place. She discussed the Ordinance that was on the agenda for approval regarding restrictions on watering. She asked that this information be placed in the Beachcomber and she will provide informational pamphlets for Town Hall.

Vice Mayor Wilson commented that the Town needs to be sure that they are following the water restrictions. The Town Manger commented that he has discussed this with the Public Works Superintendent.

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APPROVAL OF MINUTES

Motion by Commissioner Guglietta to approve the minutes from the November 2, 2005 Special Commission Meeting, the November 17, 2005 Special Commission Meeting, the November 16, 2006 Regular Commission Meeting and December 21, 2005 Regular Commission Meeting as amended. Second by Commissioner Walters. The motion carried unanimously.

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CONSENT AGENDA

Motion by Commissioner Guglietta to approve Items A and B under the Consent Agenda. Second by Vice Mayor Wilson. The motion carried unanimously.

At this time, the meeting recessed for five minutes.

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NON-SCHEDULED CITIZEN COMMENTS

Frank Thomas 606 Atlantic discussed the Ryckman House

Mr. Davis - 207 and 206 Fur Avenue asked that Commission to take some action regarding the house on Redwood. He stated that the house is owned by Gary Sack the Interim Town Attorney.

Jim Murphy - 209 Fur Avenue expressed his concerns regarding the same property.

Dean Darling - 421 Sixth Avenue stated that there was a $60,000 claim on the Clerk's notary seal and he wanted to be sure it was in the public record. He also stated that he has not received a response regarding compensation time for the Chief of Police and he wanted to know when he would get a response to his request.

Dr. Michael Lesser - Atlantic Street he said that the town has spent a huge amount of time preventing new homes from being constructed but does not spend any time trying to get rid of old dilapidated homes that interfere with the lives and property values of their neighbors. He wanted to know how the Commission planned on dealing with the Boomerang property. Mayor Stacey commented that on Atlantic Street there was construction debris all over the road. Dr. Lesser commented that it was not his property all his debris was kept on his property. He continued saying that there are many issues concerning the Codes that need to be addressed.

Commissioner Guglietta commented that he has spoken with Dijon and that he told him he plans to re-open a restaurant at the Boomerang location.

Paul Nevins - Fur Avenue also discussed the property on Redwood.

Motion by Commissioner Walters to repair any unsafe conditions on the property located on Redwood. Second by Commissioner Guglietta. The motion carried unanimously.

Tom Shaw - 406 Riverside - commented that there is mold growing on the left side of the Ryckman house. He expressed his displeasure regarding special meetings saying that the

public is not allowed to participate, and that the Town has to pay legal staff to attend. He stated that special meetings are on the calendar every month and he felt that special meeting are scheduled so that Commissioners can to talk to one another. He recommends workshops instead of meetings this would facilitate communication and would allow the public to interact with the Commission. He also requested that the Town establish a policy regarding accounting procedures for pension funds.

Commissioner Guglietta commented that the Town Manager and the Finance Clerk have checked into the issue regarding the pension funds. The Finance Clerk reported that Melbourne Beach does not offer the services you requested disclosure on.

Commissioner Walters replied that in 2004 the residents told the Commission they would have special meetings, and give 24-hour notice. This was placed on the ballot and passed overwhelmingly. He continued saying that the work of the town cannot always be done with just one meeting per month. He continued saying that the legislation Mr. Shaw was discussion was for private pension funding which the Town does not have.

Bruce Black - 415 Ocean Ave asked if the Town Manger could look into doing a budget amendment, for a code enforcement officer. He felt that nothing is being done and that the property mentioned earlier is not the only problem. He also commented that in 2004, there was a settlement offer on the Hamilton lawsuit and nothing was done. He continued saying that there was another settlement offer and nothing was done.

Commissioner Walters commented that there are many people in the community that still have damage from the hurricanes. He said that he is not condoning unsafe issues, but there is still a lot of damage and it is not fair, people are trying to get things in order.

Commissioner Guglietta replied saying that the two priorities we have are a code enforcement officer and a code enforcement attorney. Commissioner Walters replied that they have been waiting about eight months for this.

Motion by Commissioner Guglietta to direct the Town Manager to put an ad in the paper and find code enforcement officer.

Commissioner Walters stated that he would rather the Town Manager come back with a plan. Commissioner Guglietta withdrew his motion and requested that the Manager come back to the next meeting with a plan.

The Manager commented that the two major issues are a code enforcement officer, and an attorney for the Board. In addition, a priority is the process for enforcement, and a planning official.

At this time, Mayor Stacey introduced the Interim Town Manger Jim Bursick.

Commissioner Walters asked that they direct the Town Manger to get a code enforcement attorney. Vice Mayor Wilson commented that he has talked to someone who is interested in the code enforcement attorney position and that the manager has also spoken to one. Commissioner Guglietta stated that the process must be followed and it must be advertised.

Xochie Ross - 1106 Atlantic Street stated that at the last workshop it was determined we need professional help for planning and zoning. She asked where the funds would come from to accomplish this. She stated that there needs to be a plan and we do not have one.

Commissioner Guglietta asked the Town Manager to find out how much it is going to cost and come back with a recommendation.

Motion by Vice Mayor Wilson to advertise for a code enforcement attorney and a planning official. Second by Commissioner Walters. The motion carried unanimously.

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BOARDS AND COMMITTEES

Motion by Commissioner Walters to approve John Krumpter to the Melbourne Beach Police Pension Board. Second by Vice Mayor Wilson. The motion carried unanimously.

Commissioner Walter asked if the Town has received a resignation from Joy Campbell. The Clerk responded that she has not been in attendance for a year and that she no longer lives in town.

Motion by Commissioner Guglietta to remove Joy Campbell from the Parks Board. Second by Commissioner Walters. The motion carried unanimously.

Members of the Commission thanked her for her services.

Commissioner Walters stated that the reason he voted for Mr. Krumpter was that the only time he cannot vote is if there is a benefit to him. He stated that he met Mr. Krumpter this evening. He said that there has been some debate, and the Ethics Commission exonerated him from a complaint filed by Ms. Dieterle so he is being extra cautious about voting. He stated that his benefits were fixed and there was no gain for him and that was why he voted.

Carmine Siniscal - 213 Cherry stated that he was speaking as resident. He said that he was not surprised Commissioner Walters would not want him on the pension board. He wanted to know how the process went. There were four candidates, Commissioner Walters nominated one person, it was seconded and there was no discussion.

Commissioner Walters commented that he read the resumes and he felt Mr. Krumpter was the best qualified. He stated that as far as Officer Siniscal was concerned he believed that he could not hold dual offices. He continued stating that he has read two

different Attorney Generals opinions on the matter. He also felt that the Board did not need another police officer.

Mr. Siniscal stated that he talked to Paul Gougelman and there was no case law regarding the issue. Commissioner Walters replied that there are opinions.

Mr. Siniscal stated that the issue was not settled. Commissioner Walter stated that he felt Mr. Krumpter was the best qualified.

Motion by Commissioner Guglietta to appoint Owen Callard to the Parks Board. Second by Commissioner Walters.

There was discussion regarding the make up of the Parks Board.

The motion carried unanimously.

Commissioner Walters explained to the residents the make up of the Pension Board. It consists of two police officers elected by the police officers, two members elected by the Commission. Those four members get together and appoint the fifth member. He said he wanted someone to look out fiscally for the Town of Melbourne Beach, the police officers will look out for the police officers. That is why he made his decision.

Commissioner Walters thanked Mr. Peoples, the previous chair for his work on the Pension Board. He asked that the Clerk prepare a plaque and have him attend the meeting so that it can be presented.

Betsy Biard Williams Building Committee reminded the Commission that March 12 was Pets in the Park, and that there will be no petting zoo this time, that it was restricted to household pets only.

Commissioner Walters commented that there is an ordinance that does not allow pets in the park. The Town Attorney stated that you could not waive provisions of an ordinance. Either close your eyes or amend your ordinance

Commissioner Guglietta asked the attorney to prepare and amendment to the ordinance specifically for this situation.

Bruce Black - Parks Board stated that the plans for Founders day are going well. He said that they would meet with the Manger, Public Works and the Police Department and give them information. There are some new attractions such as the yacht club offering sailboat rides, a car show and we are looking to Billy Lane for motorcycles to show.

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PUBLICE HEARING

Ordinance 2006-01 - first reading

AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA; PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER CONSERVATION RULE FOR LANDSCAPE IRRIGATION OF THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT; PROVIDING DEFINITIONS, PROVIDING THE LANDSCAPE IRRIGATION SECHEDULE; PROVIDING EXEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULE; PROVIDING FOR VARIANCES FROM THE SPECIFIC DAY OF THE WEEK LIMITATIONS; PROVIDING FOR APPLICABILITY OF THE ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE ORDINNACE; PROVIDING FOR PENALTIES FOR VIOLATION OF THE ORDINANCE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

Town Attorney Nick Tsamoutales read Ordinance 2006-01 by Title.

Commissioner Walters stated that if the Town were to support this ordinance it could not be enforced. He stated that he was in favor of conserving water, but not in favor of the Town enforcing it. The Attorney commented that if you adopt the ordinance you assume the responsibility for enforcing it. Commissioner Guglietta stated that this is another unfunded mandate, and the Town does not have the labor or money to do it. Vice Mayor Wilson asked if we were to adopt it, would there be more of a probability for grant funds. The Town Manager responded that to his knowledge this was not tied to any grant funding.

Discussion between the members of the Commission continued regarding the enforcement of such an ordinance.

Motion by Commissioner Walters to table Ordinance 2006-01 indefinitely. Second by Vice Mayor Wilson. The motion carried unanimously.

Resolution 2006-02

A RESOLUTION OF THE TOWN OF BEACH, BREVARD COUNTY, FLORIDA, SUPPORTING ADOPTION OF AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY LEVYING A ONE PERCENT DISCRETIONARY INFRASTRUCTURE SALES SURTAX FOR FIVE YEARS SUBJECT TO VOTER APPROVAL IN A NOVEMBER 7, 2006 REFERENDUM; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION.

Town Attorney Nick Tsamoutales read Resolution 2006-02 by Title.

Commissioner Guglietta stated that this was discussed at the MPO meeting and that the response from the other cities was mixed. He stated that the County will receive the majority of funds and that the Town will receive $1.09 million, which will go along way.

He felt that it was too much on the County side and the Municipalities were not getting enough.

Motion by Commissioner Guglietta to table until we see what other municipalities are going to do. Second by Vice Mayor Wilson.

Commissioner Walters was in favor of the people deciding if they wanted to be taxed.

The motion carried unanimously.

Resolution 2006-03

A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORDA, DESIGNATING SIGNATUORIES; AND PROVIDING FOR AN EFFECTIVE DATE.

Town Attorney Gary Sack read Resolution 2006-03 by Title.

Motion by Commissioner Walters to approve Resolution 2006-03. Second by Commissioner Guglietta. The motion carried unanimously.

Michael Senti informed the Commission that there was a large pothole by the Melbourne Beach Supermarket.

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The items under Old Business were moved to the end of the agenda.

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NEW BUSINESS

Site plan for Bed and Breakfast located at 201 Ocean Avenue

Vice Mayor Wilson stated that this has been approved by Planning and Zoning. He stated that he was concerned about traffic, as he does monitor it. He said that he has looked at the proposed plans, and that it has gone through the process. His concern was the safety issues relating to traffic.

His first concern was the two driveways. The one on the west will have a 24-inch stop bar, a high intensity stop sign, and a no left turn sign. The DOT engineers said no left turn. The one in front of the carriage house, where there are three parking places, one will be for staff, one for registrants, and one handicapped. The plans indicate a 30-inch stop sign and 24-inch stop bar. This is a blind turn and trying to make a left is going to be dangerous. He indicated that the DOT supported his concerns and that they believe there should be a no left turn sign there as well.

Commissioner Walters said that the reason it was a 30-inch sign is that it is a high traffic area. He agreed that making a left turn would be dangerous.

The engineer Mr. Tamouri indicated that placing a no left turn sign in that location was not a problem and would be done.

Vice Mayor Wilson asked where trash would be picked up. Mr. Tamouri responded that it would be on Ocean Avenue the same as the other businesses in the area. He stated that the site plan was submitted in July of 2004. Planning and Zoning placed eight conditions on the plans. Two of which were variances and the others were applicable to other agencies such as the Department of Transportation and St. Johns Water Management. The site plan with these conditions was approved. There is nothing new on these plans. He continued saying that curbside pick up for trash has been addressed with the Planning and Zoning Board and the Planning Official. The subject of deliveries was also addressed and there will be none.

Ms. Rydson stated that last time the plans were approved with conditions the time lapsed. You are again approving with conditions. If the DOT takes time to meet these conditions will we have to come back to the Commission again if it exceeds the time set by Ordinance.

There was discussion regarding the expiration of building plans and permits. It was clarified by the Town Attorney that if the permit expires the Commission might extend the time limit. He also said that if construction was on going it could be extended.

Motion by Vice Mayor Wilson to approve the site plans for 201 Ocean Avenue as amended so that both exits on the driveways will have no left turn signs attached to the stop signs. Second by Commissioner Guglietta. The motion was carried unanimously.

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The Commission took a five-minute recess at this time.

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Discussion regarding Amendement to Chapter 70 of the Town Code of Ordinances

Vice Mayor Wilson stated that there was a memo in the packet directed to the Town Attorney relating to a photo on the previous Town Managers desk of a modified air stream to sell smoothies at a set location in Town. The previous manager was unsure what to do, as there was already a vendor in Town doing the same thing. He said that he asked the Town Attorney to look at code.

Vice Mayor Wilson said that the code needs to be updated and that this type of activity needs to be kept to a minimum. Included with the memo is the Planning Officials opinion. He asked the Town Attorney for his input. The Attorney stated that there are state statutes that govern the sale of food from vehicles. Those rules and regulations will have to be looked at. The sale of boats

and other things in the gas station as mentioned will be an occupational license issue that needs to be looked at. First, you must find out what regulations are imposed by state statute.

Discussion continued regarding the types of situations the town could be in regarding itinerant merchants.

Vice Mayor Wilson suggested not allowing two consecutive licenses. He also suggested eliminating itinerant licenses completely and limit them to special events only and have them obtain a special events permit.

Motion by Vice Mayor Wilson to direct town attorney to come back with a suggestion for amendments to the ordinance. Second by Commissioner Walters.

There was discussion regarding the different types of vehicles used to serve food. Commissioner Guglietta brought up "roach coaches" that arrive at construction sites at breakfast and lunch, sell their goods and leave, they are not stationary.

Commissioner Walters read the section of the Code regarding peddlers, solicitors, and itinerant merchants. He said that the Town wants to be a good neighbor and continually extends the 90-day license. He felt that the Commission must state what a temporary permit is and when and how many times it can be renewed. The code needs to be clarified.

Vice Mayor Wilson said that there are many places that have vendors lining the streets. He wants to address this issue before it gets out of hand.

Commissioner Guglietta agreed that the issue needs to be investigated, but he does not believe that it will get to the point where we will have a vendor on every corner.

Discussion continued regarding the types of situations the town could find themselves in if the ordinance is not revisited.

Bruce Black - stated that he was the hot dog vendor on the corner. He said that he realizes that the Commission is trying to get him off the corner. He said that he believes that two of the Commissioners hate him and do not want him there, and if they can construct a law to run him off it does not matter. He said that he did not know he was creating such a problem.

Vice Mayor Wilson replied that there was a time when he had Monday through Saturday on his license. Then he was were there on Sunday. Vice Mayor Wilson looked at Mr. Black's license and saw there were no restrictions. Also on the form, there were no signatures. He said he called Diane Maynard regarding the missing signatures and she said that they were in the home office. He said that he talked with her about the modified air stream that was proposing to come to Town and she indicated that it was going to come to Town.

Commissioner Walters said that he had not called the health department in 30 years. No one was trying to design a law to remove Mr. Black, it is just that when somebody does

not get what they want they start to attack. Commissioner Walters is concerned with safety. Mr. Black has open flames within 40 feet of people pumping gas. His alternative would be to get an occupational license.

Vice Mayor Wilson asked if the Chevron station was allowed mixed use. Could this lead the Town into a situation of some type of liability if someone gets hurt?

The question was called and the motion carried unanimously.

Discussion and possible action related to requesting criminal prosecution and/or civil action to be

taken to recover costs of the police investigation and costs to repair damage resulting from the

criminal mischief to Town property.

Frank Thomas place a wheelbarrow and a shovel in the middle of the floor of the Commission

Chambers.

Commissioner Walters stated that he thought long and hard about putting this on the agenda. He said that there are procedures to protect citizens against liability. He said that when he saw the police report on the latest incident he felt there has to be a point where the community says enough is enough. He said that he has voted for every parade, and event, and he thinks the residents enjoy the entertainment and that it is good for the community. What he does not like is when one individual does not obey the rules. He continued reading the Code regarding special events permits. The Town Commission has experienced difficulty, and said there will be no special events without Commission approval, liability insurance, and police protection. He was referring to Mr. Thomas's Historic Walk.

Commissioner Walters continued saying that he was surprised when he came to town on a Saturday morning and there were about 150 people blocking the intersection and standing in the road, cars were stopping and going around. There was no police protection because they did not know about the event and there was no permit. He continued saying that he was shocked when he found about forty-five people in the Ryckman house as there is exposed electrical wiring and there is power. There was rope on the floor in front of the stairway. He felt that Mr. Thomas was putting the town in a situation of liability. He said that Mr. Thomas identified himself as the town historian and convinced the new person to give him a key.

Mr. Thomas continually interrupted Commissioner Walters.

Commissioner Walters continued saying that it was a completely unsafe event, but he dropped the issue. Then he was told that someone approached the Public Works Superintendent regarding removal of dirt from around the Ryckman house. The Public Works Superintendent explained that the wood was pressure treated and sprayed for termites and that removing the dirt would cause a safety hazard because children play in that area. The next day, one of the residents went out and dug a trench around the building and took the dirt and dumped it in the park. This caused the Police to do an

investigation and the Public Works employee's time to secure the situation. This person continually does not follow the rules.

Mr. Thomas said that the Historic Walk was not a private event and used foul language to express his displeasure.

Commissioner Walter continued saying that the Police Chief contacted the state attorney and he said that there was no permanent damage so the digging of the trench was not a criminal mischief.

Mr. Thomas continued to interrupt.

Motion by Commissioner Walters to instruct the Town Manager to file a small claims action against the perpetrator for $255.00 it cost the town for damages.

Mr. Thomas replied that he would be happy to give $255.00, $500.00 or $1000.00 to the Old Town Hall Committee.

Commissioner Walter withdrew his motion.

Motion by Commissioner Walters that Mr. Thomas be given the opportunity to repay the town first and to send him a bill for $255.00 for the cost of the investigation, and the time to repair the damage, and allow him 30 days to pay.

Second by Vice Mayor Wilson.

Commissioner Guglietta said that he would rather bill him then incur attorney fees to take him to court. Commissioner Walters responded that if you do not take action it will allow him to continue.

Mayor Stacey asked Mr. Thomas for an explanation as to why he dug the ditch. Mr. Thomas replied that he did it to protect the wood around the porch of the house.

There were comments from the audience regarding this issue.

Commissioner Walters clarified that Mr. Thomas was told by the Public Works Superintendent not to remove the dirt.

Members of the audience and the Commission were talking at the same time causing a disruption to the meeting.

Marty Remark commented that the History Board did not approve the event.

Kathy Emerson 512 Ocean Avenue said that she believes that he did this based on his love for the building he was not malicious. She did not think that it is fair to make him pay a fine. I think he knows to get the town's permission in the future.

Commissioner Walters replied that he did not get the Towns permission. He asked and was told no. Then he created a second hazard by dumping the dirt in the park. He said that this was a continuous problem.

Mayor Stacey asked Mr. Thomas if this would happen again. Mr. Thomas responded that it would not. The Town Manager said that he would look into this. Commissioner Walter said that he has a problem when the rules and procedures are not followed and it puts the town in a situation of possible liability.

Commissioner Walters called the question.

The motion failed with the Mayor and Commissioner Guglietta voting no and Vice Mayor Wilson and Commissioner Walters voting yes.

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The meeting was recessed for five minutes.

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Motion by Commissioner Walters to table the three items on the agenda under New Business until the March 1, 2006 Special Commission Meeting. Second by Commissioner Guglietta. The motion carried unanimously.

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REPORTS

Town Attorney had no report.

The Town Manager reported that the auditors are on site and proceeding well. There has been no revenue received on the first responder agreement and we are checking with the County. Pets in the Park is scheduled to proceed and he is meeting with the Parks Board regarding Founders Day. He said that the Police Department was awarded a speed trailer for placing second, and was awarded a hand held radar unit for the Labor Day DIU crackdown. He said that he has met with the new engineer to discuss corrective action regarding the Pedway Project. Reconstruction of the last dune crossover was completed last week. We found that the worksheet prepared by FEMA for the Shoreline restoration was incorrect and a request for corrections has been submitted. At that point bid, documents will be ready. He informed the Commission that the EMS assessment method will be changed by the County. At this point, there is not a lot of information, but he will report back as more information is received. He said that he received notification of the Florida Forever Program, which allows municipalities to purchase land. This could be utilized for the purchase of land adjacent to Loggerhead Park. He asked if the Commission was still interested in this purchase. He thanked everyone for helping him his first two weeks on the job.

The Commission decided by consensus to look into the matter of land acquisition further.

Vice Mayor Wilson reported that he has done some research into a Code Enforcement attorney and he has found someone interested in the position. His name is Chris Bove. He is the assistant Code Enforcement Attorney from the City of Cocoa. Mr. Bove lives in Satellite Beach, and he said that he hopes this is not held up because of the advertising requirement. He would like this addressed by the first Wednesday in March.

Commissioner Guglietta reported that he attended the MPO meting. One topic of discussion was the 1% additional sales tax. As he mentioned earlier there were mixed reviews. He said that the good news was that in 2007 a lane will be added I-95 and a safety barrier to stop crossovers. What they will do to finance this is allow the construction companies to bid on the job. The construction company will use their own funds to begin the project and then will be reimbursed by the State. They are planning to use concrete for the roads. One of the State Representatives made a motion that the municipally help to support the state police using our police officers in enforcing the speed regulations on I-95 because it is a traffic hazard. The other issue discussed were turn-arounds on I-95 to allow for emergency vehicles.

His last point was about members of the Town Boards being critical of members of the Commission and other Town Officials. He said that he did not think it was right for them to be critical of the decisions of the Commission because they serve at the Commissions pleasure. There are processes, and if they disagree with a determination, there is a process to follow. There should be no other comments made. He said that he is tired of people criticizing Commissioners. He stated that these individuals are placed on the Boards to make non-political decisions. If they

cannot do that job they should be removed from the Board. He said that he is tired of hearing them be critical. There are ethical procedures to be followed if you are on a board.

Vice Mayor Wilson replied that he has no problem removing a member from a Board. The Town Attorney commented that there is a process to follow before you can remove a board member.

Commissioner Walters asked if there was stormwater grant funding coming. The Town Manager responded that there are two separate grants through FEMA. One is for $500,000 for Basin 9 and $150,000 for drainage improvements. At this point, it looks good that the Town will receive the $500,000 it is a long shot for $150,000.

Commissioner Guglietta asked if FEMA has reimbursed the Town for the employee's compensation time due to the hurricanes. The Town Manager indicated that FEMA has been notified and he will check the status.

Commissioner Walters continued that there is an officer out on worker's compensation and he wanted to know the status. The Police Chief reported that she has reached maximum medical ability and wanted to file disability claim with the Pension Board. Commissioner Walters responded saying that she will have to see another doctor to determine if she has a disability. That is why it is so important to have educated people

on that board that know the laws. She will have to complete an application with the Pension Board.

Commissioner Walters continued saying that private events must have a permit and they must be approved by Commission. He also discussed a meeting with Planning and Zoning and the Board of Adjustments because Planning and Zoning thinks that the Board is giving too many variances.

Commissioner Walters asked about the minutes. The Clerk responded that they are being worked on. He also asked if he could have his Commission packet in a paper binder.

The Clerk responded that in the end the binders were less expensive. However, that she did not care if he wanted his in a paper binder and would do so.

Commissioner Walter stated that the Commission needs the light system. It was taken out of the budget and it needs to be in place. It will help control the meeting. Commissioner Guglietta agreed that it is needed.

The Clerk indicated that there are two types of systems. If you wanted to go with just the speaker timer, it could be purchased for about $500.00. She explained how the light system worked. There was a consensus of the Commission to purchase the speaker timer light system.

Commissioner Walters asked about the status of the equipment for placing the minutes on CD. The Clerk replied that it is not working, but she will be contacting someone to get it going.

Mayor Stacey reported that he talked with Commissioner Helen Volts regarding a skateboard and dog park.

The Clerk requested that the Newsletter be published quarterly rather than Bi-monthly as she is having difficulty getting information from the boards.

Motion by Commissioner Walters to publish the Newsletter quarterly. Second by Vice Mayor Wilson. The motion carried unanimously.

ADJOURNMENT

The meeting was adjourned at 11:02 PM.